DECLARATION OF COVENANTS, CONDITIONS AND .RESTRICTIONS FOR LAIIBWOOD E~TATES, SECTION 1 • TABLE.OF CONTENTS ' ARTICLE I.
Definitions ...................................................................... 2 Section 1. Specific Definitions ............................................. 2 Section 2. Other Defined Terms ........................................... 5 ARTICLE II.
Easement of Enjoyment ...................................................................... 5 Section 1. Use of Common Area ........................................... 5 Section 2. Delegation .................................................... 6 Section 3. Conveyances to the Assodation .............. ·'. ................... 6 ARTICLE III.
Establishment of General Plan ... : .................................................................. 6 Section 2. Equitable Servitudes ........................................... 7 Section 3. Covenants Appurtenant ........................................ 7 ARTICLE IV.
Management and Operation of Properties ............... _ .............. : .... 7 Section 1. Management by Association ..................................... 7 Section 2. Board of Directors ............................................. 8 Section 3. Membership in Association ..................................... 8 Section 4. Voting and Membership Limitations ..... :._ ....................... 9 Section 5. Voting ....................................................... 9 Section 6. Compensation of Board ............. '. .......................... 9 Section 7. Power to Enforce Declaration and Rules and Regulations ........... 10
...................................... 9 Section 6. Compensation of Board ............. '. .......................... 9 Section 7. Power to Enforce Declaration and Rules and Regulations ........... 10 Section 8. Limitation on Liability ~ ...... : ................................ 10 Section 9. Reimbursement of Declarant ................................... 11 Section 10. Indemnification ............................................. 11 Section 11. Power to Grant Easements .................................... 12 Section 12. Inspection of Records ........................................ 12 Section 13. Right of Entry: Enforcement by Self Help ......... ; ............. 12 341346 CMM 122154 00004 11/1/2001 -iARTICLEV.
Maintenance Section 2. Owner's Responsibilities ....................................... 14 ARTICLE VI.
ARTICLE VII.
Architectural Approval ................................. ; ............... 15 Section 1. Architectural Control Committee ............................... 15 Section 2. Approval of Improvements Required ............................ 16 Section 3. Address of Committee ...... -...................... ; ............. 16 Section 4. Submission of Plans ..................... , ...................... 16 Section 5. Criteria for Approval .................... ; .................... 16 Section 6. Architectural Guidelines .................... _ ................... 17
.......... , ...................... 16 Section 5. Criteria for Approval .................... ; .................... 16 Section 6. Architectural Guidelines .................... _ ................... 17 Section 7. Decision of Committee ......................................... 17 Section 9. Prosecution ofWorkAfter Apprnval .................... , ..•.... 17 Section 10. Inspection of Work ........................................... 18 Section 11. Notice of Noncompliance ..................................... 18 Section 12. Correction of Noncompliance ............. , .................... 18 Section 13. No Implied Waiver or Estoppel ......................•......... 18 Section 14. Power to Grant Variances ........... : ............ _ ............ 19 Section 15. Compensation of Ai-chitectural Control Committee ............... 19 Section 16. Delegation of Authority ....................................... 19 Section 17. Authority to Ch.arge Fees ................... : ................. 19 Section 18. Non-liabilitv for Architectural Control Committee Action ........... 19 Section 19. Construction Period Exception ............... ~ ................ 20 ARTICLE Vlll.
Section 1.' Dwelling.Unit Size ........................ · .................... 20 Section 2. Height and Character of Dwelling Unit ........................... 20 Section 3. Location of Dwelling Unit ....................................... 20 Section 4. Exterior Walls ................................................. 20 Section 5. Use of Temporarv Structures ........... ·" .................. , ... 21
.................................... 20 Section 4. Exterior Walls ................................................. 20 Section 5. Use of Temporarv Structures ........... ·" .................. , ... 21 Section 6. Drainage .................... '. ......... ; .................. '. .... 21 Section 7. Carports/Garages ............................. ., .............. 21 Section 8. Roofs ................. _ ...................................... 21 341346 CMM 122154 000041111/2001 -iiSection 12. Flagpoles ..................................... .
Section 13. Private Utility Lines .............................. ; ...... .
Section 14. Exterior Lighting ............................................ 24 Section 15. Sound Devices .............................................. 24 Section 16. Window Treatment ....................................... , .. 24 Section 17. Air Conditioners ............................................ 24 Section 18. Pools ................. ; ................. , .................. 24 Section 19. Tents, Mobile Homes and Temporarv Structures ................. 24 Section 20. Drainage and Septic Systems .................................. 25 Section 21. Sight Distance at Intersecfi0ns ................................. 25 Section 22. Artificial Vegetation, Exterior Sculpture and Similar Items ........ 25 Section 23. Playground ................................................. 25 Section 24. Walls, Fences and Hedges ..................................... 25 Section 25. Exterior Paint ............................................... 26 ARTICLE IX.
Use Restrictions ..................................................................... 26 Section 1. General ..................................................... 26
................... 26 ARTICLE IX.
Use Restrictions ..................................................................... 26 Section 1. General ..................................................... 26 Section 2. Single Family Residential Use .................................. 26 Section 3. Occupants Bound ............................................ 27 Section 4. Quiet Enjoyment ............................................. 27 Section 5. Busin.ess Use ...................................... ~ .......... 27 Section 6. Definition of "Business" and "Trade" ....................... ~ ... 27 Section 7. Unsightly or Unkempt Conditions ............................... 28 Section 8. Leasing of Lots ................... " ........................... 28 Section 9. Compliance with Declaration, By-Laws and Rules and Reirnlations ... 28 Section 10. Laws and Ordinances ....................... , ................ 29 Section 11. Subdivision of Lots .......................................... 29 Section 12. Parking and Prohibited Vehicles ............................... 29 Section 13. No Hazardous Activities ...................................... 29 Section 14. On-Site Fuel Storage ......................................... 29 Section 15. Removal of Trash and: Debris During Construction ............... 30 Section 16. Lighting ................................................... JO Section 17. Excavation and Tree Removal ................................. 30 Section 18. Damage or Destruction of Improvements ........................ 30 Section 19. Restrictions on Garbage and Trash ............................. 31 Section 20. Clothes Drving .............................................. 31 Section 21. Animals ..................................................... 31
age and Trash ............................. 31 Section 20. Clothes Drving .............................................. 31 Section 21. Animals ..................................................... 31 Section 22. Signs and Billboards ....... .' ................................. 31 Section 23. Oil and Mining Operations .................................... 32 Section 24. Treatment Facilities .......................................... 32 341346 CMM 122154 00004 11/1/2001 -iiiARTICLEX.
Covenants for Assessments ................... -~ ........ , ...... ; ....... : ... 32 Section 1. Creation of the Lien and Personal Obligation for Assessments ...... ; . 32 Section 2. ·.Annual ASsess1llents ........................................... 33 Section 3. Maximum Annual Assessments ........ : .... ~ ................... 34 Section 6. Reimbursement Assessments ....... : ............................ 35 Section 8. Attribution of Pavments ..................... , . ~ ............... 36 Section 9. Effect of Nonpayment of Assessments .......... ~ .................... 36 Section 11. Non-Use, Etc .......................... · .................. , .... 38 Section 12. Exempt Portions of the Properties ..................... ~ ........ 38 Section 13. No Offsets ......................... ~ ...................... : .... 38 Section 14. Subordination of the Lien to Mortgages ...... ~ .................. 38 ARTICLE XI.
Section 13. No Offsets ......................... ~ ...................... : .... 38 Section 14. Subordination of the Lien to Mortgages ...... ~ .................. 38 ARTICLE XI.
Easements and Utilities .................... · ............................. 38 Section 1. Title to Utility Lines ......................... · .................. 38 Section 2. Association Easements ........................................ 39 Section 3. Easements for Utilities, Etc ..................................... 39 Section 4. Easement Regarding Electric Service Cables ...................... 39 ARTICLE XII.
Underground Electrical Distribution System ............................... 39 Section 1. Generally ............................................... · .... 39 Section 2. Owner's Responsibility ........................................ 40 Section 3. Applicabilitv to Reserves ...................................... 40 Section 4~ Easement Grants ............................... , ............. 40 Section 5. Rights to Build on Easement Area ............................... ~O ARTICLEXIll.
Annexation ........................................................... 41 Section 1. Annexation .................................................. 41 · ARTICLE XIV.
General Provisions ...................................................... 41 Section 1. Duration and Amendment ..................................... 41 Section 2. Perpetuities ............................ ; ..................... 42 341346 CMM 122154 00004 11/1/2001 -ivSection 4. Compliance ......................................... ; ........ 42
Section 4. Compliance ......................................... ; ........ 42 Section 6. Assignment of Declarant's Rights ..................... , ......... 43 Section 7. Additional Restrictions Created by Those Other Than Declarant ..... 43 Section 8 .. Severability ..... , ............. : ............................. · .. 44 Section 10 .. Delay in Enforcement .......... ·" ............................ 44 Section 11. Enforceability ..... " ................. ; ......... ., ............... 44 Section 13. Violations of Law ....................................... ; .... 44 Section 14. No Representations or Warranties ...... ; .................. '. ... 44 .Section 16. No Condominium; ........................................... 45 Section 18. Notices_ ........... ; .................. -. ...................... 45 Section 19. Multiple'Counterpa:rts ....................................... 45 341346 CMM 122154 00004 111112001 -v·DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ·FOR . LAICEWOOD ESTATES, SECTION 1 THE STATE OF TEXAS § § COUNTY OF DENTON § This Declaration of Covenants, Conditions and Restrictions for Lakewood Estates, Section
ANTS, CONDITIONS AND RESTRICTIONS ·FOR . LAICEWOOD ESTATES, SECTION 1 THE STATE OF TEXAS § § COUNTY OF DENTON § This Declaration of Covenants, Conditions and Restrictions for Lakewood Estates, Section , 1 (this ''Declaration") is made on the.date hereinafter set forth by Kimball Hill Texas Develop111ent, L.C., a Texas linntedhabilify company (the "Declarant").
WITNESSETH: WIIBREAS, Declarant is the owner of the real property desc1ibed on Exhlbit "A" attached hereto and made a part hereof (the "Subdivision"); and WHEREAS, Declarantis developing the Subdivision into a single family home subdivision; WREREAS, Declarant has caused an association to be iilcorporated under the name Little -Elm Lakewood Estates Homeowners Association, Inc. (the "Association") to provide for maintenance, preservation, and archltectmal control of the residential lots and common areas located within the Subdivision and any additions thereto which may be subsequently brought within the jurisdiction of the Association; and WHEREAS, the Declarant desires to impose the Declaration on the Subdivision to adopt, establish and impose certf!.in reservations, easements, restrictions, covenants and conditions applicable thereto; and . NOW, THEREFORE, Declarant hereby declares that the Subdivision including the improvem.ents constructed or to be constrncted thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumberedsubjectto the covenants, conditions, restrictions, easements, assessm.ents, and liens, hereinafter set forth, which are for the purpose of protecting the value and desirability of, and wbich shall nm with the title to, the real property hereby or hereafter made subject hereto, and shall
ereinafter set forth, which are for the purpose of protecting the value and desirability of, and wbich shall nm with the title to, the real property hereby or hereafter made subject hereto, and shall be binding on all persons having any right, title, or interest in all or any portion of the real property now or hereafter made subject hereto, their respective heirs, legal representatives, successors, 341346 CMM 122154 00004 ll/1/2001 1 -· successors-in-ti.tle, and assigns and shall inure to the benefit of each and every owner of all or any portion thereof.
ARTICLE I.
Definitions Section 1. Specific Definitions.
"Annual Assessment" shall mean the as-8©Ssment levied pursuant to Article X, Section 2 hereof.
11Area of Common Responsibility" shall mean and refer to the Common Area, together with those areas, if any, which, by the tenns of this Declaration, a Supplemental Declaration or by contract or agreeinent, with any Person, become the responsibility of the Association, including but not limited to the entrance area (and entrance monument) located at F .M. Highway 720 and Crestlake Drive and all landscape amenities thereto or_ landscape amenities located along Lakeshore Drive and Faye Circle. The office of any property manager employed by or contracting with the Association, whether or not located on the.Properties, or any public rights-of-way within or adjacent to ·the Responsibility.
"Articles of Incorporation" or "Articles" shall mean and refer to the Articles of Incorporation of Little Ehn Lalcewood Estates Homeowners Association, Inc., as filed with the Secretary of State .of the State of Texas.
poration" or "Articles" shall mean and refer to the Articles of Incorporation of Little Ehn Lalcewood Estates Homeowners Association, Inc., as filed with the Secretary of State .of the State of Texas.
"Assessment" shall mean an.Annual Assessment, a Special Assessment,. or a Reimbursement Assess1nen.t. "Assessments" shall meai1 the Aimual Assessment, the Special Assessment and the Reimbursement Assessment, collectively.
Association, Inc., a Texas non-profit corporation, its successors or assigns.
"Board of Directors" or "Board" shall mean the elected body of the Association having its nom1al meaning under Texas law pertaining to non-profit corporations.
"Bylaws or By-Laws" shall mean and refer to the By-Laws of Little Ehn Lakewood Estates Homeowners Association, Inc. which may be amended from time to time.
341346 CMM 122154 00004 11/112001 2 L l "Common Area" shall mean all real property and improvements within the.Properties, if any, Dec~?-fant, and may include walkways, .and walking,trails. : "Con1IDon Expenses" shall mean and inclu.de the ·actual and estimated eXJ.Jenses incurred by the Association for the general benefit cif Lot Owners, including any reaso:q.able reserve, all as may be found to be n~cessary and appropriate by the Board pmsuant to this Declaration, the By-Laws, "Community-Wide Standard" shall mean the standard Qf conduct, maintenance, or other activity_ generally prevailing tlTioughout the Properties, which may be more specifically determined by the Board of Directors and the Architectural Control Committee.
f conduct, maintenance, or other activity_ generally prevailing tlTioughout the Properties, which may be more specifically determined by the Board of Directors and the Architectural Control Committee.
"Dwelling Unit" shall :qiean a residential building designed for, and lin1ited and restricted to, occupancy by a single family on a Lo,t, not including an accessmy building or garnge. A mobile home is not a Dwelling Unit. · "Improvement to Propert:y"includes, without limitation: (a) the construction, installation or erection of any bililding, stmctme, fence, Dwelling Unit or other Improvement, :including utility facilities;. (b) the demolition or des"t1:}lction, by volui1taiy action, of any building, strncture, fence, or other Improvements; ( c) the grading, excavation, filling, Gr similar distmbance to the surface of any Lot, including, without limitation, chai1ge_ .of grade, change of ground level, change of drainage p attem, or change of streain bed; ( d) installation or changes to the landscaping on any Lot; and ( e) · any exterior modification, expansion, change or alteration of anypreviously approved Improvement to Property, including ai1y change of exterior appearance, color, or te.xture not expressly permitted by this Declaration, Minimum Construction Standards, or Rules and Regulations.
"Improvements rr shall mean all struchu·es and any appmienauces thereto of every type or kind, which ai·e visible on a Lot, including, but not limited to: a Dwelling Unit, buildings, outbuildings, swimming pools, spas, hot tubs, patio covers, awnings, painting of any exterior surfaces of any visible struchu-e, additions, sidewallcs, walkways, sprinl<ler pipes, garages, carports, roads, d1iveways, .parking areas, fences, screening, walls, retaining walls, starrs, decks, fixtures,
es of any visible struchu-e, additions, sidewallcs, walkways, sprinl<ler pipes, garages, carports, roads, d1iveways, .parking areas, fences, screening, walls, retaining walls, starrs, decks, fixtures, windbreaks, basketball goals, flagpoles, or any other type of pole, signs, exterior tanlcs, exterior air conditioning fixtures and equipment, water softener fixtmes, exterior lighting, recreational equipment or facilities, radio, conventional or cable or television antenna or dish, microwave television antem1a, and landscaping that is placed on and/or visible from any Lot.
"Lot" shall mean and refer to any plot or.tract ofland shovvn upon any recorded map(s) or plat(s) of the Properties, as same maybe amended from time to time, which is designated as a lot therein and which is or will be improved with a Dwelling Unit in conformity with the building restrictions set forth herein.
341346 CMM 122154 00004 11/112001 3 Assodation in accordance with the provisions of this Declaration and any Supplementai Declai·ation ·together with interest, attorneys' fees, penalties and other sums and revenues collected by the Association pursuant to the provisions of this Declaration and any Supplemental Declaration.
"Member". shall mean and refer to a Person entitled to membership in the Association; as provided herein.
· "Mmigage" shall mean and refer to a mortgage, a deed of trnst, a deed.to secure debt, or any other form of security deed affecting a Lot.
"Mortgagee'' shall mean and refer to a beneficiary or holder of a Mmigage.
"Mortgagor" shall mean and refer to any Owner who gives a Mmigage,
debt, or any other form of security deed affecting a Lot.
"Mortgagee'' shall mean and refer to a beneficiary or holder of a Mmigage.
"Mortgagor" shall mean and refer to any Owner who gives a Mmigage, "Owner" shall mean and refer to one ( 1) or more Persons who hold the record title to any Lot, but excluding in all cases any Mortgagee or other party holding an interest merely as security for the performance of an obligation. For the purpose of exercising all privileges of membership in the Association, privileges of ownership are exclusive to. each Owner unless otherwise conveyed to a specific Person in writing, with a copy of such written a,uthority given to the Association.
"Person" means a natural person, a corporation, a.partnership, a trnstee,.or any other legal entity.
"Plans" shall mean the final constrnction plans and specifications (including a related site plan) of any Dwelling Unit, building or improvement of any kind to be erected, placed, constructed, maintained or altered on any Lot. · . "Plat" shall mean the .final plat of Lakewood Estates, Section 1 recorded in Cabmet ll , Page J2:l of the Map Records of Denton County, Texas, as same maybe amended or replatted.
"Prope1iy" or "Properties" shall mean the real prope1iy described on the Plat, together with any improvements thereon or appurtenances thereto includes such additional prope1iy as is hereafter subjected to this Declaration.or by a Supplemental Declaration.
"Reimbursement Assessment" shall mean a charge against a particular Owner and his Lot for the purpose of reimbursing the Association for expenditures and other costs of the Association incurred in curing any violation, directly attributable to the Owner, of this Declaration or the Rules and Regulations, pursuant to Article X, Section 6,hereof
tures and other costs of the Association incurred in curing any violation, directly attributable to the Owner, of this Declaration or the Rules and Regulations, pursuant to Article X, Section 6,hereof "Rules ai1d Regulations" shall mean those rnles and regulations which may be established from time to time by the Board of Directors pursuant to this Declaration.
341346 CMM 122154 00004 11/1/2001 4 "Special Assessment" shall. mean a charge against a particular. Owner and his. Lot representing a portion of the.~ostto the Association for the purpose of fnnding major capital repairs, maintenance, anO, replacement of Improvements, as more particularly described in and imposed by Article X, Section 4,. hereof.
"Supplemental Declaration" shall mean any amendment or supplement to tbis Declaration executed by or consented to by Declarant which s1ibjects additional property tp this Declaration desc1ibed therein.
Section 2. Other Defined Te1ms. Other tenns which are defined herein shall have the meanings given in this Declaration, ARTICLE II.
Easement ofEniovment Section 1. Use of Common Area. Each Owner shall have a nonexclusive rightand easement of enjoyment to the Common Area which shall be appmienant to and shall pass with the title to every Lot, subject to the following: (i) This Declaration, as it may be amended from time to time; (ii) Any restrictions or limitations contained lll anY deed conveying such COIDI!lOn Area to the Association; · (iii) The right of the Board to limit the number of guests who may use the Common Ai-ea, and to adopt other Rules and Regulations regulating the use and enjoyill.ent of the Cormnon Area;
ssociation; · (iii) The right of the Board to limit the number of guests who may use the Common Ai-ea, and to adopt other Rules and Regulations regulating the use and enjoyill.ent of the Cormnon Area; (iv) The right of the Board to suspend the right of an Owner to use any recreational facilities.within the Common Area (i) for anyperiod dmip.gwhich any Assessment or portion thereof owed by such Owner remains delinquent, and (ii) for a period not to exceed sixty (60) days for a single violation, or for a longer period in the case of any continuing violation, of the Dec:;laration, By(v) The right of the Association, acting through the Board, to dedicate or transfer all or any part ofthe Common Area;. , (vi) The right of the Board to impose reasonable membership requ:ixements and charge reasonable admission or other fees (which fees shall be separate from Assessments) for the use. of any recreational facility situated upon the Common Axea; 341346 CMM 122154 00004 11/1/2001 5 (vii) The right of the Board to permit nonmember use of any recreational facility situated on the Common Area upon payment of user fees established by the Board; (viii) The right of the Association, acting through the Board, to mortgage, pledge, or hypothecate any or all of its real or personal property as security for money bonowed or debts incurred; (ix). The rj.ght of the Association to grant easements pursuant to Article N, Section 11 hereof; and (x) The right of the Association to enter into and execute contracts with any party (i1icluding without lin1itation; Declarant or its affiliates)for the purpose of providing maintenance
11 hereof; and (x) The right of the Association to enter into and execute contracts with any party (i1icluding without lin1itation; Declarant or its affiliates)for the purpose of providing maintenance or other mate1ials or services consistent with the purposes of the Association and this Declaration.
Section 2. Delegation. Any Owner may delegate his or her right of use and enjoyment of Common Area to the members of his or her family, lessees and social invitees, as applicable, subject to reasonable regulation by the Board and in accordm1ce with procedures it may adopt. An Owner who leases his or her Lot must provide wiitten notice to the Association conveying such privileges of use to Common Areas. · ( Section 3. Conveyances to the Association. Declarant may retain the legal title to easements or fee simple parcels designated as Common Area. Declarant may, at any time after the dat~ hereof, convey legal title to all or a portion of such Common Area to the Association. The Association shall be obligated to accept title to, operate and maintain the Common Aiea conveyed to the Association as elsewhere provided in this Declaration; provided, however, such parcels shallbe conveyed to the Association by the Declarant free and elem· of all encumbrances, except such encumbrances as may be set forth herein or on the Plat. · ARTICLE HI.
Establishment of General Plan Section l. General Plan and Declaration. This Declaration is hereby established pursum1t to and in furtherance of a common and general plan for the improvement m1d sale of Lots within the Properties, and for the purpose of enhancing and protecting the desirability and attractiveness of the Properties. The undersigned Owners, for themselves, their heirs, ·executors, adm.inistrators, legal
operties, and for the purpose of enhancing and protecting the desirability and attractiveness of the Properties. The undersigned Owners, for themselves, their heirs, ·executors, adm.inistrators, legal repres~ntatives, successors, and assigns hereby declare that the Properties and each part thereof shall be owned, held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained, altered, and improved subject to the covenants, conditions, restiictions, liinitations, reservations, easements, exceptions, equitable servitudes, and other provisions set forth in this Declaration, for the duration thereof. The Lots and Common Areas in the Properties shall be subject to the jurisdiction of the Association.
341346 CMM 122154 00004 11/1/2001 6 reservations,. easements,' and exceptions of this Declaration hereby are imposed as equitable servitudes upon each.Lot, and the Common Areas witbin the Properties, as a servient estate, for the benefit of .each and every other .Lot and parcel of Common Area within the Properties, as the dominant ,estate.
reservations, ease111ents, exceptions,, equitable servitudes, and other proyisions set forth in this Declaration.shall be binding llpon and inure to the benefit of: (a) the Properties; (b) Declarant and its successors and assigils; (c) the Association and its successors anq assigns; and (d) all Persons (including Owners) having, or hereafter acquiring, any right, title, or interest in all or any portion of A,llTICLE IY.
Persons (including Owners) having, or hereafter acquiring, any right, title, or interest in all or any portion of A,llTICLE IY.
Management and Operation of Properties Section 1. Management by AssociatioIJ.,.
(i) Generally. The affairs of the Properties shall be administered and managed by the .
Association. The Association shall have the right, power· and obligation to provide for the management, acquisition, construction, maintenance, repair, replacement; administration, .and operation of. the Properties as .herein provided for and as proVided for in the AJ.iicles of Incorporation, Bylaws, and the Rilles and.Regulations. In the event of any confli_ct between the Aiiicles offocorporation and the Bylaws, the Aiiicles of Incorporation shall control; and ll.1 the event of a conflict between the Aiiicles of Incorporation or the Bylaws and the provisions of the Declaration, the provisions of the Declaration shall control. The prn1cipal pmposes of the Association are the collection, expenditure, and management of the Maintenance F1md, enforcement of the restrictions contained herell.1, and in Supplemental Declarations, providing for the maintenance and presentation of the Area of CoII.l)Jlon Responsibility and the facilities . of the Association, ensuring architectural control of the Lots, and establishing a method for the administration, maintenance, preservation, use and enjoyment of t1,1e Properties.
(ii) Additional Powers of the Association. The Association, acting through the Board, shall be entitled to entern1to such contracts and agreements concerning the Properties as the Board deems reasonably necessary or appropriate to maintain and operate the Properties in accordance with
shall be entitled to entern1to such contracts and agreements concerning the Properties as the Board deems reasonably necessary or appropriate to maintain and operate the Properties in accordance with the Declaration, including without limitation, the rightto enter into agreements with adjoining or administration, security, traffic, operation of recreational facilities, or other matters of mutual interest. The Association, acting through its Board of Directors, shall also have.the power to make and to enforce Rules and Regulations governing the use of the Properties, :including but not limited to Rules concerning traffic and parldngmatters, in addition to those contained herein, and to impose reasonable user· fees for use of Common Area facilities. The Rules and Regulations shall be binding 341346 CMM 122154 00004 11/1/2001 7 ·upon all Owners, occupants, invitees and licensees, if any, until and unless ovemiled, canceled or modified in a regular or special meeting of the Association by the majority of the total eligible Class 11A11 and Class 11B11 votes of the Association; .
(iii) .· Common Area. The Association, subject to the rights ofDeclarant arid the Owners.
set forth. in this Declaration, shall be r.esponsible for the exclusive management and control of the Common Area and allJmprovements thereon (including, without limitation, furnishings and .· ·. and sanitary condition; order, and repair, pursuant to the'terms and conditions hereof and consistent with the;Comniunity-Wide Standard.
scaped areas)~ and shall keep it in good, clean, attractive, ·. and sanitary condition; order, and repair, pursuant to the'terms and conditions hereof and consistent with the;Comniunity-Wide Standard.
action ofitsBoard of Directors, may acquire, hold, and dispose of tangible and intangible personal property and real property. The Board, acting on behalf of the Association, shall accept any real or personal property, leasehold, or other property interests within the Prope1iies conveyed to it by Declarant pursuant to the terms oftl:iis Declaration. · (v) Implied Rights. The Association may exercise any other right or privilege given to it expressly .by this Declaration, the By-Laws or by statute, and every other iight or privilege reasonably to be implied from the existence of any right or privilege given to it herein or reasonably necessary to effectuate any such right or privilege.
Section 2. Board of Directors. The business and affairs of the Association shall be managed by and the decisions ·and actions of the Association shall be made or talc en by the Board of Directors, . unless otherwise reserved to the Members of the Association by law, the tenns of the Declaration, Aliicles of Incorporation, or the Bylaws.
Section 3. Membership in Association. Each Owner, whether one person or more, of a Lot shall upon and by virtue ofbecoming such Owner, automatically become and shall remain a Member.
of the Association until ownership of the Lot ceases for any reason, at which time the membership in the Association shall also automatically cease. Membership in the Association shall be appurtenant to and shall automatically follow the ownership of each Lot and may· not be separated
e membership in the Association shall also automatically cease. Membership in the Association shall be appurtenant to and shall automatically follow the ownership of each Lot and may· not be separated from such ownership. Prior to changing the name of the Owner of any Lot on the membership rolls of the Association, the Association or its managing agent (if auth01ized by the Board of Directors) may charge a transfer fee or processing fee when ownership to any Lot changes, however there shall .
be no charge when Declarant conveys a Lot to a Class A Owner. Membership in the Association shall not include Mortgagees or other persons having an interest merely as a. security for the perfom1ance of an obligation. Each Owner is required to provide and maintain at all times with the . Association, or its designated .management agent, current infom1ation regarding such Owner's address and phone number and the name, address and phone number of the occupant or property manager, if any, of each Lsit owned.
341346 CMM 122154 00004 11/1/2001 8 Section 4. Voting and Membershlp Limitations. The Association s~all have two (2) classes of Members: (i) Ciass "A". Class "A" Members s1:iall b~ all Owners, with the exception ofDeclarant.
Each Class 11A11 Member shall be entitled to one (1) vote for each Lot ownedbysuchMember:in the Properties; provided, however, when more.than one person holds an interest in any Lot~ all such persons shall be Members, and the single vote for such Lot shall be exer.cised by them as they among themselves determine.'but ill np event, shall more than one(l) vote be cast with regard to anY Lot (ii) Class "B 11 • The Class "B 11 Member shall be Declarant. The Class 11B 11 JYiember shall
p event, shall more than one(l) vote be cast with regard to anY Lot (ii) Class "B 11 • The Class "B 11 Member shall be Declarant. The Class 11B 11 JYiember shall be allowed ten (10) votes for.each Lot ill the Properties owned byDeclarnnt. All Class "B" votes shall cease to exist and autoniatically be converted to Cla.ss '.'A" votes on the happening of any of the following events, whichever occurs earlier: · .
(a) When 95% of the Lots planned for development_ have been sold to and (b) Fifteen (15) years from the date the peclaration is filed ill the Office of the (c) At such earlier time.as.the holder of the Class 11B" votes may, ii1 its sole discretion; elect, as evidenced bya document recorded in the.real property-records of Denton Cmmty, clii) Reinstatement of Class "B11 Votes. Notwithstanding the p1ior provisions of Section 4(b) above; if additional property is ma9-e subject ~o the jurisdiction of the Association pursuant to a Supplemental Declaration, such that Declar~t OWJ?.S more thail. twenty'-:5.ve percent (25%) of the . tot.al of all Lots, then the provisions in the first sentence of ,said paragraph (b) of Section 4, shall be .automatically reinstated ipso facto.
Section 5. Voting. Unless otherwise stated herein, in the Articles, in·the By-Laws, or required by law, any action which requires the approval of the Members of the Association shall require the approval of a majmity of the 'total eligible votes of all Members represented in person or by proxy at any duly called meeting. Any action of the Board.shall require the approval of a majority
ire the approval of a majmity of the 'total eligible votes of all Members represented in person or by proxy at any duly called meeting. Any action of the Board.shall require the approval of a majority of the total members thereon. Any Owner who is delinquent in the payment of any Assessment shall not be entitled to vote during any period in which any such Assessment is delinquent.
. . . . . .
Section 6 .. Compensation of Board. No person serving on the Board shall be entitled to ·compensation for services performed; however, (a) anymember of the Board maybe reimbursed for his actual expenses incuiTed in the performance of his duties, and (b) the Board may employ one or more architects, engineers, land.planners, management companies, accmmtants, bookkeepers, collection agencies, attorneys or other consultants to assist the Board in carrying out its duties 341346 CivIM 122154 0000411/1/2.001 9 • hereunder, and the Association shall pay such consultants for services rendered to the Board, such payment to be made out of the Assessments.
Section 7. Power to Enforce Declaration.and Rules and Regulations. The Association shall have the pow et to enforce the provisions of this Declaration and any Rules and Regulations and shall take such action as the Board deenis necessary or desirable to cause compliance by each·Member and each Member's family, guests, or tenants. Without limiting the generality of the foregoing, the Association shall have the power to enforce the provisions of this Declaration and of the Rules and Regulations of the Association by any one or more of the following means: (a) by entry upon any Lot within the Properties after notice. (tmless a bona ·fide emergency exists in which event this right of
gulations of the Association by any one or more of the following means: (a) by entry upon any Lot within the Properties after notice. (tmless a bona ·fide emergency exists in which event this right of entry may be exercised without notice [written or oral] to the Owner, but in such manner as to avoid any l,lTITeasonable or unnecessary interference with the lawful possession, use, or enjoyment of the Improvements situated thereon by the Owner or any other Person), without liability by the Association.to the Owner, tenant, or guest thereof, for the purpose of enforcement of this Declaration or Rules and.Regulations; (b) by commencing and maintaining actions and suits to testrain and enjoin any breach or.threatened breach of the provisions of this Declaration or the Rules and Regulations, by mandatory injunction or otherwise; ( c) by commencing and maintaining actions and suits to recover damages for breach of any of the provisions of this Declaration or the Rules and Regulations; ( d) by exclusion, after notice, of any Member or Member's family, guests, or tenants from use of any recreational . .facilities in the Common Areas d'ming and for up to sixty (60) days following any breach of this Declaration or such Rules and Regulations by such Member or Member's family, guests, or tenants, unless the breach is a continuing breach in which case, such exclusion shall continue for so long as such breach continues; (e) by suspension, of the voting rights of a Member during and for up to sixty ( 60) days following any breach by such Member or Member's family, guests, or tenants, of this Declaration or such Rules and Regulations unless the breach is a continuing breach in which case such suspension shall continue for so long as such breach continues;
amily, guests, or tenants, of this Declaration or such Rules and Regulations unless the breach is a continuing breach in which case such suspension shall continue for so long as such breach continues; (f) by levying and collecting, ·after notice, a Reimbursement Assessment against any Member for breach of this Declaration or such Rules and Regulations by such Member or Member's family, guests, or tenants; and (g) by levying and collecting, after notice, reasonable and unifonnly applied fines and penalties, established in advance in the Rules and Regulations of the Association, which fines and penalties shall be deemed Reimbursement Assessments to be collected as such, from any Member or Member's family, guests, or tenants, for breach of this Declaration or such Rules and Regulations by such Member or Member's family, guests, or tenants.
Section 8. Limitation on Liabilitv. The officers of the Association and Board members shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers or Board members may also be Members of the Association). Further, a member of the Board shall not be liable to the Association, any Member, or any other person for any action taken or not taken as a member of the Board if he acts in good faith, with the care an ordinary prudent person in a like position would exercise un.der similar circumstances, and in a manner he reasonably believes to be in the best interests of the Association. The officers ofthe Association and the members of the Board shall also 341346 CMM 122154 00004 11/112001 10 .l )' be entitled to the benefit of any provision limiting their liability proyided by the By-Laws and the
fthe Association and the members of the Board shall also 341346 CMM 122154 00004 11/112001 10 .l )' be entitled to the benefit of any provision limiting their liability proyided by the By-Laws and the Section 9. Reimbmsement ofDeclarant. Recognizing that the .initial cost of administration and maintenance of the Area of Con1mon Responsibility and that the. Associatio;n may have to be subsidized by Declarant, the Board( whether the Board is the same as Declarant, his agents, servants, or employees and without being liable for any claim made by any Member of the A,ssociation that the Board's :fiduciary duty to the other Members of the Association has been breached due to a conflict of interest) may execute promissory notes and/or other instruments evidencing any debt the Association owes the Declarant for monies expended by the Declarant or loaned to the Association by Declarant for and on behalf of '!;he Association; provided, however, such promissory notes shall not be secured by a lien on any .of the Common Area conveyed by :Qeclarant to the !\ssociation.
Section 10. Indemnification.
(i) Generally. Except as provided in Subsection (f)-ofthis Section 10~ the Association shall defend and indemnify e;very officer, member of the Board and committee member and their respective agents, managers or administrators (each, an "Indemnified Party''.) against any and all liabilities and expenses, :including legal fees, incmTed by or impo.sed upon such Indemnified Party in connection with any action, claim, cj.emand, .suit, or other proceeding (each a "Proceed:ing11 ) to which he or she may be a party by reason of being or·having been an officer, Boa.rd member, agent
in connection with any action, claim, cj.emand, .suit, or other proceeding (each a "Proceed:ing11 ) to which he or she may be a party by reason of being or·having been an officer, Boa.rd member, agent or committee men;iber. This indemnification shall also apply to any liability and expense incuned with the settlement of any Proceeding, if such settlement 1s approved in advance by thethen Board of Directors. The Association shall also indemfilfy and forever hold eac]+IndernnifiedPartyfree and harmless agali1st .any and all personal liability to others on accom1t of any contract or commitment made by tl1em, in good faith, on behalf of the Association,. except to the extent such :indemnified Paity may also be a Me~ber of the .Association.
. (ii) . Continuation. Indemnification under this Section 10 shall continue as to each Indemnified Paiiywho has ceased to serve in the capacity which initially entitled such Indenmified Party to the indemnity hereunder. The rights granted pursuant to this Section 10 shall be deemed contract rights, and no amendment, modificatfon or repeat of this Section 10 shall have the effect of limitillg or denying any such rights with respect to actions taken or proceedings .ruising prior to any such amendment, modification or repeal.
(iii) Advance Pavment. The right to inde:rnnification confen-ed in this Section 10 shall include the iight to be paid or reimbursed by the Association the reasonable expenses incurred by ·an Indemnified Party who was, is or is threatened to be made a nruned defendant or respondent in a Proceeding in advance of the final disp.osition of the Proceeding ru1dwithout any determination as to the Indemnified Paity's ultimate entitlement to indemnificf!.tion; provided, however, that the
n a Proceeding in advance of the final disp.osition of the Proceeding ru1dwithout any determination as to the Indemnified Paity's ultimate entitlement to indemnificf!.tion; provided, however, that the payment of such expenses incurred by any Indemnified Party in advance of the :finaldisposition of a Proceeding, shall be made only upon delivery to the Association of a written affinnation by such Indemnified Party of his or her good faith belief that he has met the standard of conduct nec~SE?fily 341346 CMM 122154 00004 1111/2001 11 • for indemnification under this· Section 10 and a written undertaldng, by or on behalf of the ,Indemnified Party, to repay all amounts so advanced if it shall ultimately be determined that the Indemnified Party is not entitled to be indemnified under this Section 10 or otherwi_se.
(iv) Appearance as a Witness. Notwithstandinganyotherprovisionofthis Section 10, the Association may pay or reimburse expenses incurred by an Indemnified Party in connection with his appearance as a witness or other participation in a Proceeding at a time when he is not a named defendant or respondent in the Proceeding.
· (v) Non-exclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this Section 10 shall not be exclusive of any other right which an Indemnified Party may have or hereafter acquire under any law.
, (vi') Limitat1on on Indemnification. No indemnification shall be provided under this SectionJO to any Indemnified Party with respect to any Proceedirig in which an Indemnified Party sha111Je determined not to have acted in good faith with .the care an ordinary prudent person in a like position would exercise under similar circumstances, and in a mam1er which he does not believe to
ha111Je determined not to have acted in good faith with .the care an ordinary prudent person in a like position would exercise under similar circumstances, and in a mam1er which he does not believe to be in the best interests of the Association. However, it is the intent of this Section 10 not to subject an Indemnified Party to standards of any professional background they may have and therefore not subject such Indenmified Party to any professional liability. An Indemnified Paiiy is intended to serve as a volunteer regardless of their professional backgrOlmd.
Section 11. Power to Grant Easements. Declarant, while Declarant owns the Common Area ai1d thereafter the Association, shall have the power to grai1t access, utility, drainage, water, faCility, telephone, cable television, security systems, and other easements, in, on, over, or under the Common Area.
Section 12. hlspection of Records. The Members shall have the right to inspect the books and records of the Associafron at reasonable times during nom1al business hours by appointment.
Section 13. Right of Entry: Enforcement by Self Help. The Association shall have the right, but not the obligation, in addition to and not in limitation of all the rights it may have under this Declaration, to enter upon any unoccupied, vacant or abandoned Lot, ll.1cluding ai1y Improvements located thereon, if deemed reasonably necessary by the Boai·d of Directors of the Association for emergency, health, safety and/or security purposes to make repairs to Improvements, secure the .Properties or abate or remove things or conditions which are potentially hazardous or which violate any provisions of this Declaration. Such right may be exercised by the Association's Board, officers,
roperties or abate or remove things or conditions which are potentially hazardous or which violate any provisions of this Declaration. Such right may be exercised by the Association's Board, officers, agents, employees, managers, and all police officers, fire fighters, ambulance persom1el, and similar emergency personnel in the.performance of their respective duties. Except in an emergency situation, the Association shall first attempt to provide reasonable notice to the last known Owner of the Lot.
All costs of such efforts, including reasonable attorneys' fees actually incurred, shall be assessed against the Owner of the Lot and shall be collected as provided for herein for the collection of the Assessments.
341346 CMM 122154 00004 ll/112001 12 ARTICLEV.
Mafutenance Section 1. Association's Responsibilitv.
(i) ·Generally. The Association shall maintain :and keep iii good repair the Area of Common Responsibility. This maintenance shall include, but need not be limited to, maintenance, repair, and replacement, subject to any insurance then in effect, of all landscaping and other flora, stmctures, and improvements, including anyprivate streets situated upon the Coriu11011.Arnas, on any easement area which easement runs to theDeclarant and/or Association, landscaped medians withll1 public 1ights-of-way thrnughout the Properties, landscaping and other flora on any public utility easement within the Properties (subjecttothete11ns of any easement agreementrelatingthereto), and . such port~ons of any additional property included within the Area of Common Responsibility as may be dictated by this Declaration, or by a contract or agreement for maintenance thereof by the Association. The Association shallmaintain such facilities and equipment in, continuous operation,
as may be dictated by this Declaration, or by a contract or agreement for maintenance thereof by the Association. The Association shallmaintain such facilities and equipment in, continuous operation, except for reasonable periods as necessary to perform ,required maintenance or repairs, unless Members holding seventy-five percent (75%) of all votes agree. ill writing to discontinue such operation. The Association may maintain other property which it does not own, including, without limitation, property dedicated to the public, if the Board. of Directors detemrines that such maintenance is necessary or desirable to maintain the Community-Wide Stap.dard.
(ii) Maintenance Easements. There are hereby reserved to the Association easements over the Properties as necessary .. to enable the Association to fulfill the Association's maintenance responsibility described in Section 1 of this Article-,V.
(iii) Maintenance Expenses. Except as. otherwise specifically _provided herein, all costs associated with maintenance, repair and replacement of the Area of Common Responsibility shall be a Common E:x:pense to be allocated among all Lots as part of the Assessment, notwithstanding thatthe Association may be entitled to reimbursement from the owners(s) of certainpmiions of the Area of Connnon Responsibility pursuant to thitl Declaration, other recorded covenants, or agreements with the owner(s) thereof.
maintenance, repair and replacement of any property within the Properties to the extent designated iri any· Supplemental Declaration affecting the Association. The Association may also assume maintenance responsibilities with respect to any Common Area that may be designated by any
xtent designated iri any· Supplemental Declaration affecting the Association. The Association may also assume maintenance responsibilities with respect to any Common Area that may be designated by any Supplemental Declaration. This ass1m1ption of responsibility may take place either by agreement or because, in the opinion of the Board, the level and qualitY of serviCe then being provided is not consistent with the Commmrity-Wide Standard of the Properties. · • Section 2. Owner's Responsibilities.· (i) Generally Each Owner shall maintain his or her Lot and all strnctures, parking areas and other improvements on the Lot in a neat, orderly condition, other than the perimeter fencing owned by the Association and referred to in Section l(a) of this Article. Owners of Lots which are adjacent to any portion of the Common Area on which walls, or fences, other than walls which form part of a building, have been constructed shall maintain and irrigate that portion of the boundary.
Owners of Lots adjacent to any roadway within the Properties shall maintain driveways serving their respective Lots, whether or not lying within the Lot boundaries, and shall maintain landscaping on that portipn of the Common Area, if any, or right-:Qf way between the Lot boundary and the back-ofcurb of the adjacent street. · (ii) Standard of Maintenance by Owner. All maintenance required by this Section 2 shall be performed in a manner consistent with the Community-Wide Stm1da:rd m1d all applicable covenants, unless such maintenance responsibility is othe1wise assumed by or pursuant to any '.
Supplemental Declaration affecting such Lot.
(iii) Enforcement of Owner's Responsibilities. In addition to m1y other enforcement rights
nce responsibility is othe1wise assumed by or pursuant to any '.
Supplemental Declaration affecting such Lot.
(iii) Enforcement of Owner's Responsibilities. In addition to m1y other enforcement rights available to the Association, in the event of violation of m1y covenant or restriction herein by m1y Owner or occupant of any Lot and the continuance of such violation after ten (10) days' written notice thereof, or in the event the Owner or occupm1t has not proceeded with due diligence to complete appropriate repairs m1d maintenance after such notice, the Association shall have the right (but not obligation), through its agents or employees, to repair, maintain m1d restore the Lot and/or the exte1ior of the Dwelling Unit, not limited to include gutters, siding, broken windows, fencing, mowing, etc., m1d any other existing Improvements located thereon, to the extent necessmy to prevent rat infestation, diminish fire hazards, protect property values and accomplish necessmy repairs, maintenance and/or restoration. The Association may render a statement of charge to the . Owner or occupant of such Lot for the cost of such work. The Owner and occupant agree by the purchase and occupation of the Lot to pay such statement immediately upon receipt. Any m1d all related costs, including but not limited to legal fees, plus interest thereon at the maximum .rate pem1itted under the laws of the State of Texas, shall become a part of a Reimbursement Assessment payable by said Owner and payment thereof shall be secured by the lien created pursuant to this Declaration. The Association, its agents m1d employees shall not be liable, and are hereby expressly relieved from any liability, for trespass or other tort in com1ection with the performance of the
s Declaration. The Association, its agents m1d employees shall not be liable, and are hereby expressly relieved from any liability, for trespass or other tort in com1ection with the performance of the exterior maintenance and other work authorized herein.
Section 3. Pa:rtv Fences.
(i) General Rules of Law to Apply. Each fence built which shall serve and separate any two (2) adjoining Dwelling Units shall constitute a party fence and, to the extent not inconsistent with the provisions of this Section, the general rnles oflaw regarding party walls and fences and liability for property dmnage due to negligence or willful acts or omissions shall apply thereto.
341346 CMM 122154 00004 11/1/2001 14 1-" maintenance;: of a paiiy fence shall be shared by the Owners who make use of the fence in equal negligent or willD&i a,ct~ or Ofilnissfons.
I (iv) . Right to Contribution Runs. with Land. :The· tight of any Owi1er to
negligent or willD&i a,ct~ or Ofilnissfons.
I (iv) . Right to Contribution Runs. with Land. :The· tight of any Owi1er to contribution from any other owner under this Section shall be. appurtenant to the land a:nd sl1all pa~s to such owner's successor-:in-title. • ' .
. (v) Arbitration. In the eyeiit of any.dispute arising co:ri,ceming a party fence, or under the provisions of this Section, .each paify shall appo:int one (1) arbitrator. Should ·any party refuse to. appoint an arbitrator within ten (10) days after wiitten request therefor by the Board 9f ARTICLE VI.
No Partition Except as is permitted in the IDeclarationor any Supplemental Declar~tion, there shall be no judicial partition of the Common Area or anypartthereof, uor shall any Person acquiring any interest in the Properties or any part thereof seek any judicial partition unless the Properties have been removed from the provisions of this Declaration. This Aiiicle shall not be construed to prohibit the Board of Directors from acquuing and dispos:ing of tangible personal property nor from acquuing title to real property which IDCl.Y or may not be si1bject to this Declaration.
Architectural Approval Section L Architectural Control Committee. AB used :in this Declaration, the t~rm
title to real property which IDCl.Y or may not be si1bject to this Declaration.
Architectural Approval Section L Architectural Control Committee. AB used :in this Declaration, the t~rm "Architectural Control Committee" shall mean a comrirlttee oftbTee (3) members. The Board shall have the right to appoint all members of the Ar~bitectunil c;;J.i:rol Committee. Members of the 341346 CMJY.!: 122154 00004 11/1/2001 15 such term as may be designated by the Board or until resignation or removal by the Board.
Notwithstanding the foregoing, anyremoval by the Board of a member of the Architectural Control Committee must be approved in writing by the Declarant as long as Declarnnt owns one (1) or more ·Lots.
Section 2. Approval of Improvements Required. The approval oJamajority of the members of the Architectural Control Committee or the approval of the Committee Representative shall be required for any Improvement to Property on .any of the Prope1iies before commencement of construction of such Improvement to Property, other than an Improvement to Property made by Declarant.
Section 3. Address of Committee. The address of the Architectural Control C01mnittee shall be at the principal office of the Association.
Section 4. Submission of Plans. Before commencement of work to accomplish any proposed Improvement to the Property, or anymodification to any existing Improvement, the Own~r proposing to make such Improvement (or modification to an existing Improvement) to the Property (the
any proposed Improvement to the Property, or anymodification to any existing Improvement, the Own~r proposing to make such Improvement (or modification to an existing Improvement) to the Property (the "Applicant") shall submit to the Architectural Control Committee at its offices, copies of such descriptions, surveys, plot plans, drainage plans, elevation drawings, construction plans, specifications, and samples of materials and colors as the Architectural Control Committee · reasonably shall request, showing the nature, kind, shape, height, width, color, materials, and location of the proposed ll.i.1provement to Property, as may be more particularly described from time to-tin1e in any minimum construction standards and/or architectural guidelines adopted by the Architectural Control C01mnittee (the "Architectural Guidelines"). The Architectural Control Committee may require submission of additional plans, specifications, or other infonnation before approving or disapproving th~ proposed Ilnprovement to Property. Until receipt by the Architectural Control Committee of all required materials in connection with the proposed fo1provement to Property, the Architectural Control Committee may postpone review of anymaterials submitted for approval.
Section 5. Crite1ia for Approval. The Architectural Control Connnittee shall approve any proposed Ilnprovement to Prope1iy only if it detennines in its reasonable discretion that the · Improven1.ent to Prope1iy in the location indicated will not be detrimental to the appearance of the surrounding areas of the Properties as a whole; that the appearance of the proposed Improvement to Property will be in harmony with the surrounding areas of the Ptoperties, including, without
e of the surrounding areas of the Properties as a whole; that the appearance of the proposed Improvement to Property will be in harmony with the surrounding areas of the Ptoperties, including, without limitation, quality and color of materials and location with respect to topography and finished grade · elevation; that the I111provement to Property will comply with the provisions of this Declaration and any applicable plat, ordinance, governmental rule, or regulation; that the foi.provements to Property ·will not detract from the beauty, wholesomeness, and attractiveness of the Property or the enjoyment thereof by Owners; and that the upkeep and maintenance of the proposed Improvement to Property will not become a burd~n on the Association. The Architectural Control Committee is specifically 341346 CMM 122154 00004 11/112001 16 granted the authmityto disapprove proposed Improvements because ofthe~mique characteristics or con:figuiation of the Lot on which the proposed Improvement would otherwise be constrncted, even though the same or a similar type of Improvement might or would be approved for construction on Improvement to Property upon the making of such chfil1ges thereto as the Architectural Control .. ~- .
Section 6. Architech~al Guidelines. The.Architectmal Control Committee from time; to time may supplement or amend the Architectural Guidelines. The Architectural Guidelines serve as a guideline only fil1d the Architectmal- Control Committee may impose other requirements in connection with its review of any proposed.Improvements. If the.Architectural Guidelines impose
nes serve as a guideline only fil1d the Architectmal- Control Committee may impose other requirements in connection with its review of any proposed.Improvements. If the.Architectural Guidelines impose requirements that fil·e more sb.ingent than the provisions of this :peclara,tion,.the provisions of fi1e Section 7 .. Decision of Committee. The decision of the Architectural Control Committee shall be made within forty-five ( 45) days afterreceipt by the Architectural Control Committee of all mate1ials required by the Architectural Control Committee. The decision shall be in writing and, if the decision is not to approve a proposed Improvement to Property, the reasons therefor shall be stated. The decision of the .Architectural Control Committee promptly shall be transmitted to the Applicant at the address fi.m:iished by the Applicant to the Architectmal Control Committee. The Owner, however, is responsible tmder all circmnstauces to confo1m to the provisions of these restrictions :in their entirety. . · Section 8. Faih~e of Committee to Act on Plru1s. Any request for approval of a proposed Improven1.ent to Property shall be deemed approved by the Architectural Control Committee, unless tb.e Arcbitectmal Control Committee within forty-five (45) days after the date of receipt by the Architectural Control Committee of all required materials; provided, however, that no such deemed approval shall operate to permit ru1y Owner to construct or maintain any Improvement ,to Property that violates any provision of this Declaration or the Architectural _Guidelines. The Architectural
ed approval shall operate to permit ru1y Owner to construct or maintain any Improvement ,to Property that violates any provision of this Declaration or the Architectural _Guidelines. The Architectural Control Committee shall at all times retain the right to object to any Improvementto Property that violates any provision of this Declaration .or the Architectmal Guidelines. · Section 9. Prosecution of Work After Approval. After approval of filly proposed Improvement to Property, the proposed Improvement to Property shall be accomplished as promptly to Property :in the materials submitted to the Architectural ContJ.·ol Committee. Failme to complete the proposed Improvement to Prope1iy within nfue (9) months after the date of approval or such other pe1i.od of time as shall have been designated in writing by the Architectural Control Committee (unless fill extension has been granted by the Architectural Control Committee in writing) or to complete the Improvement. to Property -in strict conformity with the description filld mate1ials furnished to the Architectural Control Con:nilittee, shall operate au!omaticallyto revoke the approval by the.Architectural Conti·ol Committee oftheproposedlmprovementto Property. No Improvement 341346 CMM 122154 00004 11/1/2001 17 • to Property shall be deemed completed until the exterior fascia and trim on the structure.have been applied and finished and all construction materials and debris have been cleaned up and removed from the site and all rooms in the Dwelling Unit, other than attics, have been finished. Removal of materials and debris shall not take in excess of thirty (30) days following completion of the exterior.
m the site and all rooms in the Dwelling Unit, other than attics, have been finished. Removal of materials and debris shall not take in excess of thirty (30) days following completion of the exterior.
Section 10. Inspection of Work. The Architectural Control Committee or its duly authorized representative shall have the right, but not the obligation, to inspect any Improvement to Property before or after completion.
Section 11. Notice of Noncompliance:=ff, as a result of inspections or otherwise, the Architectural Control Committee finds that any Improvement to Property has been constrncted or undertak:en without obtaining the approval of the Architectural Control Committee, or has been completed other than in stiict conformity with the description and materials furnished by the Owner to the Architectural Control Committee, or has not been completed within the required time period after the date"of approval by the Architectural Control Committee, the Architectural Conti-ol Commi:ttee shall notify the Owner in writing of the noncompliance ("Notice of Noncompliance").
The Notice of Noncompliance shall specify the particulars of the noncompliance and shall require the Owner to take such action as may be necessary to remedy or remove the noncompliance within the period of time set forth therein.
Section 12. Correction ofNoncompliance. If the Architectural Conti-al Committee finds that a noncompliance continues to exist after such time within which the Owner was to remedy the . noncompliance as set forth in the Notice of Noncompliance, the Association may, at its optioi1 but with no obligation to do so, (a) record a Notice of Noncompliance against the Lot on which the .noncompliance exists in the Office of the County Clerk of Denton County, Texas; (b) remove the
tioi1 but with no obligation to do so, (a) record a Notice of Noncompliance against the Lot on which the .noncompliance exists in the Office of the County Clerk of Denton County, Texas; (b) remove the noncomplying Improvement to Property; andJor ( c) otherwise remedy the noncompliance (including, if applicable, completion of the Improvement in question), and, if the Board elects to take any action with respect to such violation, the Owner shall reimburse the Association upon demand for all expenses incurred therewith. If such expenses are not promptly repaid by the Owner to the · Association, the Board may levy a Reimbursement Assessment for such costs and expenses against the Ownei-of the Lot in question. The pennissive (but not mandatory) right of the Association to remedy or remove any noncompliance (it being understood that no Owner may require the Association to ·take such action) shall be in addition to all other rights and remedies that the Association may have at law, in equity, under this Declaration, or otherwise.
. ' Section 13. No Implied Waiver or Estoppel. No action or failure to act by the Architectural Control Committee shall constitute a waiver or estoppel with respect to future acti01i by the Architectural Control Committee or the Board of Directors, with respect to any Improvement to Property. Specifically, the approval by the Architectural Control Committee of any Improvement to · Property shall not be deemed a waiver of any right or an estoppel against withholding approval or consent for any similar Improvement to Property or any similai; proposals, plans, specifications, or other materials submitted with respect to any other Improvement to Property by such Person or otherwise.
341346 CMM 122154 00004 11/1/2001 18
perty or any similai; proposals, plans, specifications, or other materials submitted with respect to any other Improvement to Property by such Person or otherwise.
341346 CMM 122154 00004 11/1/2001 18 Section 14. Power to Grant Variances. The Architectural Control Committee may authmize variailces from compliance with any of the provisions of Article VIII of this Declaration (except for the.provisions relating to single family residential constmction and use), includingrestiictions upon . placement of structures, the time for completion of construction of any Improvement to Property, or similar rest1ictions, when circumstances such as topography, natural obstructions, hardship, aesthetic, environm,ental, or other relevant considerations may require. Such variances must be evidenced in wiiting and shall become effective when signed by at least a majority of the members of the Architectmal Control Committee. If any such vaiiance is granted, no violation of the provisions of this Decl,aration shall be deemed to have occurred with respect to the matter for which the vaiiauce was granted; provided, however, that th.e granting of a variance shall not operate to waive any of the provisions of this Declaration for any purpose except as to the paiiicular prope1iy.
and particulai· provision hereof covered by the vaiiance, nor shall the granting of any variance affect the jmisdiction of the Architectural C.ontrol Committee other than with respe~t to the subject matter of the vai-iai1ce, nor shall the granting of a.variance affect in any way the Owner's obligation to Section ,15. Compensation of Architectural Control Committee. The members of the
in any way the Owner's obligation to Section ,15. Compensation of Architectural Control Committee. The members of the ArchitectUral Control Committee shall be entitled to reimbursement by the Association for reasonable expenses incurred by them in the perfonnance of their duties hereunder as the Board from time to time may authorize or approve. ' .
Section 16. Delegation of Authoritv. It is understood that the Arcbitectmal Control Committee may delegate all or part of its authmity herern1derto review the documents submitted to it and that the Architectmal Control Committee may retain the services of ai~cbitects, engineers and others (and Owners shall pay all fees) from time to time for the pmpose of reviewing such documents and malting recommendations as to approval, disapprpval or modification thereof.
Section 17. Authmityto Charge Fees .. The Architectural Control.Committee may charge and collect a reasonable fee for processing au application submitted to the Arcbitectural Control Committee for appToval. Such chai·ges shall be payal)le at the time and place and in the manner presc1i.bed by the Arshitectural Control Coillm:ittee. The A.rchitectmal Control Committee also may charge and collect such other fees or deposits as are reasonable and necessary. All fees ai1d deposits Section 18. Non-liability for Architectural Control Committee Action. None of the members of the Architectural Control Committee, the Association, any member of the Board ofDirectois, or Declarant shall be liable for any loss, damage, or injury ai·ising out of or in any way connected with
of the Architectural Control Committee, the Association, any member of the Board ofDirectois, or Declarant shall be liable for any loss, damage, or injury ai·ising out of or in any way connected with the perfonnance of the duties of the Architectural Control Committee. In reviewing any matter, the Architectural Contra 1 Committee shall not be responsible for reviewing, nor shall its approval of an Improvement to Property be deemed approval qf the Improvement to Property from the standpoint of. safety, whether structural or otherwise, or collforrnance with building codes, or other governmental laws or reg1ilations. Furthermore, none of the members of the Architectural Control Committee, any member of the Board of Directors, or Declarai1t shall be personally liable for debts 341346 CMM 122154 00004 1111/2001 19 of the Association, or for a tort of another ofsucnin'.dividuals, whether such other individuals were acting on behalf of the Association, the Architectural Control Corri±nittee, the Board of Directors, or otherwise. Finally, .neither Declarant, the Association, the Board, the Architectural Control Committee, or their officers, agents, members, or employees shall be liable for any incidental or . consequential damages for failure to inspect any premises~ Improvements, or portion thereof, or for failure to repair or maintain the same.
Section 19. Construction Period Exception. During the course of actual construction of any pennitted structure or Improvement to Property,,,and provided construction is proceeding with due·
the same.
Section 19. Construction Period Exception. During the course of actual construction of any pennitted structure or Improvement to Property,,,and provided construction is proceeding with due· . diligence, the Architectural Control Committee may temporarily suspend certain provisions of this Declaration as to the Lot upon which the construction is taking place to the extent necessary to pen.nit such construction; provided, however, that during the course of any such construction, nothing shall be done that will result in a violation of any of the provisions of this Declaration upon completion of construction or that will constitute a, nuisance or unreasonable interference with the use and enjoyment of other propeiiy within. the Prope1iies.
ARTICLE VITI.
Architectural Restrictions Section 1. Dwelling Unit Size. Each one story Dwelling Unit constructed on a Lot shall contain a minimum of 1,400 square feet of living area (exclusive of porches and garages), and each n1.ulti-story Dwelling Unit shall have at least 1,000 square feet of living area on the gr01md floor, with a minimum of 1,800 square feet ofliving area.
Section 2. Height and Character of Dwelling Unit. No Dwelling Unit shall be erected, altered, or permitted to remain on any Lot other than one Dwelling Unit used for single family residential purposes only, not to exceed two and one-half (2 Yi) stories nor taller than thirty-five (35) feet in height, and a fully enclosed garage as .provided in Section 7.
Section 3. Location of Dwelling Unit. Except as may be authmized in wiiting by the Architectural Control Committee, no Dwelling Unit or Improvement shall be located nearer to the front Lot line nor nearer to any side or rear Lot line than as pern.1itted by the recorded Plat of the
e Architectural Control Committee, no Dwelling Unit or Improvement shall be located nearer to the front Lot line nor nearer to any side or rear Lot line than as pern.1itted by the recorded Plat of the Prope1iies. To provide for uniformity and property utilization of the building area within the Lots, Dwelling Units, or appurtenant structures on a Lot shall not be less than ten (10) feet from the Dwelling Unit or appurtenant structure on any contiguous Lot(s).
Section 4. Exterior Walls. No Dwelling Unit shall have less brick or equivalent masonry construction than required in the Architectural Guidelines. Any construction mate1ials used other than brick or masonry concrete must have Architeqtural Control Committee approval.
341346 CMM 122154 00004 11/112001 20 Section 5. Use of Temporary Stmchrres. No struchrre of a temporary character, whether trailer, basement, tent, shack, garage, barn, or other outbuilding shall be maintained or used on any Lot at any time as a Dwelling Unit, or for any other purpose, either temporarily or permanently; provided, however, that Declarant reserves the exclusive right to erect, place, and maintain such facilities in or upon any portion of the Property as in its sole discretion may seem necessary or convenient while selling Lots, selling or constmcting Dwelling Units, or constmcting other Improve1nents within the Property. The right to ll.se temporary strnctui-es in connection with the construction of Improvements may be assigned from time-to-time, in whole or in part, by Declarant to Builders. All permitted temporary stmctUI"es .shall be properly maintained 3:t all times.
Section 6. Drainage. No Owner of a Lot shall be pennitted to consu11ct Improvements on
n part, by Declarant to Builders. All permitted temporary stmctUI"es .shall be properly maintained 3:t all times.
Section 6. Drainage. No Owner of a Lot shall be pennitted to consu11ct Improvements on such Lot or grade such Lot or perm.it such Lot to remain li1 or be placed in suc)l condition.that surface water on such Lot drains to any other Lot or the ColJ:IQJ.on Area.
Section 7. Car:ports/Garnges. No car-ports shall be.,constructed on any Lot. With the prior written consent of the Architectural Control Committee, a.port-a-cache may be approved; however this will be req~1ired in addition to a garage. All garages shall be: (a) folly operable; (b) capable of housing at least two (2), but not more than three (3).automobiles; and, (c) enclosed by ft.~lly .:limctional and operational garage doors which must be kept in the closed position when the garage is not being used by the .Owner or occupant. The garage portion of any model home may be used by Builders for sales purposes, storage purposes, and other rel~ted purposes. Upon (or before) the sale of any such model home to the first pmchaser thereof, the garage portion of the model home shall . be converted by the Decl.arant to a fully enclosed garage capable of housing not less than two or Section.8. Roofs. Unless otherwise approved; the roof of all buildings on the Lot shall be covered with wood shingles, aluminum shingles, or fiberglass composition shingles with a life of twenty (20) years or better, or comparable to minimum specifications as defined by the Federal Housing Authmity. The color of any composition shingles shall be·ofwood tone, earthtone or in
h a life of twenty (20) years or better, or comparable to minimum specifications as defined by the Federal Housing Authmity. The color of any composition shingles shall be·ofwood tone, earthtone or in harmony with earthtones and shall be subject to wijtten approval by the Architectural Control Committee prior to installation. Al1y other type roofing material may be used only if approved in 1vriting p1ior.to installation. Additionally, to further maintain exte1ior hmn1011y, all chimneys must be finished with materials as permitted by the Architectural Guidelines.
Section 9. Sidewalks. In cmmection with the construction of any Dwelling Unit, there shall be constructed :in all adjacent street rights•of-way a concrete sidewalk four feet ( 4 ') :in vvidth and parallel to the street cl1Ib in accordance with locq.l standards and ordinances. The sidewallc shall extend the full width of the Lot. On comer Lots, the sidewalk shall extend the full width and depth of the Lot and up to the street curb at the other. The maintenance, repair and/or replacement of all sidewallcs is the responsibility of the Owner.
Section 10. Grass, Shrubbery and Landscaping. The OwnerofeachLotwithaDwell:ing Unit thereon shall solid sod with grass the area between the Dwelling Unit and the curb line(s) of the 341346 CMM 122154 00004 11/1/2001 21 • abutting street(s} All grass, plants, and shrubs shall be maintained by the Owner of the Lot. The grass, plants, shrubs and trees shall be of a type and within standards approved by the Architectural Control Committee. The landscaping requirements of the Architectural Control Committee may be revised from time-to-time. · Section 11. Dish-Type Devices and Ante1mas.
(a) Dish-Type Devices in Excess of One Meter (39 inches). No direct broadcast
nts of the Architectural Control Committee may be revised from time-to-time. · Section 11. Dish-Type Devices and Ante1mas.
(a) Dish-Type Devices in Excess of One Meter (39 inches). No direct broadcast satellites, multichannel multipoint distribution type devices and microwave broadband transmitters microwave·broadband trans111itters and receivers are refen-ed to herein collectively as ''Dish-Type Devices") which exceeds one meter (39 inches) in diameter is pennitted on any Lot.
(b) Dish-Type Devices of One Meter (39 inches) or Less, Antennas and Related Masts.
A Dish-Type Device of one meter (39 inches) or less, television broadcast antennas ("Antem1as") and related masts, are permitted to be placed on a Lot provided any such item complies with all of the below set forth minimum conditions. Further, the Association must receive Written notification at its then current address from the Owner of the applicable Lot, on or before the installation of any Dish-Type Device, Antem1a or related mast provided for in tllis Section l l(b). Such notificat~on must incl11de the type and color of the Dish-Type Device, Ante1ma and any related :i:nast to be .installed, and the method, manner, and site of installation. The site must be shown in a plot plan.
If the Owner of a Lot proposes to install a Dish-Type Device, Antenna and any related mast provided for in this Section 11 (b) in anymam1er whatsoever wllich does not st1ictly comply with the below set forth minimum conditions, such Owner must submit an application to the Architectural Control Committee and obtain the wiitten approval of the Arcllitectural Control Conmuttee piior to
th the below set forth minimum conditions, such Owner must submit an application to the Architectural Control Committee and obtain the wiitten approval of the Arcllitectural Control Conmuttee piior to commencing such installation. In com1ection with the Arclutectural Control Committee's· decision, the Arclutectural Control Committee shall consider such factors as it deems approp1iate, in its reasonable discretion. The application to the Architechrral Control Committee must be made on a fo1111 approved by the Arcllitectural Control Committee and contain such information as may ·be required by the Arclutechrral Control Committee, including a statement wllich.specifically desc1ibes the manner in which it is proposed that such Dish-Type Device, Ante1ma and related mast will vary from such minimum conditions. The Architectural Control Committee shall endeavor to make its decision regarding the proposed Dish-Type Device, Ante1ma and any related mast on an expedited basis within seven (7) days after receipt by the Architectural Control Committee of the completed application and all information required therein. The granting of a vaiiance from such minimum conditions shall in no way affect the Owner's obligation to comply with all governmental laws ai1d regulations and other regulations affecting the Lot concerned. · (c) Minimum Conditions.
In addition to the foregoing requirements, no Dish-Type Device, Antenna, or any related mast shall be erected, constructed, placed, or permitted to remain on any Lot unless such installation 341346 CMM 122154 00004 111112001 22 / strictly complies with the following minimum conditions (however, each Miniinum Condition shall
on any Lot unless such installation 341346 CMM 122154 00004 111112001 22 / strictly complies with the following minimum conditions (however, each Miniinum Condition shall not apply if it unreasonably delays installation ofthe applicable Dish-Type Device, Antenna, and any related mast, or unreasonably mcreases the cost of such items or their installation, or precludes reception of an acceptable quality signal): : a. The Dish-Type bevice, Antenna and any :inast must be located to the rear . one-half (1/2) of the Lot and. must serve. only :improvements on the partic~1lar Lot ill which it is located.
b. To the extent feasible, the Dish-Type Device, AntelJlla and any mast, including its base and anchoring strncture, shall not extend above the roo:lline of the hous·e located on the Lot and shall not be visible from the frontage street or any adj oin.ll1g street.
c. To the extent feasible, no Dish-Type Device, Antem1a or mast shall be constructed or placed or permitted to remain on any utility easement d. The Dish-Type Devic~, Antenna and any mast must be securely mounted to a base, so as to be able to withstand the effects of high winds or other extraordinary weather conditions; however, no guy wires or . similar mmmting apparatus will be·allowed.
e. . No advertising slogans, logos, bamers, signs or any other printing or J.llustration whatsoever shall be pemutted upon or be attached to th~ Dish-Type Device, Ante1ma or mast.
f No Dish-Type Device or .AJ.1tenna shall ever be used to send · or receive any ham r(ldio signal.
g. No Dish-Type Device or AntelJlla shall be permitted to cause any distmiion or interference whatsoever with respect to any other electronic device in the subdivision.
receive any ham r(ldio signal.
g. No Dish-Type Device or AntelJlla shall be permitted to cause any distmiion or interference whatsoever with respect to any other electronic device in the subdivision.
h. The Dish-Type Device or Antenna and any mast shall be one solid color only, either white .or black or shades of either brown, gray or tan.
i. Ai1y Dish-Type Device, Antenna or related mast installed here1mder shall be installed in a manner that complies with all applicable laws anP. regulations and manufacturer's instructions.
j. If any provision of this Section 11 is rnled invalid, the remainder of this Section 11 shall remain in full force and effect.
341346 CMM 122154 00004 11/1/2001 23 Section 12. Flagpoles. No free standing flagpole shall be permanently erected on any Lot. \ A temporary flagpole approved by the Architectural .Control Comm.itt~e may be erected on a Lot · with a model home until such time that the Lot on which the model home is situated is sold.
Section 13. Private Utility Lines. All electrical, telephone and other utility lines and facilities which are located on a Lot and which are not owned and maintained by a governmental entity or a public utility company .shall be installed in underground conduits or other underground facilities unless otherwise approved in writing by the Architectural Control Committee, and shall be maintained at all times by the Owner of the Lot JJ..J29n which it is located.
Section 14. Exterior Lighting. No exterior lighting may shed light onto other Properties or into residential dwellings in such a manner that creates a nuisance.
Section 15. Sound Devices. No extemalhoms, whistles, bells, or other sound devices, except ·for security systems used exclusively to protect the Dwelling Unit, shall be placed or used on any
nuisance.
Section 15. Sound Devices. No extemalhoms, whistles, bells, or other sound devices, except ·for security systems used exclusively to protect the Dwelling Unit, shall be placed or used on any Lot or Improvements. This paragraph shall not preclude the use of outdoor speakers for hi-fis, stereos, or radios if the sound level is maintained at a reasonably low level with respect to adjoining prope1iy, Section 16. Window Treatment.No window in any Dwelling Unit or other Improvement that is visible from any other Lot or a street may be covered with any aluminum foil or other reflective material. Window cove1ings must be compatible with the design of the Dwelling Unit and the overall appearance of the Properties and from the exterior must be n~eutral or whjte if visible from the street.
The Architectural Control Committee shall have the sole authority to detemune whether particular window coverings are compatible with the design and color of the Dwelling U11it and the overall appearance of the Properties.
Section 17. Air Conditioners. No window, roof or wall-type air conditioner that is visible from any street or any other Lot, shall be used, placed or maintained on or in any Dwelling U1ut, garage or other Improvement.
Sectfon 18. Pools. No above-ground swimming pools shall be erected, constrncted or installed on any Lot.
Section 19. Tents, Mobile Homes and Temporary Structures. Except as may be permitted by the Architectural Control Committee dming initial construction within the Properties, no tent, shack, mo bile home, or other structure of a temporary nature shall be placed upon a Lot or any part of the Properties. The foregoing prohibition shall not apply to restrict the construction or installation
mo bile home, or other structure of a temporary nature shall be placed upon a Lot or any part of the Properties. The foregoing prohibition shall not apply to restrict the construction or installation of a single utility or similar outbuilding to be permanently located on a Lot, provided it receives the prior approval of the Arclutec.tural Control Comnutlee, as appropriate, in accordance with Article VII hereof. All pemutted structures shall be properly maintained at all tin1es and positioned on the Lot so as to not, be visible from the fronting street and/or side street in the event of a comer lot.
341346 CMM 122154 00004 1111/2001 24 . .
. Additionally, all pemutted structures shail·be limited to a maxilntun height of eight (8') .feet at the center line of said roof, and shall be no more than. one h1mdrnd twenty feet (120') of floor space.
special events with prior written ap#roval ofthe,~pfU,'q. .; .. '.' . . . .
in .
. .':1 purposes of natural flow of wate:i,tromy. Nb obstrnct10ns or debns shall be placeq :m, tlwse ~1.reas.
easement across the. Properties for the purpbf:!e qij.1ltering drainage au.~ v,vater flow. No OwiWi' or
Section 21. Sight Distance at fotersections. Ai} pt1,1perty located at street fute:rsections shall . be la:iadscaped so as to permit safe sight across the street CBrners. No fence, wall, lw4ge, qr shrub pianting shall be placed or pennitted to remain where it would create a traffic or sight ptoblern.
vegetation, peimanent flagpoles ortempora1y flagpoles shall 'tie·pem:ritted on the exterior of any pmiion of the Properties.No exteriorsculp):me, fountains, flags ffi1d temporary flagpoles, birdhouses, birdbaths,. other decorative embellishments or similar items shall be pennitted mliess approved in accordance wjth.Article VII of this Declaration. No such decorative embellishment or similar items shall be permitted on the front portic1n bf filly Lot or yard. Howevet, notwithstanding the foregoing, flags m01mted on the front of the prini.hl5i dwelling with a bracket shall be allowed for one (1) week before a nationally recognized holiday and one (1) week after such110liday onlv.
pcniitf ou~4 pµ 'tlte Lot so as not to be v:isible from any street Any playg;ro1md or other play areas or the i1ser, and the Association shall not 1!e held liable to any Person for ~)lclaim, damage, or injmy
the i1ser, and the Association shall not 1!e held liable to any Person for ~)lclaim, damage, or injmy SeQtiPn 24. W~ls, Fences a.tin Hmges. No hedge in excess of three feet (3') in height, shall 341346 CMM 122154 00004 1111/2001 : 25 • Properties. It is the intent to maintain visual continuity especially along entryways and/or main thoroughfares and/or adjacent to common area properties. Title to any wall, fence, or hedge shall pass ownership with title to the Lot and it shall be the Owner's responsibility to maintain said wall,
thoroughfares and/or adjacent to common area properties. Title to any wall, fence, or hedge shall pass ownership with title to the Lot and it shall be the Owner's responsibility to maintain said wall, fence or hedge thereafter in the manner prescribed by the Association. · Sectfon 25. Exte1ior Paint. The exterior surfaces of buildings, fences or walls located in the Prope1iies shall not be painted or stained unless the Architectural Control Committee gives its prior written approval of the color of paint or stain to be used (however, notwithstanding the foregoing, such approval is not required when painting or staining with the existing color). The purpose of this covenant is to maintain hannony of the exteri'Gr paint colors of the buildings throughout the Properties. Iridescent colors or tones considered to be brilliant are not permitted. Accordingly, the Architectural Control Committee shall not be obligated to approve any color of exte1ior paint that is different from the 01iginal paint applied to the exterior of the buildings. Any perimeter fence or wall shall be maintained in its natural state.
ARTICLE IX.
Use Restrictions Sectio:o 1. General. The Properties shall be used only for residential, recreational, and related purposes (which may include, without linlitation, offices for any property manager retained by Declarant or the Association). Any Supplemental Declaration imposed on the Properties may impose str·icter standards th811 those contained in tllis Article. The Association, acting through its Board of . Directors, shall have st811ding and the power to enforce such standards.
Section 2. Single Family Residential Use. Each Owner shall use his Lot and the Dwelling
ociation, acting through its Board of . Directors, shall have st811ding and the power to enforce such standards.
Section 2. Single Family Residential Use. Each Owner shall use his Lot and the Dwelling family residential purposes" shall be deemed to specifically prohibit, by way of illustration but without limitation, the use ·of any Lot for a duplex apartment, a garage apartment or any other apartment or for any multifamily use or for 311y business, educational, church, professional or other commercial activity of any type, except that 311 Owner may use his Dwelling Unit as a personal office for a profession or occupation, provided: (a) the public is not invited, permitted, or allowed to enter the Dwelling Unit or any structure or Improvement upon such Lot and conduct business therein; (b) no signs advertising such profession or business are permitted; ( c) no on-site employees are permitted; (d) no offensive activity or condition, noise, odor, or traffic (vehicular or pedestrian) is generated and ( e) such use in all respects complies with the laws of the State of Texas, any applicable mdinances, and the laws, rules, and regulations of any regulatory body .or governmental agency having authority and jurisdiction over such matters. The term "single f31nily residential purposes" shall also be defined as: (a) one or more persons related by blood, m31Tiage or adoption, which may include only parents, their children (including foster children.and wards), their dependent brothers and sisters, their grandparents and domestic servants; and (b) no more than two unrelated persons
y include only parents, their children (including foster children.and wards), their dependent brothers and sisters, their grandparents and domestic servants; and (b) no more than two unrelated persons living together as a single housekeeping unit and their children (including foster children 311.d wards), their dependent brothers or sisters, their grandparents 311d their domestic servants.
341346 CMM 122154 00004 11/1/2001 26 Section 3. Occupants Bound. All provisions oftJ.ie Declaration, By-Laws and of any Rules and Regulations. or use restrictions promulgated pursuant thereto which govern the conduct of Owners shall also apply to all occupants, guests and invitees of any Lot. Every Owner sh~ll cause Regulations adopted pursi1ant thereto, and shall be responsible for all violations and losses to the Common Areas caused by such occupants, notwithstanding the fact that such occupants of a Lot are fully liable m1d may be sanctioned for any violation.of tµe Declaration, By-Laws, and Rules and Section 4. Quiet Enioyment. No portion of'the Properties shall be used, in whole 'or in part, for the storage of any property or thing that will cause it to appeai· to be in an unclean or lmtidy condition or that will be obnoxious to the eye; nor shall any structure, thing,. or mate1ial be kept upon any portion of the J,Jroperties that wiff emi.t foul or obnoxious odors or that will cause any noise or other c'ondition that will 61-might disturb the peace, quiet, safety, comfmi, or serenity of the occupants of SlUTOlmd~gproperty. No noxious, illegal, or offensive activity shall be carried on upon
or other c'ondition that will 61-might disturb the peace, quiet, safety, comfmi, or serenity of the occupants of SlUTOlmd~gproperty. No noxious, illegal, or offensive activity shall be carried on upon any p01iion of the Properties, nor shall anytlring be done thereon tending to cause embanassment, discomf01i, aruioyance, or nuisance to anyperson using anyportion of the Properties. There shall not be maintained. any plants or animals or device or thing of any sort.whose activities or existence in . anyway is noxious, dangerous, lm~ightly, unpleasant, or of a natui-e as may diminish or destroy the enjoyment of the Properiies. No outside bu.ming of wood, leaves, trash, garbage or household refuse shall be pen:nitted withili. the Properties.No speaker, horn, whistle, bell or other s01md device, except alaiJ.n devices used exclusively for security purposes, shall be .ir1stalled or operated on any Lot. The use and dischai·ge of firecrackers and other fireworks is prohibited within the Properties.
Section 5 .. Business Use. No garage sales~ mov.ir1g sales, rummage sales or similar activity (provided, however, an Owner of a Lot may have one total of the following types of sales: (i) garage, (ii) moving, (iii) rummage, of no more than one (1) full weekend during each one (1) year period of ownership) and no trade or business may be conducted in or from ai1y Lot, except that an Owner or occupant residing in a Lot may conduct business activities within the Lots Ci long as: (a) the existence or operation of the business activity is not apparent or detectable by sight, SOlmd or smell from outside the Lot; (b) the business activity confom1s to all zoning requirements for the Prop e1iie.s; ( c)
operation of the business activity is not apparent or detectable by sight, SOlmd or smell from outside the Lot; (b) the business activity confom1s to all zoning requirements for the Prop e1iie.s; ( c) the business activity does not involve persons coming onto the Prope1iies who do not reside .in the Properties or door-to-door solicitation of residents of the Properties; ai1d ( d) the business activity is consistent with the residential character of the Properties and ,does not constitute a nuisance, or a hazardous or offensive use, or threaten the secmity or safety of other residents of t11e Properiies, as may be detemrined in the sole discretion of the Board.
Section 6. Definition of "Business" and "Trade". The terms "business" and "trade", as·us.ed herein, shall be construed to have t11.eir ordinaiy, generally accepted meanings, and shall include, without limitation,' any occupation, work or .activity lmdertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider1s family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (i) such activity is engaged in full or pSJ.i-time; (ii) such activity is intended to or does generate a profit; or 341346 CMM 122154 00004 11/112001 27 8 of this Article IX shall not be considered a trade or business within the meaning of this Section.
The definition of "business" and "trade" shall not apply to any activity conducted by Declarant with respect to its development and sale of any and all Lots and Dwelling Units located thereon.
Section 7. Unsightly Qr Unkempt Conditions. It shall be the responsibility of each Owner
d by Declarant with respect to its development and sale of any and all Lots and Dwelling Units located thereon.
Section 7. Unsightly Qr Unkempt Conditions. It shall be the responsibility of each Owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. The pursuit ofhobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly,.,tllr unkempt conditions, shall not be pursued or undertaken on anypaii of the Prope1iies. Notwithstanding the above, the disassembly and assembly of motor vehicles to perform repair work shalr be permitted provided such activities are not conducted on a regular or :frequent basis, and are either conducted entirely within an enclosed garage or, if conducted outside, are begun ai1d completed within twelve (12) hours.
Section 8. Leasing of Lots.
(i) Definition. "Leasing", for purposes ofthis Declaration, is defined as tegular, exclusive occupancy of a Lot by ai1y person or persons other than the Owner for which the Owner received any consideration or benefit, including, but not limited to a fee, service, gratuity, or emolument.
,• (ii) Leasing Provisions. Lots may only be leased for single family residential purposes as defined in this Declaration. No Owner shall be permitted to lease his Lot for hotel or transient purposes, which for purposes of this Section is defined as a period ofless than thiliy (30) days. No Owner shall be pe1mitted to lease less than the entire Lot. Every such lease shall be in writing. Every such lease shall provide that the tenant shall be botmd by and subject to all of the obligations of the
hall be pe1mitted to lease less than the entire Lot. Every such lease shall be in writing. Every such lease shall provide that the tenant shall be botmd by and subject to all of the obligations of the Owner under this Declaration. The Owner making such lease shall not be relieved from any of such.
obligations. Upon the execution of a lease agreement, the Owner shall notify the Association in writing of the Owner's designated address and the name of Owner's lessee. No lessee shall be entitled to use the recreational facilities or C01mnon Area of the Association until the infonnation specified in this Section is provided to the Association in writing and the Owner further notifies the Association in writing that the Lessee has been granted the authority to use the recreational facilities and Common Area of the Association by such Owner. · The use of the Common Areas and/or recreational facilities is limited to the benefit of one (1) fan1ily per Dwelling Unit and the granting of such rights to a tenai1t excludes the right of the Owner during such period.
shall cause all occupai1ts of his or her Lot to comply with the Declaration, By-Laws, and the Rules and Regulations adopted pursuant thereto, and shall be responsible for all violations and losses to the Common Areas caused by such occupants, notwithstai1ding the fact that such occupants of a Lot are fully liable and may be sanctioned for any violation of the Declaration, By-Laws, and Rules and Regulations adopted pmsuant thereto.
341346 CMM 122154 00004 11/1/2001 28 Section 10. Laws and Ordinances. Ev~1y Ow:p.er and occupant of any Lot, their guests and
e Declaration, By-Laws, and Rules and Regulations adopted pmsuant thereto.
341346 CMM 122154 00004 11/1/2001 28 Section 10. Laws and Ordinances. Ev~1y Ow:p.er and occupant of any Lot, their guests and invitees, shall comply with .all fa.ws, statutes, ordinances and rules of federa), state and intmicipal governments applicable to the Properties and anyviolation thereof may be considered a violation of this Declaration;. provided, the Board shall have no obligation to take action to er\force such laws, statutes, ordinances and rules.
Section 11. Subdivision of Lots. Declarant hereby expressly reserves the right to rep lat any Lot or Lots owned by Declarant in accordance with all applicable subdivision and zoning regulations.
Section 12. Parking and Prohibited Vehicles. No motor Vyhicles or non-motorized vehicle, ·boat, trailer, marine craft, recreational vehicle, camper rig off of t11,1ck, hovercraft, aircraft, · machine1y, or equipment of any kind may be par:k;ed or stored on any part of any Lot, easement, or right-of-way, unless such vehicle or object is completely concealed from public view inside a garage or enclos1u-e approved by the Architectural Control Cmmp:ittee. Passenger automobiles, passenger vans, motorcycles, or pick-up trucks that: (a) are in operatllig condition; (b) have cmTent license plates and inspection stickers; ( c) are in daily use as motor vehicles on the streets and highways of the State of Texas; (d) which do not exceed six: feet six inches (6'6") in height, or eight feet(8') in width, or twenty-four feet (24') in length; and ( e) have no commercial advertising located thereon, may be parked in the driveway on a Lot, however, no vehicle shall be parked so as to obstruct or
in width, or twenty-four feet (24') in length; and ( e) have no commercial advertising located thereon, may be parked in the driveway on a Lot, however, no vehicle shall be parked so as to obstruct or block a sidewalk or upon any portion of the grassedari;:as'oryard. No vehicle maybe reparred on a Lot tu1less the vehicle being repaired is concealed .from view inside a garage or other approved enclosure. This restriction shaUnot apply to any vehicle, machinery, or equipment temporarily parked and in use for the construction, repair or maintenance of a house or houses in the ll:mnediate vicinity; provided, however, Owners or occupants of Lots may seek a temporary vmiance from this restriction for' their guests; however, any such request for a variance must receive the prior approval additi911al Rules and Regulations regulating pmicing on the streets in the Prope1iies.
Section 13. No Hazm·dous Activities. No activity shall be conducted on and no . Improvements shall be constructed on any prope1iy within the Prope1iies that is or might be ·tmsafe orhazm·dous to any person or property. Without limiting the generality of the foregoing, no fiream1s shall be dischm·ged upon anyprope1iy and no open fires shall be lighted orpennitted on anyproperty except in a contained barbecue unit while attended and in use for cooki,ng PlliPOses or within a safe and well-designed interior or exterior :fu-eplace.
Section 14. On-Site Fuel Storage. No on-site storage of gasoline, heating or other fuels shall · be permitted on any part of the Prope1iies except that up to five (5) gallons of fuel may be stored on
Section 14. On-Site Fuel Storage. No on-site storage of gasoline, heating or other fuels shall · be permitted on any part of the Prope1iies except that up to five (5) gallons of fuel may be stored on each Lot for emergencypmposes and operation oflawnmowers and similar tools of equipment, m1d the Association shall be pennitted to store fuel for operation of maintenance vehicles, gene1·ators and similar equipment. · . . .
341346 CMM 122154 00004 11/1/2001 29 Section 15. Removal of Trash and Debris During ConstructiOn. During the construction, repair, and restoration or remodeling of Improvements; each Owner shall remove arid haul (or cause · l to be removed and hauled) from the Lot all tree stumps, tree limbs, branches, underbrush, and all other trash or rubbish cleared from the Lot to permit construction of the Improvements, including landscaping. No burning of trash or other debris is permitted on any Lot, and no materials or trash hauled away from any Lot may be placed elsewhere within the Properties, unless approved in writing by the Architectural Control Committee. Additionally, each Owner, during construction or remodeling of the Improvements, shall continuously keep (or cause to be kept) the Lot in a reasonably clean and organized condition, Papers, rubbish, trash, scrap, and unusable building materials are to be kept, picked up, and hauleQJJom the Lot on a regular basis. Other useable building materials are to be kept stacked and organized in a reasonable manner. No trash, materials, or dirt shall be placed in the street. Any such trash, materials, or dirt inadvertently spilling or getting into the street or street gutter shall be removed, without delay. ·
er. No trash, materials, or dirt shall be placed in the street. Any such trash, materials, or dirt inadvertently spilling or getting into the street or street gutter shall be removed, without delay. · Section 16. Lighting. Except for traditional holiday decorative lights, wlq.ich may be displayed for one (1) month prior to and one (1) month ,after any commonly recognized holiday for which such lights are traditionally displayed, all exte1ior lights must be approved in accordance with Article VII of this Declaration. · Section 17. Excavation and Tree Removal. The digging of dirt or the removal of any dhi from any Lot is expressly prohibited except as may be necessary in conjunction with th~ landscaping of or construction on such Lot. No trees shall be cut or removed except to p1:ovide room for construction ofirnprovements or to remove dead or unsightly trees; provided, however, that removal of any tree in excess of a four ~nch ( 4") caliper requires the approval of the Architectural Control Committee and the replacement, one for one, of such tree with a tree of equal or greater caliper. Any void, depression or hole created by the removal of dirt or a tree must be filled in accordance with the requirements of the Architectural Control Committee ..
Section 18. Damage or Destruction of Improvements. Owners are bound and obligated· through the purchase of a Lot to maintain the Lot and all Improvements ther~on in a neat and habitable manner. In the event of damage to any Improvement, the Owner shall have the shorter of the period pennitted by applicable laws or sixty (60) days to begin repairing or demolishing the destroyed or damaged portion, and, once thnely commenced, such repairs or demolition. must be
horter of the period pennitted by applicable laws or sixty (60) days to begin repairing or demolishing the destroyed or damaged portion, and, once thnely commenced, such repairs or demolition. must be pursued diligently to completion. If, however, damage to the Improvements is not covered by insurance, or if the Owner's claim is not approved by the Owner's insurance company, or if the Owner decides not to restore the In1provements at such time, then the Owner may apply for a "hardship" extension to the operation of this restriction to be submitted to the Board within sixty (60) days from the date of such destruction or damage. The Board shall rule on the Owner's application for a "hardship" extension within thirty (30) days from the date of submissiqn. In no event shall the granting of a "hardship" extension in a particular case be deemed a waiver of the right to enforce this restriction thereafter. If a hardship extension is granted, the Owner thereafter in1IDediately shall cause the damaged or destroyed Improvement to be demolished and the Lot to be suitably landscaped, subject to. the approval of the Architectural Control Committee, so· as to present a pleasing and 341346 CMM 122154 00004 11/1/2001 30 j:]r attractive appearance. Such Lot will be properly mowed, cleaned and maintained after the removal of such Impr<?vement.
Section 19. Restrictions on Garbage and Trash. No refuse, garbage, trash, Imber, grass, slnub or tree clippings, plant waste, compost, me~al, bulk materials, scrap, refuse, or deb1is of any kind shall be kept, ·stored, or allowed to accmulate on any Lot except within an enclosed container of a type, size and style approved by the Board and appropriately screened from view, except that
ny kind shall be kept, ·stored, or allowed to accmulate on any Lot except within an enclosed container of a type, size and style approved by the Board and appropriately screened from view, except that any such container may be placed in a designated area for garbage or trash pickup no earlier than six o'clock p .111. on the day preceding trash pickup of such garbage and trash and shall be returned to an enclosed structure or an area appropriately screened from view no later than midnight of the day of Section 20. Clothes Drying. No outside clothesline or other outside facilities for drying or ailing clothes shall be erected, placed or maintained on any Lot if visible from any other Lot, nor shall clothing or household fabric or any other aiiicle be hung, d1ied or aired.on any Lot in sl!ich a Section 21. Animals. No animals ofany kind shall be raised, bred, or kept on any Lot except as hereinafter provided. No mar~ thai1 a total of four ( 4) animals which are over six (6) months old and which fall rn1der the classification of dog, cat, or other typical household pet may be kept,. on a Lot provided that nci Owner may raise, bred or keep more than two (2) aiiimals of each such classification of animal (i.e. 2 dogs and 2 cats ai·e allowed; but 3 dogs and 1 cat are not allowed) and provided that: (a) they are not kept, .bred, or maintained for c01nn':J.ercial purposes; (b) they do not malce objectionable noises, create ai1y objectionable odor, or otherwise constitute ai1 imrnasonable nuisance to other Owners; ( c) they are kept within the Dwelling Unit, an enclosed yard on the Lot
malce objectionable noises, create ai1y objectionable odor, or otherwise constitute ai1 imrnasonable nuisance to other Owners; ( c) they are kept within the Dwelling Unit, an enclosed yard on the Lot occupied by the Owner of such pets, or on a leash being held by a Person capable of controlling the aiiinial or othe1wise lmder the control of a Person capable of controlling the animal; and ( d) they are not in violation of any other provision of this Declaration· and such limitations as may be set f01ih in the Rules and Regulations. Notwithstanding the foregoing, there shall be no ma...'Cimum limit on the number of fish of a type customai1ly kept witlnn norrrial home aquaiirnns. The Associati01i., acting through the Board, shall have the iight to prohibit maintenance of any animal that, ii1 the sole op.inion of the Board, is not being maintained in accordance with the foregoing restrictions. Each Owner, tenant, or guest of an Owner shall have the absolute duty and responsibility to clean up after such animals to the extent they have used ai1yportion of the Lot of another Owner or Common Area.
Section22. Sims and Billboards. No signs, billboards, posters or adve1iising devices of ai1y character shall be erected, pennitted or maintained on any Lot except one (1) sign of not more than five (5) squai·e feet which is used to: (a) adve1iise the property for sale or lease; (b) identify the builder or contractor while construction is in progress on such Lot;. or ( c) ·promote a political candidate, paiiy or issue for a two (2) week period staiiing no earlier than two (2) weeks prior to the date of the election or referendum and which must be removed no later than the day after the date
andidate, paiiy or issue for a two (2) week period staiiing no earlier than two (2) weeks prior to the date of the election or referendum and which must be removed no later than the day after the date of the election or referendum. -Additionally, the right is reserved by Declarant to construct and maintain signs, billboards, and advertising devices as is customary in connection with the sale. of 341346 CMM 122154 00004 1111/2001 31 newly constructed Dwelling Units. lJe1cJB:1'an.1t 8.IJ[d identifying signs at each entrance to the Properties. In no event any sign, billboard, poster or advertising device of any character, other than as specifically prescribed in the first sentence of th.is S1ection be erected, permitted or maintained on any Lot without the express prior written consent of the Architectural Control Committee. The Association shall have the right to enter any Lot and remove any sign, Billboard, poster or advertising device which is not pennitted by this Section and in so doing will not be subject to any liability for trespassing or other tort in connection therewith or arising from such remoyal.
Section 23. Oil and Mining Operations~o oil chilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall any walls', tanks, tmmels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained or pemutted upon any Lot.
Section 24. · Treatment Facilities. No Lot shall be used for the operation of a boarding ot rooming house, a Dwelling Unit for transients, a "group home", "family home", "community home",
pon any Lot.
Section 24. · Treatment Facilities. No Lot shall be used for the operation of a boarding ot rooming house, a Dwelling Unit for transients, a "group home", "family home", "community home", "half-way house", day-care center, rehabilitation center, treatment facility, or Dwelling Unit of unrelated individuals who are engaging in, undertaking, or participating in any group living, rehabilitation, treatment, therapy, or training with respect to previous or· continuing criminal activities or convictions, allegedmiminal activities, alcohol or drug dependency, physical or mental handicap, or illness, or other similar matters, unless otherwise allowed by the terms of any law specifically negating the provisions ofrestiictive covenants prohibiting same.
ARTICLEX.
Covenants for Assessments Section 1. Creation of the Lien and Personal Obligation for Assessments. The lmdersigned Owners hereby covenant, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (i) Ammal Assessments; (ii) Special Assessments; and (iii) Reimbursement Assessments.
The .Annual, Special, and Reimbursement Assessments (collectively the "Assessments"), together with interest, costs and reasonable attorney's fees, shall also be a charge on the Lot and shall be a continuing lien upon the Properties against wluch the Assessments are made. The Assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the Lot and shall be secured by a continuing lien upon the Lot against which each such assessment is made. Each such 341346 CMM 122154 00004 11/1/2001 32
asonable attorney's fees, shall be a charge on the Lot and shall be secured by a continuing lien upon the Lot against which each such assessment is made. Each such 341346 CMM 122154 00004 11/1/2001 32 assessment and other charges, together with interest, costs and reasonable attorneys' fees,· shall also be the personal obligation of the Owner of the Lot at the time when the assessments fell due and shall not be affected by any change in the ownership thereof.
Section 2. Annual Assessments.
(i) Generally. Each Lot in thePropeiiies is hereby subjected to an annual assessment(the "Annual Assessment"). The Annual Assessment will be paid by the Owner or Owners of each Lot within the Properties to the Association in advance on or before January 1 of each year. The rate at which each Lot wil~ be assessed will be determined annually and may be adjusted from year to year.
by the Association, as hereinafter provided, or as the needs for the Prope1iies may, in the judgment of the Association, requ:ll-e. The Annual As.sessment shall be assessed on a per Lot basis, except as hereinafter provided fm Declarant. .
(ii) Uses. The Association may accumulate any p01iion of the Annual Assessments for the Maintenance Fund and May use the Maintenance F1md for any pmpose provided by this Declaration, including by way of claJ.ifi.cation and not limitation, at its sole option, any or all of the following: constructing and maintaining paths, parks, landscape reserves, parkways, easements, esplanades, fences, cul-de-sac and street medians, recreational facilities, including tennis co mis, play cow.is, and other Comn1on Areas, payment of all legal and other expenses incun-ed in colJJlection with the enforcement of all charges, Assess:i.nents, covenants, restiictions and conditions affecting
cow.is, and other Comn1on Areas, payment of all legal and other expenses incun-ed in colJJlection with the enforcement of all charges, Assess:i.nents, covenants, restiictions and conditions affecting the Prope1iies, payment of all reasonable and necessary expenses in connection with the collection and administration of the Assessments, employing patrol services, instructors, and operators, caring for vacant Lots, garbage collection, and doing other things ·necessary or desirable, :iJ.1 the opnuon of the Board of Directors to keep the Prope1iies neat and in good order or which is considered of general benefit to tp.e Owners or occupants of the Properties. It is understood that the judgment of the Board of Directors in the expenditme of the Maintenance F1md shall be final and conclusive so long as said judgment is exercised in good faith. Nothing herein shall constitute areprese11tatio1i or obligation that any of the above will, in fact, be provided by the Association.
(iii) Rendition and Notice. Annual Assessments shall be payable il1 advance on or before January 1 of each year. The Board of Directors may fix the Annual Assessment at an amount not in excess of the maxnnum, and shall fix the m11ount of the Annual Assessment against each Lot by December 1 preceding the Annual Assessment period. The Annual Assessment period shall begin on January 1 of each year. Written notice of the .Aimual Assessment shall be sent to every Owner subject thereto at the address of each Lot or at such other address provided to the Association in wii ting. Aimual Assessments shall be considered delinqu.ent if not received by J anuaiy 31 of the year for which the Annual Assessment pertains.
(iv) Treatment of Lots Owned by Declarant. Those Lots which are owned by Declarant
shall be considered delinqu.ent if not received by J anuaiy 31 of the year for which the Annual Assessment pertains.
(iv) Treatment of Lots Owned by Declarant. Those Lots which are owned by Declarant shall have the option to determine whether or not to pay assessments on each Lot owned at the rate of one-half (Yi.) of the full assessment, or to ftmd. the operating deficit based upon the projected operating budget approved by the Board for the subsequent year. Declarant. must notify the 341346 CMM 122154 00004 1111/2001 33 • Association in writing on or before Octo her 31st of each c~leridat year of its intent; otherwise, each Lot owned by the Declarant will be assessed at one~half (Yi) the full rate establl.she"d by the Board.
The rate cif assessment for each Lot shall change as the character of ownership and the status of occupancy changes. The applicable Annual Assessment for each Lot shall be prorated for each calendar year according to the rate applicable for each type of ownership of the Lot during that calendar year.
Section 3. Maximum Ammal Assessments.
(i) Without Vote ofMembers. The maximum .AnD.ual Assessment for calendar year 2001 shall be in the amount of $240.00. Beginning with Annual Assessment for calendar year 2002, the maximum Annual Assessment may be increased once a year by the Board of Directors of the Association, (a) in conformity with the rise, if any, in the Consunier Price Index for Urban Wafl.e Earners and Clerical Workers published by the Depaiiment of Labor, Washington, D.C., or if discontin,ued, by any successor or cornparable index for the preceding month of September of each
f discontin,ued, by any successor or cornparable index for the preceding month of September of each . Assessment, whichever is greater, and, in either event, without a vote of the Members of the Association. In the event the Association becomes indebted to the Declarant in ai1y manner, the Board of Directors will be required to assess the Owners the maximum assessment provided for in this Sec~jon 3(a) of Aliicle X each year to provide for the repayment to the Declarai1t uritil the Declarai1t has been paid in full.
(ii) With Vote of Members. The Ammal Assessment may be increased above that allowed by Section 3(a) of this Article X, if, ai1d only if, the increase is approved by the af:fim1ative vote of two-thirds (2/3) of the total eligible votes of the Association at a meeting duly called for that purpose. In lieu of notice to and a meeting of Members as provided in the By-Laws of the Association, a door-to-door caiwas of Members eligible to vote may be made to secure the required two-thirds (2/3) approval. Voting may also be handled by mail ballot as long as the ballots contain the name, property address, ce1iification by the Secretary of the Association, alternate address of the Member, if applicable, and the date and signature of the Member. Ballots may be returned by U.S.
mail in envelopes specifically marked as containing ballots for the election, or may be collected by door-to-door canvas.
(iii) Recordation of Increase of Annual Assessment. Upon the increase of the maximum Almual Assessment pursuant to the provisions of Section 3(b) of Article X, the Association shall cause to be recorded in the Office of the County Clerk of Denton County, Texas, a sworn affidavit
ximum Almual Assessment pursuant to the provisions of Section 3(b) of Article X, the Association shall cause to be recorded in the Office of the County Clerk of Denton County, Texas, a sworn affidavit of the President (or any Vice President) and of the Secretary of the Association which shall certify, among other items that may be appropriate, the total number of eligible votes as of the date of the voting, the quorun1 required, the number of votes represented, the number of votes voting "for" and "against" the levy, the amount of the increased Annual Assessment so authorized, and the date by which the increased Annual Assessment must be paid to avoid being delinquent. The increase in the maximum Annual Assessment so approved shall become effective on the date specified in the 341346 CMM 122154 00004 11/1/2001 34 document evidencing such .approval,. and shall ·be filed for record in the Office of the County Clerk . of Denton County, Texas.
Section 4. Special Assessments for Capital hnprovements. In addition to the Annual Assessments; the Board of Directors may, upon the affirmative vote of two-thirds (2/3) of the total eligible votes of the Association at a meeting duly called for this purpose, levy a Special Assessment for the p1u-pose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common .AJ.·ea, including :fixtures and personal property related thereto. Voting may also be handled by mail ballot as long as the ballots contain the name, property address, certification by the Secretary of the.Association, alternate address ·of the Member, if applicable, and the date a11d signature of the Member. Ballots may be retmned by U. S.
e name, property address, certification by the Secretary of the.Association, alternate address ·of the Member, if applicable, and the date a11d signature of the Member. Ballots may be retmned by U. S.
First Class Mail in envelopes specifically marked as containing ballots for the election, or may be collected by door-to-door canvas. Upon the levying of any Special.Assessment purs1iant to the provisions of this Section, the Association shall cause to be recorded in the Office of the C01mty Clerk qfDenton County, Texas, a swam affidavit of the President or any Vice President and of the S ecretffiy of the Association which shall certify, among other items that may be approp1iate, the t9tal .
number of eligible votes of the Association as of the date of the voting, the quornm required, the munber of votes voting "For" and "Against" the Special Assessment, the amount of the Special Assessment auth01ized, and the date by which the Special Assessment must be paid in order to avoid being delinquent.
,• Notwithstanding the foregoing, if an emergency exists such that the Board of Directors detemlines that the repair of a capital improvement upon the Common .AJ.·ea is necessary to eliminate or reduce the risk of injury to.third paiiies and there is not enough money held by the Association, in reserve or otherwise, to repair the capital in1provement to reduce or eliminate this risk, the Board of Directors may levy a Special Assessment to sufficiently repair the capital improvement to reduce or eliminate such risk without the affiimative vote of two-thirds (2/3rds) of the total eligible vote of the Association.
Section 5. Notice and Ouonm1 of anv Action Authorized. The relevant provisions of the By
e such risk without the affiimative vote of two-thirds (2/3rds) of the total eligible vote of the Association.
Section 5. Notice and Ouonm1 of anv Action Authorized. The relevant provisions of the By L.aws. dealing with regular or special meetings, as the case may be, shall apply to detennine the time required for ai1d proper fonn of notice of any meeting for the purposes set f01thli1 Section 3(b) or Section 4, as applicable, of this Article X, and to ascertain the presence of a quonun at such meeting.
Section 6. Reimb1u-sement Assessments. The Board of Directors, subject to the provisions hereof, may levy a Reimbursement Assessment against any Member if the faihrre of the Member or the Member's fainily, guests, or tenants to comply. with this Declaration, the Aliicles. of Incorporation, the Bylaws, Minimum Construction Standards, or the Rules and Regulations shall have resulted in the expenditure of funds or the detennination that funds will be expended by the Association to cause such compliance. Further, any fines and/or penalties levied pmsuantto this Declaration or pursuant to the Rules.and Regulations shall be deemed Reimbursement Assessments to be collected in. the same manner as other Reimbmsement Assessments. The amount of the Reimbursement Assessment shall be due and payable to tl+e Association ten (I 0) days after notice 341346 CMM 122154 00004 1111/2001 35 to the Member of the decision of the Board of Directors that the Reimbursement Assessment is owmg.
Section 7. Estoppel/Resale Certificates. The Association shall, upon demand and for a reasonable charge, funlish a certificate signed by an officer of the Association or its agent setting · forth whether the Assessments on a specified Lot have been paid, however the Declarant shall not
reasonable charge, funlish a certificate signed by an officer of the Association or its agent setting · forth whether the Assessments on a specified Lot have been paid, however the Declarant shall not be charged for any such certificate. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance.
Section 8. Attribution of Payments. lfmJY Owner's Assessment payment is less than the amount assessed and the payment does not specify whether it should be applied against a Annual Assessment, Special Assessment, or Reimburse1nent Assessment, the payment received by the Association from the Owner shalI be credited in the following order of piiority: (a) Reimbursement Assessment until the Reimbursement Assessmenthas been satisfied; (b) Special Assessment until the Special Assessment has been satisfied; an9. ( c) Aimual Assessment lmtil the Annual Assessment has been satisfied. In each of the foregoing cases, payments received shall be credited first to interest, attorney's fees, and other costs of collection, and then to Assessment reduction, satisfying the oldest obligations first, followed by more current obligations, in accordance with the foregoing order of priority.
Section 9. Effect of Nonpayment oi°Assessments. Any of the Assessments whlch are not paid within thlrty (30) days after the due date ·shall be delinquent and shall be subject to foe following: · (i) interest at the rate of eighteen percent (18%) per ammm from the due date or the · .collection, including reasonable attorney's fees; (ii) all rights of the Owner .as a Member of the Association (but not such Owner's
wed ·by law, if less than eighteen percent (18%); and all costs of .collection, including reasonable attorney's fees; (ii) all rights of the Owner .as a Member of the Association (but not such Owner's responsibilities as a Member of the Association), incfoding usage of the Common Area, shall be automatically suspended until all Assessments and related costs are paid in full, and dming such · suspension, such Owner shall not be entitled to vote upon any matters on wllich Members are entitled to vote; and (iii) an action at law against the Owner personally obligated to pay the same, and/or foreclose on the lien herein retained a·gainst the Lot. Interest, costs of court, and reasonable attorneys' fees (when placed with an attorney for collection, whether with or without suit) incurred in any such action shall be added to the amount of such Assessment or charge.
Section 10. Contractual Lien.
(i) Generally. Assessments (together with interest, and reasonable attorney's fees if it becomes necessary for the Associati01i to enforce collection of any an1oUnt in respect of any Lot) 341346 CMM 122154 00004 11/1/2001 36 shall[Je a chai·ge on each Lot and shall be secured by a continuing lien upon each Lot against which (ii) Notice of Lien. Additional notice of the lien created by this Section may be effected by recording in the Office of the County Clerk ofDenton County, Texas, an affidavit, duly executed, sworn to and acknowledged by an officer of the Association, settirig forth the amount owed, the name of the Owner or Owners of the affected Lot, according to the books. ai1d records of the Association, and the legal description of such Lot.
(iii) Creation of Lien. Each Owner, by his acceptance of a deed to a Lot, hereby expressly
affected Lot, according to the books. ai1d records of the Association, and the legal description of such Lot.
(iii) Creation of Lien. Each Owner, by his acceptance of a deed to a Lot, hereby expressly grai1ts to the Association a lien for the purpose of securing payment of Assessments upon such Lot.
The Association, acting by ai1d through the Boai·d of Directors may, but shall not be obligated to, prepai·e and record in the Real Property Records of Denton County, Texas, a notice of such lien which will constitute further evidence of the lien for Assessments against a Lot. In addition to and ii1 connection therewith, by acceptance of tJ+e deed to his Lot, each Owner expressly GRANTS, B:ARGAINS,. SELLS and CONVEYS to tl:ie President and/or Vice President or agent of the Association from time to time serving, as Trustee (and to any substitute or successor trustee as hereinafter provided for) such OW11er's Lot, and all rights appurtenant thereto, in trust, for the pmpose of securing the Assessments levied hereunder, and other sums due hereimder remaining lmpaid hereunder from time to time. The Trustee herein designated may be changed for any reason and at any time and from tim.e to time by execution of an instrument in w1iting signed by the President or a Vice-President of the Association and attested to by the Secretaiy or 811 Assistant Secretary of the Association and filed in the Office of the County Clerk of Denton County, Texas.
(iv) Enforcement of Lien. The Association shall have the iightto enforce the aforesaid lien by all methods available for the enforcement of such liens, both judicially and by nonjudicial foreclosure pursuant to Sectimi 51.002 of the Texas Property Code (as may be amended or revised
said lien by all methods available for the enforcement of such liens, both judicially and by nonjudicial foreclosure pursuant to Sectimi 51.002 of the Texas Property Code (as may be amended or revised from time to tinie hereafter). Jn the event of the election by the Board of Directors of the Association to foreclose the lien herein provided for non-payment of sums secured by such lien, then it shall be the duty of the Trustee, or his successor, as here.inabove provided, at the request of the Board (which request shall be presumed) to enforce this-trust and to sell such request Lot, and all rights appmienant thereto in accordance with Section 51.002 of the Texas Property Code (as said statute shall read at the time of enforcement) and to make due conveyai1ce to purchase1~ or purchasers by deed binding upon the Owner or Owners of such Lot ai1d his heirs, executors, administrators and successors_ The Tmstee shall give notice of such proposed sale as required by Section 51.002 of the Texas Prope1iy Code (as said statute shall read at the time notice is given).
(v) ·Additional Matters Pertaining to Foreclosure. At any foreclosure, judicial -,or nonjudicial, the Association shall be entitled to bid up to the a111om1t of the smn secured by1ts lien, together with costs ai1d attorney's fees, and to apply as a cash credit against its bid all sums due to the Association covered by the lien foreclosed. From and after any such foreclosure the occupants of such Lot shall be required to pay a reasonable rent for the use of such Lot ai1d such occupancy -· shall constitute a tenancy-at-sufferance, and the pmchaser at such foreclosure sale shall be entitled 341346 Clv.IM 122154 0000411/1/2001 37 •
nable rent for the use of such Lot ai1d such occupancy -· shall constitute a tenancy-at-sufferance, and the pmchaser at such foreclosure sale shall be entitled 341346 Clv.IM 122154 0000411/1/2001 37 • to the appointment of a receiver to collect such rents and further, shall be entitled to sue for recovery of possession of such Lot by forcible detainer without further notice.
Section 11. Non-Use, Etc. "N"o Owner may waive or otherwise escape said lien and liability · for the assessments provided for herein by non-use of the Common Area, or abandomnent, non-use · or divestiture of ownership of a Lot for any Assessment which became due and payable during the time when such Owner owned the Lot.
Section 12. ·Exempt Portions of the Properties. All portions of the Properties dedicated to, and accepted by, a local public authority exempt from taxation by the laws of the State of Texas, and all Common Area shall be exempt from the. Assessments and other charges created herein.
Notwithstanding the foregoing, no Lot which is used, or is intended for use, as a Dwelling Unit shall be exempt from Assessments and charges and the lien herein securing~payrnent thereof.
Section 13. No Offsets. The Assessments shall be, payable in the arnoup.ts specified inthe levy thereof, and no offsets or reduction thereof shall be peITnitted for any reason ineluding, without limitation, (a) any claim that the Association or the Board of Directors is 'not properly exercising its duties. and powers under this Declaration, (b) any claim by the Owner of non-use of the Common Areas or abandonrne~1t of his Lot, ( c) any claim by the Owner of inconvenience or discomfort arising from the making ofrepairs or Improvements to Common Area, or (d) any claim by the Owner of
Common Areas or abandonrne~1t of his Lot, ( c) any claim by the Owner of inconvenience or discomfort arising from the making ofrepairs or Improvements to Common Area, or (d) any claim by the Owner of determination of the Board of Directors or for any other reason.
Section 14. Subordination of the Lien to M01igages. The lien of the Assessments provided for herein shall be subordinate to any first lien mmigages relating to the Lots or liens relating to construction upon the Lots. Sale or transfer of any Lot shall not affect the lien of the Assessment; however, the sale or transfer of any Lot pursuant to the foreclosure of a first lien mortgage or any proceeding in lieu thereof, shall extinguish the lien of the Assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for the Assessments thereafter becoming due or from the lien thereof.· A selling Owner of a Lot shall not be relieved of personal liability for any Assessments accruing on such Lot -prior to the date of sale or transfer.
ARTICLE XI.
Easements and Utilities Section 1. Title to Utility Lines. The title conveyed to any Lot within the Properties shall be subject to any easement affecting same for utility or other purposes and shall not be held or construed to include the title to the water, gas, electricity, telephone, cable television, security, storm sewer, or sanitary lines, poles, pipes, conduits, or other appurtenances or faciiities constructed upon, under, along, across, or through such utility easements. No Lot Owner shall own the pipes, wires, conduits,
nitary lines, poles, pipes, conduits, or other appurtenances or faciiities constructed upon, under, along, across, or through such utility easements. No Lot Owner shall own the pipes, wires, conduits, or other service lines running through his Lot that are used for or serve other Lots, but each Owner 341346 CMM 122154 00004 11/1/2001 38 shall have an easement to us.e Sll.Ch facilities to the extent necessary for the use, maintenance, and enjoyment of his Lot.
Section2. Association Easements. The Association, its agents, servants, and employees shall have and be entitled to all easements specifically referenced tbrnughoiltthis Declaration.
Section 3. Easements for Utilities, Etc.
(i) Generally. DeclFITant hereby reserves unto Declarant (so long as Declarant owns any portion of the Propeiiies), the Association, and the designees of each, a blanket easement upon, across, over, and lmder all of the Prope1iies of ingress, egress, installation, replacing, repailing, and .,,,. maintainil1g cable television systems, master television antenna systems, alarm.monitoring systems, and similaJ: systems, roads, waTu:ways, bicycle pathways, drainage systems, street lights, sign.age, and all utilities, includmg, but not limited to, water, sewers, meter boxes, telephones, gas, and electricity; provided, the exercise of this easement shall not unreasonably interfere with the m;e of any Lot and, except in an emergency, entry onto any Lot shall be made only after reasonable notice· to :fue Owner thereof. · . . ' (ii) Specific Easements. Should any entity furnishing a service covered by the general easement herein provided request a specific easement by separate recordable document, the Board
thereof. · . . ' (ii) Specific Easements. Should any entity furnishing a service covered by the general easement herein provided request a specific easement by separate recordable document, the Board ofD~rectors shall have the right to grant such easeme1it over the Properties without conflicting with the tem1s hereof. The easements provided for in this Article shall in no way adversely- affect any ·other recorded easement on the Prope1iies.
(iii) Dedications to Public. The Board shall have, by a two-thirds (2/3) vote, the power~o dedicate portions of the Common Area to the town of Little :ijlm, Denton County, Texas,. or to any other locat state, or federal governmental entity. · .
Section 4. Easement Regarding Electric Service Cables. Declarant hereby reserves for itself an easement for access to easement area occupied and centered on electric gompany service wires immediatelyadjacentto the Owner's Lotforthepmpose of installing, repairing, andmainta:iningthe underground service cables each Owner is obligated to furnish, i1istall, own, and maintain pirrsuant ARTICLE XII.
1.Underground Electrical Distribution Svstem Section I. Generally. An underground electrical distribution system (the "System") will be installed within that paii of the Properties which, according to the Plat, contain Lots (the "Undergrmmd Residential Subdivision). The System shall embrace all Lots in the UndergrDlmd · Residential Subdivision. The System shall consist of overhead primary feeder circuits constructed 341346 CMM 122154 00004 ll/1/2001 39
ircuits constructed 341346 CMM 122154 00004 ll/1/2001 39 pad mounted or other types of transformers, junction boxes, and such other appurtenances as shall be necessary to make underground service available to the Lots. For so long as underground service is maintained in the Underground Residential Subdivision the electric service to each Dwelling Unit shall be underground, uniform in character ai1d exclusively of the type known as single phase,.
120/240 volt, three wire, 60 cycle, alternating current.
Section 2. Owner's Responsibility. The Owner of each Lot containing aDwelling Unit shall, at his own cost, furnish, install, own, and maiiitain{all in accordance with the requirements oflocal governing authorities and the National Electric Code) the underground service cable ai1d appurtenances from the point of the electric compai1y's metering at the. structure to the point of attachment at such company's installed transformers or energized secondary junction boxes, such point of attaclnnent to be made available by the electric company at a point designated by such company at the property line of each Lot. The electric company furnishing service shall mal<:e the necessary connections at said point of attachment and at the meter. ·In addition, the Owner of each Lot containing a Dwelling Unit shall, at his own cost, furnish, install, own, and maii1tain a meter loop (in accordance with thy then current Standards and Specifications of the electiic company furnishing service) for the location and installation on the meter of such electiic company for the Dwelling Unit constructed on such Owner's Lot.
Standards and Specifications of the electiic company furnishing service) for the location and installation on the meter of such electiic company for the Dwelling Unit constructed on such Owner's Lot.
Section 3. Applicability to Reserves. The provisions of this Article XII shall also apply to any future residential development in reserve( s ), if any, shown on the Plat.
Section 4. Easement Grants. Declarai1t has either by designation on the Plat, this Declaration, or by separate instrument granted the 11.ecessary easements to the electric company providiilg for the installation, maintenance, ai1d operation of the System and has also granted to the various Owner's reciprocal easements providing for access to the area occupied by ai1d centered on the service wires of the various Owners to permit installation, repair, and maintenai~ce of each Owner's owned and installed service wires.
Section 5. Rights to Build 011 Eas'ement Area. Easements for the System may be crossed by · d1iveways and walkways provided the builder or Owner malces prior arrai1gements.with the utility approved type ai1d size under such driveways or walkways prior to construction thereof. The easement for the System shall be kept clear of all other Improvements, including buildings, patios, ·or other pavings, and. the utility company using the easements shall not be liable for any damage done by it, its assigns, agents, employees, or servants, to shrubbery, trees, or Improvements (other thai1 crossing driveways or walkways provided the conduit has been installed as outlined above) of the Owner and located on the land covered by said.easements.
341346 CMM 122154 00004 11/1/2001 40 , ) . ARTICLE XIIl.
riveways or walkways provided the conduit has been installed as outlined above) of the Owner and located on the land covered by said.easements.
341346 CMM 122154 00004 11/1/2001 40 , ) . ARTICLE XIIl.
Annexation Section 1. A1111exation. Additional residential property and Common Area may be annexed into thejurisdiction of the Association upon the favorable vote of two-thirds (2/3) of the membership votes entitled to be cast by each membership class at a meeting of tb.e Members or otherwise.
Provided, however, for so long as there is a Class 0B" membership, additional residential property or Common Area may be mlilaterally annexed by Declarant witb.out approval by Members of tb.e Association, however, if such property is not owned by Declarant, only with the coTIBent of the owner thereof. · Further, additional real property may be annexed hereto from time to time by the Board, without the consent of the Owners. Annexation of additi anal property shall encmnber said property with all of the covenants, conditions, restrictions, reservations, liens, and charges set forth in this Declaration and shall become effective on the date a Supplemental Declaration is signed and.
aclmowledgc;d by the owner of said annexed property and the appropriate annexing authority (either Declarant or the Association), is filed for record in Denton· C01mty, Texas, evidencing tb.e mmexation. Each such instrument evidencing the annexation of additional property shall desc1ibe the portion of the property comp1ising the Lots and Common Area. The ftmds resulting from any Properties maybe combined with the funds collected from the Owners of Lots within the Properties
m any Properties maybe combined with the funds collected from the Owners of Lots within the Properties and may be used for th~ benefit of all property and all.Owner.sin the manner hereinabove provided.
ARTICLE XIV; General Provisions Section 1. Duration and Amendment. The covenants, conditions, restrictions, reservations, liens, 'and charges ?et forth in.this Declaration shall 11111 with the land and shallbebinding upon and inure to the benefit of the Association, all owners, their respective legal· representatives, heirs, successors, and assigns for a temi of forty ( 40). years from the date this Declaration is filed with the County Clerk of Denton County; Texas, after which time said covenants; conditipns, restrictions, reservations, liens, and charges shall be autoniatically extended and renewed fat successive pe1iods of ten (10) years each, unless. prior to said renewal date an instrument signed by the then Owners of not less than two-thirds (2/3) of the totalmunber of Lots within the Properties is filed for record with · the County Clerk of De:q.ton County, Texas, altering, rescinding, or modifying said covenants and restrictions, in whole or in part, as of said renewal date. Notwithstanding anything to the contrary herein contained, it is expressly understood and agreed that the Owners of two-thirds (2/3) of the total number of Lots within the Properties shall always have the power and authority to ainend this Declaration and such amendment shall become effective on th~ date any instrument signed by the then ()wners of not less than two-thirds (2/3) of the total inunber of Lots within the Properties is filed
eclaration and such amendment shall become effective on th~ date any instrument signed by the then ()wners of not less than two-thirds (2/3) of the total inunber of Lots within the Properties is filed for re~ord in Denton County, Texas, so amending this Declaration. In addition, Declarant shall have the right at any time and from time-to-time, without the joinder or consent of any other :party, to anien_d this Declaration by any instrument in writing duly signed, acknowledged, and filed for record . 341346 CMM 122154 00004 11/1/2001 41 in Denton County, Texas, for the purpose of correcting any typographical or grammatical error, ambiguity, or inconsistency appearing herein, or for the purpose of complying with any statute, regulation, ordinance, resolution, or order of the Federal Housing_ Administration, the Veterans Administration, or any federal, state, county, or municipal governing body, or any agency or department thereof; provided that any such amendment shall be consistent with and in furtherance ·Of the general plan and scheme of development as evidenced by this Declaration and any Supplemental Declaration taken collectively, and shall not impair or effect the vested rights of any Owner or Mortgagee.
of this Declaration shall be unlawful, void, or voidable for violation of the rule against perjJetuities, then such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now living descendants of Elizabeth II, Queen of Englai1d.
Section 3. Cumulative Effect; Conflict. The covenants, conditions, restrictions, and provisions of this Declaration shall be cumulative with any others pertaining to.the Prope1iies (the
n of Englai1d.
Section 3. Cumulative Effect; Conflict. The covenants, conditions, restrictions, and provisions of this Declaration shall be cumulative with any others pertaining to.the Prope1iies (the "Additional Covenants") and the Association may, but shall not be required. to, enforce the covenants, conditions, and restrictions of this Declaration; and (b) the terms of the Additional Covenants, ai1d provisions of any aiiicles of incorporation, By-Laws, rules and regulations, policies, or practices adopted or carried out pursuant thereto, the Additional Covenant shall be subject and subordinate to those of this Declaration. The foregoing priorities shall apply, but not be limited to, the lien for Assessments created in favor of the Association.
Section 4. Compliance. It shall be the responsibility of each Owner or occupant of a Dwelling Unit to obtain copies of and become familiar with the tenns of the Declaration, Articles of Incorporation, Bylaws, Rules and Regulations, and Minimum Construction Standards. Every Owner of any lot shall comply with all lawful provisions ofthis Declaration, the By-Laws, and Rules . and Regulations of the Association. Failure to comply shall be grounds for an action to rncover sums due, for damages or injunctive relief, or· for any other remedy available at law or in e.quity, ·maintainable by the Association or, in a proper case, by aiiy aggrieved Lot Owner or Owners. In addition, the Association may avail itself of any ai1d all remedies provided in this Declai·ation or the By-Laws.
Section 5. Security. The Association may, but shall not be obligated to, maintain or support
on, the Association may avail itself of any ai1d all remedies provided in this Declai·ation or the By-Laws.
Section 5. Security. The Association may, but shall not be obligated to, maintain or support certain activities within the Properties designed to malce the Prop.erties safer than they otherwise might be. NEITHER THE ASSOCIATION, ITS DIRECTORS, OFFICERS, AND AGENTS, THE DECLARANT, NOR ANY SUCCESSOR DECLARANT SHALL IN ANY WAY BE CONSIDERED INSURERS OR GUARANTORS OF SECURITY WITHIN THE PROPERTIES.
NEITHER THE ASSOCIATION, THE DECLARANT,NOR ANY SUCCESSOR DECLARANT SHALL BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAIL URE TO _ . PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS. OF SECURITY MEASURES UNDER'.I' AKEN. ALL OWNERS AND OCCUPANTS OF ANY LOT, TENANTS; GUESTS, AND 341346 CMM 122154 00004 11/1/2001 42 INVITEES OF ANY OWNER, AS APPLICABLE, ACKNOYVLEDGE THAT THE ASSOCIATION AND ITS BOARD OF DIRECTORS, ITS AGENTS, DECLARANT~ OR ANY . SUCCESSORDECLARANT AND THE ARCHITECTURAL CONTROL COMMITTEE DO NOT REPRESENT OR WARRANT THAT ANYFIREPROTECTION SYSTEM, BURGLAR ALARM SYSTEM OR OTH:ER SECURITY SYSTEM DESIGNATED BY ORINSTALLED ACCORDJNG TO GUIDELJNES ESTABLISHED BY DECLARANT OR THE ARCHITECTURAL CONTROL COivilVIlTTEE MAY NOT BE COMPROMISED OR CIRCUMVENTED, THAT ANY FIRE PROTECTION OR BURGLAR ALARi\1 SYSTEMS OR OTHER SECURITY SYSTEMS WILL PREVENT LOSS BY FIRE, SMOKE, BURGLARY, THEFT,HOLD-UP, OR OTHERWISE, NOR THAT FIRE PROTECTION OR BURGLARS ALAfu'.1 SYSTEMS OR OTHER SECURITY SYSTEMS WILL IN ALL CASES PROVIDE THEDBTECTION ORPROTECTIONFOR WHICH LOT, AND EACH TENANT, GUEST AND INVITEE OF Af'{.OWNER, AS APPLICABLE, ACKNOWLEDGES AND UNDERSTANDS THAT TI{E ASSOCIATION, ITS BOARD OF
LOT, AND EACH TENANT, GUEST AND INVITEE OF Af'{.OWNER, AS APPLICABLE, ACKNOWLEDGES AND UNDERSTANDS THAT TI{E ASSOCIATION, ITS BOARD OF . DECLARJ\NT, OR ANY .$UCCESSORDECLARANT ARE NOT INSURERS AND TIIAT EACH OWNER AND OCCUPANT OF ANYDVlELtJNG UNIT AND EACH TENANT, GUEST, AND INvITEE OFANYOWNERASSUME.SALLRISKSFORLOSS ORDAMAGE TOPERSONS, TO LOTS, AND TO THE CONTENTS OF Lots, AND FURTHER ACKNOWLEDGES THAT THE ASSOCIATION, ITS BOARD OF' DIRECTORS, ITS DIRECTORS, OFFICERS AND AGENTS .. AND COJVIMITTEES, DECLARANT, ORANY SUCCESSOR DECLARANT HA VE MADE NO REPRESENTATIONS OR WARRANTIES NOR RAS ANY OWNER, OCCUPANT.
WARRANTIES,° EXPRESSED. OR. IlVIPLIED, JNCLUDING ANY WARRANTY. OF MERCHANTABILITY ORFITNESS F:ORANYP AKlTCULARPDRPOSE, RELATIVE TO ANY RECOMMENDED OR INSTALLED OR ANY SECUJµTY MEASURES UNDERT10CEN WITHI.l.\r THE PROPERTIES.
provided the transfer shall neither reduce an obligation nor enlarge a right beyond that ,contained unless it is in a wiitten instrument signed by the Declafantand duly recorded in the Office of the 1 County Clerk of Denton County, Texas. This· Section may not be amended without the express wiitten consent of Declarant
itten instrument signed by the Declafantand duly recorded in the Office of the 1 County Clerk of Denton County, Texas. This· Section may not be amended without the express wiitten consent of Declarant S-ection 7 .. Addit!onal Restrictions. Created by ]'h~se Other Than Declarant. NQ Person shall record m1y covenants,- conditions, ·and restrictions,/or declaration of condominium or similar 341346 CMM 122154 00004 1111/2001 . 43 • void and of no ·force and effect unless subsequently approved.by recorded c011kent signed by Declarant.
Section 8. Severabilitv. In the event of the invalidity or partial invalidity or partial unenforceability of any provision in this Declaration, the remainder of the Declaration shall remain in full force and ·effect.
shall include natural persons and corporations, entities and associations of every kind and character, . and the singular shall include the plural, and-v.:ice versa,. whenever and as often as may be appropriate.
Section 10. Delay in Enforcement. No delay in enforcing the provisions of this Declaration with respect to any breach or violation thereof shall impair, damage or waive the right of any party entitled to enforce the same to, obtain relief against or recover for the continuation or repetition of such breach or violation or ·any similar breach or violation thereof at any later time. . .
arty entitled to enforce the same to, obtain relief against or recover for the continuation or repetition of such breach or violation or ·any similar breach or violation thereof at any later time. . .
Section 11. Enforceability. This Declaration shall run with the Properties and shall be binding upon and inure to the benefit of and be enforceable by the Association and each Owner of a Lot in the Properties, or any portion thereof, and their respective heirs, legal representatives, successors and assigns. In the event any action to enforce this Declaration is initiated against an Owner or occupant of a Lot by the Association, the Association or other Owner, as the case may be, shall be entitled to recover reasonable attorneys' fees from the Owner or occupant of a Lot who violated this Declaration. · Secti6i1 12. Remedies. In the event any person shall violate or attempt to violate any of the provisions of the Declaration, the Association; each Owner_ of a Lot within the Properties, or any p01iion thereof, may institute and prosecute any proceedings at law or in equity to abate, preempt or enjoin m1y such violation or attempted violation or to recover monetary dm1rnges caused by such violation or attempted violation. Section 13. Violations of Law. Any violation of any federal, state, municipal, or locallaw, . otdinance, rule, or regulation, pe1iaining to the ownership, occupation, or use of m1y Lot hereby is declared to be a violation of this Declaration and shall be-subject to any and all of the enforcement procedures set forth in this Declaration.
Section 14. No Representations orWm-ranties. No representations or warranties of any kind, express or implied, shall be deemed to have been given or niade by the Association or its -agents or
aration.
Section 14. No Representations orWm-ranties. No representations or warranties of any kind, express or implied, shall be deemed to have been given or niade by the Association or its -agents or · employees in connection with anyporti01i of the Properties, or any Improvement thereon, its or their physical condition, compliance with applicable laws, fitness for intended use, or in connection with· the sale, operation, maintenance, cost of maintenm1ce, taxes, or regulation thereof, unless and except as specifically shall be set forth in writing.
· Section 15. Captions for Convenience. The-titles, headings, captions, articles and section mnnbers used in this Declaration are intended solely for convenience of reference and shall not be considered in construing any of the provisions of this'Declaration. Unless the context otherwise . req1rires, references h.erein to Articles and Sections are to articles and sections of this Declaration.
. .
Section 16. No ·cond6minilim. This Declaration does not and is not intended to create a condominium within themeaningoftl:J.e Texas Condominium Act, Tex. Prop. Code Ann. §81.001-· Section 17. Governing Law. This Declaration shall be construed. ru.1d governed under the laws ofthe State of Texas.
Section 18. Notices. Any notice required to be sent to any OWn.enmder the provisions of this Declaration shall be deemed to have been properly sent when mailed, postage pre-paid, to the lastlmown address of the person who. apperu.·s as Owner on the ;records of the Association at the time of such mailing.
Section 19. Multiple Counterpru.is. This Declaration may be executed in one or more ·
mown address of the person who. apperu.·s as Owner on the ;records of the Association at the time of such mailing.
Section 19. Multiple Counterpru.is. This Declaration may be executed in one or more · countei-p mis which take11 together shall constitute one instrument without the necessity of each p ru.iy executing the same com1terpru.i.
rn 'ViTITNESS WHEREOF, the undersigned Declarant has executed this Declaration to be; . effective as of the 1st day ofNoyember,-20Vi.
THE STATE OF TEXAS COUNTY OF DENTON KWBALLHILL TEXA~I DEVELOP:rv.IBNT,L.C., . .
Real Estate § § § by Samuel L. Wyse, Ilr, Area Vice President-:-Real Estate, . of KIMBALL HILL. TEXAS DEVELOPMENT, L.C., a Texas limited liability company, on behalf of said. company.
3<m46 CMM 122154 00004 1111/2001 . .45 LIENHOLDER'S CONSENT AND SUBORDINATION .
C.l.B. BANK, the owner and holder of a lien or liens covering the Lots has executed this Declaration to evidence its (i) consent to Declarant's execution of this Declaration; (ii) agreement to subordinate its lien or liens to the provisions of this Declaration with the same effect as if this D.eclaration had been executed, delivered, and recorded prior to the execution and recording of the agreement(s) creating the lien or liens; and (iii) agreement that notwithstanding any foreclosure pursuant to the terms of any agreement(s) creating the lien or liens, this Declaration shall continue unabated and in full force and effect.
THE STATE OF q-~ I tl:i .
COUNTY OF Cc1 o/C § § § C.I.B. BANK
uant to the terms of any agreement(s) creating the lien or liens, this Declaration shall continue unabated and in full force and effect.
THE STATE OF q-~ I tl:i .
COUNTY OF Cc1 o/C § § § C.I.B. BANK lending institution.
WHEN RECORDED, RETURN TO: Sanmel L. Wyse, ill Kimball Hill Homes 1422 W. Main Street, Suite 206 Lewisville, Texas 75067 341346 CMM 122154 00004 11/1/2001 46 ,.
' ( './"j"r'
ScµtfJ 81 degrees 20 minutes .25 seconds !;.:;:i~!, 'S7 .82 fiaet to a one half inch iron rod. set for corner; Seil.Ith 88 degrees 46 minutes 57'seconds E;;nst, 107.84 feeUo a one half inch iron rod set for com en .
North 58 degrees 48 minutes ·01 srtcdnds East; 50.00 feet to a one half .inch iron rod set for the beginning of a
minutes 22 si;;ioo9cts East, 674.97 feet to a.one· half inch iron rod setfor comet, .
North 58 degrees 48 minutes ·01 srtcdnds East; 50.00 feet to a one half .inch iron rod set for the beginning of a non-tangent curve;i 'to the left, hay!fl9 a radius of 825.00 feet; a central angle of OU degrees 36· minutes 10 secon.c1s, 13 qurve to the left, having fl haivlng a radius of 725.0b feet a central angle of.05 degrees 21,minutes18 secom:!~,§ Southeasterly, along safd curve to the left, 67. 76 feet to a one half inch ironwd set fur corner; South 37 dlegrees 18 minutes 38.seconds East, 308.90 feet to a one ~alf inch iron rod set for comer; South 52 degrees 41 minutes 22 seconds West, 21.10 _feet to a one half Inch i:an rod set for comer; South 37 degrees 18 minutes 38 seconds East, 100.00 feet to a one half Inch iron rod set for comer; South 52 degrees 41' minutes 22 seconds West, 645.82 feet to a ~ne half. Inch. Iron rod set for comer; South 3.7 degrees 18 minutes 38 seconds East, 300.00 feet to a one half inch iron. rod set for comer; South 52 degrees 41 minutes 22 seconds West, 100.00 feet to a one half Inch iron rod sat for comer;
h 52 degrees 41 minutes 22 seconds West, 100.00 feet to a one half Inch iron rod sat for comer; I" .: ', I . ·! ....
TIH!ENCE South 52 degrees 41 minutes 22 seconds West, 1S9.50 feet to a one half inch. iron rod found for the · northeast corner of a 0.75 acre tract of land described as Tract Two in a deed of.trust from Little Elm Pentecostal Church of God as re.corded In Volume 4.83, Page 371, Denfon County Deed of Trust Records; · . lH!ENCE. North 89 degrees 43 minutes 2o seconds West, 199 .. 27 feet with the north line of said 0.75 i:!Cre tract to a one half Inch imn rod ~ound for romer, ' THENCE North 01 degrees 00 minutes 46 seconds East, 43.49 feet with the north line of said a. 75 acre tract to a one half Inch iron rod found for comer; 1'IHIENC!5 North 88 degrees 22 mrnutes 14 seconds West, 280.66 feet to a fence comer found for corner in the nort.'1 • line of a tract of land conveyed to Montie Morrow as recorded in Volume 406, Page 131, Denton County Deed "l!'HIENCE North 89 degrees 31 minutes 50 seconds West, 495.28 feet to a fence ·comer found at the northwest comer of a tract of land conveyed to the Waite ·Family Trust as recorded in Denton County Clerk's File No.
· 97-R0013961, Real Property Records of Denton County, Texas;.
·comer found at the northwest comer of a tract of land conveyed to the Waite ·Family Trust as recorded in Denton County Clerk's File No.
· 97-R0013961, Real Property Records of Denton County, Texas;.
TQiENCE South 02 degrees 13 minutes 53 seeonds West, 317.09 feet to a one half inch iron rod found for the County Deed Records; Tl!-!ENCE !North 89 degrees ·11 minutes 34 seconds West, at 1'20.00 feet passing a one half inch iron rod found at . the northwest corner of said Town of little Eini tract of land; in all a total dis.tanoo of 190.14 feet to a one half inch Iron rod found for oomer In the north line of a tract of land conveyed to Barbara J. Carpenter as recorded in Denton County Clerk's file No. 94MR001776B, Real Property Re~rds of Denton County, Texas; TIH!ENCE North 01 degrees 18 minutes 54 seconds East, 332.64 feet to :a. one half· inch iron rad found for the nort.heast comer of a tract of land conveyed to the Denton County Board of School Trustees as recorded in Volume 233, Page 76, Denton County DeedHecords; · THENCE South 89 degrees 47 minutes 54 seconds West, 245.00 feet to a on.e nalf inch iron rod found at fue south~ast cornrar of a 0.331 acre tract of land conveyed to Little Elm Rural High School District No. 47 as recorded In Volume 525, Page 3~3, Denton Count)r Dreed Records; , TIHIENCE North 00 degrees 34 mh:11Utes 24 seconds East, 120.00 feet to a one half inch iron rod found for the northeast comer of said 0.331 acre tract of land; THENCE South 69 degrees 47 minutes 54 seconds West, 120.00 feet to a one half inch iron rod fdL!nd at the
et to a one half inch iron rod found for the northeast comer of said 0.331 acre tract of land; THENCE South 69 degrees 47 minutes 54 seconds West, 120.00 feet to a one half inch iron rod fdL!nd at the norU1west comer of said 0.331. acre tract of land, said point being ln the east line of said Lal<eshore Drive; THENCE North 00 degrees 34 minutes 24 seconds East, 604.19 feet along. the east line of said Lakeshore Drive ta ~..,,-re. we..
·Utt; 1 9 2001 COUNW CLl~RK OENTON COUNl'f, TEXAS' Filed for Record in: DENTON COUNTY,_ TX CYNTHIA MITCH~LL, COUNTY CLERK On Dec 19 2001 At 3:59pm