Document · One Main Place Condominium Association

Pages 1–2

Condomrium Recorp YouumMe 3 MAIN PLACE CONDOMINIUMS FOR KORENEK BUILDERS INCORPORATED, "FORT WORTH - BENBROOK TARRANT COUNTY, TEXAS JOEL JOHNSON DESIGNS FORT WORTH, TEXAS ar ea eee EXHIBIT ups ; — Se me Exueir “AS 21 THE STATE OF TEXAS COUNTY OF TARRANT DEC-29-12 144157 A38.50 ENABLING DECLARATION POR ESTABLISHMENT OF A CONDOMINIUM FOR ONE MAIN PLACE CONDOMINIUMS KNOW ALL MEN BY THESE PRESENTS: THIS DECLARATION, made this 28 day of Novanber, 1972, by KORKMEK BUILDERS, INC., hereinafter called DEVELOPER, pursuant to and in accordance with the provisions of the Condominium Act of the State of Texas (hereinafter referred to as the "Act"), for the purpose of establishing a condominium regime in respect to the hereinafter described real property and Improvements therson; WITNESSETH: WHEREAS, Developer is the sole owner in in fee simple of the tract of Land hereinafter described and also depicted on Exhibit "A" attached hereto, hereinafter referred to as "the project tract of land", and will improve and develop said land by constructing on said tract a condominium project consisting of one two-story apartment artment building containing ten (10) apartments, together with certain other improvements, structures and facilities as part thereof and appurtensaces thereto, which condominium project is designated and shall be known as ONE MAIN PLAGE CONDOMINIUMS and which project tract of land is legally described as follows: Parcel 2 of Phase II in Block 6, RIDGLEA COUNTRY CLUB ESTATES, an Addition to the City of Benbrook, Tarrant County, Texas, according to Plat recorded in Vol. 38862, Page 28, Plat Records, Tarrant County, Texas; WHEREAS, the Developer intends by this Declaration to submit sald project tract of land and all improvements thereon to the provisions of and

ol. 38862, Page 28, Plat Records, Tarrant County, Texas; WHEREAS, the Developer intends by this Declaration to submit sald project tract of land and all improvements thereon to the provisions of and provisions of and the condominium regime established by said Act so as to thereby establish a condominium regime under said Act in respect the project property as herein defined and described; NOW, THEREFORE, the Developer hereby makes the following declarations as to the definitions, divisions, descriptions, restrictions, covenants, limi tations, conditions, rights, privileges, obligations, and liabilities which shall apply to, govern, control and regulate the sale, re-sale or other disposition, encumbrance, acquisition, ownership, use, occupancy and enjoyment of the project proparty and all parts thereof and the freehold estates hereby es tablished, hereby specifying and agreeing that the provisions and contents of this Declaration shall be and constitute covanants to run with the land and shall be binding on Developer, its successors, assigns and grantees and all subsequent owners of all or any part of said project property and their granteas, successors, heire, deviseen, executors, administrators or assigns, towitt quires: 1. DEFINITIONS. As used herein, unless the context otherwise re(a) "Act" means the "Condominium Act" of the State of Texas.

(b) "Declaration" means this instrument and all exhibits attached herato by which the project property is submitted to the provisions of the Act, as hereinafter provided.

MAX E. CLARK MAURICE SHORT 817-2385430 described.

CONDOMINIUM RECORD VOLUME (c) "Project tract of laga" means the land itself hereinabove (d) "Project Property" means all the "Project tract of land",

MAX E. CLARK MAURICE SHORT 817-2385430 described.

CONDOMINIUM RECORD VOLUME (c) "Project tract of laga" means the land itself hereinabove (d) "Project Property" means all the "Project tract of land", all improvements, buildings, structures, facilities, fixtures and equipment erected, constructed, placed or laced or contained thereon or therein.

(e) "Apartment Building" means the entire apartment building consisting of one structure described in Paragraph 4 below, Located on the project tract of land and containing ten (10) condominium apartments, to be individually ly and separately used and owned.

(f) "Apartment" means one of the separate and individual apartwent spaces into which the apartment building is divided for individual and separata use and ownership as provided for in the Act and as described in this Declaration and depicted on the respective plat which is attached as exhibit hereto, and includes the space encompassed by its boundaries and certain construction and elements thereof which are to be individually and separately owned as hereinafter defined, described and established in this Declaration.

(g) "Common Elements" means all portions of the project property except the apartments as hereinafter more particularly defined in in this Declaration.

(h) "Unit" or "Apartment Unit" means an estate or property comprised of an apartment together with the undivided interest in the Common property Elements allocated to and conveyed with such apartment.

(1) "Unit Owner" or "Owner of an Apartment Unit" and similar expressions means the person or persons whose estates or interest, individually, jointly or or collectively, aggregate fee simple absolute ownership of an apartment unit.

ual, corporation, partner(1) "Person" means a natural individual;

whose estates or interest, individually, jointly or or collectively, aggregate fee simple absolute ownership of an apartment unit.

ual, corporation, partner(1) "Person" means a natural individual; ship, trustee or other legal entity capable of holding title to real estate.

2. SUBMISSION OF PROJECT PROPERTY TO THE ACT. The Developer, as sate and establish hereby submits the project owner in fee simple of the project property, in order to a plan of condominiun ownership in respect respect thereto, hereby e property on Exhibit "A" to the provisions of and the condominium regime established by the Condominium Act of the State of Texas (herein referred to as the "Act"). The Developer intends and declares through the recordation of this Declaration its desire esire to submit the project property to the condominium regine established by the Act.

3. PROJECT TRACT OF LAND. The project tract of land, submitted to the provisions of the Act, is the tract of land hereinabove described and depicted on a survey plat of the project tract of land, showing its location, boundaries and dimensions, and the location of each building located thereon, is shown in Exhibit "A" of this Declaration.

4. APARTMENT BUILDING. The apartment building located on the project tract of land and constituting a part of the project property, submitted to the provisions of the Act, is generally described as stone veneer and frane two-story building. This building will contain ten (10) individual apartments which are hereinafter described and are to be individually and separately owned. The location of this building on the project tract of land is shown on said Exhibit "A". This building has approximately 20,669 square feet of inside

d and are to be individually and separately owned. The location of this building on the project tract of land is shown on said Exhibit "A". This building has approximately 20,669 square feet of inside total floor area. Separate garage buildings are located on the tract and will contain approximately 6,248 square feet of garage area space. The garages are shown on the plot plan and are a part of the building and the dimensions of the garage areas are shown in Exhibit A, and floor space is not included in the above inside total living area.

5. APARTMENTS. Each of the ten (10) individual condominium apartnents, hereby established and contained in the apartment building, has a direct exit to a thoroughfare or to a given common space leading to thoroughfare.

MAX There are ton (10) apartments and they are designated and described by numbers as Condominiua Apartment No. 71, 73, 75, 77, 79, 81, 83, 85 , 87 and 89. The The apartments are designed and intended for residential use only. The square footage, dimensions, locations and other descriptive data of each of the apartments are shown on the plat attached hereto an Exhibit "A", and all information and data thereon is incorporated herein by reference to such exhibit。 6. GARAGES. On Exhibit "A" there is designated the garages for each of the above numbered condominium apartments, and the size and location of such garagou are shown, and such garages constitute a part of the General Connon Elemente, but nevertheless are designed and laid out to serve exclu sively the apartment units. The owner of each such apartment is hereby granted the right to the exclusive use of curtain space within each garage, and the conveyance of any such apartment hereafter shall include, whether expressly set forth or not, the

partment is hereby granted the right to the exclusive use of curtain space within each garage, and the conveyance of any such apartment hereafter shall include, whether expressly set forth or not, the exclusive right to the owner of such apartment to use such designated garage space. Each unit owner shall be deemed to have acquired such exclusive right to use the garage space have waived his right to use all other garage spaces, the use of which has ce designated for his apartment and to been granted to other owners of apartment units.

7. PORCHES AND PATIOS. On Exhibit "A" there are shown entry ways, porches and patios that constitute a portion of the General Common Elements.

8. COMON ELEMENTS. The General Common Elenents shall consist of all of the "Project Property". as herein defined, except the individual apartments, and such Common Elements shall include all the "Project Tract of Land", as herein defined, common storage areas, the foundations, bearing walls and columns, common parking areas, yards, gardens, the compartments or installa tion of central nervices such as power, light, electricity, pumpa, public utility lines, floors, and ceilings (other than the finished interior surfaces thereof located within the apartments), structural and supporting parts of all buildings, outside walks and driveways, and all structures, Fixtures, facilities, equipment and appliances which are designed and intended for the common and mutual use or benefit of each apartment and the space occupied by sane, and in general all other nortions of the project property except the individual apartments, and the particular elements thereof which are to be individually owned, as declared and established in this Declaration. Each of the the condominium apartments designated herein have

idual apartments, and the particular elements thereof which are to be individually owned, as declared and established in this Declaration. Each of the the condominium apartments designated herein have a ground floor and a second floor and the following items are included in the individual ownership: Apartment No. 71 10.0% Apartment No. 81 Apartment No. 73 11.6% Apartment No.

Apartment No. 75 7.3% Apartment Apartment No. 77 11.5% Apartment Apartment No. 79 10.5% The porcentages of ownership interest in the Common Elements the respective Apartments are based on relative values arbitrarily susigned by the Developer to each Apartment solely for this purpose, and such values do not necessarily reflect or represent the selling price or actual value of any Apartment, and regardless of the price for which any artment ay be sold or re-sold or the actual value of any apartment, and regardless of any such percentage of ownership in tha Cosmon Elements allocated to each Apartment shall remain fixed and constant, and the same commot be changed except by the written consent of each and every owner and mortages of an apartment unitin this Condominium Project, duly executed , ackn dged and filed for record a partial amendment to this Declaration. Said ownership interest in the Common Flements shall be undivided interests, and the Cosmon Elements shall be owne by Apartment Owners , as tenants in common in accordance with their respective percentages of ownership. The Common Elements shall remain undivided and sim12 not be the object of an action for partition on division of the co-mersli so long as suitable for a condominium must be paid prior to the bringing or unserion for partition, or the consent condominium regine, and in any event al mortgages elesents allocated to each

o-mersli so long as suitable for a condominium must be paid prior to the bringing or unserion for partition, or the consent condominium regine, and in any event al mortgages elesents allocated to each of all sortgagees to such acmon must be obtained. my covenant trary shall be void. The percentage of the con apartment shall not be separated therefrom cuchered or otherwise separately disposte of, and such interest in the Common Elementa shall follow the resective apartment to watch it is allocated, and refrom or separately sold, conveyed, en shall be deemed to be conveyed or encurdered with its respective Apartmen woich it is allocated even thougis the description in th veyance or encumbrance shall refer only to the apartment.

the instrument of 10. USE OF THE COMMON ELEMENTS. Lach Unge Owner shall have the right to use and enjoy the Common Elemente in common common with all other Unit Owners, for the purposes for watch they are intended and as may be required For the purposes of access d ingress and egress to and use and occupancy and enjoyment of the respective apartment wat owned by such Unit Owner, without hindering or encroaching upon the bowful rights of other co-owners. Such rights to use the Common Elements shall extend to each Unit Owner, the members of the inmediate sily of sach tai ach Unit Owner, the lawful occupancy of each apartment, and the guest and visitors of each Unit Owner and/or authorized occupant each apartment. Such right to use the Common Elements shall be subject to of and governed by the provisions of the Act and of this Declaration and by the By-Laws hereinafter sentioned and the rules, regulations and resolutions Jawfully nade or adosted by the Council of Co-Owners or by the Board of Admeistration pursunt to authority of

tion and by the By-Laws hereinafter sentioned and the rules, regulations and resolutions Jawfully nade or adosted by the Council of Co-Owners or by the Board of Admeistration pursunt to authority of the By-Laws or the Council of CoOwners . Each Unet Owner shall be deened to have an easement in the interest of all other enit Owners in the Common Elements for the installation, maintenance and repair of il individually owned fixtures, appliances and equipment , which are affised to, supported by or located in any any space or structure antituting part of the Common Elements. Each Unit Owner shall be further deezed to have an easement in common with all other Unit Owners, in, upon, across, over, through and with respect to the Common Elements to the extent of such right to use the Common Elements.

and the government, operation and administration of the project property and the condominiun regius hereby established, and shall remain a saber thereof until such cine as his ownership ceases for any reason, at which rise his membership shall automatically cease. Upon any transfer of ownership of any apartment unit, regardless of how accomplished, the new unit owner acquiring or succeeding to such ownership interest shall likeviss automatically succeed to such membership in the Council of Co-Owners.

The aggregate number of vores for all merbars of the Council of Co-Owners shall be ten (10). Such votes shall be one for each Арахежеде Unit Owner. If any person, including Developer, shall own more than one (1) apartment, his representation for voting purposes shall be one (1) vore for each apartment unit so owned, so that he may exercise the voting rights allocated each apartment owned by him. In the event an apartment unit shall be

ion for voting purposes shall be one (1) vore for each apartment unit so owned, so that he may exercise the voting rights allocated each apartment owned by him. In the event an apartment unit shall be jointly owned by more than oce persca, then the voting rights allocated suc unit shall be divided between, and may be proportionately and indepen dently exorcised by each joint cwner in proporcion to their respective omershipinterest. The Developer, through any officer or representative, say xex cise the voting rights with respect to unsold units while owned by the Developer.

ated to 13. BOARD OF ADMINISTRATION. The Council of Co-Owners shall elect a Board of Administration to consist of not less than three (3) xeshers, who shall serve in such office , without pay or compensation, for such term specified in the By-Laws of this Condominium Project. Such Board of Adminis tration shall manage the affairs of the Council of Co-Owners, and it shall have such powers, duties, functions, authority, and responsibility se shall be specified in said By -Laws or this Declaration or se may be delegated to it from time to time by the Council of Co-Owners, 14. ΑΜΕΝΟΜNT TO BY-LANG. This project and the condominius regine horeby catablished shall be in accordance with the By-Laws which have been initially adopted by the Developer as sole owner of the project property, and which are attached hereco as Exhibit "3 " and made a part hereof. These By-Lows may be amended from time to time by the Council of Co-Ommers in accor dance with the provisions thereof. Any and all such amendments to the ByLaws shall be duly certified to by the presiding officer of or other person designated by the Board of Administration, and shall be filed for record as a partial amendment to

uch amendments to the ByLaws shall be duly certified to by the presiding officer of or other person designated by the Board of Administration, and shall be filed for record as a partial amendment to said Exhibit "8" "8" attached. The by-Laws say not be amended to conflict with any provisions of this Declaration except in the manner hereinafter provided for amending this Declaration.

15. COMMON EXPENSES ASSESSMENTS. The Owner of each Apartment obligated and agrees to pay as assessments therefor are shall be bound and obli made, his pro-rata share and part of the expenses of administration and of zaintenance, repair, upkeep, protection, replacement and operation of the Common Elements, and of any o of Co-Owners or authorized by this Declaration or said By-Lars, all of which expenses herein mentioned are in this Declaration referred to as "common ex penses". The pro-rata share of the common expenses swhich shall be assessed against each unit owner, and w other expenses lawfully agreed to by the Council and which each unit owner agrees to pay, shall be in коп ехренжев the same ratio and in proportion to his percentage of ownership of the Comion Elenents except in the case of insurance. Assessments for common and payment therefor shall be made as determined and provided for in By-Laos attached hereto as Exhibit "3" and as the saxe may be amended from time to time. No owner of any apartment unit or interest therein shall be exempt from paying or contributing his pro-rata share of the comion expenses by waiver of the use or enjoyment of the common elements or by abandonment of the apartment mit or his interest therein.

(a) Wall height from first floor to bottom of first floor ceiling structure is 8 ft 0-1/2 in..

(b) Wall height from second floor to bottom of

abandonment of the apartment mit or his interest therein.

(a) Wall height from first floor to bottom of first floor ceiling structure is 8 ft 0-1/2 in..

(b) Wall height from second floor to bottom of second floor ceiling structure is 8 ft 0-1/2 in.

(d) Condominium dimensions are to intenfor face line of studs or other structural membe (e) Building location, configuration and dimensions shown are compiled from architect's draugs.

11. UTILITY EASEMENTS. A valid easement shall exist in each (f) Each condominiun embraces first and second floors.

Reference is hereby made to the Act for further definisien of the General Conson Elements". Reference to "Common Elenents" in this Declaration shall mean the "General Common Elements" as herein apartment and in each portion of the Common Elements for the benefit of each Unit Owner, and municipality and each utility company for the installation, maintenance, repair, removal or replacement of acy and all utility lines, pipes, wires, conduits, facilities and equipment, serving the apartment building as whole or any individual apartment, and the ownership of the apartments and interest in the common elements shall be subject to such easements.

9. OWNERSHIP OF THE COMMON ELEMENTS.

the respective artment owned by him, mer of an Apartment shall be entitled to the percentage of ownership in the common Klementa allocated 12. COUNCIL OF CO-OWNERS. Each Owner of an apartment unit shall automatically be a member of the "Council of Co-Owners" which shall be the governing and administrative body for all unit owners for the protection, preservation, upkeep, maintenance, repair and replacement of the common elements, SAW OFFICES OF MAX E. CLARK

h shall be the governing and administrative body for all unit owners for the protection, preservation, upkeep, maintenance, repair and replacement of the common elements, SAW OFFICES OF MAX E. CLARK MAURICE SHORT MAX CLARK MAURICE SHORT SHI 16. LIENS TO SECURE ASSESSMENTS. The sssessments for common ww penses shall be made against the owner of each apartment unit and the apart ment unit itself, and in the the pro-rata share of the common expenses assessed against him, or any part thereof, when the same shall become due and payable as specified in the ment , then the whole amount of such assessment remaining unpaid shall consti tute a valid lien on on such such apartment unft for the benefit of all other Dair Owners.

Unofficial Copy LAW OFFICES OF MAX & CLARK MAURICE SHORT RIDGLER BANK BLOS Area Code 317-738-5439 2 the event any Unit Owner shall fail or refuse to pay the assessAll liens securing assessments for comcon expenses shall be prior to all other liens, except that such assessment liens shall be subordinate, secondary and inferior to (1) all liens for taxes or special assessments levied by the City, County, and State governments or any political subdivision or special district thereof within the boundaries of which the project property is located, and (2) all liens securing amounts due amounts due or to become due under any wortgage, vendor's 's lian or deed of trust filed for record prior to the data payment for such assessment for common expenses became or becomes due.

Such lien for common expense assessments herein provided for may ba foreclosed, without prejudice and subject to the aforesaid prior and su perior liens, by suit by the Board of Administration or any authorized officer

on expense assessments herein provided for may ba foreclosed, without prejudice and subject to the aforesaid prior and su perior liens, by suit by the Board of Administration or any authorized officer or member thereof, acting in behalf of all unit owners, in like manner as mortgages on real property. No such foreclosure suit or sale thereunder shall affect or impair any such prior and superior liens. The Board of Administration or any person authorized by it, acting in behalf of all Unit Owners, shall have power to bid in the apartment unit foreclosed on at the foreclosure sale, and to acquire, hold lease. ase, mortgage, or convey onvey the same same in behalf of all such Unit Owners. All funds realized from any foreclosure sale shall be applied first to the cost 'an'l expense of filing and prosecuting suit, including all coats of court and a reasonable amount for attorney's fees, then towards paysant of the indebtedness sued, on, and the remainder, if any, shall be paid over to the defendant or defendants in the suit as their interest may appear.

In the event the proceeds realized from the foreclosure sale, applied as aforesaid, shall be insufficient to pay off and discharge the whole amount of the assessment for connon expenses sued on, then the purchaser acquiring title to apartment unit at such foreclosure sale, whoever he may be, other than the owner sued, shall not be liable for the deficiency, but such deficiency, if any, shall be deemed to be ccumon expense, collectible from all of the owners of the apartment units in this project, including such purchaser at the foreclosure sale, on a pro-rata basis as as in in the case of other common expenses.

to such 17. ASSESSMENTS PAYMENT ON SALE. Upon the sale or conveyance

his project, including such purchaser at the foreclosure sale, on a pro-rata basis as as in in the case of other common expenses.

to such 17. ASSESSMENTS PAYMENT ON SALE. Upon the sale or conveyance of any apartment unit, all unpaid assessmente against the selling owner for his-pro-rata share of the common expenses shall be first paid out of the sales price or by the purchaser in preference over any other assessments or charges of whatever nature, except the following: (1) Assessments, liens and charges in favor of the state and any political subdivision thereof for taxes past due and unpaid on the apartment; and, (2) Amounts due under mortgage instruments duly recorded.

18. CERTIFICATE OR STATEMENT OF ASSESSMENTS. Any prospective purchaser or mortgagee of any apartment unit, at the request of the owner shall be entitled to a certificate or statement from the Board of Adminis tration as to the amount of the unpaid assessments up to a given date for comson expenses against the apartsent uait to be sold or encumbered, and such purchaser or sortgagee shall not be liable, nor shall the apartment unit sold or mortgaged be liable or subject to any lion, for any unpaid assessments in excess of the mount set forth in said staterent or certificate for che por dod of tis time covered thereby, but any such excess shall be collectible Fron a11 other mit owners on a pro-rata basis in proportion to their omership of the Common Elements.

19. UTILITIES. Each Eait Omor shall pay for his own telephone, electricity and other utilitios which are separately metered or billed to each user by the respective utility coupony. Utilities which are not separately billed or metered shall be treated na part of the coemon expenses, and each

os which are separately metered or billed to each user by the respective utility coupony. Utilities which are not separately billed or metered shall be treated na part of the coemon expenses, and each user shall pay his pro-rata part thereof as in the case of other couron exредкен.

20. PROPERTY INSURANCE. The Board of Administration shall have the authority to and shall obrain brain and continue in effoat blanket property in surance to insure the buildings, structures and apartment units in or on the MAX E CLARK project property, and the owners thereof, against risks of loss or damage by fire and other hazards as are covered under standard extended coverage provisions, and againat risks of whatever character, without prejudice to the right of each unit owner to insure his apartment unit on his own account and for his own benefit. Such insurance may be written in the name of and the proceeds thereof may be payable to the Managing Agent or the Board of Administration or any person designated in the By-Laws or by the Council of Co-Owners, as Trustee for each of the Unit Owners in their respective percentages of ownership interest in my intentand Bach in this Declaration. Each Unit Owner, and his mortgagee, if any, shall be a beneficiary of such insurance, the percentage of his ownership interest in the common elements, as aforesaid, even though not expressly named in the policy as an insured or beneficiary.

All costs, charges and pre and each unit owner shall pay his pro-rata share thereof as in the case of other conson expenses, as in this Declaration provided for. The sufficiency of Insurance coverage shall be reviewed annually by the Council of Co-Owners .

and premiums for such insurance shall be "common expenses"

expenses, as in this Declaration provided for. The sufficiency of Insurance coverage shall be reviewed annually by the Council of Co-Owners .

and premiums for such insurance shall be "common expenses" 21. RECONSTRUCTION APPLICATION OF INSURANCE PROCEEDS.

A. In case of any injury or damage to or destruction of part of the project property covered by Insurance, the insurance indemnity and proceeds shall, except as provided in sub-paragraph (8) below applied to reconstruct or repair the building or property so damaged of destroyed, if such insurance indemnity or proceeds collected shall erceed the total cost of such reconstruction or repair, then unless the contract of insurance or the By-Laws, as existing or hereafter amended, shall specify otherwise, the Board of Administration or other agent or person named as Trustee in the policy of insurance and collecting said proceeds, shall pay over such excess as foleni (a) If the damage, injury or destruction affected only the Cosmon Elements and no part of any individual apartment suffered any in jury, damage or destruction, as determined by the Board of Administration, then auch excess shall be paid to the Unde mers and their respeodve mortgagees, if any, according to their respective interests in the insurance established in this Dec in this Declaration.

age, injury or destrumen does to any of the Common Eleats and affects only individual of Administration, then such excess shall not affect or extend to apartments as determined by the be paša over to the Unit Omors suffering such dasage or destruction and their respective mortgagees, if any, as their respectiva interests may appear, event the danage, injury or destruction affects bath Cosson Elements and any individual apartment, then a percentage

and their respective mortgagees, if any, as their respectiva interests may appear, event the danage, injury or destruction affects bath Cosson Elements and any individual apartment, then a percentage of such excess in the proportion that the total cost of repairing or ro storing the on Elemen by the Board of Administration, bears to the total cost of repairing and reconstructing all of the property destroyed shall be paid over all of the Unit Owners and their respective mortgagées in the resto of their respective interest in the insurance as cublished Dachsretion, and the remainder of Auch excess shall be paid over to the bait der or owners suffering such dare, Injury or destruction, and their mortgagees, as their respective Interests nay appear.

eneprises 3. Reconstruction of repair shall not be compulsory whare it whole or more than two-thirds (2/3rds) of the building as de Derained by the Counell Co-Omaco. In such case, and unless unaniacus Iv aped Loon by all of the Unst Omars, the insurance indemnity collected dhall be skivered and paid pro-rata to the Unit Owners and their respective more ξυλάκ2 any, as their reactive interests may appear entitled to în accor dsace with their percentna Interest as not forch in this Declaration.

C. Share the Insurance Andemaity is insufficient to cover zhe cost of reconstruction and reconstruction is required as provided for hurein and in the Act, the building or reconstruccion costs in excess of the Insuranco proceeds shall be paid by all unit cwners directly affected affe by the Gazage in proportion to their respective percentage interest in the Cons MAURICE SHORT RICERANG 7 Elements as set fort in this Declaration, or as may be provided for in the By-Laws, and Af one or more of the unit owners comprising the minority shall

ge interest in the Cons MAURICE SHORT RICERANG 7 Elements as set fort in this Declaration, or as may be provided for in the By-Laws, and Af one or more of the unit owners comprising the minority shall refuse to make such payments, the majority may proceed with the reconstruction erm benefited themby upon proper resolution setting forth the circumstances of the case and the cost of the work, as proense of the Unit Ownerm ben in the Act. The provisions of this sub-paragraph (c) may be changed nous resolusion of the parties concerned, adopted subsequent to the ch the fire or other dienster occurs, provided for in the Act.

22. PUBLIC LIABILITY AND OTHER INSURANCE. The Board of Administrasion shall alde have the authority to and shall obtain comprehensive public liability insurance in such Mnits as it shall deen desirable, and workmen's compensation insurance and other liability insurance as it may deem desirable.

incuring such thit Owner and Me Council of Co-Owners, Board of Administration, Manager and Managing Agent Comporary or permanent) from and against liability in connection with the Common Elements, and and all ecsts, charges and premiune For all such insurance shall be common espense. Each Unit Owner shall pav his pro rata share for such insurance as in the case of other common expenses.

INDEVIDUAL INSURANCE. Each Unit Owner shall be responsible his own personal cost and expense for his own personal insurance on the contents of his own apartment and his additions and improvements thereto, and decorating and furnishings and personal property therein, and his personal propery stored elsewhere on the project property, and his personal liability Owners obtained as part of the cozzon expenses as above provided.

rnishings and personal property therein, and his personal propery stored elsewhere on the project property, and his personal liability Owners obtained as part of the cozzon expenses as above provided.

tent not covered by the liability insurance for all of the Unit 24. EASTMENTS AND ENCEDACHMENTS. If arv portion of the Conson Elements shall actually encroach upon any Apartmert, or if any Apartment shall actually encroach upon any portion of the Conson Elements, as the Corazon Elements and Units actually and physically exist, or as shown by the respective survey plats atzociiud hereto, then there shall be deemed to be mutual valid casements for the encroachusent an and for the saint maintenance of same, as long as it stands, shall and does exist. In the avent the apartment building is totally or partially destroyed, and then rebuilt, the owners of the condoninius apartsents agree that all encroachments of or upon the Conson Elements and facilities due to construction shall be permitted and that a valid easement for sald encroachment and the maintenance thereof shall exist, 25. ALTERATIONS, ADDITIONS AND IMPROVEMENTS. No alterations of any Common Elements, or any additions or improvements therato, stall be nade by any latt Owner without the prior written approval of the Council of CoOvners or the Board of Administration authorized to grant such approval. No Cuit Owner shall make any structural modification ton or or substantial alteracions in his apartment unit or the installations locates the therein except in the manner and pursuant to the provisions of the By-Laws.

26. NAINTENANCE, REPAIRS AND REPLACEMENTS. Each Unit Owner shall furnish, and be responsible for, at his own exponse, all of the maintenance,

the manner and pursuant to the provisions of the By-Laws.

26. NAINTENANCE, REPAIRS AND REPLACEMENTS. Each Unit Owner shall furnish, and be responsible for, at his own exponse, all of the maintenance, rupasra and replacements vithia his own apartment, and its designated garage, cudept as to the nomon elesonto lacatud therein. Specifically, but without Lindzation, each thit Owner saali repair nadzor replace his own 4 individual air conditioning unit, his own cooking ταιρο, σνακ, wirijarator, kitchen appli auces, interior bathroot and kitchen fixtures, plubing, equipment and ppliies, individual 11 jhting and electrical Antures, all glass and/or plate glass wale way be part of any window or wall of the apartment, oven thoula gies hay also constituto de outside wall or such apartment, and aft other elements and contents of the apartmant Maich are individually and pri vately owned. Halntonance, rupatm and replacements of the Connen Elenaлты shall be faruished by the Council of Co-Owners or the Board of Alciniseration as part of tve the cacaon expenses.

25 cae uxtent bat equipment, faciliztu aand fixtures within ay apartront shall be connmetod to similar equipant, facilities and lintuven serving or affecting other aparemmats or the conson elements then reciprocal cacematto for the saintenance of same shall exist, and the use thereof by the Incivisual unit owners shall be subject to such roles and regulations us the AX CLAIK Council of Co-Owners or the Board of Administration shall adopt in respect therero. All workmen and other persons authorized by the the Council of Co-Owners, the Board of Administration or the Manager or Managing Agent, shall be entitled to reasonable access to the individual apartment units as may be required in

authorized by the the Council of Co-Owners, the Board of Administration or the Manager or Managing Agent, shall be entitled to reasonable access to the individual apartment units as may be required in connection with the maintenance, repairs or replacements of or to the common eloments or any equipment, facilities or fixtures affecting or serving other apartments or the Common Elements.

27. DECORATING. Each Unit Owner shall furnish and be responsible for, at his own cost and expense, all of the decorating within his own Unit from time to time, including painti cleaning draperies, window shades, curtains, lampa and other furnishings and interior decoracing. Each Unit Owner shall own the finished interior surface of the parimeter walls, floors and ceilings which constitute the boundaries of his apartment and shall be responsible therefor and main tain the same in good condition at his own expense as may be required from time to tine. Each Unit Owner shall mer shall also own all windows and glass within his spartnent or forming part of the perimeter walls and shall be responsible for the repair and replacement thereof. Decorating of the Common Elements (other than interior surfaces within the apartment) shall be furnished by the Council of Co-Owners as part of the common expense.

28. PLAN OF CONDOMINIUN OWNERSHIP. Each owner of an apartment shall individually and separately own such apartment in fee simple, and shall ovd as a tenant in corazon the undivided percentage interest in the Common Elanents allocated to such apartment, as set out in Faragraph 9 of this Decla ration. Said apartment and undivided percentage interest in the Common Ele sents shall constitute an apartzent unit. The uncivided intarest in the

ch apartment, as set out in Faragraph 9 of this Decla ration. Said apartment and undivided percentage interest in the Common Ele sents shall constitute an apartzent unit. The uncivided intarest in the Corzion Elements allocated to each apartment shall not be separately conveyed, encushered or otherwise disposed of, and parcision thereof, except as pex nicted and provided for in the Act, shall be prohibited.

29. SEPARATE TAXES. Taxes, assessments and other charges of the State or of any political subdivision, or of any special improvepent district, or any other taxing or ansessing authority, shall be assessed against and collected on each individual apartment, which shall include its percentage or fractional corson elements, each of which shall be carried on the tax books separate and distinct entity for that purpose, and not on the property whole as more particularly provided for in the Act.

30. SEPARATE Моктолоб, Ваsi unit ouner shall have the right to Have a separate mortgage or endurorance on his respectiva Unit together with lata respective ownership interest in the Cornea Elements. No Unit Owner shall anve the right or authority to make or evcate or to cause to be made or created any sortgage, encumbrance or Men on or affecting the project property or any pare thereof, except saly to the extent of his ancividual apartment unit which Zucludes his respective individed interest in the Common Elenouts, 31. LEGAL DOSYN. The legal description of each svartient walt my woint of the the Latifying swbol of such unit, and identifientica be nave or other designation of the apartment busiding, all as shown on and май тегегоace to the respective survey plato which are attached exiabres It is expressie geved, thi vach and enre purchaser of on opart

other designation of the apartment busiding, all as shown on and май тегегоace to the respective survey plato which are attached exiabres It is expressie geved, thi vach and enre purchaser of on opart wut ait, his botes, executers, ministrators, soigne and grantees, hereby, 200 Ciak the square footικής, σας απο stomions of eaca aparereat as sez our ce saena in the Declaration or ta said ourvey plats attnched as etdilblés Wωθι αν οpprosinate dâu nữ vella for beriytive parnoses only, and shar ta Tevelopor dous Hos variant, Narontee or repescat that gav npassreat емиту волк lens cùora by the whit belis papdatser ani v الكامارةont unit or interest thevelu ui oppotuit di speet and excine the ware ceae parvived av hin, prior to doorhude Berof, and agrees thut the pr Party w Kysically existing Baca purchaser of so the hereby expressly waiven any elain ee Jecand switch be nav have Món la Joveloper or sny оглеr pezsen wacrudover, en account of any diffovence, MAXMA shortage or discrepancy batween the apartment as actually and physically existing and as it is shown on the respective plat thereof which is attached as an exhibit hereto. It is specifically agreed that in interpreting deeds, cortgages, deeds of trust and other instruments, for any purpose whatsoever or in connection with any matter, the existing physical boundaries of the apartment or of an apartment reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be the bondartes regardless of sattling, rising, or lateral movement of the building buildi and re gardless of variances between boundaries shown on the plat sad those of the building.

32. RESTRICTIONS, COVENANTS AND CONDITIONS. The following restrictions , covenants

of the building buildi and re gardless of variances between boundaries shown on the plat sad those of the building.

32. RESTRICTIONS, COVENANTS AND CONDITIONS. The following restrictions , covenants and and condit conditions are placed upon sach of the apartments affected hereby as a general plan or scheme of restrictions, for the benefit of each apartment, to wit: (1) All of the Apartment Units in this Condominium Project shall be known and described as residential apartments and shall be used for residential purposes only during the existence and continuance of the com dominiun regime established by this Declaracion.

(2) Each residential apartment shall be used and occupied a a private, single-family unit only. No residential apartment shall be altered, remodeled, subdivided or converted into more than one single-family dwelling unit.

(3) No residenzial apartment shall be used or occupied for my professional office, business or commercial purpose, or any other noeresidential purpose.

(4) Residential Apartments shall not be rented by the Owners chereof for transient or hotel parposes, which shall be defined as (a) a ren tal for a period of less than thirty (50) days, or (b) any rental where the owaer furnishes or causes to be furnished to the occupant customary hotel services, such as room service for food and for beverages, maid service, laun dry, linea and bellboy service. Other than the foregoing limitations, and sobjeer to the provisions set out in Paragraph 34 below, the owners of the respective apartment units shall have the right to rent or lease their ке spective unics, furnished or unfurnished, Cor residential purposes, provided that such tenancy or lesse shall be subject to the provisions of this Decla

Page 3

shall have the right to rent or lease their ке spective unics, furnished or unfurnished, Cor residential purposes, provided that such tenancy or lesse shall be subject to the provisions of this Decla ration and the By-Laws of the By-Laws of this ConCozinium Project.

(5) Ne trosh, garbage or debria shall be placed in any bur the designated disposal facilistes.

(6) No signs or posters of any kind shall be placed on any pare of the Corzen Blements except as authorized by the Board of Administration, except that the Developer may maintain a siga on the project property to civercios or astrace attention to the project so long as the Daveloper owne any apartment wisch is for sale.

(73 Rotesthstanding anything heroin to the contrary, tice Developer shall have the right to use any apartbeat as a "codel apartment" Lur Gispicy of sure to the public and/or for use sa a sales office for so ving as it was any apartment which is for sale in this project.

30. JMRADY ΔΕΝ Y FOS. From the date of the envaree by Developer of the lives opartment to its owner, for ON (sents , or until sta (o) avartments shall have been censered to orker ner, for a period of естили са Developer, valeurse shall firez occur, Developer shall temporarily vided by the Dors, in lieu of the Board of Vanagers aca Comes of Co-tuers. Juring surt toporary aáninistration cititics all sus for ecran engouse provided in such by-Cars, and shall at Setration Developer shall be to the for the teirdnaztea el such sorgerary admuistration initiate and com plete the transter of such administration to the Council of Co-Dusers.

20 ران ایران خودیان 34. SALE, KENTAL OR LEASE RICHT OF FIRST REFUSAL. If the owner ther than the Developer, shall desire at any time to any Apartment Unit, other

istration to the Council of Co-Dusers.

20 ران ایران خودیان 34. SALE, KENTAL OR LEASE RICHT OF FIRST REFUSAL. If the owner ther than the Developer, shall desire at any time to any Apartment Unit, other sell, rent or lessa his apartment unit-to any parnon other than the Developer, márataivas an offer for the purchase, rental or lease of the same which he would be willing to accept, such owner shall not sell , rent or lease his aparttimit without first giving the Board of Administration or the Managing Agent acting for the Board of Administration, at least thirty (30) days prior written notice of the proposed sale, rental or lease, which notice shall be sent by U. S. Cartified or Registered Mail, with return receipt requested, and shall state the nans, address, occupation and place of employment of the proposed purchaser, tenant or lesses, and the posed eale, rantal or lease.

the raceipt of such notice by the Board of Administration or Managing Agant, the Council of Co-Owners shall have the right of first refusal to purchase, zent or lasse the apartment unit for the sand price and upon, the same terme and conditions as the proposed sale, rental or lasse described in such notice.

If the Board of Administration shall fail to give written notice to such Unit Owner in writing within said thirty (30) day period that the Council of CoOsmers has elected to purchase, rent or lease lease such apartment unit upon the terms harain provided, or if the Board of Administration notifies such Unit Owner in writing within said thirty (30 ) day period that it has elected not to purchase, rent or lease auch apartment unit, then and in either avent such Unit Owner may wa proceed to close said proposed.sale, rental or lease transaction. If, however, the Board of Administration gives

ase, rent or lease auch apartment unit, then and in either avent such Unit Owner may wa proceed to close said proposed.sale, rental or lease transaction. If, however, the Board of Administration gives written notice to such Unit Owner within said thirty (30) day period of the clection by the Council of Co-Owners to purchase, zent or lease said apartment unst upon the same terms as the proposed sale, ren sale, rental or leasa described in said notice, then such purchase, Tental or or lease shall be closed upon the same terms as such proposed sale, the price, terms and conditions of the proease. During the period of thirty (30) days following Tental or leas The Board of Administration shall have the authority, on behalf of behalf of exercise such and in the name of the Council of Co-Owners to alact not to exar right of first refusal , and to give written notica of such election. The Board of Administration shall also have the authority and right, on behalf of and in the name of the Council of Co-Owners to waive the provisions of Para graph 34 in respect to any apartment wait or units, provided that such Walver shail ba in writing, and duly executed and acknowledged in recordable forn.

Whenever any such waiver nay be given by the Board of Administration in respect to any apartment unit or units, the the owner or owners thereof may sell rant or lance the sane without regard to the provisions of this Paragraph 34, and without giving the notice required herein of his proposad sale, rental or lease and without giving the Council of Co-Owners the right of first fusal provided for herein.

If the Board of Administration shall adopt a resolution recommending that, the Council of Co-Owners should purchase, rent or lease said apartment unit

ers the right of first fusal provided for herein.

If the Board of Administration shall adopt a resolution recommending that, the Council of Co-Owners should purchase, rent or lease said apartment unit upon the terme described in said notice, then the Board of Administration shall promptly call a special meating of the Council of Co-Owners for the purpose of Voting upon its right of first refusal, which meating shall be held within thirty (30) days fron date of raceipt of said notice, sad if the Unit Ovners owning not less than saventy-five per cent (75%) in the aggregate of the total Cynership interest in the Common Elements, by affirmative vote at such meeting slace to exercise such right of first refusal to purchase, rent or lease such apartment on the toxns proposed, then the Board of Administration shall promptly give written notice of such glention to the Unit Owner desiring to sell, rent or lanse, in accordance with the provisions hereof. In such event, the Board of Administration shall have all authority to execute all such mortgages and to do everything ing necessary to clona the transaction in its own name, an Trustee, for all Unit Owners , and to make such aasenstients as authorized by the Council of Co-Ownars, proportionately anong tina respective their ownership intereate in the Common Klements. If the Council of Co-Dunars tive Unit Owners in the ratio of shall purchase, ront or lease any Apartment unit as herein provided, the Board of Administration shall have the authority at any tina thereafter to sell sub-rent or sub-lease the same on behalf of the Council of Co-Owners, upon such farms and for quch price as the Board of Administration nay deam proper, and all net procgads or deficit therafran shall be applied among all the Unit

on behalf of the Council of Co-Owners, upon such farms and for quch price as the Board of Administration nay deam proper, and all net procgads or deficit therafran shall be applied among all the Unit Ownars in proportion to their respective ownership interess in the Common EleAXCLARK much matiner the Board of Administration may determine.

12 The provisions of of this paragraph numbered 34 as to SALE, RENTAL, or LEASE RIGHT OF FIRST REFUSAL, shall not apply to any sales, rantals or leases made by the Developer. The Developer shall have the absolute and uncondizional right to sell, rent or lease any apartment unit which it graph 34.

the provisions of this Paraperson whomsoever, without complying with any of the sich it nay now own to any 35. AMENDMENTS. Except as hereinbelow provided, the provisions of this Declaration shall not be changed or amended except with the written consent of each and every owner of an an Apartment Unit, representing total (100%) ownership of the Common Elements in the aggregate. Kach amendment agreed upon by all Unit Owners an aforesaid shall be filed for record in the sane naunex as the filing of this Declaration.

Provided, however, that the Developer as owner of any apartmant unit or units, reserves and shall at all times have the unconditional right to amend this Declaration, without consent or approval of any other Unit Owner, for the purpose of correcting any obvious typographical error in this Declaration , or for the purpose of making this Declaration comply with the mandatory provisions of the Act, if the sema shall be deficienpith the any such respect.

36. REMEDIES. In the evant of any default by any Unit Owner under equity, and nay the the provisions of the Act, Declaration, By-Laws or rules or regulations of the

deficienpith the any such respect.

36. REMEDIES. In the evant of any default by any Unit Owner under equity, and nay the the provisions of the Act, Declaration, By-Laws or rules or regulations of the Council of Co-Owners, or their authorized representative, shall have each and all of the rights and remedies which may be provided by the Act, Declaration, By-Laws, or said rules and regulations or which may be available at law or in quity, and may prosecute any action or other proceeding against such deFaulting Unit Owner and/or others for enforcement of any lien or to enforce by injunctive relief or otherwise, or for the collection of any sums or debts compliance with the particular matter in respect to which default was made, or damages in default or arising from any such default. All expenses of the Board of Administration or Council of Co-Owners of its authorized representa tive in connection with any such action or proceedings shall be part of the common expenses and collectible as other common expenses. The Board of Ad ministration shall be further empowered and authorized to correct or cure any such matter in default and to do whatever may be necessary for such pur pose, and all expensas in connection therewith shall be charged to and assessed against such defaulting Unit Owner and shall be secured in the same Panner as assessments for common expenses, 37. RIGHTS AND OBLIGATIONS. The rights and obligations of the respective Unit Owners under this Declaration and the By-Lawn shall be deaned to be covenants running with the land, so long as the project property remains subject to the provisions of the Act, and shall inure to the benefit of and be binding upon each and all of the respective Unit Owners and their respective

and, so long as the project property remains subject to the provisions of the Act, and shall inure to the benefit of and be binding upon each and all of the respective Unit Owners and their respective heirs, executors, administrators, legal representatives, successors, assigns, purchasers , lessees, grantees, mortgagees and others having or claiming an Interest in any Apartment Unit, subject to the provisions of the Act and this Declaration and the By-Laws. Upon the recording or acceptance by a Unit Owner at any time of any deed conveying an apartment umit to him, such Unit Owner shall be deemed to have accepted and agreed to and to be bound and subfect to each and all of the provisions of the Act and this Declaration and By-Laws, as now existing or hereafter lawfully amended.

38. NOTICES, Norices provided for in the Act, Declaration or ByLave shall be in writing and shall be addressed to the Board of Administration or the Council of Co-Owners at the address of the Board of Administration or its reprosentative which may be established fron time to time and of which the Unit Ownere shall be notified. Notices to the Unit Owners shall be sent to the nailing addresses of their respective apartmant units, or to such other address which any Unit Owner may in writing designate by notice thereof to the Board of Administration or its represantative, 39. SEVERABILITY. If any provision of this Declaration or ByLowe attached hexato, or any section, sentence, paragraph, clause, phrase or word, or the application thereof in any circumstance, shall be held invalid 530589 12 MAX R. CLARK MAURICE SHORT Code-817-733-5430 CONDOMINIUM RECORD VOLUME 3 To Dial Or unenforceable, the validity or enforceability of the remainder of the

circumstance, shall be held invalid 530589 12 MAX R. CLARK MAURICE SHORT Code-817-733-5430 CONDOMINIUM RECORD VOLUME 3 To Dial Or unenforceable, the validity or enforceability of the remainder of the Declaration or By-Laws and of the application of any such provision, section, sentence, paragraph, nlause, phrase or word in any other circunstances shall n not be affected thereby.

40. INTERPRETACION. If any declaration ors provision, sentence, word or clause contained in this Declaration Declaration or the By-Laws shall be suscaptible to two or more interpretations, the interpretation which shali most nearly be in accord with the Act and the general purposes and intent of this Declaration and By-Laws shall gavara, 42. OMISSIONS. In the event of the ontusion from this Declaration anga of any provision or stipulation which shall be vital, necessary or expedient for the accomplishment of the purposas and intent of this Declaration, this Declaration shall not thereby fail, in whole or in part, but any and all such onitted matter shall be supplied by inferoned and/or by reference to the provisions of the Act under which this condominium regine is established, and the provisions of such Act are hereby node a part hereof by reference thereto.

part hereof.

42. KXHIBITS. The following Exhibits ara appended kaveto as Exhibic "A Edribit "" Plat consisting of three (3) sheets By-Laws consisting of eight (8) pages EXECUTED the day and date first above shown.

THE STATE OF TEXAS COUNTY OF TARRANT I I KORENEK BUILDERS, INC.

Le By: low a Bor LEON A. KOREKEK, President.

BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared LEON A. KORENEK, President, known BY-LAWS of ONE MATH PLACE CONDOMINIUMS

REKEK, President.

BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared LEON A. KORENEK, President, known BY-LAWS of ONE MATH PLACE CONDOMINIUMS KONENEK BUILDERS, INC., being the sole owner in fee simple of the project tract of land and property nubaitted to the provisions of the Condominius Act of the State of Taxan Chureinafter referred to as the "Act"), for establishment of a Condominiun regime to be known as ONH MAIN PLACE CONDOMINIUMS , the foregoing and attached Enabling Declaration (hareinafter referred to se the " Declaraticu"), de heruby adopt the following BY-LANS which shall govern the administration of such Condoulutun ragine as provided for and compliance with said Act, UMS, as more particularly defined, described and provided for in AKTICLE I.

NAME This Condominiun Apartmant Profeet and the Condomin established wider the Declaration to which these By-Laws ponrain shall known as ONE MAIN PLACE CONDOMINIUMS.

ADMINISTRATIVE BODY 1. Council of Co-Owners. Zach Owner of an apa ONE MAIN PLAGE CONDOMINIUMS shall automatically be a member of "Council of Co-Owners", (hereinafter referred to as the "Council") which shall be the governing and administrative Foay for 11 uni for the protection and replacement of the cornem elatants, and the as 5. Quorum Definitions. A quorus of it owners for any maoring shall be conaticuted by unde owners raprosented in person or by proty and haldin more than 50% of the total votes of all unit owners, allocand to each unit cunar in the Declaration and theve By-Laws.

If any meaning of e Council De Council esunot be organized because a king, tan by majority vore of the unit crmers present, either in a quorum is by proxy, he sonring nay be adjourned to the same hour of a

y meaning of e Council De Council esunot be organized because a king, tan by majority vore of the unit crmers present, either in a quorum is by proxy, he sonring nay be adjourned to the same hour of a dato noz lass than com (10) nor more than thirty (30) days from the size on which such meeting was to have been originally held, and at any Buc adjourned eating a quorun shall be constituted by uit owners parson or by sony and holding more than 25% of the total No new notice of such adjourned meating need if it be given to be here at the same place of the originally scheduled Chering. The tora zajority vote as used in those Dy-Laws shall sous a thut is more than 50% of the votes cast at aty meetings erity of coners mát cuners" as med in these By-Laws apartment units who in the aggregate common elements as allocated to the torn 21 mean the camer or owners con mora than 50% intment in 6. Order of Boinans. The order of Business at all coatings the Council shall be as doceksinod by the presiding officer or najority of the meeting. The Inteur shall govern in case of any objection te ARTICLE 12.

BOARD OF ADMINISTRATION 1. Composition. At the Mrst muual meeting of of the Council it Copy το be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to that the sana the act of the said KORENEK BUILDERS, INC., a corporation, and that he executed the same as the act of such corporation, for the purposes and consideration therein expressed, and in the capacity therein stated.

GEYGEN UNDER MY HAND AND SEAL OF OFFICE, this the 27 December 19 72 Notary Public in and For Tarrant County, s nent, operation and administration of the Condominium ragine in accordance with the provisions of t f the attached Declaration and the

the 27 December 19 72 Notary Public in and For Tarrant County, s nent, operation and administration of the Condominium ragine in accordance with the provisions of t f the attached Declaration and the and shall remain a senber thereof unti such time as his ownership for my reason any transfer of onarship of any apartment unit soaver acconeshed, the new dr owner acquiri or succeeding ownershinterest, shall likaise automatically succeed ship in cice kings the Council.

hval Meetings. The first anniel meeting of the Council ach date and at such time, place shall be specified in which Developer shall give se each unit owner. Thereafter annual shall be held on such dates and at such time and places as the of Administration, or its representative, shall annually determine, on such date and at such time and place at the Council may transact business which may be properly brought before the meeting.

ard 3. Special Meetings, Special meetings of the Counell may be called by the President or by a materity of the members of the Board of Administration, or by unit owner having ae least 25% of the votan entitled st at such ing. Nocices of emmcial mastings shall be in writing and may be mailed or personally deliveres and auch shall state the date, time, place and purpose of the meeting No business shall be transacted at any spaciaresting which is not generally stated in the notice, unless unit cunars representing at lense Six (6) votes, either in person or by proxy, consent to the transaction of such business.

ss 4. Votes. As to this Apartment Project, the aggregate number of votes for all Unit Owners shall be ten (10). The votes shall be divided proportionately among the respective ownership interest in the common elements allocated to aach unit in the

aggregate number of votes for all Unit Owners shall be ten (10). The votes shall be divided proportionately among the respective ownership interest in the common elements allocated to aach unit in the Declaration. Votes at any meeting nay be east in person or by proxy. The Developer, through any officer or representawe, nay cast the votes allocated to the apartment units owned by it.

L ball sleet a Board of Administratiou (hereinafter referred to as the " Deard"), which shall be composed of not less than three (3) persons. A11 the Board norbers shall be parsons owning or having an ownership interest of in on soortment wait. If the owner of any spurtnent mit is a corporation, partnership, trust or other legal entity, a Board member may be an officer, divestor, partner, or beneficiary of such unit owner. At each subsequent al meeting of the Council, it shall elect new members to the Board in plhce of those whose terms have expired.

2. Duties and Authority. The Board shall manage and administer the affairs of the Council and shall have all such duties, rights, powers and cuthority given to it by the Act, the Declaration or By-Laws, in addition to the following: EXHIBIT "B" FLEA BANK (a) To elect officers of the Council hereinafter provided, (b) To administer the affairs of the Council and the common elements of the project property.

(c) To keep or cause to be kept sufficient books and records with a detailed account of the zaceipts and expenditures affecting the profeet buildings, an and its administration and specifying the maintenance and repair expenses of the common elements. Bota the books and vouchers accrediting the entries made thareon shall be available for examination by all co-owners at convenient hours on working days that shall be set and announced

ommon elements. Bota the books and vouchers accrediting the entries made thareon shall be available for examination by all co-owners at convenient hours on working days that shall be set and announced for general kno Ledge. All books and records shall be kept in accordance with good accounting procedures and be audited at least once a by an auditor of the organization, as provided by the Act, once a year (d) To angage the sorvlees of a Manager or Managing Agent sho shall manage and operate the Cormon Klanents for all of the unit cwners, upon such terms and for such compensation, and with auch specific duties and authority rity as as the Board B may approve or ss may be specified in the contract of employment executed by the Beard in behalf of all mit owners The compensation paid to the Managing Agent shall be part of the common eхрепнея.

(a) To formulate and enforca policies for the administraLen, wantagement and operation of the common elements.

without depriving any unit owner or other parson of the rights and/or privileges given to him by the Act or the Declaration in respect to the common elaments.

(1) To provide for the saintenance, repair, upkeep.

protection, and replacement of the common elements, and Insuranos for the Froject proparty, and to approve pay ment vouchers and make paysants tharafor.

(g) To delegats any of its duties, powers and authority to the Manager or Managing Agent employed by the Board.

(a) To adopt an annual budget for the estimated common expanses each year, and to provide the manner of sagesing and collecting from the unit owners their respective pro-rata shares of such estimated common expenses harsinafter provided.

(1) To provide for the designation, hiring and removal of employess and other personnel, including bookkaspers

their respective pro-rata shares of such estimated common expenses harsinafter provided.

(1) To provide for the designation, hiring and removal of employess and other personnel, including bookkaspers and accountants, and to engage or contract for the services of others, and in general to make purchases of labor, material, and/or services for the maintenance, upkeap, repair, replacement, administration, management and oparation of the common elements.

17 In general, the Board Board shall have all such duties, rights and authority to do all such actions and things we are not by the Act, Declaration or in these By-Laws directed to be done or exercised exclusively by the unit owners or Council which shall be necessary or reasonably required for the successful and orderly administration, Management and operation of the Condominium regius ss tablished by the Declaration to which these By-Lews pertain.

out in (k) To adopt rules of conduct in addition to those set In Article VI hereof from time to time as it may daterwine to be necessary. Such rules of eenduce shall relate to any and all matters concerning the usa of general common elements including but not limited to regulation of park ing, storage of boats on the premises, lavn furniture and control of pats, and the he outside outside storage of fire wood, 3. Tarm of Office. At the first meating of the Council et which Board Members are elected, the rers of office of one-half (1/2) of the Board Members shall sahall be fixed for two (2) years, and the term of office of all other Board Neshara sbali be fixed at four (4) years. At the ax piration of the initial term of office of each respective Board mesbor, his successor shall be elected to serve a term of four (4) years. The Board

Neshara sbali be fixed at four (4) years. At the ax piration of the initial term of office of each respective Board mesbor, his successor shall be elected to serve a term of four (4) years. The Board sasbare shall hold office for thoir respective texme and until thedr encosssore have been elected and hold thoir first meeting.

4. Vacancies. Vacancies in the Boozd caused by any s other than the removal of a Board Merber hy vate of the Council shall ba fillad for the unexpired by vore of the majority of the ro saining Board Matbars, even though they nay constitute lons than a quarums and each person so elected shall be a Board Menbar until a successor 18 wlected at the next annual macting of the Council or special meeting called for that purpoви 5. Resignation Any member of the Board may reniga at any time by giving written norice of resignation to the President or any other officer of the Council.

6. Automatic Resimation and Renoval. If any member of the the Board who was the owner of an apartment undt or interest therein at the tire of his election or appointment to the Board, shall at any time ak11 or otherwise dispose of or voluntarily or involuntarily cease to be the owner of such apartment unit or interest therein during his term of office, then upon such termination or cessation of his ownership interest in such apartment unit, such member shall automatically be deemed to have effectively resigned from the Board and he shall automatically be re moved therefrom.

7. Removal by Council. At any regular or manual meeting or at any special meeting called for that that purpose, the Council may by najority vote remove any one or more members of the Board, with or with out cause, provided that a successor or successors shall then and there

meeting called for that that purpose, the Council may by najority vote remove any one or more members of the Board, with or with out cause, provided that a successor or successors shall then and there be elected to fill the vacancy or vacancies thus created, for the unexpired term of the Board Merber or Marbers removed. Any Board Member whoen removal has been proposed shall be given given an opportunity to be haard at such meeting.

8. Organizational Meeting. The first meating of the newly alected Board shall be hald within ten (10) days of election at such place as they the shall fix at the meeting at which they were elecrad, and no notice shall be necessary to the newly elected members in order to Legnily constitute such meeting, provided a majority of the whole Board shall be present.

9. Regular Meetings, Regular mectings of the Board noy ba held at such time and place as shall be determined from time to time by a majority of the Board Masbers, but at least two (2) such meetings shall be held during each local year. Notice of regular soatings shall be given to sach manber personally or by mail, telephone, or telegraph, at least three (3) days prior to the day designated for such meeting.

10. Special Meetings, Special meatings of the Board may be called by the Frostéent on thrae (3) days notica to be given as in the case of regular metings, stating the time, date, place and purpose of the meating. Special meetings shall be called by the President of Secretary in Itka tener and on like notice on the written request of at least fifty (50%) per cent of the Board Meubera.

11. Waiver of Nouice. Safero or at any meeting of the Board any meaber nay verbally or in writing walva notice of the time, date place and purpose of such nesting, and such waiver shall be daptad

era.

11. Waiver of Nouice. Safero or at any meeting of the Board any meaber nay verbally or in writing walva notice of the time, date place and purpose of such nesting, and such waiver shall be daptad aquivalent to tha giving of auch nordce. Attendance by amenber Board at any meeting of the Board shall be deaned an valver required norice notice of of such meeting. If all the members of the present at any nesting, no notice tharaaf shall he required and any business any be transseted as such seating.

12. Quorus. As all meetings of the Ecard a majority of numbers shall constitute a quarun for the transaction of beinosa, and the acts and decisions of the majority Board Netbe present at any hosting at which a quarum to present all be the acta the antire DECLARATION AND BY LAS 1. Designation. The principal officers of the Council shall be a Prasidant , one or mora Vice-Presidents, a Sacretary and a reasurer and the office of Secratary and Treasurar may be held at the same ine by the same person. The Board may appoint an Assistant Secretary Assistant Treasurer and such other officers as in their julenent may necessary.

2. Election of Officers. The officere of the Council shall be elected and appointed annually by the Board the organizationa meating of each new Board and thes shall hold office at the pleasure that of officar Upon an affirmative wote of bars of the board, or by majority vote of the Council officer may be removed, atther with or without cause, elaat any gular bing of the Board or at any Catfor that purse.

ae chief exeutive Loer of th Ment. The resident shall also be a member of the the council and shall Board and of the pondil . He shall hava all the general wars and duties which are usually vested in the office

xeutive Loer of th Ment. The resident shall also be a member of the the council and shall Board and of the pondil . He shall hava all the general wars and duties which are usually vested in the office of the President of an organization, ineluding, but not limited to, the to appoint committees for various purposes as he shall deen Vice-President. Tha Mea-President shall take the placa oft President and perform his tihenever the President is absent Cary. The Necretary shall keep the minutes of all of the Board and of alueetings of the Council. He shall in general perform all the duties innident to the office of Secretary. The Secretary way be the managing agent a representative of the managing 7. Trommurer, The Treasurer shall have the responsibility for the Counsil funds and securities and shall be responsible for keeping the Minancial records and books of account.

8. Vacancies. Vacancies in any office may be filled by the Board at any meeting thereof.

9. No Compensation. The officers shall receive no compensation fon their services as such, except that if the wonaging agent holds ahy velice he may be paid for for his his services as managing agent, including par formance of the duties of his office.

ARTICLE V.

ASSESSMENTS 1. Budger (a) The Board shall propara or cause co da prepared, an estimated annual budget for onch fiscal your of the Council. Such budget shall take into account tha cctimated comxon elpandus and cash requiremarks for the year, including salaries, wages, payroll taxes, supplies, materialo, parto carvious, maintenence, repolks, roplacement, Landscaping, Insurance, water service, povas and other common utilities, management feed and other SAN OPTECS OF MAX OLARH 5 CLARK 3 Ecal 2 20 2 3572 and

o carvious, maintenence, repolks, roplacement, Landscaping, Insurance, water service, povas and other common utilities, management feed and other SAN OPTECS OF MAX OLARH 5 CLARK 3 Ecal 2 20 2 3572 and provide for a Deserve for contingencies for the year and a reserve for естолна ехрешае. The amaqal bulgot shall also take into accomat places of the cocon elejents, in reasonable amounts as fixed by the Board. day surplus or defteits in zegard to previous budgets shall also be omsiderad, of Jaduury of each calendar year, (b) The amaal budget as erzinated by the Board for each Sveal your shall be approved by the Board, and copies thereof shall be Soginning sa Japuary 2, 1973, to the last day of Decembar of the succeeding furnished es auch unit owner nor Lutar chaa ninoty (90) days after the begining of such your. Valeas the Boazd otherwise determines, such calendar yaers. The Bourd way designate a different fiscal year at its Fisesi year shall be fron the fimt day of pleasure.

bligation of Kait Omars. On or before the first any of to be sent to ench wait quaer for hin vespnative el as, Dut the failure to send or zeceive any such the firaz oath and as eacdi suscsending month of the year covered by the board er such person na the Dostré zmy desigante, an hiu respective monthly canal Judget, each wit ovner shall pay to the Managlug Agent or the Bare for a codata eponses, apo-twelfth (1/12ch) of his propor tente vare of the corsa orpenses for such your as estimated in an Gas ses forth in the Declaration. The Board, Managing wer scoll be in the ratio of kio respective omerabip interest in the нага бу минй апавал бий. Баба proposaisance share for each unit Gastell ronêtre and held tad sure in trust as Trustee for each

ging wer scoll be in the ratio of kio respective omerabip interest in the нага бу минй апавал бий. Баба proposaisance share for each unit Gastell ronêtre and held tad sure in trust as Trustee for each wk or ollat paman authorized to collect sad receive such monthly we sathorized by said Act, Boclaration, theat By-La of give malt eraers and swall me, disburse, pay and expead the sake 2234 sad benefit of the unit omas. She Beard or Managing Agent mлу or resolution of the Council of Co-ümere, fer the murdal and en cine staserat to be sent to ench se stocent during say math shall not relieve the obligation or entense tien failure to pay sina or may part thereof. In the event that tha Du đã phail not approve an estimated annual Budget for a now dy notifies gach unit à unit soner of each, each unit comer shall con fincal TUESDAG Mota 8Fte Lysues WIG zo arzandora penegger of trees of yo Simon me as alon of prigins amous 200 n types and of story του করে upit emer or oss the apartme belonging to hảu or by waiving or abandoning to pay Matesopents for коса варочнcs by oluncaning or not using sinats or prlutinges to me or enjoy the canon olemmats or ay memilds pare Everes, aur unice any othor elrewastenace sa long as his enemhts rant shall be tho dory of ench sad avery unit evner to pay his * 192203 3200 50 ory to ofans grand recoing anys of or to apt as sostess sectare my any casaurns yo eatrees yo zee2 wante Lariation, wether or not a astaturant for such monthly is seas of received. If my watt omar shall 20cl or refuse his ans subject to foreclosure as provided ån awesunout shell omstiste a lion against sta opartent unit, aubto say i nicke part of the doccan choetres, or ay nare thornof, the añosnt SUJAY are 100baug ay pyres to patce on 30 ap va02 ets any lates been

ut shell omstiste a lion against sta opartent unit, aubto say i nicke part of the doccan choetres, or ay nare thornof, the añosnt SUJAY are 100baug ay pyres to patce on 30 ap va02 ets any lates been bea duty assessed by the Joard, here all be an additional $5.00 due te velaration in the avent a monthly assesotant okell not have be auto estataly as a colicctica expense.

ject a cortain prior lens and sub overder property of other etprisen or special Skully agreed to by the cometi or the mit owners in aoat to esvar the cotiated carton sagtenues in reapest to the es or the project paparty 3. Supplemental Suiget. In the ovome it shall appear to the that the estimated onaval budget, for any fiscal year shall be insacre your ad och uit omar shall bo assermed end pay hin pro wara shall prepare or causa to be prepared a supplecontal estimated accordance with the provisions of the Act or towaration, then the partienota part of such oupplerental cual budget it gan so πατão balone zo cover the cotizaten dafletency for the venainder of the fis porecusage of emership antarest in the mon elements an tabiishas in the Duclaration and these By-kors.

atlo ose or purposes authorized in the Declaration. Now apartment" for display to the public andfor as a 3. The Developer may use my apartmant unit or write thay 2. Unit owners shall not display, hang, er store any his unit; nor shall not mit owner paint or decorate or adorn the outside walis of the apartment building, or install outside his mit any signs, clothing, sheets, blankets, laundry or other articles outside canopy or suming or other equipment, fixtures or itens of any kind, without the prior written permission of the Board. The Board may at its discretion, however, allow "For Sale" signs no larger than

e canopy or suming or other equipment, fixtures or itens of any kind, without the prior written permission of the Board. The Board may at its discretion, however, allow "For Sale" signs no larger than 24" x 20" on my apartamt being offered for sale.

1. The apartment units shall be used god occu immoral, noxious or offensive activities shall be carried on in apartment unit or elsewhere on the project property, nor shall the purpose or purposes apartments which are for sale, and they may place or affix an appropriate siga or signs on the door or exterior of such unit or on the project sales office during the period of time they own any apartment of property to advertise the same, and during such period existing on the property may be maintained.

thing be done therein or thereon which shall constitute cause mreasonable noise or disturbance to others.

my own ca a "nodel apartment" for displ signs 4. Each unit owner shall mintain his apartment in good condition and in good repair and erdar, at his own expense, excepting the common alesents.

be required in ch construction, or completion of construction project property, the Developer and their employees, agents, representa Developer, and their agents and exployees, shall be entitled to access, tives, contractors or subcontractors, and other persons authorized by Ingress and egrese to said project property, as my be a connection with such rash, garbage and other waste shall be kept in sani5. The use, saintenance and operation of the common clewents shall not be obstructed, damaged or unreasonably interfered with the garbage disposal installations provided or as otherwise directed tary containera while in any sparrnest and shall be disposed of in by the Board or Managing Agent.

Trash, by any wait owner.

ith the garbage disposal installations provided or as otherwise directed tary containera while in any sparrnest and shall be disposed of in by the Board or Managing Agent.

Trash, by any wait owner.

7. During the period of construction or completion of the he Board or Managing 8. So tait omer shall do anything which would change the appearance of any area outsida his apartrient, or any part of the common Agent first obtained, and then only in the nanner specified in such ents, without the prior written consent of the Board or elecents , けっ ΣΤΑ KOLJAV TEMPORARY ADMINISTRATION BY DEVELOPER tezporary managing agent when it nay designate.

gise and the project property by the Developer, as provided During the limited period of tezporary administration of this for in the Bselaration, tan Developer shall constitute and represent and all powers, rights, authority and duties of the Gouncil of Co-Owners, and act as the Council of Go-Owners and shall exclusively have and oxercise the Developer may in its discretion delegate all such powers, rights, authority and duties to Condoxiatum regise AMEBLO.

MAX CLARK 2 22 Such managing agent shall also constitute and exclusively act as, and represent and have all of the povers, rights, authority, doties and functions of the Board of Administration during the period of ICN temporary administration by Developer.

ARTIKLE VIII, KESOLUTIONS Resolutions adopted by the Board from time to time, parsumt to the Declaration of By-Less or in the exercise of its duties which de not amend thesa By-Laus need not be filed for record, but the recorde thereof shall be kept in the minute book.

ARTICLE IX.

AMINUMENTS Thosa By-Lawns may be amended or modified from time to tim innd in these By-Lacs), but no amendsent, change or modif

d, but the recorde thereof shall be kept in the minute book.

ARTICLE IX.

AMINUMENTS Thosa By-Lawns may be amended or modified from time to tim innd in these By-Lacs), but no amendsent, change or modif by accion or approval of a majority of the unit owners (as such safority is defined in tention shall be mado which would conflier or be inconsistent with the Declaration or any of its provisions , except in the manner required for cloudments to the Declaration. Such asendsents shall be filed for record in the Office of the County Clork of Tarrant County, Texas. The term "majority of of unit owners" or "safority of unit owners as used in these By-Laws and in the Declaration, means the owner or opera of apartments who in the aggregate own more than 50% of the common olemencs es alleented to the unit owners in the Declaration.

ARTICLE X.

MORTGAGES 2. do owner who places a mortgage or other lien on his chit shall notify the Doard, or itonaging Agent, if any, of the name and address ef his mortgaged, and zito Board shall maintalu such information in a book which shall be kept for that specific purpose.

2. At the request of any mortgagee of a unit the Board of Managing Agent shall report any unpaid assessaant dus from the owser of such astr ARTICES XI.

COMPLIANCE These Dy-Lors are ent forth to comply with the requirements of the μες από τα μεσviotens of the Beularution. In case these By-Laws or any ance shoroof conflict with any of provisions of said Ant or the Declaration, it to horoby agreed and ancepsod tint the provisions of the Act selfor Doelavasion shall govern sad bo eratrolling.

DAZED AND ADOPTED by the undorsigned.

SJRISER DUŽLIZES, INC.

1208 A 800k, President