ao C2 36 PGS A LO QMO] Se 205 S214 a FIRST AMENDED ee -~DECLARATION OF RESTRICTIONS, COVENANTS, AND CONDITIONS FOR ESTATES OF OYSTER CREEK 2) WH Le _ VF THIS ace T. (the "Declaration") is made this 1° of December, 2005 by The Estates Of r Creek ‘Property Owners Association, a Texas Corporation ("Declarant").
va A. Declatant.is the‘owner.of'certain real property situated particularly Situated in Fort Bend Coufity. Feasaeinge particularly described on the "Plat" (as hereinafter defined); such real prdperty, togéthet with additions thereto as may be made subject to the terms of this Declaration.b any Covenants executed and filed, from time to time, by Declarant in the Deed Records.6 Fort nd ounty, Texas, are herein collectively called the "Property." Declarant Sel ckrea ‘an the Property a residential community with residential lots and improvem ints, 1 inehiding, without limitation, irrigation system, street lighting, bridges, gaze dscaping, perimeter fences and walls, cluster or other mailboxes, open spaces, dother cilities and improvements for the mutual benefit of the "Owners," as herenater died) “A Sf B. For the benefit of Declarant id h’succeSsive owner of the Property and each parcel thereof and to provide for the efi ett servation \ of the values and enjoyment of the amenities within the Property and forthe maintenance of Common Property, as a part of the general plan of development, Declarant | aera ee se upon the Property the covenants, conditions, restrictions, easements, efiarges, apd liens contained in this Declaration and to create a nonprofit comoravon © whith will be delegated and assigned the power of maintaining and administering-the P: y and Common Property (and related facilities) in accordance with the terms of 1 W.
reate a nonprofit comoravon © whith will be delegated and assigned the power of maintaining and administering-the P: y and Common Property (and related facilities) in accordance with the terms of 1 W.
C. Declarant has caused, or will cause, to be incotporat e Nonprofit Corporation Act of the State of Texas (the "Act") a nonprofit corporatio wih as The Estates of : Oyster Creek Property Owners Association (the "Asso¢iat eA, ae NOW, THEREFORE, for the benefit of, and to bind Declarai vans assions and successors-in-interest, Declarant does hereby agree and declare t °Ptap erty, including any additions thereto as may hereafter be made hereof, is here and Gill beheld transferred, sold, conveyed, and occupied subject to the covenants, nditrons, jestrictions, easements, charges, and liens (sometimes referred to collectively a! the !Coveriants" hereinafter set forth which Covenants run with the Property and are bjndi ne on Declarant and all parties having any right, title, or interest in or to the gp Saar 1 A thereof, and their heirs, successors, representatives, and assigns, at lacer in easy | ARTICLE 1 Qe ~ DEFINITIONS a“ “ fr The following words, when used in this Declaration, have the following meanings: .“ "4 < oa eo aA af eo “ oO a Co a AT wecural Control Committee" means the New Construction Committee or the odi aj Committee which is applicable as described in Article IX of this CDGlak at ass veh eans and refer to the regular annual assessments, the special assessments, and, ‘th efi It Assessments levied for the Association as determined by the Board of Directors tors.
“Associ ew, me chee to the Estates of Oyster Creek Property Owners Associati Pe g Fen fion onprofit corporation, its successors and assigns.
e Association as determined by the Board of Directors tors.
“Associ ew, me chee to the Estates of Oyster Creek Property Owners Associati Pe g Fen fion onprofit corporation, its successors and assigns.
"Board of Oa “means the governing body of the Association, the elections and procedures of.whi wese et\forth in the Articles of Incorporation and the Bylaws of the Association [ of ON "Builder" means and ré toa sv or entity undertaking the construction of a Dwelling Unit on a Lot. 4 im, "Common Property" means Gee 2) alvfighta, titles, interests, properties, and improvements, real or personal,tta: hle“or infneibile, owned or held by the Association for the common use and enjoym f the‘members s of the Association, including, without limitation, any mailboxes, gazebos,-#figation system easements, restrictive reserves, perimeter fences, walls, securitized entry gates, a apiiig, and monument "Declarant" means and refers to the rsa of Dystér C ee ek oo Owners Association and its successors and assigns.
"Dwelling Unit" means and refers to any building on wand ica of a building situation upon the Property which is designated and intended fo i se a! cy as a residence by a single person, a couple, a family, or a permitted nora p of persons.
a "Institutional Mortgage" means a mortgage or deed of trust cr aa rat lien on a Lot which is held by a third party institutional lender. “ ( ta "Lot" or "Lots" means, with respect to any property for vib sa nap or plat (including the Plat) has been recorded in the Map or Plat Records’o or-Ben County, Texas, each lot shown on such recorded subdivision map or plat w C is-Or is to-be improved with a Dwelling Unit. oes "MC" refers to the Modifications Committee as described in Article IX en ay i
unty, Texas, each lot shown on such recorded subdivision map or plat w C is-Or is to-be improved with a Dwelling Unit. oes "MC" refers to the Modifications Committee as described in Article IX en ay i "Member" means and refers to each Owner as provided herein in Article H of the wo a Declaration. a a ; , . age a fA "NCC" means and refers to the New Construction Committee as described in Article EX. ws a aD ees wv an Cea 7 Dig means and refers to the record owner (including Builders), whether one or -‘Mnore persons or entities, of the fee simple title of any Lot but, notwithstanding any ‘OD icab}e theory of mortgages or other security devices, does not mean or refer to any See pid under a mortgage or deed of trust unless and until such mortgagee or S ee cquired title pursuant to foreclosure or any conveyance in lieu of foreclosure.
] (Plat. meape hat plas hthe Property filed in the Map or Plat Records of Fort Bend County, Texas, andes Fort Bend County Clerk's File No. 20050241.
. my “Property*h ete meating given to it in paragraph A of the introductory statement above.
Pd oo "Resident" means and-fefersto each person (not otherwise an Owner or Member) authorized by arhOwrier songs e within such Owner's Dwelling Unit.
ay "Two-Thirds Mente 3 rpedng,thé approval of two-thirds (2/3) of all Members (regardless of class) enti Ted‘to ‘ote who either (i) are voting in person or by proxy at a meeting duly called for this.purpos¢ an at which necessary quorum exists, or (ii) execute a written consent in lieu of a wequng ier stich ose.
Sf “Z_---ARTICLE I MEMBERSHIP ANDY OT Pal “ 2.01. Membership. Each and every pec ol aking} ally is and must remain a Member of the Association, subject to the terms of thi , the Articles of Incorporation, and
-ARTICLE I MEMBERSHIP ANDY OT Pal “ 2.01. Membership. Each and every pec ol aking} ally is and must remain a Member of the Association, subject to the terms of thi , the Articles of Incorporation, and the Bylaws of the Association and the Ass les-and regulations. Membership of Member; provided, however, a Member's privileges i €ormon property may be regulated or suspended as provided in this Declaration,the w§ of the Association, and/or the Association's rules and regulations. Any rox oa ‘that holds an interest in and to a Lot merely as security for the performance of an obligation cgn not be a Member until such time as the holder or its successor acquires title to ic Fok prog foreclosure or conveyance in lieu thereof. - a a oN a 2.02. Transfer. Membership of an Owner in the Association may 7 te severed from or in any way transferred, pledged, mortgaged, or alienated except upo thé safe or Sssignment of said Owner's interest in a Lot and then only to the purchaser or as ignee“asthe ew Owner thereof. Such membership can not be severed by the encumbr y er of a Lot. Any attempt to make a prohibited severance, transfer, pledge, mo rn alienation shall be void and of no further force or effect. Owners shall notify t 2 Fi Association of any transfer of the fee title to a Lot. Such transfer automatically atés-tO transfer the membership to the new Owner thereof. In the event an Owner fai ses, to provide written evidence of transfer of such Owner’s interest in a Lot, the asset 6p! ae, shall have the right to record the transfer upon the books and records of the Association. "5° “ eS c 4 a 3 ia MO rs, (OCs ‘7,087 sClasses of Membership. The Association has two classes of voting membership: eTARS A Class A Members are all Members with the exception of Declarant. Class A
n. "5° “ eS c 4 a 3 ia MO rs, (OCs ‘7,087 sClasses of Membership. The Association has two classes of voting membership: eTARS A Class A Members are all Members with the exception of Declarant. Class A pe entitled to one (I) vote for each Lot in which they hold the interest required ership. When more than one (1) person or entity holds such interest or interests in you’ ies are Members, and the vote for such Lot may be exercised as we determine, but in no event can more than one (1) vote be cast with respeet'to any-suett Lat.
\ eCings BRED CLASS B. T ‘Choe coed mber i is the Declarant. The Class B Member is entitled to five (5S) votes forsea d by the Class B Member. However, at such times as the total number of ar a Class A Members equals or exceeds five (5) times the total number of aaa bye lass B Member, the Class B Member is, during the time such equality or exdes co es, eatiyled to only one (1) vote for every Lot owned by it.
‘en, “ 2.04. Addition to the fave Addit “i ional tracts of land, together with the improvements situated t Reo ome A, ect to this Declaration and added to the Property in any of the folie ofin lannerp: (a) Declarant may, withouttheé Sg any Owner and at its sole option, at any time and from time to time withi ent) years fron \ the date or recordation of this Declaration, add to the Property and to the con¢ept fof this Declaration, all or any portion of any other real property (the "Additional il Property filing of record, one or more Supplemental Declarations of Covenan; Pe tom es Restrictions, which extends the coverage and/or concept of the cove nts, condi ith ns, and restrictions of this Declaration to such property. Any such Su éctaration may contain such
Covenan; Pe tom es Restrictions, which extends the coverage and/or concept of the cove nts, condi ith ns, and restrictions of this Declaration to such property. Any such Su éctaration may contain such complementary additions and modifications of thie covenants, conditions, and restrictions contained in this Declaration as may be necess ae different character, if any, of the added Property and as are not incons brthe-epncept of this Declaration. In no event, however, shall such =- nt Decl cation modify or add to r the covenants established by this Declaration for the Property‘ex#sting prior to the filing of any such Supplemental Declaration unless such modifica biops anwadaions are approved by a Two-Third Member Vote. Declarant may make a, ppddition even though at the time such addition is made Declarant is not sede ee portion of the Property. Each Supplemental Declaration shall designate the umber separate plots or tracts comprising the Additional Property which are to constitute, ‘s isa eagh such separate plot or tract shall constitute a "Lot" within the meaning £thisDecldration. All or any part of the Additional Property and improvements located théreon’owned/by Declarant or any interest held by Declarant in the Property may be cényeye tr es or assigned to the Association and Designated as Common Property b ecl its sole discretion and without the approval, assent, or vote of the Associati Members; provided that any property so conveyed must be free and clear oy * mechanics' and materialmen's liens and that all taxes and governmental asses against any such property which are then due and payable have been paid prior‘to ro the cS Ay date of such conveyance. Notwithstanding any other provision hereof, nothing contained" - “ Vee 8S o “ Me f
gainst any such property which are then due and payable have been paid prior‘to ro the cS Ay date of such conveyance. Notwithstanding any other provision hereof, nothing contained" - “ Vee 8S o “ Me f ( Coe shall be deemed to require Declarant to add any Additional Property to the ae pk Moreover, Declarant reserves the right to subject any Additional Property or a ereof to the plan or one or more separate declarations of covenants, conditions, ed seston which subjects the real property to the functions, powers, and jurisdiction Anges ion or other entity with powers and obligations similar to the Association oy or may not be subject to the provisions of this Declaration.
' he (b) éxations of Additional Property authorized by this Declaration can be accomp aoe b mp.and filing of record in the office of the County Clerk of Fort Bend C ‘EXAS, , a Supplemental Declaration or similar instrument, with respect to any Additiona Pox = sch ehall extend the plan of this Declaration to such real property.
Any such Stip 1 os ‘aration contemplated above may contain such additions, deletions, amet ax pa Odifieations of the covenants, conditions, restrictions, easements, liens, and Sortie is Declaration as may be necessary to reflect the different character, if any, of Buqh A oh al-Preperty and as are not substantially inconsistent with the plan of this Declaration. I no event however, shall any such of the covenants, conditions, restrictions, eager ns and charges contained in this Declaration as may be necessary to reflect the, Cc a cter, if any, of such Additional Property and as are not substantially i noon en ra this Declaration. In no event, however, shall any such Supplemental inn erger or consolidation revoke, modify,
Cc a cter, if any, of such Additional Property and as are not substantially i noon en ra this Declaration. In no event, however, shall any such Supplemental inn erger or consolidation revoke, modify, or add to the covenants, conditi ns; oe S, eo, easements liens, or charges established by this Declaration, as same relate ia eee ons portion of the Property previously subject to this Declaration. Further, the mth of determifing’ Absessments for the Additional Property shall not result in an Assessment substan s than that affecting the Property unless such Additional Property and the nein oO not enjoy substantially all of the benefits enjoyed by Owners of other coe previously subject to this Declaration. Any annexation, merger, or consolidation made pursuant tor want is Declaration, when made, automatically extends the functions, powers, and juri of the Association to the real property so added. Upon the filing of any Supplemgntal, boa ion, each Owner of a Lot within the portion of the Additional Property added to the Declarant) shall become a Class A Member, as herein defined, and becomes es esgic its as provided for herein.
Declarant shall continue to be the Class B Member with tHe ni beh a per Lot (including any new Lots added pursuant to a Supplemental Declaration) as ores mu in this Article II.
(c) Upon written approval by a Two-Thirds Member Vote, the { hrhae ype who desires to add it to the concept of this Declaration and to subject it the jun ctipn of the Association, may file of record a Supplemental Declaration of Coveniat “Conditiohs, and Restrictions as described in paragraph (a) of this Article. Any additio: pute fru paragraphs (a), (b), or (c) of this Section 2.04, when made, automnatioally tend§ the j j isdcton,
at “Conditiohs, and Restrictions as described in paragraph (a) of this Article. Any additio: pute fru paragraphs (a), (b), or (c) of this Section 2.04, when made, automnatioally tend§ the j j isdcton, functions, duties, and membership of the Association to the Property added: ne ein writing by the Association following approval by a Two-Thirds Member V ne may convey, transfer, or assign real property, improvements located thereon, or an int¢re: in fo the Association and designate the same as Common Property. eek on (d) Declarant or the Association, upon the written approval or assent of sixty-seven ae ? Atm, (67%) of the outstanding votes of Members, has the right and option to cause the Assoclatiot to, to." - < ve - a“ oo Ne I * a LOO JO ( o Senge'or consolidate with any similar association or associations. Upon a merger or ene of the Association with another association, the Property, rights, and obligations of -ttie As$oviation, may, by operation of law or otherwise, be transferred to the surviving or ‘ association or, alternatively, the Property, rights, and obligations of another , by operation of law or otherwise, be added to the Property, rights, and eae Association as a surviving corporation pursuant to a merger. The surviving or oli hi cla’ abt administer the covenants, conditions, restrictions, easements, liens, and harges oes byithis Association within the Property, together with the Covenants n establis aa. property as one plan.
on en oe ft ARTICLE II oo 2 PROFE KOPERTY. RIGHTS IN THE COMMON PROPERTY ent. Subject to the provisions of Section 3.03 of this every esident t has a right and easement of use and enjoyment in and to the Common Prop slich easement is an appurtenance to the Property and passes with
ject to the provisions of Section 3.03 of this every esident t has a right and easement of use and enjoyment in and to the Common Prop slich easement is an appurtenance to the Property and passes with the title to every Lot; p jowever, such easement does not give such person the right to make alterations, , additions; r jmapro oe to the Common Property.
3.02. ‘Title to the Common bropeity. T Declarant shall convey, by Special Warranty Deed, fee simple title to the Common Pfoperty tothe Association, or in the case where easements constitute part of the Common Proper “Deefarant shall assign and transfer such easements to the Association; in each case free an olen of all enc brane ces and liens, other than the lien of current taxes and assessments not in default ,utility eas mt pipelines, setback lines, mineral interests, and other matters filed in the pubhetecp fecords of of Fo County, Texas.
Article, every Memb 3.03. Extent of Members' Easement. The aise of enjoyment created hereby are subject to the following: “ [(a) The right of the Association to prescribe vegans govern use, operation, and maintenance of the Common Property (including limiting th ‘number of guests of Members); (b) Following the approval by a Two-Thirds Member Vote;.the 8 the;Association, in accordance with its Articles, to borrow money for the pon ihe Common Property and facilities and in aid thereof to mortgage the Commen Property; oA.
(c) The right of the Association to take such steps as are asoabl ae a ect the Common Property against foreclosure; (d) The right of the Association, as may be also provided in its Bylaw ot Sent the voting rights of any Member and to suspend the right of any individual y of th Common Property for any period during which any assessment against a Loto nd
ay be also provided in its Bylaw ot Sent the voting rights of any Member and to suspend the right of any individual y of th Common Property for any period during which any assessment against a Loto nd such Member or resided upon by such individual remains unpaid, and for an pe ibd ibd pot {10 exceed sixty (60) days for an infraction of its rules and regulations; a oi (e) The right of the Association to charge reasonable admission and other fees Ge ir.
use of recreational facilities (if any) on the Common Property; a 4 om Ss of