RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: BAKER, GLAST, RIDDLE, TUTTLE & ELLIOTT 40TH FLOOR, 2001 BRYAN TOWER DALLAS, TEXAS 75201 ATTENTION: TOBI K. GELLMAN, ESQ.
CONDOMINIUM RECORDS A 9829 210.00 DEED 0 1 07/19/79 PARK LANE TOWNHOMES, A CONDOMINIUM DECLARATION AND MASTER DEED ANGE 73140 1786 Article L.
II.
TABLE OF CONTENTS Title DIVISION OF PROJECT AND CREATION OF PROPERTY RIGHTS 2.1.
2.2.
2.3.
III.
Division of Project No Separate Conveyance of Undivided interests ………………………………………………………………QUA Partition Prohibited …………………………………………………………………………………………………… ASSOCIATION, ADMINISTRATION, MEMBERSHIP AND 3.2. Membership…………………………………………………………………………………………………………………………………BEDFORD 3.3.
3.4.
3.5.
IV.
Transferred Membership Board of Directors ………………………………………………… Purposes of Assessments ………………………………………………………………………………♥ Regular Monthly Assessments 4.2.
4.3.
and Creation of Lien……………………………………………………………………………………………………………………… Assessment Lien 4.4.
4.5.
400633000RTOTO 4.6.
Date of Commencement of Assessment; Due Dates 4.7.
4.8.
Transfer of Unit by Sale or Foreclosure ……………………………………………… Payment of Taxes Assessed Against Common Elements or Personal Property of Association Page No.
6 g 9 10 10 11 11 12 DUTIES AND POWERS OF THE ASSOCIATION …………………………………………………… V.
5.1.
5.2.
5.3.
5.4 Duties and Powers …………………………………………………………………………………………………………………………… Maintenance of Project by Association ………………………………………………………»
AND POWERS OF THE ASSOCIATION …………………………………………………… V.
5.1.
5.2.
5.3.
5.4 Duties and Powers …………………………………………………………………………………………………………………………… Maintenance of Project by Association ………………………………………………………» Association Easements and Access to Units ………………………………………..
Reciprocal Easements ………………………………………………………………………………………………………………………… 12 13 13 14 14 14 79149 1747 Article VI.
Title UTILITIES …………………………………………………………… Page No.
8.1.
6.2.
6.3.
Owners' Rights and Duties ………………………………………………………………………………………………… Basement for Utilities and Maintenance ……………………………… Association's Duties ……………………………………………………………………………… 15 15 16 18 VII.
USE RESTRICTIONS 16 7.1.
Use of Individual Units 16 IONICLETTONIO 7.2.
Nuisances………………………………… 16 16 7.3.
Vehicle Restrictions 7.5.
17 17 17 7.6.
7.7.
7.8.
Garbage and Refuse Disposal ……………………………………………………………… Radio and Television Antennas ………………………………………………………………………………… Right to Lease ………………………………………………………………………………………………………te 7.9.
VIII.
8.1.
8.2.
8.3.
IX.
9.1.
9.2.
9.3.
0 9.4.
Termination of Mechanic's Lien Rights and Indemnification 20 40404266462SOUTIENIO 9.5.
Mortgage Protection Clauses ……………………… 20 9.6.
Revocation or Amendment to Declaration ……………………………………………… 23 9.7.
Owner's Right and Obligation to Maintain and Repair 9.8. Insurance; Damage or Destruction …………………………………………………………………………… 23 282 33 23 Mortgaging a Unit – Priority 7.10. Power Equipment and Car Maintenance ………………………………………………………… 7.11. Liability of Owners for Damage to Common Elements 1000000 7.12. No Warranty of Enforceability 2006000224 ARCHITECTURAL CONTROL ……………………………………………………………………………………………………………… Prohibition of Alteration and Improvement…………………………………………… Plans and Approval ………………………………………………………………… Architectural Control Committee GENERAL PROVISIONS………………………………………………………
…………………………… Prohibition of Alteration and Improvement…………………………………………… Plans and Approval ………………………………………………………………… Architectural Control Committee GENERAL PROVISIONS……………………………………………………… Enforcement ………………………………………………………………………… Invalidity of Any Provision Encroachment and Protrusion Easements 18 18 19 19 19 19 20 20 17 17 18 18 18 18 (11) " 79140 1788 Article Title 9.9.
Financing of Purchase of Unit by Association Page No.
9.10. General Reservations ……………………………………………………………………………………… 9.11. Limitation of Restrictions on Declarant 9.12. Termination of Any Responsibility of Declarant 9.13. Owners' Compliance 9.14.
EGEERTHOUGHTWOODEN 34 34 388 33333 31 32 32 Legal Intent………………………………………………………………… 9.15. Conflict of Project Documents 9.16. Term of Declaration OCTRONICA E (iii) + 14 79140 1759 DECLARATION AND MASTER DEED PARK LANE TOWNHOMES, A CONDOMINIUM Dallas County, Texas THIS DECLARATION AND MASTER DEED ("Declaration"), made on the date hereinafter set forth, by VILLA VERDE ASSOCIATES, a Texas partnership ("Declarant"), is made with reference to the following facts: A. Declarant is the owner of certain improved real property located in the City of Dallas, County of Dallas, State of Texas, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"), B. The Property presently consists of fifteen (15) residential buildings containing a total of eighty-four (84) units therein, together with other improvements now or hereafter erected thereon, facilities and appurtenances thereto and all property, real, personal or mixed, intended for use or used in connection with the Property, being hereinafter sometimes referred to as the "Project" or the "Condominiums,”
purtenances thereto and all property, real, personal or mixed, intended for use or used in connection with the Property, being hereinafter sometimes referred to as the "Project" or the "Condominiums,” C. Declarant desires to establish a condominium regime under the Texas Condominium Act. Declarant does hereby establish a plan for the individual ownership in fee simple of estates consisting of the unit plus an undivided interest as tenant in common in the Common Elements. Each Unit shall have appurtenant to it a membership in the PARK LANE HOMEOWNERS ASSOCIATION, INC.
D. Declarant intends by this document to impose upon the Property mutually beneficial restrictions under a general plan of Improvements for the benefit of all of said Condominiums and the Owners thereof.
Declarant does hereby establish Park Lane Townhomes, A Condominium, as a condominium regime under the Texas Condominium Act and hereby declares that the Condominiums shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold and improved subject to the following declarations, Umitations, covenants, conditions, restrictions and easements, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Project and every part thereof. All of the imitations, covenants, conditions, restrictions and easements shall constitute covenants which shall run with the land and shall be perpetually binding upon Declarant and its successors-in-interest and assigns, and 79140 1790 -1all parties having or acquiring any right, title or interest in or to any part-of-theProject.
ARTICLE L.
DEFINITIONS 1.1. "Articles" shall mean and refer to the Articles of Incorporation of the Association as amended from time to time.
1.2.
title or interest in or to any part-of-theProject.
ARTICLE L.
DEFINITIONS 1.1. "Articles" shall mean and refer to the Articles of Incorporation of the Association as amended from time to time.
1.2.
"Assessment" shall mean the assessment made and levied against each Owner and his Unit for that portion of the cost of maintaining, improving, repairing, operating and managing the Condominiums and for repair, maintenance and operation of the Common Elements, including reserves for replacements, which is to be paid by each Unit Owner as determined by the Association in accordance with this Declaration and the Bylaws.
1.3.
"Association" shall mean and refer to the PARK LANE HOMEOWNERS ASSOCIATION, INC., its successors and assigns, a non-profit corporation organized pursuant to the Texas Non-Profit Corporation Act, of which the Owners shall all be Members. The term "Association" shall have the same meaning as the term "Council-of-Owners" in the Texas Condominium Act.
1.4. "Board" or "Board of Directors" shall mean and refer to the governing body of the Association.
1.5. "Bylaws" shall mean and refer to the Bylaws of the Association as amended from time to time.
1.8.
"Common Elements" shall mean and refer to both the General and Limited Common Elements described herein.
1.7. "Common Expenses" means and includes: 1.7.1. All sums lawfully assessed with respect to the Common Elements by the Board; 1.7.2. Expenses of administration and management, maintenance, repair or replacement of the Common Elements, as provided herein, including a reasonable reserve for such purposes; 1.7.3. Expenses agreed upon as Common Expenses by the Owners; and 1.7.4. All sums designated as Common Expenses by or pursu¬ ant to the Project Documents.
79149 1791
sonable reserve for such purposes; 1.7.3. Expenses agreed upon as Common Expenses by the Owners; and 1.7.4. All sums designated as Common Expenses by or pursu¬ ant to the Project Documents.
79149 1791 "Common Interest" means the proportionate undivided interest in the Common Elements which is appurtenant to each Unit as set forth in this Declaration.
1.9. "Condominium" or "Unit" shall mean one individual unit, together with an undivided interest in the Common Elements. The term "Condominium” or "Unit" shall have the same meaning as the term "apartment" as used in the Texas Condominium Act.
1.10. "Building” shall mean one or more of the structures presently erected on the Property containing two or more Units.
1.11. "Declarant” shall mean and refer to VILLA VERDE ASSOCIATES and its successors-in-interest and assigns, provided such successors or assigns are designated in writing by Declarant as a successor or assign of the rights of Declarant hereunder.
1.12. "Declaration" shall mean and refer to this enabling Declaration.
1.13. "General Common Elements” shall mean and include: 1.13.1. The land in the condominium regime as more particularly described on Exhibit "A" hereto.
1.13.2. To the extent not otherwise designated as Limited Common Elements, the foundations, common dividing walls between two or more Units or between Units and Common Elements, bearing walls and columns (including any windows, doors and chimneys therein), girders, beams, slaba, supports, roofs, attics, ceilings and floors, halls, lobbies, or thoroughfares such as stairways, entrances, exits or communication ways and any other portion of any Building located on the Property.
1.13.3. The grounds, yards, gardens, swimming pools, alubrooms, managerial offices, mail rooms, unassigned parking areas,
nication ways and any other portion of any Building located on the Property.
1.13.3. The grounds, yards, gardens, swimming pools, alubrooms, managerial offices, mail rooms, unassigned parking areas, fences, unassigned storage areas, streets, service drives, walks, service easements, recreational common areas, laundry rooms, boiler rooms, mechanical rooms, and areas used for storage of maintenance and janitorial equipment and materials, if any; 1.13.4. The installations consisting of the equipment and materials making up central services such as power, electricity, gas, water, sewer and the like which are intended to serve more than one Unit; 1.13.5. Parking spaces not yet designated with a Unit number and described on the Map attached hereto as unassigned parking spaces; provided, however, that Declarant expressly reserves the right unto itself and/or the Board of Directors at any time and from time to time to assign and to reassign parking spaces to Owners; and PALE VOL 7914) 1792 provided further, coincidental with the assignment or reassignment of any parking space, or after the assignment of all unassigned parking spaces, the Map attached hereto may be amended without the consent of any Owner for the purpose of designating any such parking space with a number corresponding to the Unit number, and thereafter such parking space shall be a Limited Common Element appurtenant to such Unit, subject to the right to reassign granted herein.
1.13.6. All other structures, facilities and equipment located on the Project necessary or convenient to its existence, maintenance, and safety, or normally in common use.
1.13.7. All other items not described as a Unit or a Limited Common Element.
1.13.8. All repairs, replacements and additions to any of the foregoing.
aintenance, and safety, or normally in common use.
1.13.7. All other items not described as a Unit or a Limited Common Element.
1.13.8. All repairs, replacements and additions to any of the foregoing.
1.14. "Institutional Lender" shall mean the Federal Home Loan Mortgage Corporation or other similar government agency; any bank, savings and loan association, insurance company, or other similar financial institution holding a recorded first Mortgage or Deed of Trust on any Unft.
1.15. "Limited Common Elements" shall mean those Common Elements reserved for the use of a specified Unit or Units to the exclusion of others, consisting of: 1.15.1. Parking spaces once assigned and designated with a Unit number in accordance with Section 1.13.5 hereof, subject to the right to reassign granted therein; 1.15.2. Patios, balconies, entrances, stairways and storage areas, if any, indicated on the Map as appurtenant Limited Common Elements to a specified Unit or Units; 1.15.3. The utilities, sewers, power, water, gas, electricity and other common lines running through the walls, ceiling or floor of each Unit and used only to service such Unit.
1.16. "Map," or "Condominium Plan" shall mean and refer to the engineering survey of the Phase I and Phase II property locating thereon all improvements , the floor and elevation plans and any other drawing or diagrammatic plan depleting a part of or all of the improvements, said Map being filed herewith as Exhibits "A," "A-1," "B," "B-1" through and including "B-17," "C ," and "C-1" and by this reference made a part hereof, as the same may be amended from time to time as herein provided. The Map sets forth, among other things, the legal description of the land and a survey thereof showing the location of each Building designated by 79140 1793
nded from time to time as herein provided. The Map sets forth, among other things, the legal description of the land and a survey thereof showing the location of each Building designated by 79140 1793 letter, a general-description-and-plat-of each Unit showing its square footage, Building location, floor and Unit number and a general description of the Common Elements.
1.17. "Member" shall mean and refer to a person entitled to membership in the Association as provided herein.
1.18. "Mortgage" or "Deed of Trust" shall mean a lien interest in a Unit given to a creditor as security for repayment of a loan made to the Unit Owner, said Interest to be evidenced by an instrument duly and properly recorded in the Deed of Trust Records of Dallas County, Texas.
1.19. "Mortgagee" shall mean the beneficiary or a holder of any first lien Deed of Trust or Mortgage.
1.20. "Owner" or "Owners" shall mean and refer to the record holder or holders of fee simple title of a Unit in the Project, but shall exclude Persons having any interest in a Unit merely as security for the performance of any obligation.
1.21. "Person" means a natural person, a corporation, a partnership, a trustee, or other legal entity.
1.22. "Phase" shall mean a particular parcel of property together with all improvements-now or hereafter erected thereon, all facilities and appurtenances thereto, and all property, real, personal or mixed, intended for use or used in connection with the property which is or may become part of the Project pursuant to the recordation of an amendment to this Declaration. The property described in Exhibit "A" attached hereto together with all improvements now or hereafter created thereon, all facilities and appurtenances thereto, and all property, real,
is Declaration. The property described in Exhibit "A" attached hereto together with all improvements now or hereafter created thereon, all facilities and appurtenances thereto, and all property, real, personal or mixed, intended for use or used in connection with the property shall be deemed to be the first phase of the Project ("Phase I property"), and the property described in Exhibit "A-1" together with all improvements now or hereafter created thereon, all facilities and appurtenances thereto, and all property, real, personal or mixed, intended for use or used in connection with the property shall be deemed to be the second phase of the Project only when an amendment to this Declaration as provided in Section 9.10 hereof is duly recorded ("Phase II property").
1.23. "Project Documents" means and includes this Declaration and the exhibits attached hereto, the Articles and Bylaws of the Association and the rules and regulations for the Members, as the same may be established or amended from time to time.
1.24. "Texas Condominium Act" or "Act" shall mean Article 1301a of the Texas Revised Civil Statutes, enacted in 1963, which permits the creation of condominium regimes, as same is amended or supplemented in any successor statute.
* AVE 7914) 17941 2.1.
“ARTICLE IL DIVISION OF PROJECT AND CREATION OF PROPERTY RIGHTS Division of Project. The Project is hereby divided into the following freehold estates and areas: On the Map attached hereto, the Buildings in the Project are lettered A through O, and the Units located thereon are numbered as shown on the Map.
2.1.1. Units. In determining dimensions of, and area contained within each Unit, the enclosed space within a Unit shall be measured from interior finished, unpainted surfaces of the perimeter
e Map.
2.1.1. Units. In determining dimensions of, and area contained within each Unit, the enclosed space within a Unit shall be measured from interior finished, unpainted surfaces of the perimeter walls, floors and ceflings, and the Unit shall include the airspace so encompassed. Included in each Unit, without limitation, shall be any finishing materials applied or affixed to the interior surfaces of the common exterior walls or interior walls, floors or ceilings (such as, but without limitation, paint, wallpaper, vinyl wall or floor covering, carpet and tile). The boundaries of each Unit shall be the interior surface of the perimeter walls, floors, ceilings, windows and doors.
Interior trim around windows and doors shall be a part of each Unit and shall not be a part of the Common Elements. The Unit does not Include "Common Elements" defined herein. It is expressly stipu lated, and each and every purchaser of a Unit, his heirs, executors, administrators, successors and assigns hereby agree that the square footage, size and dimensions of each Unit, as set out and shown in this Declaration or on the Condominium Plan are approximate and are shown for descriptive purposes only, and that the Declarant does not warrant, represent or guarantee that any Unit actually contains the area, square footage or dimensions shown by the Condominium Plan thereof. Each purchaser and Owner of a Unit, or interest therein, has had full opportunity and is under a duty to Inspect and examine the Unit purchased by him prior to the purchase thereof, and agrees that the Unit is purchased as actually and physically existing.
Each purchaser of a Unit hereby expressly waives any claim or demand which he may have against the Declarant or other seller of
d agrees that the Unit is purchased as actually and physically existing.
Each purchaser of a Unit hereby expressly waives any claim or demand which he may have against the Declarant or other seller of such Unit on account of any difference, shortage or discrepancy between the Unit as actually and physically existing and as it is shown on the Condominium Plan. Each Unit is subject to such encroachments and protrusions as are contained in each Building, whether the same now exist or may be later caused or created in any manner. In interpreting deeds and the Condominium Plan, the then existing physical boundaries of a Unit, whether in its original state or reconstructed in substantial accordance with the original plans thereof, shall be conclusively presumed to be its boundaries rather than the boundaries expressed in the deed or Condominium Plan, regard‐ less of settling, rising or lateral movement of any Building and regardless of minor variance between boundaries shown on the Condominium Plan or deed, and those of any Building.
0879140 1795 2.1.2. Common Elements. The remaining portion of the Property, referred to herein as "Common Elements," shall include all of the elements set forth in Section 1.6. Each Unit Owner shall have as an appurtenance to his Unit, an undivided percentage interest in the Common Elements, based upon the approximate size of his Unit in relation to the others, as set forth in Exhibit "C" attached hereto and by this reference made a part hereof. The ownership of each Condominium shall include a Unit and such undivided interest in the Common Elements. The Common Interest appurtenant to each Unit is declared to be permanent in character and cannot be altered once sold by Declarant without the consent of all the Owners of said Units
Common Elements. The Common Interest appurtenant to each Unit is declared to be permanent in character and cannot be altered once sold by Declarant without the consent of all the Owners of said Units and the Mortgagees of such Owners as expressed in an amended Declaration, except as provided in Sections 2.3, 9.5.3.2 and 9.10.
Such Common Interest cannot be separated from the Unit to which it is appurtenant. Each Unit Owner shall have a non-exclusive right to use the General Common Elements in accordance with the purposes for which they are intended without hindering the exercise of or encroaching upon the rights of any other Unit Owners.
In connection therewith, the owners of the Phase II property, their Mortgagees , bona-fide tenants and their guests and invitees shall have a nonexclusive right to use the swimming pool, patio areas immediately adjacent to said pool, walkways and paths leading to and from said pool area, all of which are part of the General Common Elements, pursuant to the terms and conditions of that certain Declaration of Mutual and Reciprocal Easements attached hereto as Exhibit "E" which is to be filed of record simultaneously with the recording of the Declaration. Notwithstanding the transfer of the ownership of the Common Elements to the Owners as tenants in common, the Declarant shall reserve and hereby reserves unto itself and to the Association or its designated agents an easement over and onto the Common Elements for common driveway purposes, for drainage and encroachment purposes and for ingress to and egress from the Common Elements for the purpose of completing improvements thereon, for the performance of necessary repair work, and for entry onto the Phase II property in connection with the development of
rom the Common Elements for the purpose of completing improvements thereon, for the performance of necessary repair work, and for entry onto the Phase II property in connection with the development of Phase II. Declarant further reserves unto itself and to the Association or its designated agents the right to establish easements, reservations, exceptions and exclusions consistent with the ownership of the Project and for the best interest of the Owners and the Association in order to serve the entire Project.
2.1.3. Limited Common Elements. The rights of an individual Owner in the Limited Common Elements shall consist of (1) an exclusive easement to use for vehicle parking purposes, the parking space or spaces specifically originally assigned or reassigned by Declarant or the Association to the Owner as being appurtenant to his Unit, if any; (2) an exclusive easement to use the utilities and lines described in Section 1.15.3; (3) an exclusive easement for ingress and egress over and for the use and enjoyment of the exterior stairs and landing area adjacent and appurtenant to the Unit (pro-777140 1796 vided, however, that such easement shall be shared with any other Unit to which such stairs and landing area are also adjacent and appurtenant); and (4) an exclusive easement to use a storage area, balcony or patio, if any, adjacent to and appurtenant to the Unit, as shown on the Condominium Plan.
2.2.
No Separate Conveyance of Undivided Interests. The foregoing interests and exclusive easements are hereby established and are to be conveyed only with the respective Units, and cannot be changed, except as herein set forth. Declarant and each Owner covenant and agree that the undivided interests in the Common
blished and are to be conveyed only with the respective Units, and cannot be changed, except as herein set forth. Declarant and each Owner covenant and agree that the undivided interests in the Common Elements, the exclusive easements of the Limited Common Elements, and the fee title to the respective Units conveyed therewith, shall not be separated or separately conveyed, and each such undivided interest and exclusive easement shall be deemed to be conveyed or encumbered with its respective Unit even though the description in the instrument of conveyance or encumbrance may refer only to the fee title to the Unit.
2.3. Partition Prohibited. The Common Elements shall remain undivided as set forth above so long as suitable for a condominium regime. Except as provided by the Texas Condominium Act, no Owner shall bring any action for partition, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Project. Judicial partition by sale of a single Unit owned by two or more persons and division of the sale proceeds is not prohibited hereby (but partition of title to a single Unit is prohibited). Notwithstanding the provisions of this Section 2.3 or of any other provisions contained herein to the contrary, Declarant has the right to partition or subdivide any Unit owned by Declarant, to redetermine the pro rata share of ownership in the Common Elements of those Units so partitioned or subdivided, and to amend the Declaration to include said changes.
☐ 3.1.
ARTICLE III.
ASSOCIATION, ADMINISTRATION, MEMBERSHIP AND VOTING RIGHTS Association to Manage Common Areas. The management of the Common Elements shall be vested in the Association in
changes.
☐ 3.1.
ARTICLE III.
ASSOCIATION, ADMINISTRATION, MEMBERSHIP AND VOTING RIGHTS Association to Manage Common Areas. The management of the Common Elements shall be vested in the Association in accordance with the terms of this Declaration and the Bylaws. A copy of the Bylaws which have been duly adopted by the Board of Directors of the Association is attached hereto as Exhibit "D" and incorporated herein by reference for all purposes; and all Owners of the Units and all holders of liens thereon shall be bound thereby. The Owners of all the Units covenant and agree that the administration of 7914) 1797 the Project shall be in accordance with the provisions of this Declaration, the Articles and the Bylaws, subject to the standards set forth in this Declaration and all applicable laws, regulations and ordinances of any governmental or quasi-governmental body or agency having jurisdiction over the Project or the Association, as same may be amended from time to time.
3.2.
Membership. Any Person, upon becoming the Owner of a Unit, shall automatically be a Member of the Association, and shall remain a Member thereof in accordance with the Articles and the Bylaws until such time as his ownership of said Unit ceases for any reason, at which time his membership in the Association shall automatically cease.
3.3. Transferred Membership. Membership in the Association shall not be tranferred, pledged, or alienated in any way, except upon the tranfer of ownership of the Unit to which it is appurtenant, and then only to the new Owner. Any attempt to make a prohibited tranfer is void. In the event the Owner of any Unit should fail or refuse to transfer the membership registered in his name to the purchaser of his Unit, the Association shall have the right to record the transfer
id. In the event the Owner of any Unit should fail or refuse to transfer the membership registered in his name to the purchaser of his Unit, the Association shall have the right to record the transfer upon its books.
3.4. Voting Rights. The Owner or Owners of each Unit shall be entitled to one vote, the value of which shall equal the Common Interest assigned to said Owner's or Owners' Unit, as set forth in Exhibit "C" hereto.
3.5. Board of Directors. The affairs of the Association shall be managed by a Board of Directors which has been established and which shall conduct regular and special meetings according to the provisions of the Bylaws.
ARTICLE IV.
MAINTENANCE AND ASSESSMENTS Personal Obligation of Assessments. Declarant, for each Unit owned within the Project, hereby covenants, and each Owner of any Unit by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed, as a part of the purchase money consideration for such deed and conveyance, to covenant and agree to pay to the Association: (1) regular monthly Assessments or charges, and (2) special Assessments for capital improvements and unexpected expenses, such Assessments to be established and collected as provided herein, in the Bylaws and in the Rules and Regulations of the Association. No Owner of a Unit may exempt himself from liability for his contribution toward the Common Expenses by waiver of the use or enjoyment of any of the Common Elements or by the abandonment of his Unit.
4.2. Purposes of Assessments. The Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of 79149 1798 all the residents in the entire Project for the improvement and maintenance of the
vied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of 79149 1798 all the residents in the entire Project for the improvement and maintenance of the Common Elements for the common good of the Project. The Board may use said Assessments for said purposes, including, without limitation, providing for the enforcement of the provisions of this Declaration, the Bylaws and the Rules and Regulations promulgated thereunder. The decision of the Board with respect thereto shall be final so long as made in good faith. Annual Assessments shall include an adequate reserve fund for maintenance, repairs and replacement of the Common Elements. The Limited Common Elements shall be maintained as General Common Elements, and Owners having exclusive use thereof shall not be subject to any special charges or Assessments for the repair or maintenance thereof except as otherwise provided in the Bylaws and herein, including but not limited to, Sections 5.2 and 9.7 hereof.
4.3. Regular Monthly Assessments and Creation of Lien. All Owners shall be obligated to pay the Assessments imposed by the Board of Directors of the Association. The total amount of the estimated funds required from Assessments to operate the Project shall be set forth in a budget adopted by the Board of Directors and shall be assessed against each Owner in proportion to the Common Interest of such Owner as set forth herein, provided, however, that said Assessments based on said Common Interests may be rounded off to the nearest dollar figure. Payment of said Assessments by each Owner shall be secured by a lien against said Owner's Unit, subject to the provisions hereof.
Declarant hereby reserves and assigns to the Association, without recourse, a vendor's lien against
y each Owner shall be secured by a lien against said Owner's Unit, subject to the provisions hereof.
Declarant hereby reserves and assigns to the Association, without recourse, a vendor's lien against each Unit to secure the payment of any regular or special Assessment which may be levied pursuant to the terms hereof, and the expenses incurred in connection with the enforcement thereof, including, without limitation, interest at the rate provided in Section 4.5, costs and reasonable attorneys' fees . Said liens may be enforced by appropriate judicial proceedings, and the amounts secured thereby shall be the obligation of and chargeable to the Owner in default . Any such Hen shall be and is subordinate and inferior only to the following: (1) assessments, liens and charges in favor of the State of Texas and any political subdivision thereof for taxes past due and unpaid on such Unit; and (ii) amounts due under any first lien Mortgage instruments duly recorded prior to the recordation of any lien assessment as provided in Section 4.5.
4.4. Special Assessments. In addition to the regular monthly Assessments authorized above, the Board may levy, in any year, one or more special Assessments applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any capital improvements upon the Common Elements, including fixtures and personal property related thereto, or to defray any unanticipated or underestimated expense or other action or undertaking normally covered by a regular assessment (and , where Said special necessary, for taxes assessed against the Common Elements).
Assessments shall be assessed against each Owner in proportion to the Common
mally covered by a regular assessment (and , where Said special necessary, for taxes assessed against the Common Elements).
Assessments shall be assessed against each Owner in proportion to the Common Interest of such Owner as set forth herein. Special Assessments may also be levied against an individual Unit and Its Owner to reimburse the Association for costs incurred in bringing that Owner and his Unit into compliance with the provisions of this Declaration and the Bylaws including actual attorneys' fees and costs . Said special Assessments may be subject to such limitations as are provided in the Bylaws.
73140 1799 -10-Assessment. Lien. All sums assessed but unpaid for the share of Assessments chargeable to any Unit, including interest thereon at the rate of ten percent (10%) per annum from the date such Assessments are due until sald Assessments are paid, subject to the provisions hereof limiting the interest contracted for, charged or received to the maximum permitted by applicable law, shall constitute a lien on such Unit superior to all other lens and encumbrances , except as provided in Section 4.3. The Board of Directors or a managing agent appointed by the Board ("Managing Agent") may ( but shall not be required to ) prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the Owner of the Unit and a description of the Unit . Such notice shall be signed by one of the members of the Board of Directors or by one of the officers of the Association or by a representative of the Managing Agent and may be recorded in the office of the County Clerk of Dallas County, Texas.
Such lien may be enforced by the foreclosure of the defaulting Owner's Unit by the Association in like manner as a mortgage on real property subsequent to the
the County Clerk of Dallas County, Texas.
Such lien may be enforced by the foreclosure of the defaulting Owner's Unit by the Association in like manner as a mortgage on real property subsequent to the recording of a notice provided for above. In any such proceeding, the Owner shall be required to pay the costs, expenses and attorney's fees incurred in connection with filing the lien, and In the event of any foreclosure proceeding, all additional costs, expenses and attorney's fees incurred in connection with any such foreclosure proceeding. The Owner of the Unit being foreclosed shall be required to pay to the Association the monthly Assessment for the Unit during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same.
The Association shall have the power to bid on the Unit at foreclosure or other legal sale and to acquire and hold, lease, mortgage, vote the votes appurtenant to, convey or otherwise deal with the same. Any Mortgagee holding a lien on a Unit may pay, but shall not be required to pay, any unpaid Assessments owing with respect to such Unit, but such payment shall not be deemed a waiver of the Owner's default by either the Association or such Mortgagee .
The amount of the Common Expenses assessed against each Unit shall also be a debt of the Owner thereof at the time the Assessment is made. Sult to recover a money judgment for unpaid Common Expenses shall be maintainable without foreclosing or waiving the lien securing same.
Each Owner, by acceptance of a deed to a Unit, hereby expressly vests in the Association or its agents the right and power to bring all actions against such Owner personally for the collection of such charges as a debt , and to enforce the
a Unit, hereby expressly vests in the Association or its agents the right and power to bring all actions against such Owner personally for the collection of such charges as a debt , and to enforce the aforesaid liens by all methods available for the enforcement of such liens, including non-judicial foreclosure pursuant to Article 3810 of the Texas Revised Civă Statutes, and such Owner hereby expressly grants to the Association the private power of sale in connection with said Hens. The Association may also temporarily suspend the Association membership rights of any Owner who is in default in payment of any Assessment in accordance with the Bylaws .
4.6. Date of Commencement of Assessment; Due Dates. The regular monthly Assessments provided for herein shall commence as to all Units in the Project on the first day of the month following the conveyance by deed of the first Unit in the Project. Thereafter, due dates of regular monthly Assessments shall be the first day of each and every subsequent calendar month. No notice of such Assessments or the due dates thereof shall be required other than an annual notice .i FACE 79140 1800 -11_ setting forth the amount of the regular monthly Assessments. The due date of any special Assessment shall be the due date specified by the Association in the notice of such special Assessment delivered by the Association to each Owner; provided, however, such due date shall in no event be less than thirty (30) days subsequent to the date of such notice.
4.7. Transfer of Unit by Sale or Foreclosure. Sale or transfer of any Unit shall not affect the Assessment Hen. However, the sale or transfer of any Unit pursuant to foreclosure of a Mortgage, or by deed or other transfer in lieu thereof,
losure. Sale or transfer of any Unit shall not affect the Assessment Hen. However, the sale or transfer of any Unit pursuant to foreclosure of a Mortgage, or by deed or other transfer in lieu thereof, shall extinguish the lien of such Assessments as to payments which become due prior to such sale or transfer (except for Assessments which became due prior to the recordation of such Mortgage). No such sale or transfer shall relieve such Unit from liability for any Assessments thereafter becoming due or from the len thereof. When any Mortgages of a Mortgage obtains title to a Unit as a result of foreclosure of such Mortgage, or by deed or other conveyance in lieu thereof, such Mortgagee shall not be liable for the unpaid dues or charges of the Association chargeable to such Unit which accrued subsequent to the recordation of such Mortgage and prior to the acquisition of title to such Unit by such Mortgagee.
Such unpaid dues or charges shall be deemed to be Common Expenses collectible from all of the Units including the Unit acquired by such Mortgagee. In a voluntary conveyance of a Unit (other than a deed or conveyance to a Mortgagee in lieu of foreclosure), the grantee of the same shall be jointly and severally llable with the grantor for all unpaid¨Assessments by the Association against the latter for his share of the Common Expenses up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. However, any such grantee, upon payment to the Association of a reasonable fee not to exceed Twenty-Five and no/100 Dollars ($25.00) and upon written request, shall be entitled to a statement from the Association, setting
ntee, upon payment to the Association of a reasonable fee not to exceed Twenty-Five and no/100 Dollars ($25.00) and upon written request, shall be entitled to a statement from the Association, setting forth the amount of any unpaid Assessments then due and owing to the Association with respect to the Unit being purchased, and such grantee shall not be liable for, nor shall the Unit conveyed be subject to a lien for, any unpaid Assessments made by the Association against the grantor in excess of the amount set forth in the statement and applicable to a period of time prior to the date of such statement; provided, however, the grantee shall be liable for any such Assessments becoming due after the date of any such statement.
4.8. Payment of Taxes Assessed Against Common Elements or Personal Property of Association. In the event that any taxes are assessed against the Common Elements, or the personal property of the Association, rather than against the Units, said taxes shall be included in the Assessments made under the provisions of this Article, and, if necessary, a special Assessment or Assessments may be levied against the Units in an amount equal to said taxes, to be paid thirty (30) days prior to the due date thereof.
-1279140 1801 5.1.
ARTICLE V.
DUTIES AND POWERS OF THE ASSOCIATION Duties and Powers. In addition to the duties and powers enumerated in the Bylaws and the Articles, or elsewhere provided for herein, and without limiting the generality thereof, the Association shall: 5.1.1. Maintain, repair, replace, restore, operate and manage all of the Common Elements and all facilities, improvements, furnishings, equipment and landscaping thereon, and all property that may be acquired by the Association in good condition. This obligation
l of the Common Elements and all facilities, improvements, furnishings, equipment and landscaping thereon, and all property that may be acquired by the Association in good condition. This obligation shall not extend to any portion or facility of the Common Elements required to be maintained by an individual Owner under this Declaration (specifically including, but not limited to, Sections 5.2, 5.3 and 9.7) or the Bylaws.
5.1.2. Enforce the provisions of this Declaration by appropriate means, including, without limitation, the expenditures of funds of the Association, the employment of legal counsel and the commencement and prosecution of actions.
5.1.3. Maintain such policy or policies of insurance as are required by this Declaration or as the Board deems necessary or desirable in furthering the purposes of, and protecting the interests of, the Association and its Members.
5.1.4. Grant and reserve easements where necessary or desireable for utilities and utility facilities over the Common Elements and Units to serve the Common Elements and the Units.
5.1.5. Have the authority to employ a manager or other persons and to contract with independent contractors or managing agents to perform all or any part of the duties and responsibilities of the Association, subject to the Bylaws and restrictions imposed by any governmental or quasi-governmental body or agency having jurisdiction over or interest in the Project, specifically including, but not limited to, the Federal Home Loan Mortgage Corporation.
5.1.6. Keep or cause to be kept records with detailed accounts of the income, receipts and expenditures affecting the Project and its administration, specifying the maintenance and repair expenses with regard to the Common Elements and any other expenses incurred by
the income, receipts and expenditures affecting the Project and its administration, specifying the maintenance and repair expenses with regard to the Common Elements and any other expenses incurred by or on behalf of the Project or Association. The records so kept shall be available for inspection by all Owners and Mortgagees of Units during regular business hours of the Association that shall be set and announced for general knowledge. All records shall be kept in accordance with generally accepted accounting principles and shall be audited at least once a year by an independent auditor. Copies of ACE 73140 1802 -13the auditor's reports shall be made available to all Owners and Mortgagees upon written request and the payment of the reasonable reproduction costs of such report as established by the Board or Managing Agent.
5.1.7. Adopt reasonable rules not inconsistent with this Declaration, the Articles, or the Bylaws relating to the use of the Common Elements and all facilities thereon, and the conduct of Owners and their tenants and guests with respect to the Project and other Owners.
5.2.
Maintenance of Project by Association. The Association shall provide maintenance of the Project as provided in the Bylaws. The responsibility of the Association for maintenance and repair shall not extend to the cost and expense of repairs or replacements arising out of or caused by the willfull or negligent act or neglect of any Owner, or his guests, tenants or invitees. The cost and expense of repair or replacement of a Unit exterior or of any portion of the Common Elements resulting from such excluded Items shall be the responsibility of such Owner who (or whose guests, tenants or invitees) neglects or willfully damages such excluded
f any portion of the Common Elements resulting from such excluded Items shall be the responsibility of such Owner who (or whose guests, tenants or invitees) neglects or willfully damages such excluded items. The Association may cause such repairs and replacements to be made at such Owner's sole cost and expense, and if said Owner shall fail to pay for such repairs or replacements upon demand, the cost thereof (plus interest from the date of payment(s) at the maximum legal rate) shall be added to the Assessments chargeable to such Unit and shall be payable-to-the Association by the Owner of such Unit upon demand.
5.3.
Association Basements and Access to Units. For the purpose of performing the maintenance, repair or replacement authorized by this Article or for any other purpose reasonably related to the performance by the Board of its responsibilities under this Declaration, the Association (and its agents and employees) have an easement over and onto all portions of the Common Elements, and shall also have the right, after reasonable notice to the Owner, and at reasonable hours, to enter any Unit for such purposes and to enter any Unit without notice at any time in the event of an emergency. Should any Owner change any lock on any entrance to his Unit, such Owner shall immediately provide to the Board a key to the new lock. Damage to the interior or any part of a Unit or Units resulting from the maintenance, repair, emergency repair or replacement of any of the Common Elements or as a result of emergency repairs within another Unit at the Instance of the Association shall be a Common Expense of all of the Owners; provided, however, that if such damage is the result of the neglect, misuse or negligence of
airs within another Unit at the Instance of the Association shall be a Common Expense of all of the Owners; provided, however, that if such damage is the result of the neglect, misuse or negligence of an Owner, then such Owner shall be responsible and liable for all such damage. All damaged improvements shall be restored to substantially the same condition of such improvements prior to damage. All maintenance, repairs and replacements as to the General Common Elements, whether located under or outside of Units (unless necessitated by the neglect, negligence or misuse by an Owner or his guests, tenants or invitees, in which case such expense shall be charged to such Owner) shall be the Common Expenses of all the Owners.
8.4. Reciprocal Easements. Simultaneously with the recording of this Declaration, Declarant shall record the Declaration of Mutual and Reciprocal -1479140 1803 Easements Concerning Ingress, Egress, Parking, Utilities and the Use of Recreational Facilities attached hereto as Exhibit "E" and incorporated herein by reference for all purposes to provide certain rights and privileges to the owners of Phase I property and Phase II property, their mortgagees, guests, invitees, bonafide tenants and said tenants' guests and invitees in the event that the Declaration is not amended to include the Phase II property in the Project. Said easements shall (a) reserve for the benefit of the owners of Phase II property, mortgagees thereof, bona-fide tenants and their guests and invitees and for the benefit of the Owners of Phase I property, mortgagees thereof, guests, invitees, bona-fide tenants and their guests and invitees certain utility easements and easements for ingress and egress as more fully described in said Exhibit "E" in the event that the
reof, guests, invitees, bona-fide tenants and their guests and invitees certain utility easements and easements for ingress and egress as more fully described in said Exhibit "E" in the event that the Declaration is not amended to include the Phase II property in the Project; (b) reserve for the benefit of the owners of Phase II, mortgagees thereof, bona-fide tenants and their guests and invitees certain privileges to use the recreational facilities on Phase I as described in said easement.
8.1.
ARTICLE VI.
UTILITIES Owners' Rights and Duties. The rights and duties of the Owners of Units within the Project with respect to utilities shell be as follows:8.1.1. Each Owner shall pay for his own utilities which are separately metered and billed to each Unit by the respective utility companies or submetered and billed to each Unit by the Association.
Any such utility expenses billed to each Unit by the Association shall be deemed to be special Assessments hereunder and shall be secured by the lien reserved in Section 4.3. Utility expenses which are not metered or submetered and separately billed shall be part of the Common Expenses and each Owner shall pay his pro-rata share thereof as in the case of other Common Expenses.
8.1.2. Whenever sanitary sewer, water, electric, gas, television receiving, or telephone lines or connections, heating or airconditioning conduits, ducts, or flues (such items being hereinafter collectively called the "connections") are located or installed within the Project, which connections, or any portion thereof, lie in or upon more than one Unit, Declarant reserves for the use and benefit of the Association the right and an easement to the full extent reasonably necessary therefor, to enter upon the Units or to have the utility
than one Unit, Declarant reserves for the use and benefit of the Association the right and an easement to the full extent reasonably necessary therefor, to enter upon the Units or to have the utility companies enter upon the Units in or upon which said connections, or any portion thereof He, to repair, replace and generally maintain said conections as and when reasonably necessary; provided, however, the exercise of such easement rights shall be in a manner reasonably calculated to cause as minimal interference with the continued use and occupancy of the Units so affected by the Owners thereof, while still adequately serving the purposes for which they are granted.
-157314) 1804 8.1.3. Whenever connections are located or installed within the Project, which connections serve more than one Unit, the Owner of each Unit served by said connections shall be entitled to the full use and enjoyment of such portions of said connections as service his Unit.
6.2.
Easement for Utilities and Maintenance. Easements over and under the Property for the installation, repair, and maintenance of sanitary sewer, water, electric, gas, and telephone lines and facilities, heating and air-conditioning facilities, cable or master television antenna lines, drainage facilities, walkways, and landscaping as are shown on the Map, and as may be hereafter required to serve the Property, are hereby reserved by Declarant for the use and benefit of the Association, together with the right to grant and transfer the same.
6.3. Association's Duties. The Association shall maintain all utility installations located in the Common Elements except for those installations maintained by utility companies, public, private, or municipal. The Association
. The Association shall maintain all utility installations located in the Common Elements except for those installations maintained by utility companies, public, private, or municipal. The Association shall pay all charges for utilities supplied to the Project except those metered or submetered and charged separately to the Units.
ARTICLE VⱭ.
USE RESTRICTIONS In addition to all of the covenants contained herein, the use of the Project and each Unit therein is subject to the following: 7.1. Use of Individual Units. No Unit shall be occupied and used except for residential purposes by the Owners, their tenants, and social guests, and no trade or business shall be conducted therein; provided, however, that Declarant may use any Unit or Units in the Project owned by Declarant for a model home site or sites and display and sales office until the last Unit in the entire Project is sold.
No more than four (4) individuals may occupy a three (3) bedroom Unit; no more than three (3) individuals may occupy a two (2) bedroom Unit; and no more than two (2) individuals may occupy a one (1) bedroom Unit; provided, however, that in determining the number of bedrooms in a Unit, a den shall be counted as a bedroom.
7.3.
Nuisances. No noxious, illegal, or offensive activities shall be carried on in any Unit or in any part of the Project, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to, or which may in any way interfere with, the quiet enjoyment of each of the Owners of his respective Unit, or which shall in any way increase the rate of insurance for the Project, or cause any insurance policy to be cancelled or cause a refusal to renew the same, or which will impair the structural integrity of any Building.
7.3.
increase the rate of insurance for the Project, or cause any insurance policy to be cancelled or cause a refusal to renew the same, or which will impair the structural integrity of any Building.
7.3.
Vehicle Restrictions. No trailer, camper, mobilehome, Recreational Vehicle, commercial vehicle, truck (other than standard size pickup truck), 7914) 1805 -16: inoperable automobile, boat or similar equipment shall be permitted to remain upon any area within the Project, other than temporarity (for purposes of loading and unloading of passengers or personal property), unless in an area specifically designated for such purpose by the Board. Commercial vehicles shall not include sedans or standard size pickup trucks which are used both for business and personal use, provided that any signs or markings of a commercial nature on such vehicles shall be unobtrusive and inoffensive as determined by the Board. No noisy or smoky vehicles shall be operated on the Project. No off-road unlicensed motor vehicles shall be maintained or operated upon the Project, except as may be reasonably necessary to the execution of the rights or duties of the Association under this Declaration.
7.4. Signs. Declarant may place signs in or around the common walks and drives and use the Common Elements for sales purposes until the last Unit in the last Phase of the entire Project is sold. Owners other than Declarant, however, are prohibited from placing "for sale," "for rent" or any other signs in or around the Common Elements or displaying signs to the public view on any Unit or any portion of the Project.
7.5. Animals. No animals or birds of any kind shall be raised, bred, or kept in any Unit, or on any portion of the Project except as permitted in the
ic view on any Unit or any portion of the Project.
7.5. Animals. No animals or birds of any kind shall be raised, bred, or kept in any Unit, or on any portion of the Project except as permitted in the Bylaws or in the rules and regulations adopted by the Board and published from time to time.
7.6. Garbage and Refuse Disposal. All rubbish, trash and garbage shall be regularly removed from - the - Project and shall not be allowed to accumulate thereon. Trash, garbage and other waste shall not be kept except in sanitary containers in accordance with the Bylaws and the rules and regulations adopted by the Board and published from time to time. All equipment, garbage cans, woodpiles, or storage piles shall be kept screened and concealed from view of other Units, streets, and the Common Elements, 7.7. Radio and Television Antennas. No alteration to or modification of a central radio or television antenna system or cable television system, whichever is applicable, shall be permitted, and no Owner shall be permitted to construct, use, or operate his own external radio, television antenna, or other electronic antenna without the prior written consent of the Board. No Citizens Band transmitter or other transmission device shall be permitted on the Project without the prior written consent of the Board.
7.8. Right to Lease. The respective Units shall not be rented by the Owners thereof for transient or hotel purposes, which shall be defined as rental for any period less than thirty (30) days. Subject to the foregoing restrictions and to those of Section 7.8 hereof, the Owners of the respective Units shall have the absolute right to lease the Units provided that the lease is made subject to the covenants, conditions, easements, restrictions, limitations, liens for Common
rs of the respective Units shall have the absolute right to lease the Units provided that the lease is made subject to the covenants, conditions, easements, restrictions, limitations, liens for Common Expenses and uses contained in this Declaration and the Bylaws, and any rules and regulations adopted by the Board and published from time to time. Notwithstanding any of the foregoing, the right of Declarant to rent or lease Units until their initial transfer to any third party or parties is hereby specifically reserved.
FIL PACE 73140 1806 -17: ' 7.9. Mortgaging a Unit Priority. Any Owner shall have the right from time to time to mortgage or encumber his interest by deed of trust; mortgage or other security instrument. A first Mortgage shall be one which has first and paramount priority under applicable law. An Owner may create and grant a second lien mortgage or deed of trust against his Unit on the following conditions: (1) That any such second lien mortgage or deed of trust shall always be subordinate to all of the terms, conditions, covenants, restrictions, uses, limitations, easements, obligations and liens for Common Expenses and other payments created by this Declaration and by the By-Laws; (2) That the mortgagee under any second lien mortgage or deed of trust shall release by written recordable instrument, for the purpose of restoration of any improvements upon the mortgaged premises, all of his right, title and interest in and to the proceeds under all insurance policies upon said premises, which insurance policies were effected and placed upon the mortgaged premises by the Association. Such release shall be furnished to the Association by the mortgagee under any second lien mortgage or deed of trust promptly following
fected and placed upon the mortgaged premises by the Association. Such release shall be furnished to the Association by the mortgagee under any second lien mortgage or deed of trust promptly following written request therefor by the Association.
7.10. Power Equipment and Car Maintenance. No power equipment, work shops, or car maintenance of any nature whatsoever shall be permitted on the Project except with prior written approval of the Board. In deciding whether to grant approval, the Board shall consider the effects of noise, air pollution, dirt or grease, fire hazard, interference with radio or television reception, and similar objections.
-7.11. - Liability of Owners for Damage to Common Elements. The Owner of each Unit shall be liable to the Association for all damages to the Common Elements or improvements thereon caused by the neglect, misuse or negligence of such Owner or any tenant or other occupant of his Unit, guest or invitee.
7.12. No Warranty of Enforceability. While Declarant has no reason to believe that any of the restrictive covenants or other terms and provisions contained in this Article VII or elsewhere in this Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such restrictive covenants, terms or provisions. Any Owner acquiring a Unit in the Project in reliance on one or more of such restrictive covenants, terms or provisions shall assume all risks of the validity and enforceability thereof and, by acquiring the Unit agrees to hold Declarant harmless therefrom.
ARTICLE VIII.
ARCHITECTURAL CONTROL FAGE 79140 1807 8.1. Prohibition of Alteration and Improvement. Subject to the exemption
eof and, by acquiring the Unit agrees to hold Declarant harmless therefrom.
ARTICLE VIII.
ARCHITECTURAL CONTROL FAGE 79140 1807 8.1. Prohibition of Alteration and Improvement. Subject to the exemption of Declarant under Section 9.10 below, no building, fence, wall, obstruction, balcony, screen, patio, patio cover, tent, awning, carport, carport cover, improvement, or structure of any kind shall be commenced, erected, painted or maintained upon the Project, nor shall any alteration or improvement of any kind be made -18thereto (save and except for repainting and redecorating of the interior of a Unit by an Owner) until the same has been approved in writing by the Board or by an Architectural Control Committee (the "Committee") appointed by the Board and/or Declarant as provided in this Article.
8.2. Plans and Approval. Plans and specifications showing the nature, kind, shape, color, size, materials and location of such improvements or alterations, shall be submitted to the Board or Committee for approval as to such matters as quality of workmanship and design and harmony of structural and external design with existing structures, and as to location in relation to surrounding structures, topography, and finish grade elevation. No permission or approval shall be required to rebuild in accordance with Declarant's original plans and specifications, or to rebuild in accordance with plans and specifications previously approved by the Board or Committee. No landscaping of patios or yards visible from the street, from other Units or from the Common Elements shall be undertaken by any Owner until plans and specifications showing the nature, kind, shape, design and location of the proposed materials shall have first been submitted
from the Common Elements shall be undertaken by any Owner until plans and specifications showing the nature, kind, shape, design and location of the proposed materials shall have first been submitted to and approved in writing by the Board or Committee.
8.3. Architectural Control Committee. The number, appointment and term of members of the Committee shall be as provided in the Bylaws, subject to the following limitations: 8.3.1. If a Committee is appointed, there shall be not less than three (3) nor more than five (5) members of the Committee.
8.3.2. Declarant may appoint all of the original members of the Committee and all replacements until the last Unit in the last Phase of the entire Project is sold. Thereafter, the Board shall have the power to appoint all of the members of the Committee. Committee members appointed by the Declarant need not be Members of the Association. Committee members appointed by the Board shall, however, be from the membership of the Association.
ARTICLE IX.
GENERAL PROVISIONS 13 PAGE 79140 1808 9.1. Enforcement. The Association, any Owner, and any governmental or quasi-governmental agency or municipality having jurisdiction over the Project shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, liens, and charges now or hereafter imposed by this Declaration, and in such action shall be entitled to recover costs and reasonable attorneys' fees as are ordered by the Court; provided, however, that an individual Owner shall have no right to enforce the collection of any Assessment levied against any other Owner under Article IV above. Failure by any such Person to enforce any such provision shall in no event be deemed a waiver of the right to do so thereafter.
of any Assessment levied against any other Owner under Article IV above. Failure by any such Person to enforce any such provision shall in no event be deemed a waiver of the right to do so thereafter.
-199.2. Invalidity of Any Provision. Should any provision of this Declaration be declared invalid or in conflict with any law of the jurisdiction where the Project is situated, the validity of all other provisions shall remain unaffected and in full force and effect.
9.3. Encroachment and Protrusion Easements.
Project is hereby declared to have an easement over all adjoining Units and the Each Unit within the Common Elements for the purpose of accommodating any encroachment and/or protrusion due to engineering errors, errors in original construction, settlement or shifting of any Building, or any other cause.
There shall be valid easements for the maintenance of said encroachments and/ or protrusions as long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment, protrusion, settlement or shifting; provided, however, that in no event shall a valid easement for encroachment or protrusion be created in favor of an Owner or Owners if said encroachment or protrusion occurred due to the willful misconduct of said Owner or Owners.
In the event a structure is partially or totally destroyed, and then repaired or rebuilt, the Owners of each Unit agree that minor encroachments and/or protrusions over adjoining Units or Common Elements shall be permitted and that there shall be a valid easement for the maintenance of said encroachments and/or protrusions so long as they shall exist.
9.4. Termination of Mechanic's Lien Rights and Indemnification. No labor performed or materials furnished and
for the maintenance of said encroachments and/or protrusions so long as they shall exist.
9.4. Termination of Mechanic's Lien Rights and Indemnification. No labor performed or materials furnished and incorporated in a Unit with the consent or at the request of an Owner or his agent, contractor or subcontractor shall be the basis for the filing of a lien against either the Common Elements or the Unit of any other-Owner not expressly consenting to or requesting the same. Each Owner shall indemnify and hold harmless each of the other Owners from and against any and all Hability arising from any such claims or liens against the Units of any other Owners or against the Common Elements for construction performed or for labor, materials, services or other products incorporated in the indemnifying Owner's Unit at such indemnifying Owner's request.
9.5.
Mortgage Protection Clauses.
9.5.1. Rights of Mortgagees. No breach of any of the covenants , conditions and restrictions contained in this Declaration, nor the enforcement of any len provisions herein, shall render invalid the lien of any first lien Mortgage (meaning a Mortgage with first priority over any other mortgage ) on any Unit made in good faith and for value, but all of said covenants , conditions and restrictions shall be binding upon and effective against any Owner whose title is derived through foreclosure or trustee's sale, or otherwise, unless otherwise provided herein.
9.5.2. Notice to Lenders. All Institutional Lenders that have filed with the Association an appropriate written request, shall be entitled to receive the following notices in writing from the Associa™ tion: 9.5.2.1. Notice of any proposed change in the 79140 1809 -20Project Documents, which notice shall be given thirty-
all be entitled to receive the following notices in writing from the Associa™ tion: 9.5.2.1. Notice of any proposed change in the 79140 1809 -20Project Documents, which notice shall be given thirty(30) days prior to the effective date of such change; 9.5.2.2. Notice of default by the Owner or grantor of any Mortgage on a Unit (the beneficial interest in which is held by said Institutional Lender) in the performance of such Owner's or grantor's obligations under the Project Documents, which default is not cured within sixty (60) days.
9.5.2.3. Notice of any damage or destruction to any individual Unit subject to a Mortgage (the beneficial interest in which is held by said Institutional Lender), which damage exceeds One Thousand Dollars ($1,000.00), which notice shall be given immediately upon the Board's obtaining knowledge of such damage or destruction; and 9.5.2.4. Notice of any loss to or taking of any portion of the Common Elements or facilities or improvements thereon, which loss or taking exceeds Ten Thousand Dollars ($10,000.00), which notice shall be given immediately upon the Board's obtaining knowledge of such loss or taking.
9.5.3. Changes Requiring Lender Approval. Without the prior written approval of at least sixty-six and two-thirds percent (68-3/3%) of the Institutional Lenders (based upon one (1) vote for each Mortgage owned) and sixty-six and two-thirds percent (66-2/3%) of the undivided interest in the Common Elements held by the Owners other than Declarant (except to the extent a higher percentage of approval may be expressly required elsewhere herein or by applicable law), the Association shall not be entitled to: 9.5.3.1. By act or omission, seek to abandon or terminate the Condominium Project, except for aban-
expressly required elsewhere herein or by applicable law), the Association shall not be entitled to: 9.5.3.1. By act or omission, seek to abandon or terminate the Condominium Project, except for abandonment or termination of the Project provided by law, in case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; 8.5.3.2. Change the pro rata interest or obligations of any Unit for the purpose of (i) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards, or (ii) determining the pro rata share of ownership of each Unit in the Common Elements; provided, however, that nothing herein shall prevent Declarant from redetermining and reallocating between Units owned by Declarant the pro rata share of ownership in the PAGE 793149 1810 -21Common Elements of such Units owned by Declarant.
which Declarant combines, partitions or subdivides prior to sale of such Units to a third party; 8.5.3.3. Partition or subdivide any Unit, except as provided in Section 2.4, provided that nothing contained herein or in Section 2.4 shall prevent Declarant from combining, partitioning or subdividing Units owned by Declarant; 9.5.3.4. By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Common Elements (The granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Elements by the Project shall not be deemed a transfer within the meaning of this clause); 9.5.3.5. Use hazard insurance proceeds for losses to any property on the Project (whether to Units or to Common Elements) for other than the repair, replacement or reconstruction thereof, except as pro-
5.3.5. Use hazard insurance proceeds for losses to any property on the Project (whether to Units or to Common Elements) for other than the repair, replacement or reconstruction thereof, except as provided by applicable statute in case of substantial loss or damage to the Units and/or the Common Elements.
9.5.4. Mortgage Priority: Right to Inspect Records. Notwithstanding any language contained in this Declaration or the other Project Documents to the contrary, no Owner or other party shall have priority over any rights of the Mortgagee of any Unit pursuant to its Mortgage in the case of a distribution to the Owner of such Unit of insurance proceeds or condemnation awards for losses to or taking of all or a portion of such Unit and/or Common Elements.
Institutional Lenders shall have the right to examine the books and records of the Association at all reasonable times during regular business hours of the Association.
9.5.5. Compliance with FHLMC Regulations. The Declarant intends that the Project shall comply with all requirements of the Federal Home Loan Mortgage Corporation ("FHLMC") pertaining to the purchase by FHLMC of conventional home loans. Declarant and all Owners therefore agree that, notwithstanding anything to the contrary contained herein, in the event the Project or any of the Project Documents do not comply with the FHLMC requirements, the Declarant and/or the Board shall have the power (on behalf of the Association and each and every Owner) to amend the terms of this Declaration and the Bylaws and/or to enter into any agreement with FHLMC (or its designee) or the Mortgagees of the Units reasonably required by FHLMC or the Mortgagees to allow the Project to comply with such requirements.
-22779140 1811
er into any agreement with FHLMC (or its designee) or the Mortgagees of the Units reasonably required by FHLMC or the Mortgagees to allow the Project to comply with such requirements.
-22779140 1811 9.5.6. Taxes, Assessments, and Charges Which May Become Liens. All taxes, assessments, and charges which may become liens prior to any first Hen Mortgage under local law shall relate only to the individual Units and not to the Project as a whole.
9.8. Revocation or Amendment to Declaration. This Declaration shall not be revoked unless all of the Owners and all of the holders of any recorded first lien Mortgage covering or affecting any or all of the Units unanimously consent and agree to such revocation by instrument(s) duly recorded. Except as set forth in Sections 9.5.5 and 9.10, this Declaration shall not be amended unless the Owners representing an aggregate ownership interest of fifty-one percent (51%), or more, of the Common Elements and all of the holders of any recorded first lien Mortgage covering or affecting any or all Units consent and agree to such amendment by instrument(s) duly recorded; provided, however, that the percentage of the undivided interest in the Common Elements appurtenant to each Unit, as expressed in this Declaration, shall have a permanent character and shall not be altered without the consent of all of the Unit Owners expressed in an amended Declaration duly recorded (subject only to the rights of Declarant to unilaterally change such percentage of undivided interest as set forth in Sections 2.3, 9.5.3.2 and 9.10), and provided , further that revocation of this Declaration shall always require the consent of all of the Owners. Notwithstanding the foregoing, before the first annual
ections 2.3, 9.5.3.2 and 9.10), and provided , further that revocation of this Declaration shall always require the consent of all of the Owners. Notwithstanding the foregoing, before the first annual meeting of the Association's Board of Directors, Declarant may, with the written consent of any Institutional Lender of any Unit which would be affected ( but without the consent of any Owner) amend this Declaration, Map, Bylaws and any other Exhibits attached hereto.
9.7. Owner's Right and Obligation to Maintain and Repair. Except for those portions of the Project which the Association is required to maintain and repair, each Unit Owner shall, at his sole cost and expense, maintain and repair his Unit and any Limited Common Elements appurtenant to his Unit, keeping the same in good condition . Additionally, each Owner shall, at his sole cost and expense, maintain, repair and replace as necessary any separate air conditioning and heating units which service only his Unit. Each Owner shall have the exclusive right to paint, plaster, panel, tile, wax, paper or otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding his Unit. In the event an Owner fails to maintain his Unit as provided herein in a manner which the Board deems necessary to preserve the appearance and value of the Project, the Board may notify such Owner of the work required and request that it be done within sixty (60) days from the giving of such notice. In the event such Owner fails to complete such maintenance within said period, the Board may cause such work to be done and may specially assess the cost thereof to such Owner and, if necessary, create a lien against his Unit for the amount thereof.
8.8.
Insuranco; Damage or Destruction.
7314 1812
such work to be done and may specially assess the cost thereof to such Owner and, if necessary, create a lien against his Unit for the amount thereof.
8.8.
Insuranco; Damage or Destruction.
7314 1812 9.8.1. Association Liability Insurance. The Association shall obtain and continue in effect comprehensive public liability insurance insuring the Association, the Declarant and the agents and employees of each and the Owners and the respective family members, guests and invitees of the Owners against any liability incident to the -23ownership or use of the Common Elements and facilities in the Common Area, commercial spaces, if any, and public ways, and including, if obtainable, a cross-liability endorsement insuring each insured against liability to each other insured, and a "severability of interest" endorsement precluding the insurer from denying coverage to one Owner because of the negligence of other Owners or the Association. The scope of the coverage must include all other coverage in the kinds and amounts commonly required by private institutional mortgage investors for projects similar in construction, location, and use. Coverage shall be in an amount not less than One Million Dollars ($1,000,000.00) per occurrence, for personal injury and/or property damage, 9.8.2. Mester Hazard Insurance. Additionally, the Association shall obtain and continue in effect a master or blanket policy of multi-peril insurance on the Project, providing as a minimum fire and extended coverage and all other coverage in the kinds and amounts commonly required by private institutional mortgage investors for projects similar in construction, location and use on a replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value (based upon replacement
rtgage investors for projects similar in construction, location and use on a replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value (based upon replacement cost) of all improvements on the Project. If there is a steam boiler in operation in connection with any Unit, there must be in force boiler explosion Insurance evidenced by the standard form of boiler and machinery insurance policy and providing minimum coverage in an amount not less than Fifty Thousand Dollars ($50,000.00) per accident per location. If the Project is located in an area identified by the Secretary of Housing and Urban Development as an area having special flood hazards, a "blanket" policy of flood insurance on the Project must be maintained in the amount of the aggregate of the outstanding principal balances of the mortgage loans on all Units in the Project or the maximum limit of coverage available under the National Flood Insurance Act of 1988, as amended, whichever is less. The master policy of multi-peril insurance shall contain extended coverage and replacement costs endorsements, if available , and may also contain vandalism and malicious mischief coverage, special form endorsement, stipulated amount clause and a determinable cash adjustment clause, or a similar clause to permit cash settlement covering full value of the improvements on the Project in the event of destruction and a decision not to rebuild pursuant to this Declaration. Such policies shall be in form and amount as may be determined by the Board (provided that such policies must be acceptable to the Federal Home Loan Mortgage Corporation), shall name as insured the Assoalation, the Owners and Declarant (so long as Declarant is an Owner of any Units), and all Mortgagees as their
cceptable to the Federal Home Loan Mortgage Corporation), shall name as insured the Assoalation, the Owners and Declarant (so long as Declarant is an Owner of any Units), and all Mortgagees as their respective interests may appear, and shall provide that any proceeds be paid to the Association for the use and benefit of the Owners and Mortgagees as their Interests may appear. Such policy shall not be required to insure the personal property or customized items within any individual Units, which shall be and remain the responsibility and risk of the Owners.
VOL.
79140 1813 -24–9.8.3. - Additional Association Insurance. The Association may purchase such other insurance as it may deem necessary, Including without limitation plate-glass insurance, workman's compensation, directors liability, and errors and omissions insurance , and the Association shall purchase fidelity coverage against dishonest acts by any directors, managers, trustees, employees or volunteers of the Association who are responsible for handling funds belonging to or administered by the Association. The fidelity bond insurance shall name the Association as the insured and shall provide coverage in an amount not less than one and one-half (1-1/2) times the Association's In connection estimated annual operating expenses and reserves.
with such coverage, an appropriate endorsement to the policy to cover any persons who serve without compensation shall be added if the policy would not otherwise cover volunteers .
9.8.4. Choice of Carriers; Insurance Premiums. The insurance policies required under this Section 9.8 shall be acquired from carriers meeting the qualifications of the Federal Home Loan Mortgage Corporation. Insurance premiums shall be a Common Expense
urance policies required under this Section 9.8 shall be acquired from carriers meeting the qualifications of the Federal Home Loan Mortgage Corporation. Insurance premiums shall be a Common Expense to be included in the Assessments levied by the Association. The acquisition of insurance by the Association shall be without prejudice to the right of any Owner to obtain additional individual insurance.
9.8.5. Association as Attorney-In-Fact. This Declaration does hereby make mandatory the irrevocable appointment of an attorneyin-fact to deal with the Project, in whole or in part, upon its destruction, repair or obsolescence.
Title to any Unit is declared and expressly made subject to the terms and conditions hereof, and acceptance by any grantee of a deed or other instrument of conveyance from the Declarant or from any Owner or grantor shall constitute appointment of the attorney-infact herein provided. All Owners irrevocably constitute and appoint the Association as their true and lawful attorney in their name, place and stead for the purpose of dealing with said Project upon its destruction or obsolescence as is hereinafter provided.
As attorneyin-fact, the Association, by and through its President or any Vice President and Secretary or any Assistant Secretary, shall have full and complete authorization, right and power to make, execute and deliver any contract, deed or any other instrument with respect to the interest of an Owner which is necessary and appropriate to exercise the powers herein granted. Any repair, reconstruction or replacement made of the improvement(s) shall be to substantially the same condition existing prior to the damage, with each Unit and the Common Elements having substantially the same vertical and hori-
eplacement made of the improvement(s) shall be to substantially the same condition existing prior to the damage, with each Unit and the Common Elements having substantially the same vertical and horizontal boundaries as before. The proceeds of any insurance collected shall be available to the Association for the purposes of repair, restoration or replacement unless the Owners agree not to rebuild in accordance with the provisions hereinafter set forth. The Association shall have full authority, right and power, as attorneyin-fact, to FACE 79140 1814 -25i cause any repair and restoration of the improvement(s) permitted or required hereunder, Without limitation on the generality of the foregoing, the Association as said attorney-in-fact shall have the full power and authority to purchase and maintain such insurance, to collect and remit the premiums therefor, to settle and compromise any and all claims under said insurance policies, to collect proceeds and to distribute the same to the Association, the Owners and their respective Mortgagees (subject to the provisions hereof) as their interests may appear, to execute releases of liability and to execute all documents and to do all things on behalf of such Owners , the Association and the Project as shall be necessary or convenient to the accomplishment of the foregoing; and any insurer may deal exclusively with the Association in regard to such matters. The Association shall not be responsible for procurement or maintenance of any Insurance covering the contents or the interior of any Unit or for the liability of any Owner for occurrences therein not caused by or in connection with the Association's operation, maintenance or use of the Project.
9.8.6. Reconstruction or Repair of Project. In the event of
ity of any Owner for occurrences therein not caused by or in connection with the Association's operation, maintenance or use of the Project.
9.8.6. Reconstruction or Repair of Project. In the event of fire, casualty or other disaster involving substantial damage to the Project, within ten (10) days of receipt of determination of the amount of insurance proceeds available to the Association, the Association shall cause notice to be given of a special meeting of Members to be held not less than twenty (20) nor more than thirty (30) days from the giving of such notice. Such notice shall specify the amount of insurance proceeds available, the estimated cost of restoration and any other data deemed pertinent to the determination called for by this Section 9.8.8.
9.8.6.1. Sufficient Proceeds. In case of fire, casualty or any other disaster, the insurance proceeds, if sufficient to reconstruct the Project, shall, subject to the provisions of Sections 9.8.8.3 and 9.8.6.4 below, be applied to such reconstruction. Reconstruction of the Project, as used in this Section 9.8.6 means restoring the Project to substantially the same condition in which it existed immediately prior to the fire, casualty or other disaster, with each Unit and the Common Elements having substantially the same vertical and horizontal boundaries as before. Such reconstruction shall be caused to be accomplished by the Association or its duly authorized agents.
9.8.6.2. Insufficient Proceeds. If the insurance proceeds are insufficient to reconstruct the Project, damage to or destruction thereof shall, subject to the provisions of Sections 9.8.8.3. and 9.8.8.4. below, be -26VOL LA..F 79140 1815 promptly caused to be repaired and restored by the Association or its duly authorized agents, using pro-
subject to the provisions of Sections 9.8.8.3. and 9.8.8.4. below, be -26VOL LA..F 79140 1815 promptly caused to be repaired and restored by the Association or its duly authorized agents, using proceeds of insurance, if any, on the Project for that purpose, and the Owners shall be liable for the special Assessment or Assessments for any deficiency as hereinafter provided.
9.8.6.3. Less than Two-thirds Destruction. If less than two-thirds (2/3) of the Project (as determined by the vote or written consent of Members owning fifty-one percent (51%) or more of the Common Interest in the exercise of their sole discretion) is destroyed or substantially damaged by fire or any other disaster, then the Project shall be rebuilt or repaired, unless the Members of the Association by unanimous vote or written consent, and sixtysix and two-thirds percent (66-2/3%) of the Institutional Lenders (based upon one vote for each Mortgage owned) by prior written approval elect not to repair such damage.
9.8.6.4. Two-thirds or More Destruction. If two-thirds (2/3) or more of the Project (as determined by the vote or written consent of Members owning fifty-one percent (51%) or more of the Common Interest in the exercise of their sole discretion), is destroyed or substantially damaged by fire or any other disaster, and if the Members, by unanimous vote or written consent, do not voluntarily , within one hundred eighty (180) days after determination of the amount of the Association's insurance proceeds resulting from such destruction or damage, make provision for reconstruction (unless within such period the buy-out contemplated in this Section 9.8.8.4 . is effected), the condominium regime shall be deemed to have been waived, and the Association shall take all action requir-
less within such period the buy-out contemplated in this Section 9.8.8.4 . is effected), the condominium regime shall be deemed to have been waived, and the Association shall take all action required under the Act to regroup and merge the filfal estate with the principal property, whereupon: (t) the Property shall be deemed to be owned in common by the Owners; (it) the undivided interest in the Property owned in common which shall appertain to each Owner shall be the percentage of undivided interest previously owned by such Owner in the Common Elements; (ILL) any liens affecting any portion of the Project shall be deemed to be 7914) 1816 -27transferred in accordance with their existing priorities to and assumed by each Owner of the Property in proportion to the undivided interest in the Property respectively owned by each Owner; and (iv) the Property shall be subfeet to an action for partition at the suit of any Owner, in which event the net proceeds of sale, together with the net proceeds of the Insurance on the Property, if any, shall be considered as one fund and shall be divided among all the Owners in a percentage equal to the undivided percentage interest previously owned by each Owner in the Common Elements, after first paying out of the respective share of each Owner, to the extent sufficient for the purposes, the proportionate amount of all liens on the undivided interest in the Property owned by each Owner.
Notwithstanding the foregoing provisions hereof, in the event of destruction or substantial damage to two-thirds (2/3) or more of the Project, sixty-six and two-thirds percent (66-2/3%) of the Institutional Lenders (based upon one vote for each Mortgage owned) by written approval and the Owners may, by an affir-
(2/3) or more of the Project, sixty-six and two-thirds percent (66-2/3%) of the Institutional Lenders (based upon one vote for each Mortgage owned) by written approval and the Owners may, by an affirmative vote of the Members owning three-fourths (3/4 ) or more of the undivided Common Înterest, at a meeting of the Members duly called for such purpose, elect to sell or otherwise dispose of the Project. Such action shall be binding upon all Owners, and it shall thereupon become the duty of every Owner to execute and deliver such instruments and to perform all acts as in manner and form may be necessary to effect the sale.
Notwithstanding the foregoing provisions hereof, in the event that two-thirds (2/3) or more of the Project has been damaged and unanimous vote has not been obtained for reconstruction at the meeting held in accordance with the provisions of the first paragraph of this Section 9.8.6.4, the Association may, by affirmative vote of the Members owning three-fourths ( 3/4 ) or more of the undivided Common Interest at a meeting of the Members duly called for such purpose, elect to purchase all the ownership interests in the Project of those Owners not voting to rebuild. Such action will be binding upon the Association and all Owners, and it shall thereupon become the duty of the Association and 79149 1817 -28: every Owner to execute and deliver such instruments and to perform all acts in such manner and form as may be necessary to effect the sale and purchase. The purchase price for the ownership interest of each Owner so being purchased shall be equal to his percentage interest in the Association's insurance proceeds plus an amount equal to his percentage interest in an amount equal to the then market value of the Project,
urchased shall be equal to his percentage interest in the Association's insurance proceeds plus an amount equal to his percentage interest in an amount equal to the then market value of the Project, considered as a whole, excluding such insurance proceeds and less the amount of any liens against the Project or any part thereof. In the event the parties are unable to agree upon the purchase price, the price shall be determined by appraisal as follows: The Association shall select one MAI designated appraiser to act for it; within thirty (30) days of the Association's appointment of an appraiser, the selling Owners shall appoint an MAI designated appraiser to act for them; forthwith the two appraisers acting together shall select a third independent MAI designated appraiser by mutual agreement; and the three appraisers by a vote of the majority of the group shall determine the purchase and sale price with respect to each Owner selling hereunder. All such purchases and sales shall be closed within sixty (60) days subsequent to the determination of the purchase and sale price as aforesaid, with the Association financing the same in accordance with Section 9.9. Within fifteen (15) days of the last such closing, the Association shall cause to be held a special meeting of Members for the purpose of securing approval of reconstruction.
9.8.7. Repair of Interior of Unit. Each Owner shall be respon sible for the reconstruction, repair or replacement of that portion of the interior of his Unit which the Owner has installed, furnished or provided, including but not limited to, any floor coverings, wall coverings, window shades, draperies, furniture, furnishings, decora tive light fixtures, or other improvements, betterments and additions
vided, including but not limited to, any floor coverings, wall coverings, window shades, draperies, furniture, furnishings, decora tive light fixtures, or other improvements, betterments and additions to his Unit, and all appliances located therein irrespective of whether or not such appliances are "built-in" to the Unit, except the original built-in appliances. Each Owner shall also be responsible for the costs not otherwise covered by insurance carried by the Association of any reconstruction, repair or replacement of any portion of the Project necessitated by his negligence or misuse or the negligence or misuse by his family, guests, agents, servants, employees or contractors. In the event damage to all or any part of the interior of an Owner's Unit is covered by insurance held by the Association for the benefit of such Owner, then such Owner shall begin reconstruction or repair of such damage upon receipt of the insurance proceeds or any portion thereof from the Association, subject to the rights of the Association to supervise, approve or disapprove such reconstruction -297914) 1818 or repair during the course thereof. In the event damage to all or any part of the interior of an Owner's Unit is not covered by insurance held by the Association for the benefit of such Owner, then such Owner shall begin reconstruction or repair of his Unit with sixty (60) days after the date of such damage, subject to the right of the Association to supervise, approve or disapprove such reconstruction or repair during the course thereof.
9.8.8. Application of Insurance Proceeds. As soon as possible after the occurrence of a casualty which causes damage to any part of the Project for which the Association has insurance coverage
hereof.
9.8.8. Application of Insurance Proceeds. As soon as possible after the occurrence of a casualty which causes damage to any part of the Project for which the Association has insurance coverage (hereinafter referred to as the "Casualty"), the Association shall obtain reliable and detailed cost estimates of the following: 9.8.8.1. The cost of restoring all damage caused by the Casualty to the Common Elements (hereinafter referred to as the "Common Element Costs"); and All 9.8.8.2. The cost of restoring that part of the damage caused by the Casualty to each Unit which is or would be covered by insurance held by the Association without regard to-the-policy limits of such – insurance (hereinafter referred to as the "Unit Costs").
insurance proceeds available to the Association with respect to the Casualty shall first be applied to the payment of the actual Common Element Costs and the balance thereof, if any, shall thereafter be applied to the payment of the actual Unit Costs. However, if such insurance proceeds are not sufficient to cover such estimated costs, then a special Assessment or Assessments shall be made against the Owners by the Association in the following manner: (i) All Owners shall be assessed on the basis of their percentage interest in the Common Elements for the payment of the estimated Common Element Costs not otherwise paid for by insurance held by the Association.
(II) Each Owner of a damaged Unit shall be assessed an amount equal to the difference between the actual portion of estimated Unit Costs attributable to his Unit less a sum calculated by multiplying the amount, if any, of the remaining insurance proceeds held by the Association with respect to the Casualty by a fraction, the numerator of which is the
nit less a sum calculated by multiplying the amount, if any, of the remaining insurance proceeds held by the Association with respect to the Casualty by a fraction, the numerator of which is the actual portion of the estimated Unit -3079140 1819 Costs attributable to his Unit: and the denominator of which is the total of all of the estimated Unit Costs.
9.8.9. Condemnation. In the event of any taking of any Unit in the Project by eminent domain or sale or other transfer in lieu thereof, the Owner of such Unit shall be entitled to receive the award for such taking and after acceptance thereof, he and his Mortgagee shall be divested of all interest in the Project if such Owner shall vacate and abandon his Unit by virture of such taking. If any repair or rebuilding of the remaining portions of the Project is required as a result of such taking, the remaining Owners shall determine by the affirmative vote or written consent of Members owning a majority of the Common Interest owned by said remaining Owners, either to rebuild or repair the Project or to take such other action as such remaining Owners may deem appropriate. If no repair or rebuilding shall be required, or shall be undertaken, the remaining portion of the Project shall be re-surveyed and the Declaration and Master Deed shall be amended to reflect such taking and to proportionately readjust the percentages of ownership of the remaining Owners based upon a continuing total ownership of the Project of one hundred percent (100%).
9.8.10. Personal Liability Insurance. In addition to the master policies which the Association shall carry, the Board shall have the power to require each Owner, at his sole cost and expense, to carry personal liability insurance covering damage to property or injury to
es which the Association shall carry, the Board shall have the power to require each Owner, at his sole cost and expense, to carry personal liability insurance covering damage to property or injury to the person of others within the Project resulting from negligence of the Owner or his agents, tenants , guests or invitees, in an amount up to, and including, One Hundred Thousand Dollars ($100,000.00) for each occurrence.
9.8.11. Waiver of Subrogation: Notice of Cancellation. All property and liability insurance carried by the Association or the Owners shall, to the extent available , contain provisions whereby the insurer waives rights of subrogation as to the Association, officers, and directors, and any Members, their guests, agents and employees.
All policies of hazard insurance must contain or have attached the standard mortgage clause commonly accepted by private institutional mortgage investors in the area in which the Units are located. All insurance carried by the Association shall, to the extent available, contain a provision requiring the insurer to notify the Mortgagee named at least ten (10) days in advance of the effective date of any reduction in or cancellation of the policy.
In the event the 9.9. Financing of Purchase of Unit by Association.
Association should acquire a Unit at foreclosure or pursuant to Section 7.10 or Section 9.6.4, such acquisition by the Association may be made from the working capital of the Association and common charges in the hands of the Association, or If such funds are insufficient , the Association may levy a special Assessment or -3179140 1820 Assessments against each Owner in proportion to his Common Interest, as a Common Expense, or the Association, in its discretion, may borrow money to
on may levy a special Assessment or -3179140 1820 Assessments against each Owner in proportion to his Common Interest, as a Common Expense, or the Association, in its discretion, may borrow money to finance the acquisition of such Unit; provided, however, that no financing may be secured by an encumbrance or hypothecation of any property other than the Unit, together with the interest in the Common Elements appurtenant thereto, so to be acquired by the Association.
9.10. General Reservations. It is the intent of Declarant to develop the "Phase I" shall be condominium regime established hereunder in two Phases.
complete upon the filing of this Declaration, shall contain eighty-four (84) Units and shall be situated on the property so designated in Exhibit "A." "Phase II," if added by Declarant as part of the Project, shall contain approximately one hundred five (105) Units and shall be situated on the property so designated in Exhibit "A1."
Declarant hereby reserves the right at any time hereafter prior to the expiration of seven (7) years from the date of recordation hereof, without joinder or consent of any other Owner or any Mortgagee, upon notice to existing Mortgagees of Phase I Units, to record an amendment to this Declaration to properly reflect the addition of such Units and the adjustment to the undivided interest in the Common Elements set forth in Exhibit "C" to be as shown in Exhibit "C." Said adjustment in the Common Interests and the corresponding adjustments in the Assessments based on the Common Interests and in the value of the votes assigned to Units based on the Common Interests shall become effective as to all Units in Phase I and Phase II on the first day of the month following the
ommon Interests and in the value of the votes assigned to Units based on the Common Interests shall become effective as to all Units in Phase I and Phase II on the first day of the month following the conveyance by deed of the first Unit in Phase II. Assessments on Units in Phase II shall commence on said same day. Each Owner, by acceptance of a deed to a Unit, hereby expressly grants to Declarant the irrevocable right and power to perform such acts as may be necessary to effectuate Phase II, if Declarant so chooses .
Upon recording the above-described amendment, the Phase II property shall become subject to the provisions of this Declaration without the necessity of amending individual Sections hereof. All costs of development of Phase II Únits shall be borne by and directly paid by Declarant until such time as Assessments hereunder shall begin to accrue. Declarant does not warrant, represent or guarantee that Phase II will be added to the Project. Each Owner agrees, by acceptance of a dead to a Unit, that he has not relied on Phase II being added to the Project in purchasing his Unit.
9.11. Limitation of Restrictions on Declarant. Declarant is performing certain work in connection with the conversion of the Property to a condominium regime. The completion of that work and the sale, rental, and other disposition of said Units is essential to the establishment and welfare of the Project as a residential community. In order that said work may be completed and said Project be established as a fully occupied residential community as rapidly as possible, nothing in this Declaration shall be understood or construed to: 9.11.1. Prevent Declarant, its contractors, or subcontractors from doing on or to the Project or any Unit, whatever is reasonably
ible, nothing in this Declaration shall be understood or construed to: 9.11.1. Prevent Declarant, its contractors, or subcontractors from doing on or to the Project or any Unit, whatever is reasonably necessary or advisable in connection with the completion of the work; or : 79140 1821 9.11.2. Prevent Declarant or its representatives from erecting, constructing and maintaining on any part or parts of the Project, such structures as may be reasonable and necessary for the conduct of its business of completing said work and establishing said Project as a residential community and disposing of the same in parcels by sale , lease or otherwise; or 9.11.3. Prevent Declarant from conducting on any part of the Project its business of completing the work and of establishing a plan of Unit ownership and of disposing of said Project in Units by sale, lease or otherwise; or 9.11.4. Prevent Declarant from maintaining such sign or signs on any part of the Project as may be necessary for the sale, lease or disposition thereof.
So long as Declarant owns one or more of the Units established and described in this Declaration (and except as otherwise specifically provided herein), Declarant, its successors and assigns, shall be subject to the provisions of this Declaration.
9.12. Termination of Any Responsibility of Declarant. Declarant may at any time, or from time to time, sell, assign or transfer all or any part of its rights hereunder and/or its rights, title and interest in the Project to any Person or Persons who shall thereafter have such rights and powers of Declarant as are contained in the Project Documents and so transferred or assigned. In the event Declarant shall convey all of its right, title and interest in and to the Project to
ghts and powers of Declarant as are contained in the Project Documents and so transferred or assigned. In the event Declarant shall convey all of its right, title and interest in and to the Project to any Person or Persons, then and in such event, Declarant shall be relieved of the performance of any further duty or obligation hereunder, and such Person or Persons shall be obligated to perform all such duties and obligations of the Declarant.
9.13. Owners' Compliance. Each Owner, tenant or occupant of a Unit and their guests and Invitees shall comply with the provisions of the Project Documents and all lawful decisions and resolutions of the Association or its duly authorized representative, and failure to comply with any such provisions, decisions, or resolutions, shall be grounds for an action by the Association to recover sums due for damages (including costs and reasonable attorneys' fees ) and/or for injunctive relief. All agreements and determinations lawfully made by the Association in accordance with the voting percentages established in this Declaration or in the Bylaws, shall be deemed to be binding on all Owners, their successors and assigns.
9.14. Legal Intent. It is the intent of Declarant, the Association and the Owners that the Project Documents be in strict compliance with applicable usury laws of the State of Texas. In furtherance thereof, said parties stipulate and agree that none of the terms and provisions contained in the Project Documents shall ever be construed to create a contract to pay for the use, forbearance or detention of money, interest at a rate in excess of the maximum interest rate permitted to be charged by applicable laws of the State of Texas. The Owners or other parties now or hereafter becoming liable for payment of sums owing
t a rate in excess of the maximum interest rate permitted to be charged by applicable laws of the State of Texas. The Owners or other parties now or hereafter becoming liable for payment of sums owing under the terms of -3379140 1822 : the Project Documents shall never be liable for unearned interest on any of said sums and shall never be required to pay interest at a rate in excess of the maximum interest that may be lawfully charged under applicable laws of the State of Texas, and the provisions of this Section shall control over all other provisions of the Project Documents in conflict herewith.
In the event that the Declarant, the Association or any of its designated agents shall collect monies which are deemed to constitute interest at a rate in excess of that permitted to be charged by applicable laws of the State of Texas, all such sums deemed to constitute interest in excess of the legal rate shall be immediately returned to the Owner or other party so paying said monies upon such determination.
9.15. Conflict of Project Documents. If there is any conflict among or between the Project Documents, the provisions of this Declaration shall prevail; thereafter, priority shall be given to Project Documents in the following order: Map; Articles; Bylaws; and Rules and Regulations of the Association.
9.16. Term of Declaration. The covenants, conditions, and restrictions of this Declaration shall run with and bind the Property and the Project, and shall inure to the benefit of and shall be enforceable by the Association, its respective legal representatives, successors-in-interest and permitted assigns, for a term of fifty (50) years from the date this Declaration is recorded, after which time said covenants, conditions, and restrictions
representatives, successors-in-interest and permitted assigns, for a term of fifty (50) years from the date this Declaration is recorded, after which time said covenants, conditions, and restrictions shall automatically be extended for successive periods of ten (10) years, unless an instrument, signed by all of the then Owners and all of the Mortgagees, has been recorded, agreeing to change said covenants, conditions, and restrictions in whole or in part.
on The undersigned, being the Declarant herein, has executed this Declaration "Jaily 17, 1979.
DECLARANT: VILLA VERDE ASSOCIATES, a Texas partnership By: Daon Corporation, General Partner ByX `G. Gipp/DuPree, Vice President Dallas Operations, Daon Southwest By: The Evergreen Group, Inc., General Partner By: Schemes Milan Лити мы W. Thomas McQuaid, Jr., President -34FACE 79140 1823 THE STATE OF TEXAS COUNTY OF DALLAS MIP XXX BEFORE ME, the undersigned authority, on this day personally appeared G. GIPP DUPREE, Vice President of Daon Corporation, a Delaware corporation, Dallas Operations; Daon Southwest, a General Partner of Villa Verde Associates, a Texas general partnership, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said corporation and said partnership for the purposes and consideration therein expressed, in the capacity therein stated.
`GIVEN UNDER MY HAND AND SEAL OF OFFICE on this July 1979.
Da m.
18th day of My Commission Expires: Dee. 1980 Notary Public in and for Dallas County, Texas THE STATE OF TEXAS COUNTY OF DALLAS XXX BEFORE ME, the undersigned authority, on this day personally appeared W. THOMAS McQUÁID, JR., President of The Evergreen Group, Inc., a General
as County, Texas THE STATE OF TEXAS COUNTY OF DALLAS XXX BEFORE ME, the undersigned authority, on this day personally appeared W. THOMAS McQUÁID, JR., President of The Evergreen Group, Inc., a General Partner of Villa Verde Associates, a Texas general partnership, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said corporation and said partnership for the purposes and consideration therein expressed, in the capacity therein stated .
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this 4 day of July 1979.
+ My Commission Expires: 1-31-81 Notary Public in and for Dallas County, Texas GRACE E. OXLADE, Notary Public In and for Dallas County, Texas My commission expires 1.31-81 79143 1824 -3523149 1825 LEGAL BESCHTPTIONS Wing 13 of 13 and part of Lata 2 and 3 of City of tallas Lock A/t55 of the North Terrace, distance to 205, 1216 of the of Datin County.
Temps and being most Soularly described fallow Being of a corner formed by the ề thự t Itse of rack Drive and the South line of 65 ft. alley Salt corner being at the test mer of the abov cribed Eat It Thane South 99* at 0° along the South side of a 25 ft. alley a distance of 862IS ER...
Thence South 63° 48° 30° Wont ● distance of 21.80 ft, .
The South 191 000 Đợn Best amng the South side of aller a distance of $36.03 e, car Thence deporting the South Ede of on alley, South 06* 00 stance of 166.80 ft., to a co Thence North 68° 54° 00″ that a distance of 30,0) ft. bai corner in the North Use of Pork Ten pe along the North Ese of Pack Lawn Burgh 80° 56° 0.
rede 11 699.24 £L.S The property has come to a publțe mai at the date of the f the property.
corner in the North Use of Pork Ten pe along the North Ese of Pack Lawn Burgh 80° 56° 0.
rede 11 699.24 £L.S The property has come to a publțe mai at the date of the f the property.
EXHIBIT BILLY STEPHENSCHLEGAL DESCRIPTION AND ASSOCIATES CONSULTING ENGINEERS OF A CHOR ADOKNI ÎNA FARO IN VOL. 200 o recorded in 205, Page 1275 Coming at er ford be the stereotion of the County Tan being a part Es have of Back Detay and the alter Selder betag blee the City of Delta tech 49.
r Thane South 09” as long the South side of 15 ft. lby a distance of #6;16 ft.
T The South 68° 60° Thane South 90 083 ĐƠN Kit sting the Squ the point of beginning of PT: data of $81.66 ft. to a Thence South 1ª 05° 0° Sheta éferance of 368.66 ft. tə ə the Worth Right of Why Line of of North the North abe of thy of Turk Lae Merth M The North 1º 06” 00″ Each distance of 15. t.
the place of beginning and com,17 of within the The property as julle vené.
title compare the At the of the the O ONETOI Elite, or puteatae viablò in the ground i This wid to other for any sing sitly L $317 7.14) 1826 6123/74 EXHIBIT A BILLY L. STEPHENSON LEGAL DESCRIPTION AND ASSOCIATES CONSTATING ENGINEERS ovo Pay CP WALNUT MILE ANTW ROMNOT ADDITION JE FILED ANY VOL. 200 HOME SENT DALLAS ORMY AGED MEFORNI FORT OF DRIVE CURVE DETA A-429.24 T. 60 31 L-120.27 BROCK BANK COME CATA 4-21°00'87 7-129.96 ALLOWING & THE TYPOK FOR AKANUS CA ENIJAR BALLING IS THE TENCAL FOR AULONES G ALIQ BUILDING AN ESTICAL L.C.
LIMITED CONDY GE. DENEZUE COMMEN ·PARK·LANE“SANE CANNA ESAIT VOE ACTE: AND OUTSIDE UNITS ARE CENTRE COMMON BILLY TEPHENSON SSOCIATES CONSULTING ENGINEERS ST ZAUNDAY POOK MODE dc PHASE I O.FI/ EXHIBIT B -PARK TUTTE LANE PHASE II
·PARK·LANE“SANE CANNA ESAIT VOE ACTE: AND OUTSIDE UNITS ARE CENTRE COMMON BILLY TEPHENSON SSOCIATES CONSULTING ENGINEERS ST ZAUNDAY POOK MODE dc PHASE I O.FI/ EXHIBIT B -PARK TUTTE LANE PHASE II BUILDING ?” IS THE TYPICAL FOR BULONES TEDD.
|Ỡ IS THE FINOL FOR BUEN U CHLOE IS THE TYPRAL FOR BUILDMES RICC.
QUINGE IS THE TIPICAL FOR BUILDIN ARM ORSIDE CAVITE ARE GENERAL COME CHERES NOTED OND ULLY L. STEPHENSON AND ASSOCIATES DEN & SPRIT EXHIBIT okela BI TIN IN FRIDAY VOL. DOE PRAE SIE TIPE 6281 (1 BUILDING F FIRST FLOOR 1029 1028 1027 1035 1037 1003 1004 1002 1001 OFFICE BUILDING A FIRST FLOOR LC. CITRO COM GC..CNE COMME S 1024 1025 1026 BUILDING B FIRST FLOOR 1023 1022 1021 1018 1019 1020 1034 1036 BUILDING G FIRST FLOOR 1131 1033 no 1030 1032 BUILDING C FIRST FLOOR OLLY L. STEPHEN EXHIBIT OP CONSUM PARK LANE TOWNHOMES ANDY ASSOCIATES LENS ENGINEERS PHASE I A CONDO MEGA NENDE i 1002 16.67 1657 759 100% 1001 1028 1027 1004 1035 1037 1025 1026 120° BUILDING A SECOND FLOOR BUILDING SECOND FLOOR SOPHIE SOL 1023 1022 1031 1018 1019 BUILDING C SECOND FLOO 1317 120° 1030 1034 1036 BUILDING F SECOND FLOOR 1033 BUILDING G SECOND FLOOR EXHIBIT 83 PARK LANE TOWNHOMES STEPHENSON PHASE I A COMDOM 79140 1830 1049 1048 1097 1017 1016 1015 1044 1045 1046 1014 1011 1012 BUILDING FIRST FLOOR 10 ' BUILDING J FIRST FLOOR 1010 1009 1008 1043 1042 1041 1038 1039 1040 1005.
1006 1007 BUILDING E FIRST FLOOR EC.
LIMITED EL GC GENDER, 42 BUILDING K FIRST FLOOR PARK LANE SLLYL ENSON EXHIBIT DA TOWNHOMES PHASE I A CONDOMINIUM ✓ VILLA VERDE ASSOC 7914) 1831 L 1010 190 1009 1005 1006 1049 1048 7016 1015 1044 1055 1012 1014 BUILDING D SECOND FLOOR BUILDING E SECOND FLOOR BUILDING J SECOND FLOOR 1042 1041 1039 1040 79140 1832 BUILDING K SECOND FLOOR PARK LANE BILLY STEPHENSON AND ASSOCIATES
8 7016 1015 1044 1055 1012 1014 BUILDING D SECOND FLOOR BUILDING E SECOND FLOOR BUILDING J SECOND FLOOR 1042 1041 1039 1040 79140 1832 BUILDING K SECOND FLOOR PARK LANE BILLY STEPHENSON AND ASSOCIATES CONSULTING ENGINEERS EXHIBIT BS TOWNHOMES PHASE I A CONDOMINIUM NEGA W C #706777 1061 1060 1059 1056 1057 1058 BUILDING H FIRST FLOOR 1055 1054 1053 8735 12.35 1063 1065 1077 魚燒 1081 1080 1075 1077 no 720 1074 1078 1050 1051 1052 1002 1064 BUILDING I FIRST FLOOR BUILDING L FIRST FLOOR SANI SCALS 5414) 1833 BUILDING M FIRST FLOOR EXHIBIT B6 PARK LANE HENSON ASSOCIATED CONSULTING ENGINEERS TOWNHOMES PHASE I A CONDOMANILINE Green9 VALLA WEANS ASSOC.
t, !
1.
1060 1077 1081 1057 BUILDING H SECOND FLOOR 120 150 1076 1080 1075 1079 no 710 1053 1063 1065 1074 1078 1062 1064 1051 1052 BUILDING I SECOND FLOOR י ז" 79140 1834 BUILDING M SECOND FLOOR EXHIBIT B7 TOWNHOMES “m PHASE I A CONDOMINIUM BUILDING L SECOND FLOOR PARK LANE BILLT L. STEPHENSON AND ASSOCIATES CONSULTING 15 1069 1073 320 170 1068 1072 1067 1071 1069 1073 1068 1072 1083 1085 170 790 1082 1084 BUILDING O FIRST FLOOR 1067 1071 1083 1085 720 1066 1070 1082 1066 1070 BUILDING N FIRST FLOOR BUILDING N SECOND FLOOR GE-GEMBANG COMEMO 79140 1835 BUILDING O SECOND FLOOR PARK LANE BILLY L STEPHENSON AND ASSOC ATED CONSULTINGS ENGINEERS EXHIBIT BS TOWNHOMES PHASE I A CONDOMINIUM 6228799 VILLA WA ASSO -1109 1108 1930 1107 1104 1105 1106 BUILDING FIRST FLOOR 1103 1102 1101 1098 1099 1100 BUILDING FIRST FLOOR 1134 1133 1132 1999 19.33 " 1129 1130 1131 BUILDING FIRST FLOOR 1050 1128 1127 1126 2900 21.99 1123 BUILDING U FIRST FLOOR 1124 1125 120 1239 PARK LANE ELLYL STEPHENSCH AND ASSOCIATE: CONSULTING ENGINEERS 120 EXHIBIT AP TOWNHOMES PHASE I A CONDOMINIUM WEER VER 4781279 老麵 1108 147 "17.47 1105 1039' BUILDING SECOND FLOOR
1124 1125 120 1239 PARK LANE ELLYL STEPHENSCH AND ASSOCIATE: CONSULTING ENGINEERS 120 EXHIBIT AP TOWNHOMES PHASE I A CONDOMINIUM WEER VER 4781279 老麵 1108 147 "17.47 1105 1039' BUILDING SECOND FLOOR ras 1017 1103 1102 1067 1267 7829 1098 1101 en 650] BUILDING SECOND FLOOR EE • COATED COMMON GRAPE SCA 1134 stat 1767 1129 10479 1138 W 1130 BUILDING T SECOND FLOOR 1127 1126 1667 1125 79140 1837 BUILDING U SECOND FLOOR PARK LANE BALY L. STEPHENSON AND ASSOCIATES CONSULTING ENGINEERS BLEACHES 1929 EXHIBIT BIO TOWNHOMES PHASE II A CONDOMINICHI VILLA VERS 230° 1097 1096 1095 1122 E 1121 1120 1092 1093 1094 1117 1118 1119 BUILDING FIRST FLOOR BUILDING A FIRST FLOOR 1091 1090 1089 1116 1115 1114 1086 1087 1088 " 2953 P 1110 IIII 1112 BUILDING BUILDING W FIRST FLOOR FIRST FLOOR C.C. * CANNED COMMON PARK LANE CALY L. STEPHENSON AND ASSOCIATES CONSULTING ENGINEERS ZDA GEN EXHIBIT BI TOWNHOMES PHASE I A CONDOMINIUM 6/5/14 VELA WERDE ARRONG.
79149 1838 ASO نوع 12.17 1091 1445 1086 1017 200 1093 1095 1122 1121 1607 1117 1118 1096 1094 vari BUILDING SECOND FLOOR 1090 1087 BUILDING 6 SECOND FLOOR BUILDING SECOND 1115 FLOOR 111 ዘ 10:38 1017 1942 A 79149 1839 EE • GENERICHENN BUILDING SECOND FLOOR PARK LANE BILLY L. STEPHENSON AND ASSOCIATES CONSULTING ENGINEERS EXHIBIT BR TOWNHOMES PHASE II A CONDOANN #y OF RESOC.
1140 RH BUILDING BB FIRST FLOOR 1142 1154 1158 1164 no nó 170 1166 1139 1141 1153 1157 1163 1165 520 BUILDING X FIRST FLOOR 1152 1156 1136 1138 no 1135 1137 BUILDING CC FIRST FLOOR 1160 1162 no 1151 1155 BUILDING Y FIRST FLOOR EL.• CMITED COMM GE +GMORK COMMON BUILDING Z FIRST FLOOR 1159 1161 79140-18-10 EXHIBIT B/3 PARK LANE BILLY AND ASSOCIATES CONSULTING ENGINEER PHASE II.
A CONDOMINI VELA WERE ད་ 7993 1140° 1142 1154 1158 1164 1166
ON BUILDING Z FIRST FLOOR 1159 1161 79140-18-10 EXHIBIT B/3 PARK LANE BILLY AND ASSOCIATES CONSULTING ENGINEER PHASE II.
A CONDOMINI VELA WERE ད་ 7993 1140° 1142 1154 1158 1164 1166 1139 11941 nó 770 170 1153 1157 1163 1165 BUILDING X SECOND FLOOR 1152 1156 136 1/38 no "no" 1137 FRO 1151 BUILDING y SECOND FLOOR F 1155 BUILDING Z SECOND FLOOR E.C⚫ LIMITED COMPANY GL CONEMAL COMMON COMP SCREE BUILDING BB SECOND FLOOR 1162 20 No 1159 1161 BUILDING CC 79140 1811 SECOND FLOOR PARK LANE BLLYL HENSON ATES EXHIBIT BM TOWNHOMES PHASE I CONDOARIPE FLAM WILL WERE MITTITY BUILDING AA FIRST FLOOR 210 BUILDING FF RST FLOOR 1178 1177 : 1176 1146 1150 1173 1174 120.
1145 1149 no 10.35 1175 1144 1148 1172 1171 1170 no 1143 1147 1167 1168 1169 #22.0 74 2 79140 1812 Et + CANTED COMM G.COM com BUILDING GG FIRST FLOOR PARK LANE BILY L. STEPHENSON AND ASSOCIATES COMBATING ENGINEERS TN 5 EXHIBIT Ber TOWNHOMES PHASE II A CONDOM IN FLEM ✓ GAE/71 VILER WERDE.
7017 1146 1150 7x0 no 720 1145 1149 1172 1144 1148 1147 1176 1174 1175 BUILDING FF SECOND FLOOR 12.0 120 1167 1168 BUILDING AA SECOND FLOOR EC-ENATED COMMON GC. HEMEN BUILDING GE SECOND FLOOR PARK LANE ☐ 79140 1843 EXHIBIT BIG TOWNHOMES PHASE II A CONDORE ON PUMPE 41mm YZER WERE ABHORE 1189 1188 1189 1188 1647 1186 1187 1185 1186 1187 BUILDING DD FIRST FLOOR 1016 BUILDING DD SECOND FLOOR 1183 1182 1184 1183 1179 1180 1181 BUILDING EE FIRST FLOOR LC-EMATED COMM GC-GNAL COMMON UNIT HH SECOND FLOOR 1180 2. 1191 BUILDING EE SECOND FLOOR EXHIBIT B17 PARK LANE TEPHENSON UNIT HH FIRST FLOOR.
TOWNHOMES PHASE I A CONDOVANTAALIAN VILLA VERDE ASSOC.
79140 1811 TABULATIONS BUILDING CHIT FOR FLOOR LOW COXA FIN FLOOR KALNE JO ELEVATION JEZEVATION CLEMATION SE to FLOOR in FLOOR 23-AX:00 461.30 10:15 3026 ICEF 10:29
VILLA VERDE ASSOC.
79140 1811 TABULATIONS BUILDING CHIT FOR FLOOR LOW COXA FIN FLOOR KALNE JO ELEVATION JEZEVATION CLEMATION SE to FLOOR in FLOOR 23-AX:00 461.30 10:15 3026 ICEF 10:29 11:09 6101 123 1012 ECZA 462.9 A ᎤᏎᏗ .
SA COR SLEW 462.35 53.0 163.9 610 453.75 43.75 KTH $63.33 863.15 SEVER 101 442.35 1017 454.25 462.35 463.35 1:005 51-299 463.15 1:006 462.15 * ลา 54599 663.15 3020 2001 0001 0001 9*99 2015 WAS 10:30 0333 1032 1039 9504 1057 1054 1960 105 ocat 1901 647299 SEXEND 463.75 463.73 3.75 49.79 KATE99 BANTWO A *UPD 64.1.75 627699 SC899 GL*899 463.35 6'899 464.35 463.35 MA.15 BUILDING TABULATIONS D PT) UNIT FIN FLOOR FM CEILING FIN FLOOR FINCERING AREA A. ELEVATION ELEVATION ELEVATION ELEVATION F FLOOR in FLOOR wit $501 CERETO 063.35 FLOOR FLOOR 95 2265 [{69°626] $77.35 45.36" 533.503 472.13 1065 1047 1000 453.33 483.15 472.13 464.15 61-24 $43699 164.15 472.15 463,19 454.15 472.19 443,15 14.15 472.19 IS ESS 10:30 44.0 473,6 531.3 1030 2010 655.0 *599 Q' 473,0 472.0 969,49 1,210 564 $7008 664,0 472,0 1042 673.0 [890x 05-599 0*999 472.0 169,49 1,25) $51.53 65° 125" M4.50 477.30 1.063 463.30 464.50 472.90 $12.50 472,50 OGEWARE 464,50 * 14:01 05*244 05999 OTH 06*65 2075 472.59 05*994 06*65 591 057749 05*999 OSTES 1077 307 2079 1060 455,50 057599 05*$59 441.30 1066 06*859 443.50 901 455.50 463.90 1063 1069 1073 7401 6*96 06*249 969.49 OS*ZAV 05994 4066 472.50 969.49 472,99 05'199 464.30 464,50 * 472.50 472.50 .564 473.90 967.49 3287 -568 05*149 05999 473.9 473.0.
465.0 673,0.
0*599 GOOK $79.9.
*959 0*959 GROS QUARES PARK LANE
066 472.50 969.49 472,99 05'199 464.30 464,50 * 472.50 472.50 .564 473.90 967.49 3287 -568 05*149 05999 473.9 473.0.
465.0 673,0.
0*599 GOOK $79.9.
*959 0*959 GROS QUARES PARK LANE BILLYL. STEPHENSON AND ASSOCIATES TOWNHOMES PHASE I CONDOMIN SMEINIONS ONLIN – BUILDING TABULATIONS BUILDING TABULATIONS UNTER ANCOL AN AREA ☑ * 1106 459,65 13 3102 | 457.65 1100437.65 |QIRIT THE FLR. FILLER. FIR FIR FM GEIL. AREA – BROW ELEK ELEV FPS REMARKS AFLOOR FL.COM Be FLORAL 23 ■14.45 465.69 44.13 455.63 448.45. 1474,69 44.63 463.45 456.65 BUILDING NO 'AP2P ELEK FLORIDA PLOOR 3211 T 476,66554 970.6 A 11135 461,30 459.30 470.30 1478.30 1970.66 $70.65 [$10.66] 366 496 5431 364 |1193.04.496 553.5 .321 $70,65) 480.50 410,16 366 09459 | Mo ° ° ° 16 • T 1019 669.40 [668.60 64.69 103] 380 43.00) GALATA | $31.54.551° 1350 920.66 480.50 415.66 .56 1460.50 $70.20 EMELO $10.6566 3 480.50 $470.66] 670.66 560 M MA .1 $70.14 .364 M
$10.6566 3 480.50 $470.66] 670.66 560 M MA .1 $70.14 .364 M 01091457.00 W 35-8,731.
MA T -$10.64 $38.54 [321 +321 C3:] 474450478.20 0.50 053-0093 970.48 300 | $345 5952 $70,661,566 €70.66565 0532] LUX 1995* 54 PATH=399.59142.85-64738 106.55 EUR KITS FC99,354067.95 | 641.566.95 .34% 1910.64 18393.04 | 556.58.3 410.35 0 0 11111 $5605.06 31] B.
A A ☐ 1416.33 970.66564 [1109.644
564 [1109.644 $364 +$46 1993 33 ☑ 13 .6%+ T] $13,61 1913 64°059 2.55 8.75 469.31 A A 14974935 1933.06.594 133 KOʻROSJE 1998.66.364 ☑ 2173 *949° W יך יד W 1676.40 [676.40] (1103.00694 32 | 489.0 9780 [0*699.
T 康] *6%.8] 140.0 570.6 * 15170) 164.3 $10.50 1446
1676.40 [676.40] (1103.00694 32 | 489.0 9780 [0*699.
T 康] *6%.8] 140.0 570.6 * 15170) 164.3 $10.50 1446 $90.60566 |$96.0 |670.0 08 $14] .21 PARK LANE EXHIBIT CI TOWNHOMES PHASE I A CONGOINNIUM WILA WAGE MISOL.
UL E 79140 1816 -EXHIBIT D BYLAWS OR PARK LANE HOMEOWNERS ASSOCIATION, INC.
A NON-PROFIT CORPORATION The name of this non-profit corporation shall be Park Lane Homeowners Association, Inc. (the "Association ”).
ARTICLE L.
PURPOSE AND PARTIES 1. The purpose for which the Association is formed is to govern the condominium regime known as Park Lane Townhomes, A Condominium, situated in the County of Dallas, State of Texas, which property is described in that certain Declaration and Master Deed ("Declaration"), and which property shall be submitted to the regime created by the Condominium Act of the State of Texas by the recording of the Declaration and the Exhibits thereto, including a true and correct copy of these Bylaws. All definitions and terms contained in said Declaration shall apply hereto and are incorporated herein by reference.
2. All present or future Owners, tenants, future tenants of any Unit, or any other person who might use in any manner the facilities of the Project are subject to the provisions and any regulations set forth in these Bylaws. The mere acquisition, lease or rental
y Unit, or any other person who might use in any manner the facilities of the Project are subject to the provisions and any regulations set forth in these Bylaws. The mere acquisition, lease or rental of any Unit or the mere act of occupancy of a Unit will signify that these Bylaws are accepted, approved, ratified, and will be complied with.
PAYZ ARTICLE II.
7914) 18497 MEMBERSHIP, VOTING, MAJORITY OF OWNERS, QUORUM, PROXIES 1. Membership.
Except as is otherwise provided in these Bylaws, ownership of a Unit is required in order to qualify for membership in this Such Association. Any person on becoming an Owner of a Unit shall automatically become a Member of this Association and be subject to these Bylaws.
membership shall terminate without any formal Association action whenever_such person ceases to own a Unit, but such termination shall not relieve or release any such former Owner from any liability or obligation incurred under or in any way connected with this Association during the period of such ownership and membership in this Association, or impair any rights or remedies which the Owners have, either through the Board of Directors of the Association or directly against such former Owner and Member arising out of or in any way connected with ownership and membership and the covenants and obligations incident thereto.
2. Voting. The Owner or Owners of each Unit shall be entitled to one vote, the value of which shall equal the Common Interest assigned to said Owner's or Owners' Unit, as set forth in Exhibit "C" to the Declaration.
3. Majority of Owners. As used in these Bylaws, the term "majority of Owners" shall mean those voting Owners holding fifty-one percent (51%) of the Common Interest.
4. Quorum. Except as otherwise provided in these Bylaws, the presence
these Bylaws, the term "majority of Owners" shall mean those voting Owners holding fifty-one percent (51%) of the Common Interest.
4. Quorum. Except as otherwise provided in these Bylaws, the presence in person or by proxy of fifty-one percent (51%) of the Common Interest of the Owners shall constitute a quorum. In the event a quorum is not present, then the meeting called shall be adjourned, and notice of a new meeting for the same purposes within two (2) to four (4) weeks shall be sent by mail , at which meeting the number of Owners represented in person or by proxy shall be sufficient to constitute a quorum. An affirmative vote of a majority of the Owners present, either in person or by proxy, shall be required to transact the business of the meeting.
§. Proxies. Votes may be cast in person or by written proxy. No proxy shall be valid after eleven (11) months from the date of its execution unless specifically provided in the proxy. All proxies must be filed with the Secretary or Assistant Secretary of the Association before the appointed time of each meeting.
ARTICLE III.
ADMINISTRATION 1. Association Responsibilities. The Owners will constitute the Associa“ tion which will have the responsibility of administering the Project through a Board of Directors.
2. Place of Meeting, Meetings of the Association shall be held at such suitable place, convenient to the Owners, as the Board of Directors may determine.
3. Annual Meetings. The first meeting of the Association shall be held within thirty (30) days after the expiration of ninety (90) days from the date upon which there has occurred the conveyance by the Declarant of one hundred percent 79149 1848
ety (90) days from the date upon which there has occurred the conveyance by the Declarant of one hundred percent 79149 1848 Declarant. Thereafter, the annual meetings of the Association shall be held during the same month of each succeeding year as that in which the first meeting is held.
At such meetings there shall be elected by ballot of the Owners a Board of Directors in accordance with the requirements of Paragraph 5 of Article IV of these Bylaws. The Owners may also transact such other business of the Association as may properly come before them.
4. Special Meetings. It shall be the duty of the President to call a special meeting of the Owners as directed by resolution of the Board of Directors or upon a petition signed by a majority in voting interest of the Owners and having been presented to the Secretary or Assistant Secretary of the Association. The notice of any special meeting shall state the time and place of such meeting and the purpose thereof. No business except as stated in the notice shall be transacted at a special meeting unless by consent of two-thirds (2/3), in interest, of the Owners present, either in person or by proxy. Any such meetings shall be held after the first annual meeting and shall be held within thirty (30) days after receipt by the President of such resolution or petition.
5. Notice of Meetings. It shall be the duty of the Secretary or Assistant Secretary of the Association to mail a notice of each annual or special meeting, stating the purpose thereof as well as the time and place it is to be held, to each Owner of record, at least ten (10) days, but not more than thirty (30) days prior to
each annual or special meeting, stating the purpose thereof as well as the time and place it is to be held, to each Owner of record, at least ten (10) days, but not more than thirty (30) days prior to such meeting. The mailing of a notice in the manner provided in this paragraph shall be considered notice served.
6. Adjourned Meetings. If any meeting of Owners cannot be organized because a quorum has not attended, the Owners who are present, either in person or by proxy, may adjourn the meeting, from time to time, until a quorum is obtained. However, the place of the meetings must remain as stated in the notice.
7. Order of Business. The order of business at all meetings of the Owners of the Project shall be as follows: (b) JZODOS®ĒS Roll call and certifying proxies; Proof of notice of meeting or waiver of notice; Reading and disposal of unapproved minutes; Reports of officers; Reports of committees; Election of directors; Unfinished business; New business; and Adjournment.
: 79140 18-19 1 + ARTICLE IV.
BOARD OF DIRECTORS A * 1.
Number and Qualification. Until the first meeting of the Association, the affairs of this Asseciation shall be governed by a foard of Directors consisting of the three (3) persons delineated in the Articles of incorporation of the Association, and up tỷ two (2) additional persons appointed by Declarant upon Phase II becoming part of the Project. At such first meeting, there shall be elected any five (5) Members of the Association to the Board of Directors who shall thereafter govern the affairs of this Aneggiation until their accessors have been duly elected and qualified. (Three (3) of such Members shall be Owners of Units in Phase I and two (2) of such Members shall be Owners of Units in Phase II.
54
ggiation until their accessors have been duly elected and qualified. (Three (3) of such Members shall be Owners of Units in Phase I and two (2) of such Members shall be Owners of Units in Phase II.
54 2. Powers and Duties. The Board of Directors shall he the powers and daties necessary for the Edministration of the affairs of the Assogation and for the operation and maintenance of a residential moridominium projel in keeping with the character and quality of the neighborhood in which it is located. The Board of Directors may do all such hath and things except as by law or by nesa Bylaws or by the Declaration may not be delegated to the Board of Directors. 0.
Other Powers and Duties. Such powers and duties of the Board of Directors shall include, but shy it not be Umited to, the following, 1 l of which shall be done for and in behalf of the Owners of the Condominiums: (0) To administer and enforce the covenants, conditions, restrictions, fasements, uses limitations, obligations and 11 other provisions set forth in the Declaration, the Bylaws of the Association and supplements and amendments thereto.
To establish, make and enforce compliance with such reasonable rules and regulations as may be necessary for the operatid, use and occupancy of the Projebt with the right to amend same from time to shie. A copy of such rules and regulations shall be delivered or ¨to each Òwnęs promptly upon the adoption thereof.
(c). To acquire, construct, manage, maintain and keep in good order, conditions and repair all of the General and Limited Common Elements and all items of common personal property used by the Owners in the injoyment of the entis premises; except as such ɖuty may be specifically designated herein to gach Owner
and Limited Common Elements and all items of common personal property used by the Owners in the injoyment of the entis premises; except as such ɖuty may be specifically designated herein to gach Owner (d) To insure and keep insured all of the insurble General Common Elements of the Project in an amount equal to their maximum replacement value as provided in the Deglarations Maximum replacement value shall be determined annually by one or more written appraisals. Further, to obtain and maintain comprehensive public liability insurance as provided in the Declaration. To insure TALE 79140 1850 L .
and keep insured all of the fixtures, equipment and personal property acquired by the Associa Ion for the benefit of the Association and the Owners of the Units and their Mortgagees. The limits and coverage shall be reviewed at intervals of not less thar one (1) year and adjusted, if necessary, provide such coverage an I protection as the Association may deem rudent. So long as the Federal Home Loan Mortgage Corporation 'HLMC) is a Mortgagee of a Unit in the Project, or owns a uni thereit, the Association shall maintain in effect at least such es ualty, flood and liabilit▸ insurance and a fidelity bond, meeting s andard; established by FHLMC for planned developments, an publia red in the FHLMC "Servicer's Guide,” or otherwise, except to th: extent such requirements shall have been waived in writing by FILMC. Workmen's compensation insurance shall at all times be ca: ried to the extent required to comply with any applicable law with respect to the employees, if any, of the Association.
Bach Owner ma obtain additional instrance at his own expense for his own benefit. Insurance coverage on the furnishings and other items of personal property belonging to an Owner and
the Association.
Bach Owner ma obtain additional instrance at his own expense for his own benefit. Insurance coverage on the furnishings and other items of personal property belonging to an Owner and casualty and public liability insurance coverage within each unit are specifically made the responsibility of each Owne: (e) To prepare a Common Expense budget for the Project, "at least annually; to determine the amount of common charges payable by the Owners to meet the Common Expenses and to allocate Declara*tion and these Bylaws; by a majority vote of the Board to decrease or increase the amount of the monthly Assesments to levy and collect special Assessments whinever, in the opinion of the Board, it is necessary to do so in order to ment increased operating or maintenance expenses at costs, or additional capital expenses, or because of emergencies.
(f) To collect felinquent assessments by suit or otherwise and to enjoin and seek da nages from an Owner w 10 may be in default as is provided in the Declaration and these Bylaws. To provide for and enforco a per diem lete charge and to collect interest .
(g) To protect and defend the entire Project from loss and damage by suit or otherwise.
(h) To borrow funds in order to pay for any expenditure or outlay required pursuant to authority granted by the provisions of the Declaration and these Bylaws, and to exacute all such instruments evidencing such indebterness as the Board of Directors may deem necessary. Such indebteriness shall be the several obligation of all of the Owners in the same proportion as their Common Interest .
1. 1.
TAKE 79140 1851 -(i)and powers.
To enter into contracts within the scope of their duties
shall be the several obligation of all of the Owners in the same proportion as their Common Interest .
1. 1.
TAKE 79140 1851 -(i)and powers.
To enter into contracts within the scope of their duties (f) To establish a bank account or accounts for the common treasury and for all separate funds which are required or may be deemed advisable by the Board of Directors.
(k) To make repairs, additions, alterations and improvements to the Common Elements consistent with managing the Project in a manner in keeping with the character and quality of the neighborhood in which it is located, the best interests of the Owners and the Declaration and these Bylaws.
(1) To keep and maintain full and accurate books and records showing all of the receipts, expenses or disbursements and to permit examination thereof at any reasonable time by each of the Owners , and to cause a complete audit of the books and accounts by a certified or public accountant, once each year.
(m) To prepare and deliver annually to each Owner a statement showing receipts, expenses of disbursements since the last such statement.
(n) To meet at least once each quarter; provided that any Board of Directors meeting may be attended and conducted by telephone or other device which permits all of the Directors in attendance to participate in such meeting, and provided further that any action required to be taken at any meeting of the Board of Directors, or any action which may be taken at such meeting, may be taken without a meeting if a consent in writing, setting forth the action so taken , shall be signed by all of the members of the Board.
(0) To designate the personnel necessary for the maintenance and operation of the General and Limited Common Elements.
forth the action so taken , shall be signed by all of the members of the Board.
(0) To designate the personnel necessary for the maintenance and operation of the General and Limited Common Elements.
(p) In general, to carry on the administration of this Association and to do all of those things necessary and reasonable in order to carry out the governing and the operation of this Project.
(q) The Board of Directors may employ for the Association a management agent (Managing Agent) who may be delegated and shall exercise some or all of the powers granted to the Board of Directors by the Declaration and Bylaws as determined by the Board, except for the powers of attorney-in-fact set forth in the Declaration.
Any agreement for professional management of the Project, or any other contract providing for services by the Declarant, must have a maximum contract term of three years and must provide for termination by either party without cause or payment of a termination fee on ninety (90) days' or less written notice.
-679149 1832 (r) To prepare and file annual tax returns with the federal government and to make such elections as may be necessary to reduce or eliminate the tax liability of the Association. Without limiting the generality of the foregoing, the Board may, on behalf of the Association, elect to be taxed under Section 528 of the Internal Revenue Code or any successor statute conferring income tax benefits on homeowners' associations. In connection therewith, the Board shall take such steps as are necessary to assure that the income and expenses of the Association for any taxable year shall meet the limitations and restrictions provided in said Section 528 of the Internal Revenue Code or any successor statute conferring benefits
and expenses of the Association for any taxable year shall meet the limitations and restrictions provided in said Section 528 of the Internal Revenue Code or any successor statute conferring benefits on homeowners' associations as are in effect from time to time.
Initially the Board shall comply with the following limitations and restrictions: 4.
(t) At least sixty percent (60%) of the gross income of the Association for any taxable year shall consist solely of amounts received as membership dues, fees, or assessments from Unit Owners; (ii) At least ninety percent (90%) of the expenditures of the Association for any taxable year shall be for the acquisition, construction, management, maintenance, and care of Association property; (ILL) No part of the net earnings of the Associ ation shall inure (other than by acquiring, constructing, or providing management, maintenance, and care of Association property and other than by a rebate of excess membership dues, fees, or Assessments) to the benefit of any private Member or individual. În addition, the Board shall take such steps as are necessary to insure that substantially all of the Units will be used as residences.
No Waiver of Rights. The omission or fallure of the Association or any Owner to enforce the covenants, conditions, restrictions, easements, uses, limitations, obligations or other provision of the Declaration, the Bylaws or the rules and regulations adopted pursuant thereto, shall not constitute or be deemed a waiver, modification or release thereof, and the Board of Directors or the Managing Agent shall have the right to enforce the same thereafter .
5. Election and Term of Office. At the first meeting of the Association the term of office of three (3) Directors shall be fixed at two (2) years; and the
ve the right to enforce the same thereafter .
5. Election and Term of Office. At the first meeting of the Association the term of office of three (3) Directors shall be fixed at two (2) years; and the term of office of two (2) Directors shall be fixed at one (1) year. At the expiration of the initial term of office of each respective Director, his successor shall be elected to serve a term of two (2) years. The Directors shall hold office until their successors have been elected and hold their first meeting, except as is otherwise provided.
0779140 1853 6.
Vacancies. Vacancies in the Board of Directors caused by any reason other than the removal of a Director by a vote of the Association shall be filled by vote of the majority of the remaining Directors, even though they may constitute less than a quorum; and each person so elected shall be a Director until a successor is elected at the next annual meeting of the Association.
7. Removal of Managers. At any regular or special meeting duly called, any one or more of the Directors may be removed with or without cause by a majority of Owners, and a successor may then and there be elected to fill the vacancy thus created. Any Director whose removal has been proposed by the Owners shall be given an opportunity to be heard at the meeting.
8. Organization Meeting. The first meeting of a newly elected Board of Directors following the annual meeting of the Owners shall be held within ten (10) days thereafter at such place as shall be fixed by the Directors at the meeting at which such Directors were elected, and no notice shall be necessary to the newly elected Directors in order legally to constitute such meeting, providing a majority of the whole Board shall be present.
9.
h such Directors were elected, and no notice shall be necessary to the newly elected Directors in order legally to constitute such meeting, providing a majority of the whole Board shall be present.
9.
Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place as shall be determined, from time to time, by a majority of the Directors but at least one such meeting shall be held during each calendar quarter. Notice of regular meetings of the Board of Directors shall be given to each Director, personally or by mail, telephone or telegraph, at least five (6) days prior to the day named for such meeting.
10. Special Meetings. Special meetings of the Board of Directors may be called by the President on five (5) days' notice to each Director, given personally or by mail, telephone or telegraph, which notice shall state the time, place (as hereinabove provided) and purpose of the meeting. Special meetings of the Board of Directors shall be called by the President or Secretary or Assistant Secretary of the Association in like manner and on like notice on the written request of one or more Director.
11. Waiver of Notice. Before or after any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting.
12. Board of Directors' Quorum. At all meetings of the Board of Directors, a majority of the Directors shall constitute a quorum for the transaction
and any business may be transacted at such meeting.
12. Board of Directors' Quorum. At all meetings of the Board of Directors, a majority of the Directors shall constitute a quorum for the transaction of business, and the acts of the majority of the Directors present at a meeting at which a quorum is present shall be the acts of the Board of Directors. If, at any meeting of the Board of Directors, there be less than a quorum present, the majority of those present may adjourn the meeting from time to time. At any such adjourned meeting, any business which might have been transacted at the meeting as originally called may be transacted without further notice.
-879140 1854 13. Fidelity Bonds. The Board of Directors shall require that all officers and employees of the Association or of the Managing Agent, if any, handling or responsible for Association funds shall furnish adequate fidelity bonds.
premiums on such bonds shall be a Common Expense.
14.
The Compensation. No member of the Board of Directors shall receive any compensation for acting as such, ARTICLE V.
FISCAL MANAGEMENT The provision for fiscal management of the Project for and in behalf of all of the Owners as set forth in the Declaration shall be supplemented by the following provisions: 1. Accounts. The funds and expenditures of the Owners by and through the Association shall be credited and charged to accounts under the following classifications as shall be appropriate, all of which expenditures shall be Common Expenses: (a) Current expense, which shall include all funds and expenditures within the year for which the funds are budgeted, including a reasonable allowance for contingencies and working funds, except expenditures chargeable to reserves and to additional Improvements.
tures within the year for which the funds are budgeted, including a reasonable allowance for contingencies and working funds, except expenditures chargeable to reserves and to additional Improvements.
(b) Reserve for deferred maintenance, which shall include funds for maintenance Items which occur less frequently than annually.
(a) Reserve for replacement (sinking fund), which shall include funds for repair or replacement required because of damage, wear or obsolescence.
1.
ARTICLE VI.
OFFICERS Designation. The officers of the Association shall be a President, one or more Vice-Presidents, a Secretary, and a Treasurer, all of whom shall be elected by the Board of Directors, and such assistant officers as the Board of Directors shall, from time to time, elect. Such officers need not be members of the Board of Directors, but each shall be either an Owner of a Unit or, if the Owner is a firm, partnership, corporation, association or other legal entity, the authorized represen-97914) 1855 tative of such entity, or the Declarant or his representative(s). The office of -President and Treasurer may be held by the same person, and the office of Vice President and Secretary or Assistant Secretary may be held by the same person.
2. Election of Officers. The officers of the Association shall be elected annually by the Board of Directors at the organizational meeting of each new Board and shall hold office subject to the continuing approval of the Board.
3. Resignation and Removal of Officers. Upon an affirmative vote of a majority of the members of the Board of Directors, any officer may be removed, either with or without cause, and his successor elected at any regular meeting of the Board of Directors, or at any special meeting of the Board called for such
Directors, any officer may be removed, either with or without cause, and his successor elected at any regular meeting of the Board of Directors, or at any special meeting of the Board called for such purpose. Any officer may resign at any time by giving written notice to the Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
4. Vacancies. A vacancy in any office because of the death, resignation, removal, disqualification or otherwise of the officer previously filling such office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces .
5. President. The President shall be the chief executive officer of the Association. He shall preside at all meetings of the Association and of the Board of Directors. He shall have all of the general powers and duties which are usually vested in the office of president of an association, including but not limited to the power to appoint committees from among the Owners from time to time as he may in his discretion decide is appropriate to assist in the conduct of the affairs of the Association or as may be established by the Board or by the Members of the Association at any regular or special meetings.
6. Vice-President. The Vice President shall have all the powers and authority and perform all the functions and duties of the President, in the absence of the President, or his inability for any reason to exercise such powers and functions or perform such duties, and also perform any duties he is directed to
nd duties of the President, in the absence of the President, or his inability for any reason to exercise such powers and functions or perform such duties, and also perform any duties he is directed to perform by the President.
7. Secretary. The Secretary shall keep all the minutes of the meeting of the Board of Directors and the minutes of all meetings of the Association; he shall have charge of such books and papers as the Board of Directors may direct; and he shall, in general, perform all the duties incident to the office of Secretary and as is provided in the Declaration and the Bylaws.
The Secretary shall compile and keep up to date at the principal office of the Association a complete list of Members and their last known addresses as shown on the records of the Association. Such list shall also show opposite each Member's name the number or other appropriate designation of the Unit owned by such Member, the undivided percentage interest in the Common Elements of such Member and a description of the Limited Common Elements assigned for exclusive -1079140 1856 use in connection with such Unit. Such list shall be open to inspection by Members and other persons lawfully entitled to inspect the same at reasonable times during regular business hours.
8. Assistant Secretary. The Assistant Secretary, if any, shall have all the powers and authority to perform all the functions and duties of the Secretary in the absence of the Secretary or in the event of the Secretary's inability for any reason to exercise such powers and functions or to perform such duties, and also to perform any duties he is directed to perform by the Secretary.
9. Treasurer. The Treasurer shall have responsibility for Association
se such powers and functions or to perform such duties, and also to perform any duties he is directed to perform by the Secretary.
9. Treasurer. The Treasurer shall have responsibility for Association funds and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Association. He shall be responsible for the deposit of all monies and other valuable effects in the name and to the credit of the Association in such depositaries as may from time to time be designated by the Board of Directors. In the event a Managing Agent has the responsibility of collecting and disbursing funds, the Treasurer shall review the accounts of the Managing Agent within fifteen (15) days after the first day of each month.
ARTICLE Vд.
INDEMNIFICATION OF OFFICERS, DIRECTORS AND MANAGING AGENT 1. Indemnification. The Association shall have the power to indemnify any Officer or Director thereof who was or is a party, or is threatened to be made a party, to any threatened, pending, or completed action, suit or proceeding , whether civil, criminal, administrative, or investigative (whether or not by or in the right of the Association) by reason of the fact that such person is or was a Director or Officer of the Association, against expenses (including but not limited to attorneys' fees and cost of the proceeding), judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with or in defense of such action, suit or proceeding if such person acted in good faith and in a manner which such person reasonably believed to be in or not opposed to the best Interests of the Association. Provided, that with respect to: (1) any criminal action
rson acted in good faith and in a manner which such person reasonably believed to be in or not opposed to the best Interests of the Association. Provided, that with respect to: (1) any criminal action or proceeding, such person had no reasonable cause to believe that his conduct was unlawful; or (2) any civil claim, issue or matter, such person shall not be guilty of gross negligence or willful misconduct in the performance of his duties to the Association. Termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that such person had reasonable cause to believe that his conduct was unlawful, or that such person did not act in good faith or in a manner which he reasonably believed to be in or not opposed to the best interests of the Association, all such matters being determined solely and exclusively for the purpose of indemnification as herein provided.
-11i F 79149 1857 Indemnification under the preceding paragraph shall be made by the Association only as authorized-in each specific case upon the determination that indemnification of such person is proper in the circumstances because he has met the applicable standards of conduct as set forth herein. Such determination shall be made (1) by the Board of Directors by a majority vote of a quorum consisting of Directors who were not parties to such action, suit or proceeding; or (2) if such a quorum is not obtainable by (a) independent legal counsel in a written opinion, or (b) the Members of the Association and no Member shall be disqualified from voting because he is or was party to any such action, suit or proceeding. Indemnification
l counsel in a written opinion, or (b) the Members of the Association and no Member shall be disqualified from voting because he is or was party to any such action, suit or proceeding. Indemnification so determined may be paid, in part, before the termination of such action, suit or proceeding upon the receipt by the Association of an undertaking by or on behalf of the person claiming such indemnification to repay all sums so advanced if it is subsequently determined that he is not entitled thereto as provided in this Article.
To the extent that a Director or Officer of the Association has been successful on the merits or otherwise in the defense of any action, suit or proceeding, whether civil or criminal, such person shall be indemnified against such expenses (including costs and attorneys' fees) actually and reasonably incurred by him in connection therewith.
Indemnification provided herein shall be exclusive of any and all other rights and claims to which those indemnified may be entitled as against the Association, and every Director or Officer thereof under any Bylaw, resolution, agreement or law and any request for payment hereunder shall be deemed a waiver of all such other rights, claims or demands as against the Association and each Director, Officer and employee thereof. The indemnification provided herein shall inure to the benefit of the heirs, executors, administrators and successors of any person entitled thereto under the provision of this Article.
The Association shall purchase and maintain insurance on behalf of any person who is or was a Director, Officer, employee or agent of the Association against any liability asserted against him and incurred by him in any such capacity,
maintain insurance on behalf of any person who is or was a Director, Officer, employee or agent of the Association against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the Association would have the power to indemnify him against such liability under the provision of this Article.
All liability, loss, damage, cost and expense incurred or suffered by the Association by reason or arising out of or in connection with the foregoing indemnification provisions shall be treated and handled by the Association as Common Expenses; provided, however, that nothing in this Article VII contained shall be deemed to obligate the Association to indemnify any Member or Owner of a Unit who is or has been a manager or officer of the Association with respect to any duties or obligations assumed or liability incurred by him under and by virtue of the Declaration and these Bylaws that were assumed or incurred outside of his conduct specifically related to the fulfillment of his duties as an Officer or Director of the Association.
2. Other. The Board of Directors, Officers or the Managing Agent shall enter contracts or other commitments as agents for the Association, and they shall have no personal liability for any such contract or commitment (except such liability as may be ascribed to them in their capacity as Owners), and the liability 79140 1858 -12: : : 1 of any Owner on such contract or commitment shall be limited to such proportionate share of the total liability thereof that the Common Interest of each Owner bears to the aggregate Common Interest of all of the Owners as set forth in Exhibit "C" of the Declaration.
ARTICLE VIII.
AMENDMENTS TO BYLAWS
liability thereof that the Common Interest of each Owner bears to the aggregate Common Interest of all of the Owners as set forth in Exhibit "C" of the Declaration.
ARTICLE VIII.
AMENDMENTS TO BYLAWS 1. Amendments to Bylaws. These Bylaws may be amended in writing by the Association at a duly constituted meeting called for such purpose or in any regular meeting so long as the notice of such meeting sets forth the complete text of the proposed amendment. No amendment shall be effective unless approved by the majority of Owners.
ARTICLE IX.
EVIDENCE OF OWNERSHIP, REGISTRATION OF MAILING ADDRESS AND DESIGNATION OF VOTING REPRESENTATIVE 1. Proof of Ownership. Except for those Owners who purchase a Unit from Declarant, any person, on becoming an Owner of a Unit, shall furnish to the Managing Agent or Board of Directors a true and correct copy of the original or a certified copy of the recorded Instrument vesting that person with an interest or ownership in the Unit, which copy shall remain in the files of the Association. A Member shall not be deemed to be in good standing nor shall he be entitled to vote at any annual or special meeting of Members unless this requirement is first met.
2. Registration of Mailing Address. The Owner or several Owners of an individual Unit shall have one and the same registered mailing address to be used by the Association for mailing of monthly statements, notices, demands and all other communications, and such registered address shall be the only mailing address of a person or persons to be used by the Association. Such registered address of an Owner or Owners shall be deemed to be the mailing address of the Unit owned by said Owner or Owners unless a different registered address is
o be used by the Association. Such registered address of an Owner or Owners shall be deemed to be the mailing address of the Unit owned by said Owner or Owners unless a different registered address is furnished by such Owner(s) to the Managing Agent or Board of Directors within fifteen (15) days after transfer of title, or after a change of address; and such registration shall be in written form and signed by all of the Owners of the Unit or by such persons as are authorized by law to represent the interest of (all of) the Owner(s) thereof.
3. Designation of Voting Representative - Proxy. If a Unit is owned by one individual, his Fight to vote shall be established by the record title thereto. If title to a Unit is held by more than one individual or by a firm, corporation, partnership, association, or other legal entity, or any combination thereof, such Owners shall execute a proxy appointing and authorizing one individual or alternate -1379140 1859 individuals to attend all annual and special meetings of Members and thereat to cast whatever vote the Owners themselves might collectively cast if they were personally present. Such proxy shall be effective and remain in force unless voluntarily revoked, amended or sooner terminated by operation of law; provided, …..
however, that no proxy shall be valid after eleven (11) months from the date of execution unless specifically provided therein. Also, within thirty (30) days after such revocation, amendment or termination , the Owners shall reappoint and authorize one individual or alternate individuals to attend all annual and special meetings as provided by this Paragraph 3.
The requirements herein contained in this Article X shall be first met before an Owner of a Unit shall be deemed in good standing and
d all annual and special meetings as provided by this Paragraph 3.
The requirements herein contained in this Article X shall be first met before an Owner of a Unit shall be deemed in good standing and entitled to vote at an annual or special meeting.
ARTICLE X.
OBLIGATIONS OF THE OWNERS 1.
Assessments: (a) Monthly Assessments. Assessments shall be due monthly in advance on the first day of each month. After monthly Assessments have been set by the Board of Directors, the Board of Directors shall prepare and deliver or mail to each Owner an individual statement of the Owner's monthly Assessment; thereafter, monthly statements shall be prepared and delivered or mailed only in the event of a change in the monthly Assessment , the levying of a special Assessment or in the event an Owner becomes delinquent in payment of the monthly Assessments.
The Assessments made for Common Expenses shall be based upon the cash requirements deemed to be such aggregate sum as the Board of Directors of the Association determines is to be paid by all of the Owners, including the Declarant, to provide for the payment of all estimated expenses growing out of or connected with the maintenance, repair, operation, additions, alterations and improvements of and to the Common Elements, which sum may include, but shall not be limited to: Expenses of management; taxes and special assessments until separately assessed; premiums for fire insurance with extended coverage and vandalism and malicious mischief with endorsements attached issued in the amount of the maximum replacement value of all of the Units (including all fixtures, interior walls and partitions, decorated and finished surfaces of perimeter walls, floors and ceilings, doors, windows and other elements or
lacement value of all of the Units (including all fixtures, interior walls and partitions, decorated and finished surfaces of perimeter walls, floors and ceilings, doors, windows and other elements or materials comprising a part of the Units); casualty and public liability and other insurance premiums; landscaping and care of grounds; common lighting; repairs and renovations; removals of pollutants and trash collections; wages; utility charges for Common Elements; 7914) 1860 -14beautification and decoration; professional, including legal and accounting fees (except that no Association funds may be used forthe purpose of bringing suit against the Declarant, his representatives, successors or assigns), management fees, expenses and liabilities incurred by the Managing Agent or Board of Directors on behalf of the Owners under or by reason of this Declaration and the Bylaws of the Association; for any deficit arising or any deficit remaining from a previous period; the creation of a reasonable contingency fund, reserves, working capital, and sinking funds as well as other costs and expenses relating to the Common Elements. In the event the cash requirements for Common Expenses exceed the aggregate assessments made pursuant to this Article, the Board of Directors for the Association may from time to time and at any time make pro rate increases or decreases in the monthly Assessments. The omission or failure to fix the assessment for any period shall not be deemed a waiver, modification or a release of the Owners from their obligation to pay the same.
(b) Special Assessments. In addition to those monthly assessments described in Paragraph (a) above, special Assessments may be made from time to time by the Board of Directors of the
to pay the same.
(b) Special Assessments. In addition to those monthly assessments described in Paragraph (a) above, special Assessments may be made from time to time by the Board of Directors of the Association to meet other needs or to construct or establish facilities deemed of benefit to the Association and the Owners by the Board of Directors or to overcome deficits in the monthly operating budgets.
However, there shall be no special Assessments for additions, alterations or improvements of or to the Common Elements, requiring an expenditure by the Association in excess of $20,000 in any one calendar year without the prior approval of the majority of Owners.
Such limitations shall not be applicable, however, to special Assessments for the replacement, repair, maintenance or restoration of any Common Elements which are to be paid for by the Association according to the Declaration and these Bylaws and shall not be applicable to the purchase, if any, by the Association of a Unit for use as an office by the Association.
(c) Voting. A Member shall be deemed in good standing and entitled to vote at any annual or special meeting of the Members, within the meaning of these Bylaws, If, and only if, he shall have fully paid all Assessments made or levied against him and the Unit owned by him.
(d) Owner's Personal Obligation for Payment of Assessments. The amount of total Assessments against each Unit shall be the personal and individual debt of the Owner thereof. The Board of Directors shall have the responsibility to take prompt action to collect any unpaid Assessment in accordance with the terms of the Declaration.
During the development and sale period (which shall be defined as the period up to the time of the first annual meeting of the -15Ak 79140 1861
sment in accordance with the terms of the Declaration.
During the development and sale period (which shall be defined as the period up to the time of the first annual meeting of the -15Ak 79140 1861 Association to be held within thirty (30) days after the expiration of ninety (90) days from the date upon which there has occurred the conveyance by the Declarant of one hundred percent (100%) in number of the Units in the Project, or sooner if elected by Declarant).
the Declarant shall be responsible for payment of all Association Assessments for the unsold Units at the time the expense is incurred.
So long as the Declarant owns one or more of the Units, he shall be subject to the provisions of the Declaration and these Bylaws.
2. Vendor's Lien. The obligations of each Owner to pay Assessments shall be secured by a Vendor's Lien retained in said Owner's Deed to his Unit, said Vendor's Lien being more particularly described in Section 4.3 of the Declaration.
Notice of Lien or Suit. An Owner shall give notice to the Association of every len or encumbrance upon his Unit, other than for taxes and special Assessments, and notice of every suit or other proceeding which may affect the title to his Unit, and such notice shall be given within five (5) days after the Owner has knowledge thereof.
4.
Owner's Maintenance and Repair.
(a) Maintenance and repair shall be according to the Declaration. An Owner shall maintain and keep in repair the interior of his own Unit, including the fixtures thereof. All fixtures and equipment installed within the Unit (unless otherwise herein designated a Common Expense) commencing at a point where the utilities enter the Unit shall be maintained and kept in repair by the Owner thereof. An Owner shall do no act nor omit to do any act that will
nated a Common Expense) commencing at a point where the utilities enter the Unit shall be maintained and kept in repair by the Owner thereof. An Owner shall do no act nor omit to do any act that will impair the structural soundness or integrity of any Building or impair any easement or hereditament (nor shall he make any changes to the individual patio or balcony appurtenant to his Unit, if any). In the event of any question or ambiguity herein with respect to maintenance responsibility, such responsibility shall be determined pursuant to the Chart of Maintenance Responsibility attached hereto as Exhibit "A" and incorporated herein by reference.
(b) An Owner shall be obligated to reimburse the Association promptly upon receipt of its statement for any expenditures incurred by it in repairing or replacing any General or Limited Common Element damaged by his negligence or by the negligence of his tenants or agents or guests.
5. Mechanic's Lien. Each Owner agrees to indemnify and to hold each of the other Owners harmless from any and all claims of mechanic's Hen filed against other Units and the appurtenant Common Elements for labor, materials, services or other products incorporated in the Owner's Unit.
In the event such a lien is filed and/or a suit for foreclosure of mechanic's lien is commenced, then within ten (10) days thereafter such Owner shall be required to deposit with the Association cash or negotiable securities equal to -167914) 1862 double the amount of such claim plus interest at ten percent (10%) per annum for one (1) year together with the sum equal to ten percent (10%) of the amount of such claim, but not less than TWO HUNDRED FIFTY and 00/100 DOLLARS ($250.00), which latter sum may be used by the Association for any costs and
with the sum equal to ten percent (10%) of the amount of such claim, but not less than TWO HUNDRED FIFTY and 00/100 DOLLARS ($250.00), which latter sum may be used by the Association for any costs and expenses incurred, including attorney's fees incurred for legal advice and counsel.
Except as is otherwise provided, such sum or securities shall be held by the Association pending final adjudication or settlement of the claim or litigation.
Disbursement of such funds or proceeds shall be made by the Association to insure payment of or on account of such final judgment or settlement. Any deficiency, Including attorney's fees incurred by the Association, shall be paid forthwith by the subject Owner, and his failure to so pay shall entitle the Association to make such payment, and the amount thereof shall be a debt of the Owner, and a lien against his Unit may be foreclosed as is provided in the Declaration for no-payment of such debt. All advancements, payments, costs and expenses, including attorney's fees, incurred by the Association shall be forthwith reimbursed to it by such Owner(s), and the Owner(s) shall be liable to the Association for the payment of interest at the rate of ten percent (10%) per annum on all such sums paid or incurred by the Association.
8.
General.
(a) Each Owner shall comply strictly with the provisions of the recorded Declaration and these Bylaws and amendments thereto.
(b) Each Owner shall always endeavor to observe and promote the cooperative purposes for the accomplishment of which this Project was declared.
7. Use of General Common Elements and Limited Common Elements.
Each Owner may use the General Common Elements and Limited Common Elements in accordance with the purpose for which they were intended without
e of General Common Elements and Limited Common Elements.
Each Owner may use the General Common Elements and Limited Common Elements in accordance with the purpose for which they were intended without hindering or encroaching upon the lawful rights of the other Owners.
Right of Entry.
8.
(a) An Owner shall grant the right of entry to the Managing Agent or to any other person authorized by the Association in case of an emergency originating in or threatening his Unit, whether the Owner is present at the time or not.
(b) An Owner shall permit other Owners, or their representatives, to enter his Unit for the purpose of performing installations, alterations or repairs to the mechanical, electrical or utility services which, if not performed, would affect the use of other Unit(s); provided that requests for entry are made in advance and that such entry is at a time convenient to the Owner. In case of an emergency, such right of entry shall be immediate.
-17YUL PALE 73140 1863 9.
Rules and Regulations.
(a) The initial rules and regulations, which shall be effective until amended or supplemented by the Association, are attached hereto as Exhibit "B" and incorporated herein by reference.
(b) The Board of Directors, pursuant to Paragraph 3(b) of Article IV of these Bylaws, reserves the power to establish, make and enforce compliance with such additional rules as may be necessary or desirable for the efficient and enjoyable operation, use and occupancy of this Project with the right to amend same from time to time. Copies of such rules and regulations shall be furnished to each Owner prior to the date when the same shall become effective.
ARTICLE XI.
ABATEMENT AND ENJOINMENT OF VIOLATIONS BY OWNERS 1. Abatement and Enjoinment. The violation of any rule or regulation,
to each Owner prior to the date when the same shall become effective.
ARTICLE XI.
ABATEMENT AND ENJOINMENT OF VIOLATIONS BY OWNERS 1. Abatement and Enjoinment. The violation of any rule or regulation, or the breach of any Bylaw, or the breach of any provision of the Declaration, shall give the Board of Directors or the Managing Agent the right, in addition to any other rights set forth in the Declaration or herein, (i) to enter the Unit in which, or as to which, such violation or breach exists and to summarily abate and remove, at the expense of the defaulting Unit Owner, any person, structure, thing or condition that may exist therein contrary to the intent and meaning of the provisions thereof, and the Board of Directors or Managing Agent shall not be deemed guilty in any manner of trespass; and to expel, remove and put out, using such force as may be necessary in so doing, without being liable to prosecution or any damages therefor; and (ii) to enjoin, abate, or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any breach.
ARTICLE XII.
COMMITTEES 1. Designation. The Board of Directors may, but shall not be required to, appoint an executive committee, and it may designate and appoint members to the standing committees.
2. Executive Committee. The executive committee shall consist of at least three (3) persons who are Members and who shall be appointed by the Board of Directors from the members of the Board. One Member shall be the President.
The executive committee shall supervise the affairs of the Association and shall regulate its internal economy, approve expenditures and commitments, act and carry out the established policies of the Association and report to the Directors at -187914) 1864
Association and shall regulate its internal economy, approve expenditures and commitments, act and carry out the established policies of the Association and report to the Directors at -187914) 1864 each meeting of the Board. The executive committee may hold regular meetings, monthly or as it may in its discretion determine . Special meetings may be called at any time by the chairman of the committee or by any of its members, either personally or by mail, telephone or telegraph, and a special meeting may be held by telephone.
3. Nominating Committee. Before each annual meeting, the Board of Directors may appoint a committee of three Members who shall nominate candidates for the Board. The names of the candidates shall be submitted on or Members may submit names of before thirty (30) days before the election.
candidates other than those submitted by the nominating committee at least sixty (60) days prior to the election. Unless such names are submitted, either by the nominating committee or by the Members , no person shall be elected whose name is not so submitted unless no nominations are made, in which event the names of candidates shall be submitted at the election by the Members.
4. Architectural Control Committee. Unless and until the Declarant has appointed an Architectural Control Committee in accordance with the Declaration, the Board shall either perform the functions of the Architectural Control Committee or shall appoint ( together with Declarant as provided in the Declaration) a separate Architectural Control Committee consisting of three (3) Members who shall serve concurrent one (1 ) year terms. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose.
ee consisting of three (3) Members who shall serve concurrent one (1 ) year terms. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose.
5. Vacancies. A vacancy in any committee shall be filled by the President until the next meeting of the Board of Directors.
ARTICLE XIII.
NON-PROFIT ASSOCIATION This Association is not organized for profit. No Member, member of the Board of Directors, officer or person from whom the Association may receive any property or funds shall receive or shall be lawfully entitled to receive any pecuniary profit from the operation thereof , and in no event shall any part of the funds or assets of the Association be paid as salary or compensation to, or distributed to, or inure to the benefit of any member of the Board of Directors, officer or Member; provided, however, always (1) that reasonable compensation may be paid to any Member, manager or officer while acting as an agent or employee of the Association for services rendered in effecting one or more of the purposes of the Association, and (2) that any Member, manager or officer may, from time to time, be reimbursed for his actual and reasonable expenses incurred In connection with the administration of the affairs of the Association.
-1979140 1865 ARTICLE XIV.
EXECUTION OF DOCUMENTS The persons who shall be authorized to execute any and all contracts, documents, instruments or conveyance or encumbrances, including promissory notes, shall be two, one of each of the President or any Vice President , and the Secretary or any Assistant Secretary of the Association.
ARTICLE XV.
PROXY TO TRUST Owners shall have the right to irrevocably constitute and appoint their
he President or any Vice President , and the Secretary or any Assistant Secretary of the Association.
ARTICLE XV.
PROXY TO TRUST Owners shall have the right to irrevocably constitute and appoint their Mortgagees their true and lawful attorney to vote their Unit membership in this Association at any and all meetings of the Association and to vest in such beneficiary or his nominees any and all rights, privileges, and powers that they have as Owners under the Bylaws of this Association or by virtue of the Declaration. Such proxy shall become effective upon the filing of a notice by the beneficiary, with the Secretary or Assistant Secretary of the Association at such time or times as the beneficiary shall deem its security in jeopardy by reason of the failure, neglect, or refusal of the Association, the Managing Agent, or the Owners to carry out their duties as set forth in the Declaration . Such proxy shall be valid until such time as a release of the beneficiary's deed of trust is executed and a copy thereof delivered to the Secretary or Assistant Secretary of the Association, which shall operate to revoke such proxy. Nothing herein contained shall be construed to relieve Owners or to impose upon the beneficiary of the Deed of Trust the duties and obligations of an Owner.
ARTICLE XVI.
CONFLICTING OR INVALID PROVISIONS Notwithstanding anything contained herein to the contrary, should all or part of any Article of these Bylaws be in conflict with the provisions of the Texas Non-Profit Corporation Act or the Condominium Act of the State of Texas, as amended, such Acts shall control; and should any part of these Bylaws be invalid or inoperative for any reason, the remaining parts, so far as is possible and is reasonable, shall be valid and operative.
-2079140 1866
shall control; and should any part of these Bylaws be invalid or inoperative for any reason, the remaining parts, so far as is possible and is reasonable, shall be valid and operative.
-2079140 1866 ARTICLE XVII.
NOTICES All notices to Members of the Association shall be given by delivering the same to each Owner in person or by depositing the notices in the U.S. Mail, postage prepaid, addressed to each Owner at the address last given by each Owner to the Secretary of the Association. If an Owner shall fall to give an address to the Secretary for mailing of such notices, all such notices shall be sent to the Unit of such Owner, and all Owners shall be deemed to have been given notice of the meetings upon the proper mailing of the notices to such addresses irrespective of the actual receipt of the notices by the Owners.
By our signatures hereto the undersigned, being all of the initial Directors of the Association, hereby adopt the foregoing Bylaws for the Association as of the day of 19 -2179140 1867 1.
Grounds, Items EXHIBIT "A" MAINTENANCE RESPONSIBILITY CHART FOR PARK LANE TOWNHOMES, A CONDOMINIUM Association Responsibility including all All except as noted.
landscaped and paved areas and improvements thereon lying outside the main walls of the Buildings with the exceptions noted herein.
Unit Owner Responsibility Cleaning and routine maintenance of patios, balconies, and Limited Common Elements appurtenant to the Unit; replacement or maintenance of plantings and improvements on the patios and balconies.
2.
3.
Building, exterior roof, vertical walls, foundations.
Unit doors (front and rear), Windows.
5.
Limited 8.
common area entryways, doors, windows, and stairs.
Plumbing and sewer lines.
All aspects.
Painting and repair of exterior of door and portions
ns.
Unit doors (front and rear), Windows.
5.
Limited 8.
common area entryways, doors, windows, and stairs.
Plumbing and sewer lines.
All aspects.
Painting and repair of exterior of door and portions of door frame which are not exposed to interior of Unit.
Exterior painting, caulking and glazing only.
All except for cleaning and routine maintenance.
to Repairs portions of plumbing and sewer lines outside of the boundaries of a Unit (including plumbing and sewers serving only one Unit) except when caused by the occupants of a Unit.
Damage to a Unit occasioned by causes Initially occurring outside of the Unit (but not consequential damages such as to furniture, clothing or other personal items).
Unit side of door, all door hardware, weather stripping and doorsill.
Routine cleaning, interior caulking and sealing, repair of windows and window mechanisms and replacement of broken panes.
All portions within a Unit serving only that Unit including fixtures and appliances attached thereto.
Damage to a Unit originating from causes initially oocurring within the Unit that are the responsibility of the Unit Owner.
79140 1864 Exhibit "A" - Page 1 7.
itema Electrical and related systems.
Association Responsibility All except electrical and related systems serving only one Unit included within the exterior of the Unit, except as otherwise noted. Damage to a Unit occasioned from sources outside of the Unit originating from electrical systems and components, the maintenance responsibility of which is the Association's.
Changing filters on all heating and cooling systems.
All aspects.
All, except individual storage spaces.
8.
Heating and systems.
cooling 9.
Attics.
10.
Storage.
11.
F Swimming pools, clubroom, and surrounding General Common Elements.
cooling systems.
All aspects.
All, except individual storage spaces.
8.
Heating and systems.
cooling 9.
Attics.
10.
Storage.
11.
F Swimming pools, clubroom, and surrounding General Common Elements.
All aspects.
12. Designated parking spaces.
All aspects.
Unit Owner Responsibility.
All portions within a Unit serving only that Unit including fixtures and appliances attached thereto, including the portions of the heating and cooling systems Included within the Unit.
Damage to a Unit occasioned by causes initiating within the Unit from electrical and related systems, the maintenance of which is the responsibility of the Unit Owner.
All other aspects.
Routine cleaning of individual storage spaces.
Notes: The items on this chart are intended to represent examples only and are not intended to be all inclusive. For information concerning other items not included hereon or for further elaboration with regard to the items included hereon, reference is made to the Bylaws of the Association which are in all things controlling.
Exhibit "A" - Page 2 79140 1869 !
1.
EXHIBIT "B" RULES AND REGULATIONS FOR PARK LANE HOMEOWNERS ASSOCIATION, INC.
Any common (or limited common for the benefit of more than one Unit) sidewalks, driveways, entrances, halls and passageways shall not be obstructed or used by any Owner for any other purpose than ingress to and egress from the Units.
2. No article shall be placed on or in any of the General Common Areas or Elements except for those articles of personal property which are the common property of all of the Unit Owners.
3. Owners, members of their families, their guests, residents, tenants or lessees shall not use sidewalks, driveway, entrances, halls and passageways as a play area(s).
erty of all of the Unit Owners.
3. Owners, members of their families, their guests, residents, tenants or lessees shall not use sidewalks, driveway, entrances, halls and passageways as a play area(s).
No vehicle belonging to or under the control of any Owner or a member of the family or a guest, tenant, lessee, or employee of a Unit Owner shall be parked in such manner as to impede or prevent ready access to any entrance to or exit from the Project. Vehicles shall be parked within designated parking areas only.
5. No decoration or article shall be placed upon and no work of any kind shall be done upon the exterior building walls or upon the General Common Elements by any Owner. Such decoration and work is the responsibility of the Association. No changes can be made in the Limited Common Elements except with prior written approval of the Board of Directors.
6. No Owner, resident or lessee shall install wiring for electrical or telephone installation or for any other purpose, nor shall any television or radio antennae, machines, or air conditioning units be installed on the exterior of the Project or be installed in such a manner that they protrude through the walls or the roof of any Building or are otherwise visible from the ground, except as may be expressly authorized in writing by the Association.
7. Use of any facilities of the Project will be made in such manner as to respect the rights and privileges of other Owners.
8. Owners and occupants shall exercise reasonable care to avoid making or permitting to be made loud, disturbing, or objectionable noises, and in using or playing or permitting to be used or played musical instruments, radios, phonographs, television sets, amplifiers and any other instruments or devices in such
or objectionable noises, and in using or playing or permitting to be used or played musical instruments, radios, phonographs, television sets, amplifiers and any other instruments or devices in such manner as may disturb or tend to disturb Owners , or occupants of other Units.
E 79140 1870 Exhibit "B" – Page 1 9. All trash must be placed in sealed bags or sealed containers prior to being put in an approved disposal area.
10. Cats, dogs, or other animals or birds or reptiles (hereinafter for brevity termed animals) shall be kept in such a manner so as not to disturb the other Owners, and shall not be kept, bred or maintained for any commercial purposes. If an animal becomes obnoxious to other Owners, the Owner or person having control of the animal shall be given a written notice by the Board of Directors to correct the problem, or if not corrected, the Owner, upon written notice, shall be required to remove the animal. The written notices provided for herein shall be issued by the Managing Agent, or, if there is no Managing Agent, then the Board of Directors. An Owner must receive permission in writing from Declarant or the Board of Directors or Managing Agent in order to keep any animal the adult weight of which will exceed thirty (30) pounds or in order to keep more than two animals on the premises. No animals are allowed on or about the swimming pool premises. No animal is permitted outside of a unit unless on a leash and accompanied by a member of the Association or his agent.
11. The Association assumes no liability for, nor shall it be liable for, any loss or damage to articles stored in the storage areas. Any damage to the General Common Elements or common personal property caused by the children of an
iability for, nor shall it be liable for, any loss or damage to articles stored in the storage areas. Any damage to the General Common Elements or common personal property caused by the children of an Owner or their guests or the guests of a Unit Owner shall be repaired at the expense of that Owner.
12. The Managing Agent, or if there is no Managing Agent, then the Board of Directors, shall retain a passkey to each unit. If an Owner shall alter any lock or install a new lock on any door leading into the Unit, the Owner shall provide a key for the Managing Agent's or the Board of Director's use.
-13. All draperies or drapery linings or shutters or blinds visible from the exterior of any unit shall be of a neutral, white or off-white color. No window shall be covered with aluminum foil or similar material.
14. It is prohibited to hang garments, rugs, or any other items from the windows, balconies or any of the facades of the buildings. No exterior clothes lines shall be erected, and there shall be no outside laundering or drying of any garments.
15. Declarant may place signs in or around the common walks and drives and use the Common Elements for sales purposes until the last Unit in the entire Project is sold. Owners other than Declarant, however, are prohibited from placing "for sale", "for rent", or any other signs in or around the Common Elements or displaying signs to the public view on any Unit or any portion of the Project.
18. No power equipment, work shops, or car maintenance of any nature whatsoever shall be permitted on the Property except with prior written approval of the Board. In deciding whether to grant approval, the Board shall consider the effects of noise, air pollution, dirt or grease, fire hazard, inteference with radio or
pt with prior written approval of the Board. In deciding whether to grant approval, the Board shall consider the effects of noise, air pollution, dirt or grease, fire hazard, inteference with radio or television reception, and similar objections.
7914) 1871 Exhibit "B" - Page 2 17. -No more than four (4) individuals may occupy a three (3) bedroom Unit; no more than three (3) individuals may occupy any two (2) bedroom Unit; and no more than two (2) individuals may occupy a one (1) bedroom Unit on a permanent occupancy basis; provided, however, that in determining the number of bedrooms in a Unit, a den shall be counted as a bedroom. For purposes of this paragraph "permanent occupancy" shall be defined as any occupancy in excess of thirty (30) days not separated by intervals of at least six (6) months.
18. No Owner shall modify or alter in any way the structure or appearance of any patio or balcony area. All patios and balconies shall be kept in clean and neat condition, free of debris and refuse. Patios and balconies shall not be used for storage purposes nor shall any Owner fence in, wire in or in any other way enclose any such area. If an Owner allows the patio or balcony appurtenant to his Unit to become cluttered or unsightly in any manner, he shall be given notice of such fact by the Board of Directors of Managing Agent, and shall be required to correct such condition within five (5) days of the date of notice and if he fails to do so, then the Board of Directors or Managing Agent may correct such discrepancy (including the removal of any unsightly items) and/or repair or refurbish the patio or balcony at the Owner's expense.
19. No glass bottles, or glasses or similar items made of glass shall be permitted in the pool area. Alcoholic beverages shall be
nd/or repair or refurbish the patio or balcony at the Owner's expense.
19. No glass bottles, or glasses or similar items made of glass shall be permitted in the pool area. Alcoholic beverages shall be allowed only in the pool area and shall not be allowed in any other part of the General Common Elements.
The foregoing Regulations are subject to amendment and to the promulgation of further regulations.
Exhibit "B" – Page 3 PAGE 79140 1872 STATE OF TEXAS COUNTY OF DALLAS DECLARATION OF MUTUAL AND RECIPROCAL EASEMENTS CONCERNING INGRESS, EGRESS, PARKING, UTILITIES AND USE OF RECREATIONAL FACILITIES DECLARATION made as of the 17th day of July 1979, by VILLA VERDE ASSOCIATES, a Texas general partnership ("Declarant"), WITNESS ETH: (a) Declarant is the owner of that certain real property situated in the City of Dallas, Dallas County, Texas, more particularly described in Schedule "A" attached hereto and incorporated herein by reference for all purposes (the "Property"); and shown on the Map attached hereto as Schedule "B" and incorporated herein by reference for all purposes (the "Map"); (b) The Property is subject to a lien created by that certain Construction Deed of Trust and Security Agreement executed by Declarant to D. E. Moore, Trustee, dated May 9, 1979, filed May 17, 1979, in Volume 79098, Page 3082 of the Deed of Trust Records of Dallas County, Texas, said Deed of Trust being for the benefit of The Bank of Montreal (California) ("Lienholder"); ་ (c) Phase I of the Property described in Schedule "A" ("Phase I") is intended to be developed by Declarant as a condominium regime known as Park Lane Townhomes, a Condominium (the "Condominium") pursuant to the terms and conditions of that certain Declaration and Master Deed to be executed by Declarant and
condominium regime known as Park Lane Townhomes, a Condominium (the "Condominium") pursuant to the terms and conditions of that certain Declaration and Master Deed to be executed by Declarant and EXHIBIT "E" 73140 1873 -2to be filed of record in the Condominium Records of Dallas County, Texas ("Mäster Deed"), simultaneously with the filing of this Declaration in the Deed Records of Dallas County, Texas; (d) Phase II of the Property described in Schedule "A" ("Phase II"), a rental apartment project, may be added to the referenced condominium regime at a later date by a duly recorded instrument in accordance with the requirements set forth in the Master Deed; contiguous; (e) Phases I and II of the Property are adjacent and (f) A certain driveway in Phase II provides ingress and egress for Phases I and II, as shown on the Map as Reciprocal Easement No. 2 (referred to as the "Phase II Driveway Facility"); (g) Certain driveways and parking facilities in Phase I provide ingress and egress and parking for Phases I and II, as shown on the Map as Reciprocal Easements No. 1 and No. 1A (collectively referred to as the "Phase I Parking Facilities"); (h) Certain sewer, water, electric, gas and drainage lines are presently in, under, and upon Phases I and II which lines are common to both of said Phases and are intended to serve and do serve both of said Phases (collectively referred to as "Common Lines"); (1) Phase I contains walks, walkways, paths, passageways, sidewalks and other related means of ingress, egress and regress to and from Phase I, excluding, however, the Phase I Parking Facilities and the Phase II Driveway Facility and excluding all L 7914) 1871 : -3other driveways and parking areas (collectively referred to herein-
Phase I, excluding, however, the Phase I Parking Facilities and the Phase II Driveway Facility and excluding all L 7914) 1871 : -3other driveways and parking areas (collectively referred to hereinafter as "The Phase I Ingress/Egress Facilities"); (j) Phase I contains a swimming pool, patio areas which are defined as General Common Elements in the Master Deed and which are immediately adjacent to and contiguous with said pool (collectively referred to hereinafter as "the Common Recreational Facilities"); (k) Declarant plans to market condominium units located on Phase I in accordance with the requirements set forth in the Master Deed and recognizes that the easements created herein will be to the benefit of the owners of said units as well as the owner or owners, tenants, and mortgagees of Phase II; (1) Lienholder has required the execution and recording of this Declaration; (m) Declarant further recognizes that any future mortgagee would require the existence of the easements created herein in order to refinance Phases I and II separately or together; and (n) Declarant desires to establish and create certain benefits, rights and obligations for the owners, tenants and mortgagees of Phases I and II in connection with the above-described facilities.
NOW, THEREFORE, Declarant, as owner of the Property, for itself, its successors and assigns, declares as follows: 1. The owners, mortgagees, guests, invitees, bona fide tenants and their guests and invitees of Phase I shall have the non-exclusive right, privi7914) 1875 -4lege, license and easement of passing over, across, and along the Phase II Driveway Facility, together with free ingress, egress and regress in, along, upon and out of said Phase II Driveway Facility,
lege, license and easement of passing over, across, and along the Phase II Driveway Facility, together with free ingress, egress and regress in, along, upon and out of said Phase II Driveway Facility, provided, however, that Declarant hereby covenants for itself, its successors and assigns that the owner or owners of the Phase II Driveway Facility shall maintain and repair same at their sole cost and expense.
2.
The owners, mortgagees, bona fide tenants and their guests and invitees of Phase II shall have the non-exclusive right, privilege, license and easement of passing over, across, and along the driveway labeled as Reciprocal Easement No. 1A on the Map, together with free ingress, egress, and reand gress in, along, upon and out of said driveway, to use and enjoy the parking area labeled as Reciprocal Easement No. 1 on the Map, provided, however, that Declarant hereby covenants for itself, its successors and assigns that the owner or owners of Phase I Parking Facilities shall maintain and repair same at their sole cost and expense.
3. In consideration of the agreement by the owner or owners of Phase II to pay their proportionate share of the reasonable costs and expenses of the ordinary regular operation and maintenance 79140 1876 : -5of the Common Recreational Facilities, which includes but is not limited to the repair and replacement of existing items and parts of the pool with items and parts of comparable quality, the owners, mortgagees, bona fide tenants and their guests and invitees of Phase II shall have the non-exclusive right, privilege, license and easement to use and enjoy the Phase I Ingress/Egress Facilities and the Common Recreational Facilities. Declarant hereby covenants for itself, its successors and assigns that the
lege, license and easement to use and enjoy the Phase I Ingress/Egress Facilities and the Common Recreational Facilities. Declarant hereby covenants for itself, its successors and assigns that the owner or owners of Phase I shall have full responsibility for the operation, maintenance, upkeep and repair of the Common Recreational Facilities.
The owner or owners of Phase I shall deliver to the owner or owners of Phase II on a monthly basis a statement of their pro rata share of the expenses of the ordinary, regular operation and maintenance of the Common Recreational Facilities, together with copies of all invoices, bills and statements supporting said statement. Payment shall be due by the owner or owners of Phase II within ten (10) days from receipt thereof. If not paid within said ten-day period, said amount owing shall bear interest at the rate of ten (10%) per 79140 1877 = -6cent per annum from ten (10) days following receipt of such bills until paid. Failure to pay said bills shall not cause termination or revocation of the grant of easements herein, provided, however, the owner or owners of Phase I shall have recourse to all remedies at law and equity for such nonpayment. Such proportionate share of such costs and expenses owing by the owner or owners of Phase II shall be determined by a fraction, the numerator of which shall be the total number of apartments located on Phase II and the denominator of which shall be the total number of apartments and condominium units located on all of the Property. That fraction shall be multiplied times the total amount of the expenses of the ordinary, regular operation and maintenance of the Common Recreational Facilities to determine the amount owing by the owner of Phase II.
e multiplied times the total amount of the expenses of the ordinary, regular operation and maintenance of the Common Recreational Facilities to determine the amount owing by the owner of Phase II.
4. The owners, mortgagees, guests, invitees, bona fide tenants and their guests and invitees of Phase I and the owners, mortgagees, bona fide tenants and their guests and invitees of Phase II shall continue to have the right to make use of the Common Lines, and the owners of Phases I and II shall have the obligation to maintain, repair and FACE 7914) 1878 -7replace at their sole cost and expense those portions of tions of the Common Lines which are on each of their respective phases of Phases I and II.
5. Notwithstanding any of the foregoing provisions, the Board of Directors of Park Lane Homeowners Association shall have the right to prepare, promulgate and enforce reasonable rules and regulations concerning the use and enjoyment of the Common Recreational Facilities.
6. Nothing herein shall be construed as imposing greater or additional burdens or responsibilities upon the respective owners, mortgagees and tenants of Phases I and II than otherwise presently exist and as provided herein with respect to repair, maintenance, insurance, capital improvements and management of the respective Phases in which easements are created herein, provided, however, that all property and liability insurance carried by the owners of Phase I and II or by the Park Lane Homeowners Association shall, to the extent available, contain provisions whereby the insurer waives rights of subrogation as to said owners of both Phases I and II, said Association, its officers, directors and members, their guests, agents and employees.
7914) 1879 -8i i
by the insurer waives rights of subrogation as to said owners of both Phases I and II, said Association, its officers, directors and members, their guests, agents and employees.
7914) 1879 -8i i 7. If any of the obligations to repair and maintain any portion or portions of the Property stated herein is not met in accordance with the terms of this Declaration, the owner or owners of the Phase not so obligated to repair the portion or portions of the Property in question may make all reasonably necessary repairs and, upon making said repairs, said owner or owners shall have a right of reimbursement for all reasonable expenses incurred in connection therewith upon presentation of a statement of such costs to the owner or owners obligated to have made such repairs hereunder. Such reimbursement is and shall be a demand obligation and shall bear interest at the rate of ten (108) per cent per annum from ten (10) days following receipt of such statement until paid.
8. All repair and maintenance work performed according to the terms of this Declaration shall be paid for in full and in no event shall any mechanic's or materialmen's liens attach to either Phase of the Property.
9. In the event of a taking under the power of eminent domain of all or any part of Phases I or II, that portion of the award attributable to 79149 1890 MAPLE -9the value of any land within said Phase so taken shall be payable only to the owner or owners in = : fee thereof (and any mortgagees thereof as their interests may appear), and no claim thereon shall be made by the owner or owners of the Phase or any part thereof not subject to said taking; provided, however, the owner or owners of the Phase or any part thereof not subject to said taking may file
be made by the owner or owners of the Phase or any part thereof not subject to said taking; provided, however, the owner or owners of the Phase or any part thereof not subject to said taking may file collateral claims with the condemning authority over and above the value of the land so taken to the extent of any damage suffered by the Phase not subject to said taking resulting from the loss of the easements, licenses, rights and privileges so taken; provided further, however, that the owner or owners of the Phase subject to said taking shall promptly repair and restore the remaining portion of said Phase affected by said easements, licenses, rights and privileges as nearly as practicable, to the condition they were in immediately prior to such taking and without contribution from the owners of the Phase not subject to said taking, but if the net proceeds of such award are insufficient to pay the costs of such restoration and repair, the owner or owners of the Phase FA 2 79140 18×1 :-'--་A-----------10not subject to said taking shall contribute the net awards, if any, received by them to the extent necessary to make up such deficiency.
The ease❤ ments, licenses, rights and privileges on the land in a Phase made subject to a taking shall remain in full force and effect on the remaining portion The proof said Phase as repaired and restored.
visions of this paragraph do not control the rights of any owners of condominium units in any Phase of the Property that has been added to the Condominium by the Master Deed or amendments thereto.
10. The easements, covenants, restrictions, benefits and obligations hereunder shall be perpetual and run with the land, subject, however, to the terms of numbered paragraphs 12 and 13 herein-
reto.
10. The easements, covenants, restrictions, benefits and obligations hereunder shall be perpetual and run with the land, subject, however, to the terms of numbered paragraphs 12 and 13 hereinbelow. This Declaration shall create privity of contract and/or estate with and among all owners of all or any part of said Property, their heirs, executors, administrators, successors or assigns (specifically including, but not limited to, any mortgagee).
PALE 79140 1842 11. It is understood and agreed that the easements and rights hereby conveyed, although appurtenant in perpetuity to the Property, are private easements and not for the use or benefit of the general public, and nothing herein contained shall be construed or deemed to be a dedication of any -11easement to or for the use of the general public but to the contrary, same are expressly being granted and reserved as private easements. Declarant, together with its respective successors and assigns, agrees not to construct or place any obstacles or to otherwise interfere in any way with the use of the easements herein granted by any other parties entitled to the use and enjoyment of the same as described herein.
12. Except as otherwise expressly set forth in numbered Paragraph 13 hereinbelow, the provisions of this Declaration may be abrogated, modified, rescinded or amended in whole or in part only with the consent of the owner or owners of Phase II and the owner or owners of Phase I and of all mortgagees under any first mortgage covering all or any part of Phase I or II, by a declaration in writing, executed and acknowledged by all of said owners and said first mortgagees duly recorded in the Deed Records of Dallas County, Texas.
13. Notwithstanding anything to the contrary
eclaration in writing, executed and acknowledged by all of said owners and said first mortgagees duly recorded in the Deed Records of Dallas County, Texas.
13. Notwithstanding anything to the contrary contained in Paragraph 12 hereof or elsewhere herein, this instrument shall become null and void in the event all of Phase II shall subsequently be 79140 1853 -12added to and included in the Condominium in accordance with the requirements set forth in the Master Deed.
14. The terms, covenants and conditions herein shall inure to the benefit of and shall be binding upon the Declarant and its successors and assigns.
IN WITNESS WHEREOF, Declarant has duly executed this Declaration the day and year first above written.
VILLA VERDE ASSOCIATES By: DAON CORPORATION, General Partner By: G. Gipp_DuPree, Vice President Dallas Operations, Daon Southwest By: THE EVERGREEN GROUP, INC., General Partner By: W. Thomas McQuaid, Jr., President 79140 1841 "E:ནས་ -13STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared G. GIPP DUPREE, Vice President of Daon Corporation, a Delaware corporation, Dallas Operations, Daon Southwest, a General Partner of Villa Verde Associates, a Texas general partnership, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said corporation and said partnership for the purposes and consideration therein expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of My commission expires: 1979.
Notary Public in and for Dallaş County, Texas STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day person-
D AND SEAL OF OFFICE on this day of My commission expires: 1979.
Notary Public in and for Dallaş County, Texas STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared W. THOMAS MCQUAID, JR., President of The Evergreen Group, Inc., a General Partner of Villa Verde Associates, a Texas general partnership, known to me to be the person and officer whose 79140 1855 -14name is subscribed to the foregoing instrument, and acknowledged.
to me that he executed the same as the act and deed of said corporation and said-partnership for the purposes and consideration therein expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of , 1979.
Notary Public in and for Dallas County, Texas My Commission Expires: 79140 1856 -15JOINDER AND CONSENT FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged, the undersigned mortgagee evidences its joinder and consent to the execution and recordation of the foregoing instrument entitled "Declaration of Mutual and Reciprocal Easements Concerning Ingress, Egress, Parking, Utilities and Use of Recreational Facilities".
THE BANK OF MONTREAL (California) STATE OF CALIFORNIA COUNTY OF By: Its BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared .
known to me to be the of THE BANK OF MONTREAL (California), a California state banking corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein act and deed of said corporation.
stated, and as the 79140 1847 day of -16-
knowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein act and deed of said corporation.
stated, and as the 79140 1847 day of -16GIVEN UNDER MY HAND AND SEAL OF OFFICE on this 1979.
My Commission Expires: Notary Public in and for County, California 79149 1854 SCHEDULE "A" LEGAL DESCRIPTION PHASE I Being all of Lot 1 and part of Lots 2 and 3 of City of Dallas “Block :A/6456 of the Walnut Hill North Terrace Addition as recorded in Volume 305, Page 1214 of the map records of Dallas County, Texas and being more particularly described as follows: Beginning at a corner formed by the intersection of the East line of Brockbank Drive and the South line of a 15 ft. alley.
Said corner being also the Northwestern corner of the above described Lot I: Thence South 89° 08' 00" East along the South side of a 15 ft. alley a distance of 86:16 ft.;.
21.60 Thence South 68° 48' 30" East a distance of 21.60 ft. to a corner} Thence South 89° 08' 00" East along the South side of an alley a distance of 536.03 ft. to a corner; Thence departing the South line of an alley, South 1º 06' 00" West a distance of 166.10 ft. to a corner; Thence North 88° 54' 00" West a distance of 35,00 ft. to a corner; Thence South 1° 06' 00" West a distance of 180,00 ft. to a corner in the North line of Park Lane; Thence along the North line of Park Lane North 88° 54' 00" West a distance of 474.49 ft. to a corner in the East Right of Way line of Brockbank Drive, said corner being the place of beof a circular curve to the left whose central angle is 21° 03 27" and whose radius if 699.24 ft.; Thence along siad circular curve to the left a distance of 256.99 ft. to a point of reverse curve to the right whose central
the left whose central angle is 21° 03 27" and whose radius if 699.24 ft.; Thence along siad circular curve to the left a distance of 256.99 ft. to a point of reverse curve to the right whose central angle is 10° 46" 49" and whose radius if 639.24 Ĕt.; Thence along said circular curve to the right a distance of 120.27 ft. to the place of beginning and containing 4.35 acres of land.
Schedule "A" Page 1 of 2 WL *79140 1849 SCHEDULE "A" LEGAL DESCRIPTION PHASE II Being all of Lot 4 and part of Lots 2,3 and 5 of City of Dallas Block A/6456 of the Walnut Hill North Terrace Addition as recorded in Volume 305, Page 1214 of the map records of Dallas County, Texas and being more particularly described as follows: Commencing at a corner formed by the intersection of the East line of Brockbank Drive and the South line of a 15 ft.
alley. Said corner being also the Northwestern corner Lot 1 City of Dallas Block A/6456; .
Thence South 89° 08' 00" East along the South side of a 15 ft. alley a distance of 86:16 ft.; Thence South 68° 48' 30" East a distance of 21.60 ft. to a corner; Thence South 89° 08' 00" East along the South side of an alley a distance of 536.03 ft. to a corner, said corner being the point of beginning of Phase II; Thence continuing along the South side of an alley South Thence South 1* 06' 00" Westra distance of 348.46 ft. to a corner;in the North Right of Way line of Park Lane} Thence along the North Right of Way line of Park Lane North 88° 54' 00" West a distance of 616.00 ft.; Thence departing the North Right of Way line of Park Lane Thence South 88° 54' 00" East a distance of 35,00 ft. to a corneri
of 616.00 ft.; Thence departing the North Right of Way line of Park Lane Thence South 88° 54' 00" East a distance of 35,00 ft. to a corneri Thence North 1° 06' 00" East a distance of 166.10 ft. to the place of beginning and containing 4.77 acres of land.
t Schedule "A" Page 2 of 2 73140 1899 I Schedule "3" to Easement, HALMIT HILL NORTH ERRACE ADDITION PARK LANE ts, to % PARK LANE TOWNHOMES A CONDOMINIAN ČEMENT DESCRIPTION AND ASS MOTION AS PILED AN I DALLAR QOLIVET DE SUBORDINATION OF LIEN THE BANK OF MONTREAL (CALIFORNIA), the holder of a recorded Construction Deed of Trust and Security Agreement filed of record May 17, 1979, in Volume 79098, Page 3082 of the Deed of Trust Records, Dallas County, Texas, covering the property described in the foregoing Declaration and Master Deed, hereby agrees that the lien of said Deed of Trust shall be expressly subject, subordinate and inferior to said Declaration and Master Deed, only as to the Phase I property as defined in said Declar ration.
Dated: Suley 10.1979 THE BANK OF MONTREAL (CALIFORNIA) By: Its Manages.
STATE OF CALIFORNIA COUNTY OF LOS ANGELES, ip BEFORE ME, the undersigned authority, a Notary Public, and for said County and State, on this day personally appeared WOODINGTON known to me to be the MANAGER.
of THE BANK OF MONTREAL (CALIFORNIA), a California state banking corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he exe7914) 1892 -2cuted the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said corporation.
day of GIVEN UNDER MY HAND AND SEAL OF OFFICE on this July OFFICIAL SEAL H. SPENCER ST. CLAIR
deration therein expressed, in the capacity therein stated, and as the act and deed of said corporation.
day of GIVEN UNDER MY HAND AND SEAL OF OFFICE on this July OFFICIAL SEAL H. SPENCER ST. CLAIR NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY Commission Expires August 8, 1980 My Commission Expires: 1979.
' Man Notary Public in and for Angels County, California - FILED FOR RECORD 1207 of July tom 18 19 2856 velock.
LE Murdoch, County Clerk Dallas County. Temu - M. Sensikoff M STATE OF TEXAS COUNTY OF DALLAS I hereby certify thu this instrument was fed on the date and time stamped hereon by me and was duty a corded in the volume and page of the named records of Dallas County, Texas es stamped her by 3. 4 JUL 19 1979 L.E. Murdoches Depay COUNTY CLERK, Delles County, Tam 79140 1893