02/16/2017 11:51:36 AM 201700047668 DECLARATION 1/41 DECLARATION OF CONDOMINIUM PARK NINETY-TWO OWNERS ASSOCIATION This Declaration ("Declaration") is executed on the date set forth below by 2127 Clark Street Partners, LLC, a Texas limited liability company ("Declarant"), 6301 Gaston Ave Suite 200, Dallas, TX 75214.
WITNESSETH WHEREAS, Declarant is the fee simple owner of certain real estate in Dallas County , Texas, legally described as Unrestricted Reserve "A", in Block C/593 Lot 2 2127 Simpson and Clark's Addition, an addition to the City of Dallas, Tx, according to the Map thereof, recorded in Volume 85, Page 426 of the Map Records of Dallas County, Texas (the "Land"), and the improvements (including, without limitation, all buildings, structures, improvements and other permanent fixtures) thereon, being more particularly described on the plat (hereinafter defined and referred to as the "Plat") attached hereto as Exhibit A and made a part hereof for all purposes, the Land and all improvements thereon being referred to herein as the "Condominium"; and WHEREAS, Declarant intends to and does hereby submit the Condominium and all rights and privileges belonging or in any way pertaining to the Condominium to the provisions of the Texas Uniform Condominium Act (hereinafter the "Act"), Chapter 82 of the Texas Property Code, as amended from time to time; and WHEREAS, the name of the Condominium shall be Park Ninety-Two Owners Association; and WHEREAS, Declarant desires to establish certain rights and easements in, over and upon the Condominium for the benefit of itself and all future owners of any part of the Condominium, and any unit or units therein contained, and to provide for the harmonious, beneficial and proper use and conduct of the Condominium; and
f itself and all future owners of any part of the Condominium, and any unit or units therein contained, and to provide for the harmonious, beneficial and proper use and conduct of the Condominium; and WHEREAS, Declarant desires and intends that unit owners, mortgagees, occupants and other persons hereafter acquiring an interest in the Condominium shall at all times enjoy the benefits of, and shall hold their interests subject to, the rights, easements, privileges, and restrictions hereinafter set forth, all of which are declared to be in furtherance of a plan to promote and protect the cooperative aspect of the Condominium and for the purpose of enhancing the value, desirability and attractiveness of the Condominium;.
DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION NOW, THEREFORE, Declarant hereby declares that the Condominium and all easements, rights and appurtenances belonging thereto is hereby submitted to a condominium regime pursuant to the Act, and that the Condominium shall be held, conveyed, hypothecated, encumbered, pledged, leased, rented, used, occupied and improved subject to the following limitations, easements, restrictions, covenants, conditions, charges and liens, all of which are declared to be established for the purpose of enhancing the value, desirability and attractiveness of the Condominium and every part thereof. All of said limitations, easements, covenants, restrictions, conditions, charges and liens shall run with the Condominium and shall be binding upon all parties having or acquiring any right, title or interest therein or any part thereof and shall be for the benefit of each owner of any portion of said Condominium or DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION ARTICLE I DEFINITIONS
, title or interest therein or any part thereof and shall be for the benefit of each owner of any portion of said Condominium or DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION ARTICLE I DEFINITIONS Capitalized words and terms used in this Declaration are defined as follows: A.
Act - The Texas Uniform Condominium Act, Chapter 82 of the Texas Property Code, as amended from time to time.
B.
to each Unit.
C.
Allocated Interest - The undivided interest in the Common Elements allocated Association - The Association, Inc., a Texas non-profit corporation, its successors and assigns D.
Board - The Board of Directors of the Association.
E.
Units.
F.
Building - The four (4) with roof top story residential building located on the Land containing the G.
Bylaws The Bylaws of the Association.
Common Elements The portions of the Condominium as defined in Section 5.1. of this Declaration.
1.
Unit.
Common Expense Liability - The liability for Common Expenses allocated to each J.
Common Expenses - The proposed or actual expenses affecting the Condominium, including reserves, if any, lawfully assessed by the Association.
K.
Condominium The Condominium established by this Declaration to be known as "Park Ninety-Two Owners Association."
L.
Condominium Instruments - All recorded documents relating to the Condominium including, without limitation, the Declaration, the Plat, the Bylaws, and the Rules and Regulations, and all recorded amendments of and supplements to such documents.
M. Declaration - This instrument by which the Condominium is established and is submitted to the Act, as hereafter amended and/or supplemented.
DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION N. Declarant - 2127 Clark Street Partners, LLC, a Texas limited partnership, its successors and assigns.
-
, as hereafter amended and/or supplemented.
DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION N. Declarant - 2127 Clark Street Partners, LLC, a Texas limited partnership, its successors and assigns.
O. First Mortgage A Mortgage for the purpose of purchasing a Unit and any renewal, extension, rearrangement or refinancing thereof.
P.
Limited Common Elements - The portions of the Condominium as defined in Section 5.2. of this Declaration.
Q.
Maintenance Fund - All monies collected or received by the Association pursuant to the provisions of the Condominium Instruments.
R. Mortgage A deed of trust or mortgage covering a Unit by which an Owner grants or pledges an interest in the Owner's Unit to secure the payment of a debt.
S.
beneficiary.
T.
Mortgagee - A beneficiary under a Mortgage and any servicing agent of such Owner A Person or Persons who owns a Unit or Units in the Condominium, but excluding those who have an interest in a Unit only by virtue of a Mortgage.
U. Parking Garage - Each Parking Space within the Condominium designated for the exclusive use of the Owner of a particular Unit in accordance with the provisions of this Declaration.
V. Person A natural individual, corporation, partnership, limited liability company, trustee or other legal entity capable of holding title to real property.
W. Plat - The plat or plats of the Condominium and all of the Units in the Condominium submitted to the provisions of the Act, along with any plan or plans, said plat being attached hereto as Exhibit A and hereby made a part hereof and recorded with this Declaration, as amended from time to time.
X. Rules and Regulations - All Rules and Regulations adopted by Declarant and/or the Board relating to the use, occupancy, leasing or sale, maintenance, repair,
laration, as amended from time to time.
X. Rules and Regulations - All Rules and Regulations adopted by Declarant and/or the Board relating to the use, occupancy, leasing or sale, maintenance, repair, modification and appearance of Units and Common Elements.
Y. Unit A physical portion of the Condominium designated for separate ownership or occupancy, the boundaries of which shall be the perimeter walls, floors and ceilings of the Unit, including all lath, furring, wall board, plasterboard, plaster paneling, tiles, wallpaper paint, finished flooring, and other material constituting part of the finished surfaces.
Unit shall also include the spaces, interior portions, and other fixtures and improvements within its boundaries.
AA.
Unit Ownership - A part of the Condominium of one Unit and its undivided interest in the Common Elements appurtenantthereto.
DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION ARTICLE II - LEGAL DESCRIPTION The Condominium hereby submitted to the provisions of the Act is legally described as Unrestricted Reserve "A", in Block C/593 Lot 2, of Simpson and Clark's Addition, a subdivision in Dallas County, Texas, according to the map or plat thereof, Recorded in Volume 85 Page 4236 of the Map Records of Dallas County.
Section 3.1. Legal Description.
All Units are delineated on the Plat attached hereto as Exhibit A and made a part of this Declaration. The boundaries of each Unit are the perimeter walls, floors and ceilings of the Unit, including all lath, furring, wall board, plasterboard, plaster paneling, tiles, wallpaper paint , finished flooring, and other material constituting part of the finished surfaces. Unit shall also include the spaces, interior portions, and other fixtures and improvements within its
allpaper paint , finished flooring, and other material constituting part of the finished surfaces. Unit shall also include the spaces, interior portions, and other fixtures and improvements within its boundaries. The legal description of each Unit shall consist of the identifying number or symbol of such Unit as shown on the Plat. Every deed, lease, mortgage or other instrument may legally describe a Unit by its identifying number or symbol as shown on Exhibit A and every such description shall be deemed good and sufficient for all purposes. No Owner shall execute any deed, Mortgage, lease or other instrument affecting title to his or her Unit without including therein the Allocated Interest appurtenant to the Unit, it being the intention hereof to prevent any severance of such combined ownership. Any such deed, Mortgage, lease or other instrument purporting to affect the one without including also the other shall be deemed and taken to include the interest so omitted even though the latter is not expressly mentioned or described therein. The Common Elements shall remain undivided and shall not be the object of an action for partition or division of the Unit Ownership so long as subject to a condominium regime, and, in any event, all Mortgages must be paid in full prior to bringing an action for partition or the consent of all First Mortgagees must be obtained.
Section 3.2. Subdivision. Except as provided by the Act or as otherwise provided herein, no Owner shall, by deed, plat, court decree or otherwise, subdivide or in any other manner cause his or her Unit to be separated into any tracts or parcels different from the whole Unit as shown on Exhibit A. Owners may, at their expense, subdivide or combine Units
de or in any other manner cause his or her Unit to be separated into any tracts or parcels different from the whole Unit as shown on Exhibit A. Owners may, at their expense, subdivide or combine Units and locate or relocate Common Elements affected or required thereby, subject to the following: the Owner must make a written application to the Board which (i) requests an amendment to the Condominium Instruments; (ii) sets forth the proposed reallocation, if any, to the new units of the percentage interest in the Common Elements; and (iii) sets forth whether the Limited Common Elements, if any, previously assigned to the affected Unit(s) shall be reassigned. The subdivision or combination must be approved by a majority of the Board and will be effective only upon recording of an appropriate amendment to the Condominium Instruments and execution of appropriate documentation by the Owner(s) involved. The requesting Owner(s) shall pay, whether or not the subdivision or combination is approved, all costs of the Association in connection therewith, including, but not limited to, attorneys' fees, survey costs and recording charges.
Section 3.3. Declarant Modification. Notwithstanding the foregoing, until such time as Declarant no longer owns any Units, Declarant may subdivide and combine Units and alter, expand, reconfigure or close Common Elements (collectively the "Declarant Modifications") without further consent of any other party and shall thereupon record an amendment to the Declaration reflecting any such Declarant Modifications. In furtherance of the foregoing, a power coupled with an interest is hereby granted to Declarant, acting by or through its duly authorized officers, its successors, or its designee, and its agents, and each of them singly,
foregoing, a power coupled with an interest is hereby granted to Declarant, acting by or through its duly authorized officers, its successors, or its designee, and its agents, and each of them singly, as attorney-in-fact, to amend the Declaration, as described above, without notice to any DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION Owner. The delivery of each deed, mortgage or other instrument with respect to a Unit, and the acceptance thereof, shall be deemed a grant of such power to each of said attorneys-infact, and acknowledgment of and consent to such power, and shall be deemed to reserve to each of said attorneys-in-fact the power to amend the Declaration.
Section 3.4. Measurements. To the extent such data is available to Declarant at the time this Declaration is recorded, the Plat sets forth the measurements, elevations, locations and other data, as required by the Act, with respect to (i) the Condominium and its exterior boundaries; (ii) the Building and each floor thereof; and (iii) each Unit in the Building and said Unit's horizontal and vertical dimensions. Declarant shall not be liable to any Owner as a result of any discrepancies in actual Unit measurements from those set forth on the Plat, and each Owner, by accepting a deed to a Unit, waives any such claim or cause of action against Declarant.
Declarant hereby reserves unto itself the right, from time to time, as further data becomes available, to amend the Plat so as to set forth the measurements, elevations, locations and other data required by the Act, with respect to the Building and the Units now or hereafter constructed on the Condominium. In furtherance of the foregoing, a power coupled with an interest is hereby
other data required by the Act, with respect to the Building and the Units now or hereafter constructed on the Condominium. In furtherance of the foregoing, a power coupled with an interest is hereby granted to Declarant, acting by or through it duly authorized officers, its successors, or its designee, and its agents, and each of them singly, as attorney-in-fact, to amend the Plat, as described above, without notice to any Owner. The delivery of each deed, Mortgage or other instrument with respect to a Unit, and the acceptance thereof, shall be deemed a grant of such power to each of said attorneys-in-fact, and acknowledgment of and consent to such power, and shall be deemed to reserve to each of said attorneys-in-fact the power to amend the Plat, as described above.
Section 3.5. Structural Components. Except as constructed or altered by or with the permission of Declarant or the Association, nothing shall be done in any Unit or in, on or to the Common Elements or Limited Common Elements which would impair the structural integrity, safety or soundness of the Building or which would structurally change the Building.
Section 3.6. Ownership Interest. The ownership interest of each Owner shall consist of fee simple title to the Unit owned by such Owner, the Allocated Interest appurtenant to that Unit, and the right to use the Limited Common Elements allocated to that Unit.
Section 3.7. Transfer of a Unit. An Owner may, without restriction under this Declaration, except for the restrictions on leasing in Section 3.8. of this Declaration, sell, give, devise, lease or otherwise transfer his or her Unit. Written notice of any transfer under this Section must be given to the Association within ten (10) days following consummation of such transfer. No Owner
, lease or otherwise transfer his or her Unit. Written notice of any transfer under this Section must be given to the Association within ten (10) days following consummation of such transfer. No Owner may post a sign on the Condominium indicating that a Unit is for sale or lease until the Declarant has sold all Units, and then only in accordance with applicable Rules and Regulations. However, an Owner may offer the Owner's Unit for sale or lease during such period and advertise such offer through a broker or the media.
Section 3.8.
Leasing.
A. Owners. Each Owner shall have the right to lease, his or her Unit upon such terms and conditions as the Owner may deem acceptable, subject to the provisions of this Declaration and the Rules and Regulations adopted by the Board; provided that, a lease of a Unit shall be in writing and a copy of the lease must be delivered to the Association within ten (10) days after execution. Each lease shall provide that the lease shall be subject to the provisions of this Declaration and the Rules and Regulations. The lease shall provide that any failure of the lessee, sub lessee or assignee to comply with the terms of this Declaration and DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION the Rules and Regulations shall be a default under the lease, sublease or assignment. Each lease shall also expressly provide that the Association may exercise against the lessee thereunder any and all remedies available to the Association under this Declaration, including , but not limited to, the right to take possession of the Unit, or of the interest therein, or lease thereunder and to likewise take against the lessee any action permitted by this Declaration to be taken against an Owner for payment of Assessments due to the
nit, or of the interest therein, or lease thereunder and to likewise take against the lessee any action permitted by this Declaration to be taken against an Owner for payment of Assessments due to the Association, which accrue against the leased Unit during the lease term. In furtherance of the foregoing, each deed, lease, Mortgage or other conveyance instrument with respect to a Unit, and the delivery and acceptance thereof, shall be deemed to assign, transfer and set over to the Association and the Board, or either one of them ("Assignees") all interest of the lessor Owner or any other lessor of said Unit, or interest therein, in any lease of such Unit, or any interest therein, or any extensions or renewals thereof, together with all rents payable under same and all benefits and advantages to be derived therefrom, to hold and receive same unto Assignees (together with all rights against any guarantors of the lessee's obligations under such lease) as security for the payment of any lien which may exist against such Unit, or any interest therein, for such Owner's unpaid proportionate share of the Common Expenses, pursuant to this Declaration, in the performance by said Owner of each and all of said Owner's obligations under this Declaration. Each lease of a Unit, shall include such provisions in furtherance of said assignment as the Board may approve and deem prudent, from time to time, in order to effect such collateral assignment; provided, however, that such assignment shall not be construed as constituting the Assignee thereunder as a trustee or mortgagee in possession.
An entire Unit, but not a portion thereof, may be leased. No Unit shall be leased to a person who has been convicted of a felony or crime of moral turpitude. No Unit may be leased for transient
ssion.
An entire Unit, but not a portion thereof, may be leased. No Unit shall be leased to a person who has been convicted of a felony or crime of moral turpitude. No Unit may be leased for transient or hotel purposes which, for purposes hereof, shall be deemed to be a period less than six (6) months.
No unit may be used for temporary or corporate lodging.
In the event of a default by an Owner under the terms and provisions of this Declaration, the Association may elect to exercise each and all of the rights and powers conferred upon them as Assignee by such assignment and to directly collect all rents and other amounts then due under such lease from the lessee thereunder; provided, however, that such amounts so collected, after deducting therefrom the expenses of operating such Unit and the expenses of such collection and enforcement, shall be applied on account of any such lien for unpaid Common Expenses.
Any costs or expenses incurred in connection with the operation of such Unit or in connection with such collection and enforcement (including, without limitation, reasonable attorneys' fees) shall be a Common Expense and secured as set forth in this Declaration, and the defaulting Owner shall reimburse the Association therefor immediately upon demand.
B. Declarant. Notwithstanding anything to the contrary in subsection A., above, Declarant may lease, sublease or assign any Unit it owns under such terms and conditions as it may deem acceptable.
Section 3.9. Use and Occupancy.
A. General. Units shall be used for residential purposes only, including uses which are customarily incident thereto and shall not be used at any time for business, commercial, or professional purposes; provided, however, that an Owner may use his Unit for a professional or
ses which are customarily incident thereto and shall not be used at any time for business, commercial, or professional purposes; provided, however, that an Owner may use his Unit for a professional or home occupation so long as the applicable zoning permits such use, there is no external evidence thereof, the professional or home occupation use is incidental to the primary use of the Unit as a residence, and no unreasonable inconvenience to other residents of Units is created such as, by way of example and not in limitation, noise or pedestrian traffic. Notwithstanding the foregoing, it shall be expressly permissible and proper for Declarant, its employees, agents, DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION B. and contractors, to perform such reasonable activities and to maintain upon such portions of the Condominium such facilities as Declarant deems reasonably necessary and incidental to the completion and sale of the Units, specifically including, without limiting the generality of the foregoing, maintaining business offices, storage areas, signs, model units, and sales offices.
C. Insurance. Nothing shall be done or kept in any Unit or in the Common Elements which will increase the rate of insurance on the Condominium, or contents thereof, without the prior written consent of the Association. No Owner shall permit anything to be done or kept in his or her Unit or in the Common Elements which will result in the cancellation of any insurance maintained by the Association, or which is in violation of any law. No waste shall be committed on the Common Elements.
D. Appurtenances. An Owner shall not cause or permit anything to be hung or displayed on the outside of windows or placed on the exterior walls of the Building, any
e committed on the Common Elements.
D. Appurtenances. An Owner shall not cause or permit anything to be hung or displayed on the outside of windows or placed on the exterior walls of the Building, any Balcony, the Common Elements, or Limited Common Elements and no sign, awning, canopy or shutter (except as installed by Declarant or the Association or approved by Declarant or the Association) shall be affixed to or placed upon the exterior walls, Balcony or roof or any part thereof or on the Common Elements, or Limited Common Elements, without the prior written consent of the Association. No air-conditioning unit of any type may be installed by an Owner without prior notification to and the written consent of the Association. The installation of all radio or television antennas or receiving dishes shall be subject to the Rules and Regulations of the Association.
E. Pets. No animals, livestock, fowl or poultry of any kind shall be raised, bred or kept in any Unit or in the Common Elements, except that generally recognized household pets, which are gentle in disposition and domesticated, including dogs, cats, caged birds and aquarium fish, may be kept in Units, subject to the provisions of this Declaration and the Rules and Regulations adopted by the Association, which Rules or Regulations may exclude any kind of pet including dogs, cats or birds, by type or category; provided that, no otherwise authorized pets may be kept, bred, or maintained for any commercial purpose; and provided further that, any otherwise authorized pet causing or creating a nuisance or unreasonable disturbance shall be permanently removed from the Condominium upon three (3) days written notice from the Association.
that, any otherwise authorized pet causing or creating a nuisance or unreasonable disturbance shall be permanently removed from the Condominium upon three (3) days written notice from the Association.
Without limiting the generality of the foregoing, no snakes of any kind and no dogs of the American Pit Bull breed (except Certified by a professional) or of a mixed breed that includes said breed may be kept or brought onto the Condominium: Permitted house pets shall also include any specially trained animals that serve as physical aids to handicapped persons, regardless of the animal's size or breed. Each Owner and each occupant of a Unit shall be responsible for picking up after any animal kept in his or her Unit, including without limitation, removing any waste deposited by such animal anywhere on the Common Elements. No pet shall be allowed outside of its Unit unless the pet is carried or held on a leash by a responsible person, and no pet shall be leashed or tethered to a stationary object on the Common Elements or left unattended outside of a Unit or on a Balcony. The Board shall have the right to fine an Owner who violates the provisions of this paragraph.
F. Nuisance. No nuisance shall be allowed on the Condominium, nor any use or practice which interferes with the peaceful enjoyment or possession and property use of the Condominium by its residents. For the purpose of this Declaration, a nuisance shall be any activity or condition which is reasonably considered to be an annoyance to persons of ordinary sensibilities and/or which may reduce the desirability of the Condominium. The term "nuisance" shall not include activities of Declarant in regard to the completion of the Condominium. All parts of the
ensibilities and/or which may reduce the desirability of the Condominium. The term "nuisance" shall not include activities of Declarant in regard to the completion of the Condominium. All parts of the Condominium shall be kept in a clean and sanitary condition, and no rubbish, refuse or garbage DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION shall be allowed to accumulate, nor any fire hazard to exist. Further, no immoral, improper, offensive or unlawful use shall be permitted or made of the Condominium or any part thereof.
All valid laws, ordinances and regulations of all governmental bodies having jurisdiction over the Condominium, or any portion thereof, shall be observed. The Board of Directors of the Association shall have the authority to determine whether any use, practice, activity or condition is a nuisance and the Board's reasonable, good faith determination shall be binding upon the party causing the nuisance.
G. Real Estate Taxes. Real estate taxes are to be separately taxed to each Owner for his or her Unit and its corresponding Allocated Interest and each Owner shall be solely responsible for all matters relating to valuation of his or her Unit including, but not limited to, protests of proposed valuations and establishment and maintenance of all exemptions to which the Owner may be entitled. In the event that for any year such taxes are not separately taxed to each Owner, then the Association shall collect from each Owner of a Unit not separately taxed, other than the Declarant, the proportionate share of the tax bill attributable to each Unit based on the relative percentage of ownership of the Common Elements of each such Unit not separately taxed in proportion to the total percentage of ownership of the Common
l attributable to each Unit based on the relative percentage of ownership of the Common Elements of each such Unit not separately taxed in proportion to the total percentage of ownership of the Common Elements of all of the Units located on property affected by such tax bill. Such taxes shall be considered a Common Expense of each such Unit.
DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION ARTICLE IV - DECLARANT RIGHTS Pursuant to the Act, the Declarant reserves the following rights: Section 4.1.
Special Declarant Rights. The Declarant reserves the following rights, referred to as "Special Declarant Rights" under the Act: A. To exercise any Development Right set forth in Section 4.2., below; B. To maintain sales offices and models for Declarant's exclusive use, subject to the following limitations: 1. no more than two (2) Units owned by the Declarant may be used at any one time as sales offices and models; 2. sales offices and models may be located on any floor of the Condominium and may consist of multiple Units with the same floor plan or any combination of floor plans; and 3. sales offices and models may be relocated at any time provided Declarant takes reasonable steps to minimize any disruption to the Owners caused by such relocation.
C. To maintain signs advertising the Condominium; D. To appoint or remove any officer of the Association or Board member, during the Declarant Control Period, as provided in Section 7.3 of this Declaration.
Section 4.2.
Development Rights. The Declarant reserves the following development rights ("Development Rights"): A. To alter, subdivide, combine and convert any Units owned by Declarant, including by converting such Declarant-owned Units into Common Elements, and make any
velopment rights ("Development Rights"): A. To alter, subdivide, combine and convert any Units owned by Declarant, including by converting such Declarant-owned Units into Common Elements, and make any amendments to this Declaration that results therefrom. The maximum number of units that the Declarant reserves the right to create in the Building is thirty (30).
B To make changes or additional improvements to the Common Elements during any time when Declarant owns a Unit.
Section 4.3. Time Limitations and Applicable Property. Unless sooner terminated by a recorded instrument signed by Declarant, the Special Declarant Rights and Development Rights provided in this Section shall expire ten (10) years from the date this Declaration is recorded, after which time such the Special Declarant Rights and Development Rights shall lapse; provided that this time may be extended by the affirmative vote or written consent of Owners representing twothirds (2/3) of the total votes in the Association. All such Special Declarant Rights and Development Rights apply to the Condominium as a whole unless limited to specific portions of the Condominium by the applicable provisions of this Declaration. Unless limited by this Declaration, any of the Special Declarant Rights and Development Rights may be exercised with respect to different portions of the Condominium at different times and in any order. Declarant makes no assurances as to the timing or order of its exercise of any such rights, the boundaries of any portions of the Condominium affected, or whether its exercise of such rights with respect to one portion will require the exercise of such rights as to other portions or the Condominium as a whole.
DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION ARTICLE V - THE COMMON ELEMENTS
th respect to one portion will require the exercise of such rights as to other portions or the Condominium as a whole.
DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION ARTICLE V - THE COMMON ELEMENTS Section 5.1. Description of Common Elements. The Common Elements shall consist of all portions of the Condominium, except the Units, unless otherwise expressly specified herein. The Common Elements include, without limitation, the following items located on the Condominium: the exterior walls, roof, exterior windows, entrances and exits, security system for entry and exit (not including private security systems contained entirely within individual Units), mechanical equipment areas, grounds, walkways, mailboxes, master television antenna systems (whether leased or owned), if any, fire escapes, pipes, ducts, flues, shafts, electrical wiring and conduits (except pipes, ducts, flues, shafts, electrical wiring and conduits situated entirely within a Unit and serving only such Unit), public utility lines, structural parts of the Building, and all other portions of the Condominium except the individual Units. Structural columns located within the boundaries of a Unit shall be part of the Common Elements. Any references to "Common Elements" appearing on the Plat (except references to Limited Common Elements) shall be deemed solely for purposes of general information and shall not be limiting in any way, nor shall any such reference define the Common Elements in any way.
The use of the Common Elements and the right of the Owners with respect thereto shall be subject to and governed by the Act, the Condominium Instruments and the Rules and Regulations of the Association.
Section 5.2. Description of Limited Common Elements. The Limited Common
ereto shall be subject to and governed by the Act, the Condominium Instruments and the Rules and Regulations of the Association.
Section 5.2. Description of Limited Common Elements. The Limited Common Elements are parts of the Common Elements which exclusively serve a single Unit or less than all of the Units as an inseparable appurtenance thereto, as designated as such in this Declaration or the Plat, or which by the nature or location thereof, or by the terms of this Declaration, such as the Roof Top, are clearly intended to be reserved exclusively for the use of one or more Units and not others. The Limited Common Elements appertaining to, or designated or reserved for or for the use of, or serving any Unit (alone or in conjunction with other Units) are hereinafter from time to time referred to as the Limited Common Elements of such Unit.
Section 5.3. Structural Components. Except as a tenant in common with all other Owners, no Owner shall own any structural components of the Building, including structural columns or pipes, ducts, flues, shafts, electrical wiring, conduits, or public utility lines running through his or her Unit and forming a part of any system serving more than his or her Unit, or any cable components of communication systems, if any, located in his or her Unit, whether or not any such items shall be located in the floors, ceilings or perimeter or interior walls of the Unit. All pipes, ducts, flues, shafts, electrical wiring, conduits, utility lines (to the outlets), chutes, and structural components located in or running through a Unit and serving more than one Unit or serving, or extending into, the Common Elements shall not be deemed to be Limited Common Elements. No Owner may take any action, including limiting access to such
nit and serving more than one Unit or serving, or extending into, the Common Elements shall not be deemed to be Limited Common Elements. No Owner may take any action, including limiting access to such Common Elements, which would interfere with the ability of the Association to repair, replace or maintain said Common Elements as provided herein.
Section 5.4. Allocated Interest. Appurtenant to each Unit shall be an Allocated Interest in the Common Elements as set forth in Exhibit B attached hereto. The Allocated Interest set forth in Exhibit B have been computed and determined in accordance with the Act, and shall remain constant and shall not be changed, except as specifically permitted under the Act or this Declaration. The Allocated Interest appurtenant to a Unit shall be an undivided interest.
Title to a Unit shall not be conveyed separately from the Allocated Interest corresponding to the Unit. The Allocated Interest corresponding to a Unit shall always be DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION deemed conveyed or encumbered with any conveyance or encumbrance of that Unit, even though the legal description in the instrument conveying or encumbering said Unit may refer only to the fee title to that Unit.
Section 5.5. No boats, or trailers may be parked in any Driveway area. No Owner or occupant shall interfere in any manner with ready access to and from any Parking Garage and no vehicle may be parked, even temporarily, in front of any Parking Garage.
The Association may cause a vehicle improperly parked in the driveway vehicle to be towed or otherwise removed from the Condominium at the expense of the vehicle owner and shall not be liable for any damage to the vehicle resulting from such action.
rked in the driveway vehicle to be towed or otherwise removed from the Condominium at the expense of the vehicle owner and shall not be liable for any damage to the vehicle resulting from such action.
Section 5.7. Roof Top. A Roof Top contiguous to and serving exclusively a single Unit shall be a Limited Common Element appurtenant to the Unit. A roof top shall not be used for the storage of personal or equipment of any kind., and no furniture placed on any roof top may exceed the height of the railing. Items placed on a roof top and use of a roof top shall also be accordance with applicable Rules and Regulations. Material installed on a roof top flooring or railing must be approved in writing by the Board and comply with rules adopted by the Board, and shall thereafter be maintained at the sole expense of the Owner making such installation. The cost of maintenance, repair and replacement of the Roof Top (excluding flooring material installed by the Owner) shall be a Common Expense.
Section 5.8. Use and Occupancy of Common Elements and Limited Common Elements. Each Owner and occupant shall have the right to (i) the exclusive use and possession of the Limited Common Elements exclusively serving the Unit(s) of such Owner(s), which right shall be appurtenant to and shall run with title to such Unit(s), and shall not be separated from such Unit(s), and (ii) the use and possession of the Limited Common Elements serving the Unit(s) of such Owner(s) in common with one or more (but not all) other Units, which use and possession shall be to the exclusion of all other persons except the Owner of any such other Unit to which such Limited Common Elements shall respectively appertain. Each Owner shall be obligated to maintain his or her own Unit and
usion of all other persons except the Owner of any such other Unit to which such Limited Common Elements shall respectively appertain. Each Owner shall be obligated to maintain his or her own Unit and the Limited Common Elements appurtenant thereto in good, clean order and repair. No Owner shall overload the electric wiring or plumbing systems in the Building, or operate any machines, appliances, accessories or equipment in such manner as to cause, in the judgment of the Association, an unreasonable disturbance to others. No Owner shall overload the floors of any Unit, the Common Elements or the Limited Common Elements.
There shall be no obstruction of the Common Elements nor shall anything be stored in the Common Elements without the prior consent of the Association except as herein expressly provided.
Section 5.9. Cleanliness of Common Elements. No clothes, sheets, blankets, laundry or other articles of any kind shall be hung out or exposed on any part of the Common Elements. The Common Elements shall be kept free and clear of rubbish, debris and other unsightly materials.
Section 5.10. Storage in Common Elements. No benches, chairs or other personal property shall be left on, nor shall any playing, lounging, parking of baby carriages, DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION Section 5.11. Modification of Common Elements and Limited Common Elements.
Nothing shall be altered or constructed in or removed from the Common Elements or Limited Common Elements except as (i) constructed, altered or removed by or with the permission of Declarant at any time during the Declarant Control Period, or, thereafter, (ii) with the written consent of the Association.
Section 5.12. Unit Security Systems. If a Unit contains a security system, that system
t any time during the Declarant Control Period, or, thereafter, (ii) with the written consent of the Association.
Section 5.12. Unit Security Systems. If a Unit contains a security system, that system is the personal property of the Owner. Each Owner must provide the managing agent for the Condominium and the Association with the security code therefor. The managing agent for the Condominium and the Association shall not be responsible for any charges incurred in connection with the use or operation of the security systems. Declarant and the Association may, but shall not be obligated to, maintain or support certain activities within the Condominium for safety purposes. DECLARANT, THE ASSOCIATION, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, COMMITTEES, MEMBERS, AGENTS AND EMPLOYEES, SHALL NOT IN ANY WAY BE CONSIDERED AN INSURER OR GUARANTOR OF SECURITY WITHIN THE CONDOMINIUM, AND SHALL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN. EACH OWNER, OCCUPANT, GUEST, AND INVITEE WITHIN THE CONDOMINIUM ASSUMES ALL RISK FOR LOSS OR DAMAGE TO HIS OR HER PERSON, TO HIS OR HER UNIT, TO THE CONTENTS OF HIS OR HER UNIT, IF ANY, AND TO ANY OTHER OF HIS OR HER PROPERTY WITHIN THE CONDOMINIUM. THE ASSOCIATION EXPRESSLY DISCLAIMS AND DISAVOWS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, RELATIVE TO ANY SECURITY SYSTEMS, EQUIPMENT OR MEASURES RECOMMENDED, INSTALLED OR UNDERTAKEN WITHIN THE CONDOMINIUM.
ARTICLE VI. - EASEMENTS AND ENFORCEMENTS Section 6.1. Recorded Easements. The Condominium is subject to the easements
EQUIPMENT OR MEASURES RECOMMENDED, INSTALLED OR UNDERTAKEN WITHIN THE CONDOMINIUM.
ARTICLE VI. - EASEMENTS AND ENFORCEMENTS Section 6.1. Recorded Easements. The Condominium is subject to the easements described in this Article VI and any other recorded easements and licenses applicable to the Condominium.
Section 6.2. Encroachments. If any part of the Common Elements encroaches or shall hereafter encroach upon any part of any Unit, or any part of any Unit encroaches or shall hereafter encroach upon any part of the Common Elements, or any portion of any Unit encroaches upon any part of any other Unit as a result of the renovation, repair, reconstruction, settlement or shifting of the Building, valid easements for the maintenance of such encroachment are hereby established and shall exist for the benefit of such Unit or Common Elements so encroaching so long as all or any part of the Building containing such Unit or Common Element so encroaching shall remain standing; provided, however, that after the date this Declaration is recorded, a valid easement for any encroachment shall in no event be created in favor of any Owner of a Unit other than the Declarant or in favor of the Owners of the Common Elements if such encroachment occurred due to the intentional or willful conduct of said owner(s) or their agent(s).
DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION Section 6.3. Utility Easements. Easements are hereby declared and granted for utility purposes, including the right to install, lay, construct, maintain, operate, renew, repair and replace water mains and pipes, sewer lines, gas mains, telephone wires, cable television and satellite television networks, internet networks, receiving dishes and equipment, and
te, renew, repair and replace water mains and pipes, sewer lines, gas mains, telephone wires, cable television and satellite television networks, internet networks, receiving dishes and equipment, and electrical conduits, wires and equipment over, under, along and on any part of the Common Elements for the purpose of providing the Condominium with such services, as may exist on the date any Condominium is submitted to the Act.
Section 6.4. Cable Easements. Easements are hereby declared and granted to Declarant and the Association on the roofs and alongside the perimeter of the Units for purposes of installing receiving dishes for cable reception and the like.
Section 6.5. Easement of Enjoyment. A non-exclusive easement of enjoyment is hereby declared and granted to each Owner in and to the Common Elements.
Section 6.6. Easement of Access. Each Unit shall have, and each Unit shall be subject to, a perpetual easement for the use and maintenance of all rights of ingress and egress along driveways, walkways, stairways, lobbies, hallways, and corridors providing access to such Unit and to the Parking Area.
Section 6.7. Easements Appurtenant. All easements and rights described herein are easements appurtenant, running with the Condominium, and shall inure to the benefit of and be binding on Declarant, its successors and assigns, and any Owner, purchaser, Mortgagee and other person having an interest in said Condominium, or any part or portion thereof.
Section 6.8. Incorporation of Easements. Reference in the respective deeds of conveyance, or in any Mortgage or deed of trust or other evidence of obligation, to this Declaration shall be sufficient to create and reserve such easements and rights to the
the respective deeds of conveyance, or in any Mortgage or deed of trust or other evidence of obligation, to this Declaration shall be sufficient to create and reserve such easements and rights to the respective grantees, mortgagees and trustees of such parcels as fully and completely as though such easements and rights were recited fully and set forth in their entirety in such documents.
Section 6.9. Declarant Easements. The right of the Owners to use the Common Elements as set forth herein shall be subject to a blanket easement over the Common Elements in favor of Declarant, and its representatives, agents, associates, employees, contractors, subcontractors, tenants, successors and assigns, for the purpose of (i) access and ingress to and egress from the Common Elements or any part thereof, (ii) construction, installation, repair, replacement and restoration of utilities, buildings, landscaping and any other improvements on the Condominium or any part thereof, (iii) the installation and maintenance of signs advertising the Units on the Condominium, or any part thereof, and signs directing potential purchasers to the sales office and models erected in connection with such Units, (iv) using and showing the models and sales office or for such other purposes deemed necessary or desirable in connection with such construction, leasing, marketing, sales, or brokerage, (v) setting up, staffing and maintaining marketing materials and tables in the Common Elements and using the Common Elements for special events, (vi) posting and maintaining such signs and lighting on the Condominium as are deemed necessary or desirable in connection with (iv) and (v) above, and (vii) using the office of
ts for special events, (vi) posting and maintaining such signs and lighting on the Condominium as are deemed necessary or desirable in connection with (iv) and (v) above, and (vii) using the office of the Building for management of the Building, construction activities at the Building and sales or leasing activity concerning the Building. Until all the Units are sold and conveyed, Declarant shall be entitled to such access, ingress and egress to the Condominium as it shall deem necessary in connection with the sale of, or work in, the Building or any Unit. Declarant shall have a blanket easement over the Common Elements for its representatives, agents, associates, employees, contractors, subcontractors, tenants, successors and assigns for purposes of access and ingress to and egress from said DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION Common Elements, and for purposes of marketing, sales, brokerage, construction, installation, repair, replacement and restoration of utilities, driveways, buildings, landscaping and any other improvements on said Common Elements until Declarant is no longer an Owner. The foregoing easement shall be deemed and taken to be a covenant running with the Condominium.
ARTICLE VII. - THE ASSOCIATION Section 7.1. Incorporation. Declarant has caused the Association to be formed as a Texas non-profit corporation for the purposes of facilitating the administration and operation of the Condominium in accordance with the Act.
Section 7.2. Miscellaneous.
A. Association Membership and Allocation of Votes. Each Owner, by virtue of ownership of an interest in a Unit, excluding Persons holding an interest under a Mortgage, are members of the Association and, except as otherwise provided herein or in the Bylaws, shall be entitled to
nership of an interest in a Unit, excluding Persons holding an interest under a Mortgage, are members of the Association and, except as otherwise provided herein or in the Bylaws, shall be entitled to vote on all matters upon which members of the Association are entitled to vote pursuant to the Declaration and in accordance with the Bylaws. Subject to the provisions of the Condominium Instruments, the Owner(s) of a Unit shall be entitled to one (1) vote for such Unit weighted in accordance with the Allocated Interest appurtenant to the Unit.
B. Bylaws. The Bylaws of the Association shall be adopted by the initial Board and may be amended thereafter as provided therein.
C. Board of Directors. There shall be a Board of Directors comprised of three (3) Directors.
The appointment, election and removal of Directors shall be in accordance with the Bylaws of the Association.
Section 7.3. Declarant Control Period. Notwithstanding anything herein to the contrary, until one hundred twenty (120) days after the date that seventy-five percent (75%) of the Units have been conveyed to Persons other than Declarant, Declarant shall appoint and remove all officers of the Association and all members of the Board. If Declarant voluntarily surrenders such appointment and removal power before termination of the 120-day period described above, by an instrument duly recorded in the Official Public Records of Real Property of Dallas County, Texas, Declarant may require, for the duration of such one hundred twenty (120) day period, that specified actions of the Association or the Board be approved by Declarant before they become effective. The earlier of (a) the date that is one hundred twenty (120) days after the date that seventy-five percent (75%) of the Units have been conveyed to
approved by Declarant before they become effective. The earlier of (a) the date that is one hundred twenty (120) days after the date that seventy-five percent (75%) of the Units have been conveyed to Persons other than Declarant or (b) the date Declarant voluntarily surrenders appointed and removal power by recorded instruments is referred to herein as the "Declarant Control Period".
Notwithstanding the foregoing, within one hundred twenty (120) days after the date that fifty percent (50%) of the Units have been conveyed to Persons other than Declarant, one-third (%) of the members of the Board shall be elected by Owners other than Declarant, at a regular or special meeting of the Association. In no event shall the Declarant Control Period extend beyond three (3) years after the first conveyance of a Unit to a Person other than Declarant. At the end of said three (3) year period, the Declarant Control Period shall automatically expire. Within thirty (30) days after the expiration of Declarant Control Period, a special meeting of the Association shall be held at which time the then members of the Board shall resign and a new Board shall be elected pursuant to the Bylaws. The new Board shall elect new officers of the Association within thirty one (31) days after the expiration of the Declarant Control Period.
DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION Section 7.4. Property Management. After the expiration of the Declarant Control Period, the Board may engage a professional management company to handle the daily administration and operation of the Condominium on behalf of the Association.
ARTICLE VIII. - MAINTENANCE, ALTERATION AND IMPROVEMENTS Responsibility for the maintenance of the Condominium and restrictions upon the
and operation of the Condominium on behalf of the Association.
ARTICLE VIII. - MAINTENANCE, ALTERATION AND IMPROVEMENTS Responsibility for the maintenance of the Condominium and restrictions upon the alteration and improvement thereof shall be as follows: Section 8.1. Maintenance of Units and Common Elements Adjacent or Contiguous To Or Between Units.
A. By the Association. The Association shall maintain, repair and replace, as a Common Expense of the Association: 1. All portions of the Common Elements and Limited Common Elements (except as otherwise specified in this Declaration) adjacent or contiguous to a Unit, or between or within Units, contributing to the support of the Building, which portions shall include but not be limited to the outside walls of the Building and all fixtures on the exterior thereof, boundary walls of Units, floor and ceiling slabs, load-bearing columns, interior wall studs, and load-bearing walls.
2. All conduits, vents, ducts, plumbing, wiring and other facilities for the furnishing of utility services which are contained in the portions described in Subsection 1, above; and all of such facilities contained within a Unit which service part or parts of the Condominium, other than the Unit within which contained.
3. All exterior windows and exterior Unit doors.
4. The Parking Area.
5. By acceptance of a deed to a Unit, each Owner grants a right of access to the Unit and any Limited Common Elements such as the Balcony of a Unit to the Association's officers and agents, the Board, the manager and/or any other person authorized by the Board and shall provide the Association a copy of the keys to the Unit, for the purpose of (a) making inspections, including inspections for structural damage, (b)
r any other person authorized by the Board and shall provide the Association a copy of the keys to the Unit, for the purpose of (a) making inspections, including inspections for structural damage, (b) removing violations noted or issued by any governmental authority against the Common Elements, the Limited Common Elements or any other part of the Condominium, (c) correcting any conditions originating in such Unit and threatening another Unit or all or any part of the Common Elements, (d) performing installations, alterations or repairs to the mechanical or electrical services or other portions of the Common Elements within such Unit or elsewhere in any Building, (e) reading, maintaining or replacing utility meters or sub-meters relating to the Common Elements, such Unit or any other Unit in the Building or (f) correcting any condition which violates the provisions of any Mortgage covering another Unit, provided that requests for such entry are made not less than one (1) day in advance and that any such right shall be exercised in such a manner as will not unreasonably interfere with the use of the Unit. Any damage caused by such entry shall be repaired by the Association and charged as a Common Expense. In case of an emergency, such right of entry shall be immediate, without advance notice, whether or not the Owner is present.
DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION Each Owner also grants a right of access to the Owner's Unit, and the Board shall grant a right of access to the Common Elements, to Declarant and its contractors, subcontractors, agents and employees, for the purposes of performing repairs and/or completing construction of improvements to the Building in accordance with the plans
Declarant and its contractors, subcontractors, agents and employees, for the purposes of performing repairs and/or completing construction of improvements to the Building in accordance with the plans and specifications, if any, for such improvements; provided that access thereto shall be exercised in such a manner as will not unreasonably interfere with the use of Units.
6. Declarant and the Association shall not liable for any special, consequential or indirect damages in connection with maintenance of the Common Elements.
B. By Each Owner. The responsibilities and obligations of an Owner shall be as follows: 1. Each Owner shall have the exclusive right to paint, repaint, tile, wax, paper or otherwise refinish and decorate the inner surfaces of the walls, ceiling, floor and doors bounding such Owner's Unit at the Owner's expense. Decorative wall items such as lights, shelves and art work may be affixed to or installed on the interior walls, floor, doors and ceiling of any Unit which are Limited Common Elements without prior approval of the Association provided such affixation or installation is done in a good and workmanlike manner. Except for such affixation or installation of decorative wall items, no Owner shall make any alterations to, or that affect, any of the Common Elements (including windows and doors which are Limited Common Elements) nor install any article therein without the prior approval of the Association. The exterior of all draperies, window shades, curtains, or other window coverings shall be neutral in color and subject to the Rules and Regulations of the Association.
2. An Owner shall repair, replace and maintain in good, clean repair and condition
ins, or other window coverings shall be neutral in color and subject to the Rules and Regulations of the Association.
2. An Owner shall repair, replace and maintain in good, clean repair and condition at his or her sole expense (i) the Fixtures (as hereinafter defined) within the Owner's Unit; (ii) the finished interior surfaces of perimeter walls, interior walls, ceiling and floor of the Unit, including, but not limited to, such materials as lath, furring, drywall, wallboard, plasterboard, plaster, paneling, wallpaper, paint, wall and floor tile and flooring (but not including the subflooring); (iii) any Solar-X or similar material on the interior surface of all exterior windows, and any glass in doors or interior windows facing the hallway; (iv) the space, enclosed by the Balcony, including flooring materials placed or installed on a Balcony (with the structure enclosing the Balcony to be maintained by the Association as a Limited Common Element); and (v) the air handler mechanical unit and air conditioning compressor for the Unit. The interior surfaces of all exterior windows and the exterior surfaces of windows and doors on Balconies which are Limited Common Elements shall be cleaned or washed by the Owner thereof. The repair, replacement and maintenance required by this paragraph of these areas or surfaces which are exposed to public view shall be done in a manner consistent with the decor of the Condominium and shall be subject to the control and direction of the Association. No Owner shall disturb or relocate any Utilities (as hereinafter defined) running through a Unit.
a. "Utilities" as used herein, means all lines, pipes, wires, conduits or systems located within the walls, floors or ceilings of a Unit which are a part of the Common Elements.
unning through a Unit.
a. "Utilities" as used herein, means all lines, pipes, wires, conduits or systems located within the walls, floors or ceilings of a Unit which are a part of the Common Elements.
b. "Fixtures" as used herein, means the personal property, appliances, machinery and equipment installed in, on or within, or affixed to, a wall, ceiling or floor of, a Unit commencing at the point where such items connect with the Utilities, including, but not limited to, all light fixtures, plumbing appliances (such as, but not limited to, faucets, water valves, shower heads, tubs, sinks and drain taps within a Unit), electrical wall DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION switches or outlets, common TV antenna outlet, air conditioning vents, range, oven, dishwasher, disposal, vented hood over kitchen sink, if any, refrigerator and the like.
3. No Owner shall paint or otherwise decorate or change the appearance of any portion of the exterior of his or her Unit, or any Balcony to the Unit, except as provided in this Declaration, or of the Building, including windows and exterior doors of the Unit.
4. All Owners shall promptly report to the Board any defect or need for repairs that are the responsibility of the Association under this Article VIII.
5. Construction work on the interior of any Unit must be in compliance with such construction rules as the Board may approve from time to time. Any replacement of carpet with any other type of floor covering must be done in such a manner as to ensure proper sound attenuation is achieved.
C. Required Maintenance of Individual Units -Special Assessments. Maintenance and repair of a Unit, if such maintenance or repair is reasonably necessary, in the discretion of
attenuation is achieved.
C. Required Maintenance of Individual Units -Special Assessments. Maintenance and repair of a Unit, if such maintenance or repair is reasonably necessary, in the discretion of the Board, to protect the Common Elements or Limited Common Elements or preserve the appearance and value of the Condominium, when the Owner has failed or refused to perform said maintenance or repair within a reasonable time after written notice of the necessity of maintenance or repair delivered by the Board, shall be performed by the Board for which it shall levy a special assessment against the Unit of such Owner for the cost of said maintenance or repair, the payment of which shall also be secured by the lien for assessments hereinafter provided as inthe case of assessments for Common Expenses.
D. Costs Expended for Individual Units. The costs of any materials, supplies, furniture, labor, services, maintenance, repairs, approved interior structural alterations or taxes provided or paid for a particular Unit shall be specially assessed against the Unit and the Owner.
Section 8.2. Common Elements.
A. By the Association. The maintenance and operation of the Common Elements and Limited Common Elements shall be the responsibility and the Common Expense of the Association, except where maintenance and repairs of Limited Common Elements are specifically assigned to an Owner by this Declaration or the Rules and Regulations governing the Condominium.
B. By Declarant. The Declarant shall have the right to alter the Common Elements to the extent described in Article IV.
ARTICLE IX - ASSESSMENTS Section 9.1. Definition.
For purposes of this Declaration, "assessments" means any regular assessment,
ight to alter the Common Elements to the extent described in Article IV.
ARTICLE IX - ASSESSMENTS Section 9.1. Definition.
For purposes of this Declaration, "assessments" means any regular assessment, special assessment or reserve assessment (including annual assessments, defined below), dues, fees, charges, interest, late fees, fines, collection costs, attorneys' fees, and any other amount due to the Association by an Owner or levied against a Unit by the Association, all of which are enforceable as assessments under this Declaration and the Act.
DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION Section 9.2. Obligation to Pay and Allocation of Liability for Common Expenses.
A. Except as provided below, or elsewhere in the Act or Condominium Instruments, the amount of all Common Expenses shall be assessed against all Units in accordance with the Allocated Interest. A special assessment assessed against all Units shall also be in accordance with the Allocated Interest.
B. The Board shall have the power to levy special assessments against Units as in its discretion it shall deem appropriate. Failure of the Board to exercise its authority under this paragraph shall not be grounds for any action against the Association or the Board and shall not constitute a waiver of the Board's right to exercise its authority under this paragraph in the future with respect to any expenses, including an expense for which the Board has not previously exercised its authority under this paragraph.
C. Any Common Expenses benefiting less than all of the Units or significantly disproportionately benefiting all Units may be specially assessed equitably among all of the Units that are benefited according to the benefit received. Except for expenses for
Units or significantly disproportionately benefiting all Units may be specially assessed equitably among all of the Units that are benefited according to the benefit received. Except for expenses for maintenance, repair or replacement of Limited Common Elements that may be specially assessed, expenses incurred for the maintenance, repair or replacement of Common Elements shall not be specially assessed.
Section 9.3. Determination of Common Expenses and Common Expense Liability.
The Declarant, initially, and thereafter, the Board, shall from time to time, and at least annually, prepare an annual budget for the Condominium, fixing and determining the amount of assessments payable by the Owners to meet the Common Expenses of the Condominium and allocate and assess such Common Expenses among the Units in accordance with the Allocated Interest appurtenant to each Unit.
A. Common Expenses shall include, but not be limited to: 1. Expenses for the operation, maintenance, repair or replacement of the Common Elements and the Limited Common Elements; 2. Cost of carrying out the powers and duties of the Association; 3. All insurance premiums and expenses relating thereto, including fire insurance and any other expenses designated as Common Expenses from time to time by the Board; 4. Utility expenses for the Common Elements, and utility expenses for Limited Common Elements that are not separately metered; and 5. Any costs to use, lease, operate, maintain or repair the Parking Area.
B. The Board may also include, as Common Expenses, an amount for working capital for the Association, amounts necessary to make up any deficit in the Common Expenses for a prior year, and such amounts as may be necessary to effect any other
Expenses, an amount for working capital for the Association, amounts necessary to make up any deficit in the Common Expenses for a prior year, and such amounts as may be necessary to effect any other purpose or requirement of this Declaration, including the purchase of additional equipment or services. The Board shall establish an initial working capital fund from funds collected from each Owner at the time of closing of the sale of a Unit by the Declarant in an amount equal to two (2) full months of assessments against the Unit for Common Expenses based on the annual budget adopted by the Association. Amounts in the initial working capital fund shall not be considered advance payments for regular assessments.
DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION Declarant may pay any budget deficit during the Declarant Control Period in lieu of paying assessments on the Units that it owns, in accordance with the Act.
C. The Board may establish an adequate reserve fund for replacement of Common Element components and Limited Common Elements that the Association is obligated to maintain (including amounts for deductibles in property insurance policies), to be a part of the Common Expenses and paid as part of the assessments. Without the prior approval by majority vote of the Owners (or such greater vote as may be required by law), no part of such reserve fund may be used for normal operating expenses.
D. The Board shall promptly advise all Owners in writing of the amount of the assessment payable by each of them, respectively, as determined by the Board, or Declarant, and shall, upon written request, provide a copy of the budget on which such assessment is based to an Owner.
If the allocation and assessment of Common Expenses to the Owners proves
ard, or Declarant, and shall, upon written request, provide a copy of the budget on which such assessment is based to an Owner.
If the allocation and assessment of Common Expenses to the Owners proves inadequate for any reason, including nonpayment of a Owner's assessment, or in the event of casualty losses, condemnation losses or other events which require additional funds to be supplied for preservation, repair, replacement, rebuilding or restoration of the Condominium, the Board shall have the authority at any time and from time to time to levy a special assessment as it shall deem necessary.
Section 9.4. Payment of Assessments.
The aggregate of the annual assessment made by the Board and allocated and assessed to each Unit shall be payable in twelve (12) equal monthly installments each calendar year.
Assessments shall commence no later than sixty (60) days after the first conveyance of a Unit to a Person other than the Declarant. In lieu of paying assessments during the Declarant Control Period, Declarant shall have the option of paying any deficit between operational expenses of the Association and assessments paid by Owners other than Declarant, in accordance with the Act. Such payments shall be due and payable in advance on the first day of each month. If, at any time, an Owner is in arrears more than fifteen (15) days with respect to the payment of two (2) monthly installments, the Board may, at its option, accelerate the due date of the remaining unpaid monthly installments and declare said sums immediately due and payable and give notice of such action to such Owner. From and after the date of such notice, the Board may enforce the payment of any such sums determined to be due as in the case of any other assessment. Special assessments shall be payable on or
wner. From and after the date of such notice, the Board may enforce the payment of any such sums determined to be due as in the case of any other assessment. Special assessments shall be payable on or before ten (10) days after Owners are invoiced therefor.
The failure or delay of Declarant or the Board to prepare any annual budget or to deliver a copy of the budget to an Owner shall not constitute a waiver or release in any manner of an Owner's obligation to pay Common Expenses as assessed and, in the event of any delay or failure to establish any annual budget, each Owner shall continue to pay the Common Expenses, monthly, at the rate established for the previous period.
Section 9.5. Reserve Assessment. Upon the sale of a Unit (whether the first sale or any subsequent sale) the purchaser thereof shall pay to the Association a sum equal to three (3) times the monthly assessment in effect as of the date of closing on the sale of such Unit (hereafter referred to as the "reserve assessment"). The reserve assessment shall be due and payable on or before ten (10) days after the date the deed conveying the Unit to the purchaser is recorded or, if a contract for deed or similar instrument, the date the contract for deed is executed. Payment of the reserve assessment shall be in default if the reserve assessment is DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION not paid on or before the due date for such payment. Reserve assessments in default shall bear interest and be subject to late charges in the same manner as other assessments per this Article. All reserve assessments collected by the Association shall be deposited into a reserve account established and maintained by the Association. No reserve assessment paid
r assessments per this Article. All reserve assessments collected by the Association shall be deposited into a reserve account established and maintained by the Association. No reserve assessment paid by an Owner shall be refunded to the Owner by the Association. The Association may enforce payment of reserve assessments in the same manner that the Association may enforce the payment of assessments pursuant to this Article.
Section 9.6. Interest on Unpaid Assessments; Late Charges. Assessments that are unpaid for over thirty (30) days after due date shall bear interest at the rate of ten percent (10%) per annum from due date until paid. In addition, the Board may impose a reasonable late charge on delinquent assessments each month in which an assessment or portion thereof remains unpaid. Late charges shall be in addition to, not in lieu of, interest.
Section 9.7. Unpaid Assessments: Liens, Penalties and Methods of Collection.
A. All assessments are a personal obligation of the Owner and shall not pass as a personal debt to successors in title unless expressly assumed. The Association shall have a continuing lien on each Unit to secure the payment of assessments, together with interest thereon, late charges, costs and reasonable attorneys' fees incurred in collection of same and the enforcement of said lien. Such lien shall include all rents and insurance proceeds received by such Owners and relating to such Unit. All such liens shall be subordinate and inferior to a First Mortgage. The Board shall take such action as it deems necessary to collect assessments and may settle and compromise the same if it is in the best interest of the Association. Said liens shall be effective as and in the manner provided
action as it deems necessary to collect assessments and may settle and compromise the same if it is in the best interest of the Association. Said liens shall be effective as and in the manner provided for by the Act and shall have the priorities established by said Act.
B. The Board may bring an action at law against the Owner personally obligated to pay an assessment or foreclose the lien against the Unit, or both, and interest, late charges, costs and reasonable attorneys' fees of any such action shall be added to the amount of such assessment. Each Owner, by acceptance of a deed to a Unit, hereby expressly vests in the Board or its agents the right and power to bring all actions against such Owner personally for the collection of such assessments as a debt and to enforce the aforesaid lien by all methods available for the enforcement of such liens, including non-judicial foreclosure pursuant to the Texas Property Code, and such Owner hereby expressly grants to the Board a power of sale in connection with said lien. The Board may designate a trustee in writing from time to time to post or cause to be posted the required notices and to conduct such foreclosure sale. The trustee may be changed at any time and from time to time by an instrument in writing signed by the President or a Vice-President of the Association and filed for record in the Official Public Records of Real Property of Dallas County, Texas. The lien provided for in this section shall be in favor of the Association. In the event that the Board decides to foreclose the lien provided herein for the nonpayment of assessments, the Board shall mail to such Owner or Owners and the Mortgagee of the Unit for which the assessment
vent that the Board decides to foreclose the lien provided herein for the nonpayment of assessments, the Board shall mail to such Owner or Owners and the Mortgagee of the Unit for which the assessment has not been paid a copy of the Notice of Trustee's Sale no less than twenty-one (21) days or longer if required by the statutory requirements then in effect prior to the date on which said sale is scheduled by posting same through the U.S. Postal Service, postage prepaid, certified or registered, return receipt requested, properly addressed to such Owner at the Owner's lastknown address according to the records of the Association.
C. At any foreclosure, judicial or non-judicial, the Association shall be entitled to bid up to the amount of its lien, together with interest, costs and attorneys' fees, and to apply as a cash credit against its bid all sums due the Association covered by the lien foreclosed. Any DECLARATION OF PARK NINETY-TWO OWNERS ASSOCATION amount bid by the Association shall be a Common Expense of the Association. From and DECLARATION OF PARK NINETY-TWO OWNERS ASSOCATION after any such foreclosure the occupants of such Unit shall be required to pay a reasonable rent for the use of the Unit and the purchaser at such foreclosure shall be entitled to the appointment of a receiver to collect same, and, further, shall be entitled to sue for recovery of possession of the Unit at forcible detainer without the necessity of giving any notice to the former Owner or any occupants of the Unit sold at foreclosure unless such notices are required by the statutory requirements then in effect.
D. The Association may also, at its option, accept a deed in lieu of foreclosure, or sue to recover a money judgment for unpaid assessments, without thereby waiving the lien
quirements then in effect.
D. The Association may also, at its option, accept a deed in lieu of foreclosure, or sue to recover a money judgment for unpaid assessments, without thereby waiving the lien securing the same.
E. A foreclosure of the Association's lien for unpaid assessments shall not affect, in any way, a valid lien of any First Mortgagee on the Unit sold at such foreclosure.
F. In addition to, and cumulative with, any other remedy provided herein, in the case of failure of any Owner to pay any assessment due or comply with the terms and provisions of the Declaration, the Bylaws or any Rules and Regulations of the Association, the Board may suspend the voting rights of any Owner (i) for any period after such Owner has been delinquent in the payment of assessments due the Association for more than thirty (30) days, (ii) for any period during which such Owner shall remain in default of any other obligation herein provided, and (iii) for any period not to exceed thirty (30) days for a single infraction of the Bylaws or any Rules and Regulations of the Association, or both; provided, however, except for failure to pay assessments, no such suspension shall be effected until the Owner shall have been given the opportunity to request a hearing before the Board or a committee designated by the Board; if a hearing is requested by the Owner, no such hearing shall be held until the Owner shall have received at least ten (10) days' written notice of the time and place of the hearing.
G. Assessments involving a charge for property damage or a fine for violation of this Declaration, the Bylaws or any Rules and Regulations of the Association shall involve the following notice procedure: that: 1. The Association shall give the Owner of the affected Unit a written notice
eclaration, the Bylaws or any Rules and Regulations of the Association shall involve the following notice procedure: that: 1. The Association shall give the Owner of the affected Unit a written notice a. describes the violation or property damage and states the amount of the proposed fine or damage charge; and b. states that not later than the thirtieth (30th) day after the date of the notice, the Owner may request a hearing before the Board to contest the fine or damage charge; c. allows the Owner a reasonable time, by a specified date, to cure the violation and avoid the fine unless the Owner was given notice and a reasonable opportunity to cure a similar violation within the preceding twelve (12) months.
2. After levying the fine or damage charge, the Association shall give notice of the fine or damage charge to the Owner not later than the thirtieth (30th) day after the date of levy.
3. The Association may give a copy of the notice required by this paragraph to the occupant of the affected Unit.
H. Notwithstanding anything herein to the contrary, the Association may not foreclose a lien for assessments consisting solely of fines for violation of this Declaration, the Bylaws or DECLARATION OF PARK NINETY-TWO OWNERS ASSOCATION any Rules and Regulations of the Association, unless such foreclosure is permitted by applicable law. Foreclosure shall be permitted for any assessments that include fines in addition to other types of assessments.
Section 9.8. Liability of Purchaser for Unpaid Assessments.
A. In the event a purchaser of a Unit obtains title thereto as a result of foreclosure of a First Mortgage, or in the event a First Mortgagee accepts a deed to a Unit in lieu of foreclosure, the purchaser of the Unit shall not be liable for assessments which became due
lt of foreclosure of a First Mortgage, or in the event a First Mortgagee accepts a deed to a Unit in lieu of foreclosure, the purchaser of the Unit shall not be liable for assessments which became due with respect to the Unit prior to acquisition of title. Such foreclosure shall cut off and extinguish the lien of the Association securing assessments which became due and payable prior to the date of the foreclosure of the First Mortgage. However, no such foreclosure shall free such Unit from the lien securing assessments thereafter becoming due and payable; nor shall the personal obligation of the former Owner of such Unit for unpaid assessments be extinguished by any foreclosure.
B. Upon the sale or conveyance of a Unit, except through foreclosure of a First Mortgage, all unpaid assessments against an Owner shall first be paid out of the sale price; provided, however, that if such unpaid assessments are not paid or collected at the time of a sale or conveyance of a Unit, the grantee of the Unit shall be jointly and severally liable with the selling Owner for all unpaid assessments up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the selling Owner the amounts paid by the grantee. Any grantee of a Unit shall be entitled, upon written request therefor, to a statement from the Association setting forth the amount of the unpaid assessments against the Unit and such grantee shall not be liable for, nor shall the Unit conveyed be subject to, a lien for any unpaid assessments in excess of the amount set forth in the statement; provided, however, the grantee shall be liable for any assessments becoming due after the date of any such conveyance; and, further, such grantee shall not be entitled to
t set forth in the statement; provided, however, the grantee shall be liable for any assessments becoming due after the date of any such conveyance; and, further, such grantee shall not be entitled to occupancy of the Unit or enjoyment of the Common Elements until such time as all unpaid assessments due and owing by the former Owner have been paid.
Section 9.9. Assessment for Utility Service. The Association shall arrange for utility services for the Condominium, including Common Elements and all Units. The service centrally metered shall be a part of the Common Expense payable as in the case of other expenses; except that any such service individually sub-metered to each Unit shall be paid by the Owner of such Unit based upon the amount of usage reflected by such sub-meter as a pro rata amount of the charges based on the central master meter (if such usage is measured by a sub-meter), plus any reasonable billing charge from a third party billing company.
The Section 9.10. Assessments in Case of Claims Against Common Elements.
Association shall also pay any amount necessary to discharge any lien or encumbrance claimed or levied against the Condominium or any part thereof which may, in the opinion of the Board , constitute a lien against the Common Elements, rather than merely against the interests therein of particular Owners. Where one or more Owners are responsible for the existence of such lien, they shall be jointly and severally liable for the amount required to discharge it; and any costs incurred by the Board by reason of any such lien shall be specially assessed to said Owners and the payment of any such sums assessed shall be secured by the lien provided above and may be enforced as in the case of assessments for Common Expenses.
shall be specially assessed to said Owners and the payment of any such sums assessed shall be secured by the lien provided above and may be enforced as in the case of assessments for Common Expenses.
Section 9.11. Information To and From Mortgagees. At the request of a Mortgagee or the insurer or guarantor of a Mortgage, the Association may provide to the Mortgagee, insurer or guarantor information about the Condominium and such Owner's obligations to the DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION Association. By accepting a deed to a Unit, each Owner expressly consents to the Association providing such information to a Mortgagee, insurer or guarantor.
Section 9.12. Ownership Records. Not later than the 30th day after the date of acquiring an interest in a Unit, an Owner shall provide the Association with: A. The Owner's mailing address, telephone number and driver's license number and the make, model and license plate number of the Owner's vehicles.
B. The name and address of the holder of any lien against the Unit and any loan number.
C. The name and telephone number of any person occupying the Unit other than the Owner, and a copy of any agreement related to such occupancy; and D. The name, address and telephone number of any person managing the Unit as agent of the Owner, and a copy of any agreement related to such management.
Section 9.13. Updating Ownership Records. An Owner shall notify the Association not later than the 30th day after the date the Owner has notice of a change in any information required in Section 9.11., above, and shall provide the information on request by the Association from time to time. The submission of a check to the Association in payment of assessments which sets forth an address that is different than the mailing address of an
ion on request by the Association from time to time. The submission of a check to the Association in payment of assessments which sets forth an address that is different than the mailing address of an Owner previously provided to the Association does not constitute notice of a change in the Owner's mailing address.
ARTICLE X. - INSURANCE AND CONDEMNATION Section 10.1. General.
A. All insurance policies on the Condominium purchased by the Association shall be for the benefit of the Owners and their respective Mortgagees, as their interests may appear, and provisions shall be made for the issuance of certificates of Mortgagee endorsement to the Mortgagees of Owners. Any proceeds of such policies shall be payable to the Board, as trustee for the Owners and Mortgagees, as their interests may appear, and such policies and endorsements thereon shall be deposited with the Board.
B. Any hazard policy acquired by the Association shall provide that if, at the time of loss, there is other insurance in the name of an Owner covering the same property covered by the policy acquired by the Association, the insurance coverage afforded by the policy acquired by the Association shall be primary and not contributing with such other insurance. In no event shall the insurance coverage obtained and maintained by the Association pursuant thereto be brought into contribution with insurance purchased by the Owners or their Mortgagees.
C. All policies shall provide that coverage shall not be prejudiced by (i) any act or neglect of any occupants or Owners when such act or neglect is not within the control of the Association or Owners (collectively); or (ii) by failure of the Association to comply with any warranty or condition with regard to any portion of the premises over which the
within the control of the Association or Owners (collectively); or (ii) by failure of the Association to comply with any warranty or condition with regard to any portion of the premises over which the Association or Owners (collectively) have no control.
DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION D. All policies shall provide that coverage may not be cancelled or substantially modified (including cancellation for non-payment of premium) without at least thirty (30) days' prior written notice to any and all insureds named thereon and to all First Mortgagees.
E. All such policies shall contain a waiver of subrogation by the insurer as to any and all claims against the Association, the Owner of any Unit and/or his or her respective agents, employees or tenants, and waivers of any defenses based upon co-insurance or other insurance or upon invalidity arising from the acts of the insured and of pro rata reduction of liability.
F. If available, all policies of property insurance shall provide that, notwithstanding any provisions thereof which give the carrier the right to elect to restore damage in lieu of making the cash settlement, such option shall not be exercisable without the prior written approval of the Association.
Section 10.2. Coverage.
A. Casualty. The Condominium (including the Building, the Parking Area, and all easements owned by the Condominium, and all of the Common Elements, Limited Common Elements and Units therein and the improvements, including fixtures, installations or additions, of each Unit initially installed therein or sold by Declarant, but not including improvements, fixtures, furniture, furnishings or other personal property supplied by Owners or tenants of Owners) and all
each Unit initially installed therein or sold by Declarant, but not including improvements, fixtures, furniture, furnishings or other personal property supplied by Owners or tenants of Owners) and all other improvements and all personal property owned by the Condominium and included in the Common Elements shall be insured under a "master" or "blanket" type of policy, in an amount equal to not less than one hundred percent (100%) of the insurable "replacement cost," exclusive of land, foundations, excavation and other items normally excluded from coverage. The Board is authorized, but not required, to include in the master casualty policy, as a Common Expense, insurance covering damage to or loss of fixtures, installations or additions within Units, as initially installed by or at the expense of the Owner, or replacements thereof, and other personal property within Units. Such coverage shall afford protection against: (1) loss or damage by fire and other hazards covered by standard extended coverage policies, and debris removal, cost of demolition, vandalism, malicious mischief, windstorm and water damage (excluding flood waters); and (2) such other risks as from time to time shall be customarily covered with respect to buildings similar in construction, location and use as the Building on the Condominium, including those covered by the standard "all risk" endorsement or "broad form" covered causes of loss.
The casualty policy must be written by an insurance carrier that has an acceptable rating from the A.M. Best Company, Demotech, Inc., or Standard and Poor's, Inc. The maximum deductible amount on any casualty policy shall be the usual and customary deductible on casualty policies covering projects similar in construction, location and use.
dard and Poor's, Inc. The maximum deductible amount on any casualty policy shall be the usual and customary deductible on casualty policies covering projects similar in construction, location and use.
B. General Liability. The Association shall also obtain a policy or policies of commercial general liability insurance, with limits not less than $1,000,000.00 per occurrence covering all claims for death, bodily injury and property damage arising out of or in connection with the use, ownership or maintenance of the Common Elements (including all common areas, public ways and other areas under the supervision of the Association, and any commercial spaces owned by the Association, even if leased to others). Such coverage shall include protection against water damage liability (excluding flood waters), liability for non-owned and hired automobile, liability for property of others (excluding property damage to property in the care, custody or control of a named insured or as to which a named insured is for any purpose elevator exercising physical control), and, if applicable: DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION malfunction, garage-keeper's liability, host liquor liability and such other risks as shall customarily be covered with respect to projects similar in construction, location and use.
C. Common Provisions. In addition to the provisions in Section 10.2, insurance policies shall provide that: 1. Each Owner is an insured person under the policy with respect to liability arising out of such Owner's ownership of an undivided interest in the Common Elements or membership in the Association; 2. The insurer waives its right of subrogation under the policy against the Association and an Owner; 3. No action or omission of an Owner, unless within the scope of such
mbership in the Association; 2. The insurer waives its right of subrogation under the policy against the Association and an Owner; 3. No action or omission of an Owner, unless within the scope of such Owner's authority on behalf of the Association, will void the policy or be a condition to recovery under the policy; and 4. If, at the time of a loss under the policy, there is other insurance in the name of an Owner covering the same property covered by the policy, the Association's policy provides primary insurance.
D. Officers and Board Members. The Association shall also obtain a policy or policies of liability insurance insuring the Board members and officers of the Association against any claims, losses, liabilities, damages or causes of action arising out of, in connection with or resulting from, any act done or omission to act in their respective capacities. Such insurance shall be purchased by the Association and the cost thereof shall be a Common Expense.
E. Workers' Compensation. As applicable, the Association shall also obtain a workers' compensation policy to meet the requirements of law.
F. Other Insurance. The Association may also obtain such other insurance as the Board shall determine from time to time to be desirable, including, but not limited to, income insurance covering the Common Expenses payable by the Owners to the Board, machinery insurance, and plate glass insurance.
G. Fidelity Bonds. The Board may obtain adequate fidelity bonds or fidelity insurance for all Board members, officers, agents and employees of the Association handling or responsible for Association funds, whether or not they receive compensation for such services. Any manager hired by the Association shall obtain its own fidelity insurance
the Association handling or responsible for Association funds, whether or not they receive compensation for such services. Any manager hired by the Association shall obtain its own fidelity insurance providing for the same coverage as that obtained by the Association. The premiums on such bonds shall constitute a Common Expense, except when provided by a management company.
professional H. Flood Insurance. The Board may obtain flood insurance in such amounts and coverages as it determines appropriate. Such insurance shall be mandatory if any part of the Condominium is in a Special Flood Hazard Area designated as A, AE, AH, AO, AI-30, A-99, V, VE or V1-30 on a Flood Insurance Rate Map (FIRM). If so, required, the policy shall be a "master" or "blanket" policy, with coverage for the lesser of the maximum coverage available under the applicable National Flood Insurance Administration program, or one hundred percent (100%) of the insurable value of the Condominium.
DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION Section 10.3. Premiums Common Expense. Premiums on insurance policies and fidelity bonds purchased by the Board shall be paid as a Common Expense .
Section 10.4. Board as Trustee of Insurance Proceeds. All such policies shall provide that adjustment of loss shall be made by the Board, as trustee for the Owners and Mortgagees, as their interests may appear. The duty of the Board members and their successors from time to time who shall receive proceeds of any insurance policies shall be to receive such proceeds as are paid and to hold the same in trust in an FDIC insured bank account in the name of the Association for the purposes elsewhere stated herein and for the benefit of the Association, Owners and their Mortgagees, in the following shares , but which
IC insured bank account in the name of the Association for the purposes elsewhere stated herein and for the benefit of the Association, Owners and their Mortgagees, in the following shares , but which shares need not be set forth on the records of the trustees: A. Common Elements. Proceeds on account of damage to Common Elements shall be an undivided share for each Owner, such share being the same as the Allocated Interest appurtenant to the Unit.
B. Units. Proceeds on account of damage to Units or Limited Common Elements specifically assigned to a Unit shall be held in the following undivided shares: 1. When damaged Units or Limited Common Elements are to be restored, the proceeds shall be held in an undivided share for the Owner of each damaged Unit in proportion to the total cost of repairing the damage suffered by such Owner, which cost shall be determined by the Board.
2. When the Building is not to be restored and the Condominium is terminated, the proceeds shall be held in an undivided share for each Owner, such share of the total net proceeds being the same as the Allocated Interest appurtenant to the Unit.
C. Mortgages. In the event a Mortgagee endorsement has been issued with respect to a Unit, the share of the Owner shall be held in trust for the Mortgagee and the Owner as their interests may appear; provided, however, no Mortgagee shall have any right to determine or participate in the determination as to whether or not any damaged Condominium shall be reconstructed or repaired.
D. Deductibles. If the cost to repair damage to a Unit or Common Element covered by the Association's insurance is less than the amount of the applicable insurance deductible, the party who would be responsible for the repair in absence of insurance shall pay the cost
ment covered by the Association's insurance is less than the amount of the applicable insurance deductible, the party who would be responsible for the repair in absence of insurance shall pay the cost for the repair of the Unit or Common Element. If the Association's insurance provides coverage for the loss and the cost to repair the damage to a Unit or Common Element is more than the amount of the applicable insurance deductible, the Board by recorded resolution shall determine the payment of those costs. If damage to a Unit or Common Element is due wholly or partly to an act or omission of an Owner or a guest or invitee of the Owner , the Association may assess the deductible expense and any other expense in excess of insurance proceeds against the Owner and the Owner's Unit.
Section 10.5. Distribution of Insurance Proceeds. Proceeds of insurance policies received by the trustee shall be distributed to or for the benefit of the Owners or their respective Mortgagees or both in the following manner: A. Expenses of Trustees. All expenses of the trustees shall be first paid or provision made therefor, but in no event shall this provision take priority over payments to First Mortgagees.
DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION B. Reconstruction or Repair. If the damage for which the proceeds are paid is to be repaired or reconstructed, the remaining proceeds shall be paid to the contractors making such repairs or reconstruction to defray the cost thereof as elsewhere provided. Any proceeds remaining after defraying such cost shall be distributed to the Owners, remittances to Owners and their Mortgagees being payable jointly to them. This is a covenant for the benefit of any Mortgagee of a Unit and may be enforced by such Mortgagee.
istributed to the Owners, remittances to Owners and their Mortgagees being payable jointly to them. This is a covenant for the benefit of any Mortgagee of a Unit and may be enforced by such Mortgagee.
C. Failure to Reconstruct or Repair. If it is determined, in the manner elsewhere provided, that the damage for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be distributed to the Owners, remittances to Owners and their Mortgagees being payable jointly to them. This is a covenant for the benefit of any Mortgagee of a Unit and may be enforced by such Mortgagee.
D. Certification of Owners, Mortgagees and Shares. In making distribution to Owners and their Mortgagees, the trustees may rely upon a title search reflecting the ownership of the Unit and Mortgagees holding liens against the Unit and upon a certificate of the Secretary of the Association as to the names of the Owners' Mortgagees and their respective shares of the distribution unless notified to the contrary by a Mortgagee who provides a copy of its Mortgage and evidence of the priority of its lien status.
Section 10.6. Board as Agent. The Board is hereby irrevocably appointed agent and attorney-in-fact for each Owner and for each owner and holder of a Mortgage or other lien upon a Unit to adjust all claims and negotiate losses covered by insurance policies purchased by the Board and to execute and deliver releases upon the payment of claims.
Section 10.7. Owner's Insurance. Each Owner shall obtain insurance coverage at the Owner's own expense upon his/her own Unit (including interior surface coverings such as paneling, wallpaper, paint, wall and floor tile and flooring installed at an Owner's expense,
ce coverage at the Owner's own expense upon his/her own Unit (including interior surface coverings such as paneling, wallpaper, paint, wall and floor tile and flooring installed at an Owner's expense, Fixtures as defined herein or any other improvements made by an Owner to a Unit), the Owner's personal property and for the Owner's personal liability. Such insurance shall be Texas Homeowners Condominium Policy-Form B or such other policy prescribed by the Texas Department of Insurance and providing similar coverage. Each Owner shall provide proof of such coverage to the Association upon acquisition of the Unit and annually thereafter on the renewal date of the policy. The Association shall not be responsible for procurement or maintenance of any insurance covering the contents of the interior of any Unit or covering the liability of any Owner for occurrences not caused or connected with the Association's operation, maintenance, or use of the Condominium.
Any insurance carried by an Owner which separately insures the Unit against any loss or damage which is also covered by insurance carried by the Association shall be in such form as to not cause any diminution in the insurance proceeds payable to the Board under policies carried by the Association; and if any such diminution is caused or results from the nature or type of any policy carried by an Owner then such diminution shall be chargeable to the Owner who acquired such other insurance, who shall be liable to the Association to the extent of any such diminution. All personal liability insurance carried by an Owner shall contain waiver of subrogation rights by the insurance carrier as to negligent Owners.
10.8. Condemnation. In the event of a taking or condemnation by competent authority
ance carried by an Owner shall contain waiver of subrogation rights by the insurance carrier as to negligent Owners.
10.8. Condemnation. In the event of a taking or condemnation by competent authority of any part of the Condominium, the Association shall, if necessary, restore the improvements on the remaining portion of the Condominium to conform as closely as possible to the general design, structure and materials used with respect to the improvements as they existed prior to the taking or condemnation. In the event that part or all of one or more Units is taken or condemned, then the portions so taken or condemned shall be deemed to have DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION been removed from the provisions of the Act and the percentage of ownership interest in the Common Elements allocated to such Unit or a portion thereof (as determined by the Board on the basis of diminution in market value of the Unit) shall be reallocated among the remaining Units on the basis of the relative percentage of ownership, interests in the Common Elements of the remaining Units. In such cases, this Declaration and the Plat shall be amended accordingly by an instrument executed by the President and the Secretary of the Association, which the Board shall record in the Official Public Records of Real Property Records of Dallas County, Texas. The allocation of any condemnation award, or other proceeds to any withdrawing or remaining Owner shall be on an equitable basis, which need not be a Unit's percentage of interest in the Common Elements. Any such proceeds available from the withdrawal of Limited Common Elements. shall be distributed in accordance with the interests of those entitled to their use, as determined by the Board. Upon the withdrawal of
ceeds available from the withdrawal of Limited Common Elements. shall be distributed in accordance with the interests of those entitled to their use, as determined by the Board. Upon the withdrawal of any Unit or portion thereof, the responsibility for the payment of assessments on such Unit or portion thereof so withdrawn shall cease or shall be equitably reduced.
Section 10.9. Destruction of Personality. Each Owner and the Association hereby waive and release any and all claims which he or she or it may have against any other Owner, the Association, members of the Board, Declarant and their respective agents, for damage to the Common Elements, the Units, or to any personal property located in the Units or Common Elements, caused by fire or other casualty or any act or omission to the extent that such damage is covered by fire or other form of hazard insurance.
ARTICLE XI - RECONSTRUCTION AND REPAIR AFTER CASUALTY Section 11.1. Duty to Repair. Subject to Section 82.111 of the Act, any portion of the Condominium for which insurance is required by this Declaration or the Act shall be promptly repaired or replaced by the Association unless: (i) the Condominium is terminated; (ii) repair or replacement would be illegal under any state or local health or safety statute or ordinance; or (iii) at least eighty percent (80%) of the Owners, including each Owner of a Unit or assigned Limited Common Element that will not be rebuilt or repaired, vote to not rebuild.
The vote on whether to terminate the Condominium or repair damaged portions shall be pursuant to the procedures set forth in this Article XI.
Section 11.2. Determination of Necessity of Reconstruction or Repair. If any part of the Building shall be damaged by fire or other casualty, whether or not to reconstruct or
forth in this Article XI.
Section 11.2. Determination of Necessity of Reconstruction or Repair. If any part of the Building shall be damaged by fire or other casualty, whether or not to reconstruct or repair the Building shall be determined in the following manner: A. Determination of Extent of Damage. The Board shall, as soon as relevant information is available after a fire or other casualty, including, without limitation, professional reports on the extent of the damage and information relating to insurance coverage, determine whether such loss comprises the whole or more than two-thirds (2/3) of the Building. Unless otherwise provided by law applicable to the Condominium, such determination shall be made by calculating whether the cost of necessary repair or reconstruction would exceed twothirds (2/3) of the cost of reconstructing the Building as they existed prior to such fire or other casualty.
B. Repair After Damage to Less Than 2/3 of Building. In the event the Board determines such loss does not comprise more than two-thirds (2/3) of the Building, the Building shall be repaired and reconstructed substantially in accordance with the original plans and specifications for the Building and in accordance with the provisions hereof.
DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION C. Repair After Damage to More Than 2/3 of Building. In the event such loss does comprise the whole or more than two-thirds (2/3) of the Building, a vote shall be held on whether to terminate the condominium regime. A vote may be cast electronically or by written ballot if a meeting is not held for that purpose or in person or by proxy at a meeting called for that purpose.
If at least eighty percent (80%) of the Owners vote to
cast electronically or by written ballot if a meeting is not held for that purpose or in person or by proxy at a meeting called for that purpose.
If at least eighty percent (80%) of the Owners vote to terminate, all insurance proceeds shall be paid by the trustees, in accordance with Article X, and the Condominium shall be terminated in accordance with Article XII. If, in the foregoing vote, fewer than eighty percent (80%) of the Owners vote to terminate, then be repaired the Building shall and reconstructed substantially in accordance with the original plans and specifications for the Building and in accordance with the provisions hereof.
D. Certification of Determination of Necessity of Reconstruction. The insurance trustees may rely upon a certificate of the Board made by the President and Secretary to determine whether or not the damaged Condominium is to be reconstructed or repaired.
Section 11.3. Plans and Specifications for Reconstruction. All reconstruction and repair must be substantially in accordance with the plans and specifications for the original Building and facilities constituting the Condominium, or, if the same are not available, then according to plans and specifications approved by the Board.
Section 11.4. Board to Obtain Estimates. Immediately after a determination to rebuild or repair damage to Condominium for which the Association has the responsibility of repair and reconstruction, the Board shall obtain reliable and detailed estimates of the cost to rebuild or repair.
Section 11.5. Assessment for Construction in Case of Insufficient Insurance Proceeds. To the extent permitted by the Act, if the proceeds of insurance are not sufficient to defray the estimated cost of reconstruction and repair by the Association, or if
Insufficient Insurance Proceeds. To the extent permitted by the Act, if the proceeds of insurance are not sufficient to defray the estimated cost of reconstruction and repair by the Association, or if at any time during reconstruction and repair, or upon completion of reconstruction and repair, the funds for the payment of the cost thereof are insufficient, assessments shall be made against the Owners who own the damaged Units and against all Owners in the case of damage to Common Elements, in sufficient amounts to provide funds for the payment of such costs. Such assessments against Owners for damage to Units shall be in proportion to the total costs of reconstruction and repair of their respective Units. Such assessments on account of damage to Common Elements shall be in accordance with the Allocated Interest appurtenant to each Owner's Unit. All assessments made pursuant hereto may be enforced in accordance with any other provision hereof relating to regular assessments.
Section 11.6. Distribution of Remaining Funds After Reconstruction. If there is a balance of funds, including insurance proceeds and assessments, if any, after payment of all costs of reconstruction and repairs for which funds were collected, such balance shall be distributed to the Owners thereof in the manner elsewhere stated; except, however, that part of the distribution to an Owner which is not in excess of assessments paid by such Owner for repair and reconstruction shall not be made payable to any Mortgagee.
ARTICLE XII - TERMINATION AFTER CASUALTY Section 12.1. Condominium Not Reconstructed; Distribution of Insurance Proceeds; Sale of Condominium and Termination of Declaration. If Owners holding at least eighty
XII - TERMINATION AFTER CASUALTY Section 12.1. Condominium Not Reconstructed; Distribution of Insurance Proceeds; Sale of Condominium and Termination of Declaration. If Owners holding at least eighty percent (80%) of the votes in the Association vote to terminate the condominium regime as DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION provided in Article XI, then the insurance proceeds shall be delivered to the Owners and their Mortgagees, as their interests may appear, in accordance with the DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION Allocated Interest appurtenant to each Unit. Thereafter, the Board, as soon as reasonably possible and as agent for the Owners, shall sell the entire Condominium, in its then condition, on terms satisfactory to the Board, free from the effect of this Declaration, which shall terminate upon such sale, and the net proceeds of such sale, after the payment of all remaining debts and expenses of the Association, shall thereupon be distributed to the Owners or their Mortgagees, as their interests may appear, in accordance with the Allocated Interest appurtenant to each Unit.
Section 12.2. Partition in the Event of Board's Failure to Sell. If the Owners should not rebuild and the Board fails to consummate a sale pursuant to Section 12.1 above within twenty-four (24) months after the destruction or damage occurs, then the Board shall, or if they do not, any Owner or Mortgagee may, with the approval of all remaining Mortgagees, record a sworn statement in the Condominium Records describing the Condominium and setting forth such decision not to rebuild and reciting that under the provisions of this Declaration the condominium form of ownership had terminated and the prohibition against judicial partition
nd setting forth such decision not to rebuild and reciting that under the provisions of this Declaration the condominium form of ownership had terminated and the prohibition against judicial partition contained in the Act and in this Declaration has terminated, and that judicial partition of the Condominium may be obtained pursuant to the laws of the State of Texas. Upon final judgment of a court of competent jurisdiction decreeing such partition, this Declaration shall be null and void and of no further force and effect. The provisions of this Section 12.2. can be amended only by the unanimous written consent of the Owners.
ARTICLE XIII - REMEDIES Section 13.1. Damage to Other Units and Common Elements. If the act or omission of an Owner, or of a member of his or her family, a household pet, guest, occupant or visitor of such Owner, shall cause damage to the Common Elements or to a Unit or Units owned by others, or maintenance, repairs or replacements shall be required which would otherwise be at the Common Expense, then such Owner shall pay for such damage and such maintenance, repairs and replacements, as may be determined by the Association.
Section 13.2. No Waivers. No terms, obligations, covenants, conditions, restrictions or provisions imposed hereby or contained herein shall be abrogated or waived by any failure to enforce the same, no matter how many violations or breaches may occur.
Section 13.3. Violation of Condominium Instruments. The violation of any provision in this Declaration, the Bylaws or the Rules and Regulations adopted by the Board shall, in addition to any other rights provided for in this Declaration or the Bylaws, give the Association the right: (a)
his Declaration, the Bylaws or the Rules and Regulations adopted by the Board shall, in addition to any other rights provided for in this Declaration or the Bylaws, give the Association the right: (a) to enter upon the Unit, or any portion of the Condominium upon which, or as to which, such violation or breach exists and at the expense of the defaulting Owner summarily abate and/or remove, as applicable, any structure, thing or condition that constitutes a violation and neither the Association nor the officers or agents thereof shall thereby be deemed guilty of trespass; or (b) to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any breach; or (c) assess reasonable fines therefor.
Except in cases of emergency where damage to persons or property is threatened, the Association shall not take any such action unless it has (a) first given notice to the Owner, (b) the Association shall have determined such allegations to be true and (c) the Owner shall not have desisted from such violation or breach or shall not have taken such steps necessary to correct such violation or breach within such reasonable period of time after notice as determined by the Association and communicated to the Owner. Any and all costs and expenses incurred by the Association in the exercise of its authority as granted in this DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION Article XIII, including but not limited to court costs, reasonable attorneys' fees, and cost of labor and materials shall be paid by the Owner in violation, and, until paid by such Owner, shall constitute a lien on the Owner's Unit, which lien may be foreclosed in the manner provided in
cost of labor and materials shall be paid by the Owner in violation, and, until paid by such Owner, shall constitute a lien on the Owner's Unit, which lien may be foreclosed in the manner provided in this Declaration. Any such lien shall be junior and subordinate to the lien of any then existing First Mortgage.
Section 13.4. Right of Action. All Owners hereby acknowledge and agree that a Owner shall not be entitled to institute any legal action against Declarant which is based on any alleged defect in the Common Elements, or any damage allegedly sustained by any Owner by reason thereof, but rather, that all such actions shall be instituted by the Association. Upon the expiration of the Declarant Control Period, the Board of Directors may negotiate the resolution of any alleged defect(s) in the Common Elements on behalf of the Owners and shall have the right and authority to settle, or compromise litigation or administrative proceedings on its own name, and release on behalf of itself and any and all of the Owners claims, causes of action, damages and suits involving the same. Any such settlement and release shall bind all Owners and their successors and assigns.
ARTICLE XIV - FIRST MORTGAGEES Section 14.1. Rights of First Mortgagees. Any deed of trust or Mortgage owned or held by a First Mortgagee shall be superior to the Association's lien securing the payment of assessments. A First Mortgagee shall, upon written request, be entitled to timely written notice of or have the right to: A. Receive, without charge, notice of any proposed amendment of the Condominium Instruments effecting a change in (i) the boundaries of any Unit or the exclusive easement rights appertaining thereto, (ii) the interests in the Common Elements or Limited Common Elements
Condominium Instruments effecting a change in (i) the boundaries of any Unit or the exclusive easement rights appertaining thereto, (ii) the interests in the Common Elements or Limited Common Elements appertaining to any Unit or the liability for Common Expenses, (iii) the number of votes in the Association appertaining to any Unit or (iv) the purposes to which any Unit or Common Elements are restricted; B. Examine, without charge, current copies of this Declaration, the Bylaws, Rules and Regulations and the books and records of the Association during normal business hours; C. Receive, without charge and within a reasonable time after such request, any annual audited or unaudited financial statements which are prepared and distributed by the Association to the Owners; in the event an audited financial statement is not available, fifty-one percent (51%) or more of the First Mortgagees shall be entitled to have such an audited statement prepared at their expense; D. Receive written notices of all meetings of the Association and to designate a representative to attend all such meetings; E. Receive written notice of any decision by the Owners to make a material amendment to the Declaration, Bylaws or Certificate of Formation of the Association; F. Receive written notice of any action which would require the consent of a specified percentage of First Mortgagees; G. Receive notice of any proposed termination of the condominium regime.
DECLARATION OF PARK NINETY-TWO OWNERS ASSOCIATION H. Receive notice of any condemnation loss or any casualty loss which affects a portion of the Common Elements and exceeds $10,000.00, or which affects a Unit in which the First Mortgagee has an interest and exceeds $1,000.00;
ondemnation loss or any casualty loss which affects a portion of the Common Elements and exceeds $10,000.00, or which affects a Unit in which the First Mortgagee has an interest and exceeds $1,000.00; 1. Receive notice of any delinquency in the payment of assessments or charges owed by an Owner subject to the Mortgage of the requesting First Mortgagee, insurer or guarantor, where such delinquency has continued for a period of sixty (60) days; and J. Receive notice of any lapse, cancellation or material modification of any insurance policy maintained by the Association.
No provision of this Declaration or the Certificate of Formation of the Association shall be deemed to give an Owner or any other party priority over the rights of the First Mortgagees in the case of distribution of insurance proceeds or condemnation awards.
Section 14.2. Actions Requiring Consent of at Least 51% of First Mortgagees. Unless the First Mortgagees representing at least fifty-one percent (51%) of the votes in the Association have given their prior written approval, neither the Association nor the Owners shall be entitled to do or permit to be done any of the following: A. By act or omission seek to abandon or terminate the Condominium, except as otherwise provided in this Declaration; B. Change the pro rata interest or obligations of any Owner for purposes of levying assessments or allocating distributions of hazard insurance proceeds or condemnation awards, and determining the pro rata share of ownership of each Owner in the Common Elements, except as set forth in this Declaration; or C. Use hazard insurance proceeds for losses to any Condominium (whether to Units or to Common Elements) for other than the repair, replacement, or construction of
as set forth in this Declaration; or C. Use hazard insurance proceeds for losses to any Condominium (whether to Units or to Common Elements) for other than the repair, replacement, or construction of such improvements, except as provided in this Declaration.
D. Adoption of an amendment to this Declaration which (i) changes any provision of this Declaration which specifically grants rights to First Mortgagees, (ii) materially changes insurance and fidelity bond requirements, (iii) imposes a right of first refusal or similar restriction on the right of an Owner to sell, transfer or otherwise convey his or her Unit Ownership or changes the provisions concerning the leasing of Units, (iv) reduces reserves for maintenance, repair and replacement of Common Elements, (v) changes voting rights, (vi) increases assessments that raise the previously assessed amount by more than twenty-five percent (25%), (vii) changes responsibility for maintenance and repairs, or (viii) redefines any Unit boundaries; E. Abandonment, partition, subdivision, encumbrance, sale or transfer of the Common Elements (except for the granting of easements for public utilities or for other purposes consistent with the intended use of the Condominium and except for the encumbrance, sale or transfer of the percentage of ownership in the Common Elements in connection with the encumbrance, sale or transfer of a Unit Ownership); F. Sale of the Condominium; DECLARATION OF PARK NINETY-TWO OWNERS ASSOCATION G. Removal of a portion of the Condominium from the provisions of the Act and this Declaration; and In the event a First Mortgagee fails to respond to a request for consent within sixty (60) days after a written request for such consent is delivered to such First Mortgagee by
d this Declaration; and In the event a First Mortgagee fails to respond to a request for consent within sixty (60) days after a written request for such consent is delivered to such First Mortgagee by certified or registered mail, return receipt requested, such First Mortgagee shall be deemed to have consented to the action for which such consent was requested.
Section 14.3. Condemnation. If any Unit or portion thereof or the Common Elements or portion thereof is made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority, then the First Mortgagee, or insurer or guarantor thereof, of said Unit will be entitled to timely written notice, upon specific written request, of any such proceeding or proposed acquisition and no provisions of any document will entitle the owner of a Unit or such other party to priority over such First Mortgagee with respect to the distribution to such Unit of the proceeds of any award or settlement.
ARTICLE XV - AMENDMENTS Section 15.1. Consent of Declarant. No provision of this Declaration affecting the rights, privileges and duties of Declarant may be modified without the written consent of Declarant.
Section 15.2. Amendments by Declarant. During the Declarant Control Period, Declarant shall have the right from time to time to amend this Declaration. An amendment shall be effective upon recording. Provided that, the provisions of Article XIV of this Declaration shall not be amended, without the consent of any First Mortgagee affected thereby. And, provided further that, such right shall be exercised only (i) to cause this Declaration to comply with the Act, or (ii) to correct clerical or typographical errors in the
tgagee affected thereby. And, provided further that, such right shall be exercised only (i) to cause this Declaration to comply with the Act, or (ii) to correct clerical or typographical errors in the Declaration, and (iii) to correct any inadvertent misstatements, inconsistencies and ambiguities. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to the Declarant to make any change or modification as authorized hereunder on behalf of each Owner as attorney-in-fact for such Owner. Each deed, mortgage, deed of trust, other evidence of obligation or other instrument affecting a Unit and the acceptance thereof shall be deemed to be a grant and acknowledgment of, and a consent to the reservation of, the power of Declarant.
Section 15.3. Modification by Vote of Owners. Except as provided in Section 15.2., above, this Declaration may be modified only by the vote or written approval of Owners representing sixty- seven percent (67%) of the total votes in the Association. Such modification shall be effective only if the holders of all Mortgages of record have been notified by certified mail of such modification, and an affidavit by the Secretary of the Association certifying such mailing is made a part of such instrument.
Section 15.4. Compliance with the Act. Any modification of this Declaration shall be effective upon recording of such instrument in the Condominium Records of Dallas County, Texas; provided, however, that no provision in this Declaration may be modified so as to conflict with the provisions of the Act.
DECLARATION OF PARK NINETY-TWO OWNERS ASSOCATION ARTICLE XVI MISCELLANEOUS Section 16.1. Binding Effect. Each grantee of the Declarant, each purchaser of a Unit
flict with the provisions of the Act.
DECLARATION OF PARK NINETY-TWO OWNERS ASSOCATION ARTICLE XVI MISCELLANEOUS Section 16.1. Binding Effect. Each grantee of the Declarant, each purchaser of a Unit and each tenant under a lease accepts an interest in a Unit subject to all easements, restrictions, conditions, covenants, reservations, liens and charges, the Bylaws, Rules and Regulations of the Association, jurisdiction, rights and powers created or reserved by this Declaration, and the provisions of the Act, as at any time amended, and all easements, rights, benefits and privileges of every character hereby granted, created, reserved or declared, and all impositions and obligations hereby imposed shall be deemed to be covenants running with the Condominium, and shall bind any person having at any time any interest or estate in the Condominium, and shall inure to the benefit of each grantee, Owner, and tenant in like manner as though the provisions of this Declaration were recited and stipulated at length in each and every deed of conveyance.
Section 16.2. Notices. Notices required or permitted to be given shall be in writing and shall be given in the manner set forth in the Condominium Instruments.
Section 16.3. Severability. The invalidity of any provision in this Declaration shall not impair or affect in any manner the validity, enforceability or effect of the remainder of this Declaration, and all of the terms hereof are hereby declared to be severable.
Section 16.4. Construction. The provisions of this Declaration shall be liberally construed to effectuate its purposes and intent.
Section 16.5. Disclosures by Declarant. Each Owner acknowledges the following: A. He or she has received and read the Condominium Information Statement;
onstrued to effectuate its purposes and intent.
Section 16.5. Disclosures by Declarant. Each Owner acknowledges the following: A. He or she has received and read the Condominium Information Statement; B. The Condominium Association budget provided to each Owner is based on estimated expenses only and may increase or decrease significantly when the actual expenses of the Association become known; C. No representations are being made regarding which schools may now or in the future serve the Unit; D. Since in every neighborhood, there are conditions which different purchasers may find objectionable, each Owner acknowledges that there may be conditions outside of the Condominium which the Owner finds objectionable and that it shall be the sole responsibility of the Owner to become acquainted with neighborhood conditions which could affect the Unit; E. No representations are made that the Unit is or will be soundproof or that sound may not be transmitted from one Unit to another; F. The condominium floor plans and the dimensions and square footage calculations shown thereon are only approximations. Any Owner who is concerned about any representations regarding the floor plans should do his/her own investigation as to the dimensions, measurements and square footage of his/her Unit; and G. Declarant reserves the right to alter, change, and/or discontinue its prices on any units in the Condominium, to the maximum extent permitted by law.
DECLARATION OF PARK NINETY-TWO OWNERS ASSOCATION ALLEN THINGTON VICINITY MAP SITE Griggs Park CLARK HALLSVILLE GUILLOT DALL ROGERS 1º-500' N.
GENTRAL AMM A FOR WITH 45 PUBLIC RIGHT-OF-WAY HALLSVILLE STREET LOT 1E SO FOUND CLARKHALLS151, PAGE 23700 D.R.D.C.T.
LOT 1D PROPERTY DESCRIPTION
gs Park CLARK HALLSVILLE GUILLOT DALL ROGERS 1º-500' N.
GENTRAL AMM A FOR WITH 45 PUBLIC RIGHT-OF-WAY HALLSVILLE STREET LOT 1E SO FOUND CLARKHALLS151, PAGE 23700 D.R.D.C.T.
LOT 1D PROPERTY DESCRIPTION Being all of Lot 2, Block CG83 of Simpson & Clark's Addition, an addition to the City of Dallas, Dalies County, Texas, according to the plat thereof recorded in Volume 85, Page 428 of the Map Records of Dallas County, Texas.
No.
REVISIONS Revision/su CHANDED UNIT LABELING (PLAT-50.00) MEAS-N 44°36'40"W 50.00 LOT 1A FOUND T OFF ON CLARK STREET CALLED 50 RIGHT-OF-WAY S443640" E 50.00 UNIT 106 N45°26'30" E 16200 -25 BRICK STUCCO THREE STORY UNIT 106 & METAL 71.9 16.5 UNIT 103 LOT TEM 25.4 UNIT 102 10.
UNIT 101 1 LESTONE L 3706 STAWELL (PLAT 108.38) MEAS-S 44°36'40" E 108.38 Date LEGEND HANDICAPPED SPACE OPWING SPACE O FORD FOUND RON ROD BET "TH ORO PREPOUND ☐ NONER OUND/BT SANITARY SOMER WHOLE COVER LIGHTPOLE POWER FOLA DOLLA NO AIR CONDITIONING FREE HYDRAWY n ABING METER GAD METER the NSPHALT PAHO ☐ CHAIN LINK FONCE WOOD PENG MRPENCE MON FONCE PIPS FINCE COVERED PORCH DECK ON CVPOR CONCRETE PAVING OPAVELROCK ROAD OR DRIVE OVERBOAD ELECTRIC SERVICE OVERHEAD POWER LINE BATARY SOVER LINE GENERAL NOTES 1) According to the FIRM. No. 481130045 subject property lee in Zone X and does not is within a Food Prane Heart Ar 2 Bearings based on the reconded plat of impeon & Clark's Addition, corded in Volume 2, page 421, Map Recorde, Delas County, Tax, song the Southwest right-of-way the of Clerk Street (South 443 3) The survey plat has bean prepered without benet of abstract de Texas Hartage Surveying has not researched the land a reconde for the dance of esses, trictive covenants or other encumbrance Additonal maters may be disclosed in the course of
ut benet of abstract de Texas Hartage Surveying has not researched the land a reconde for the dance of esses, trictive covenants or other encumbrance Additonal maters may be disclosed in the course of thorough amination of the rec 19.7 BETH EN STAY FOR WICH 17 P LZ OFF [MEAS-N44°38'40 W 108.38 (PLAT-108.38) CONCRETE LOT 3A, BLOCK C/583 GABLES CLARK STREET ADDITION VOLUME 2003095, PAGE 33 D.R.D.C.T.
SURVEYOR'S CERTIFICATE The undersigned Registered Professional Land Surveyor hereby certifies to Modtown Realty, that, (a) this survey and the property description set forth hereon were prepared from an actual on-the-ground survey; (b) such survey was conducted by the Surveyor, or under his direction; (c) all monuments shown heroon actually existed on the date of the survey, and the location, size and type of material thereof are correctly shown; Use of this survey by any other parties and/or for other purposes shall be at User's own risk and any loss resulting from other use shall not be the responsibility of the undersigned. The plat hereon is a correct and accurate representation of the property lines and dimensions are as indicated; location and type of buildings are as shown; and EXCEPT AS SHOWN, all improvements are located within the boundaries the distances indicated and there are no visible and apparent encroachments or protrusions on the ground.
TEXAS HERITAGE SURVEYING LLC 10610 Metric Drive, Suite 124, Dallas, TX 75243 Office 24-340-9700 Fax 214-340-9710 txheritage.com Firm No. 10169300 CONDOMINIUM AS-BUILT SURVEY 2127 CLARK STREET LOT 2, BLOCK C/583 SIMPSON & CLARK'S ADDITION DALLAS, DALLAS COUNTY, TEXAS CLYDE LANE N44°36'402 27 ALLEY (ASPHALT PAVING) ( VOL. 81, PG 425, DRDCT ) 9807 50.00 LOT BA, BLOCK C/583 D.R.D.C.T.
INSTRUMENT NO.
201600150480 NOTRE
N & CLARK'S ADDITION DALLAS, DALLAS COUNTY, TEXAS CLYDE LANE N44°36'402 27 ALLEY (ASPHALT PAVING) ( VOL. 81, PG 425, DRDCT ) 9807 50.00 LOT BA, BLOCK C/583 D.R.D.C.T.
INSTRUMENT NO.
201600150480 NOTRE DAME OF DALLAS ADDITION 30 20 10 ° 10 20 30 40 SCALE 1"-20 ACCEPTED BY PAIA DOMINGUEZ Raul D. Reyes Raul D. Reyes Registered Professional Land Surveyor No. 5390 State of Texas ACCEPTED BY DATE: 1700391-1 EDDIE 02/07/2017 1"-20" EXECUTED on this 14 day of Feb Condominium Records of Dallas County, Texas.
blad MF 2017 NF 2016, to be effective upon recording in the TOO оназ DECLARANT: 2127 Clark Street Partners, LLC a Texas limited liability company By: Juck Moss Print Name: Jacob Moss НАЗІЯТОВЈЕ avonal ЯСІЯЭТХЭ noeliW STATE OF TEXAS COUNTY OF DALLAS § 88888888 STA TEXAS BRIDGETTE NICOLE FAIRCLOTH, Notary Public, State of Texn Comm. Expires 01-06-2020 Notary ID 130489283 This instrument was acknowledged before me on the 2016, by Jacob Moss.
wo day of Feb of Park Ninety-Two Owners Association, LLC, МАЗЯН a Texas limited liability company, on behalf of said limited liability company.
Tere-000-S F08Declaration Park Ninety-Two Owners Association Notary Public in and for State of Texas ДИМАЯЗ IM 22A 10 bos 16 Filed and Recorded Official Public Records John F. Warren, County Clerk Dallas County, TEXAS 02/16/2017 11:51:36 AM $182.00 COUNTY DE BALLAS STATE OF TEXAS 201700047668