Document No: 3499724 Recorded On: November 14, 2023 03:14 PM Doc-3499724 Hidalgo County Arturo Guajardo Jr.
County Clerk Edinburg, Texas 78540 Billable Pages: 32 Number of Pages: 33 RESTRICTIONS Total Recording: $ 160.00 File Information: Document No: Receipt No: Recorded On: Deputy Clerk: Station: Qnelllittay, s SS = oo * Ty : % Irn wwe Ld hy, OF IGA “Any > = ; % _ e e - ° ¥ - . = =.53 $ . : 2 As é s % 2 4, sToonty Cou,’ %, > fw % 4, "Ny "4 Any provision herein which restricts the Sale, Rental, or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
3499724 20231114000320 Record and Return To: Corporation Service Company 919 North 1000 West November 14, 2023 03:14 PM Maria Perez CH-1-CC-KO1L STATE OF TEXAS COUNTY OF HIDALGO | hereby certify that this Instrument was FILED in the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Hidalgo County, Texas.
County Clerk Arturo Guajardo Jr.
Logan UT 84321 flax bap Hidalgo County, Texas ) ') Doc-3499724 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PLANTATION HEIGHTS SUBDIVISION THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF HIDALGO § WHEREAS, DM & DG Development, LLC, hereinafter called “Declarant”, is the Owner in fee simple of certain real property located in Hidalgo County, Texas, to wit: All of Lots 1 through 105 and Detention Pond, inclusive, of Plantation Heights Subdivision, an addition to the City of San Juan, Hidalgo County, Texas, according to the Map thereof recorded in Clerk’s File No. 3482306 _ of the Real Property Records of Hidalgo County, Texas (the “Subdivision” or “Property”).
he City of San Juan, Hidalgo County, Texas, according to the Map thereof recorded in Clerk’s File No. 3482306 _ of the Real Property Records of Hidalgo County, Texas (the “Subdivision” or “Property”).
WHEREAS, Declarant desires to subject all of the above-described property to the protective covenants, conditions, restrictions, liens and charges as hereinafter set forth, pursuant to an established general plan for the improvement and development of said property; NOW, THEREFORE, it is hereby declared that all of the Property described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and shall! be binding on all parties having any right, title or interest in or to the above described property or any part thereof, and their heirs, successors, and assigns, and which easements, restrictions, covenants and conditions shall inure to the benefit of each Owner thereof.
ARTICLE I DEFINITIONS Section 1. “Association” shall mean and refer to a non-profit corporation, its successors and assigns or replacements, which has been formed by the Declarant for the purpose of enforcing the covenants, restrictions and agreements set forth herein, and shall be more specifically identified in the Management Certificate prescribed by Texas Property Code Section 209.004.
Section 2. “Board of Directors” shall mean and refer to the Board of Directors of the Association which will be established and which shall conduct regular and special meetings according to the provisions of the Bylaws of the Association.
Section 3. “Bylaws” shall mean and refer to the Bylaws of the Association, as
blished and which shall conduct regular and special meetings according to the provisions of the Bylaws of the Association.
Section 3. “Bylaws” shall mean and refer to the Bylaws of the Association, as amended from time to time. A copy of the initial Bylaws is attached hereto as Exhibit “A”.
Declaration of Plantation Heights Subdivision Page | of 22 ) Doc-3499724 Section 4. “Committee” shall mean the Architectural Control Committee as the same is set out in Article VIII hereinafter.
Section 5. “Common Areas” shall mean and refer to all real property located within the boundaries of the Subdivision which are not dedicated to the City of San Juan for public use and which are not otherwise located within or on a part of any lot, as set forth on the plat or map of the Subdivision as recorded in the Map Records of Hidalgo County, Texas, together with any improvements located thereon, including, but not limited to, any perimeter fence constructed by the Declarant, brick pavers, streets, alleys, gates and all landscaping and area lights provided by the Declarant for the benefit of the Subdivision.
Common Lot labeled “Pond” is identified on the Subdivision Map as a “Detention Pond” and shall be considered part of the Common Areas and shall hereafter be owned and maintained by the Association to be used exclusively for drainage water detention.
Section 6. “Declarant” shall mean and refer to DM & DG Development, LLC, its successors and assigns, in its capacity as the developer of the Subdivision.
Section 7. “Lot” shall mean any of the one hundred five (105) plots of land shown on the recorded Subdivision map referred to above with the exception of the Common Areas. No “half” or “partial” lots will be sold.
Section 8. “Maintenance” shal] mean the exercise of reasonable care to keep
recorded Subdivision map referred to above with the exception of the Common Areas. No “half” or “partial” lots will be sold.
Section 8. “Maintenance” shal] mean the exercise of reasonable care to keep buildings, streets, alleys, curbs, gates, fences, sprinklers, fountains, signs, landscaping, lighting and other related improvements and fixtures, whether enumerated or not, in the Common Areas in a condition comparable to their original condition, normal wear and tear excepted. Maintenance of landscaping shall further mean the exercise of generally accepted garden management practices necessary to promote a healthy, weed-free environment for optimum plant growth.
Section 9. “Member” shall mean every person or entity who holds membership in the Association as set out in Article II.
Section 10. “Member in Good Standing” shall mean and refer to each member of the Association who (i) is not in default in payment of any assessments levied by the Association in accordance with the terms of the Declaration; (ii) nor in receipt of a notice of default from Declarant or the Association pertaining to any default under the Declaration or any rule or regulation promulgated by the Association, which default remains uncured in the opinion of the Declarant; (iii) nor named as a party in any pending legal action, suit or proceeding involving an alleged violation of the Declaration brought by the Declarant, the Association, or any other party with standing to enforce any provision of the Declaration.
Section 11. “Mortgage” shall mean a conventional mortgage or a deed of trust.
Section 12. “Qwner” shall mean the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the property, and shall include
rtgage or a deed of trust.
Section 12. “Qwner” shall mean the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the property, and shall include Declaration of Plantation Heights Subdivision Page 2 of 22 ) Doc-3499724 contract sellers, but shall not include holding title merely as security for performance of an obligation.
Section 13. “Subdivision” shall mean the subdivided real property hereinbefore described and such additions thereto as may be brought within the jurisdiction of the Association as hereinafter provided.
ARTICLE II ASSOCIATION MEMBERSHIP, VOTING RIGHTS AND POWERS Section 1. “Membership” Every Owner of a Lot shall be a member of the Association. One or more Owners of a Lot shall be able to vote only one vote per Lot.
Membership shall be appurtenant to and may not be separated from ownership of a Lot.
Section 2. “Voting Rights” The Association shall have two (2) class of voting members as follows: Class A. Class A members shall be all Owners with the exception of Declarant, and shall be entitled to one vote for each Lot owned. When more that one person holds an interest in a given Lot, all such persons shall be members and the vote for such Lot shall be exercised as they shall unanimously determine among themselves. In no event shall more than one vote be cast with respect to any Lot owned by Class A members.
Class B. Class B member shall be Declarant, who shall be entitled to exercise 10 votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership when the total votes outstanding in the Class A membership are equal to or greater than the total votes outstanding in the Class B membership, or on December 31, 2025, whichever comes first.
embership when the total votes outstanding in the Class A membership are equal to or greater than the total votes outstanding in the Class B membership, or on December 31, 2025, whichever comes first.
Section 3. “Powers” Association shall have all of the powers of a non-profit corporation organized under the laws of the State of Texas, subject to only to such limitations upon the exercise of such powers as are expressly set forth in the Articles of Incorporation, the Bylaws, or this Declaration. It shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under this Declaration, the Articles of Incorporation and the Bylaws, and to do and perform any and all acts which may be necessary or proper for or incidental to the exercise of any of the express powers of the Association, including without limitation of the following powers: to own real and personal property, to open bank accounts, to enforce this Declaration as herein provided, to obtain a policy or policies of insurance insuring the Association and its members, to make physical improvements to the Common Areas as the Association shall deem to be in the best interest of the Subdivision and the Owners, to contract for legal, accounting and other professional services, to contract for security, paving, landscaping and/or any other services, to borrow funds, to employ employees directly or through an operator, to bring an action(s) for injunctive relief and/or damages against any Owner for failure to comply with any Article and/or Section herein, and to otherwise do that which it believes necessary to protect or defend the Common Areas and Declaration of Plantation Heights Subdivision Page 3 of 22 ) Doc-3499724
y Article and/or Section herein, and to otherwise do that which it believes necessary to protect or defend the Common Areas and Declaration of Plantation Heights Subdivision Page 3 of 22 ) Doc-3499724 facilities located therein, the Association and/or any of its properties from loss or damage, by suit other otherwise.
Section 4. “Board of Directors” The affairs of the Association shall be managed by a Board of Directors which will be established and which shall conduct regular and special meetings according to the provisions of the Bylaws of the Association. The number of directors and the initial members of the Board of Directors shall be as set forth in the Articles of Incorporation of the Association.
ARTICLE III ASSESSMENTS Section 1. “Lien and Personal Obligation of Assessments” Declarant hereby covenants for each Lot within the Subdivision, and each Owner of a Lot is hereby deemed to covenant by acceptance of his deed for such Lot, whether or not it shall be so expressed in his deed, to pay to the Association (1) annual assessment and (2) special assessments for capital improvements and/or other necessary expenses. Such assessments will be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorneys’ fees, shall be a charge on the land and a continuing lien on each Lot against which such an assessment is made. Each such assessment, together with interest, cost and reasonable attorneys’ fees shall also be the personal obligation of the person or persons who own the Lot at the time the assessment fell due, but such personal obligation shall not pass to the successors in title of such person or persons unless expressly assumed by them. However, all future transferees of Lots shall
he assessment fell due, but such personal obligation shall not pass to the successors in title of such person or persons unless expressly assumed by them. However, all future transferees of Lots shall have the obligation, prior to purchase, to verify with the Association and/or Declarant that such assessments have been paid to date and that the property to be acquired is free and clear of all assessed indebtedness.
Section 2. “Purpose of Annual Assessments” The annual assessments levied by the Association shall be used exclusively to promote the health, safety, welfare, and recreation of the residents in the Subdivision, and for the improvements, security, preservation, operation and Maintenance of the Common Areas and/or of improvements situated within same or within the control of the Association. Annual assessments may include, and the Association shall acquire and pay for out of the funds derived from annual assessments, the following: (a) Maintenance and/or repair of the Common Areas to the extent not performed by a governmental authority or an Owner.
(b) Water, sewer, garbage, electrical, lighting, telephone, gas, and other necessary utility service for the Common Areas.
(c) Acquisition of furnishings and equipment for the Common Areas as may be determined by the Association.
(d) Maintenance and repair of all structures in the Common Areas, including, but not limited to, streets, gates, fences, sprinkler systems, street lighting and subdivision signs Declaration of Plantation Heights Subdivision Page 4 of 22 Doc-3499724 within the confines of the Subdivision and/or any Maintenance and repair required by the City of San Juan.
(e) Fire insurance, if obtainable, covering the full insurable replacement value of
c-3499724 within the confines of the Subdivision and/or any Maintenance and repair required by the City of San Juan.
(e) Fire insurance, if obtainable, covering the full insurable replacement value of the improvements in the Common Areas with extended coverage.
(f) Liability insurance insuring the Association against any and all liability to the public, to any Owner, or to the invitees or tenants of any Owner arising out of their occupation and/or use of the Common Areas. The policy limits shall be set by the Association, and shall be reviewed at least annually and increased or decreased in the reasonable discretion of the Association.
(g) Workmen’s compensation insurance to the extent necessary to comply with applicable law, and any other insurance deemed necessary by the Association.
(h) A standard fidelity bond covering all Officers of the Association, Members of the Board of Directors, and all other employees of the Association in an amount to be determined by the Association.
(i) Any other materials, supplies, furniture, labor, services, maintenance, repairs, structural alterations, insurance, taxes, or assessments which the Association is required to secure or pay pursuant to the terms of this declaration or by law, or which shall be necessary or proper in the opinion of the Association for the operation of the Common Areas, for the benefit of Lot Owners, or for the enforcement of these restrictions.
(j) In addition to the maintenance of the Common Areas, the Association may provide exterior maintenance on each Lot as follows. In the event an Owner of any Lot, its family, guests, invitees, agents or other persons using the Lot, shall fail to maintain the premises and the improvements situated thereon in a reasonably neat and orderly manner,
wner of any Lot, its family, guests, invitees, agents or other persons using the Lot, shall fail to maintain the premises and the improvements situated thereon in a reasonably neat and orderly manner, the Association, Declarant or the Committee shall have the right, through their agents and employees, to enter upon said Lot and repair, maintain and restore the Lot and exterior of the buildings and any other improvements erected thereon, all at the expense of Owner, and such expense of Maintenance or repair shall be added to and become part of the assessment to which said Lot is subject to.
(k) Maintenance and repair of all structures or improvements, formerly within the Common Areas, if any, and which may be situated in an area dedicated and/or transferred to the public use in the future, as set forth in Article IV, Section 1(b), for which the Association reserved the right to continue the operation and concurrently has the obligation to maintain and repair.
Section 3. “Fixing of and Maximum Annual Assessments” (a) Until January 1, 2024, the maximum annual assessment shall be Three Hundred Dollars ($300.00) per Lot per year, payable in annual installments due on January | of each year. Declarant shall monitor the expenses actually incurred within the first six (6) months after the execution of this Declaration and set an amount necessary to meet actual expenses, Declaration of Plantation Heights Subdivision Page 5 of 22 ) Doc-3499724 but not exceed the amount set out hereinbefore. The Association shall have the right to collect such assessments in advance on either an annual, monthly or quarterly basis (b) Commencing with January 1, 2024, and continuing thereafter, all assessments shall be fixed by the Association in advance and shall be due and payable on January 1* of
l, monthly or quarterly basis (b) Commencing with January 1, 2024, and continuing thereafter, all assessments shall be fixed by the Association in advance and shall be due and payable on January 1* of each calendar year, after giving due consideration to the anticipated cost of all Common Areas Maintenance obligations, and other costs of operations for the Association. The Association shall have the right to collect such assessments in advance on either an annual, monthly or quarterly basis. If at any time the Association determines that the assessments for that fiscal year are insufficient to discharge all assessments to be incurred or payable during that assessment year by the Association, the Association may increase the assessments to cover such costs (incurred or to be incurred), and such increase shall become effective at the beginning of the next annual or quarterly assessment period. If required, assessments shall be prorated for the period form the commencement thereof to the end of the then current calendar year of the Association.
(c) From and after January 1, 2024, the maximum annual assessment may be increased each year not more than twenty-five percent (25%) above the maximum annual assessment for the previous year unless approved by .a Majority Vote of the Board of Directors as defined in the Bylaws.
(d) The Association may fix the annual assessment at an amount not in excess of the maximum prescribed herein.
Section 4. “Special Assessments for Capital Improvements and_other Expenses” In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, repair,
e Association may levy in any assessment year, a special assessment applicable to that year only for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement (including, but not limited to, streets, gates, lighting, fencing, landscaping, subdivision signs and/or utilities) on the Common Areas, including fixtures and personal property related thereto and any other necessary expenses.
Any such assessment must be approved by a majority of the Board of Directors.
Section 5. “Notice and quorum for action authorized under Sections 3 and 4” The number of votes present at a meeting that will constitute a quorum shall be as set forth in the Bylaws of the Association, as amended from time to time. Notice requirements for any and all actions to be taken by the members of the Association shall be as set forth herein or in the Bylaws, as the same may be amended from time to time. The Majority Vote of the Members entitled to vote on a matter, as defined in the Bylaws, shall be the act of the Members, except as otherwise expressly provided in this Declaration. Any Member who is not a Member in Good Standing shall not be entitled to cast a vote on any matter coming before the Association.
Section 6. “Uniform Rate of Assessment” Both annual and special assessments must be fixed at a uniform rate for all Lots.
Declaration of Plantation Heights Subdivision Page 6 of 22 Doc-3499724 Section 7. “Commencement and Collection of Annual Assessment” The annual assessments provided herein shall commence as to all Lots upon recording of the Subdivision plat. The first assessment shall be adjusted according to the number of months remaining in the calendar year. The Association shall fix the amount of the annual
Lots upon recording of the Subdivision plat. The first assessment shall be adjusted according to the number of months remaining in the calendar year. The Association shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of the due date thereof and shall fix the dates such amounts become due. Assessments may be made payable monthly, quarterly or annually. Notice of the annual assessments shall be sent to every Owner subject thereto. The Association shall, on demand and for a reasonable charge, furnish a certificate signed by an officer of the Association or the Association management company, setting forth whether the assessment against a specific Lot has been paid, and may, on or before February 15, of each year, cause to be recorded in the office of the County Clerk of Hidalgo County, a list of delinquent assessments as of that date.
Declarant is hereby exempted from any and all annual and/or special assessments. No Lot owned by Declarant shall be assessed nor shall Declarant be liable for any assessment described herein.
Section 8. “Effect_of Non-payment of Assessments, Remedies of the Association” Any assessment not paid within thirty (30) days after the due date shall be deemed in default and shall bear interest at the maximum rate permitted by law from the due date until paid. The Association may bring an action at law against the Owner personally obligated to pay the same, or may foreclose the lien against the property. The lien may be foreclosed through judicial or, to the extent allowed by law, non-judicial foreclosure proceedings in accordance Tex. Prop. Code Ann. Section 51.002, as it may be amended from time to time (the “Foreclosure Statute”), in like manner of any deed of trust
by law, non-judicial foreclosure proceedings in accordance Tex. Prop. Code Ann. Section 51.002, as it may be amended from time to time (the “Foreclosure Statute”), in like manner of any deed of trust on real property. In connection with the lien created herein, each Owner grants the Association, whether expressed in the deed or other conveyance to the Owner, a power of sale to be exercised in accordance with the Foreclosure Statute. At any foreclosure proceeding, any person, including but not limited to the Association and any Owner, shall have the right to bid for the Lot at the foreclosure sale and to acquire and hold, lease, mortgage and covey the same. During the period in which a tract is owned by the Association following foreclosure, no assessment shall be levied on it. Suit to recover a money judgment for unpaid assessments and attorney’s fees shall be maintainable without foreclosing or waiving the lien securing the same.
No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or abandonment of his lot.
Section 9. “Subordination of Assessment Lien to Mortgage” The assessment lien provided for herein shall be subordinate to the lien of any first mortgage. A sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof shall extinguish the assessment lien as to payments that become due prior to such sale or transfer.
No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Where the beneficiary of a first lien deed of trust obtains title pursuant to judicial or non-judicial foreclosure, neither it nor its successors
ents thereafter becoming due or from the lien thereof. Where the beneficiary of a first lien deed of trust obtains title pursuant to judicial or non-judicial foreclosure, neither it nor its successors and assigns shall be liable for the Assessments chargeable to such Lot which became due Declaration of Plantation Heights Subdivision Page 7 of 22 Doc-3499724 prior to the acquisition of title to such Lot by such acquirer. Such unpaid share of Assessments shall be deemed to be common expenses collectible as a common expense from the remaining Members of the Association (including such acquirer, its successors and assigns).
ARTICLE IV.
PROPERTY RIGHTS Section 1. “Owner’s Easements of Enjoyment” Every Owner of a Lot shall have a right and easement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to such Lot, subject to the following rights of the Association.
(a) The right to suspend the voting rights of any Owner for periods during which assessments against his Lot remain unpaid, and the right, after hearing by the Association, to suspend such rights for a period not exceeding three hundred sixty-five (365) days for any infraction of the published rules and regulations of the Association.
(b) The right to dedicate or transfer all or any part of the Common Areas, including any improvements, to any municipality, public agency, authority, or utility for such purposes and subject to such conditions as may be agreed upon by the Members. No such dedication or transfer shall be effective unless an instrument executed by a Majority Vote of the Members, as defined in the Bylaws, agreeing to such dedication or transfer has been duly recorded.
Section 2. “Delegation of Use” Subject to such limitations as may be imposed by
Majority Vote of the Members, as defined in the Bylaws, agreeing to such dedication or transfer has been duly recorded.
Section 2. “Delegation of Use” Subject to such limitations as may be imposed by the Bylaws, each Owner may delegate his right of enjoyment in and to the Common Areas and facilities to the Members of his family, his guests, tenants, and invitees.
Section 3. “Easements of Encroachment” There shall exist reciprocal appurtenant easements as between adjacent Lots and between each Lot any portion or portions of the Common Areas adjacent thereto for any encroachment due to the unwillful placement, settling, or shifting of the improvements constructed, reconstructed, or altered thereon, provided such construction, reconstructed, or alteration is in accordance with the terms of this declaration. Such easement shall exist to a distance of not more than one (1) foot as measured from any point on the common boundary between adjacent Lots, and between each Lot and any adjacent portion of the Common Areas, along a line perpendicular to such boundary at such point. No easement for encroachment shall exist as to any encroachment occurring due to the willful conduct of an Owner.
Section 4. “Other Easements” (a) Easements for installation and Maintenance of utilities and drainage facilities are shown on the recorded Subdivision map. Within these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and Maintenance of utilities, or which may damage, interfere with, or change the direction of flow of drainage facilities in the easements. The easement Declaration of Plantation Heights Subdivision Page 8 of 22 Doc-3499724
ities, or which may damage, interfere with, or change the direction of flow of drainage facilities in the easements. The easement Declaration of Plantation Heights Subdivision Page 8 of 22 Doc-3499724 area of each Lot and all improvements therein shall be continuously maintained by the Owner of such Lot, except for improvements for Maintenance of which a public authority or utility company is responsible.
(b) No dwelling unit or other structure of any kind shall be built, or maintained on any such easement, reservation, or right of way, and such easement, reservations, and rights of way shall at all times be open and accessible to public and quasi-public utility corporations, their employees and contractors, and shall also be open and accessible to Declarant, its successors and assigns, all of whom shall have the right and privilege of doing whatever may be necessary in, on, under, and above such locations to carry out any of the purposed for which such easements, reservations, and rights of way are reserved.
(c) There shall exist appurtenant easement of access to all Lots, within the Subdivision to the City of San Juan for the use of city personnel and equipment on city business.
Section 5. “Right of Entry” The Association, through its duly authorized employees, contractors, and delegated agents, shall have the right after reasonable notice to the Owner thereof, to enter any Lot at any reasonable hour on the day to perform such maintenance as may be authorized herein, save and except in case of an emergency, which threatens either life or property, in which case advance notice shall not be required.
Section 6. “No Partition” There shall be no judicial partition of the Common Areas, nor shall Declarant, or any Owner or any other person acquiring any interest in the
ce notice shall not be required.
Section 6. “No Partition” There shall be no judicial partition of the Common Areas, nor shall Declarant, or any Owner or any other person acquiring any interest in the Subdivision or any part thereof, seek judicial partition thereof. However, nothing contained herein shall be construed to prevent judicial partition of any lot owned in cotenancy.
Section 7. “Future Subdivision Development” Declarant, its successors or assigns, reserve the right to use all easements and streets in this Property in connection with future residential development adjacent to or near the Property. Owners shall not have a claim for damages injunctive relief, or any claim of whatsoever kind or nature based upon such use.
Section 8. “Title to Common Areas” The recordation of this Declaration shall serve as a dedication and conveyance to the Association, without consideration, of the fee simple title to the Common Areas free and clear of monetary liens and encumbrances other than those created in or subordinate to this Declaration. Notwithstanding the foregoing or any other provision contained in this Declaration, Declarant shall have the right to use, for no additional charge, any and all Common Areas for purposes of marketing signage and sales trailers, and/or in connection with the development of the Lots, from the date hereof through the date that Declarant closes on the sale of the last Lot in the Subdivision to a third-party buyer.
ARTICLE V USE RESTRICTIONS Declaration of Plantation Heights Subdivision Page 9 of 22 Doc-3499724 Section 1.“Residential Use” All Lots, and each and every one thereof, are for single-family residential purposes only. No building or structure intended for or adapted
ivision Page 9 of 22 Doc-3499724 Section 1.“Residential Use” All Lots, and each and every one thereof, are for single-family residential purposes only. No building or structure intended for or adapted to business purposes, and no apartment house, double house, lodging house, rooming house, hospital, sanatorium or doctor’s office, or other multiple-family dwelling shall be erected, placed, permitted or maintained on such premises, or on any part thereof, save and except the business of the Declarant and the transferees of the Declarant in developing all of the Lots as provided in Section 22 below. No improvement or structure, other than a top quality private dwelling house, patio walls swimming pool, or garage may be erected, altered, placed maintained or permitted to remain on any Lot in the Subdivision, without the express written consent of the Committee. The preceding sentence shall in no way be read to supercede or replace the requirements of Article VIII of this Declaration, but shall be in addition to the requirements of Article VIII of this Declaration. Additionally, it is specifically declared that no portable buildings or sheds shall be erected or placed on any Lot without the express written consent of the Committee.
Section 2.“Construction Specifications” The Construction specifications for all residences constructed on any Lot are as follows: (a) Single Story Residence. Any single story residence constructed on-said Lots must not be less than One Thousand Five Hundred (1,500) square feet of air conditioned living area, exclusive of open or screened porches, terraces, patios, driveways, carports and garages. Any changes to this requirement must be approved in advance by the Architectural
air conditioned living area, exclusive of open or screened porches, terraces, patios, driveways, carports and garages. Any changes to this requirement must be approved in advance by the Architectural Control Committee. The entryway or foyer to each residence shall be a minimum height of twelve feet (12’) and the top plate shall be a minimum of nine feet (9”).
(b) Two Story Residences. Any two story residence constructed on said Lots must not have less than One Thousand Nine Hundred (1,900) square feet of air conditioned living area, exclusive of open or screened porches, terraces, patios, driveways, carports and garages. The ground floor living area of any two story residence shall not have less than One Thousand Three Hundred (1.300) square feet of air conditioned living area, exclusive of open or screened porches, terraces, patios, driveways, carports and garages. Any changes to this requirement must be approved in advance by the Architectural Control Committee.
The entryway or foyer to each residence shall be a minimum height of twelve feet (12’) and the top plate shall be a minimum of nine feet (9°).
(c) Exterior. The exterior walls shall consist of not less than ninety percent (90%) of masonry or masonry veneer construction, as approved in advance by the Architectural Control Committee. Masonry includes brick, brick veneer and stucco. Stone will be an essential element on exterior and must be a minimum of 10% of the exterior. Siding is not allowed.
(d) Roof. The roof slope shall be 4/12 or 6/12 unless approved by the Committee.
The roof shall be constructed of thirty (30) year composition shingles of Weatherwood or Charcoal Black color. A sample of all roofing materials must be submitted to the
ess approved by the Committee.
The roof shall be constructed of thirty (30) year composition shingles of Weatherwood or Charcoal Black color. A sample of all roofing materials must be submitted to the Committee for approval prior to the commencement of construction. No metal, wood, clay, or cement roofs are allowed.
Declaration of Plantation Heights Subdivision Page 10 of 23 Doc-3499724 (e) Air Conditioner. No evaporative cooler or air conditioner shall be placed, installed, or maintained on the roof or wall of any building or structure. All coolers and air conditioning units shall be concealed and located within the fence constructed on the Lot in the back or side of the residence.
(f) Clothes Lines. No clothing or other materials shall be aired or dried within the boundaries of the Property except in an enclosed structure not visible from any public or private street or alley.
(g) Additional Specifications. Additional specifications may be adopted by the Committee at any time. The Committee may develop an architectural standards guideline and plan to assist the Owners in designing and constructing their residence. The list above is not intended to exhaustive or definitive.
(h) Construction Time, Construction time for any improvement upon a Lot, from beginning of construction activities to final completion, shall not exceed twelve (12) months. Reconstruction shall be undertaken within three (3) months after the damage occurs, and shall be completed within fourteen (14) months after the damage occurs, unless prevented by causes beyond the control of the Owner.
Section 3.“Setbacks” All buildings and structures must be constructed, placed and maintained in conformity with the setback lines described in the Subdivision map. All
beyond the control of the Owner.
Section 3.“Setbacks” All buildings and structures must be constructed, placed and maintained in conformity with the setback lines described in the Subdivision map. All residences constructed in the Subdivision shall face in the same direction as the rest of the residences on the same side of the street. Residences on corner Lots shall face the street which fronts the more narrow side of the Lot.
Section 4.“Consolidation and Partial Lots” None of said Lots shall be resubdivided in any fashion, except that any person owning two (2) or more adjoining Lots may consolidate such Lots into a single building site, with the privilege of constructing improvements thereon as permitted by Sections 2 and 3 herein. However, any sale of a portion or both portions of a consolidated Lot must be approved by a unanimous vote of the Committee, and then only if said remaining portion is to be utilized by the adjoining Lot Owner to augment both larger properties (i.e., one on each side of the property being purchased in fractions).
Section 5.“Easements” Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded Subdivision Plat. No utility company, water district, political subdivision, or other authorized entity using the easement herein referred to shall be liable for any damage done by them or their assigns, agents, employees or servants to shrubbery, trees or flowers, or to other property of the Owners situated within any such easements.
Section 6.“Noxious or Offensive Activities Prohibited” No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood, save and except Section 22
o noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood, save and except Section 22 below.
Declaration of Plantation Heights Subdivision Page 11 of 22 ) Doc-3499724 Section 7.“Occupancy” No private dwelling house erected upon any Lot shall be occupied in any manner while in the course of construction, nor at any time prior to its being fully completed, except as herein required. Nor shall any residence, when completed, be in any manner occupied until made to comply with the approved plans, the requirements herein and all other covenants, conditions, reservations and restrictions herein set forth.
No temporary house, temporary dwelling, temporary garage, temporary outbuilding, trailer home or other temporary structure shall be placed or erected upon any Lot either permanently or temporarily. Rental of any servants’ quarters is prohibited, the occupancy hereof being limited to either guests or servants of the Owner of said Lot, save and except Section 22 below.
Section 8.“Signs” No signs or any character shall be allowed on any Lot except on sign of not more than six (6) square feet, advertising the property for sale or rent; provided, however, that Declarant shall have the right, during the construction and sale period, to construct and maintain such facilities as may be reasonably necessary for such construction and sale, including signs and storage areas, but not including a temporary residence or office, save and except Section 22 below. Additionally, builders may display banners, streamers, signs and flags for marketing purposes on “model homes” for 60 days after such “model homes” are complete. See Section 23 below.
ection 22 below. Additionally, builders may display banners, streamers, signs and flags for marketing purposes on “model homes” for 60 days after such “model homes” are complete. See Section 23 below.
Section 9.“Garbage Tanks, Equipment, etc.” No Lot shall be used or maintained as a dumping ground for rubbish or trash and no garbage or other waste shall be kept except in sanitary containers. All equipment for the storage and disposal of such materials shall be kept in a clean sanitary condition. No elevated tanks of any kind shall be erected, placed or permitted on any part of such premises. All garbage cans, equipment, coolers, wood piles or storage piles shall be walled or fenced in to conceal them from the view of the neighboring Lots roads or streets. Plans for all enclosures of this nature must be approved by the Committee prior to construction, save and except Section 22 below. Additionally, garbage dumpsters must be maintained at construction sites in locations approved by the Committee. Declarant may have additional requirements as to the location and maintenance of dumpsters at construction sites.
Section 10.“Animals” No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lots, except that no more than two (2) dogs and two (2) cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purposes. Exotic Animals, Dangerous Wild Animals or Residential Controlled Exotic Snakes are strictly prohibited. All animals outside the fenced area of the home shall be leashed at all times.
Section 11.“Fences, Walls, Hedges and Utility Meters” (a) All Lots must have a fenced in backyard. No fence, wall, hedge or
l animals outside the fenced area of the home shall be leashed at all times.
Section 11.“Fences, Walls, Hedges and Utility Meters” (a) All Lots must have a fenced in backyard. No fence, wall, hedge or electricity utility meter shall be placed or permitted to remain on any Lot nearer to the streets adjoining such Lot that is permitted for the main residence on such Lots or the actual front wall line, whichever is further from the street. All fences shall be constructed of cedar only. There shall be no chain-link or inferior constructed fences whatsoever, unless Declaration of Plantation Heights Subdivision Page 12 of 22 Doc-3499724 completely concealed within a fence constructed in accordance this subparagraph. All cedar fencing shall be six (6”) or eight (8”) inch boards with a minimum height of six (6’) feet with tops clipped two (2”) inches on the top corners. There will be a maximum height of any fence of eight (8’) feet. All corner Lots shall construct a fence on the side of the lot facing the street in accordance with the requirements of the Committee. All fences must be approved in advance by the Committee and shall be constructed at the time the residence is constructed on the Lot.
(b) The Declarant is constructing a fence around the subdivision. Such fence shall be part of the Common Area, shall be maintained, repaired and replaced by the Association, and shall be exempt from the requirements of Section 11(a) above. At all times the Common Area fence shall remain uniform across the Property. No Owner of a Lot on which the Common Area fence is located may unilaterally change or modify such Common Area fence in any way, nor may any Owner anchor to or otherwise attach to the Common Area
rty. No Owner of a Lot on which the Common Area fence is located may unilaterally change or modify such Common Area fence in any way, nor may any Owner anchor to or otherwise attach to the Common Area fence in a way that could damage the fence. Any change to such Common Area fence must be approved by the Association. A Lot Owner shall be responsible for repairing any damage to the Common Area fence caused by such Owner or Owner’s agents.
Section 12.“Parking” No trucks larger than three-quarters of a ton, motor vehicles not currently licensed, boats, trailers, campers, construction trucks, motor or mobile homes or other vehicles shall be permitted to be parked on any Lot, except in a closed garage, or on any street for a period not to exceed a twenty-four (24) hour period. This restriction shall not apply to automobiles or small non-commercial passengers trucks in operable condition and regular usage, provided that any such vehicles are parked on an improved driveway and not on the street in front of a Lot for a period not to exceed a twenty-four (24) hour period. No vehicle shall ever be permitted to be parked on the front or side lawn within view of the public. No vehicles shall ever be permitted to park on a driveway at a point where the vehicle obstructs pedestrians from use of a sidewalk.
Section 13.“Sidewalks” Builders of any homes in this Subdivision will be required to construct a sidewalk in compliance with the City of San Juan specifications at the front of each Lot the entire width of the Lot.
Section 14.“Prohibited Activities” No professional, business or commercial activity to which the general public is invited shall be conducted on any Lot.
_ Section 15. “Lighting” Exterior lights must be designed with adequate shielding
No professional, business or commercial activity to which the general public is invited shall be conducted on any Lot.
_ Section 15. “Lighting” Exterior lights must be designed with adequate shielding to avoid glare onto streets or common areas and other homes. Subtle lighting used to highlight architectural or landscaping detail is encouraged. Holiday lighting shall be permitted beginning during the month of December of each year. All holiday lights must be removed by January 15" of the following year.
Section 16.“Utility Lines and Antennas” All electrical service and telephone lines shall be placed underground. No exterior antennas, aerials, satellite dishes, or other apparatus for the reception of television, radio, satellite, or other signals of any kind shall be placed, allowed, or maintained upon any portion of the Property, including any homesite, which is visible from any street, or other Lot unless its impossible to receive Declaration of Plantation Heights Subdivision Page 13 of 22 Doc-3499724 signals from said location; in that event, the receiving device may be placed in a visible location as approved by the Committee. This restriction may be waived by the Committee.
Any waiver of these restrictions shall not constitute a waiver as to other Lots, lines, windmills or antennas. The Declarant by promulgating this section is not attempting to violate the Telecommunications act of 1996 (the “Act”), as same may be amended from time to time. This section shall be interpreted to be as restrictive as possible while not violating the Act.
Section 17.“Garage” All residences erected on these Subdivision Lots must have at least a sixteen foot (16’) wide two-car, front entry garage, which garage must be attached
hile not violating the Act.
Section 17.“Garage” All residences erected on these Subdivision Lots must have at least a sixteen foot (16’) wide two-car, front entry garage, which garage must be attached and incorporated into the main structure. Provided, however, that corner Lots must have a two-car, side entry attached garage. No carports are allowed. All garages must be approved in advance by the Committee.
Section 18.“Residential Landscaping” Front yards of all dwellings which are not composed of sidewalks, driveways or areas consisting of shrubs, hedges, ground covers and trees shall be covered by a grass such as coastal Bermuda or Saint Augustine or other commercially approved lawn grass. A sprinkler and/or irrigation system must be installed in the front yard of each Lot, including any flower beds. Front yards shall be landscaped in a professional manner, with a minimum of five (5) five gallon and ten (10) 3 gallon shrubs, hedges or plants. A tree of not less than 3” in diameter shall be planted in the front yard. The Residential Landscaping requirements shall be a minimum and will not supersede the municipal requirements directing the number and type of trees, plants and shrubs required on each Lot. Each Owner shall maintain grass, trees and shrubbery and keep them disease free and healthy, and if any such trees either die or become diseased or of unhealthy appearance they shall be removed and new trees shall be planted in their place.
The cost of all grass, trees and shrubbery shall be paid for by the respective Owner.
No owner shall allow his Lot or Lots, whether vacant or not, to remain overgrown with grass or weedy vegetation or natural wild vegetation, and each Owner shall be responsible for the timely maintenance, care and removal of grass, weedy or natural
acant or not, to remain overgrown with grass or weedy vegetation or natural wild vegetation, and each Owner shall be responsible for the timely maintenance, care and removal of grass, weedy or natural vegetation, by mowing, shredding, cutting and removing the same. Additionally, the Association, Declarant or Committee, or their agent(s), shall have the right at their option, to mow shred or cut said vegetation, and to charge the Owners a reasonable fee. In the event that said fee remains unpaid for a period of thirty (30) days, the Association, Declarant or Committee or its agents shall have a valid and subsisting lien for said payment and said lien may be perfected by filing an affidavit establishing said lien in the real estate records of Hidalgo County, Texas, and may bring suit to enforce the payment of said fees or for foreclosure of its lien, or both, and shall be entitled to reasonable attorney’s fees and costs of suit for prevailing in such an action.
Section 19.“Vehicle Maintenance” No maintenance shall be allowed on any type of motorized vehicle on the street.
Section 20.“Driveways” Driveways must be approved in advance by the Committee and shall be constructed of concrete. Concrete driveways may be stamped and stained, as approved by the Committee. No asphalt driveways are allowed.
Declaration of Plantation Heights Subdivision Page 14 of 23 ) Doc-3499724 Section 21.“Mailboxes” Mailboxes will be clustered or community style mailboxes in the location determined by plat, the US Postal Service or the municipality.
Mailboxes must not impede any sidewalk.
Section 22.“Insurance” Nothing shall be done or kept on a Lot or on the Common Areas which would increase the rate of insurance relating thereto without the prior written
must not impede any sidewalk.
Section 22.“Insurance” Nothing shall be done or kept on a Lot or on the Common Areas which would increase the rate of insurance relating thereto without the prior written consent of the Association, and no Owner shall permit anything to be done or kept on his Lot or the Common Areas which would result in the cancellation of insurance of any residence or on any part of the Common Areas, or which would be in violation of any law.
Section 23.“Declarant’s Special Rights” Declarant or the transferees of Declarant shall undertake the work of developing all Lots included with the Subdivision. The completion of that work and the sale, rental, or other disposition of Lots is essential to the establishment and welfare of the Subdivision as an ongoing residential community. In order that such work may be completed and the Subdivision be established as a fully occupied residential community as soon as possible, nothing in this declaration shall be understood or constructed to: (a) Prevent Declarant, Declarant’s transferees, or the employees, contractors, or subcontractors of Declarant or Declarant’s transferees from doing on any part or parts of the Subdivision owned or controlled by Declarant or Declarant’s transferees or their representatives, whatever they determine may be reasonably necessary or advisable in connection with the completion of such work.
(b) Prevent Declarant, Declarant’s transferees, or the employees, contractors, or subcontractors of Declarant or Declarant’s transferees from constructing and maintaining on any part or part of the Subdivision property owned or controlled by Declarant, Declarant’s transferees, or their representatives, such structures as may be reasonably
m constructing and maintaining on any part or part of the Subdivision property owned or controlled by Declarant, Declarant’s transferees, or their representatives, such structures as may be reasonably necessary for the completion of such work, the establishment of the Subdivision as a residential community, and the disposition of Lots by sale, lease or otherwise; (c) Prevent Declarant, Declarant’s transferees, or the employee, contractors, or subcontractors of Declarant or Declarant’s transferees from conducting on any part or parts of the Subdivision property owned or controlled by Declarant or Declarant’s transferee or their representative, the business of completing such work, of establishing the Subdivision as a residential community, and of disposing of Lots by sale, lease or otherwise; or (d) Prevent Declarant, Declarant’s transferees, or the employees, contractors, or subcontractors of Declarant or Declarant’s transferees from maintaining such sign or signs on any of the Lots owned or controlled by any of them as may be necessary in connection with the sale, lease, or otherwise of Subdivision Lots.
As used in this section, the words “‘its transferees” specifically exclude purchasers of Lots.
Section 24. “Model Homes” Builders of homes in the Subdivision may maintain “model homes” for marketing and showing their product. However, a residence may only Declaration of Plantation Heights Subdivision Page 15 of 22 ) Doc-3499724 be utilized as a “model home” for 36 months after completion. All model homes must be constructed in accordance with the construction standards contained herein and with the prior approval of the Committee.
Section 25. “Garage or Yard Sale” The Association will schedule an annual or
be constructed in accordance with the construction standards contained herein and with the prior approval of the Committee.
Section 25. “Garage or Yard Sale” The Association will schedule an annual or bi-annual Garage Sale or Yard Sale (“Sale) for the entire neighborhood. The location and dates of the Sale will be determined by the Association. Lot Owners are not permitted to have an individual Sale on their Lot(s).
Section 26. “Barbecue Area” Barbecue areas, pits and similar shall never be permitted on the front or side lawn within view of the public and must always be in the rear of the Lot.
Section 27. “Windows” All windows, sliding doors etc. shall be properly covered with appropriate window dressing. Sheets, blankets, flags, boards, foil wraps or other such items shall be specifically prohibited. Window dressing shall be shutters, curtains, drapes or blinds and be of a reasonable quality.
ARTICLE VI OWNER’S OBLIGATION TO REPAIR Each Owner shall, at its sole cost and expense, repair its residence, keeping the same in a condition comparable to the condition of such residence at the time of its initial construction excepting only normal wear and tear.
ARTICLE VII OWNER’S OBLIGATION TO REBUILD If all or any portion or a residence is damaged or destroyed by fire or other casualty, it shall be the duty of the Owner thereof, with all due diligence, to rebuild, repair, or reconstruct such residence in a manner which will substantially restore it to its appearance and condition immediately prior to the casualty. Reconstruction shall be undertaken within two (2) months after the damage occurs, and shall be completed within fourteen (14) months after the damage occurs, unless prevented by cause beyond the contro! of the
ction shall be undertaken within two (2) months after the damage occurs, and shall be completed within fourteen (14) months after the damage occurs, unless prevented by cause beyond the contro! of the Owner or Owners. All plans for rebuilding must be approved by the Committee.
ARTICLE VIII ARCHITECTURAL CONTROL Section 1. “Architectural Control Committee” Declarant shall designate and appoint the initial Architectural Control Committee (“Committee”) consisting of three (3) adult persons (at the sole discretion of Declarant), which Committee shall serve until construction of a residence has been completed on every Lot in the Subdivision. If any Member becomes unable or unwilling to continue to serve during such term, Declarant, its successor or assigns, shall appoint a successor to finish the respective term. A majority of the Committee may designate a representative to act for it. Neither the members of the Declaration of Plantation Heights Subdivision Page 16 of 22 ) Doc-3499724 Committee, nor its designated representative shall be entitled to any compensation for service performed pursuant to this covenant. After construction has commenced or been completed on every Lot in the Subdivision, the duties, rights, powers and authority of the Committee shall automatically transfer, without any further formality, to the Association.
Further, any or all of the duties, rights, powers and authority of the Committee may be assigned at any time, upon the unanimous decision of the Committee, to the Association.
From and after the date of such assignment, the Association shall have full right, authority and power, and shall be obligated to perform the functions of the Committee as provided herein.
Section 2. “Goal of Architectural Control Committee” The goal of the
on shall have full right, authority and power, and shall be obligated to perform the functions of the Committee as provided herein.
Section 2. “Goal of Architectural Control Committee” The goal of the Committee is to encourage the construction of single-family structures of good architectural design, quality and property size compatible with Declarant’s conceptual plan for the Subdivision. Single-family structures should be planned and designed with particular attention to the design and aesthetic appearance of the exterior and the use of such material, which, in the sole judgment of the Committee, will all create an attractive and harmonious blend with existing and proposed single-family structures in the immediate area and the natural surroundings. The Committee may disapprove the construction or design of a single-family structure on purely aesthetic grounds where, in its sole judgment, such disapproval is required to protect the continuity of design or values of the neighborhood and of other homeowners or to preserve the serenity and natural beauty of any surroundings. Prior judgment regarding matters of design or aesthetics shall not be deemed binding upon the Architectural Control Committee if the Committee feels that the repetition of such matters will have an adverse effect on the Subdivision.
Section 3. “Function of the Architectural Control Committee” The Committee shall function as the representative of the owners for the purposes herein set forth. No building, roof, fence, wall or other structure of any nature whatsoever and no landscaping of any nature whatsoever that is readily visible from the street shall be erected, placed or altered on any lot (nor may any such item be subsequently replaced, treated or repainted in
no landscaping of any nature whatsoever that is readily visible from the street shall be erected, placed or altered on any lot (nor may any such item be subsequently replaced, treated or repainted in a manner which materially alters the exterior appearance of the item) until plans and specifications and a plat showing the exact location of the structure on the Lots in such form and detail as the Committee may deem necessary, shall have been submitted to and approved in writing by such Committee. The Architectural Control Committee or its representatives shall have the power to employ professional consultants to assist it in discharging duties. The decision of the Architectural Committee shall be final, conclusive and binding upon the applicant. All submissions to the Architectural Committee shall be at the address specified herein. Colors and types of stucco, roof, trim, roofing materials, front doors, fences, etc. will be reviewed by and must be approved by Committee. The Committee must also approve all landscaping plans. The Committee has developed a set of architectural guidelines to assist the Owners in designing and constructing their singlefamily residence. The Committee may modify the architectural guidelines at any time. An electronic copy of the architectural guidelines will be provided to Lot owners upon request.
Section 4. “Procedures of Architectural Control Committee” The Committee may establish and publish from time to time reasonable administrative procedures and Declaration of Plantation Heights Subdivision Page 17 of 22 Doc-3499724 separate building guidelines to supplement the restrictions. The address of the Architectural Control Committee as of the date hereof shall be as follows: 1117S Shary
ivision Page 17 of 22 Doc-3499724 separate building guidelines to supplement the restrictions. The address of the Architectural Control Committee as of the date hereof shall be as follows: 1117S Shary Rd, Mission, Texas 78572; and this address may be changes from time to time by the Architectural Control Committee by its filing of an Address Change Certificate in the Real Property Records of Hidalgo County, Texas.
Section 5. “Powers” The Committee shall have and exercise such powers and rights provided for in and consistent with the provisions of this Declaration. Each Committee member shall have one (1) vote. Except in those instances in this Declaration where the unanimous action shall be taken or any decisions made by the Committee except with the concurrence of not less than two (2) Committee members, however, a designated representative approved unanimously by all three (3) Committee members shall have the sole power to act on behalf of the Committee. The designated representative’s power may be revoked by a written communication to all Lot Owners. Each Committee member shall be entitled to receive (but may waive) not less than five (5) days written notice of each meeting of the Committee and of each action proposed to be taken and decision proposed to be made by the Committee (whether or not at a meeting).
Section 6. “Approval of Plans and Specification” No building, landscaping, fence, wall, road, driveway or other structure shall be commenced, erected, altered or maintained upon the Lots, nor shall any exterior addition to, or change or alteration therein, be made, except as set forth below, until samples of the stucco, exterior paint and roofing materials, and the plans and specifications showing the nature, kind, shape, height,
or alteration therein, be made, except as set forth below, until samples of the stucco, exterior paint and roofing materials, and the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to, and approved in writing by, the Committee as to quality of workmanship and material, the harmony of external design with existing structures and location of such improvements in relation the surrounding structures and topography. The Committee must be provided with a full size set of plans and specifications along with an 8 % X 11 set. The full size set of plans will be returned to Owner upon approval of the Committee and stamped as such so that Owner may obtain a building permit from the City of San Juan.
Section 7. “Basis of Approval” Approval of plans and specifications shall be based upon any one or more of the following: (a) The architectural and structural integrity of design.
(b) Harmony and conformity of the design with the surroundings both natural and built.
(c) Adequacy of the design to the conditions of the site.
(d) Relation of finished grades and elevations to the neighboring sites.
(e) Conformity to specific and general intent of these restrictions covering the particular platted unit of which the lot in question forms a part.
(f) Aesthetic considerations determined in the Committee’s sole discretion.
Section 8. “Failure of Committee to Act” If the Architectural Committee fails to approve or disapprove the plans and specifications or to reject them as being inadequate within thirty (30) days after submittal thereof, it shall be conclusively presumed that such Committee has approved such plans and specifications. If plans and specifications are not
being inadequate within thirty (30) days after submittal thereof, it shall be conclusively presumed that such Committee has approved such plans and specifications. If plans and specifications are not Declaration of Plantation Heights Subdivision Page 18 of 22 ) Doc-3499724 sufficiently complete or otherwise inadequate, the Architectural Control Committee may reject them as being inadequate or may approve or disapprove them in part, conditionally or unconditionally, and reject the balance. The approval of the Architectural Control Committee to any submitted plans and specifications shall not be deemed as the approval of the Committee to any other items not expressly and specifically covered by such submitted plans and specifications.
Section 9. “Failure to Comply” Failure to comply the provisions herein shall submit the respective Lot Owner to injunctive relief and/or damages, pursuant to Article I, Section 3. The defendant Lot Owner shall pay all costs of court and attorney’s fees borne by the Association or other entity bringing such action should the Association or other entity, as the case may be, prevail.
ARTICLE IX GENERAL PROVISIONS Section 1. “Enforcement” Declarant, the Association, or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, easements, reservations, liens and charges now or hereafter imposed by the provisions of this declaration. Failure by Declarant, the Association, or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2. “Severability” Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which
ver of the right to do so thereafter.
Section 2. “Severability” Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.
Section 3, “Amendments” (a) Declarant. So long as the Class B membership exists, the Declarant may unilaterally amend this Declaration for any purpose. Thereafter, the Declarant may unilaterally amend this Declaration at any time and from time to time as otherwise specifically authorized by this Declaration, or if such amendment is (i) necessary to bring any provision hereof into compliance with any applicable governmental statue, rule or regulation or judicial determination which is in conflict therewith, (ii) necessary to enable any reputable title insurance company to issue title insurance coverage with respect to any portion of the Property, or (iii) required by an institutional or governmental lender, purchaser, insure or guarantor of mortgage loans to enable it to make, purchase, insure or guarantee mortgage loans on any portion of the Property. Further, so long as it still owns any portion of the Property for development, the Declarant may unilaterally amend for other purposes, provided the amendment has no material adverse effect upon any right of any Owner.
(b) Owners. Except as otherwise specifically provided above, or elsewhere in this Declaration, this Declaration may be amended only by a majority vote of Class A Members, together with the Class B Member’s vote, for so long as the Class B Membership Declaration of Plantation Heights Subdivision Page 19 of 22 ) Doc-3499724 shall exist. However, the percentage of votes necessary to amend a specific clause shall
for so long as the Class B Membership Declaration of Plantation Heights Subdivision Page 19 of 22 ) Doc-3499724 shall exist. However, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed number of affirmative votes required for action to be taken under the clause. No amendment may remove, revoke, or modify any right or privilege of Declarant without the consent of Declarant (or its assignee of such right or privilege).
(c) Validity and Effective Date of Amendments. Amendments to this Declaration shall become effective upon recordation in the real property records of Hidalgo County, Texas, unless a later effective date is specified therein. Any procedural challenge to an amendment must be made within six (6) months of its recordation or such amendment shall be presumed to have been validly adopted. In no event shall a change of conditions or circumstances operate as a waiver or amendment of any provision of this Declaration.
Section 4. “Subordination” No breach of any of the conditions herein contained or re-entry by reason of such breach shal] defeat or render invalid the lien of any mortgage made in good faith and for value as to the Subdivision or any Lot therein; provided, however, that such conditions shall be binding on any owner whose title is acquired by foreclosure, trustee’s sale or otherwise.
Section 5. “Duration” The covenants and restrictions of this declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Declarant, Association, or any member thereof for a period of thirty (30) years from the date hereof, and thereafter shall continue automatically in effect for additional periods of ten (10) years,
he Declarant, Association, or any member thereof for a period of thirty (30) years from the date hereof, and thereafter shall continue automatically in effect for additional periods of ten (10) years, unless otherwise agreed in writing by the then owner of at least seventy five percent (75%) of the Subdivision Lots.
Section 6. “Compliance with Laws” At all times, each Owner shall comply with applicable, federal, state, county, and municipal laws, ordinances, rules and regulations with respect to the use, occupancy, and condition of their Lot and any improvements thereon. If any provision contained in this Declaration or amendment is found to violate any law, then the provision shall be interpreted to be as restrictive as possible to preserve as much of the original provision as allowed by law.
Section 7. “Leases” Any and all lease agreements, whether written or otherwise, relating to Property in the Subdivision shall be subject to the terms of this Declaration. All Owners are responsible for ensuring that any and all of their tenants are complying with the terms of this Declaration.
Section 8. “HOA Construction Deposit” Each Owner must deposit $300.00 with the Association prior to the commencement of construction of a dwelling on such lot. The Committee will not approve the construction plans for a lot until the Construction Deposit has been made. The Construction Deposit is refundable (less any deductions) to an Owner upon the completion of the home on such lot and the issuance of a Certificate of Occupancy by the City of San Juan. Provided, however, that the Association shall deduct from the refund of the Construction Deposit: 1) all amounts expended by the Association for the cleanup of trash and debris attributable to the construction on such lot; 2) all amounts
on shall deduct from the refund of the Construction Deposit: 1) all amounts expended by the Association for the cleanup of trash and debris attributable to the construction on such lot; 2) all amounts expended by the Association for repairing any damage caused by the contractors and Declaration of Plantation Heights Subdivision Page 20 of 22 Doc-3499724 cleanup of trash and debris attributable to the construction on such lot; 2) all amounts expended by the Association for repairing any damage caused by the contractors and subcontractors of an Owner; and 3) any legal or other fees expended by the Association to enforce the terms, conditions and requirements of this Declaration.
Section 9. “Maintenance and repair of the Common Areas to the extent not performed by a governmental authority or an Owner” The Association acknowledges and agrees to comply with all City of San Juan Ordinances, as now or hereinafter amended.
The Association shall cut the grass along the ROW and Perimeter of the subdivision.
Section 10. “Annexation of Additional Property” At any time following the recordation of this Declaration, Declarant, its successors or assigns, in its sole discretion, may annex additional property into the Subdivision and/or into and under the scope of this Declaration and subject to the terms and provisions of this Declaration (as an additional or new lot, phase, section or otherwise), without notice to or the consent or joinder of any other Owner (except the owner(s) of any such annexed property at the time of the annexation). To annex additional property, Declarant shall prepare, execute and record in the Real Property Records of Hidalgo County, Texas, an amendment to this Declaration
operty at the time of the annexation). To annex additional property, Declarant shall prepare, execute and record in the Real Property Records of Hidalgo County, Texas, an amendment to this Declaration describing the property to be annexed and declaring same to be part of the Subdivision and subject to the terms and provisions of this Declaration.
[signature page follows] Declaration of Plantation Heights Subdivision Page 21 of 23 Doc-3499724 EXECUTED by the Declarant, this Fay of >Cphetnber2023.
DM & DG Development, LLC elia Evelyn Moreno, Q\ 2 On D2 THE STATE OF TEXAS — § COUNTY OF HIDALGO — § BEFORE ME, a Notary Public, on this day personally appeared Delia Evelyn Moreno, acting in the capacity as Oba \per of DM & DG Development, LLC, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same in the capacity stated and for the purposes and consideration therein expressed.
SEAL OF OFFICE, this ek, of Otary Public, State of Texas GIVEN UNDER MY HAND A a SSPsbwor, 2023.
yeti, ane ti, SANDRA CANALES "i Notary Public STATE OF TEXAS FN. icf Notary ID# 12428268-6 MBSE My Comm. Exp. 07-26-2026 a ° ot RY AS Declaration of Plantation Heights Subdivision Doc-3499724 LIENHOLDER’S CONSENT EXECUTED by this day of , 2023, for purposes of evidencing its consent to and agreement to (0 be bound by the covenants and restrictions herein set forth, to the extent currently holds a lien on the Lots covered by the terms of this Declaration.
Freedom Bank By: Name: Its: THE STATE OF TEXAS § COUNTY OF HIDALGO § BEFORE ME, a Notary Public, on this day personally appeared of Freedom Bank, a banking institution, known to me to be the person whose name is subscribed to the
HE STATE OF TEXAS § COUNTY OF HIDALGO § BEFORE ME, a Notary Public, on this day personally appeared of Freedom Bank, a banking institution, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in the capacity stated and for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2023.
Notary Public, State of Texas Declaration of Plantation Heights Subdivision Page 23 of 23 Doc-3499724 BYLAWS OF PLANTATION HEIGHTS HOA, INC.
A NONPROFIT CORPORATION Article 1. NAME AND LOCATION The name of the corporation is Plantation Heights HOA, Inc. (“Association”).
The principal office of the corporation will be located at 1117 S Shary Rd, Mission, Texas 78572, but meetings of members and directors may be held at the places within Hidalgo County, Texas, as designated by the Board of Directors.
Article I. DEFINITIONS Section 1.
The term “Association” refers to Plantation Heights HOA, Inc., its successors and assigns.
Section 2.
The term “Properties” refers to the real property described in the Declaration of Covenants, Conditions and Restrictions (“Declaration”), and any additions to the Declaration as may be brought within the jurisdiction of the Association.
Section 3.
The term “Common Area” means all real property owned by the Association for the common use and enjoyment of the Owners.
Section 4.
The term “Lot” refers to any plot of land shown on any recorded subdivision map of the Properties with the exception of the Common Area.
i Section 5.
The term “Owner” refers to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Properties, including contract sellers, but
i Section 5.
The term “Owner” refers to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having an interest merely as security for the performance of an obligation.
Section 6.
The term “Declarant” refers to DM & DG Development, LLC, and its successors and assigns, if the successors or assigns acquire more than one undeveloped Lot from the Declarant for the purpose of development.
Section 7.
The term “Declaration” refers to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties recorded in Document Number of the Real Property Records of Hidalgo County, Texas.
The term “Member” refers to those persons entitled to membership as provided in the Declaration.
Section 8.
‘ i Bylaws of Plantation Heights HOA, Inc. Page | of 9 a Sesame!
Doc-3499724 Article Ill. MEETING OF MEMBERS Section 1.
Annual Meetings. The first annual meeting of the members will be held within one year from the date of incorporation of the Association, and each subsequent regular annual meeting of the members will be held on the same day of the same month of each year after that, at the hour of determined by the Board of Directors. If the day for the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday.
Section 2.
Special Meetings. Special meetings of the members may be called at any time by the president or by the Board of Directors, or on the written request of the members who are entitled to vote fifty percent (50%) of all of the votes of the Class A membership.
Section 3.
any time by the president or by the Board of Directors, or on the written request of the members who are entitled to vote fifty percent (50%) of all of the votes of the Class A membership.
Section 3.
Notice of Meetings. Written notice of each meeting of the members will be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of the notice, postage prepaid, at least fifteen (15) days before the meeting to each member entitled to vote, addressed to the member's address last appearing on the books of the Association, or supplied by the member to the Association for the purpose of notice. Notice must specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting.
il Section 4. | Quorum. The presence at the meeting of members entitled to cast, or of proxies entitled to cast, | twenty five percent (25%) of the votes of each class of membership will constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these Bylaws. If a quorum is not present or represented at a meeting, the members entitled to vote will have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum is present or represented. : Section 5.
Proxies. At all meetings of members, each member may vote in person or by proxy. All proxies must be in writing and filed with the secretary. Every proxy will be revocable and will automatically cease on conveyance by the member of his or her Lot.
Article lV. BOARD OF DIRECTORS, SELECTION, TERM OF OFFICE Section 1.
Number. The affairs of this Association will be managed by a Board of three (3) directors, who,
ce by the member of his or her Lot.
Article lV. BOARD OF DIRECTORS, SELECTION, TERM OF OFFICE Section 1.
Number. The affairs of this Association will be managed by a Board of three (3) directors, who, other than the initial directors described in the Certificate of Formation of the Association, must be members of the Association.
Section 2.
Term of Office. At the first annual meeting the members will elect three directors for a term of up to three years. The members may choose to elect the directors to staggered terms.
- Section 3.
Bylaws of Plantation Heights HOA, Inc. Page 2 of 9 5 ) Removal. Any director may be removed from the Board, with or without cause, by a majority i vote of the members of the Association. In the event of death, resignation or removal of a director, a successor will be selected by the remaining members of the Board and will serve for the unexpired term of the predecessor.
Section 4.
Compensation. No director may receive compensation for any service he or she renders to the Association. However, any director may be reimbursed for actual expenses incurred in the performance of duties.
Section 5.
Action Taken Without a Meeting. The directors will have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved will have the same effect as though taken at a meeting of the directors.
Article V. NOMINATION AND ELECTION OF DIRECTORS Section 1.
Nomination. Nomination for election to the Board of Directors will be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee will consist of a Chairman, who will be a member of the Board of
ors will be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee will consist of a Chairman, who will be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee will be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the close of the annual meeting until the close of the next annual meeting, and that appointment will be announced at each annual meeting. The Nominating Committee will make as many nominations for election to the Board of Directors as it determines, but not less than the number of vacancies that are to be filled. Nominations may be made from among members or nonmembers.
Section 2.
Election. Election to the Board of Directors will be by secret written ballot. At the election, the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes will be elected. Cumulative voting is not permitted.
Article VI. MEETINGS OF DIRECTORS Section 1.
Regular Meetings. Regular meetings of the Board of Directors will be held monthly without notice, at the place and hour as fixed by resolution of the Board. If a meeting falls on a legal holiday, then that meeting will be held at the same time on the next day which is not a legal holiday.
Section 2.
Special Meetings. Special meetings of the Board of Directors will be held when called by the president of the Association, or by any two directors, after not less than three (3) days notice to each director.
Section 3.
Bylaws of Plantation Heights HOA, Inc. Page 3 of 9 I al Doc-3499724
by the president of the Association, or by any two directors, after not less than three (3) days notice to each director.
Section 3.
Bylaws of Plantation Heights HOA, Inc. Page 3 of 9 I al Doc-3499724 | Quorum. A majority of the number of directors will constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present will be regarded as the act of the Board.
Section 1.
Powers. The Board of Directors will have power to: (a) Adopt and publish rules and regulations governing the use of the Common Area and facilities, and to establish penalties for the infraction of those rules; (b) Suspend the voting rights and right to use the recreational facilities of a member during any period in which the member is in default in the payment of any assessment levied by the Association. These rights may also be suspended after notice and hearing, for a period not to exceed thirty (30) days for an infraction of published rules and regulations; Article Vil. POWERS AND DUTIES OF THE BOARD OF DIRECTORS Association and not reserved to the membership by other provisions of these Bylaws, the Certificate of Formation, or the Declaration; (d) Declare the office of a member of the Board of Directors to be vacant in the event the member is absent from three consecutive regular meetings of the Board of Directors; and (e) Employ a manager, an independent contractor, or other employees as they deem necessary, and to prescribe their duties.
Section 2.
Duties. It will be the duty of the Board of Directors to: (a) Cause to be kept a complete record of all its acts and corporate affairs and to present a statement to the members at the annual meeting of the members, or at any special meeting
of Directors to: (a) Cause to be kept a complete record of all its acts and corporate affairs and to present a statement to the members at the annual meeting of the members, or at any special meeting when a statement is requested in writing by fifty percent (50%)of the Class A members who are entitled to vote; (b) Supervise all officers, agents and employees of this Association, and to see that their duties are properly performed; (c) As more fully provided in the Declaration and subject to the provisions of the Declaration, to: (1) fix the amount of the annual assessment against each Lot at least sixty (60) days in advance of each annual assessment period; (2) send written notice of each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period; and (3) foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the owner personally obligated to pay the same.
(c) Exercise for the Association all powers, duties and authority vested in or delegated to this | i { | | Bylaws of Plantation Heights HOA, Inc. Page 4 of 9 | i Doc-3499724 | (d) Issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate | stating whether or not any assessment has been paid. A reasonable charge may be made by the | Board for the issuance of these certificates. If a certificate states an assessment has been paid, the certificate will be conclusive evidence of payment; (e) Procure and maintain adequate liability and hazard insurance on property owned by the Association; (f) Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate;
and maintain adequate liability and hazard insurance on property owned by the Association; (f) Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; (g) Cause the Common Area to be maintained; and (h) Cause the exterior of the dwellings to be maintained.
(i) Cause the provisions of the Declaration, including, but not limited to, the architectural restrictions and requirements, to be followed.
Article Vill. OFFICERS AND THEIR DUTIES | Section 1. | Enumeration of Offices. The officers of this Association will be a president and vice-president, who will at all times be members of the Board of Directors, a secretary, and a treasurer, and any other officers that the Board by resolution creates.
H ] | | | Section 2.
Election of Officers. The election of officers will take place at the first meeting of the Board of Directors following each annual meeting of the members.
Section 3.
Term. The officers of this Association will be elected annually by the Board and each will hold office for one (1) year unless he or she resigns, or is removed, or is otherwise disqualified to serve.
Section 4.
Special Appointments. The Board may elect other officers as the affairs of the Association may require, each of whom will hold office for the period, have the authority, and perform the duties as the Board determines.
Section 5.
Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time giving written notice to the Board, the president or the secretary. A resignation will take effect on the date of receipt of the notice or at any later time specified, and unless otherwise specified, the acceptance of the resignation will not be necessary to make it effective.
tion will take effect on the date of receipt of the notice or at any later time specified, and unless otherwise specified, the acceptance of the resignation will not be necessary to make it effective.
Section 6.
Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer ! appointed to fill the vacancy will serve for the remainder of the term of the officer he or she Bylaws of Plantation Heights HOA, Inc. Page 5 of 9 | | replaces.
Section 7.
Multiple Offices. The offices of secretary and treasurer may be held by the same person. No person may simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article.
Section 8.
Duties. The duties of the officers are as follows: President (a) The president will preside at all meetings of the Board of Directors; will see that orders and resolutions of the Board are carried out; will sign all leases, mortgages, deeds and other written instruments and will co-sign all checks and promissory notes.
Vice-President (b) The vice-president will act for the president in the event of his or her absence, inability or refusal to act, and will exercise and discharge other duties as required by the Board.
Secretary (c) The secretary will record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring a seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and perform other duties as required by the Board.
Treasurer (d) The treasurer will receive and deposit in appropriate bank accounts all monies of the
of the Association together with their addresses, and perform other duties as required by the Board.
Treasurer (d) The treasurer will receive and deposit in appropriate bank accounts all monies of the Association and disburse funds as directed by resolution of the Board of Directors; sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year; and prepare an annual budget and a statement of income and expenditures to be represented to the membership at its regular annual meeting, and deliver a copy of each to the members.
Article IX. COMMITTEES The Association will appoint an Architectural Control Committee, as provided in the Declaration, and a Nominating Committee, as provided in these by-laws. In addition, the Board of Directors will appoint other committees as deemed appropriate in carrying out its purpose.
Article X. BOOKS AND RECORDS The books, records and papers of the Association will at all times, during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles of Incorporation and the By-laws of the Association will be available for inspection by any member at the principal office of the Association, where copies may be purchased at reasonable cost.
Bylaws of Plantation Heights HOA, Inc. Page 6 of 9 mere ESS SSS SSS eee eee Doc-3499724 Doc-3499724 | Article XI. ASSESSMENTS | As more fully provided in the Declaration, each member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien on the property against | which the assessment is made. Any assessments which are not paid when due will be delinquent.
ssociation annual and special assessments which are secured by a continuing lien on the property against | which the assessment is made. Any assessments which are not paid when due will be delinquent.
If the assessment is not paid within thirty (30) days after the due date, the assessment will bear interest from the date of delinquency at the rate of eighteen (18) percent per annum, and the Association may bring an action at law against the Owner personally obligated to pay the ) assessment or foreclose the lien against the property, and interest, costs, and reasonable attorney's fees of any action will be added to the amount of the assessment. No Owner may waive or otherwise escape liability for the assessments provided for by nonuse of the Common Area or abandonment of his or her Lot.
Article XIl. CORPORATE SEAL The Association may obtain a seal in circular form having within its circumference the words: Plantation Heights HOA, Inc.
Article XII. AMENDMENTS Directors, by a vote of a majority of the Board of Directors present at a duly scheduled meeting at which a quorum is present.
Section 2. In the case of any conflict between the Articles of Incorporation and these bylaws, the Articles will control; and in the case of any conflict between the Declaration and these bylaws, the Declaration will control.
Article XIV. MISCELLANEOUS The fiscal year of the Association will begin on the first day of January and end on the 31st day of Section 1. These bylaws may be amended, at a regular or special meeting of the Board of December of every year, except that the first fiscal year will begin on the date of incorporation. | ARTICLE XV. SIGNATURE REQUIREMENTS | Any requirement for a signature under the association documents may be satisfied by a digital
that the first fiscal year will begin on the date of incorporation. | ARTICLE XV. SIGNATURE REQUIREMENTS | Any requirement for a signature under the association documents may be satisfied by a digital signature meeting the requirements of applicable law.
ARTICLE XVI. USE OF NEW TECHNOLOGY Due to the ongoing development of new technologies and corresponding changes in business practices, to the extent permitted by law now or in the future: (1) any notice or proxy required to be sent, received, or filed; (2) any signature, vote, consent, proxy, or approval required to be obtained; or (3) any payment required to be made, Bylaws of Plantation Heights HOA, Inc. Page 7 of 9 a under the association documents may be accomplished using the most advanced technology available at that time if such use is a generally accepted business practice.
ARTICLE XVII. ACCELERATION In the event that any member’s assessment, charge, or fee provided for in the declaration or in these bylaws, or any monthly or other installment thereof remains unpaid for more than 30 days of the due date thereof, the board of directors may, in its discretion, and in addition to any other remedies that may exist with respect to such delinquency, declare the entire remaining balance of such member’s annual assessment for that fiscal year immediately due and payable upon 30 days’ written notice to the member to that effect.
Executed this es, oe Rremby- 2023.
jet oe Regie K, “3 Delia Evelyn Moreno, President Bylaws of Plantation Heights HOA. Inc. Page 8 of 9 Doc-3499724 Doc-3499724 | STATE OF TEXAS ) COUNTY OF HIDALGO ) This instrument was acknowledged before me oedema \4y 2023, by Delia Evelyn Moreno, President of Plantation Heights HOA, Inc., a Texas nonprofit corporation, on behalf of said corporation.
F HIDALGO ) This instrument was acknowledged before me oedema \4y 2023, by Delia Evelyn Moreno, President of Plantation Heights HOA, Inc., a Texas nonprofit corporation, on behalf of said corporation.
SANDAA CANALES eee, QU Ve, CO oyOn 0s fr ee Notary Public sIBET EE STATE OF TEXAS Ea : : otary Public, State of Texas tg Nos Notary [Dt 12428268-6 ry “UE OF SS My Comm. Exp, 07-26-2026 CERTIFICATION |, the undersigned, certify: That | am the duly elected and acting secretary of the Plantation Heights HOA, Inc., a Texas nonprofit corporation; and That the foregoing bylaws constitute the original Bylaws of the Association, as duly adopted at a meeting of the Board of Directors held on February 28, 2023.
\ ve subscribed my name and affixed the seal of the Association this ok Page 9 of 9