Shelley Coston, Bell County TX Clerk Page 1 of 32 20230467544 11/16/2022 O2:01FH AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR OQ SHEPHERDS GLEN Bell County, Texas O) ons SS AG DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR SHEPHERDS GLEN STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF BELL § WHEREAS, Shepherds Glen, a Subdivision (the “Subdivision”), out of Bell Cots eXas, as shown on map or plat thereof recorded in Cabinet C, Slide 306-B, C, and Replat.
Glen Subdivision, Lots 12, 19, 20, 24 and 25, in Cabinet D, Slide 256C, of the Pk (coy Restrictions for Shepherds Glen recorded at Volume 4960, Page 165, OfficiaLPublic County, Texas.
WHEREAS, the Original Declaration establishes Shepherd “Association”) as a property Owner’s association and makes f real property in the ’ association.
WHEREAS, members of the Association desire governing the Subdivision into the Amended and Reste Restrictions for Shepherds Glen, (hereinafter referred amend aird_restdte the Original Declaration i Declaration of Covenants, Condition and he “Declaration”).
NOW THEREFORE, it is hereby declared that: 1. The Original Declaration j b ded in its entirety and entirely replaced by this Declaration, and so Original ration shall have no further force or effect upon the SS be held, sold, conveyed and occupied subject to the Se eo ginéwith the land and imposed on and intended to benefit and burden portions of the Property in order to maintain within the Property a ivés, successors and assigns, and shall inure to the benefit of each Owner DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS
urden portions of the Property in order to maintain within the Property a ivés, successors and assigns, and shall inure to the benefit of each Owner DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS SHEPHERDS GLEN November 16, 2022 Page 2 of 32 Shelley Coston, Bell County TX Clerk ARTICLE 1 — DEFINITIONS “ssssssisssssssssscssssssssssevsssisssssevsveevevesssvesersvesvssesoses i ARTICLE 2— PROPERTY SUBJECT TO DOCUMENTS 2.1.
22: 2S: 2.4.
TABLE OF CONTENTS PROPERTY PLAT DEDICATIONS, EASEMENTS & RESTRICTION AREA OF COMMON RESPONSIBILITY STREETS WITHIN PROPERTY UTILITY EASEMENT MINERAL RIGHTS SECURITY VILLAGE STANDARDS COMMITTEE?* LIMITS ON LIABILITY «0... ees PROHIBITION OF CONSTRUCTIOM® VSC APPROVAL ........004 & everel eal VSC GUIDELINES.............29% NOISE & ODOR sscssssscvsssassuscsavesaass waceatsscveesrerva saree OCCUPANG YY sesscscsrssserecsrveimrnmarsvemnreeceeners Page 3 of 32 DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS SHEPHERDS GLEN i November 16, 2022 Shelley Coston, Bell County TX Clerk Page 4 of 32 ARTICLE 6-ASSOCIATION AND MEMBERSHIP RIGHTS 10 6.1.
BOARD 10 6.2.
THE ASSOCIATION 10 6.3.
GOVERNANCE 10 6.4.
MEMBERSHIP 10 6.5.
VOTING 11 6.6.
VOTING BY CO-OWNERS 11 6.7.
BOOKS & RECORDS 11 6.8.
INDEMNIFICATION 6.9.
OBLIGATIONS OF OWNERS 6.10. TRANSFER-RELATED FEES ARTICLE 7-COVENANT FOR ASSESSMENTS 7.1.
PURPOSE OF ASSESSMENTS 7.2.
PERSONAL OBLIGATION 7.3.
CONTROL FOR ASSESSMENT INCREASES 7.4.
TYPES OF ASSESSMENTS 7.5.
BASIS & RATE OF ASSESSMENTS 7.6.
ANNUAL BUDGET 7.7.
DUE DATE 7.8.
RESERVE FUNDS 7.9.
LIMITATIONS OF INTEREST ARTICLE 8– ASSESSMENT LIEN 8.1. ASSESSMENT LIEN 8.2. SUPERIORITY OF ASSESSMENT LIEN 8.3. EFFECT OF MORTGAGEE'S FORECLOSURE 8.4. NOTICE AND RELEASE OF NOTICE 8.5. POWER OF SALE 8.6. FORECLOSURE OF LIEN
ARTICLE 8– ASSESSMENT LIEN 8.1. ASSESSMENT LIEN 8.2. SUPERIORITY OF ASSESSMENT LIEN 8.3. EFFECT OF MORTGAGEE'S FORECLOSURE 8.4. NOTICE AND RELEASE OF NOTICE 8.5. POWER OF SALE 8.6. FORECLOSURE OF LIEN ARTICLE 9-EFFECT OF NONPAYMENT OF ASSESSMENTS 9.1.
INTEREST 9.2. LATE FEES 9.3. COSTS OF COLLECTION 9.4.
ACCELERATION..
9.5.
SUSPENSION OF USE AND VOTE 9.6. MONEY JUDGMENT NOTICE TO MORTGAGEE 98.
FORECLOSURE OF ASSESSMENT LIEN 9.9.
APPLICATION OF PAYMENTS ARTICLE 10-ENFORCING THE DOCUMENTS NOTICE AND HEARING REMEDIES BOARD DISCRETION 10.4. NO WAIVER 10.5.
RECOVERY OF COSTS Unofficial Copy 12 14 14 14 14 14 14 14 14 15 15 15 15 15 15 15 16 16 16 16 16 16 16 16 16 16 17 17 17 11.1.
ARTICLE 11-MAINTENANCE AND REPAIR OBLIGATIONS ASSOCIATION MAINTAINS 11.2. OWNER RESPONSIBILITY 11.3.
OWNER'S DEFAULT IN MAINTENANCE ARTICLE 12-INSURANCE 17 17 17 18 18 DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS SHEPHERDS GLEN ii November 16, 2022 Shelley Coston, Bell County TX Clerk 12.1.
GENERAL PROVISIONS 18 12.2.
PROPERTY 19 12.3.
GENERAL LIABILITY 19 12.4.
DIRECTORS & OFFICERS LIABILITY 19 12.5.
OTHER COVERAGES 19 12.6.
OWNER'S RESPONSIBILITY FOR INSURANCE 19 12.7.
RECONSTRUCTION & REPAIR 19 ARTICLE 13-MORTGAGEE PROTECTION 20 Page 5 of 32 13.1.
13.2.
INTRODUCTION MORTGAGEE RIGHTS 13.3. INSURANCE POLICIES ARTICLE 14-AMENDMENTS 14.1.
CONSENTS REQUIRED 14.2. METHOD OF AMENDMENT 14.3.
EFFECTIVE 14.4.
MERGER 14.5.
TERMINATION 14.6.
CONDEMNATION 15.2.
15.3. NOTICE 15.4.
NEGOTIATION 15.5.
15.6.
ARTICLE 15-DISPUTE RESOLUTION 15.1. INTRODUCTION & DEFINITIONS MANDATORY PROCEDURES Copy 21 21 21 21 21 22 22 22 MEDIATION 22 TERMINATION OF MEDIATION 15.8.
15.9.
15.10.
16.1.
15.7. ALLOCATION OF COSTS ENFORCEMENT OF RESOLUTION GENERAL PROVISIONS OLOTION.
LITIGATION APPROVAL & S
URES Copy 21 21 21 21 21 22 22 22 MEDIATION 22 TERMINATION OF MEDIATION 15.8.
15.9.
15.10.
16.1.
15.7. ALLOCATION OF COSTS ENFORCEMENT OF RESOLUTION GENERAL PROVISIONS OLOTION.
LITIGATION APPROVAL & S ARTICLE 16-GENERAL PROVISIONS 16.2. HIGHER AUTHORITY 16.3.
22 23 23 23 23 24 24 24 24 LIBERAL CONSTRUCTION 24 24 24 24 INTERPRETATION 24 DURATION 24 PREPARER 24 SIGNED AND ACKNOWLEDGED 25 APPENDIX A – DESCRIPTION OF SUBJECT LAND 26 DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS SHEPHERDS GLEN iii November 16, 2022 Shelley Coston, Bell County TX Clerk Page 6 of 32 PURPOSE This amended and restated Declaration of Covenants, Conditions & Restrictions for Shepherds Glen is made by Shepherds Glen Village Association, a Texas nonprofit corporation, on the date signed below.
ARTICLE 1 DEFINITIONS DEFINITIONS. The following words and phrases, whether or not capitalized, have specified meang used in the Documents, unless a different meaning is apparent from the context in which the word o used.
1.1. “Applicable Law” means the statutes and public laws and Ordinances in effect at the fj Documents is applied and pertaining to the subject matter of the Document provision. & specifically referenced in the Documents are “Applicable Law” on the date of the Doeume to apply to the Project if they cease to be applicable by operation of law, or if the one or more other statutes or ordinances.
1.2. “Area of Common Responsibility” means those portions of replacement of which is the responsibility of the Association, includ of Common Responsibility, as described in Section 2.4 below.
e-Mmaintenance, repair, or b Commons, and other Areas 1.3. “Assessment” means any charge levied against a lot or dywnx by the Association, pursuant to the Documents
as described in Section 2.4 below.
e-Mmaintenance, repair, or b Commons, and other Areas 1.3. “Assessment” means any charge levied against a lot or dywnx by the Association, pursuant to the Documents or State law, including but not limited to Regular Assessments, Syecial Assessments, individual Assessments, ded from time to time. An a reais exhibit, schedule, or certification accompanying 1.7. “Documents” ngeg ing Standards, ite Asso: aos) a & are 1.9. “Majority” means more than half.
1.10. “Member” means a member of the Association, each member being an owner of a lot, unless the context indicates that member means a member of the board or a member of a committee of the Association.
1.11. “Owner” means a holder of recorded fee simple title to a lot. Contract sellers and mortgagees who acquire title to a lot through a deed in lieu of foreclosure or through judicial or nonjudicial foreclosure are owners. Persons or entities having ownership interests merely as security for the performance of an obligation are not owners.
Every owner is a member of the Association.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 1 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 7 of 32 1.12. “Plat” means all plats, singly and collectively, recorded in the Real Property Records of Bell County, Texas, and pertaining to Shepherds Glen, including all dedications, limitations, restrictions, easements, and reservations shown on the plat, as it may be amended from time to time. The initial plat, titled “Final Plat of Shepherd's Glen Subdivision,’ was recorded on September 24, 2002, in Cabinet C, Slide 306-B, C, Plat Records, Bell County, Texas. A replat, titled “Final Plat of Shepherds Glen Subdivision, Lots 12, 19, 20, 24 and 25 was recorded on
s recorded on September 24, 2002, in Cabinet C, Slide 306-B, C, Plat Records, Bell County, Texas. A replat, titled “Final Plat of Shepherds Glen Subdivision, Lots 12, 19, 20, 24 and 25 was recorded on January 23, 2009, in Cabinet D, Slide 256C, Plat Records, Bell County, Texas.
1.13. “Property” or “Village” means all the land subject to this Declaration and all improvements, easements, rights, and appurtenances to the land. The name of the Property is Shepherds Glen. The Property is located on land described in Appendix A to this Declaration and includes every lot and any common area thereo 1.14. “Resident” means an occupant of a dwelling, regardless of whether the person owns the lot¢ as Federal ssociation (Kaniie Mae). The ees) ancinppptions nor as Home Loan Mortgage Corporation (Freddie Mac) or Federal National Mortgage 4 use of this term and these Institutions may not be construed as a limitation.on.a a representation that the Property is approved by any institution.
1.17. “Village Commons,” also known as the “common areas,” c@ adjacent to the Property, even if located on a lot or a public right-of-we Q dintained by the Association; (3) in the Property that are not publicly dedicated, ¢ streets and which are intended for the use, the private streets, being all streets, alleys, and cul-de-sacs\y and any fixtures and improvements on or appurtenant to the 1.19. “VSC” means the Village DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 2 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 8 of 32 ARTICLE 2 PROPERTY SUBJECT TO DOCUMENTS _ 2.1. PROPERTY. The real property described in Appendix A is held, transferred, said, conveyed, leased, occupied, used, insured, and encumbered subject to the terms, covenants, conditions, restrictions, liens, and
Y. The real property described in Appendix A is held, transferred, said, conveyed, leased, occupied, used, insured, and encumbered subject to the terms, covenants, conditions, restrictions, liens, and easements of this Declaration, which run with the Property and bind all parties having or acquiring any right, title, or interest in the Property, their heirs, successors, and assigns, and inure to the benefit of each owner of the Property.
reservations shown or cited on the plat, which is incorporated herein by reference. Each owner, & interest in or title to a lot, whether or not it is so expressed in the instrument of conveyance, cov€lra and (3) all private streets in the Property con Brigadoon.
streets Sand which argAugend d for thé not limited to curb ég s ‘S WITHIN PROPERTY. Because streets and cul-de-sacs within the Property (hereafter “streets”) are capable of being converted from publicly dedicated to privately owned, and vice versa, this Section addresses both conditions. Private streets are part of the common area, which is governed by the Association. Public streets are part of the common area only to the extent they are not maintained or regulated by the city or county. To the extent not prohibited by public law, the Association, acting through the board, is specifically authorized to adopt, amend, repeal, and enforce rules, regulations, and procedures for use of the streets - whether public or private including but not limited to: a. Identification of vehicles used by owners and residents and their and guests.
b. Designation of speed limits and parking or no-parking areas.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 3 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 9 of 32
b. Designation of speed limits and parking or no-parking areas.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 3 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 9 of 32 ce. Removal or prohibition of vehicles that violate applicable rules and regulations.
d. Fines for violations of applicable rules and regulations.
e. Programs for controlling access through entrance gates, if any.
f. Fees related to the device by which residents operate entrance gates, if any.
ARTICLE 3 PROPERTY EASEMENTS AND RIGHTS 3.1. GENERAL. In addition to other easements and rights established by the Documents, to the easements and rights contained in this Article.
6 the Property, such as registration of water sfrict is a taxing authority to which the Property wells. Also, the Clearwater Underground Wate is subject.
ner is granted a right and easement of enjoyment over gin, subject to other rights and easements contained in the else necessary to properly maintain and furnish utility service to the Property; provided, however, this easement may not be exercised without prior notice to the board. Utilities may include, but are not limited to, water, sewer, trash removal, electricity, gas, telephone, master or cable television, and security.
3.7. MINERAL RIGHTS. Some or all of the Property may be subject to a previous owner's reservation of oil, gas, or mineral rights pursuant to one or more deeds recorded in the Real Property Records of Bell County, Texas, _ including but not limited to rights to all oil, gas, or other minerals lying on, in, or under the Property and surface rights of ingress and egress. Because the deed reserving the mineral interest was recorded prior to this Declaration,
to all oil, gas, or other minerals lying on, in, or under the Property and surface rights of ingress and egress. Because the deed reserving the mineral interest was recorded prior to this Declaration, it is a superior interest in the Property and is not affected by any provision to the contrary in this Declaration. By DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 4 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 10 of 32 accepting title to or interest in a lot, every owner acknowledges the existence of the mineral right or reservation referenced in this Section and its attendant rights in favor of the owner of the mineral interest.
3.8. SECURITY. The Association may, but is not obligated to, maintain or support certain activities within the Property designed, either directly or indirectly, to improve safety in or on the Property. Each owner and resident acknowledges and agrees, for himself and his guests, the Association, and their respective directors, officers, committees, agents, and employees are not providers, insurers, or guarantors of security within the Property. Each owner and resident acknowledge and accepts his sole responsibility to provide security for his own person and property, and assumes all risks for loss or damage to same. Each owner and resident further acknowledges that the Association, and their respective directors, officers, committees, agents, and employees have¢nig representations or warranties, nor has the owner or resident relied on any representation or warranty ess or implied, including any warranty of merchantability or fitness for any particular purpose, rela burglar, and/or intrusion systems recommended or installed, or any security measures unge€
arranty ess or implied, including any warranty of merchantability or fitness for any particular purpose, rela burglar, and/or intrusion systems recommended or installed, or any security measures unge€ officers, committees, agents, and employees may not be held liable for any loss or damage provide adequate security or ineffectiveness of security measures undertaken.
3.9. RISK. Each resident uses all common areas at his own risk.
unsupervised. Each resident is solely responsible for his own safety 4.1. PURPOSE. Because the lots are part of a single, w the design, use, and appearance of the lots ai m value and architectural harmony. One purpose wLAh quality, and harmony by which the Prope improvements and modifications that may }é in comparison to then existing impyoy e e’VSC consists of 3 persons appointed by the Board, pursuant e bdard may act as the VSC. Ifthe Board acts as the VSC, all references ed to mean the Board. Members of the VSC must be owners and C will review all submittals with respect to taste, design, and all standards C will make their recommendation and present it to the Board with all supporting all proposed construction and alterations. The members of the VSC have no liability ade in good faith, and which are not arbitrary or capricious. The VSC is not responsible written approval, a person may not construct a dwelling or make an addition, alteration, improvement, installation, modification, redecoration, or reconstruction of or to the Property, if it will be visible from a street, another lot, or the common area. The VSC has the right but not the duty to evaluate every aspect of construction, landscaping, and property use that may adversely affect the general value or appearance of the Property. BEFORE MAKING
The VSC has the right but not the duty to evaluate every aspect of construction, landscaping, and property use that may adversely affect the general value or appearance of the Property. BEFORE MAKING ANY IMPROVEMENT OR ALTERATION TO A LOT OR DWELLING, A BUILDER OR OWNER MUST APPLY FOR THE VSC'S PRIOR WRITTEN APPROVAL.
4.5. VSC APPROVAL. To request VSC approval, an owner must make written application and submit 2 identical sets of plans and specifications showing the nature, kind, shape, color, size materials, and locations of the work to be performed. The application must clearly identify any requirement of this Declaration for which a variance DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 5 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 11 of 32 is sought. The VSC will return one set of plans and specifications to the applicant marked with the VSC's response, such as “Approved”, “Denied”, or “More Information Required”. The VSC will retain the other set of plans and specifications, together with the application, for the Association's files. Verbal approval by a director, officer, member of the VSC, or the Association's manager does not constitute VSC approval, which must be in writing.
4.5.1. Deemed Approval. If the VSC falls to respond in writing - negatively, affirmatively, or request additional information within 30 days after the VSC's actual receipt of the owner's application, the owner may submit a second request for processing of its original application. Ifthe board falls to respond within 15 days after the board's actual receipt of the owner's second request, the owner's application is deemed specifications which accompanied his application, and provided he initiates and
respond within 15 days after the board's actual receipt of the owner's second request, the owner's application is deemed specifications which accompanied his application, and provided he initiates and improvement in a timely manner. In exercising deemed approval, the burden is on the owfe the board's actual receipt of the owner's initial application and second request.
4.5.2. No Approval Required. No approval is required for an owner to remodel a dwelling.
4.5.3. Building Permit. If the application is for work that requires-e-huilding I $Cs approval is conditioned on the issuance of the appropriate permit. The 26.4 2 afis and specifications does not mean that they comply with public codes and i eg YAlterfiatively, approval by a permitting authority does not ensure VSC approval.
4.6. VSC GUIDELINES. The Association may publis!
developed by the VSC, subject to revision from time to time} style, and taste. The Association, acting through the VS restrictions, guidelines, and standards relating to every’ gspecth\oNprdposed or existing improvements on a lot, including but not limited to dwellings, tee i modifications of original construction or installafj shitectural se tfons, guidelines, and standards ding revisions to reflect changes in technology, et-On every lot must have the characteristics described in the Village Standards, which minimum requirements for improving and using a lot. The VSC and the Board may granted the right to adopt, amend, repeal, and enforce reasonable rules, and penalties for infractions thereof regarding the occupancy, use, disposition, maintenance, appearance, and enjoyment of the Property. In addition to the restrictions contained in this Article, each lot is owned and occupied subject to the right of the board to
use, disposition, maintenance, appearance, and enjoyment of the Property. In addition to the restrictions contained in this Article, each lot is owned and occupied subject to the right of the board to establish Rules, and penalties for infractions thereof, governing: a. Use of common areas.
b. Hazardous, illegal, or annoying materials or activities on the Property.
c. The use of Property-wide services provided through the Association DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 6 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 12 of 32 d. The consumption of utilities billed to the Association.
e. The use maintenance and appearance of exteriors of dwellings and lots.
f. Landscaping and maintenance of yards.
g. The occupancy and leasing of dwellings.
h. Animals.
i. Vehicles.
j. Disposition of trash and control of vermin, termites, and pests.
k. Anything that interferes with maintenance of the Property, operation of the Asseeig istration of the Documents, or the quality of life for resident.
the owner is present or otherwise in a mobile pen or coop approved through the subdivision. Chickens shall be cared for so asafO{to cause hujsanceOdors. Customary domesticated adopt, amend, and repeal rules regulating the types, size: Ss, locations, and behavior of animals at the Property. If the rules fail to establish animal occupancy gfiota qor§than 6 dogs and/or cats may be maintained on each lot. Pets must be kept in a manner thas Pets must be maintained inside the dwelling; s R yard or GPS boundary area only if they do not di ufside permanently and may be kept in a fenced é of other lots.
e bed in any way that: (1) may reasonably be considered reduce the desirability of the Property as a residential
only if they do not di ufside permanently and may be kept in a fenced é of other lots.
e bed in any way that: (1) may reasonably be considered reduce the desirability of the Property as a residential afety of residents of other lots; (4) may result in the cancellation gs any law. The board has the sole authority to determine what 5.5. ANNOYANCE. No lot or ren annoying to notte @) t mg of insurance on the Propeft} constitutes an annoyance.
5.6. APPEARANCE. Beththe and the dwelling must be maintained in a manner so as not to be unsightly when viewed from thé éighboring lots. The VSC is the arbitrator of acceptable appearance standards.
5.7. DECORA 3 Hnaitattont g ; mailboxes, decorative hardware, external ornamentation, light fixtures, pole lamps, Stain, must have the prior written approval of the VSC, which may specify the design, 5.9. DRIVEWAYS. The driveway portion of a lot may not be used for any purpose that interferes with its ongoing use as a route of vehicular access to the garage and parking vehicles. Without the board's prior approval, a driveway may not be used: (1) for storage purposes, including storage of boats, trailers, lawn equipment and inoperable vehicles; or (2) for major repair or restoration of vehicles. Routine maintenance and minor repairs that do not exceed 7 days are acceptable.
5.10. FIRES. Except for barbecue grills, small fire pits and outdoor fireplaces no exterior fires on the Property are permitted. Burning of cuttings associated with maintenance of the subdivision is allowed when deemed necessary by the Board provided it complies with requirements of Bell County.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 7 ’ SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 13 of 32
Board provided it complies with requirements of Bell County.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 7 ’ SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 13 of 32 5.11. GARAGES. Without the board's prior written approval, the original garage area of a lot may not be enclosed that prohibits the access of two standard-size operable vehicles therein. Garage doors are to be kept closed at all times except when a vehicle is oniteuinng or leaving, or activity is taking place in the garage. Garage doors must be closed overnight.
5.12. GUNS. Hunting and shooting are not permitted anywhere on or from the Property.
5.13. HOOPS. Without the VSCs prior written approval, basketball goals and other recreational or sporting the Documents and notifying him of changes thereto. Failure by the Documents, federal or state law, or local ordinance is deemed to be défa notifies an owner of his tenant's violation, the owner will promptly o rights as a landlord for tenant's breach of lease. If the tenant's violatioy is unable, unwilling, or unavailable to obtain his tenant's cofPi easé. When the Association 's compliance or exercise his with enforcement of the Documents against his, Los including lost rents, suffered by the owner in r the owner's tenant.
5.15.1. Short Term Leases.
Breakfast (AirBnB) or si terms are six months.
does not include short term leasing for Air Bed and hich is specifically prohibited. Minimum allowable lease 5.16. NOISE & ODOR. A disturbing, or objectionab lots.
ise reasonable care to avoid making or permitting to be made loud, ious odors that are likely to disturb or annoy residents of neighboring 5.17. OCCUPANCY.
as a residence gtan ayy person. This provision applies, without limitation, to the garage, mobile homes,
loud, ious odors that are likely to disturb or annoy residents of neighboring 5.17. OCCUPANCY.
as a residence gtan ayy person. This provision applies, without limitation, to the garage, mobile homes, ecreational vehicles for visiting guests may be parked in driveways for no more evidents of the uses; 4) the uses do not entail visits to the lot by employees or the public | in quantities that materially increase the number of vehicles parked on the street; and (5) the uses do not interfere with residents!
use and enjoyment of neighboring lots.
5.19. SCREENING. The VSC may require that the following items be screened from the view of the public and neighboring lots and dwellings, if any of these items exists on the lot: (1) air conditioning equipment; (2) satellite reception equipment; (3) clotheslines, drying racks, and hanging clothes, linens, rugs, or textiles of any kind; (4) yard maintenance equipment; (5) wood piles and compost piles; (6) accessory structures that do not have prior approval of VSC; (7) garbage cans and refuse containers; (8) anything determined by the board to be unsightly or inappropriate for a residential subdivision. Screening may be achieved with fencing, or with plant material, DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 8 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 14 of 32 such as trees and bushes, or any combination of these. As used in this Section, ‘screened from view' refers to the view of a person in a passenger vehicle driving on street or alley, or the view of a person of average height standing in the middle of a yard of an adjoining lot.
5.20. SEPTIC TANKS. As originally developed, each lot will have a septic tank system. The materials and
or the view of a person of average height standing in the middle of a yard of an adjoining lot.
5.20. SEPTIC TANKS. As originally developed, each lot will have a septic tank system. The materials and methods used to install, construct, maintain, repair, and replace, as needed, the septic tank system must conform with the applicable requirements of the State of Texas and local authorities having jurisdiction. The owner of a lot must ensure that his septic tank conforms to applicable requirements of the State of Texas and local authorities having jurisdiction, and that it remains in compliance. Public regulatory agencies include, without limitation, city and county departments of public works and the Texas Commission on Environmental Quality. Ea have its own septic tank. Lots may not share septic tanks. The owner, solely at the owner's expense, p us and operate the septic tank in a manner that is satisfactory to the public regulatory agencies.
maintain his septic tank in a manner that prevents odors that are objectionable to residents of-o end of 48 hours. Owners failing to remove the sign(s) promptly willbe .d, ferSign or unsightly object may be erected, placed, or permitted to remain on the Property or to Be visiblg frpm windows in.the dwelling object that violates this Section or which the Board deem inégnsistent with neighborhood standards ‘wilhiot liability for trespass or any other liability connected with the.ré 5.22. TELEVISION. Each resident of the Pro unreasonably interfere with the television, radi easufement and designed to receive video programming services ollectively, the “Antenna”) are permitted if located (a) inside the asMot to be visible from outside the structure, (b) in a fenced yard, or H of a structure below the eaves.
ideo programming services ollectively, the “Antenna”) are permitted if located (a) inside the asMot to be visible from outside the structure, (b) in a fenced yard, or H of a structure below the eaves.
pmes, are prohibited (not allowed). However, an owner or € actor may maintain a temporary structure (such as a portable toilet or construction trailer) on the lot during construction of the dwelling.
5.24. VEHICLES. All vehicles on the Property, whether owned or operated by the residents or their families and guests, are subject to this Section and Rules adopted by the board. The board may adopt, amend, and repeal rules regulating the types, sizes, numbers, conditions, uses, appearances, and locations of vehicles on the Property.
Without prior written board approval, the following types of vehicles and vehicular equipment-mobile or otherwise may not be kept, parked, or stored anywhere on the Property if the vehicle is visible from a street or from another lot: mobile homes, motor homes, buses, trailers, boats, aircraft, inoperable vehicles, commercial truck cabs, trucks with tonnage over one ton, vehicles which are not customary personal passenger vehicles, and any vehicle which the board deems to be a nuisance, unsightly, or inappropriate. Recreational vehicles may be DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 9 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 15 of 32 parked in driveways for up to seven days; while loading or unloading in preparation for travel or on return from travel or for visiting guests. This restriction includes overnight parking on streets and alleys in excess of 72 hours.
This restriction does not apply to vehicles and equipment temporarily on the Property in connection with the
s. This restriction includes overnight parking on streets and alleys in excess of 72 hours.
This restriction does not apply to vehicles and equipment temporarily on the Property in connection with the construction or maintenance of a dwelling. Vehicles that transport flammable or explosive cargo are prohibited from the Property at all times. The Association may affect the removal of any vehicle in violation of this Section or the Rules without liability to the owner or operator of the vehicle.
5.25. WINDOW TREATMENTS. All window treatments within the dwelling that are visible from the street or another dwelling must be maintained in good condition and must not detract from the appearance of the Property.
and may require the use of a uniform color or type of window treatment.
5.26 FIRE HYDRANTS. Owners of lots containing a fire hydrant are responsible for en and its operating valve are fully and easily accessible to emergency responders. The exposed on all sides such that the flange and bolt heads are flush with grade. The pa the operating valve must extend at least 3-feet in all directions from the center of box between the hydrant and the water main must be kept clear of obs the surrounding grade is generally higher than the flange, then a retg ed to oe setting it flush 0 allow unobstructed access the Documents to the “Association” may ye ed ‘tg mean “the Association acting. through its Board of directors.”
6.2. THE ASSOCIATION. Tie Gu ad“powers of the Association are those set forth in the Documents, together with the general Anji }mpKe i organized under the laws & lawful and necessary, propé members, subject only,-te finveta exist aleast as long as the Declaration is effective against the Property, regardless {cha erjlapses from time to time.
d under the laws & lawful and necessary, propé members, subject only,-te finveta exist aleast as long as the Declaration is effective against the Property, regardless {cha erjlapses from time to time.
sXas. Generally, the Association may do any and all things that are > in operating for the peace, health, comfort, and general benefit of its 6.4. MEMBERSHIP. Each owner is a member of the Association, ownership of a lot being the sole qualification for membership. Membership is tied to and part of, and may not be separated from ownership of the lot. The board may require satisfactory evidence of transfer of ownership before a purported owner is entitled to vote at meetings of the Association. If a lot is owned by more than one person or entity, each co-owner is a member of the Association and may exercise the membership rights appurtenant to the lot. A member who sells his lot under a contract for deed may delegate his membership rights to the contract purchaser, provided a written assignment is delivered to the board. However, the contract seller remains liable for all assessments attributable to his lot until fee title to the lot is transferred.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 10 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 16 of 32 6.5. VOTING. One vote is appurtenant to each lot. The total number of votes equals the total number of lots in the Property. If additional property is made subject to this declaration, the total number of votes will be increased automatically by the number of additional lots or tracts. Each vote is uniform and equal to the vote appurtenant to every other lot. Cumulative voting is not allowed. Votes may be cast by written proxy, according to the requirements of the Association's bylaws.
h vote is uniform and equal to the vote appurtenant to every other lot. Cumulative voting is not allowed. Votes may be cast by written proxy, according to the requirements of the Association's bylaws.
6.6. VOTING BY CO-OWNERS. The one vote appurtenant to a lot is not divisible. If only one of the multiple co-owners of a lot is present at a meeting of the Association, that person may cast the vote allocated to the lot. If more than one of the co-owners is present, the lot's one vote may be cast with the co-owners’ unanimous agreement. Co-owners are in unanimous agreement if one of the co-owners casts the vote and no other makes prompt protest to the person presiding over the meeting. Any co-owner of a lot may vote b proxy, and may register protest to the casting of a vote by ballot or proxy by the other co-owness. [Pha person presiding over the meeting or balloting receives evidence that the co-owners disagree on how she vote will be cast, the vote will not be counted.
6.8. INDEMNIFICATION. The Association indemnifies every off purposes of this Section, Leaders) against expenses, including atto on the Leader in connection with an action, suit, or proceeding to wh or having been a Leader. A Leader is not liable for a mistaRe ommittee member (for ably incurred by or imposed ddef is a party by reason of being egligent or otherwise. A Leader is had faith, This right to indemnification does not ation with the following information: (1) a copy of the recorded (2) the.owner's address, phone number, and driver's license number, gwner will pay assessments properly levied by the Association against the ay regular assessments without demand by the Association.
. Each owner is liable to the Association for violations of the Documents by the owner, a
ments properly levied by the Association against the ay regular assessments without demand by the Association.
. Each owner is liable to the Association for violations of the Documents by the owner, a e/owner's lot, or the owner or resident's family, guests, employees, agents, or invitees, and for agents, or invitees.
6.10. TRANSFER-RELATED FEES. A number of independent fees may be charged in relation to the transfer of title to a lot, including but not limited to fees for resale certificates, estoppel certificates, copies of the Documents, compliance inspections, ownership record changes, and priority processing, provided the fees are customary in amount, kind, and number for the local marketplace. Transfer-related fees are not refundable and may not be regarded as a prepayment of or credit against regular or special assessments. Transfer-related fees do not apply to the following transfers unless a party to the transfer requests the corresponding documentation: (1) foreclosure of a deed of trust lien, tax lien, or the Association's assessment lien; (2) transfer to, from, or by the Association; (3) voluntary transfer by an owner to one or more co-owners, or to the owner's spouse, child, or parent. TransferDECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 1] SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 17 of 32 related fees may be charged by the Association or by the Association's managing agent, provided there is no duplication of fees.
Transfer-related fees charged by or paid to a managing agent must have the prior written approval of the Association are not subject to the Association's assessment lien, and are not payable by the Association. This Association, does not obligate the board or the manager to levy transfer-related fees.
he Association are not subject to the Association's assessment lien, and are not payable by the Association. This Association, does not obligate the board or the manager to levy transfer-related fees.
ARTICLE 7 COVENANT FOR ASSESSMENTS 7.1. PURPOSE OF ASSESSMENTS, The Association will use assessments for the general purposé and enhancing the Property, and for the common benefit of owners and residents, including-bv reasonably related to the purposes for which the Property was developed. If made in decision with respect to the use of assessments is final.
addition to other rights granted to owners by this Declaration, ls over the Association's budget: petition or at a meeting of the Association. In that event, the last-approved budget a revised budget is approved.
OF ASSESSMENTS. There are 5 types of assessments: Regular, Special, Individual, and Deficiency.
7.4.1. Regular Assessments. Regular assessments are based on the annual budget. Each lot is liable for its equal share of the annual budget. If the board does not approve an annual budget or fails to determine new regular assessments for any year, or delays in doing so, owners will continue to pay the regular assessment as last determined. If during the course of a year the Board determines that regular assessments are insufficient to cover the estimated common expenses for the remainder of the year, the board may increase regular assessments for the remainder of the fiscal year in an amount that covers the estimated deficiency.
Regular assessments are used for common expenses related to the reoccurring, periodic, and anticipated responsibilities of the Association, including but not limited to: DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 12 SHEPHERDS GLEN November 16, 2022
to the reoccurring, periodic, and anticipated responsibilities of the Association, including but not limited to: DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 12 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk . Page 18 of 32 a. Maintenance, repair, replacement, and beautification as necessary, of the Area of Common Responsibility, including the Village Commons.
b. Retirement of debt c. Utilities billed to the Association.
d. Services billed to the Association and serving all lots.
e. Taxes on property owned by the Association and the Association's income taxes. Ma legal, accounting, auditing, and professional fees for services to the Association.
f. Management, legal, accounting, auditing, and professional fees for services to the?
g. Costs of operating the Association, such as telephone, printing, meeting ex opportunities of benefit to the Association.
h. Premiums and deductibles on insurance policies and bonds dee desirable for the benefit of the Association, including fidelipy insurance.
i. Contributions to the reserve funds.
7.4.2. Special Assessments. In additi assessment increases, the board may le e that may reasonably be expected to significantly increase the Association's and financial obligation for operations, insurance, maintenance, repairs, or idual assessment against a lot and its owner. Individual assessment may but are not limited to: est, late charges, and collection costs on delinquent assessments; reimbursement for costs incurred bringing an owner or his lot into compliance with the Documents; fines for violations of the Documents; insurance deductibles; transfer-related fees and resale certificate fees; fees for estoppel letters and project documents; reimbursement for damage or waste caused by willful or negligent acts;
ments; insurance deductibles; transfer-related fees and resale certificate fees; fees for estoppel letters and project documents; reimbursement for damage or waste caused by willful or negligent acts; common expenses that benefit fewer than all of the lots, which may be assessed according to benefit received; fees or charges levied against the Association on a per/lot basis; and “pass through” expenses for services to lots provided through the Association and which are equitably paid by each lot according to benefit received.
7.4.4. Deficiency Assessments. The board may levy a deficiency assessment against all lots for the purpose of defraying, in whole or in part, the cost of repair or restoration if insurance proceeds or condemnation awards prove insufficient.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 13 SHEPHERDS GLEN ; November 16, 2022 Shelley Coston, Bell County TX Clerk Page 19 of 32 7.5. BASIS & RATE OF ASSESSMENTS. The share of liability for common expenses allocated to each lot is uniform for all lots, regardless of a lot’s location or the value and size of the lot or dwelling.
7.6. ANNUAL BUDGET. The board will prepare and approve an estimated annual budget for each fiscal year.
The budget will take into account the estimated income and expenses for the year, contributions to reserve funds, The board will provide copies of the detailed budget to owners who make written request and pé copy charge.
7.7. DUE DATE. The board may levy regular assessments on any periodic basis - af quarterly, or monthly. Regular assessments are due on the first day of the period for-whi individual assessments are due on the date stated in the notice of assessment or, days after notice of the assessment is given. Assessments are delinquent j before the due date.
of the period for-whi individual assessments are due on the date stated in the notice of assessment or, days after notice of the assessment is given. Assessments are delinquent j before the due date.
éd_Special and ed, within 10 7.8. RESERVE FUNDS, The Association will establish, maintain, @ for replacement and repair. The Association must budget for rese assessments.
¢ reserves for operations and nd reserves out of regular determined by the Board to be sufficient to covey‘the contingencies, including the full amount 0 bjes 7.8.2. Replacement & Repair Reserves. The level that anticipates the scheduled rep ¢ of Common Responsibility. > s of the State of Texas. Notwithstanding anything to the contrary greement executed or made in connection with the Association's will not in any event be entitled to receive or collect, as interest, a sum itted by applicable law. If from any circumstances whatsoever, the Association ever recg the excess amount the owner if ves;coliect’ bea ed to the reduction of unpaid special and regular assessments, or reimbursed to sSessmefits/a ARTICLE 8 ASSESSMENT LIEN SSMENT LIEN. Each-owner, by accepting an interest in or title to a lot, whether or not it is so expressed in the instrument of conveyance, covenants and agrees to pay assessments to the Association. Each assessment is a charge on the lot and is secured by a continuing lien on the lot. Each owner, and each prospective owner, is placed on notice that his title may be subject to the continuing lien for assessments attributable. to a period prior to the date he purchased his lot.
8.2. SUPERIORITY OF ASSESSMENT LIEN. The assessment lien is superior to all other liens and encumbrances on a lot, except only for (1) real property taxes and assessments levied by government and taxing
2. SUPERIORITY OF ASSESSMENT LIEN. The assessment lien is superior to all other liens and encumbrances on a lot, except only for (1) real property taxes and assessments levied by government and taxing authorities, (2) a deed of trust or vendor's lien recorded before this Declaration, (3)a recorded deed of trust lien securing a loan for construction of the original dwelling; and (4)a first or senior purchase money vendor's lien or deed of trust lien recorded before the date on which the delinquent assessment became due. The assessment lien DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 14 SHEPHERDS GLEN : November 16, 2022 Shelley Coston, Bell County TX Clerk Page 20 of 32 is subordinate and inferior to a recorded deed of trust lien that secures a first or senior purchase money mortgage, an FHA-Insured mortgage, or a VA-guaranteed mortgage.
Yes, the HOA can foreclose!
If you fail to pay assessments to the Association, you may lose title to your home if the Association forecloses its assessment lien against your lot.
8.3. EFFECT OF MORTGAGEE'S FORECLOSURE. Foreclosure of a superior lien exting Association's claim against the lot for unpaid assessments that became due before the sale, but doessre this Declaration, which constitutes record notice and verfection of the lien. No ath of lien i is required. However, the Association, at its option, may cause gXts to the Association a private assessmé . The Board may appoint, from bstitute trustee, or attorney, to exercise the time to time, any person, including an officer, agent, trush € Association's lien rights on behalf of the Association, i writing and may be in the form of a resolution recordeg i 8.6. FORECLOSURE OF LIEN. The assessmen foreclosure must comply with the requiremepts such as Chapter 209 of the
behalf of the Association, i writing and may be in the form of a resolution recordeg i 8.6. FORECLOSURE OF LIEN. The assessmen foreclosure must comply with the requiremepts such as Chapter 209 of the sale and to acquire, hold, fe lien if the debt consists ste es/and/or a claim for reimbursement of attorney's fees incurred by the Association.
ARTICLE 9 EFFECT OF NONPAYMENT OF ASSESSMENTS linquent if the Association does not receive payment in full by the assessment's due date. The through the board, is responsible for. taking action to collect delinquent assessments. The manager, an attorney, or a debt collector, Neither the board nor the Association, however, is liable to an owner or other person for its failure or inability to collect or attempt to collect an assessment. The following remedies are in addition to and not in substitution for all other rights and remedies which the Association has.
9.1. INTEREST. Delinquent assessments are subject to interest from the due date until paid, at a rate to be determined by the board from time to time, not to exceed the lesser of 18 percent or the maximum permitted by law. If the board falls to establish a rate, the rate is 10 percent per annum.
9.2. LATE FEES. Delinquent assessments are subject to reasonable late fees, at a rate to be determined by the board from time to time.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 15 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 21 of 32 9.3. COSTS OF COLLECTION. The owner of a lot against which assessments are delinquent is liable to the Association for reimbursement of reasonable costs incurred by the Association to collect the delinquent assessments, including attorneys’ fees and processing fees charged by the manager.
liable to the Association for reimbursement of reasonable costs incurred by the Association to collect the delinquent assessments, including attorneys’ fees and processing fees charged by the manager.
9.4. ACCELERATION. If an owner defaults in paying an assessment that is payable in installments, the Association may accelerate the remaining installments on 10 days written notice to the defaulting owner. The entire unpaid balance of the assessment becomes due on the date stated in the notice.
period of delinquency. The Association may also suspend the right to vote appurtenant to the lot. 8 not constitute a waiver or discharge of the owner's obligation to pay assessments.
9.6. MONEY JUDGMENT. The Association may file suit seeking a money judgment agai in the payment of assessments, without foreclosing or waiving the Association's lie : 9.8. FORECLOSURE OF ASSESSMENT LIEN. As provided by thi its lien against the lot by judicial or nonjudicial means.
9.9. APPLICATION OF PAYMENTS. The board may a payments. The Association may refuse to accept partial pay The Association may also refuse to accept payments to to the board's policy for applying payments. Thé\Asso of a payment does not constitute acceptance by posts the payment to the lot's account.
less than the full amount due and payable.
attaches conditions or directions contrary Association may exercise many of its remedies for a violation of the > Association must give an owner written notice and an opportunity for entsand procedures in the bylaws and in applicable law, such as Chapter 209 are also required before an owner is liable to the Association for certain Documents or damage to tk a hearing, according to there 10.2.2. Fine. The Association may levy reasonable charges, as an individual assessment, against an owner
s liable to the Association for certain Documents or damage to tk a hearing, according to there 10.2.2. Fine. The Association may levy reasonable charges, as an individual assessment, against an owner and his lot if the owner or resident, or the owner or resident's family, guests, employees, agents, or contractors violate a provision of the Documents. Fines may be levied for each act of violation or for each day a violation continues, and does not constitute a waiver or discharge of the owner's obligations under the Documents.
10.2.3. Suspension. The Association may suspend the right of owners and residents to use common areas for any period during which the owner or resident, or the owner or resident's family, guests, employees, DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 16 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 22 of 32 agents, or contractors violate the Documents. A suspension does not constitute a waiver or discharge of the owner's obligations under the Documents.
10.2.4. Self-Help. The Association has the right to enter any part of the Property, including lots, to abate or remove, using force as may reasonably be necessary, any erection, thing, animal, person, vehicle, or condition that violates the Documents. In exercising this right, the board is not trespassing and is not liable for damages related to the abatement. The board may levy its costs of abatement against the lot and owner as an individual assessment. Unless an emergency situation exists in the good faith opinion of the board, the board will give the violating owner 15 days notice of its intent to exercise self-help.
for injunctive relief to cause any such violation to be remedied, or both. Prior to commeh
ion of the board, the board will give the violating owner 15 days notice of its intent to exercise self-help.
for injunctive relief to cause any such violation to be remedied, or both. Prior to commeh proceeding, the Association will give the defaulting party reasonable notice and an opportuni violation.
10.3. BOARD DISCRETION. The Board may use its sole discretion in determining fa violation of the Documents, provided the board does not act in an arbitrary or capricious ma alwatifg a particular violation, the board may determine that under the particular circumstances A jatfon's\pésition is not sufficiently strong to justify taking any or further action; (2) the provig e i as inconsistent with applicable law; (3) although a technical violatio as to be objectionable to a reasonable person or to justify expend STATE LAW ARPIMES to many of the Association's enforeentent kights and remedies, oes SS 10.4. NO WAIVER. The Association and covenants, liens, and charges now or hereafter i owner to enforce a provision of the Documep ss notof such a material nature Ation's resources; or (4) that ¢ Pocuments. Failure by the Association or by any of the right to do so thereafter. If the Association does not impair the Association's right to enforce any cer, director, or member of the Association is liable to any at any time.
10.5. RECOVERY OF CO ring or abating a violation are at the expense of the owner or other gal assistance is obtained to enforce any provision of the Documents, or sit is brought) for damages or for the enforcement of the Documents or ents, the prevailing party is entitled to recover from the non-prevailing party all reasonable 4 cre) sary Costs incurred by it in such action, including reasonable attorneys’ fees.
ARTICLE 11
ents or ents, the prevailing party is entitled to recover from the non-prevailing party all reasonable 4 cre) sary Costs incurred by it in such action, including reasonable attorneys’ fees.
ARTICLE 11 MAINTENANCE AND REPAIR OBLIGATIONS ON MAINTAINS. The Association's maintenance obligations will be discharged when and deems appropriate. The Association maintains, repairs, replaces, and beautifies, as a common 11.2. OWNER RESPONSIBILITY. Every owner has the following responsibilities and obligations for the maintenance, repair, and replacement of the Property: 11.2.1. House Maintenance. Each owner, at the owner's expense, must maintain all improvements on the lot, including but not limited to the dwelling, fences, walls, exterior lights and lamps, sidewalks, and driveways, except any area or component designated as a Cottage Common. Maintenance includes preventative maintenance, repair as needed, and replacement as needed. Each owner is expected to maintain their lot's improvements at a level, to a standard, and with an appearance that is commensurate with the DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 17 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 23 of 32 neighborhood. Specifically, each owner must repair and replace worn, rotten, deteriorated, and unattractive materials, and must regularly repaint all painted surfaces.
11.2.2. Yard Maintenance. Each owner, at the owner's expense, must maintain the yards on his lot at a level, to a standard, and with an appearance that is commensurate with the neighborhood and the Village Standards. Unless the Village Standards provide otherwise, each owner must: a. Maintain an attractive ground cover or lawn on all yards visible from a street.
ate with the neighborhood and the Village Standards. Unless the Village Standards provide otherwise, each owner must: a. Maintain an attractive ground cover or lawn on all yards visible from a street.
b. Maintain an attractive appearance for shrubs and trees visible from a street.
c. Periodic mowing, trimming, pruning, or edging, as appropriate for the type of plaf as needed.
d. Maintain lawn weeds or grass so it does not exceed 6-inches in height. I of native field grasses that produce tall stems soon after mowing, the area stems attain approximately 25 percent cover on the lot.
e. Plant material and replacement, as needed.
f. Keep beds and grounds substantially weed-free.
g. Fertilize and water lawns, grounds, trees, hrubs.
h. Control plant-destructive insects and dise i. Remove litter. © j. Maintain a landscape irrigation sy IN MAINTENANCE. If the board determines that an owner has failed to properly to maintain, repair, and replace items for which the owner is responsible, the board may the board may take any action it deems necessary to protect persons or property, the cost of the action being the owner's expense.
ARTICLE 12 INSURANCE 12.1. GENERAL PROVISIONS. All Insurance affecting the Property is governed by the provisions of this Article, with which the Board will make every reasonable effort to comply. The cost of insurance coverages and bonds maintained by the Association is an expense of the Association. Insurance policies and bonds obtained and DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS . 18 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 24 of 32 maintained by the Association must be issued by responsible insurance companies authorized to do business in
NS . 18 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 24 of 32 maintained by the Association must be issued by responsible insurance companies authorized to do business in the State of Texas. The Association must be the named insured on all policies obtained by the Association. Each owner irrevocably appoints the Association, acting through its Board, as his trustee to negotiate, receive, administer, and distribute the proceeds of any claim against an insurance policy maintained by the Association.
Additionally: 12.1.1. Notice of Cancellation or Modification. Each insurance policy maintained by the Association should contain a provision requiring the insurer to give at least 10 days prior written notice to the board before the policy may be canceled, terminated, materially modified, or allowed to expire, by either the insurer or the Insured.
12.1.2. Deductibles. An insurance policy obtained by the Association may contain a reason which will be paid by the party who would be liable for the loss or repair in the abseng Association may obtain liability insurance over, damage resulting from the maintenance of the ation may maintain any insurance policies and bonds deemed by the the benefit of the Association, including but not limited to worker's BILITY FOR INSURANCE. Each owner will obtain and maintain fire and extended pvements on his lot, in an amount sufficient to cover 100 percent of the replacement cost truction in event of damage or destruction from any insured hazard. Further, each owner maintain general liability insurance on his lot The Board may establish additional minimum irements, including types and minimum amounts of coverage, to be individually obtained and
urther, each owner maintain general liability insurance on his lot The Board may establish additional minimum irements, including types and minimum amounts of coverage, to be individually obtained and owners if the insurance is deemed necessary or desirable by, the Board to reduce potential risks to in his dwelling and on the lot, inchiding furnishings, vehicles, and stored items. Within 60 days after the date of damage, the owner will begin repair or reconstruction of any portion of his unit not covered by the Association's blanket insurance policy, subject to the right of the Association to supervise, approve, or disapprove repair or restoration during the course thereof.
The Association does NOT insure the individual houses or their contents.
12.7. RECONSTRUCTION & REPAIR. Promptly after a loss (insured or uninsured) to a house or lot, the owner will obtain reliable and detailed estimates: of the cost of restoring the damaged property. Any damaged or DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 19 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 25 of 32 destroyed improvements on the lot will be repaired and restored substantially as they existed immediately prior to the damage or destruction, or, alternatively, the lot will be cleared of all surface improvements and debris, graded, and seeded. Alternate plans and specifications for repair and restoration must be approved by the VSC.
If an owner fails to repair or restore damage as required by this Section, the Association may (1) make the necessary repairs or (2) remove the damaged improvements from the lot, and may levy an individual assessment against the owner and lot for the cost thereof, after giving the owner reasonable notice of the Association's intent
remove the damaged improvements from the lot, and may levy an individual assessment against the owner and lot for the cost thereof, after giving the owner reasonable notice of the Association's intent to do so, and without liability for trespass or any other liability connected with the repairs or removal.
ARTICLE 13 MORTGAGEE PROTECTION Article, a “Mortgages” is a holder, insurer, or guarantor of a purchagé senior or first deed of trust lien against a lot. Some sections of this Af sections apply to “Eligible Mortgagees,” as defined below.
13.1.1. Known Mortgagees. An owner who mortgages complete name and address of his mortgagee and information on request by the Association from time required by mortgagees will be conclusiyely regard to other holders of liens on lots; and mortgagees.
13.1.2. Eligible Mortgagees, written notice containing ifs of the mortgaged lot, and single notice per lot wiht will maintain this i g means a mortgagee that submits to the Association a ss,fthe loan number, the identifying number and street address actions’ for which the Eligible Mortgagee requests timely notice. A g as the Eligible Mortgagee holds a mortgage on the lot The board 13.2.
b€ approved by at least 51 percent of Eligible Mortgagees, in addition to the required gers. An action to terminate the legal status for reasons other than substantial destruction or must be approved by at least two-thirds of Eligible Mortgagees. The approval of an Eligible y implied when the Eligible Mortgagee fails to respond within 30 days after receiving the Association's written request for approval of a proposed amendment, provided the Association's request was deljvergd by certified or registered mail, return receipt requested.
days after receiving the Association's written request for approval of a proposed amendment, provided the Association's request was deljvergd by certified or registered mail, return receipt requested.
13.2.2. Inspection of Books. Mortgagees may inspect the Association's books and records, including the documents, by appointment, during normal business hours.
13.2.3. Financial Statements. Ifa Mortgagee so requests, the Association will give the Mortgagee an audited statement for the preceding fiscal year within 120 days after the Association's fiscal year-end. A Mortgagee may have an audited statement prepared at its own expense.
13.2.4. Right of First Refusal. Any right of first refusal imposed by the Association with respect to a lease, sale, or transfer of a lot does not apply to a lease, sale, or transfer by a Mortgagee, including transfer by deed in lieu of foreclosure or foreclosure of a deed of trust lien.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 20 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 26 of 32 13.3. INSURANCE POLICIES. If an Underwriting Lender is a Mortgagee or an owner, at the request of the Underwriting Lender the Association will comply with the Underwriting Lender's insurance requirements to the extent the requirements are reasonable and available, and do not conflict with other insurance requirements of this Declaration.
ARTICLE 14 AMENDMENTS be executed by the Board alone. Otherwise, amendments to this declaration must approved by o a majority of the lots.
rument (1) referencing of this Declaration and any ion, certifying the requisite approval of owners and, if required, Eligible Mortgagees; ans é real property records of every county in which the Property is located.
encing of this Declaration and any ion, certifying the requisite approval of owners and, if required, Eligible Mortgagees; ans é real property records of every county in which the Property is located.
amendment to this Declaration. The amendm Upon a merger or consolidation of the Associa’ Association as a surviving corporation purg administer the provisions of the De e established upon any other prope s of this Declaration and the status of the Property as a planned ywing provisions. In the event of substantially total damage, destruction, 4 condemnation. Any condemnation proceeds remaining after completion, or waiver, of the repair ent will be deposited in the Association's reserve funds.
ARTICLE 15 DISPUTE RESOLUTION 15.1. INTRODUCTION & DEFINITIONS. The Association, the owners, all persons subject to this Declaration, and any person not otherwise subject to this Declaration who agrees to submit to this Article (collectively, the “Parties”) agree to encourage the amicable resolution of disputes involving the Property and to avoid the emotional and financial costs of litigation if at all possible. Accordingly, each Party hereby covenants and agrees that this Article applies to all claims as hereafter defined. As used in this Article only, the following words, when capitalized, have the following specified meanings: DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 21 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 27 of 32 15.1.1. “Claim” means any claim, grievance, or dispute between parties involving the properties, except exempt claims as defined below, and including without limitation: a. Claims arising out of or relating to the interpretation, application, or enforcement of the Documents.
lving the properties, except exempt claims as defined below, and including without limitation: a. Claims arising out of or relating to the interpretation, application, or enforcement of the Documents.
b. Claims relating to the design, construction, or maintenance of the Property.
15.1.2. “Claimant” means any Party having a Claim against any other Party.
15.1.3. “Exempt Claims” means the following claims or actions, which are exempt from thé b. An action by a Party to obtain a temporary restraining order or equivalent e such other ancillary relief as the court deems necessary to maintain the stat ability to enforce the provisions of this Declaration.
c. Enforcement of the easements, architectural control, mainteng 15.2. MANDATORY PROCEDURES. Claim any administrative tribunal seeking redress or procedures of this Article, yi in any court or initiate any proceeding before s Claim until Claimant has complied with the 15.3. NOTICE. Claimant must 7 concisely: (1) the nature of the Respondent's role in the Cla out of which the Claim arig the Claim; and (4) that theg de writing of the Claim (the “Notice’), stating plainly and , time, location, persons involved, and of the Claim (i.e., the provision of the Documents or other authority aiyant wants Respondent to do or not do to resolve pursuant to this Section.
15.4. NEGOTIATION. Staimant apd Respondent will make every reasonable effort to meet in person to resolve the Claim by good ne} otiation. Within 60 days after Respondent's receipt of the notice, Respondent and Claimant will yree ly-acceptable place and time to discuss the Claim. At ‘such meeting or at some e, Respondent and Respondent's representatives will have full access to the property
e, Respondent and Claimant will yree ly-acceptable place and time to discuss the Claim. At ‘such meeting or at some e, Respondent and Respondent's representatives will have full access to the property aim for the purposes of inspecting the property. If Respondent elects to take corrective Provide Respondent and Respondent's representatives and agents with full access to the and complete corrective action.
itional days within which to submit the Claim to mediation under the auspices of a mediation center or individual mediator on which the parties mutually agree. The mediator must have at least 5 years of experience serving as a mediator and must have technical knowledge or expertise appropriate to the subject matter of the Claim. If Claimant does not submit the Claim to mediation within the 30-day period, Claimant is deemed to have waived the Claim, and Respondent is released and discharged from any and all liability to Claimant on account of the Claim.
15.6. TERMINATION OF MEDIATION. If the Parties do not settle the Claim within 30 days after submission to mediation, or within a time deemed reasonable by the mediator, the mediator will issue a notice of termination DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 22 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 28 of 32 of the mediation proceedings indicating that the Parties are at an impasse. and the date that mediation was terminated. Thereafter, Claimant may file suit or initiate administrative proceedings on the Claim, as appropriate.
15.7. ALLOCATION OF COSTS. Except as otherwise provided in this Section, each Party bears all of its own costs incurred prior to and during the proceedings described in the Notice, Negotiation, and Mediation sections
OF COSTS. Except as otherwise provided in this Section, each Party bears all of its own costs incurred prior to and during the proceedings described in the Notice, Negotiation, and Mediation sections above, including its attorneys’ fees. Respondent and Claimant will equally divide all expenses and fees charged by the mediator.
15.8. ENFORCEMENT OF RESOLUTION. Any settlement of the Claim through negotiation or mediation will be documented in writing and signed by the Parties. If any Party thereafter fails to abide by the tewn§ of the agreement, then the other Party may file suit or initiate administrative proceedings to enforce the agreement to enforce the agreement is entitled to recover from the non-complying Party all costs incu é excingthe agreement, including, without limitation, attorneys’ fees and court costs.
15.9. GENERAL PROVISIONS, A release or discharge of Respondent from liabili 2 # account of the Claim does not release Respondent from liability to persons who are not pa aim. A Party having an Exempt Claim may submit it to the procedures of this Article.
15.10. LITIGATION APPROVAL & SETTLEMENT. In addition dispute resolution procedures, the Association may not initiate any j istrative proceeding without approval is required (1) to of assestme ) to challenge condemnation endor, or supplier of goods or services to the to assert counterclaims in a proceedings g order or equivalent emergency equitable proceedings; (3) to enforce a contract against a contractd Association; (4) to defend alaims filed against the Assggi relief when circumstances do not provide suffici e ainthe prior consents of owners in order to preserve the status quo. The board, on behalf of the AsSeCjatiol’a bofit the consent of owners, is hereby authorized
circumstances do not provide suffici e ainthe prior consents of owners in order to preserve the status quo. The board, on behalf of the AsSeCjatiol’a bofit the consent of owners, is hereby authorized to negotiate settlement of litigation, and may exectte aay document related thereto, such as settlement agreements and waiver or release of claims. } Sectig ni mended without the approval of owners of at least 75 percent of the lots.
“< DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 23 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 29 of 32 ARTICLE 16 GENERAL PROVISIONS 16.1. COMPLIANCE. The owners hereby covenant and agree that the administration of the Association will be in accordance with the provisions of the Documents and applicable laws, regulations, / and ordinances, as same may be amended from time to time, of any governmental or quasi-governmental entity ‘having jurisdiction over the Association or Property.
16.2. HIGHER AUTHORITY. The Documents are subordinate to federal and state law, and local Generally, the terms of the Documents are enforceable to the extent they do not violate or conflict state, or federal law or ordinance.
DRAFTER'S DICTUM Users of this document should periodically review statutes and court rulings that appears on the records of the Association at the time of mailing.
address for mailing notices, all notices may be sent to the o notice whether or not he actually receives it.
affect any other provision, which eth ains by the enumeration of specific pragttrs’di jons of articles and sections are inserted only for convenience and odifying the text to which they refer. Boxed notices are inserted to alert the reader to certain pow dre not to be construed as defining or modifying the text.
ns are inserted only for convenience and odifying the text to which they refer. Boxed notices are inserted to alert the reader to certain pow dre not to be construed as defining or modifying the text.
efoltawing appendix is attached to this Declaration and incorporated herein by reference: tign of Sybject Land.
ION. Unless terminated or amended by owners as permitted herein, the provisions of this n with and bind the Property, and will remain in effect perpetually to the extent permitted by law.
16.10. PREPARER. The original Declaration was prepared in the law offices of Sharon Reuler of Settle & Pou, P.C., 4131 N. Central Expressway, Suite 1000, Dallas, Texas 75204. This amended and restated Declaration was prepared by Shepherds Glen Village Association.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS ‘ 24 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk . Page 30 of 32 CERTIFICATION & ACKNOWLEDGMENT: Signed this_](p day of Nounky2022.
Shepherds Glen Village Association, A Texas non-profit corporation Board President STATE OF TEXAS § COUNTY OF BELL § This instrument was acknowledged before me on the Ilo _ day of Mark W. McGraw, Ss et J erat AFTER RECORDING RF Shepherds Glen Village A P.O. Box 283 Salado, Texas 76571 DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 25 SHEPHERDS GLEN November 16, 2022 Shelley Coston, Bell County TX Clerk Page 31 of 32 APPENDIX A DESCRIPTION OP SUBJECT LAND SHEPHERDS GLEN The 11.778-acre tract described by metes and bounds in the Field Notes for the Final Plat of Shepherd's Glen Subdivision, recorded on September 24, 2002, in Cabinet C, Slide 306-B,C, Plat Records, Bell County, Texas and Replat of Shepherd’s Glen Subdivision, Lots 12, 19, 20, 24 and 25, recorded on January 23, 2009, in Cabinet
ded on September 24, 2002, in Cabinet C, Slide 306-B,C, Plat Records, Bell County, Texas and Replat of Shepherd’s Glen Subdivision, Lots 12, 19, 20, 24 and 25, recorded on January 23, 2009, in Cabinet D, Slide 256C, Plat Records, Bell County, Texas, including the following common areas and 20 house lots: HOUSE LOTS LOTS 1,4-7 AND 11 - 25 VILLAGE COMMONS LOT 8 LANDSCAPE AND FOUNTAIN INTERIOR TO MISTY MEADOW E PRIVATE RIGHT-OF-WAY ABUTTING LOTS 21, 22 AND 23 1.50-FOOT BY 585.94-FOOT STONE WALL COMMON AREA MISTY MEADOW CIRCLE STAGHORN LANE BRIGADOON Gos DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 26 SHEPHERDS GLEN November 16, 2022 Bell County EAU A Shelley Coston County Clerk Belton, Texas 76513 Instrument Number: 2022069544 AS AMENDMENT Recorded On: November 16, 2022 Parties: SHEPHERDS GLEN VILLAGE ASSOCIATION able Pages: 31 To SHEPHERDS GLEN of Pages: 32 Comment: ( Parties listed above are for Clerks’ reference only ) CLERKS RMF: .00 COURT HOUSE SECURITY: .00 RECORDING: 5.00 $131.00 FEKEEEEEXE DO NO Any provision hefext whi ricts the Sale, Rental or use of the described REAL PROPERTY because bf colo or race is invalid and unenforceable under federal law.
File Information Record and Return To: Instrument Nox 2069544 SHEPHERDS GLEN VILLAGE ASSOCIATION Recetpt Number: \, 346718 PO BOX 283 RecordedQate/Ti 11/16/2022 3:01:33 PM SALADO, TX 76571 User fosterk - BCCCD0639 | hereby certify that this instrument was filed on the date and time stamped hereon and was duly recorded in the Real Property Records in Bell County, Texas Shelley Coston f Bell County Clerk [at OSfrm—