DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS SORRELLWOOD TERRA [COLLIN COUNTY, TEXASI Unofficial Declarant: SORRELLWOOD TH, LTD., a Texas limited partnership This Declaration of Covenants, Conditions and Restrictions may be used only in connection with the residential community known as Sorrellwood Terrace in Collin County, Texas and the operation of Sorrellwood Terrace Homeowners Association, Inc., a Texas non-profit corporation DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS SORRELLWOOD TERRACE TABLE OF CONTENTS ARTICLE 1 DEFINITIONS ARTICLE 2 EASEMENTS.
Owner's Easement of Enjoyment.
Owner's Maintenance Easement.
Owner's Ingress/Egress Easement...
Owner's Encroachment Easement.
Association's Access, Maintenance and Landscape Easement 2.1 2.2 2.3 2.4 2.5 Easement Of Cooperative Support......
2.6 2.7 Utility Easement 2.8 Private Utility Lines...
2.9 Party Walls.
.............
2.10 2.11 Easement to Inspect and Right To Correct.
Fire Safety.
ARTICLE 3 GENERAL AND USE RESTRICTIONS...
General.....
Page 1 8 nofficial 9 9 10 10 11 11 12 14 14 ....
14 3.1 14 3.2 Conceptual Plans 15 3.3 Single-Family Residential Use 15 3.4 Provision of Benefits and Services to Service Areas 17 3.5 18 3.6 Subdividing 18 3.7 Hazardous Activities..
18 3.8 Insurance Rates.
19.
3.9 Mining and Drilling.
19 3.10 Noise 19 3.11 Clotheslines; Window Air Conditioners 19 3.12 Animals Household Pets 19 3.13 Rubbish and Debris.
20 3.14 Maintenance.
20 3.15 Trash Containers 21 3.16 Antenna 21 3.17 Location of Permitted Antennas..
22 3.18 Signs 22 3.19 Flags Approval Requirements 23 SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page i TABLE OF CONTENTS (Continued) Page 3.20 Flags - Installation and Display.
3.21
s 22 3.19 Flags Approval Requirements 23 SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page i TABLE OF CONTENTS (Continued) Page 3.20 Flags - Installation and Display.
3.21 Tanks............
3.22 Temporary Structures.
3.23 Unsightly Articles; Vehicles ........
3.24 3.25 3.26 Basketball Goals; Permanent and Portable.
Garages.
On Street Parking...
3.27 Compliance with Restrictions..
3.28 Liability of Owners for Damage to Common Area or Special Common Area..
Decorations and Lighting.
Streets Within the Property.
Swimming Pools 3.29 Water Quality Facilities, Drainage Facilities and Drainage Fonds........ 27 3.30 27 3.31 28 28 3.10 3.32 28 28 3.09 No Warranty of Enforceability, Utilities.
ARTICLE 4 CONSTRUCTION RESTRICTIONS.
4.1 Approval for Construction...
24 25 25 25 26 26 27 29 29 29 29 29 22222222 2222222 222228585 Unofficial 4.2 4.3 Fences; Sidewalks...
Drainage.......
4.4 Compliance with Setbacks 4.5 Solar Energy Device..
4.6 Rainwater Harvesting Systems.....
Xeriscaping ARTICLES DISCLOSURES...
5.7 5.8 5.9 Service Contracts.
Adjacent Uses and Thoroughfares.
Fire Sprinkler Disclosure...
Outside Conditions Concrete...
Construction Activities ………..
Moisture Mold and/or Mildew.
Encroachments.
Budgets...
5.10 5.11 5.12 View Impairment.
Schools.....
30 31 32 34 34 34 35 35 35 36 36 36 36 37 37 37 37 SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page ii TABLE OF CONTENTS (Continued) Page 5.13 Suburban Environment....
5.14 Water Runoff.......
5.15 5.16 5.17 5.18 Photography of the Property Changes to Street Names and Addresses Plans Location of Utilities..
5.19 Wood.
5.20 Stone....
5.21 5.22 Chemicals..
Marketing……………………………… 5.23 High Winds; Inclement Weather.......
5.24 Security; Injury to Person or Property..
nd Addresses Plans Location of Utilities..
5.19 Wood.
5.20 Stone....
5.21 5.22 Chemicals..
Marketing……………………………… 5.23 High Winds; Inclement Weather.......
5.24 Security; Injury to Person or Property..
BEE Www wwww wwww 38 39 39 38 37 37 37 37 38 39 ARTICLE 6 SORRELLWOOD TERRACE HOMEOWNERS ASSOCIATION, INC ... 40 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 official Organization......
Membership Governance.
Voting Rights Powers......
Acceptance of Common Area and Special Common Area Administration of Common Area and the Special Common Area.....
Indemnification Insurance...
Bulk Rate Contracts.
40 40 43 43 44 47 47 48 48 48 Declarant's Right to Contribute to Revenues of the Association ........ 49 Protection of Declarant's Interests.
Notices and Disclaimers as to Security Systems ..
ARTICLE 7 ENFORCING THE RESTRICTIONS.......
Fines and Damages Assessment.
Enforcement...
Remedies.
49 49 50 7.1 50 7.2 51 7.3 51 7.4 Board Discretion.
52 No Waiver....
52 7.6 Recovery of Costs.
53 7.7 Right of Action by Owners; Release.
53 7.8 Right of Action by Association...
53 ARTICLE 8 ASSESSMENTS..
53 8.1 Assessments.......
53 SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page iii TABLE OF CONTENTS (Continued) Page Maintenance Fund..
Regular Annual Assessments Special Assessments Special Common Area Assessments..
Service Area Assessments........
8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 Late Charges.
8.11 8.12 Individual Assessments Working Capital Assessment.
Amount of Assessment..
Owner's Personal Obligation; Interest....
Assessment Lien and Foreclosure..
8.13 Exempt Property ARTICLE 9 MAINTENANCE AND REPAIR OBLIGATIONS Overview....
54 54 54 55 55 55 57 58 58 60 60 60 nofficial 9.1 9.2 9.3 9.4 9.5 9.6 Association Maintains.....
n and Foreclosure..
8.13 Exempt Property ARTICLE 9 MAINTENANCE AND REPAIR OBLIGATIONS Overview....
54 54 54 55 55 55 57 58 58 60 60 60 nofficial 9.1 9.2 9.3 9.4 9.5 9.6 Association Maintains.....
Area of Common Responsibility.
Inspection Obligations Owner Responsibility Disputes ARTICLE 10 INSURANCE 10.1 10.2 Insurance-Association Insurance-Owner..
10.3 Owners Liability For Insurance Deductible.
ARTICLE ARCHITECTURAL REVIEWER...
N.1 11.2 113 Purpose...
Architectural Control By Declarant.
Architectural Control by Association 11.4 Prohibition of Construction, Alteration and Improvement.
11.5 Architectural Approval....
ARTICLE 12 MORTGAGE PROVISIONS..
Notice of Action.....
60 62 62 63 64 64 ..........
64 65 65 65 65 65 66 67 67 69 69 NOO CO66 922222 2222 223 2222 12.1 12.2 Examination of Books..
69 12.3 Taxes, Assessments and Charges……………………………… 69 69 13.1 Term.......
69 70 ARTICLE 13 GENERAL PROVISIONS 13.2 Eminent Domain...
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page iv TABLE OF CONTENTS (Continued) Page 13.3 Amendment.
13.4 Enforcement.
13.5 Higher Authority.
13.6 Severability.
13.7 Conflicts 13.8 Gender....
13.9 Notices 13.10 Damage and Destruction 13.11 No Partition.
13.12 Safety and Security 9.16 Bulk Purchaser.
ARTICLE 14 DEVELOPMENT EASEMENTS......
14.1 14.2 14.3 Right of Ingress and Egress Reserved Easements......
Improvements, Roadway and Utility Easements 14.4 Subdivision Entry and Fencing Easement.
14.5 Landscape and Monument Sign Easement.
14.6 Declarant as Attorney in Fact RREEEEEASON 74 74 75 75 76 NN 76 76 Unofficial ARTICLE 15 DEVELOPMENT RIGHTS 15.1 Development by Declarant.....
15.2 Special Declarant Rights.
15.3 Addition of hand...
Withdrawal of Land, Assignment of Declarant's Rights..........
77 77 78 78 78 79
RTICLE 15 DEVELOPMENT RIGHTS 15.1 Development by Declarant.....
15.2 Special Declarant Rights.
15.3 Addition of hand...
Withdrawal of Land, Assignment of Declarant's Rights..........
77 77 78 78 78 79 FERR22 ARTICLE 16 DISPUTE RESOLUTION......
79 Agreement to Encourage Resolution of Disputes Without Litigation.
79 Claims Regarding Common Areas..
80 16.3 Notice.
82 16.4 16.5 Negotiation.
Mediation.......
83 83 16.6 Termination Of Mediation 83 16.7 Binding Arbitration-Claims 83 16.8 Allocation Of Costs ………….
85 16.9 General Provisions.
86 16.10 Period of Limitation.
86 16.11 Approval & Settlement.....
86 SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page v TABLE OF CONTENTS (Continued) Page ARTICLE 17 Compliance with the city's code of ORDINANCES..
17.1 Authority......
17.2 Abandonment or Dissolution 17.3 Amendment..
8888 86 86 87 87 17.4 Failure of Association to Maintain Common Areas and Certain 17.5 Facilities, Structures, Improvements, and Systems Indemnification Unofficia SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page vi DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS SORRELLWOOD TERRACE This Declaration of Covenants, Conditions and Restrictions (the "Declaration") is made by SORRELLWOOD TH, LTD., a Texas limited partnership (the "Declarant"), and is as follows: RECITALS: A. This Declaration is filed with respect to Sorrellwood Terrace a subdivision located in Collin County, Texas (the "Subdivision"), according to the map or plat recorded or to be recorded in the Official Public Records of Collin County, Texas (the "Property")] Declarant is the owner of the Property.
B.
Declarant desires to create and carry out a uniform plan for the development, improvement, and sale of the Property.
f Collin County, Texas (the "Property")] Declarant is the owner of the Property.
B.
Declarant desires to create and carry out a uniform plan for the development, improvement, and sale of the Property.
C. By the Recording of this Declaration, Declarant serves notice that the Property will be subjected to the terms and provisions of this Declaration.
Unofficial NOW, THEREFORE, it is hereby declared: (i) that the Property (or any portion thereof) will be held sold, conveyed, and occupied subject to the following covenants, conditions and restrictions which will run with such portions of the Property and will be binding upon all parties having right, title, or interest in or to such portions of the Property or any part thereof, their heirs, successors, and assigns and will inure to the benefit of each owner thereof; and (ii) that each contract or deed conveying the Property (or any portion thereof) will conclusively be held to have been executed, delivered, and accepted subject to the following covenants, conditions and restrictions, regardless of whether or not the same are set out in full or by reference in said contract or deed.
This Declaration uses notes (text set apart in boxes) to illustrate concepts and assist the reader. If there is a conflict between any note and the text of the Declaration, the text will ARTICLE 1 DEFINITIONS Unless the context otherwise specifies or requires, the following words and phrases when used in this Declaration will have the meanings hereinafter specified: "Affiliate" means any person: (a) directly or indirectly through one or more intermediaries controlling, controlled by, or under direct or indirect common control with or managed by, an Owner; or (b) related to another Owner within the second degree of SORRELLWOOD TERRACE
more intermediaries controlling, controlled by, or under direct or indirect common control with or managed by, an Owner; or (b) related to another Owner within the second degree of SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 1 consanguinity. A person shall be deemed to be "controlled by" any other person if such other person possesses, directly or indirectly, power (i) to vote 10% or more of the securities (on a fully diluted basis) having ordinary voting power for the election of directors or managing general partners or the equivalent; or (ii) to direct or cause the direction of the management and policies of such person whether by contract or otherwise.
"Applicable Law" means all statutes, public laws, ordinances, policies, rules, regulations and orders of all federal, state, county and municipal governments of the agencies having jurisdiction and control over the Property in effect at the time a provision of the Restrictions is applied, and pertaining to the subject matter of the Restriction provision, including but not limited to, all ordinances and any other applicable building codes, zoning restrictions and permits or other applicable regulations. Statutes and ordinances specifically referenced in the Restrictions are "Applicable Law" on the date of the Restrictions, and are not intended to apply to the Property if they cease to be applicable by operation of law, or if they are replaced or superseded by one or more other statutes or ordinances. Notwithstanding the foregoing, the RCLA shall be an Applicable Law and shall apply to each and every Lot, Dwelling, Improvement and Structure, regardless of the definition of the term "Residence" as used in the RCLA.
the foregoing, the RCLA shall be an Applicable Law and shall apply to each and every Lot, Dwelling, Improvement and Structure, regardless of the definition of the term "Residence" as used in the RCLA.
"Architectural Reviewer" means Declarant or its designee until expiration or termination of the Development Period. Upon expiration or termination of the Development Period, the rights of the Architectural Reviewer will automatically be transferred to the architectural control committee appointed by the Board.
Unofficial "Area of Common Responsibility means those portions of a Structure, Dwelling, or Lot that are designated, from time to time by this Declaration or the Association to be maintained, repaired, and replaced by the Association, as a common expense, as reflected in the Designation of Area of Common Responsibility and Maintenance Chart attached to this Declaration as Exhibit "A" "Assessment" or "Assessments" means all assessments imposed by the Association under this Declaration.
Assessment Unit" has the meaning set forth in Section 8.9.2.
"Association" means SORRELLWOOD TERRACE HOMEOWNERS ASSOCIATION, INC., a Texas non-profit corporation, which has been created by the Declarant to exercise the authority and assume the powers specified in Article 6 and elsewhere in this Declaration. The failure of the Association to maintain its corporate charter from time to time does not affect the existence or legitimacy of the Association, which derives its authority from this Declaration, the Certificate, the Bylaws, and Applicable Law.
"Board" means the Board of Directors of the Association.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 2 "Bulk Purchaser” means a party designated in writing by the Declarant.
means the Board of Directors of the Association.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 2 "Bulk Purchaser” means a party designated in writing by the Declarant.
"Bulk Rate Contract" or "Bulk Rate Contracts" means one or more contracts which are entered into by the Association for the provision of utility services or other services of any kind or nature to the Lots. The services provided under Bulk Rate Contracts may include, without limitation, cable television services, telecommunications services, internet access services, "broadband" services, security services, trash pick-up services, propane service, natural gas service, lawn maintenance services, wastewater services, and any other services of any kind or nature which are considered by the Board to be beneficial to all or a portion of the Property, the Common Area, or the Special Common Area. Each Bulk Rate Contract must be approved in advance and in writing by the Declarant until expiration or termination of the Development Period.
"Bylaws" means the bylaws of the Association as adopted and as amended from time to time by a Majority of the Board.
"Certificate" means the Certificate of Formation of the Association, filed in the Office of the Secretary of State of Texas, as the same may be amended from time to time.
"City" means the City of McKinney, Texas.
Unofficial "Common Area" means any property and facilities that the Association owns or in which it otherwise holds rights or obligations, including any property or facilities held by the Declarant for the benefit of the Association or its Members. Property or facilities held by the Declarant for the benefit of the Association or its Members will expressly include any portion of
by the Declarant for the benefit of the Association or its Members. Property or facilities held by the Declarant for the benefit of the Association or its Members will expressly include any portion of the Property designated by Plat to be maintained by the Association and any area designated as "Open Space" on a Plat; provided, however, that Declarant reserves the right to designate such areas as Special Common Area, as defined below. If requested by the Declarant, the Association will execute any instrument or document required by the City to evidence the Association's acceptance of all or any portion of the Property for maintenance. Declarant reserves the right, from time to time and at any time, to designate by written and Recorded instrument portions of the Property being held by the Declarant for the benefit of the Association. Upon the filing of such designation the portion of the Property identified therein will be considered Common Area for the purpose of this Covenant. Common Area also includes any property that the Association holds under a lease, license, or any easement in favor of the Association. Some Common Area will be solely for the common use and enjoyment of the Owners, Residents, and their guests, tenants and invitees, while other portions of the Common Area may be for the use and enjoyment of the Owners, Residents, their guests, tenants and invitees, and members of the public.
"Community Manual" means the community manual, which may be initially adopted and Recorded by the Declarant as part of the initial project documentation for the benefit of the Association and the Property or otherwise adopted by a Majority of the Board. During the SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 3
ntation for the benefit of the Association and the Property or otherwise adopted by a Majority of the Board. During the SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 3 Development Period, the Declarant may unilaterally amend, supplement, or modify the Community Manual. The Community Manual may include the Bylaws, Rules and other policies governing the Association. The Rules and other policies set forth in the Community Manual may be amended, from time to time, by the Declarant during the Development Period. Any amendment to Bylaws, Rules and other policies governing the Association prosecuted by the Board must be approved in advance and in writing by the Declarant until expiration or termination of the Development Period. Upon expiration or termination of the Development Period, the Community Manual may be amended by a Majority of the Board.
"Community Systems" means any and all cable television, telecommunications, alarm/monitoring, internet, telephone or other lines, conduits wires amplifiers, towers, antennae, satellite dishes, equipment, materials and installations and fixtures including those based on, containing and serving future technological advances not now known) if installed by Declarant pursuant to any grant of easement or authority by Declarant of the Association within the Property.
official "Declarant" means SORRELLWOOD TH LTD a Texas limited partnership, its successors or assigns; provided that any assignment(s) of the rights of SORRELLWOOD TH, LTD., a Texas limited partnership, as Declarant must be expressly set forth in writing and Recorded. Notwithstanding any provision in this Declaration to the contrary, Declarant may, by
ORRELLWOOD TH, LTD., a Texas limited partnership, as Declarant must be expressly set forth in writing and Recorded. Notwithstanding any provision in this Declaration to the contrary, Declarant may, by Recorded written instrument, assign, in whole or in part, exclusively or non-exclusively, any of its privileges, exemptions, rights, reservations and duties under this Declaration to any person.
Declarant may also, by Recorded written instrument, permit any other person to participate in whole, in part, exclusively or non-exclusively in any of Declarant's privileges, exemptions, rights and duties under this Declaration The "Declarant" is the party who causes the Property to be developed for actual residential use. Declarant enjoys special rights and privileges to help protect its investment in the Property which are described in this Declaration.
Many of these rights do not terminate until either Declarant: (i) has conveyed all Lots which may be created out of the Property; or (ii) voluntarily terminates these rights by a Recorded written instrument. Declarant may also assign, in whole or in part, all or any of the Declarant's rights established under the terms and provisions of this Declaration to one or more thirdparties.
"Development Period" means the period of time beginning on the date when this Declaration has been Recorded and ending two (2) years after Declarant and its affiliates no longer owns all or any portion of the Property, unless earlier terminated by Declarant.
Declarant may terminate the Development Period by an instrument executed by Declarant and Recorded. The Development Period is the period in which Declarant reserves the right to SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 4
ument executed by Declarant and Recorded. The Development Period is the period in which Declarant reserves the right to SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 4 facilitate the development, construction, and marketing of the Property, and the right to direct the size, shape and composition of the Property.
"Dwelling" means the single family townhome style residence located on a Lot, together with any garage incorporated therein, whether or not the Dwelling is occupied for residential purposes.
"Homebuilder" means an Owner (other than the Declarant) who acquires a lot for the construction of a single family Dwelling for resale to a third party.
"Improvement” means all physical enhancements and alterations to the Property including but not limited to grading, clearing, removal of trees, alteration of drainage flow, and site work, and every structure and all appurtenances of every type and kind, whether temporary or permanent in nature, including, but not limited to, buildings, outbuildings, Bulkheads, storage sheds, balconies, porches, patios, tennis courts, sport courts, recreational facilities, swimming pools, putting greens, garages, driveways, parking areas and/or facilities, storage buildings, sidewalks, fences, gates, screening walls, retaining walls, stairs, decks, walkways, landscaping, alteration of drainage flow mailboxes, poles signs, antennas, exterior air conditioning equipment or fixtures, exterior lighting fixtures, water softener fixtures or equipment, poles, pumps, wells, tanks, reservoirs, ipes, Imes, meters, antennas, towers and other facilities used in connection with water, sewer gas, electric, telephone, regular or cable television, or other utilities.
Unofficial
tanks, reservoirs, ipes, Imes, meters, antennas, towers and other facilities used in connection with water, sewer gas, electric, telephone, regular or cable television, or other utilities.
Unofficial "Lot" means any portion of the Property designated by Declarant or as shown as a subdivided Lot on a Plat other than Common Area of Special Common Area.
"Majority" means more than half.
"Manager" has the meaning set forth in Section 6.5.8.
"Members means every person or entity that holds membership privileges in the Association "Mortgage" or "Mortgages" means any mortgage(s) or deed(s) of trust securing indebtedness and covering any Lot.
"Mortgagee" or "Mortgagees" means the holder(s) of any Mortgage(s).
"Owner" means the person(s), entity or entities, including Declarant, holding all or a portion of the fee simple interest in any Lot, but does not include the Mortgagee under a Mortgage prior to its acquisition of fee simple interest in such Lot pursuant to foreclosure of the lien of its Mortgage. Mortgagees who acquire title to a Lot through a deed in lieu of foreclosure or through foreclosure are Owners. Persons or entities having ownership interests merely as SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 5 security for the performance of an obligation are not Owners. Every Owner is a Member of the Association.
"Owner Group" means an Owner and all Affiliates of such Owner.
"Person" means any natural person, corporation, limited liability company, trust, joint venture, association, company, partnership or other entity.
"Plat" means a Recorded subdivision plat of any portion of the Property and any amendments thereto.
Property" means Sorrellwood Terrace a subdivision located in Collin County, Texas,
or other entity.
"Plat" means a Recorded subdivision plat of any portion of the Property and any amendments thereto.
Property" means Sorrellwood Terrace a subdivision located in Collin County, Texas, according to the map or plat recorded or to be recorded in the Official Public Records of Collin County, Texas, subject to such additions thereto and deletions therefrom as may be made pursuant to Section 15.3 and Section 15.4 of this Declaration.
"RCLA" means the Residential Construction Liability Act, Chapter 27 of the Texas Property Code.
"Record, Recordation, Recorded, and Recording" means recorded or to be recorded in the Official Public Records of Collin County, Texas.
Unofficial "Resident" means an occupant or tenant of a Lot, regardless of whether the person owns the Lot.
"Restrictions" means the restrictions, covenants, and conditions contained in this Declaration, the Design Guidelines, Bylaws, Community Manual, Rules and Regulations, or in any other rules and regulations promulgated by the Association pursuant to this Declaration, as adopted and amended from time to time. See Table 1 for a summary of the Restrictions.
"Rules" means any instrument, however denominated, which is adopted by the Board or the Declarant during the Development Period for the regulation and management of the Property, the Common Area, or the Special Common Area, including any amendments to those instruments.
"Service Area" means a group of Lots designated as a separate Service Area pursuant to this Declaration for purpose of receiving benefits or services from the Association which are not provided to all Lots. A Service Area may be comprised of more than one type of use or structure and may include noncontiguous Lots. A Lot may be assigned to more than one
the Association which are not provided to all Lots. A Service Area may be comprised of more than one type of use or structure and may include noncontiguous Lots. A Lot may be assigned to more than one Service Area. Service Area boundaries may be established and modified as provided in Section 3.4.
"Service Area Assessments" means assessments levied against the Lots in a particular Service Area to fund Service Area Expenses, as described in Section 8.5.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 6 "Service Area Expenses" means the estimated and actual expenses which the Association incurs or expects to incur for the benefit of Owners within a particular Service Area, which may include a reasonable reserve for capital repairs and replacements.
"Special Common Area" means any interest in real property or improvements which is designated by Declarant in this Declaration or in any written instrument Recorded by Declarant (which designation will be made in the sole and absolute discretion of Declarant) as Special Common Area which is assigned for the purpose of exclusive use and/or the obligation to pay Special Common Area Assessments attributable thereto, to one or more, but less than all of the Lots or Owners, and is or will be conveyed to the Association or as to which the Association will be granted rights or obligations, or otherwise held by the Declarant for the benefit of the Association. The Declaration or other written notice will identify the Lots or Owners assigned to such Special Common Area and further indicate whether the Special Common Area is assigned to such parties for the purpose of exclusive use and the payment of Special Common Area
or Owners assigned to such Special Common Area and further indicate whether the Special Common Area is assigned to such parties for the purpose of exclusive use and the payment of Special Common Area Assessments or only for the purpose of paying Special Common Area Assessments attributable thereto. By way of illustration and not limitation, Special Common Area might include such things as private drives and roads, entrance facilities and features, monumentation or signage, walkways or landscaping.
"Special Common Area Expenses" means the estimated and actual expenses which the Association incurs or expects to incur to operate, maintain, repair and replace Special Common Area, which may include a reasonable reserve for capital repairs and replacements.
Unofficial "Special Common Area Assessments" means assessments levied against the Lots as described in Section 8.4.
“Solar Energy Device" means a system or series of mechanisms designed primarily to provide heating or cooling or to produce electrical or mechanical power by collecting and transferring solar-generated energy. The term includes a mechanical or chemical device that has the ability to store solar-generated energy for use in heating or cooling or in the production of power.
"Structure" means a building containing two (2) or more Dwellings that: (i) is located on two (2) or more adjacent Lots; and (ii) has one (1) or more party walls separating the Dwellings comprising such building.
Declaration (Recorded) Certificate of Formation (Recorded) TABLE 1: RESTRICTIONS Creates obligations that are binding upon the Association and all present and future owners of Property.
Establishes the Association as a Texas nonprofit corporation.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 7
ssociation and all present and future owners of Property.
Establishes the Association as a Texas nonprofit corporation.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 7 Bylaws (Recorded) Community Manual (Recorded) TABLE 1: RESTRICTIONS Design Guidelines (if adopted, Recorded) Rules (if adopted, Recorded) Board Resolutions (adopted by the Board of the Association) Governs the Association's internal affairs, such as elections, meetings, etc.
Establishes rules and policies governing the Association.
Governs the design and architectural standards for the construction of Improvements and modifications thereto. The Declarant shall have no obligation to adopt the Design Guidelines.
Regulates the use of property, activities, and conduc within the Property, the Common Area, or the Special Common Area.
Establishes rules, policies, and procedures for the Property, Owners, and the Association.
ARTICLE 2 EASEMENTS Unofficial 2.1 Owner's Easement of Enjoyment Every Owner is granted a right and easement of enjoyment over the Common Area and to use of Improvements thereon, subject to other rights and easements contained in the Restrictions. An Owner who does not occupy a Dwelling delegates this right of enjoyment to the Residents of his Dwelling and is not entitled to use the Common Area.
2.2 Owner's Maintenance Easement Each Owner is hereby granted an easement over and across any adjoining Dwelling, Lot Common Area, or Special Common Area to the extent reasonably necessary to maintain or reconstruct such Owner's Dwelling, subject to the consent of the Owner of the adjoining Lot and Dwelling and the consent of the Board as provided below, or the consent of the Board in the case of Common Area or Special Common
Dwelling, subject to the consent of the Owner of the adjoining Lot and Dwelling and the consent of the Board as provided below, or the consent of the Board in the case of Common Area or Special Common Area, and provided that the Owner's use of the easement granted hereunder does not damage or materially interfere with the use of the adjoining Lot and/or Dwelling or Common Area or Special Common Area. Requests for entry into an adjoining Lot must be made to the Owner of such Lot in advance. The consent of the adjoining Lot Owner will not be unreasonably withheld, however the adjoining Lot Owner may require that access to its Lot be limited to Monday through Friday, between the hours of 8 a.m. until 6 p.m., and then only in conjunction with actual maintenance or reconstruction activities. Access to the Common Area or Special Common Area for the purpose of maintaining or reconstructing any Dwelling must be made in advance to the Board. The consent of the Board will not be unreasonably withheld; however, the Board may require that access to the Common Area or Special Common Area be limited to Monday through Friday, between the hours of 8 a.m. until 6 p.m., and then only in conjunction with actual maintenance or reconstruction activities. In addition, the Board may require that the Owner abide by additional reasonable rules with respect to use and protection of the Common Area or Special Common Area during any such maintenance or reconstruction. If an SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 8 Owner damages an adjoining Dwelling or Common Area or Special Common Area in exercising the easement granted hereunder, the Owner will be required to restore the Dwelling
TIONS AND RESTRICTIONS Page 8 Owner damages an adjoining Dwelling or Common Area or Special Common Area in exercising the easement granted hereunder, the Owner will be required to restore the Dwelling or Common Area or Special Common Area to the condition which existed prior to any such damage, at such Owner's expense, within a reasonable period of time not to exceed thirty (30) days after the date the Owner is notified in writing of the damage by the Association or the Owner of the damaged Dwelling.
Notwithstanding the foregoing, no Owner shall perform any work to any portion of his Dwelling or Lot if the work requires access to, over or through the Common Area or Special Common Area or other Lots and/or Dwellings without the prior consent of the Architectural Reviewer except in case of an emergency. All such work may only be performed by person who shall deliver to the Architectural Reviewer prior to commencement of such work, in form satisfactory to the Board: (i) releases of the Board, the Architectural Reviewer, and the Association for all claims that such person may assert in connection with such work; (ii) indemnities of the Board, the Architectural Reviewer, and the Association, holding each and all of them harmless from and Unofficial (iii) against any clams asserted for loss or damage to persons or property, including, but not limited to, Common Area, Special Common Area, or other Lots and Dwellings; certificates of insurance, including liability and workmen's compensation coverage, in amounts and with companies reasonably acceptable to the Board; and all other information and assurances which the Board may reasonably require.
Owner's Ingress/Egress Easement. Each Owner is hereby granted a perpetual
companies reasonably acceptable to the Board; and all other information and assurances which the Board may reasonably require.
Owner's Ingress/Egress Easement. Each Owner is hereby granted a perpetual easement over the Property, including the Lots (but excluding any portion of the Lot enclosed by a private fence installed by the Declarant or approved by the Architectural Reviewer creating a private yard space for the Lot Owner), as may be reasonably required, for ingress to and egress from his Dwelling, but subject to any Rules and regulations adopted from time to time by the Board.
2.4 Owner's Encroachment Easement. Every Owner is granted an easement for the existence and continuance of any encroachment by his Dwelling on any adjoining Lot, Dwelling, Common Area, or Special Common Area now existing or which may come into existence hereafter, as a result of construction, repair, shifting, settlement, or movement of any SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 9 portion of a Dwelling, or as a result of condemnation or eminent domain proceedings, so that the encroachment may remain undisturbed so long as the improvement stands.
2.5 Easement Of Cooperative Support. Each Owner is granted an easement of cooperative support over each adjoining Lot and Dwelling as needed for the common benefit of the Property, or for the benefit of Dwellings in a Structure, or Dwellings that share any aspect of the Property that requires cooperation. By accepting an interest in or title to a Lot, each Owner: (i) acknowledges the necessity for cooperation in a townhome; (ii) agrees to try to be responsive and civil in communications pertaining to the Property and to the Association; (ii) agrees to
h Owner: (i) acknowledges the necessity for cooperation in a townhome; (ii) agrees to try to be responsive and civil in communications pertaining to the Property and to the Association; (ii) agrees to provide access to his Dwelling and Lot when needed by the Association to fulfill its duties; and (iv) agrees to try refraining from actions that interfere with the Association's maintenance and operation of the Property.
2.6 Association's Access, Maintenance and Landscape Easement. Each Owner, by accepting an interest in or title to a Lot, whether or not it is so expressed in the instrument of conveyance, grants to the Association an easement of access, maintenance and entry over, across, under, and through the Property, including without limitation, each Lot and each Dwelling and all Improvements thereon for the following purposes: (i) to perform inspections and/or maintenance that is permitted or Unofficial required of the Association by the Restrictions or by Applicable Law; (ii) to perform maintenance that is permitted or required of the Owner by the Restrictions or by Applicable Law, if the Owner fails or refuses to perform such maintenance; perform maintenance and repair, and to regulate use of all private streets, alleys, and driveways located within the Property; to enforce the Restrictions; to exercise self-help remedies permitted by the Restrictions or by Applicable Law; (vi) to respond to emergencies; (vii) to maintain landscaping and make, erect or install non-structural improvements (such as fences, irrigation systems, lighting systems, walking or biking paths, and the like) in or on those portions of each Owner's Lot.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 10 (viii)
systems, lighting systems, walking or biking paths, and the like) in or on those portions of each Owner's Lot.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 10 (viii) to grant easements to utility providers as may be necessary to install, maintain, and inspect utilities serving any portion of the Property; and (ix) to perform any and all functions or duties of the Association as permitted or required by the Restrictions or by Applicable Law.
2.7 Utility Easement. Declarant hereby establishes and reserves: (i) a non-exclusive easement over and across each open space, landscape or recreational lot within the Property for public and private utilities necessary or required to serve the Property of the individual Dwellings located thereon; (ii) a non-exclusive electric utility easement over and across each Lot to the extent necessary or required to provide utility service to Dwellings; provided, however, that such easement will not unreasonably interfere with the use of any Dwelling for residential purposes; and (iii) an easement on the exterior elevation of each Structure including necessary penetrations into the Structure) for the purpose of installation, maintenance, repair and operation of meters, panels, lines and related facilities or appurtenances necessary or required to provide electric service to each Structure and the Dwellings located therein. In addition, Declarant, during the Development Period and the Board thereafter, may grant further easements over and across the Structure, Lots, Common Areas, or Special Common Area to the extent necessary or required to provide utilities to Dwellings and/or Lots; provided, however, that such easements will not unreasonably interfere with the use of any Dwelling for residential
a to the extent necessary or required to provide utilities to Dwellings and/or Lots; provided, however, that such easements will not unreasonably interfere with the use of any Dwelling for residential purposes. A company or entity, public or private, furnishing utility service to the Property, is granted an easement over the Property, including the Structure and Lots, for ingress, egress, meter reading, installation, maintenance, repair or replacement of utility lines and equipment, and to do anything else necessary to properly maintain and furnish utility service to the Property. Utilities may include, but are not limited to, water, sewer, trash removal, electricity, gas, telephone, electronic communications and internet, cable television, and security.
2.8 Private Utility Lines. Utility lines from each meter located on a Structure that exclusively serve Dwelling are private utility lines (each a "Private Utility Line" and collectively, the "Private Utility Lines") that the Owner of the Dwelling is required to maintain, repair and replace, if necessary. Neither the Association, the Declarant, nor the utility company EACH providing utility services will maintain, repair or replace Private Utility Lines.
OWNER IS ADVISED THAT THE PRIVATE UTILITY LINES ARE LOCATED IN THE YARD AREA OF THE LOTS ON WHICH A STRUCTURE HAS BEEN ERECTED AND THE UTILITY LINES SERVING MORE THAN ONE DWELLING MAY BE LOCATED ON AN OWNER'S LOT. PRIOR TO DIGGING ON THE OWNER'S LOT, THE OWNER MUST DETERMINE THE LOCATION OF UTILITY LINES. FAILURE TO LOCATE UTILITY LINES BEFORE DIGGING MAY CAUSE SERIOUS INJURY TO PERSON OR PROPERTY. CALL 811 AT LEAST 48 HOURS BEFORE YOU DIG. SEE WWW.TEXAS811.ORG FOR FURTHER INFORMATION.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 11
INJURY TO PERSON OR PROPERTY. CALL 811 AT LEAST 48 HOURS BEFORE YOU DIG. SEE WWW.TEXAS811.ORG FOR FURTHER INFORMATION.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 11 EACH OWNER AND RESIDENT HEREBY RELEASES AND HOLDS HARMLESS THE DECLARANT AND THE ASSOCIATION, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION INCURRED OR THAT MAY ARISE BY REASON OF AN OWNER'S FAILURE MAINTAIN, REPAIR OR REPLACE A PRIVATE UTILITY LINE OR FAILURE TO TAKE THE PROPER PRECAUTIONS AND DETERMINE THE LOCATION OF ALL PRIVATE UTILITY LINES AT PRIOR TO DIGGING ON SUCH OWNER'S LOT.
Each Owner is hereby granted an easement over and across the yard space of each Lot with a private utility line that exclusively serves such Owner's Dwelling to the extent reasonably necessary to maintain, repair and replace the Private Utility: 1 Line serving such Owner's Dwelling, subject (except in the case of an emergency threatening life or property) to the consent of the Owners of the Lots on which such Private Utility Line is located, and provided that the Owner's use of the easement granted hereunder does not damage or materially interfere with the use of the Lots or Dwellings. Requests for entry into Lots subject to the easement granted herein must be made to the Owner of such Lot in advance The consent of the Lot Owner will not be unreasonably withheld, however, the Lot Owner may require that access to its Lot be limited to Monday through Friday, between the hours of 8 a.m. until 6 p.m., and then only in conjunction with actual maintenance, repair or replacement activities. If an Owner damages a Dwelling or Lot in exercising the easement granted hereunder, the Owner
a.m. until 6 p.m., and then only in conjunction with actual maintenance, repair or replacement activities. If an Owner damages a Dwelling or Lot in exercising the easement granted hereunder, the Owner will be required to restore the Dwelling or Lot to the condition which existed prior to any such damage, at such Owner's expense, within a reasonable period of time not to exceed thirty (30) days after the date the Owner is notified in writing of the damage by the Owner of the damaged Dwelling or Lot.
Unofficial 2.9 Party Walls. A common wall located on or near the dividing line between two (2) Lots and separating two (2) Dwellings constitutes a "Party Wall" and, to the extent not inconsistent with the provisions of this Section 2.9, is subject to the general rules of law regarding party walls and liablity for property damage due to negligence, willful acts, or omissions.
2.9.1 Encroachments & Easement. If the Party Wall is on one Lot due to an error in construction, the Party Wall is nevertheless deemed to be on the dividing line for purposes of this Section 2.9. Each Lot sharing a Party Wall is subject to an easement for the existence and continuance of any encroachment by the Party Wall as a result of construction, repair, shifting, settlement, or movement in any portion of the Party Wall, so that the encroachment may remain undisturbed as long as the Party Wall stands.
Each Lot is subject to a reciprocal easement for the maintenance, repair, replacement, or reconstruction of the Party Wall.
2.9.2 Right to Repair. If the Party Wall is damaged or destroyed from any the Owner of either Lot may repair or rebuild the Party Wall to its previous condition, and the Owners of both Lots, their successors and assigns, have the right to cause, SORRELLWOOD TERRACE
from any the Owner of either Lot may repair or rebuild the Party Wall to its previous condition, and the Owners of both Lots, their successors and assigns, have the right to cause, SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 12 the full use of the repaired or rebuilt Party Wall. No Party Wall may be constructed, repaired, or rebuilt without the advance written approval of the Architectural Reviewer in accordance with Article 11 of this Declaration.
2.9.3 Maintenance Costs. The Owners of the adjoining Lots share equally the costs of repair, reconstruction, or replacement of the Party Wall, subject to the right of one Owner to call for larger contribution from the other under any rule of law regarding liability for negligence or willful acts or omissions. If an Owner is responsible for damage to or destruction of the Party Wall, that Owner will bear the entire cost of repair, reconstruction, or replacement. If an Owner fails or refuses to pay his share of costs of repair or replacement of the Party Wall, the Owner advancing monies has a right to file claim of lien for the monies advanced in the Official Public Records of Collin County, Texas, and has the right to foreclose the lien as if it were a mechano's hen. The right of an Owner to require contribution from another Owner under this section is appurtenant to the Lot and passes to the Owner's successors in title.
2.9.4 Alterations. The Owner a Lot sharing a Party Wall may not cut openings in the Party Wall or alter or change the Party Wall in any manner that affects the use, condition, or appearance of the Party Wall to the adjoining Lot or Dwelling. The Party Wall will always remain in the same location as when erected unless otherwise
in any manner that affects the use, condition, or appearance of the Party Wall to the adjoining Lot or Dwelling. The Party Wall will always remain in the same location as when erected unless otherwise approved by the Owner of each sharing the Party Wall and the Architectural Reviewer.
Unofficial 2.9.5 Dispute Resolution. In the event of any dispute arising concerning a Party Wall, or under the provisions of this Section (the "Dispute"), the parties shall submit the Dispute to mediation. Should the parties be unable to agree on a mediator within ten (10) days after written request therefore by the Board, the Board shall appoint a mediator. If the Dispute is not resolved by mediation, the Dispute shall be resolved by binding arbitration. Either party may initiate the arbitration. Should the parties be unable to agree on an arbitrator within ten (10) days after written request therefore by the Board the Board shall appoint an arbitrator. The decision of the arbitrator shall be binding upon the parties and shall be in lieu of any right of legal action that either party may have against the other. In the event an Owner fails to properly and on a timely basis (both standards to be determined by the Board in the Board's sole and absolute discretion) implement the decision of the mediator or arbitrator, as applicable, the Board may implement said mediator's or arbitrator's decision, as applicable. If the Board implements the mediator's or arbitrator's decision on behalf of an Owner, the Owner otherwise responsible therefor will be personally liable to the Association for the cost of implementing the decision and all costs and expenses incurred by the Association in conjunction therewith. If such Owner fails to pay such costs and expenses upon
le to the Association for the cost of implementing the decision and all costs and expenses incurred by the Association in conjunction therewith. If such Owner fails to pay such costs and expenses upon demand by the Association, such costs and expenses (plus interest from the date of demand until paid at the maximum lawful rate, or if there is no such maximum lawful rate, at the rate of one and one-half percent (1-1/2%) per month) will be assessed against SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 13 and chargeable to the Owner's Lot(s). Any such amounts assessed and chargeable against a Lot hereunder will be secured by the liens reserved in the Declaration for Assessments and may be collected by any means provided in the Declaration for the collection of Assessments, including, but not limited to, foreclosure of such liens against the Owner's Lot(s).
2.10 Easement to Inspect and Right To Correct. For a period of ten (10) years after the expiration of the Development Period, Declarant reserves for itself and for Declarant's architect, engineer, other design professionals, builder, and general contractor the right, but not the duty, to inspect, monitor, test, redesign, correct, and relocate any Structure, Improvement, Dwelling, or condition that may exist on any portion of the Property, and a perpetual nonexclusive easement of access throughout the Property to the extent reasonably necessary to exercise this right. Declarant will promptly repair, at its sole expense, any damage resulting from the exercise of this right. By way of illustration but not limitation, relocation of a retaining wall may be warranted by a change of circumstance, imprecise siting of the original wall, or
lting from the exercise of this right. By way of illustration but not limitation, relocation of a retaining wall may be warranted by a change of circumstance, imprecise siting of the original wall, or desire to comply more fully with Applicable Law. This Section may not be construed to create a duty for Declarant, and may not be amended without Declarant's written and acknowledged consent. In support of this reservation, each Owner, by accepting an interest in or title to a Lot, hereby grants to Declarant an easement of access and entry over, across, under, and through the Property, including without limitation, ach Lot, Structure, and Dwelling, and all Improvements thereon for the purposes contained in this Section.
2.11 Fire Safety. No person may use misuse, cover, disconnect, tamper with, or modify the fire and safety equipment of the Property, Common Area, or Special Common Area, or interfere with the maintenance and/or testing of same by persons authorized by the Association or by public officials.
Unofficial ARTICLE 3 GENERAL AND USE RESTRICTIONS All of the Property shall be owned, held, encumbered, leased, used, occupied, and enjoyed subject to the following limitations and restrictions: Conditions and Restrictions. All Lots within the Property will be owned, held, encumbered, leased, used, occupied and enjoyed subject to the Restrictions.
NOTICE The Restrictions are subject to change from time to time. By owning or occupying a Lot, you agree to remain in compliance with the Restrictions, as they may change from time to time.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 14 3.1.2 Ordinances. Ordinances and requirements imposed by local governmental authorities are applicable to all Lots within the Property. Compliance
ION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 14 3.1.2 Ordinances. Ordinances and requirements imposed by local governmental authorities are applicable to all Lots within the Property. Compliance with the Restrictions is not a substitute for compliance with Applicable Law. Please be advised that the Restrictions do not purport to list or describe each restriction or ordinance or regulation which may be applicable to a Lot located within the Property.
Each Owner is advised to review all Applicable Law, requirements, regulations and encumbrances affecting the use and improvement of their Lot prior to submitting plans to the Architectural Reviewer for approval. Furthermore, approval by the Architectural Reviewer should not be construed by the Owner that any Improvement complies with the terms and provisions of any Applicable Law, requirements, regulations, encumbrances which may affect the Owner's Lot. The Association, each Owner, Resident, or other user of any portion of the Property must comply with the Restrictions and Applicable Law, as supplemented, modified or amended from time to time. Certain encumbrances may benefit parties whose interests are not addressed by the Architectural Reviewer.
3.2 r Conceptual Plans. All master plans, site plans, brochures, illustrations, information and marketing materials relating to the Property, the Common Area, or the Special Common Area (collectively, the "Conceptual Plans) are conceptual in nature and are intended to be used for illustrative purposes only. The land uses and Improvements reflected on the Conceptual Plans are subject to change at any time and from time to time, and it is expressly agreed and understood that land uses within the Property, the Common Area, or the Special
reflected on the Conceptual Plans are subject to change at any time and from time to time, and it is expressly agreed and understood that land uses within the Property, the Common Area, or the Special Common Area may include uses which are not shown on the Conceptual Plans. Neither Declarant nor any Homebuilder of other developer of any portion of the Property, the Common Area, or the Special Common Area makes any representation or warranty concerning such land uses and Improvements shown on the Conceptual Plans or otherwise planned for the Property, the Common Area, or the Special Common Area and it is expressly agreed and understood that no Owner will be entitled to rely upon the Conceptual Plans or any statement made by the Declarant of any of Declarant's representatives regarding proposed land uses, proposed or planned Improvements in making the decision to purchase any land or Improvements within the Property Each Owner who acquires a Lot within the Property acknowledges that development of the Property, the Common Area, or the Special Common Area will likely extend over many years, and agrees that the Association will not engage in, or use Association funds to support protest, challenge, or make any other form of objection to development of the Property the Common Area, or the Special Common Area or changes in the Conceptual Plans as they may be amended or modified from time to time.
3.3 Single-Family Residential Use. The Lots shall be used solely for private single family residential purposes. The Lots may not be used for any other purposes without the prior written consent of the Declarant, which consent may be withheld by the Declarant in its sole and absolute discretion.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 15
written consent of the Declarant, which consent may be withheld by the Declarant in its sole and absolute discretion.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 15 No professional, business, or commercial activity to which the general public is invited shall be conducted on any portion of a Lot, except an Owner or Resident may conduct business activities within a Dwelling so long as: (i) such activity complies with all Applicable Law; (ii) participation in the business activity is limited to the Owner(s) or Resident(s) of a Dwelling; (iii) the existence or operation of the business activity is not apparent or detectable by sight, i.e., no sign may be erected advertising the business within the Property, sound, or smell from outside the Dwelling; (iv) the business activity does not involve door-to-door solicitation of residents within the Property; (v) the business does not, in the Board's judgment, generate a level of vehicular or pedestrian traffic or a number of vehicles parked within the Property which is noticeably greater than that which is typical of Dwellings in which no business activity is being conducted; (vi) the business activity is consistent with the residential character of the Property and does not constitute a nuisance, or a hazardous of offensive use of threaten the security or safety of other Residents within the Property as may be determined in the sole discretion of the Board; and (vii) the business does not require the installation of any machinery other than that customary to normal household operations. In addition, for the purpose of obtaining any business or commercial license, neither the Dwelling nor the Lot will be considered open to the public. The terms "business" and "trade", as used in this provision,
n, for the purpose of obtaining any business or commercial license, neither the Dwelling nor the Lot will be considered open to the public. The terms "business" and "trade", as used in this provision, shall be construed to have their ordinary, generally accepted meanings and shall include, without limitation, any occupation, work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (x) such activity is engaged in full or part-time; (y) such activity is intended to or does generate a profit; or (z) a license is required.
Unofficial Leasing of a Dwelling shall not be considered a business or trade within the meaning of this subsection. This subsection shall not apply to any activity conducted by the Declarant or a Homebuilder.
Notwithstanding any provision in this Declaration to the contrary, until the expiration of the Development Period Declarant and/or its licensees may construct and maintain upon portions of the Common Area, the Special Common Area, any Lot, or any portion of the Property owned by the Declarant, such facilities and may conduct such activities, which, in Declarant's sole opinion, may be reasonably required, convenient, or incidental to the construction or sale of single family Dwellings or other Improvements constructed upon the Lots, including, but not limited to, business offices, signs, model homes, and sales offices.
Declarant and/or its licensees shall have an easement over and across the Common Area and the Special Common Area for access and use of such facilities at no charge; and SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
n easement over and across the Common Area and the Special Common Area for access and use of such facilities at no charge; and SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 16 3.4 (ii) the Declarant and/or its licensees will have an access easement over and across the Common Area and the Special Common Area for purpose of making, constructing and installing Improvements upon the Common Area and the Special Common Area.
Provision of Benefits and Services to Service Areas.
3.4.1 Designation by Declarant. Declarant, in any Recorded written notice, may assign Lots to one or more Service Areas (by name or other identifying designation as it deems appropriate, which Service Areas may be then existing or newly created, and may require that the Association provide benefits or services to such Lots in addition those which the Association generally provides to the Property Declarant may unilaterally amend any Recorded written notice to re-designate (Servite Area boundaries. All costs associated with the provision of services or benefits to a Service Area will be assessed against the Lots within the Service Area as a Service Area Assessment.
Unofficial 3.4.2 Petition by Owners. In addition to Service Areas which Declarant may designate, any group of Owners may petition the Board to designate their Lots as a Service Area for the purpose of receiving from the Association: (i) special benefits or services which are not provided to all Lots; or (it) a higher level of service than the Association otherwise provides. Upon receipt of a petition signed by Owners of a Majority of the Lots within the proposed Service Area, the Board will investigate the terms upon which the requested benefits or services might be provided and notify the
etition signed by Owners of a Majority of the Lots within the proposed Service Area, the Board will investigate the terms upon which the requested benefits or services might be provided and notify the Owners in the proposed Service Area of such terms and associated expenses, which may include a reasonable administrative charge in such amount as the Board deems appropriate (provided, any such administrative charge will apply at a uniform rate per Notwithstanding the Lot among all Service Areas receiving the same service).
foregoing, until expiration or termination of the Development Period, the Declarant shall have the right to withhold its consent for any petition to designate Lots as a Service Area in Declarant's sole and absolute discretion. If approved by the Board, the Declarant during the Development Period, and the Owners of at least sixty-seven percent (67%) of the total number of votes held by all Lots within the proposed Service Area, the Association will provide the requested benefits or services on the terms set forth in the proposal or in a manner otherwise acceptable to the Board. The cost and administrative charges associated with such benefits or services will be assessed against the Lots within such Service Area as a Service Area Assessment.
3.4.3 The Association may, from time to time, include additional components of Improvements or Lots or remove components of Improvements or Lots from a Service Area; however, unless otherwise approved by the Declarant during the Development Period, in no event may the Association at any time remove from any Service Area components of any Improvements or Lots previously designated as a Service Area SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 17
t any time remove from any Service Area components of any Improvements or Lots previously designated as a Service Area SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 17 under this Declaration. During the Development Period, any addition to a Service Area must also be approved by the Declarant. After expiration or termination of the Development Period, any addition or removal of components of Improvements or Lots must be approved by two-thirds (2/3) of the total number of votes held by all Lots within a Service Area. During the Development Period, the Service Area may be modified or amended by the Declarant, acting alone. Any modification or amendment to the Service Area must be recorded in the Official Public Records of Collin County, Texas 3.5 Rentals. Nothing in this Declaration will prevent the rental of any Lot and the Improvements thereon by the Owner thereof for residential purposes; provided that: (1) all rentals must be for terms of at least six (6) months; and (ii) no portion of a Lot (other than the entire Lot) may be rented. In addition, it is contemplated that the Dwellings constructed in the Subdivision shall primarily be Owner occupied. Consequently, no Owner or member any Owner Group may directly or indirectly lease or rent more than one Dwelling in the Subdivision to any person other than another member of such Owner Group without the consent of the Declarant during the Development Period, or the consent of the Association after the Development Period has ended. All leases shall be in writing. The Owner must provide to its lessee copies of the Restrictions. Notice of any lease, together with such additional information as may be required by the Board will remitted to the Association by the Owner
wner must provide to its lessee copies of the Restrictions. Notice of any lease, together with such additional information as may be required by the Board will remitted to the Association by the Owner on or before the expiration of ten (10) days after the effective date of the lease. Each lease must provide, or be deemed to provide, that the Board shall have the right to terminate the lease upon default by the tenant in observing any provisions of the Restrictions. Regardless of whether or not expressed in the applicable lease, all Owners shall be jointly and severally liable with the tenants of such Lot to the Association for any amount which is required by the Association to effect such repairs or to pay any claim for any injury or damage to property caused by the negligence of the tenant of such Lot or for the acts or omissions of the tenant(s) of such Lot which constitute a violation of, or non-compliance with, the provisions of the Restrictions. All leases shall comply with and be subject to the provisions of the Restrictions and the provisions of same shall be deemed expressly incorporated into any lease of a Lot. This Section 3.5 shall also apply to assignments and renewals of leases.
3.6 Subdividing Combining Lots. No Lot shall be combined, further divided or subdivided, nor may any easements or other interests therein less than the whole be conveyed by the Owner thereof without the prior written approval of the Architectural Reviewer; provided, however, that when Declarant is the Owner thereof, Declarant may further divide and subdivide any Lot and convey any easements or other interests less than the whole, all without the approval of the Architectural Reviewer.
3.7 Hazardous Activities. No activities may be conducted on or within the Property
convey any easements or other interests less than the whole, all without the approval of the Architectural Reviewer.
3.7 Hazardous Activities. No activities may be conducted on or within the Property and no Improvements may be constructed on or within any portion of the Property which, in the opinion of the Board, are or might be unsafe or hazardous to any person or property.
Without limiting the generality of the foregoing, no firearms or fireworks may be discharged upon any portion of the Property unless discharged in conjunction with an event approved in SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 18 advance by the Board and no open fires may be lighted or permitted except within safe and well-designed fireplaces or in contained barbecue units while attended and in use for cooking purposes. No portion of the Property may be used for the takeoff, storage, or landing of aircraft (including, without limitation, helicopters, or drones) except for medical emergencies.
3.8 Insurance Rates. Nothing shall be done or kept on the Property which would increase the rate of casualty or liability insurance or cause the cancellation of any such insurance on the Common Area or Special Common Area, or the Improvements located thereon, without the prior written approval of the Board.
3.9 Mining and Drilling. No portion of the Property, the Common Area, or the Special Common Area may be used for the purpose of mining quarrying, drilling boring, or any kind rocks, stones, exploring for or removing oil, gas, or other hydrocarbons, minerals sand, gravel, aggregate, or earth. This provision will not be construed to prevent the excavation of rocks, stones, sand, gravel, aggregate, or earth or the storage of such material for use as fill
ls sand, gravel, aggregate, or earth. This provision will not be construed to prevent the excavation of rocks, stones, sand, gravel, aggregate, or earth or the storage of such material for use as fill provided that such activities are conducted in conjunction with the construction of Improvements and/or the development of the Property, the Common Area, or the Special Common Area by the Declarant.
Unofficial 3.10 Noise. No exterior speakers horns, whistles, bells, or other sound devices (other than security devices used exclusively for security purposes) shall be located, used, or placed on any portion of the Property. No noise or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to any other portion of the Property or to its Residents. Without limiting the generality of the foregoing, if any noise or nuisance emanates from any Improvement on any Lot, the Association may (but shall not be obligated to) enter any such Improvement and take such reasonable actions necessary to terminate such noise (including silencing any burglar or break-in alarm).
3.11 Clotheslines Window Air Conditioners. No clotheslines and no outdoor clothes drying or hanging shall be permitted within the Property, nor shall anything be hung, painted or displayed on the outside of the windows (or inside, if visible from the outside) or placed on the outside walls or outside surfaces of doors of any of the Dwelling, and no awnings, canopies or shutters (except for those heretofore or hereinafter installed by Declarant) shall be affixed or placed upon the exterior walls or roofs of Dwellings, or any part thereof, nor relocated on extended, without the prior written consent of the Architectural Reviewer.
by Declarant) shall be affixed or placed upon the exterior walls or roofs of Dwellings, or any part thereof, nor relocated on extended, without the prior written consent of the Architectural Reviewer.
Window air conditioners are prohibited.
3.12 Animals - Household Pets. No animals, including pigs, hogs, swine, poultry, fowl, wild animals, horses, cattle, sheep, goats, or any other type of animal not considered to be a domestic household pet within the ordinary meaning and interpretation of such words may be kept, maintained, or cared for on or within the Property (as used in this paragraph, the term "domestic household pet" shall not mean or include non-traditional pets such ferrets, potbellied pigs, miniature horses, goats, exotic snakes or lizards, monkeys, chickens or other exotic SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 19 animals). The Board may conclusively determine, in its sole discretion, whether a particular pet is a domestic household pet within the ordinary meaning and interpretation of such words. No Owner may keep more than two (2) cats and dogs, in the aggregate, unless otherwise approved by the Board. No animal may be allowed to make an unreasonable amount of noise, or to become a nuisance, and no domestic pets will be allowed on the Property other than within the Owner's Dwelling, or the fenced yard space associated therewith, unless confined to a leash.
The Association may restrict pets to certain areas on the Property. No animal may be stabled, maintained, kept, cared for, or boarded for hire or remuneration within the Property, and no kennels or breeding operation will be allowed. No animal may be allowed to run at large and
may be stabled, maintained, kept, cared for, or boarded for hire or remuneration within the Property, and no kennels or breeding operation will be allowed. No animal may be allowed to run at large and all animals must be kept within enclosed areas which must be clean, sanitary, and reasonably free of refuse, insects, and waste at all times. No pet may be left unattended in yards, porches or other outside area. All pet waste will be removed and appropriately disposed of by the owner of the pet. All pets must be registered, licensed and vaccinated as required by Applicable Law. If, in the opinion of the Board, any pet becomes source of unreasonable annoyance to others, or the owner of the pet fails or refuses to comply with these restrictions, the Owner, upon written notice, may be required to remove the pet front the Property.
Unofficial 3.13 Rubbish and Debris. No rubbish or debris of any kind may be placed or permitted to accumulate on or within the Property and no odors will be permitted to arise therefrom so as to render all or any portion of the Property unsanitary, unsightly, offensive, or detrimental to any other property or Residents. Refuse, garbage, and trash must be kept at all times in covered containers, and such containers must be kept within enclosed structures or appropriately screened from view. Each Owner will contract with an independent disposal service to collect all garbage or other wastes, if such service is not provided by a governmental entity or the Association.
3.14 Maintenance. Subject to the maintenance responsibilities assigned to the Association pursuant to Article 9, the Owners of each Lot shall jointly and severally have the duty and responsibility, at their sole cost and expense, to keep their Lot and all Improvements
ed to the Association pursuant to Article 9, the Owners of each Lot shall jointly and severally have the duty and responsibility, at their sole cost and expense, to keep their Lot and all Improvements thereon in good condition and repair and in a well-maintained, safe, clean and attractive condition at all times. The Board, in its sole discretion, shall determine whether a violation of the maintenance obligations set forth in this Section 3.14 has occurred. Such maintenance includes, but is not limited to the following, which shall be performed in a timely manner, as determined by the Board, in its sole discretion: (i) Prompt removal of all litter, trash, refuse, and wastes.
(ii) Lawn mowing.
(iii) Tree and shrub pruning.
(iv) Watering of lawn and landscaping.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 20 3.15 (v) (vi) Keeping exterior lighting and mechanical facilities in working order.
Keeping lawn and garden areas alive, free of weeds, and attractive.
(vii) Keeping planting beds free of turf grass.
(viii) Keeping sidewalks and driveways in good repair.
(ix) Complying with Applicable Law.
(x) Repainting of Improvements.
(xi) Repair of exterior damage, and wear and tear to improvements.
Trash Containers. Trash containers and recycling bins must be stored in one of the following locations: (i) inside the garage of the single family Dwelling constructed on the Lot; or Unofficial (ii) behind the single-family Dwelling or fence constructed on the Lot in such a manner that the trash container and recycling bin is not visible from any street alley, or adjacent Lot.
The Board shall have the right to specify additional locations on each Owner's Lot in which trash containers or recycling bins must be stored.
in is not visible from any street alley, or adjacent Lot.
The Board shall have the right to specify additional locations on each Owner's Lot in which trash containers or recycling bins must be stored.
3.16 Antenna Except as expressly provided below, no exterior radio or television antenna of aerial or satellite dish or disc, shall be erected, maintained, or placed on a Lot without the prior written approval of the Architectural Reviewer; provided, however, that: (ii) an antenna designed to receive direct broadcast services, including direct-to-home satellite services, that is one meter or less in diameter; or an antenna designed to receive video programming services via multipoint distribution services, including multi-channel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, that is one meter or less in diameter or diagonal measurement; or (iii) an antenna that is designed to receive television or radio broadcast signals; SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 21 (collectively, (i) through (iii) are referred to herein as the "Permitted Antennas") will be permitted subject to reasonable requirements as to location and screening as may be set forth in rules adopted by the Architectural Reviewer, consistent with Applicable Law, in order to minimize obtrusiveness as viewed from streets and adjacent property. Declarant and/or the Association will have the right, but not the obligation, to erect an aerial, satellite dish, or other apparatus for a master antenna, cable, or other communication system for the benefit of all or any portion of the Property.
3.17 Location of Permitted Antennas. A Permitted Antenna may be installed solely
ratus for a master antenna, cable, or other communication system for the benefit of all or any portion of the Property.
3.17 Location of Permitted Antennas. A Permitted Antenna may be installed solely on the Owner's Lot and shall not encroach upon any street, easements, setbacks, Common Area, Special Common Area, or any other portion of the Property. A Permitted Antenna shall be installed in a location on the Lot from which an acceptable quality signal can be obtained and where least visible from the street and the Property, other than the Lot In order of preference, the locations of a Permitted Antenna which will be considered least visible by the Architectural Reviewer are as follows: (i) Attached to the back of the principal single-family Dwelling constructed on the Lot, with no part of the Permitted Antenna any higher than the lowest point of the roofline and screened from view of adjacent Lots and the street; then (ii) Attached to the side of the principal single-family Dwelling Unofficia constructed on the Lot, with no part of the Permitted Antenna any higher than the lowest point of the roofline and screened from view of adjacent Lots and the street.
The Architectural Reviewer may, from time to time, modify, amend, or supplement the rules regarding installation and placement of Permitted Antennas.
Signs. Unless otherwise prohibited by Applicable Law, no sign of any kind may be displayed to the public view on any Lot without the prior written approval of the Architectural Reviewer, except for: (ii) (iii) signs which are permitted pursuant to any Architectural Reviewer guidelines or Rules; signs which are part of Declarant's or Homebuilder's overall marketing, sale, or construction plans or activities for the Property;
ermitted pursuant to any Architectural Reviewer guidelines or Rules; signs which are part of Declarant's or Homebuilder's overall marketing, sale, or construction plans or activities for the Property; one (1) temporary "For Sale" sign placed on the Lot. The sign must be professionally made and shall be limited to a maximum face area of five (5) square feet on each visible side and, if free SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 22 (iv) (v) (vi) standing, is mounted on a single or frame post. The overall height of the sign from the finished grade of the Lot at the spot where the sign is located may not exceed four (4) feet. The sign must be removed within two (2) business days following the sale or lease of the Lot; permits as may be required by legal proceedings or a governmental entity; political signs may be erected provided the sign: (a) is erected no earlier than the 90th day before the date of the election to which the sign relates; (b) is removed no later than the 10th day after the date of the election to which the sign relates; and (c) mounted. Only one sign may be erected for each candidate or ballot item. In addition, signs which include any of the components or characteristics described in Section 202.009(c) of the Texas Property Code are prohibited; nofficia a religious item on the entry door or door frame of a Dwelling (which may not extend beyond the outer edge of the door frame), provided that the size of the item(s), individually or in combination with other religious items on the entry door or door frame of the Dwelling, does not exceed twenty-five (25) square a no soliciting and security warning" sign near or on the front door to their Dwelling, provided, that the sign may not exceed
or or door frame of the Dwelling, does not exceed twenty-five (25) square a no soliciting and security warning" sign near or on the front door to their Dwelling, provided, that the sign may not exceed twenty-five (25) square inches.
For Lease and For Rent signs are expressly prohibited.
3.19 Flags-Approval Requirements. An Owner is permitted to display the flag of the United States of America the flag of the State of Texas, or an official or replica flag of any branch of the United States Military ("Permitted Flag") and permitted to install a flagpole no more than five feet (5) in length affixed to the front of a Dwelling near the principal entry or affixed to the rear of a Dwelling ("Permitted Flagpole"). Only two (2) permitted Flagpoles are allowed per Dwelling. A Permitted Flag or Permitted Flagpole need not be approved in advance by the Architectural Reviewer. Approval by the Architectural Reviewer is required prior to installing vertical freestanding flagpoles installed in the front or back yard area of any Lot ("Freestanding Flagpole”). To obtain Architectural approval of any Freestanding Flagpole, the Owner shall provide the Architectural Reviewer with the following information: (a) the location of the Freestanding Flagpole to be installed on the Lot; (b) the type of Freestanding Flagpole to be installed; (c) the dimensions of the Freestanding Flagpole; and (d) the proposed SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 23 materials of the Freestanding Flagpole (the "Flagpole Application"). A Flagpole Application may only be submitted by an Owner. The Flagpole Application shall be submitted in accordance with the provisions of Article 11 of this Declaration.
3.20
"Flagpole Application"). A Flagpole Application may only be submitted by an Owner. The Flagpole Application shall be submitted in accordance with the provisions of Article 11 of this Declaration.
3.20 Flags - Installation and Display. Unless otherwise approved in advance and in writing by the Architectural Reviewer, Permitted Flags, Permitted Flagpoles and Freestanding Flagpoles, installed in accordance with the Flagpole Application, must comply with the following: (a) no more than one (1) Freestanding Flagpole OR no more than twe Permitted Flagpoles are permitted per Lot, on which only Permitted Flags may displayed; (b) any Permitted Flagpole must be no longer than five feet (5) in length and any Freestanding Flagpole must be no more than twenty feet (20) in height; (c) any Permitted Flag displayed on any flagpole may not be more than three feet in height by five feet in width (3'x5'); (d) with the exception of flags displayed on a Common Area or any Lot which is being used for marketing purposes by Homebuilder, the flag of the United States of America must be displayed in accordance with 4 U.S.C. Sections 5-10 and the flag of the State of Texas must be displayed in accordance with Chapter 3100 of the Texas Government Code; Unofficial (e) the display of a Permitted Flag, or the location and construction of a Permitted Flagpole or Freestanding Flagpole must comply with all Applicable Law, easements and setbacks of record; each Permitted Flagpole and Freestanding Flagpole must be constructed of permanent, long-lasting materials, with a finish appropriate to the materials used in the construction thereof and harmonious with the Dwelling; each Permitted Flag, Permitted Flagpole or Freestanding Flagpole must
g-lasting materials, with a finish appropriate to the materials used in the construction thereof and harmonious with the Dwelling; each Permitted Flag, Permitted Flagpole or Freestanding Flagpole must be maintained in good condition and any deteriorated Permitted Flag or deteriorated or structurally unsafe Permitted Flagpole or Freestanding Flagpole must be repaired, replaced or removed; (h) a Permitted Flag may be illuminated by no more than one (1) halogen landscaping light of low beam intensity which shall not be aimed towards or directly affect any neighboring Lot; and SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 24 (i) any external halyard of a Permitted Flagpole or Freestanding Flagpole must be secured so as to reduce or eliminate noise from flapping against the metal of the Permitted Flagpole or Freestanding Flagpole.
The requirements of this Section 3.20 shall not apply to any flag or flagpole erected by the Declarant.
3.21 Tanks. The Architectural Reviewer must approve any tank used or proposed in connection with a Dwelling, including tanks for storage of fuel, water, oil, or liquid petroleum gas (LPG). No elevated tanks of any kind may be erected, placed or permitted on any ot without the advance written approval of the Architectural Reviewer. All permitted tanks must be screened from view in accordance with a screening plan approved in advance by the Architectural Reviewer. This provision will not apply to a tank used to operate residential gas grill.
3.22 Temporary Structures.
standard No tent, shack, or other temporary building, or Improvement or structure shall be placed upon the Property without the prior written approval of the Architectural Reviewer; provided, however, that temporary structures necessary for
ary building, or Improvement or structure shall be placed upon the Property without the prior written approval of the Architectural Reviewer; provided, however, that temporary structures necessary for storage of tools and equipment, and for office space for Declarant, Homebuilders, architects, and foremen during actual construction may be maintained with the prior approval of the Architectural Reviewer, approval to include the nature, size, duration, and location of such Unofficial structure.
3.23 Unsightly Articles; Vehicles. No article deemed to be unsightly by the Board shall be permitted to remain on any Lot so as to be visible from adjoining property or from public or private thoroughfares. No repair or maintenance work shall be done on any commercial vehicles or equipment, recreational vehicles, boats and other watercraft, trailers, or on any automobile (other than minor emergency repairs), except in enclosed garages. Service areas, storage areas compost piles and facilities for hanging, drying or airing clothing or household fabrics must be appropriately screened from view and, no lumber, grass, plant waste, shrub or tree clippings, metals, bulk materials, scrap, refuse or trash shall be kept, stored, or allowed to accumulate on any portion of the Property except within enclosed structures or appropriately screened from view. No: (i) racing vehicles; or (ii) other vehicles (including, without limitation, motorcycles or motor scooters) which are inoperable or do not have a current license tag shall be permitted to remain visible on any Lot or to be parked on any street or driveway within the Property.
Parking of commercial vehicles or equipment, recreational vehicles, boats and other
e tag shall be permitted to remain visible on any Lot or to be parked on any street or driveway within the Property.
Parking of commercial vehicles or equipment, recreational vehicles, boats and other watercraft, trailers, stored vehicles or inoperable vehicles in places other than in enclosed garages is prohibited; provided, construction, service and delivery vehicles may be exempt from this provision for such period of time as is reasonably necessary to provide service or to make a delivery to a Dwelling.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 25 Mobile homes are prohibited. Notwithstanding the foregoing, sales trailers or other temporary structures installed by the Declarant, Homebuilder or expressly approved by the Architectural Reviewer shall be permitted.
3.24 Basketball Goals; Permanent and Portable. Portable basketball goals may be used in unfenced yards and on private driveways in the Property during periods of active play, if the portable goals are removed from sight when not in use. Portable basketball goals must be maintained in good condition and repair, and may not be placed in any right of way. If determined unsightly by the Architectural Reviewer or placed in the right of way the Association may cause the basketball goals to be removed without liability for damage to said equipment. Basketball goals may not be permanently installed on a Lot.
3.25 Garages. All garages shall be maintained for the parking of automobiles, may not be used for storage or other purposes which preclude its use for the parking of automobiles, and no garage may be permanently enclosed or otherwise used for habitation 3.26 On Street Parking. Unless otherwise approved by the Declarant or the Board,
lude its use for the parking of automobiles, and no garage may be permanently enclosed or otherwise used for habitation 3.26 On Street Parking. Unless otherwise approved by the Declarant or the Board, no vehicle may be parked on any road or street ithin the Property unless in the event of an emergency. "Emergency" for purposes of the foregoing sentence shall mean an event which jeopardizes life or property. "Parked" as used herein shall be defined as a vehicle left unattended by a licensed operator for more than thirty (30) consecutive minutes. This provision will not apply to Declarant or its designee during the Development Period.
Unofficial 3.27 Compliance with Restrictions Each Owner, his or her family, Residents of a Dwelling, tenants, and the guests, invitees, and licensees of the preceding shall comply strictly with the provisions of the Restrictions as the same may be amended from time to time. Failure to comply with any of the Restrictions shall constitute a violation of the Restrictions and may result in a fine against the Owner in accordance with Section 7.1 of this Declaration, and shall give rise to a cause of action to recover sums due for damages or injunctive relief, or both, maintainable by the Declarant, the Board on behalf of the Association, the Architectural Reviewer or by an aggrieved Owner. Without limiting any rights or powers of the Association, the Board may (but shall not be obligated to) remedy or attempt to remedy any violation of any of the provisions of Restrictions, and the Owner whose violation has been so remedied shall be personally liable to the Association for all costs and expenses of effecting (or attempting to effect) such remedy. If such Owner fails to pay such costs and expenses upon demand by the
edied shall be personally liable to the Association for all costs and expenses of effecting (or attempting to effect) such remedy. If such Owner fails to pay such costs and expenses upon demand by the Association, such costs and expenses (plus interest from the date of demand until paid at the maximum lawful rate, or if there is no such maximum lawful rate, at the rate of one and one-half percent (1-1/2%) per month) shall be assessed against and chargeable to the Owner's Lot(s). Any such amounts assessed and chargeable against a Lot shall be secured by the liens reserved in this Declaration for Assessments and may be collected by any means provided in this Declaration for the collection of Assessments, including, but not limited to, foreclosure of such liens against the Owner's Lot(s). EACH SUCH OWNER SHALL RELEASE AND HOLD HARMLESS THE ASSOCIATION AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 26 AGENTS FROM ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION INCURRED OR THAT MAY ARISE BY REASON OF THE ASSOCIATION'S ACTS OR ACTIVITIES UNDER THIS SECTION 3.28 (INCLUDING ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION ARISING OUT OF THE ASSOCIATION'S NEGLIGENCE IN CONNECTION THEREWITH), EXCEPT FOR SUCH COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION ARISING BY REASON OF THE ASSOCIATION'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. "GROSS NEGLIGENCE" AS USED HEREIN DOES NOT INCLUDE SIMPLE NEGLIGENCE, CONTRIBUTORY NEGLIGENCE OR SIMILAR NEGLIGENCE SHORT OF ACTUAL GROSS NEGLIGENCE.
3.28 Liability of Owners for Damage to Common Area or Special Common Area.
No Owner shall in any way alter, modify, add to or otherwise perform any work upon the Area
SHORT OF ACTUAL GROSS NEGLIGENCE.
3.28 Liability of Owners for Damage to Common Area or Special Common Area.
No Owner shall in any way alter, modify, add to or otherwise perform any work upon the Area of Common Responsibility, Common Area, or Special Common Area without the prior written approval of the Board and the Declarant during the Development Period Each Owner shall be liable to the Association for any and all damages to: (i) the Common Area or special Common Area and any Improvements constructed thereon; or (ii) any Improvements constructed on any Lot, the maintenance of which has been assumed by the Association, including but not limited to the Area of Common Responsibility, which damages were caused by the neglect, misuse or negligence of such Owner or Owner's family, of by any tenant or other Resident of such Owner's Lot, or any guest or invitee of such Owner. The full cost of all repairs of such damage shall be levied as an Individual Assessment against such Owner's Lot, secured by a lien against such Owner's Lot and collectable in the same manner as provided in Article 8 of this Declaration.
Unofficial 3.29 Water Quality Facilities, Drainage Facilities and Drainage Ponds.
The Common Area may include, now or in the future, one or more water quality facilities, sedimentation, drainage and detention facilities, or ponds which serve all or a portion of the Property and are inspected, maintained and administered by the Association in accordance with Applicable Law. Access to these facilities and ponds is limited to persons engaged by the Association to periodically maintain such facilities. Each Resident is advised that the water quality facilities, sedimentation, drainage and detention facilities and ponds are an active utility
y the Association to periodically maintain such facilities. Each Resident is advised that the water quality facilities, sedimentation, drainage and detention facilities and ponds are an active utility feature integral to the proper operation of the Property and may periodically hold standing water Each Resident is advised that entry into the water quality facilities, sedimentation, drainage and detention facilities or ponds may result in injury and is a violation of the Restrictions.
3.30 Decorations and Lighting. Unless otherwise permitted by Section 3.18(vi), no decorative appurtenances such as sculptures, birdbaths and birdhouses, fountains, or other decorative embellishments shall be placed on the Dwelling or on the front yard or on any other portion of a Lot which is visible from any street, unless such specific items have been approved in writing by the Architectural Reviewer. Customary seasonal decorations for holidays are permitted without approval by the Architectural Reviewer but shall be removed within thirty SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 27 (30) days of the applicable holiday. Outside lighting fixtures shall be placed so as to illuminate only the yard of the applicable Lot and so as not to affect or reflect into surrounding Dwellings or yards. No mercury vapor, sodium or halogen light shall be installed on any Lot which is visible from any street unless otherwise approved by the Architectural Reviewer.
3.31 Streets Within the Property. The streets located within the Property are public and maintained by the City.
(a) Public Streets. Public streets are not Common Area, but may be maintained and/or regulated by the Association to the extent they are not maintained or regulated
public and maintained by the City.
(a) Public Streets. Public streets are not Common Area, but may be maintained and/or regulated by the Association to the extent they are not maintained or regulated by a governmental authority. As to public streets, the Association, acting through the Board, is specifically authorized: (i) to accept from applicable governmental authorities any delegation of street-related duties; and (ii) to act as attorney in fact for the Owners in executing instruments required by Applicable Law to impose, modify, of remove restrictions or traffic devices (such as speed bumps) on public streets serving and adjacent to the Property.
3.32 Swimming Pools. Any swimming pool constructed on a Lot must be enclosed with a fence or other enclosure device completely surrounding the swimming pool which, at a minimum, satisfies all Applicable Law and be approved in advance by the ACC. Nothing in this Section 3.10 is intended or shall be construed to limit or affect an Owner's obligation to comply with any Applicable Law concerning swimming pool enclosure requirements. All pool service equipment shall be either screened with shrubbery or fenced and located in either: (i) a side yard between the front and rear boundaries of the dwelling; or (ii) in the rear yard.
Above-ground or temporary swimming pools are not permitted on a Lot.
Unofficial 3.33 No Warranty of Enforceability. Declarant makes no warranty or representation as to the present or future validity or enforceability of any Restrictions. Any Owner acquiring a Lot in reliance on the Restrictions shall assume all risks of the validity and enforceability thereof and, by acquiring the Lot, agrees to hold Declarant harmless therefrom.
ons. Any Owner acquiring a Lot in reliance on the Restrictions shall assume all risks of the validity and enforceability thereof and, by acquiring the Lot, agrees to hold Declarant harmless therefrom.
Utilities Each residence situated on a Lot shall be connected to the public water and sanitary sewer lines, and shall be connected to the gas service provided to the Property, if any No privy, cesspool or septic tank shall be placed or maintained upon or in any Lot.
However, portable toilets will be allowed during building construction. The use of any propane, butane, Gas or other gas tank, bottle or cylinder of any type (except on portable gas grills) is prohibited. Except as to street lighting (if any) all utility service facilities (including, but not limited to, water, sewer, gas, electricity and telephone) shall be buried underground (except meters, transformers, risers, service pedestals and other surface installations necessary to maintain or operate appropriate underground facilities). Electric utility transformers may be installed only in locations designated on the Plat for such purpose or otherwise approved in writing by the Architectural Control Committee, and all Improvements on a Lot on which an electric transformer pad easement is located as shown on the Plat must be installed in SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 28 compliance with all electric company guidelines for separations from pad-mounted transformers.
ARTICLE 4 CONSTRUCTION RESTRICTIONS no 4.1 Approval for Construction. Unless prosecuted by the Declarant, Improvements shall hereafter be placed, maintained, erected, or constructed upon any Lot without the prior written approval of the Architectural Reviewer in accordance with Article 11 of this Declaration.
ovements shall hereafter be placed, maintained, erected, or constructed upon any Lot without the prior written approval of the Architectural Reviewer in accordance with Article 11 of this Declaration.
4.2 Fences; Sidewalks. All fences and walls shall comply with all Applicable Law.
Unless otherwise approved by the Architectural Reviewer, no fence, wall or hedge will be erected or maintained on any Lot nearer to the street than the front elevation of the Dwelling constructed on the Lot, except for fences erected in conjunction with the mode homes or sales offices. The Architectural Reviewer will have the sole discretion to determine the front elevation of the Dwelling for the purpose of this Section 4.2. All fences shall be in conformance with the Design Guidelines, unless otherwise approved in advance by the Architectural Reviewer.
Perimeter fences may not exceed six (6) feet in height unless otherwise approved by the Architectural Reviewer. No chain-link, met cloth or agricultural fences may be installed or maintained on a Lot. If required by the Plat, the Owner of each Lot shall construct, at such Owner's sole cost and expense and prior to occupying any Improvement, a sidewalk on such Owner's Lot, located and designed in conformance with the Plat. The Association, as its sole discretion, may maintain perimeter fences constructed on corner Lots on streets facing main public streets or highways. Declamant shall not be liable for repairs or maintenance of fencing constructed on any lot.
Unofficial 4.3 Drainage There shall be no interference with the established drainage patterns over any the Property, including the Lots, except by Declarant, unless adequate provision is made for proper drainage and such provision is approved in advance by the Architectural
d drainage patterns over any the Property, including the Lots, except by Declarant, unless adequate provision is made for proper drainage and such provision is approved in advance by the Architectural Reviewer. Specifically, and not by way of limitation, no Improvement, including landscaping, may be installed which impedes the proper drainage of water between Lots or within the Compliance with Setbacks. No Dwelling or any other permanent structure or Improvement may be constructed on any Lot nearer to a street than the minimum building setback lines shown on the Plat or as required by Applicable Law, and no building shall be located on any utility easements. The Architectural Reviewer may require additional setbacks in conjunction with the review and approval of proposed Improvements in accordance with Article 11 of the Declaration.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 29 4.5 Solar Energy Device. A Solar Energy Device may be installed with the advance written approval of the Architectural Reviewer.
4.5.1 Application. To obtain Architectural Reviewer approval of a Solar Energy Device, the Owner shall provide the Architectural Reviewer with the following information: (i) the proposed installation location of the Solar Energy Device; and (ii) a description of the Solar Energy Device, including the dimensions, manufacturer, and photograph or other accurate depiction (the "Solar Application"). A Solar Application may only be submitted by an Owner. The Solar Application shall be submitted in accordance with the provisions of Article 11 of this Declaration.
4.5.2 Approval Process. The Architectural Reviewer will review the Solar Application in accordance with the terms and provisions of Article 11 of this Declaration.
s of Article 11 of this Declaration.
4.5.2 Approval Process. The Architectural Reviewer will review the Solar Application in accordance with the terms and provisions of Article 11 of this Declaration.
The Architectural Reviewer will approve a Solar Energy Device if the Solar Application complies with Section 4.5.3 below UNLESS the Architectural Reviewer makes a written determination that placement of the Solar Energy Device, despite compliance with Section 4.5.3, will create a condition that substantially interferes with the use and enjoyment of property within the Property by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities The Architectural Reviewer's right to make a written determination in accordance with the foregoing sentence is negated if all Owners of Lots immediately adjacent to the Owner applicant provide written approval of the proposed placement. Any proposal to install a Solar Energy Device on property owned or maintained by the Association or property owned in common by Members of the Association must be approved in advance and in writing by the Board, and the Board need not adhere to this policy when considering any such request.
Unofficial Approval Conditions Unless otherwise approved in advance and in writing by the Architectural Reviewer, each Solar Application and each Solar Energy Device to be installed in accordance therewith must comply with the following: The Solar Energy Device must be located on the roof of the Dwelling located on the Owner's Lot, entirely within a fenced area of the Owner's Lot, or entirely within a fenced patio located on the Owner's Lot. If the Solar Energy Device will be located on the roof of the Dwelling, the Architectural Reviewer may designate the location for placement unless the
within a fenced patio located on the Owner's Lot. If the Solar Energy Device will be located on the roof of the Dwelling, the Architectural Reviewer may designate the location for placement unless the location proposed by the Owner increases the estimated annual energy production of the Solar Energy Device, as determined by using a publicly available modeling tool provided by the National Renewable Energy Laboratory, by more than 10 percent above the energy production of the Solar Energy Device if installed in the location designated by the Architectural Reviewer.
If the Owner desires to contest the alternate location proposed by the Architectural Reviewer, the Owner should submit information to the Architectural Reviewer which demonstrates that the Owner's proposed location meets the foregoing criteria. If the Solar Energy Device will be located in the fenced area of the Owner's Lot or patio, no portion of the Solar Energy Device may extend above the fence line.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 30 If the Solar Energy Device is mounted on the roof of the principal Dwelling located on the Owner's Lot, then: (a) the Solar Energy Device may not extend higher than or beyond the roofline; (b) the Solar Energy Device must conform to the slope of the roof and the top edge of the Solar Device must be parallel to the roofline; and (c) the frame, support brackets, or visible piping or wiring associated with the Solar Energy Device must be silver, bronze or black.
4.6 Rainwater Harvesting Systems. Rain barrels or rainwater harvesting systems (a "Rainwater Harvesting System") may be installed with the advance written approval of the Architectural Reviewer.
4.6.1 Application. To obtain Architectural Reviewer approval of a Rainwater
systems (a "Rainwater Harvesting System") may be installed with the advance written approval of the Architectural Reviewer.
4.6.1 Application. To obtain Architectural Reviewer approval of a Rainwater Harvesting System, the Owner shall provide the Architectural Reviewer with the following information: (a) the proposed installation location of the Rainwater Harvesting System; and (b) a description of the Rainwater Harvesting System, including the color, dimensions, manufacturer, and photograph or other accurate depiction (the "Rain System Application"). A Rain System Application may only be submitted by an Owner.
4.6.2 Approval Process. The decision of the Architectural Reviewer will be made in accordance with Article 11 of this Declaration. Any proposal to install a Rainwater Harvesting System on property owned by the Association or property owned in common by Members of the Association must be approved in advance and in writing by the Board, and the Board need not adhere to this policy when considering any such request.
Unofficial 4.6.3 Approval Conditions. Unless otherwise approved in advance and in writing by the Architectural Reviewer, each Rain System Application and each Rainwater Harvesting System to be installed in accordance therewith must comply with the following: (iii) The Rainwater Harvesting System must be consistent with the color scheme of the Dwelling constructed on the Owner's Lot, as reasonably determined by the Architectural Reviewer.
The Rainwater Harvesting System does not include any language or other content that is not typically displayed on such a device.
The Rainwater Harvesting System is in no event located between the front of the Dwelling constructed on the Owner's Lot and any adjoining or adjacent street.
SORRELLWOOD TERRACE
ayed on such a device.
The Rainwater Harvesting System is in no event located between the front of the Dwelling constructed on the Owner's Lot and any adjoining or adjacent street.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 31 4.6.4 (iv) (v) There is sufficient area on the Owner's Lot to install the Rainwater Harvesting System, as reasonably determined by the Architectural Reviewer.
If the Rainwater Harvesting System will be installed on or within the side yard of a Lot, or would otherwise be visible from a street, the Common Area, or another Owner's Lot, the Architectural Reviewer may regulate the size, type, shielding of, and materials used in the construction of the Rainwater Harvesting System See Section 4.6.4 for additional guidance.
Guidelines. If the Rainwater Harvesting System will be installed on or within the side yard of a Lot, or would otherwise be visible from a street, the Common Area, Special Common Area, or another Owner's Lot, the Architectural Reviewer may regulate the size, type, shielding of, and materials used in the construction of the Rain System Rainwater Harvesting System. Accordingly, when submitting Unofficial Application, the application should descube methods proposed by the Owner to shield the Rainwater Harvesting System from the new of any street, Common Area, Special Common Area, or another Owner's Lot. When reviewing a Rain System Application for a Rainwater Harvesting System that will be installed on or within the side yard of a Lot, or would otherwise be visible from a street, the Common Area, Special Common Area, or another Owner's Lot, any additional requirements imposed by the Architectural Reviewer to regulate the size, type, shielding of and materials used in the construction
mon Area, Special Common Area, or another Owner's Lot, any additional requirements imposed by the Architectural Reviewer to regulate the size, type, shielding of and materials used in the construction of the Rainwater Harvesting System, may not prohibit the economic installation of the Rainwater Harvesting System, as reasonably determined by the Architectural Reviewer .
4.7 Xeriscaping As part of the installation and maintenance of landscaping on an Owner's Lot, an Owner may submit plans for and install drought tolerant landscaping ("Xeriscaping") upon written approval by the Architectural Reviewer. All Owners implementing Xeriscaping shall comply with the following: Application. Approval by the Architectural Reviewer is required prior to installing Xeriscaping. To obtain the approval of the Architectural Reviewer for Xeriscaping, the Owner shall provide the Architectural Reviewer with the following information: (i) the proposed site location of the Xeriscaping on the Owner's Lot; (ii) a description of the Xeriscaping, including the types of plants, border materials, hardscape materials and photograph or other accurate depiction and (iii) the percentage of yard to be covered with gravel, rocks and cacti (the "Xeriscaping Application"). A Xeriscaping Application may only be submitted by an Owner unless the Owner's tenant provides written confirmation at the time of submission that the Owner consents to the Xeriscaping Application. The Architectural Reviewer is not responsible for: (i) errors or omissions in the Xeriscaping Application submitted to the Architectural Reviewer for approval; (ii) supervising installation or construction to confirm compliance with an SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 32
o the Architectural Reviewer for approval; (ii) supervising installation or construction to confirm compliance with an SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 32 approved Xeriscaping Application or (iii) the compliance of an approved application with Applicable Law.
4.7.2 Approval Conditions. Unless otherwise approved in advance and in writing by the Architectural Reviewer, each Xeriscaping Application and all Xeriscaping to be installed in accordance therewith must comply with the following: (i) the 7, The Xeriscaping must be aesthetically compatible with other landscaping in the community as reasonably determined by Architectural Reviewer. For purposes of this Section "aesthetically compatible" shall mean overall and long-term aesthetic compatibility within the community. For example, an Owner's Lot plan may be denied if the Architectural Reviewer determines that: a) the proposed Xeriscaping would not be harmonious with already established turf and landscaping in the overall community; and/or by the use specific turf or plant materials would result in damage to or cause deterioration of the turf or landscaping of an adjacent property owner, resulting in a reduction of aesthetic appeal of the adjacent property Owner's Lot.
Unofficial (ii) No Owners shal install gravel, rocks or cacti that in the aggregate encompass over ten percent (10%) of such Owner's front yard or ten percent (10%) of such Owner's back yard.
The Xeriscaping must not attract diseases and insects that are harmful to the existing landscaping on neighboring Lots, as reasonably determined by the Architectural Reviewer.
Process. The decision of the Architectural Reviewer will be made within
nsects that are harmful to the existing landscaping on neighboring Lots, as reasonably determined by the Architectural Reviewer.
Process. The decision of the Architectural Reviewer will be made within a reasonable time, or within the time period otherwise required by the principal deed restrictions which govern the review and approval of improvements. A Xeriscaping Application submitted to install Xeriscaping on property owned by the Association or property owned in common by members of the Association will not be approved. Any proposal to install Xeriscaping on property owned by the Association or property owned in common by members of the Association must be approved in advance and in writing by the Board, and the Board need not adhere to the requirements set forth in this Section 4.7 when considering any such request.
4.7.4 Approval. Each Owner is advised that if the Xeriscaping Application is approved by the Architectural Reviewer, installation of the Xeriscaping must: (i) strictly comply with the Xeriscaping Application; (ii) commence within thirty (30) days of approval; and (iii) be diligently prosecuted to completion. If the Owner fails to cause the SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 33 Xeriscaping to be installed in accordance with the approved Xeriscaping Application, the Architectural Reviewer may require the Owner to: (i) modify the Xeriscaping Application to accurately reflect the Xeriscaping installed on the Property; or (ii) remove the Xeriscaping and reinstall the Xeriscaping in accordance with the approved Xeriscaping Application. Failure to install Xeriscaping in accordance with the approved Xeriscaping Application or an Owner's failure to comply with the post-approval
g in accordance with the approved Xeriscaping Application. Failure to install Xeriscaping in accordance with the approved Xeriscaping Application or an Owner's failure to comply with the post-approval requirements constitutes a violation of this Declaration and may subject the Owner to fines and penalties. Any requirement imposed by the Architectural Reviewer to resubmit a Xeriscaping Application or remove and relocate Xeriscaping in accordance with the approved Xeriscaping Application shall be at the Owner's sole cost and expense.
4.8 Roofing. Roofs of buildings may be constructed with Energy Efficiency Roofing with the advance written approval of the Architectural Reviewer. For the purpose of this Section 4.8, "Energy Efficiency Roofing" means shingles that are designed primarily to: (i) be wind and hail resistant; (ii) provide heating and cooling efficiencies greater than those provided by customary composite shingles; or (ii) provide solar generation capabilities. The Architectural Reviewer will not prohibit an Owner from Installing Energy Efficient Roofing provided that the Energy Efficient Roofing shingles: (1) resemble the shingles used or otherwise authorized for use within the community, (i) are more durable than, and are of equal or superior quality to, the shingles used or otherwise authorized for use within the community; and (iii) match the aesthetics of adjacent property. An Owner who desires to install Energy Efficient Roofing will be required to comply with the architectural review and approval procedures set forth the Restrictions. conjunction with any such approval process, the Owner should submit information which will enable the Architectural Reviewer to confirm the
l review and approval procedures set forth the Restrictions. conjunction with any such approval process, the Owner should submit information which will enable the Architectural Reviewer to confirm the criteria set forth in this Section 4.8. Any other type of roofing material shall be permitted only with the advance written approval of the Architectural Reviewer.
official Unof ARTICLE 5 DISCLOSURES This Article discloses selective features of the Property that may not be obvious to potential Owners and Residents. Because features may change over time, no disclosure in this Article should be relied upon without independent confirmation.
5.1 Service Contracts. Declarant may have contracted, on behalf of the Owner, for one or more services to be provided by vendors to the Dwellings on a contract basis, such as intrusion monitoring and cable television. In that event, whether or not an Owner chooses to use the service, the Owner is required its share of the contract for the contract period. The Association may serve as the conduit for the service fees and payments, which may be considered Regular Assessments or Individual Assessments. However, the Association is not the service provider and has no responsibility or liability for the availability or quality of the SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 34 service, or for the maintenance, repair, or replacement of the wires, conduits, equipment, or other fittings relating to the contract service.
5.2 Adjacent Uses and Thoroughfares. No representations are made regarding the use of adjacent property. The Property is located adjacent to thoroughfares that may be affected by traffic and noise from time to time and may be improved and/or widened in the future.
5.3
arding the use of adjacent property. The Property is located adjacent to thoroughfares that may be affected by traffic and noise from time to time and may be improved and/or widened in the future.
5.3 Fire Sprinkler Disclosure. The Structures may be constructed with a fire sprinkler system. If sprinklers are present, water lines and sprinkler heads may be the ceilings above rooms in the Dwelling. This disclosure is given because damage to, on malfunction of, a water line or sprinkler head may harm or destroy real and personal property.
Each Owner is solely responsible for all of the following: (i) (ii) (iii) determining the location and proper care of the sprinkler equipment, water lines and sprinkler heads in the Dwelling; preserving the integrity and functionality of the portion of the fire sprinkler system in their Dwelling instructing each Resident, invitees and contractors about the care and protection of the sprinkler system, including any applicable a Unofficial (iv) any damage to the Dwelling, an adjoining Dwelling, Common Area, Special Common Area, and/or any personal property (such as furnishings and clothing) caused by the functioning or malfunctioning of any component of the sprinkler system in or serving their Dwelling.
The Association does not inspect or fix water lines and sprinkler heads, if any, in your Dwelling.
Components of a fire sprinkler system may be located in the attic portion of the Dwelling. If the attic is also the location of air conditioning equipment or other equipment that requires periodic servicing or repair, to ensure protection of the water lines and sprinkler heads, the Owner is advised to closely supervise all persons using the attic.
5.4 Outside Conditions. Since in every neighborhood there are conditions that
protection of the water lines and sprinkler heads, the Owner is advised to closely supervise all persons using the attic.
5.4 Outside Conditions. Since in every neighborhood there are conditions that different people may find objectionable, it is acknowledged that there may be conditions outside of the Property that an Owner or Resident may find objectionable, and it shall be the sole responsibility of an Owner or Resident to become acquainted with neighborhood conditions that could affect the Property.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 35 5.5 Concrete.
5.5.1 Cracks. Minor cracks in poured concrete, including foundations, garage floors, sidewalks, driveways and patios, are inevitable as a result of the natural movement of soil (expansion and contraction), shrinkage during the curing of the concrete, and settling of a Structure.
5.5.2 Exposed Floors. This Section applies to Structures or Dwellings with exposed concrete floors. This notice is given because Owners may be inexperienced with concrete and expect it to be as forgiving as wood or sheetrock. In deciding whether, when, and how to fill cracks in exposed concrete floors, an Owner is hereby made aware that the color and texture of the fill material may not match the rest of the concrete floor. On some exposed concrete floors, fill materials make minor cracks more noticeable than if the cracks had been left in their natural state In addition, an Owner is hereby made aware that any specification for polished concrete means that the concrete will be polished, but this does not mean an Owner will be able to actually see their reflection in the floor.
Unofficial 5.6 Construction Activities. Declarant will be constructing portions of the Property
be polished, but this does not mean an Owner will be able to actually see their reflection in the floor.
Unofficial 5.6 Construction Activities. Declarant will be constructing portions of the Property and engaging in other construction activities related to the construction of Structures, Dwellings, Common Area, or Special Common Area Such construction activities may, from time to time, produce certain conditions on the Property, including, without limitation: (a) noise or sound that is objectionable because of its volume, duration, frequency or shrillness; (b) smoke; (c) noxious, toxic or corrosive fumes or gases; (d) obnoxious odors; (e) dust, dirt or flying ash; (f) unusual fire or explosion hazards, (2) temporary interruption of utilities; and/or (h) other conditions that may threaten the security or safety of persons within the Property.
Notwithstanding the foregoing all Owners and Residents agree that such conditions on the Property resulting from construction activities shall not be deemed a nuisance and shall not cause Declarant and its agents to be deemed in violation of any provision of the Declaration.
Moisture. Improvements within a Structure may trap humidity created by general use and occupancy. As a result, condensation may appear on the interior portion of windows and glass surfaces and fogging of windows and glass surfaces may occur due to temperature disparities between the interior and exterior portions of the windows and glass. If left unattended and not properly maintained by Owners and Residents, the condensation may increase resulting in staining, damage to surrounding seals, caulk, paint, wood work and sheetrock, and potentially, mildew and/or mold.
5.8 Mold and/or Mildew. Mold and/or mildew can grow in any portion of a
resulting in staining, damage to surrounding seals, caulk, paint, wood work and sheetrock, and potentially, mildew and/or mold.
5.8 Mold and/or Mildew. Mold and/or mildew can grow in any portion of a Structure and/or Dwelling that is exposed to elevated levels of moisture including, but not limited to, those portions of a Structure and/or Dwelling in which HVAC condenser units are located. Each Owner is advised to regularly inspect the Owner's Dwelling for the existence of mold, mildew and/or water intrusion (except when the water intrusion is part of the normal SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 36 functioning of Improvements and appliances such as showers, sinks, dishwashers and other similar appliances and Improvements) and/or damage.
5.9 Encroachments. Improvements may have been constructed on adjoining lands that encroach onto the Property. Declarant gives no representations or warranties as to property rights, if any, created by any such encroachments.
5.10 Budgets. Any budgets of the Association provided by the Declarant are based on estimated expenses only without consideration for the effects of inflation and may increase or decrease significantly when the actual expenses become known.
5.11 View Impairment. Neither Declarant nor the Association guarantee or represent that any natural light available to or view from any Dwelling or Lot will be preserved without impairment. The natural light available to and views from a Dwelling or Lor can change over time due to among other things, additional development and the removal or addition of landscaping. Neither the Declarant, the Architectural Reviewer, nor the Association shall have
Lor can change over time due to among other things, additional development and the removal or addition of landscaping. Neither the Declarant, the Architectural Reviewer, nor the Association shall have any obligation to relocate, prune, or thin trees or perform other landscaping The Association (with respect to any Common Area or Special Common Area) will have the right to add trees and other landscaping from time to time, subject to Applicable Law. There shall be no express or implied easements for view purposes or for the passage of light and air. NATURAL LIGHT AND VIEWS ARE NOT PROTECTED, Inofficial 5.12 Schools. No representations are being made regarding which schools may now or in the future serve the Property.
5.13 Suburban Environment The Property is located in a suburban environment.
Sound and vibrations may be audible and felt from such things as sirens, whistles, horns, the playing of music, people speaking loudly, trash being picked up, deliveries being made, equipment being operated, dogs barking, construction activity, building and grounds maintenance being performed, automobiles, buses, trucks, ambulances, airplanes, and other generators of sound and vibrations typically found in an suburban area. In addition to sound and vibration, there may be odors and light in suburban areas.
5.14 Water Runoff. The Property may still be subject to erosion and/or flooding during unusually intense or prolonged periods of rain. In addition, water may pond on various portions of the Property having impervious surfaces, such as rooftop terraces, patios, and balconies, as applicable.
5.15 Photography of the Property. Declarant retains the right to obtain and use photography of the Property for publication and advertising purposes.
op terraces, patios, and balconies, as applicable.
5.15 Photography of the Property. Declarant retains the right to obtain and use photography of the Property for publication and advertising purposes.
5.16 Changes to Street Names and Addresses. Declarant retains the right to change, in its sole discretion, the Property name and the street names and addresses in or within the SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 37 Property including the street address of the Dwellings and/or Lots before or after conveyance to any third-party.
5.17 Plans. Any advertising materials, brochures, renderings, drawings, and the like, furnished by Declarant to Owner which purport to depict the Improvements to be constructed on any Lot are merely approximations and do not necessarily reflect the actual as-built conditions of the same.
5.18 Location of Utilities. Declarant makes no representation as to the location of mailboxes, utility boxes, street lights, fire hydrants or storm drain inlets or basins.
5.19 Wood. Natural wood has considerable variation due to its organic nature. There may be shades of white, red, black or even green in areas. In addition, mineral streaks may also be visible. Grain pattern or texture will vary from consistent to completely irregular; wood from different areas of the same tree can also have variations in pattern or texture. It is these variations in wood that add to its aesthetic appeal. These variations in grain will in turn accept stain in varying amounts, which will show throughout the wood products from one door to the next, one panel to the next or one piece of wood to the next. Also, cabinet finishes (including gloss and/or matte finishes) will not be entirely consistent and some minor irregularities will be
o the next, one panel to the next or one piece of wood to the next. Also, cabinet finishes (including gloss and/or matte finishes) will not be entirely consistent and some minor irregularities will be apparent. Additionally, wood and wood products may be subject to warping, splitting, swelling and/or delamination. Wood floors may require more maintenance than some man-made materials. Owners of Dwellings with wood floors should educate themselves about wood floor care.
Unofficial 5.20 Stone. Veins and colors of any marble, slate or other stone if any, within a Dwelling, may vary drastically from one piece of stone to another. Each piece is different.
Marble, granite, slate and other stone can also have chips and shattering veins, which look like scratches. The thickness of the joints between marble, granite, slate and other stone and/or other materials against which they have been laid will vary and there will be irregularities in surface smoothness. Marble and other stone finishes may be dangerously slippery and Declarant assumes no responsibility for injuries sustained as a result of exposure to or use of such materials. Periodic use of professionally approved and applied sealant is needed to ensure proper maintenance of the marble, granite, slate and other stone and it is the Owner's responsibility to properly maintain these materials. Marble, granite and other stone surfaces may scratch, chip or stain easily. Such substances, as part of their desirable noise attenuating properties, may flex or move slightly in order to absorb impacts. Such movement may in turn cause grout to crack or loosen or cause some cracking in the stone flooring which may need to be repaired as part of normal home maintenance.
5.21
in order to absorb impacts. Such movement may in turn cause grout to crack or loosen or cause some cracking in the stone flooring which may need to be repaired as part of normal home maintenance.
5.21 Chemicals. Each Structure and Dwelling will contain products that have water, powders, solids and industrial chemicals, which will be used in construction. The water, powders, solids and industrial chemicals will and do contain mold, mildew, fungus, spores and chemicals that may cause allergic or other bodily reactions in certain individuals. Leaks, wet SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 38 flooring and moisture will contribute to the growth of molds, mildew, fungus or spores.
Declarant is not responsible for any illness or allergic reactions that a person may experience as a result of mold, mildew, fungus or spores. It is the responsibility of the Owner to keep their Dwelling clean, dry, well ventilated and free of contamination.
5.22 Structure and/or Marketing. Declarant's use of a sales center and/or model homes or reference to other construction by Declarant is intended only to demonstrate the quality of finish detail, the basic floor plans and styles of the Dwellings available for purchase. A Structure and/or Dwelling may not conform to any model in any respect, or contain some or all of the amenities featured, such as furnishings and appliances. Likewise, any model of Dwelling is intended only to demonstrate approximate size and basic architectural features.
The Structures and/or Dwellings, as completed, may not conform to the models displayed by Declarant. Declarant may also have shown prospective purchasers model homes, floor plans, sketches, drawings, and scale models of Structures and/or Dwellings ("Promotional Aids").
models displayed by Declarant. Declarant may also have shown prospective purchasers model homes, floor plans, sketches, drawings, and scale models of Structures and/or Dwellings ("Promotional Aids").
Owner understands and agrees that the Promotional Aids are conceptual, subject to change, for display purposes only, and may not be incorporated into the Structures and/or Dwellings 5.23 High Winds; Inclement Weather wner acknowledges that the Property is subject to high winds, erosion, flooding, and inclement weather. Dwellings, Structures, Watercraft, Improvements, and personal property stored within a Dwelling or Common Area may be damaged as a result. Each Owner advised to procure separate insurance for the Owner's Dwelling, watercraft and personal property. The Association will not insure an Owner's Dwelling, watercraft, or personal property. EACH OWNER ACKNOWLEDGES AND AGREES THAT DECLARANT, THE ASSOCIATION, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, COMMITTEES, AGENTS, AND EMPLOYEES MAY NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE TO AN OWNER'S DWELLING, WATERCRAFT, OR PERSONAL PROPERTY AS A RESULT OF BY HIGH WINDS OR INCLEMENT WEATHER.
5.24 Security Injury to Person or Property. EACH OWNER AND RESIDENT OF A LOT, AND THEIR RESPECTIVE GUESTS AND INVITEES, SHALL BE RESPONSIBLE FOR THEIR OWN PERSONAL SAFETY AND THE SECURITY OF THEIR PROPERTY IN THE NEITHER THE PROPERTY, COMMON AREA, OR SPECIAL COMMON AREA.
ASSOCIATION NOR THE DECLARANT, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, SHALL IN ANY WAY BE CONSIDERED INSURERS OR GUARANTORS OF SAFETY OR SECURITY WITHIN THE PROPERTY, COMMON AREA, OR SPECIAL COMMON AREA, NOR SHALL THEY BE HELD LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO AN OWNER'S OR RESIDENT'S, OR THEIR RESPECTIVE
FETY OR SECURITY WITHIN THE PROPERTY, COMMON AREA, OR SPECIAL COMMON AREA, NOR SHALL THEY BE HELD LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO AN OWNER'S OR RESIDENT'S, OR THEIR RESPECTIVE GUESTS AND INVITEES, PRESENCE IN OR USE OF ANY IMPROVEMENTS ON THE PROPERTY, COMMON AREA, OR SPECIAL COMMON AREA. EACH OWNER, RESIDENT, AND THEIR GUESTS ACCEPT THE CURRENT AND FUTURE CONDITION OF THE PROPERTY AND ALL IMPROVEMENTS CONSTRUCTED THEREON AS IS AND WITH ALL FAULTS. NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, IS MADE THAT ANY SYSTEMS OR MEASURES, INCLUDING SECURITY MONITORING SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 39 SYSTEMS OR ANY MECHANISM OR SYSTEM FOR LIMITING ACCESS TO THE PROPERTY, COMMON AREA, OR SPECIAL COMMON AREA, CANNOT BE COMPROMISED OR CIRCUMVENTED; OR THAT ANY SUCH SYSTEM OR SECURITY MEASURES UNDERTAKEN WILL IN ALL CASES PREVENT LOSS OR PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. EACH OWNER ACKNOWLEDGES, UNDERSTANDS, AND SHALL BE RESPONSIBLE FOR INFORMING ANY RESIDENTS OF SUCH OWNER'S LOT, OR THEIR RESPECTIVE GUESTS AND INVITEES, THAT THE ASSOCIATION AND THE DECLARANT, AS WELL AS THEIR INSURERS OR AGENTS, ARE NOT OFFICERS, DIRECTORS, EMPLOYEES OR fficial GUARANTORS OF SECURITY OR SAFETY AND THAT EACH PERSON WITHIN THE PROPERTY ASSUMES ALL RISKS OF PERSONAL INJURY AND LOSS OR DAMAGE TO PROPERTY, INCLUDING ANY DWELLINGS OR IMPROVEMENTS CONSTRUCTED UPON ANY LOT AND THE CONTENTS THEREOF, RESULTING FROM OR RELATED TO THE ACTS OF GOD OR ACTS OF THIRD PARTIES OR FROM THE OWNERS OR RESIDENT'S, OR THEIR RESPECTIVE GUESTS AND INVITEES, PRESENCE IN OR USE OF ANY IMPROVEMENTS ON THE PROPERTY, COMMON AREA, OR SPECIAL COMMON AREA.
OF GOD OR ACTS OF THIRD PARTIES OR FROM THE OWNERS OR RESIDENT'S, OR THEIR RESPECTIVE GUESTS AND INVITEES, PRESENCE IN OR USE OF ANY IMPROVEMENTS ON THE PROPERTY, COMMON AREA, OR SPECIAL COMMON AREA.
EACH OWNER ACKNOWLEDGES AND ACCEPTS AS 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 HEREBY AGREES TO RELEASE AND HOLD HARMLESS THE DECLARANT THE ASSOCIATION, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, COMMITTEES, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES"), FROM ANY CLAIM OF DAMAGES, TO PERSON OR PROPERTY, ARISING OUT OF ANY ACT OF GOD OR AN ACCIDENT OR INJURY IN OR ABOUT THE PROPERTY OR FOR ANY LOSS OR DAMAGE INCURRED BY THE OWNER OR RESIDENT. EACH OWNER AND RESIDENT FURTHER ACKNOWLEGES THAT DECLARANT, THE ASSOCIATION, AND THEIR RESPECTIVE DIRECTORS, AND EMPLOYEES OFFICERS, HAVE MADE NO REPRESENTATIONS OR WARRANTIES, NOR HAS THE OWNER OR RESIDENT RELIED ON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, RELATIVE TO ANY FIRE, BURGLARY, AND/OR INSTRUSION SYSTEMS RECOMMENDED OR INSTALLED OR ANY SECURITY MEASURES UNDERTAKEN WITHIN THE PROPERTY.
6.1 COMMITTEES, AGENTS, ARTICLE 6 SORRELLWOOD TERRACE HOMEOWNERS ASSOCIATION, INC.
Organization. The Association is a nonprofit corporation created for the purposes, charged with the duties, and vested with the powers of a Texas non-profit corporation. Neither the Certificate nor the Bylaws will for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration.
6.2 Membership.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 40
reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration.
6.2 Membership.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 40 6.2.1 Mandatory Membership. Any person or entity, upon becoming an Owner, will automatically become a Member of the Association. Membership will be appurtenant to and will run with the ownership of the Lot that qualifies the Owner thereof for membership, and membership may not be severed from the ownership of the Lot, or in any way transferred, pledged, mortgaged or alienated, except together with the title to such Lot. Within thirty (30) days after acquiring legal title to a Lot, if requested by the Board, an Owner must provide the Association with: (1) a copy of the recorded deed by which the Owner has acquired title to the Lot; (2) the Owner's address, email address, phone number, and driver's license number, if any; (3) any Mortgagee's name and address; and (4) the name, phone number, and email address of any Resident other than the Owner.
6.2.2 Easement of Enjoyment - Common Area. Every Member will have a right and easement of enjoyment in and to all of the Common Area and an access easement by and through any Common Area, which easements will be appurtenant to and will pass with the title to such Member's Lot, subject to the following restrictions and reservations: (i) The right of the Declarant, or the Declarant's designee, to cause such Improvements and features to be constructed upon the Common Area, as determined from time to time in the sole and absolute discretion of the Declarant or Board, as applicable; Unofficial (v) (ii) The right of Declarant to grant additional Lots use rights in and to the Common Area in a subsequently filed Recorded instrument;
scretion of the Declarant or Board, as applicable; Unofficial (v) (ii) The right of Declarant to grant additional Lots use rights in and to the Common Area in a subsequently filed Recorded instrument; The right of the Association to suspend the Member's rights to use the Common Area for any period during which any Assessment against such Member's Lot remains past due and for any period during which such member is in violation of any provision of this Declaration; The right of the Declarant (during the Development Period) and the Board thereafter to grant easements or licenses over and across the Common Area or to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for any purpose; With the advance written approval of the Declarant during the Development Period, the right of the Association to borrow money for the purpose of improving the Common Area and, in furtherance thereof, mortgage the Common Area; SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 41 6.2.3 (vi) (vii) The right of the Declarant, during the Development Period, and the Board, with the advance written approval of the Declarant during the Development Period, to promulgate Rules and Regulations regarding the use of the Common Area and any Improvements thereon; and The right of the Association to contract for services with any third parties on such terms as the Association may determine except that during the Development Period, all such contracts must be approved in advance and in writing by the Declarant.
Easement of Enjoyment - Special Common Area. Each Owner of a Lot Recorded instrument will which has been assigned use of Special Common Area in
be approved in advance and in writing by the Declarant.
Easement of Enjoyment - Special Common Area. Each Owner of a Lot Recorded instrument will which has been assigned use of Special Common Area in have a right and easement of enjoyment in and to all of such Special Common Area for its intended purposes, and an access easement, if applicable, by and through such Special Common Area, which easement will be appurtenant to and will pass with title to such Owner's Lot, subject to Section 6.2.2 above, and subject to the following restrictions and reservations: (i) Unofficial The right of the Declarant, or the Declarant's designee, to cause such Improvements and features to be constructed upon the Special Common Area, as determined from time to time in the sole and absolute discretion of the Declarant or Board, as applicable; The right of Declarant to grant additional Lots use rights in and to the Special Common Area in a subsequently filed Recorded The right of the Association to suspend the Member's rights to use the Special Common Area for any period during which any Assessment against such Member's Lot remains past due and for any period during which such Member is in violation of any provision of this Declaration; (iv) The right of the Declarant (during the Development Period) and the Board thereafter to grant easements or licenses over and across the Special Common Area or to dedicate or transfer all or any part of the Special Common Area to any public agency, authority or utility for any purpose; (v) With the advance written approval of the Declarant during the Development Period, the right of the Association to borrow SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 42 (vi) (vii)
nce written approval of the Declarant during the Development Period, the right of the Association to borrow SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 42 (vi) (vii) money for the purpose of improving the Special Common Area and, in furtherance thereof, mortgage the Special Common Area; The right of the Declarant, during the Development Period, and the Board, with the advance written approval of the Declarant during the Development Period, to promulgate Rules and Regulations regarding the use of the Special Common Area and any Improvements thereon; and The right of the Association to contract for services with any third parties on such terms as the Board may determine, except that during the Development Period al such contracts must be approved in advance and in writing by the Declarant.
6.3 Governance. The Board will consist of at least three (3) persons elected at the annual meeting of the Association, or at a special meeting called for such purpose.
Notwithstanding the foregoing provision or any provision in this Declaration to the contrary, Declarant will have the sole right to appoint and remove all members of the Board until the tenth (10th) anniversary of the date this Declaration is Recorded. No later than the tenth (10th) anniversary of the date this Declaration is Recorded, or sooner as determined by Declarant, the Board must hold a meeting of Members of the Association for the purpose of electing one-third (3) of the Board (the "Initial Member Election Meeting"), which Board member(s) must be elected by Owners other than the Declarant. Declarant shall continue to have the sole right to appoint and remove two-thirds (½½) of the Board from and after the Initial
which Board member(s) must be elected by Owners other than the Declarant. Declarant shall continue to have the sole right to appoint and remove two-thirds (½½) of the Board from and after the Initial Member Election Meeting until expiration or termination of the Development Period.
Unofficia 6.4 Voting Rights. The right to cast votes and the number of votes which may be cast for election of members to the Board (except as provided by Section 6.3) and on all other matters to be voted on by the Members will be calculated as set forth below.
The Owner of each Lot will have one (1) vote for each Lot so owned.
In addition to the votes to which Declarant is entitled by reason of Section 6.4(a), for every one (1) vote outstanding in favor of any other person or entity, Declarant will have four (4) additional votes until the expiration or termination of the Development Period. Declarant may cast votes allocated to the Declarant pursuant to this Section and shall be considered a Member for the purpose of casting such votes, and need not own any portion of the Property as a pre-condition to exercising such vote.
(c) When more than one person or entity owns a portion of the fee simple interest in any Lot, all such persons or entities will be Members. The vote or votes (or fraction thereof) for such Lot will be exercised by the person so designated in writing to the Secretary of the Association by the Owner of such Lot, and in no event will the vote SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 43 for such Lot exceed the total votes to which such Lot is otherwise entitled under this Section 6.4.
6.5 Powers. The Association has the powers of a Texas nonprofit corporation. It
RESTRICTIONS Page 43 for such Lot exceed the total votes to which such Lot is otherwise entitled under this Section 6.4.
6.5 Powers. The Association has the powers of a Texas nonprofit corporation. It further has the power to do and perform any and all acts that may be necessary or proper, for or incidental to, the exercise of any of the express powers granted to it by Applicable Law or this Declaration. Without in any way limiting the generality of the two preceding sentences, the Board, acting on behalf of the Association, has the following powers at all times: 6.5.1 Rules, Bylaws and Community Manual. To make, establish and promulgate, and in its discretion to amend from time to time, or repeal and re-enact, such Rules, Bylaws, and the Community Manual not in conflict with this Declaration, as it deems proper, covering any and all aspects of the Property, the Common Area, or the Special Common Area (including the operation, maintenance and preservation thereof) or the Association. Any Rules, and any modifications to existing Rules, or the Bylaws proposed by the Board, must be approved in advance and in writing by the Declarant until expiration or termination of the Development Period.
6.5.2 Insurance. To obtain and maintain in effect, policies of insurance that, in the opinion of the Board, are reasonably necessary or appropriate to carry out the Association's functions.
Unofficial 6.5.3 Records. To keep books and records of the Association's affairs, and to make such books and records, together with current copies of the Restrictions available for inspection by the Owners, Mortgagees, and insurers or guarantors of any Mortgage upon request during normal business hours.
below.
Assessments. To levy and collect assessments, as provided in Article 8
nspection by the Owners, Mortgagees, and insurers or guarantors of any Mortgage upon request during normal business hours.
below.
Assessments. To levy and collect assessments, as provided in Article 8 6.5.5 Right of Entry and Enforcement. To enter at any time without notice in an emergency (or in the case of a non-emergency, after twenty-four (24) hours written notice), without being liable to any Owner or Resident, upon any Lot and into any purpose of Dwelling thereon for the purpose of enforcing the Restrictions or for the maintaining or repairing any area, Improvement or other facility to conform to the Restrictions. The expense incurred by the Association in connection with the entry upon any Lot and/or Dwelling, and the maintenance and repair work conducted thereon or therein, will be a personal obligation of the Owner of the Lot so entered, will be deemed an Individual Assessment against such Lot, will be secured by a lien upon such Lot, and will be enforced in the same manner and to the same extent as provided in Article 8 hereof for Assessments. The Association will have the power and authority from time to time, in its own name and on its own behalf, or in the name of and on behalf of any Owner who consents thereto, to commence and maintain actions and suits to enforce, by SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 44 mandatory injunction or otherwise, or to restrain and enjoin, any breach or threatened breach of the Restrictions. The Association is also authorized to settle claims, enforce liens and take all such action as it may deem necessary or expedient to enforce the Restrictions; provided, however, that the Board will never be authorized to expend any
zed to settle claims, enforce liens and take all such action as it may deem necessary or expedient to enforce the Restrictions; provided, however, that the Board will never be authorized to expend any Association funds for the purpose of bringing suit against Declarant, or its successors or assigns. The Association may not alter or demolish any Improvements on any Lot other than Common Area or Special Common Area in enforcing these Restrictions before a judicial order authorizing such action has been obtained by the Association, or before the written consent of the Owner(s) of the affected Lot(s) has been obtained. EACH SUCH OWNER AND RESIDENT WILL RELEASE AND HOLD HARMLESS THE ASSOCIATION, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION INCURRED OR THAT REASON OF THE ASSOCIATION'S ACTS OR ACTIVITIES THIS SECTION 6.5.5 MAY (INCLUDING ANY COST, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION ARISING OUT OF THE ASSOCIATION'S NEGLIGENCE IN CONNECTION THEREWITH), EXCEPT FOR SUCH COST LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION ARISING BY REASON OF THE ASSOCIATION'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT "GROSS NEGLIGENCE" DOES NOT INCLUDE SIMPLE NEGLIGENCE, CONTRIBUTORY NEGLIGENCE OR SIMILAR NEGLIGENCE SHORT ON ACTUAL GROSS NEGLIGENCE.
Unofficial 6.5.6 Legal and Accounting Services To retain and pay for legal and accounting services necessary or proper in the operation of the Association.
6.5.7 Conveyances. To grant and convey to any person or entity the real property and/or other interest, including fee title, leasehold estates, easements, rights-ofway or mortgages, out of, in, on, over, or under any Common Area or Special Common
rson or entity the real property and/or other interest, including fee title, leasehold estates, easements, rights-ofway or mortgages, out of, in, on, over, or under any Common Area or Special Common rpose of constructing, erecting, operating or maintaining the following: Parks, parkways or other recreational facilities or structures; Roads, streets, sidewalks, signs, street lights, walks, driveways, trails and paths; (iii) Lines, cables, wires, conduits, pipelines or other devices for utility purposes; (iv) Sewers, water systems, storm water drainage systems, sprinkler systems and pipelines; and/or (v) Any similar Improvements or facilities.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 45 Nothing set forth above, however, will be construed to permit use or occupancy of any Improvement or other facility in a way that would violate applicable use and occupancy restrictions imposed by the Restrictions or by Applicable Law. In addition, until expiration or termination of the Development Period, any grant or conveyance under this Section 6.5.7 must be approved in advance and in writing by the Declarant.
6.5.8 Manager. To retain and pay for the services of a person or firm (the "Manager"), which may include Declarant or any affiliate of Declarant, to manage and the operate the Association, including its property, to the extent deemed advisable Board. Personnel may be employed directly by the Association or may be furnished by the Manager. To the extent permitted by Applicable Law, the Board may delegate any other duties, powers and functions to the Manager. In addition, the Board may adopt transfer fees, resale certificate fees or any other fees associated with the provision of
the Board may delegate any other duties, powers and functions to the Manager. In addition, the Board may adopt transfer fees, resale certificate fees or any other fees associated with the provision of management services to the Association or its Members. THE MEMBERS HEREBY RELEASE THE ASSOCIATION AND THE MEMBERS OF THE BOARD AND COMMITTEE MEMBERS FROM LIABILITY FOR ANY OMISSION OR IMPROPER EXERCISE BY THE MANAGER OF ANY SUCH DUTY, POWER OR FUNCTION SO DELEGATED.
6.5.9 Property Services.
pay for water, sewer, garbage removal, street lights, landscaping, gardening and all other utilities, services, repair and maintenance for any portion of the Property, Common Area, Special Common Area, private or public recreational facilities, easements, roads, roadways, rights-of-ways, signs, parks, parkways, median strips, sidewalks, paths, trails, ponds, and lakes.
Unoffic 6.5.10 Other Services and Properties. To obtain and pay for any other property and services, and to pay any other taxes or assessments that the Association or the Board is required or permitted to secure or to pay for pursuant to Applicable Law or under the terms of the Restrictions on as determined by the Board.
6.5 11 Construction on Common Area and Special Common Area. To construct new Improvements or additions to any property owned, leased, or licensed by the Association, subject to the approval of the Board and the Declarant until expiration or termination of the Development Period.
6.5.12 Contracts. To enter into Bulk Rate Contracts or other contracts or licenses with Declarant or any third party on such terms and provisions as the Board will determine, to operate and maintain any Common Area, Special Common Area, or other property, or to provide any service, including but not limited to cable, utility, or
and provisions as the Board will determine, to operate and maintain any Common Area, Special Common Area, or other property, or to provide any service, including but not limited to cable, utility, or telecommunication services, or perform any function on behalf of Declarant, the Board, the Association, or the Members. During the Development Period, all Bulk Rate Contracts must be approved in advance and in writing by the Declarant.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 46 6.5.13 Property Ownership. To acquire, own and dispose of all manner of real and personal property, including habitat, whether by grant, lease, easement, gift or otherwise. During the Development Period, all acquisitions and dispositions of the Association hereunder must be approved in advance and in writing by the Declarant.
6.5.14 Allocation of Votes. To determine votes when permitted pursuant to Section 6.4 above.
6.5.15 Membership Privileges. To establish Rules governing and limiting the use of the Common Area, Special Common Area, and any Improvements thereon 6.6 Acceptance of Common Area and Special Common official Area. The Association may acquire, hold, and dispose of any interest in tangible and intangible personal property and real property. Declarant and its assignees may transfer or convey to the Association interests in real or personal property within or for the benefit of the Property, the general public , and/or other landowners, and the Association will accept such transfers and conveyances. Such property may be improved or unimproved and may consist of fee simple title, easements, leases, licenses, or other real or personal property interests. Such property will be accepted by the Association
property may be improved or unimproved and may consist of fee simple title, easements, leases, licenses, or other real or personal property interests. Such property will be accepted by the Association and thereafter will be maintained as Common Area or Special Common Area, as applicable, by the Association for the benefit of the Property and/or the general public subject to any restrictions set forth in the deed or other instrument transferring or assigning such property to the Association. Upon Declarant's written request, the Association will re-convey to Declarant any unimproved real property that Declarant originally conveyed to the Association , as determined in the sole and absolute discretion of the Declarant.
The 6.7 Administration of Common Area and the Special Common Area.
administration of the Common Area or the Special Common Area by the Association shall be in accordance with the provisions of Applicable Law, the Restrictions, and of any other agreements, documents, amendments or supplements to the foregoing which may be duly adopted or subsequently required by any institutional or governmental lender , purchaser, insurer or guarantor of mortgage loans (including, for example, the Federal Home Loan Mortgage Corporation) or by any governmental or quasi-governmental agency having regulatory jurisdiction over the Common Area or the Special Common Area or by any insurance company selected by Declarant to insure title to any portion of the Common Area.
Declarant and/or its assignees may construct and maintain upon portions of the Common Area or the Special Common Area such facilities and may conduct such activities which, in Declarant's sole opinion, may be required, convenient, or incidental to the construction or sale
of the Common Area or the Special Common Area such facilities and may conduct such activities which, in Declarant's sole opinion, may be required, convenient, or incidental to the construction or sale of Improvements on the Property, including, but not limited to, business offices, signs, model homes, and sales offices. Declarant and its assignees shall have an easement over and across the Common Area or the Special Common Area for access and shall have the right to use such facilities and to conduct such activities at no charge.
title SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 47 6.8 Indemnification. To the fullest extent permitted by Applicable Law but without duplication (and subject to) any rights or benefits arising under the Certificate or Bylaws of the Association, the Association will indemnify any person who was, or is, a party, or is threatened to be made a party to any threatened pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that he or she is, or was , a director, officer, committee member, employee, servant or agent of the Association against expenses, including attorneys' fees, reasonably incurred by him in connection with such action, suit or proceeding if it is found and determined by the Board or a court of competent jurisdiction that he or she: (i) acted in good faith and in a manner he or she reasonably believed to be in, or not opposed to, the best interests of the Association; or (ii) with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful. The termination of any action, suit or proceeding by settlement, of upon a plea of
ith respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful. The termination of any action, suit or proceeding by settlement, of upon a plea of nolo contendere or its equivalent, will not of itself create a presumption that the person did not act in good faith or in a manner which was reasonably believed to be in or not opposed to, the best interests of the Association or, with respect to any criminal action or proceeding, had reasonable cause to believe that his or her conduct was unlawful.
6.9 Insurance. The Board may purchase and cause to be maintained, at the expense of the Association, insurance on behalf of any person who is acting as a director, officer, committee member, employee, servant or agent of the Association against any liability asserted against or incurred by such person in any such capacity, or arising out of such person's status as such, whether or not the Association would have the power to indemnify such person against such liability or otherwise.
Unofficial 6.10 Bulk Rate Contracts. Without limitation on the generality of the Association powers set out in Section 6.5 hereinabove (except that during the Development Period, all Bulk Rate Contracts must be approved in advance and in writing by the Declarant), the Association will have the power to enter into Bulk Rate Contracts at any time and from time to time. The Association may enter into Bulk Rate Contracts with any service providers chosen by the Board (including Declarant and/or any entities in which Declarant, or the owners or partners of Declarant are the owners of participants, directly or indirectly). The Bulk Rate Contracts may be entered into on such terms and provisions as the Board may determine in its sole and
rs or partners of Declarant are the owners of participants, directly or indirectly). The Bulk Rate Contracts may be entered into on such terms and provisions as the Board may determine in its sole and absolute discretion. The Association may, at its option and election, add the charges payable by such Owner under such Bulk Rate Contract to the Assessments against such Owner's Lot. In this regard, it is agreed and understood that, if any Owner fails to pay any charges due by such Owner under the terms of any Bulk Rate Contract, then the Association will be entitled to collect such charges by exercising the same rights and remedies it would be entitled to exercise under this Declaration with respect to the failure by such Owner to pay Assessments, including without limitation the right to foreclose the lien against such Owner's Lot which is reserved under the terms and provisions of this Declaration. In addition, in the event of nonpayment by any Owner of any charges due under any Bulk Rate Contract and after the lapse of at least twelve (12) days since such charges were due, the Association may, upon five (5) days' prior SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 48 written notice to such Owner (which may run concurrently with such 12 day period), in addition to all other rights and remedies available pursuant to Applicable Law, terminate, in such manner as the Board deems appropriate, any utility service or other service provided at the cost of the Association and not paid for by such Owner (or the Resident of such Owner's Lot) directly to the applicable service or utility provider. Such notice will consist of a separate mailing or hand delivery at least five (5) days prior to a stated date of termination, with the title
ot) directly to the applicable service or utility provider. Such notice will consist of a separate mailing or hand delivery at least five (5) days prior to a stated date of termination, with the title "termination notice" or similar language prominently displayed on the notice. The notice will include the office or street address where the Owner (or the Resident of such Owner's Lot) can make arrangements for payment of the bill and for re-connection or re-institution of service, No utility or cable television service will be disconnected on a day, or immediately preceding a day, when personnel are not available for the purpose of collection and reconnecting such services, 6.11 Declarant's Right to Contribute to Revenues of the Association. Declarant shall have the right, but not the obligation, in its sole discretion and from time to time, to contribute to the revenues of the Association. At the option of Declarant, such contribution may be reflected on the books and records of the Association as a loan, in which event it shall be repaid by the Association to Declarant, at the discretion of Declarant treated as a loan, the contribution shall accrue interest, compounded monthly, from the date if is made until the date of its repayment, at the short term Applicable Federal Rate ("AER"), as published by the Internal Revenue Service, and adjusted each month to reflect the AFR for such month.
Unofficial 6.12 Protection of Declarant's Interests. Despite any assumption of control of the Board by Owners other than Declarant, until the expiration or termination of the Development Period, the Board is prohibited from taking any action which would discriminate against Declarant, or which would be detrimental to the sale of Lots owned by Declarant. Declarant
on of the Development Period, the Board is prohibited from taking any action which would discriminate against Declarant, or which would be detrimental to the sale of Lots owned by Declarant. Declarant shall be entitled to determine in its sole and absolute discretion, whether any such action discriminates or is detrimental to Declarant. The Board will be required to continue the same level and quality of maintenance, operations and services as that provided immediately prior to assumption of control of the Board by Owners other than Declarant until the expiration or termination of the Development Period.
6.13 Notices and Disclaimers as to Security Systems. NEITHER THE DECLARANT, A HOMEBUILDER, NOR THE ASSOCIATION, OR THEIR SUCCESSORS OR ASSIGNS GUARANTEE OR WARRANT, EXPRESSLY OR IMPLIEDLY, THE MERCHANTABILITY OR FITNESS FOR USE OF ANY SUCH SECURITY SYSTEM OR SERVICES, OR THAT ANY SYSTEM OR SERVICES WILL PREVENT INTRUSIONS OR NOTIFY AUTHORITIES OF FIRES OR OTHER OCCURRENCES, OR THE CONSEQUENCES OF SUCH OCCURRENCES, REGARDLESS OF WHETHER OR NOT THE SYSTEM OR SERVICES ARE DESIGNED TO MONITOR SAME; AND EVERY OWNER OR RESIDENT OF PROPERTY RECEIVING SECURITY SERVICES THROUGH THE COMMUNITY SYSTEMS ACKNOWLEDGES THAT NEITHER THE DECLARANT, A HOMEBUILDER, NOR THE ASSOCIATION, OR ANY OR THEIR SUCCESSORS OR ASSIGNS ARE INSURERS OF THE OWNER OR RESIDENT'S PROPERTY OR OF THE PROPERTY OF OTHERS LOCATED ON THE LOT AND WILL NOT Page 49 SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BE RESPONSIBLE OR LIABLE FOR LOSSES, INJURIES OR DEATHS RESULTING FROM SUCH OCCURRENCES. It is extremely difficult and impractical to determine the actual damages, if any, which may proximately result from a failure on the party of a security service
EATHS RESULTING FROM SUCH OCCURRENCES. It is extremely difficult and impractical to determine the actual damages, if any, which may proximately result from a failure on the party of a security service provider to perform any of its obligations with respect to security services and, therefore, every Owner or occupant of property receiving security services through the Community Systems agrees that neither the Declarant, a Homebuilder, nor the Association, or their successors or assigns assumes liability for loss or damage to property or for personal injury or death to persons due to any reason, including, without limitation, failure in transmission of an alarm, interruption of security service or failure to respond to an alarm because of: (a) any failure of the Owner's security system; (b) any defective or damaged equipment, device, line or circuit (c) negligence, active or otherwise, of the security service provider or its officers, agents or employees; or (d) fire, flood, riot, war, act of God or other similar causes which are beyond the control of the security service provider. Every Owner and Resident obtaining security services through the Community Systems further agrees for himself, his grantees, tenants, guests, invitees, licensees and family members that if any loss or damage should result from a failure of performance or operation, or from defective performance or operation, or from improper installation, monitoring or servicing of the system or from negligence, active or otherwise, of the security service provider or its officers, agents, or employees, the liability, if any, of the Declarant, a Homebuilder, the Association, or their successors or assigns for loss, damage, injury or death shall be limited to a sum not exceeding Two Hundred Fifty U.S. Dollars
ility, if any, of the Declarant, a Homebuilder, the Association, or their successors or assigns for loss, damage, injury or death shall be limited to a sum not exceeding Two Hundred Fifty U.S. Dollars ($250.00), which limitation apply irrespective of the cause of origin of the loss or damage and notwithstanding that the loss or damage results directly or indirectly from negligent performance, active or otherwise, or non-performance by an officer, agent or employee of Declarant, a Homebuilder, or the Association, or their successors or assigns. Further, in no event will Declarant, a Homebuilder, the Association, or their successors or assigns be liable for consequential damages, wrongful death, personal injury or commercial loss.
Unofficial ARTICLE 7 ENFORCING THE RESTRICTIONS Fines and Damages Assessment.
Board Assessment. The Board may assess fines against an Owner for violations of the Restrictions which have been committed by an Owner, a Resident, or an Owner's or Resident's guests, agents or invitees pursuant to the Fine and Enforcement Policy contained in the Community Manual. Any fine and/or charge levied in accordance with this Section 7.1 will be considered an Individual Assessment pursuant to this Declaration. Each day of violation may be considered a separate violation if the violation continues after written notice to the Owner. The Board may assess damage charges against an Owner for pecuniary loss to the Association from property damage or destruction of Common Area, Special Common Area, or any facilities caused by the Owner, Resident, or their guests, agents, or invitees. The Manager will have authority to send notices to alleged violators, informing them of their violations and asking them to SORRELLWOOD TERRACE
e Owner, Resident, or their guests, agents, or invitees. The Manager will have authority to send notices to alleged violators, informing them of their violations and asking them to SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 50 comply with the Rules and Regulations and/or informing them of potential or probable fines or damage assessments. The Board may from time to time adopt a schedule of fines.
7.1.2 Lien Created. The payment of each fine and/or damage charge levied by the Board against the Owner of a Lot is, together with interest as provided in Section 8.10 and all costs of collection, including attorney's fees as herein provided secured by the lien granted to the Association pursuant to Section 8.1.2 of this Declaration. Unless otherwise provided in this Section 7.1, the fine and/or damage charge will be considered an Assessment for the purpose of Article 8 and will be enforced in accordance with the terms and provisions governing the enforcement of assessments pursuant to this Article 8.
Unofficial 7.2 Enforcement. Any Owner of Lot, at such Owner's own expense, Declarant and the Association will have the right to enforce, by a proceeding at aw or in equity, all of the provisions of the Restrictions. The Association and/or the Declarant may initiate, defend or intervene in any action brought to enforce any provision of this Declaration. Such right of enforcement will include both damages for and injunctive relief against the breach of any provision hereof. Every act or omission whereby any provision of the Restrictions is violated, in whole or in part, is hereby declared to be a nuisance and may be enjoined or abated by any Owner of a Lot (at such Owner's own expense), Declarant or the Association. Any violation of
is violated, in whole or in part, is hereby declared to be a nuisance and may be enjoined or abated by any Owner of a Lot (at such Owner's own expense), Declarant or the Association. Any violation of any Applicable Law pertaining to the ownership, occupancy, or use of any portion of the Property or Common Area or Special Common Area is hereby declared to be a violation of this Declaration and subject to all of the enforcement procedures set forth herein. Failure of the Declarant or the Association to enforce the terms and provisions of the Restrictions shall in no event give rise to any claim or liability against the Declarant, the Association, or any of their partners, directors, officers, or agents. EACH OWNER, BY ACCEPTING TITLE TO ALL OR ANY PORTION OF THE PROPERTY, HEREBY RELEASES AND SHALL HOLD HARMLESS EACH OF THE DECLARANT, THE ASSOCIATION, AND THEIR PARTNERS, DIRECTORS, OFFICERS OR AGENTS FROM AND AGAINST ANY DAMAGES, CLAIMS, OR LIABILITY ASSOCIATED WITH THE FAILURE OF THE DECLARANT OR THE ASSOCIATION TO ENFORCE THE TERMS AND PROVISIONS OF THE RESTRICTIONS.
Remedies. The remedies provided in this Article for breach of the Restrictions are cumulative and not exclusive. In addition to other rights and remedies provided by the Restrictions and by Applicable Law, the Association has the following rights to enforce the Restrictions: 7.3.1 Nuisance. The result of every act or omission that violates any provision of the Restrictions is a nuisance, and any remedy allowed by law against a nuisance, either public or private, is applicable against the violation.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 51 7.3.2 Fine. The Association may levy reasonable charges, as an Individual
rivate, is applicable against the violation.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 51 7.3.2 Fine. The Association may levy reasonable charges, as an Individual Assessment, against an Owner and the Owner's Lot if the Owner or Resident, or the Owner or Resident's family, guests, employees, agents, or contractors violate a provision of the Restrictions. 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 Restrictions.
7.3.3 Suspension. The Association may suspend the right of Owners and Residents to use Common Area or Special Common Area (except rights of ingress and egress) for any period during which the Owner or Resident, or the Owner of Resident's family, guests, employees, agents, or contractors violate the Restrictions. A suspension does not constitute a waiver or discharge of the Owner's obligations under the Restrictions.
7.3.4 Self-Help. The Association has the right to enter a Lot, Structure, and/or Dwelling to abate or remove, using force as may reasonably be necessary, any erection, thing, animal, person, vehicle, or condition that violates the Restrictions. 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 fifteen (15) days' notice of its intent to exercise self-help.
Inofficial 7.3.5 Suit. Failure to comply with the Restrictions will be grounds for an action
ard, the Board will give the violating Owner fifteen (15) days' notice of its intent to exercise self-help.
Inofficial 7.3.5 Suit. Failure to comply with the Restrictions will be grounds for an action to recover damages or for injunctive relief to cause any such violation to be remedied, or both.
Prior to commencing any legal proceeding, the Association will give the defaulting party reasonable notice and an opportunity to cure the violation.
7.4 Board Discretion. The Board may use its sole discretion in determining whether to pursue a violation of the Restrictions, provided the Board does not act in an arbitrary or capricious manner. In evaluating a particular violation, the Board may determine that under the particular circumstances. (i) the Association's position is not sufficiently strong to justify taking any or further action; (ii) the provision being enforced is or may be construed as inconsistent with Applicable Law; (iii) although a technical violation may exist, it is not of such a material nature as to be objectionable to a reasonable person or to justify expending the Association's resources; or (iv) that enforcement is not in the Association's best interests, based on hardship, expense, or other reasonable criteria.
7.5 No Waiver. The Association and every Owner has the right to enforce all restrictions, conditions, covenants, liens, and charges now or hereafter imposed by the Restrictions. Failure by the Association or by any Owner to enforce a provision of the Restrictions is not a waiver of the right to do so thereafter.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 52 7.6 Recovery of Costs. The costs of curing or abating a violation are the expense of
of the right to do so thereafter.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 52 7.6 Recovery of Costs. The costs of curing or abating a violation are the expense of the Owner or other person responsible for the violation. If legal assistance is obtained to enforce any provision of the Restrictions, or in any legal proceeding (whether or not suit is brought) for damages or for the enforcement of the Restrictions or the restraint of violations of the Restrictions, the prevailing party is entitled to recover from the non-prevailing party all reasonable and necessary costs incurred by it in such action, including reasonable attorneys' fees.
7.7 Right of Action by Owners; Release. Each Owner hereby releases, acquits and forever discharges the Association, and its affiliates, parents, members, subsidiaries, officers, directors, agents, employees, predecessors, successors, contractors, consultants, insurers, sureties and assigns and agrees to hold such Persons harmless of and from any and all claims, damages, liabilities, costs and/or expenses (including reasonable attorneys fees) relating to the construction of, repair or restoration of, or the sale to the Owners of the Dwellings, or the Common Areas. This release shall release and forever discharge the Association and its affiliates, parents, members, subsidiaries, officers directors, agents, employees, predecessors, successors, contractors, consultants, insurers, sureties and assigns, from all claims and causes of action, whether statutory or under the common law known or unknown, now accrued, or that arise in the future.
Unofficial 7.8 Right of Action by Association. The Association shall not have the power to
action, whether statutory or under the common law known or unknown, now accrued, or that arise in the future.
Unofficial 7.8 Right of Action by Association. The Association shall not have the power to institute, defend, intervene in, settle or compromise litigation or administrative proceedings: (i) in the name of or on behalf of any Lot Owner (whether one or more); or (ii) pertaining to a Claim, as defined in Section 16.1 below, relating to the design or construction of a Dwelling (whether one or more). This Section 7.8 may not be amended or modified without Declarant's written and acknowledged consent and Members entitled to cast at least one hundred percent (100%) of the total number of votes of the Association, which must be part of the Recorded amendment instrument.
ARTICLE 8 ASSESSMENTS Established by Board. Assessments established by the Board pursuant to the provisions of this Article 8 will be levied against each Lot in amounts determined pursuant to Section 8.9 below. The total amount of Assessments will be determined by the Board pursuant to Section 8.3, 8.4, 8.5, 8.6, 8.7, and 8.8.
8.1.2 Personal Obligation; Lien. Each Assessment, together with such interest thereon and costs of collection as hereinafter provided, will be the personal obligation of the Owner of the Lot against which the Assessment is levied and will be secured by a lien hereby granted and conveyed by Declarant to the Association against each such Lot SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 53 and all Improvements thereon.
The Association may enforce payment of such Assessments in accordance with the provisions of this Article.
8.1.3 Declarant Subsidy. Declarant may, but is not obligated to, reduce
Improvements thereon.
The Association may enforce payment of such Assessments in accordance with the provisions of this Article.
8.1.3 Declarant Subsidy. Declarant may, but is not obligated to, reduce Assessments which would otherwise be levied against Lots for any fiscal year by the payment of a subsidy to the Association. Any subsidy paid to the Association by Declarant may be treated as a contribution or a loan, in Declarant's sole and absolute discretion. The payment of a subsidy in any given year will not obligate Declarant to continue payment of a subsidy to the Association in future years.
8.2 Maintenance Fund. The Board will establish a maintenance fund into which will be deposited all monies paid to the Association and from which disbursements will be made in performing the functions of the Association under this Declaration.
The funds of the Association may be used for any purpose authorized by the Restrictions and the Applicable Law.
Unofficia 8.3 Regular Annual Assessments. Prior to the beginning of each fiscal year, the Board will prepare a budget for the purpose determining amounts sufficient to pay the estimated net expenses of the Association (the "Regular Assessments) which sets forth: (i) an estimate of the expenses to be incurred by the Association during such year in performing its functions and exercising its powers under the Restrictions, including, but not limited to, the cost of all management, repair and maintenance, the cost of providing street and other lighting, the cost of administering and enforcing the Restrictions; and (ii) an estimate of the amount needed to maintain a reasonable provision for contingencies and an appropriate replacement reserve, and giving due consideration to any expected mcome and any surplus from the prior year's
the amount needed to maintain a reasonable provision for contingencies and an appropriate replacement reserve, and giving due consideration to any expected mcome and any surplus from the prior year's fund; and which (iii) excludes the operation, maintenance, repair and management costs and expenses associated with any Service Area and Special Common Area. Regular Assessments sufficient to pay such estimated not expenses will then be levied at the level of Assessments set by the Board in its sole and absolute discretion, and the Board's determination will be final and binding so long as it is made in good faith. If the sums collected prove inadequate for any reason, including nonpayment of any Assessment by any Owner, the Association may at any time, and from time to time levy further Assessments in the same manner. All such Regular Assessments will be due and payable to the Association annually on or before the first day of the month at the beginning of the fiscal year, or in such other manner as the Board may designate in its sole and absolute discretion.
8.4 Special Assessments. In addition to the Regular Assessments provided for above, the Board may levy special assessments (the "Special Assessments") whenever in the Board's opinion such Special Assessments are necessary to enable the Board to carry out the functions of the Association under the Restrictions. The amount of any Special Assessments will be at the reasonable discretion of the Board. In addition to the Special Assessments authorized above, the Association may, in any fiscal year, levy a Special Assessment applicable to that fiscal year only for the purpose of defraying, in whole or in part, the cost of any SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 54
cial Assessment applicable to that fiscal year only for the purpose of defraying, in whole or in part, the cost of any SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 54 construction, reconstruction, repair or replacement of a capital improvement upon the Common Area or Special Common Area. Any Special Assessment levied by the Association for the purpose of defraying, in whole or in part, costs of any construction, reconstruction, repair or replacement of capital improvement upon the Common Area will be levied against all Owners based on Assessment Units. Any Special Assessments levied by the Association for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon any Special Common Area will be levied against all Owners who have been assigned the obligation to pay Special Common Area Assessments and based on Assessment Units.
8.5 Special Common Area Assessments. Prior to the beginning of each fiscal year, the Board will prepare a separate budget covering the estimated expenses to be incurred by the Association to operate, maintain, repair, or manage any Special Common Area. The budget will be an estimate of the amount needed to operate, maintain, repair and manage such Special Common Area including a reasonable provision for contingencies and an appropriate replacement reserve, and will give due consideration to any expected income and surplus from the prior year's fund. The level of assessments levied to pay for expenses associated with a Special Common Area (the "Special Common Area Assessments") will be set by the Board in its sole and absolute discretion, and the Board's determination will be final and binding so long
ociated with a Special Common Area (the "Special Common Area Assessments") will be set by the Board in its sole and absolute discretion, and the Board's determination will be final and binding so long as it is made in good faith. If the sums collected prove inadequate for any reason, including non-payment of any individual Special Common Area Assessment, the Association may at any time, and from time to time, levy further Special Common Area Assessments in the same manner as aforesaid. All such Special Common Area Assessments will be due and payable to the Association at the beginning of the fiscal year or during the fiscal year in equal monthly installments on or before the first day of each month, or in such other manner as the Board may designate in its sole and absolute discretion.
8.6 Service Area Assessments. Prior to the beginning of each fiscal year, the Board will prepare a separate budget for each Service Area reflecting the estimated Service Area Expenses to be incurred by the Association in the coming year which may include a reasonable provision for contingencies and an appropriate replacement reserve. The total amount of assessments levied to pay for Service Area Expenses for each Service Area (the "Service Area Assessments") will be allocated either: (i) equally; (ii) based on Assessment Units; or (iii) based on the benefit received among all Lots within the benefited Service Area. All amounts that the Association collects as Service Area Assessments will be expended solely for the benefit of the Service Area for which they were collected and will be accounted for separately from the Association's general funds.
8.7 Individual Assessments. In addition to any other Assessments, the Board may
he Service Area for which they were collected and will be accounted for separately from the Association's general funds.
8.7 Individual Assessments. In addition to any other Assessments, the Board may levy an individual assessment (the "Individual Assessment") against an Owner and the Owner's Lot. Individual Assessments may include, but are not limited to: interest, late charges, and collection costs on delinquent Assessments; reimbursement for costs incurred in bringing an Owner or the Owner's Lot into compliance with the Declaration; fines for violations of the SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 55 Restrictions; transfer-related fees and resale certificate fees; fees for estoppel letters and project documents; insurance deductibles; reimbursement for damage or waste caused by willful or negligent acts of the Owner, the Owner's guests, invitees or Residents of the Owner's Lot; 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 the benefit received.
8.8 Working Capital Assessment. Each Owner (other than Declarant) of a Lot will pay a one-time working capital assessment (the "Working Capital Assessment") to the Association in such amount as may be determined by the Board from time to time in its sole and absolute discretion. Such Working Capital Assessment need not be uniform among all Lots, and the Board is expressly authorized to levy Working Capital Assessments of varying amounts
me in its sole and absolute discretion. Such Working Capital Assessment need not be uniform among all Lots, and the Board is expressly authorized to levy Working Capital Assessments of varying amounts depending on the size, use and general character of the Lots then being made subject to such levy. The Association may use the working capital to discharge operating expenses. The levy of any Working Capital Assessment will be effective only upon the Recordation of a written notice, signed by a duly authorized officer of the Association setting forth the amount of the Working Capital Assessment and the Lots to which it applies fficial Notwithstanding the foregoing provision, the following transfers will not be subject to the Working Capital Assessment: (i) foreclosure of a deed of trust lien, tax lien, or the Association's assessment lien; (ii) transfer to, from, or by the Association; (iii) voluntary transfer by an Owner to one or more co-owners, or to the Owner's spouse, child, or parent.
Additionally, an Owner who (i) is a Homebuilder; or (ii) acquires a Lot for the purpose of resale to a Homebuilder (a "Development Owner") will not be subject to the working capital assessment; however, the working capital assessment will be payable by any Owner who acquires a Lot from a Homebuilder or Development Owner for residential living purposes or by any Owner who: (i) acquires Lot and is not in the business of constructing single-family residences for resale to a third party; or (ii) who acquires the Lot for any purpose other than constructing a single-family residence thereon for resale to a third party. In the event of any dispute regarding the application of the Working Capital Assessment to a particular Owner, the
ther than constructing a single-family residence thereon for resale to a third party. In the event of any dispute regarding the application of the Working Capital Assessment to a particular Owner, the Declarant during the Development Period, and thereafter the Board's, determination regarding the application of the exception will be binding and conclusive without regard to any contrary interpretation of this Section 8.8. The Working Capital Assessment will be in addition to, not in lieu of any other Assessments levied in accordance with this Article 8 and will not be considered an advance payment of such Assessments. The Working Capital Assessment hereunder will be due and payable by the transferee to the Association immediately upon transfer of title to the Lot, including upon transfer of title from one Owner of such Lot to any subsequent purchaser or transferee thereof. The Declarant during the Development Period, and thereafter the Board, will have the power to waive the payment of any Working Capital Assessment attributable to a Lot (or all Lots) by the Recordation of a waiver notice, which waiver may be temporary or permanent.
each SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 56 8.9 Amount of Assessment.
8.9.1 Assessments to be Levied. The Board shall levy Assessments against each "Assessment Unit" (as defined in Section 8.9.2 below). Unless otherwise provided in this Declaration, Assessments levied pursuant to Section 8.3 and Section 8.4 shall be levied uniformly against each Assessment Unit allocated to a Lot. Special Common Area Assessments levied pursuant to Section 8.5 will be levied uniformly against each Assessment Unit allocated to a Lot that has been assigned the obligation to pay Special Service Area
pecial Common Area Assessments levied pursuant to Section 8.5 will be levied uniformly against each Assessment Unit allocated to a Lot that has been assigned the obligation to pay Special Service Area Common Area Assessments for specified Special Common Area.
Assessments levied pursuant to Section 8.6 will be levied either: (i) equally; (*) based on Assessment Units allocated to the Lots within the Service Area; for (iii) based on the benefit received among all Lots within the Service Area to which such Service Area Assessment relates.
8.9.2 Assessment Unit. Each Lot shall constitute one "Assessment Unit" unless otherwise provided in Section 8.9.3 and 8.9.4 8.9.3 Assessment Exemption Notwithstanding anything in this Declaration to the contrary, no Assessments shall be levied upon. Lots owned by Declarant or Homebuilder.
Unofficial 8.9.4 Other Exemptions. Declarant may, in its sole discretion, elect to: (i) exempt any un-platted or unimproved portion of the Property or any Lot from any Assessments levied or charged pursuant to this Article 8; or (ii) delay the levy of Assessments against any un platted, unimproved or improved portion of the Property; or (iii) reduce the levy of Assessments against any un-platted, unimproved or improved portion of the Property of Lot In the event Declarant elects to delay or reduce Assessments pursuant to this Section, the duration of the delay or the amount of the reduction wil be set forth in a Recorded written instrument. Declarant may terminate, extend, or modify any delay or reduction set forth in a previously Recorded instrument by the Recordation of a replacement instrument. Declarant or the Board may also exempt any portion of the Property which is dedicated and accepted by public authority from Assessments.
rded instrument by the Recordation of a replacement instrument. Declarant or the Board may also exempt any portion of the Property which is dedicated and accepted by public authority from Assessments.
Late Charges. If any Assessment is not paid by the due date applicable thereto, the Owner responsible for the payment may be required by the Board, at the Board's election at any time and from time to time, to pay a late charge in such amount as the Board may designate, and the late charge (and any reasonable handling costs) will be levied as an Individual Assessment against the Lot owned by such Owner, collectible in the manner as provided for collection of Assessments, including foreclosure of the lien against such Lot; provided, however, such charge will never exceed the maximum charge permitted under Applicable Law.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 57 8.11 Owner's Personal Obligation; Interest. Assessments levied as provided for herein will be the personal and individual debt of the Owner of the Lot against which are levied such Assessments. No Owner may exempt himself from liability for such Assessments. In the event of default in the payment of any such Assessment, in addition to the late charge referred to in the preceding paragraph, the Owner of the Lot will be obligated to pay interest on the amount of the Assessment at the highest rate allowed by applicable usury laws then in effect on the amount of the Assessment from the due date therefor (or if there is no such highest rate, then at the rate of one and one half percent (1 1/2%)per month), together with all late charges, costs and expenses of collection, including reasonable attorney's fees. Such amounts will be
hest rate, then at the rate of one and one half percent (1 1/2%)per month), together with all late charges, costs and expenses of collection, including reasonable attorney's fees. Such amounts will be levied as an Individual Assessment against the Lot owned by such Owner.
@ 8.12 Assessment Lien and Foreclosure. The payment of all sums assessed in the manner provided in this Article is, together with late charges as provided in Section 8.10 and interest as provided in Section 8.11 hereof and all costs of collection, including attorney's fees as herein provided, secured by the continuing Assessment lien granted to the Association pursuant to Section 8.1.2 above, and will bind each Lot in the hands of the Owner thereof, and such Owner's heirs, personal representatives, successors or assigns. The aforesaid lien will be superior to all other liens and charges against such Lot, except only for: (i) tax liens and governmental assessment liens; (ii) all sums secured by a Recorded first mortgage lien or Recorded first deed of trust lien of record, to the extent such lien secures sums borrowed for the acquisition or improvement of the Lot in question (iii) home equity loans or home equity lines of credit which are secured by a Recorded second mortgage lien or Recorded second deed of trust lien of record, or (iv) as otherwise required by Applicable Law; provided that, in the case of subparagraphs (ii), (iii), and (iv) above, such Mortgage was Recorded before the delinquent Assessment was due. The Association will have the power to subordinate the aforesaid Assessment lien to any other lien. Such power will be entirely discretionary with the Board, and such subordination may be signed by an authorized officer, agent, or attorney of the
nate the aforesaid Assessment lien to any other lien. Such power will be entirely discretionary with the Board, and such subordination may be signed by an authorized officer, agent, or attorney of the Association. The Association may, at its option and without prejudice to the priority or enforceability of the Assessment lien granted hereunder, prepare a written notice of Assessment lien setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot covered by such lien and a description of the Lot. Such notice may be signed by one of the authorized officers, agents, or attorneys of the Association and will be Recorded. Each Owner, by accepting a deed or ownership interest to a Lot subject to this Declaration, will be deemed conclusively to have granted a power of sale to the Association to secure and enforce the Assessment lien granted hereunder. The Assessment liens and rights to foreclosure thereof will be in addition to and not in substitution of any other rights and remedies the Association may have pursuant to Applicable Law and under this Declaration, including the rights of the Association to institute suit against such Owner personally obligated to pay the Assessment and/or for foreclosure of the aforesaid lien. In any foreclosure proceeding, such Owner will be required to pay the costs, expenses and reasonable attorney's fees incurred. The Association will have the power to bid (in cash or by credit against the amount secured by the lien) on the property at foreclosure or other legal sale and to acquire, hold, lease, mortgage, convey or SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 58 otherwise deal with the same. Upon the written request of any Mortgagee, the Association will
ase, mortgage, convey or SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 58 otherwise deal with the same. Upon the written request of any Mortgagee, the Association will report to said Mortgagee any unpaid Assessments remaining unpaid for longer than sixty (60) days after the same are due. The lien hereunder will not be affected by the sale or transfer of any Lot; except, however, that in the event of foreclosure of any lien superior to the Assessment lien, the lien for any Assessments that were due and payable before the foreclosure sale will be extinguished, provided that past-due Assessments will be paid out of the proceeds of such foreclosure sale only to the extent that funds are available after the satisfaction of the indebtedness secured by the Mortgage. The provisions of the preceding sentence will not, however, relieve any subsequent Owner (including any Mortgagee or other purchaser at a foreclosure sale) from paying Assessments becoming due and payable after the foreclosure sale Upon payment of all sums secured by a lien of the type described in this Section 12, the release of Association will upon the request of the Owner, and at such Owner's cost, execute lien relating to any lien for which written notice has been Recorded as provided above, except in circumstances in which the Association has already foreclosed such lien. Such release will be signed by an authorized officer, agent, or attorney of the Association. In addition to the lien hereby retained, in the event of nonpayment by any Owner of any Assessment and after the lapse of at least twelve (12) days since such payment was due, the Association may, upon five (5) days' prior written notice (which may run concurrently with such twelve (12) day period) to
after the lapse of at least twelve (12) days since such payment was due, the Association may, upon five (5) days' prior written notice (which may run concurrently with such twelve (12) day period) to such Owner, in addition to all other rights and remedies available pursuant to Applicable Law, terminate, in such manner as the Board deems appropriate any utility or cable service provided through the Association and not paid for directly by an Owner or Resident to the utility or service provider. Such notice will consist of a separate mailing or hand delivery at least five (5) days prior to a stated date of disconnection, with the title "termination notice" or similar The notice will include the office or street language prominently displayed on the notice address where the Owner or the Resident of the Owner's Lot can make arrangements for payment of the bill and for reconnection of service. Utility or cable service will not be disconnected on a day, or immediately preceding a day, when personnel are not available for the purpose of collection and reconnecting such services. Except as otherwise provided by Applicable Law, the sale or transfer of a Lot will not relieve the Owner of such Lot or such Owner's transferee from ability for any Assessments thereafter becoming due or from the lien associated therewith. If an Owner conveys its Lot and on the date of such conveyance ssessments against the Lot remain unpaid, or said Owner owes other sums or fees under this Declaration to the Association, the Owner will pay such amounts to the Association out of the sales price of the Lot and such sums will be paid in preference to any other charges against the Lot other than liens superior to the Assessment lien and charges in favor of the State of Texas or
the sales price of the Lot and such sums will be paid in preference to any other charges against the Lot other than liens superior to the Assessment lien and charges in favor of the State of Texas or a political subdivision thereof for taxes on the Lot which are due and unpaid. The Owner conveying such Lot will remain personally liable for all such sums until the same are fully paid, regardless of whether the transferee of the Lot also assumes the obligation to pay such amounts.
The Board may adopt an administrative transfer fee to cover the expenses associated with updating the Association's records upon the transfer of a Lot to a third party; provided, however, that no transfer fee will be due upon the transfer of a Lot from Declarant to a third party.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 59 8.13 Yes, the Association can foreclose on your Lot!
If you fail to pay assessments to the Association, you may lose title to your Lot if the Association forecloses its assessment lien.
Exempt Property. The following area within the Property will be exempt from the Assessments provided for in this Article: 9.1 (i) All area dedicated and accepted by a public authority (ii) (iii) The Common Area and the Special Common Area; and Any portion of the Property owned by Declarant of Homebuilder.
ARTICLE 9 MAINTENANCE AND REPAIR OBLIGATIONS Overview. Generally, the Association maintains the Common Area and the Special Common Area and the Owner maintains his Lot and the Structure and Dwelling located thereon. If any Owner fails to maintain his Lot and the Structure and Dwelling located thereon, This Declaration assigns the Association may perform the work at the Owner's expense.
d Dwelling located thereon. If any Owner fails to maintain his Lot and the Structure and Dwelling located thereon, This Declaration assigns the Association may perform the work at the Owner's expense.
portions of the Structures, Dwellings and Lots to the "Area of Common Responsibility", as defined and described below. The Area of Common Responsibility is maintained by the Association and not the Owner. On the date of this Declaration, the initial designation of components of Structures, Dwellings, and Lots included within the Area of Common Responsibility is attached hereto as Exhibit A Unofficial 9.2 Association Maintains. The Association's maintenance obligations will be discharged when and now the Board deems appropriate. Unless otherwise provided in this Declaration the Association maintains, repairs and replaces, as a common expense, the portions of the Property listed below, regardless of whether the portions are on an Owner's Lot: (iii) (iv) the Common Area and the Special Common Area; the Area of Common Responsibility; any real and personal property owned by the Association not otherwise designated as a Common Area or the Special Common Area; any property adjacent to the Property if maintenance of same is deemed to be in the best interests of the Association, and if not prohibited by the owner or operator of said property; and SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 60 (v) any area, item, easement or service the maintenance of which is assigned to the Association by this Declaration or in accordance with any recorded plat of the Property.
The Association may be relieved of all or any portion of its maintenance responsibilities herein to the extent that: (i) such maintenance responsibility is assigned to an Owner under this
he Property.
The Association may be relieved of all or any portion of its maintenance responsibilities herein to the extent that: (i) such maintenance responsibility is assigned to an Owner under this Declaration; (ii) such maintenance responsibility is otherwise assumed by or assigned to an Owner; or (iii) such property is dedicated to any local, state or federal government or quasigovernmental entity; provided, however, that in connection with such assumption, assignment or dedication, the Association may reserve or assume the right or obligation to continue to perform all or any portion of its maintenance responsibilities, if the Board determines that such maintenance is necessary or desirable.
Subject to the maintenance responsibilities herein provided, any maintenance or repair performed on or to the Common Area or the Special Common Area by an Owner or Resident that is the responsibility of the Association hereunder shall be performed at the sole expense of such Owner or Resident and the Owner and Resident shall not be entitled to reimbursement from the Association even if the Association accepts the maintenance or repair.
Unofficial The Association shall not be liable for injury or damage to person or property caused by the elements or by the Owner or Resident of any Lot or any other person or resulting from any utility, rain, snow or ice which may leak or flow from any portion of the Common Area or the Special Common Area, or from any pipe, dram conduit, appliance or equipment which the Association is responsible to maintain hereunder, except for injuries or damages arising after the Owner or Resident of a Lot has put the Association on written notice of a specific leak or flow from any portion of the Common Area or the Special Common Area, and the Association
es arising after the Owner or Resident of a Lot has put the Association on written notice of a specific leak or flow from any portion of the Common Area or the Special Common Area, and the Association has failed to exercise due care to correct the leak or flow within a reasonable time thereafter.
The Association shall not be liable to any Owner or Resident, for any damage or injury caused in whole or in part by the Association's failure to discharge its responsibilities under this Section where such damage or injury is not a foreseeable, natural result of the Association's failure to discharge its responsibilities. No diminution or abatement of Assessments shall be claimed or allowed by reason of any alleged failure of the Association to take some action or perform some function required to be taken or performed by the Association under this Declaration or for inconvenience or discomfort arising from the making of repairs or Improvements which are the responsibility of the Association or from any action taken by the Association to comply with any law ordinance or with any order or directive of any municipal or other governmental authority. THE DECLARANT AND THE ASSOCIATION SHALL NOT BE LIABLE TO ANY OWNER OR RESIDENT, AND EACH OWNER OR RESIDENT HEREBY RELEASES AND HOLDS HARMLESS THE DECLARANT AND THE ASSOCIATION, AS WELL AS THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, FOR LOSS OR DAMAGE, WHETHER CAUSED BY HURRICANES, FLOODING, WIND, OR ANY OTHER NATURAL ELEMENT, THEFT, OR OTHERWISE, TO THE OWNER'S OR RESIDENT'S SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 61 PROPERTY OR PERSONAL PROPERTY, WHICH MAY BE STORED IN OR UPON ANY OF THE COMMON AREA OR THE SPECIAL COMMON AREA OR ANY LOT.
9.3
OD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 61 PROPERTY OR PERSONAL PROPERTY, WHICH MAY BE STORED IN OR UPON ANY OF THE COMMON AREA OR THE SPECIAL COMMON AREA OR ANY LOT.
9.3 Area of Common Responsibility. The Association, acting through its members only, has the right but not the duty to designate, from time to time, portions of the Structure, Dwelling, and Lot as an Area of Common Responsibility to be treated, maintained, repaired, and/or replaced by the Association as a common expense. A designation applies to every Lot having the identified feature. The cost of maintaining the Area of Common Responsibility is added to the annual budget and assessed uniformly against all Lots as a Regular Assessment, unless, after expiration of the Development Period, the Owners of at least a Majority of the Lots decide to assess the costs as Individual Assessments.
9.3.1 Easement. The Association is hereby granted an easement over and across each Structure, Lot and Dwelling to the extent reasonably necessary or convenient for the Association or its designee to maintain, repair and/or replace the Area of Common Responsibility. Unless otherwise agreed to by the Owner of the Lot to be accessed, access to the Area of Common Responsibility is limited to Monday through Friday, between the hours of 7 a.m. until 6p.m., and then only in conjunction with actual maintenance activities. If the Association damages any Improvements located within a Structure, Lot or Dwelling in exercising the easement granted hereunder, the Association will be required to restore such Improvements to the condition which existed prior to any such damage, at the Association's expense, within a reasonable
the easement granted hereunder, the Association will be required to restore such Improvements to the condition which existed prior to any such damage, at the Association's expense, within a reasonable period of time not to exceed thirty (30) days after the date the Association is notified in writing of the damage by the Owner of the damaged Improvements.
nofficial 9.3.2 Change in Designation. The Association may, from time to time, include additional components of Structures, Lots and Dwellings within the Area of Common Responsibility however, unless otherwise approved by the Declarant during the Development Period, in no event may the Association at any time remove from the Area of Common Responsibility components of Structures, Lots or Dwellings previously designated as an Area of Common Responsibility under this Declaration. During the Development Period any addition to the Area of Common Responsibility must also be approved by the Declarant. After expiration or termination of the Development Period, any addition must be approved by the Owners of two-thirds of the votes in the Association During the Development Period, the Area of Common Responsibility may be modified or amended by the Declarant, acting alone. Any modification or amendment to the Area of Common Responsibility must be recorded in the Official Public Records of Collin County, Texas.
9.4 Inspection Obligations.
9.4.1 Contract for Services.
In addition to the Association's general maintenance obligations set forth in this Declaration, the Association shall, at all times, SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 62 contract with (subject to the limitations otherwise set forth in this Declaration) or
Association shall, at all times, SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 62 contract with (subject to the limitations otherwise set forth in this Declaration) or otherwise retain the services of independent, qualified, licensed individuals or entities to provide the Association with inspection services for the Area of Common Responsibility.
9.4.2 Schedule of Inspections. Such inspections shall take place at least once every three (3) years. The inspectors shall provide written reports of their inspections to The written reports shall the Association promptly following completion thereof.
identify any items of maintenance or repair that either require current action by the Association or will need further review and analysis. The Board shall report the contents of such written reports to the Members of the Association at the next meeting of the Members following receipt of such written reports or as soon thereafter as reasonably practicable and shall include such written reports in the minutes of the Association. Subject to the provisions of the Declaration below, the Board shall promptly cause all matters identified as requiring attention to be maintained, repaired, or otherwise pursued in accordance with prudent business practices and the recommendations of the inspectors.
9.4.3 Notice to Declarant. During the Development Period, the Association shall, if requested by Declarant, deliver to Declarant ten (10) days advance written notice of all such inspections (and an opportunity to be present during such inspection, personally or through an agent and shall provide Declarant (or its designee) with a copy of all written reports prepared by the inspectors.
Unofficial
opportunity to be present during such inspection, personally or through an agent and shall provide Declarant (or its designee) with a copy of all written reports prepared by the inspectors.
Unofficial 9.5 Owner Responsibility. This Declaration contemplates that the Association will maintain some significant components of the Structures, Dwellings and Lots. Every Owner is responsible for the maintenance, repair and replacement of all Improvements located on such Owner's Lot, unless such Improvements are maintained by the Association as an Area of Common Responsibility. Every Owner has the following responsibilities and obligations for the maintenance, repan and replacement of their Lot: (ii) to maintain, repair, and replace the Structure and Dwelling located on the Owner's Lot and any Improvements which exclusively serve such Owner's Lot, except for the Area of Common Responsibility; to not do any work or fail to do any work which, in the reasonable opinion of the Board, would materially jeopardize the soundness and safety of the Property, Common Area, or Special Common Area, reduce the value thereof, or impair any easement or real property right thereto; SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 63 (iii) (iv) (v) (vi) to be responsible for his own willful or negligent acts and those of his or the Resident's family, guests, agents, employees, or contractors when those acts necessitate maintenance, repair, or replacement of Common Area or the Special Common Area or the property of another Owner, or any component of the Property for which the Association has maintenance and/or insurance responsibility; to perform his or her responsibilities in such manner so as not to unreasonably disturb other Owners and Residents;
Property for which the Association has maintenance and/or insurance responsibility; to perform his or her responsibilities in such manner so as not to unreasonably disturb other Owners and Residents; to promptly report to the Association or its agent any defect or need for repairs for which the Association is responsible; pay to pay for the cost of repairing, replacing or cleaning up any item that is the responsibility of the Owner but which responsibility such Owner fails or refuses to discharge (which the Association shall have the right but not the obligation, to do), or to for the cost of repairing, replacing, or cleaning up any item which, although the responsibility of the Association, is necessitated by reason of the willful of negligent act of the Owner, his or her family, tenants or guests, with the cost thereof to be added to and to become part of the Owner's next chargeable Assessment.
Unofficial SEE EXHIBIT "A" IF IT'S NOT AN AREA OF COMMON RESPONSIBILITY, THEN IT'S THE OWNER'S INDIVIDUAL RESPONSIBILITY.
Disputes. If a dispute arises regarding the allocation of maintenance responsibilities by this Declaration, the dispute will be resolved by the Board, who shall delegate such maintenance responsibility to either the Association or the individual Owner(s) , as determined by the Board in its sole and absolute discretion.
10.1 ARTICLE 10 INSURANCE Insurance-Association. The Association will insure the Common Area, the Special Common Area, and property owned by the Association including, if any, records, furniture, fixtures, equipment, and supplies. Structures and Dwellings are not insured by the Association. The Association will maintain a commercial general liability insurance policy
f any, records, furniture, fixtures, equipment, and supplies. Structures and Dwellings are not insured by the Association. The Association will maintain a commercial general liability insurance policy covering the Common Area and the Special Common Area, for bodily injury and property damage. The Association may maintain blanket fidelity coverage for any person who handles or is responsible for funds held or administered by the Association, whether or not the person is SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 64 paid for his services. The Association may maintain directors and officer's liability insurance, errors and omissions insurance, indemnity bonds, or other insurance the Board deems advisable to insure the Association's directors, officers, committee members, and managers against liability for an act or omission in carrying out their duties in those capacities. The Association may maintain any insurance policies and bonds deemed by the Board to be necessary or desirable for the benefit of the Association.
10.2 Insurance-Owner. Each Owner will be obligated to maintain property insurance on the Structure and Dwelling located on such Owner's Lot and any Improvement which exclusively serves such Owner's Lot and/or Dwelling, in an amount sufficient to cover 100 percent of the replacement cost of any repair or reconstruction in event of damage or destruction from any insured hazard. Notwithstanding the foregoing, the Board may establish minimum insurance requirements, including types and minimum amounts of coverage, to be individually obtained and maintained by Owners if the insurance is deemed necessary or desirable by the Board to reduce potential risks to the Association or other Owners. If an
nts of coverage, to be individually obtained and maintained by Owners if the insurance is deemed necessary or desirable by the Board to reduce potential risks to the Association or other Owners. If an Owner fails to maintain required insurance, the Board may obtain it on behalf of the Owner who will be obligated for the cost as an Individual Assessment Within sixty (60) days after the date of damage, the Owner will begin repair or reconstruction of any portion of his Dwelling or Structure, subject to the right of the Association to supervise, approve, or disapprove repair or restoration during the course thereof. If an Owner fails to repair or restore damage as required by this Section, the Association may affect the necessary repairs and levy an Individual Assessment against the Owner and Lot for the cost thereof, after giving an Owner reasonable notice of the Association's intent to do so.
Unofficial 10.3 Owner's Liability For Insurance Deductible. If repair or restoration of Common Area, the Special Common Area, or any Improvement thereon is required as a result of an insured loss, the Board may levy an Individual Assessment, in the amount of the insurance deductible, against the Owner or Owners who would be responsible for the cost of the repair or reconstruction in the absence of insurance.
ARTICLE 11 ARCHITECTURAL REVIEWER Purpose. This Declaration creates rights to regulate the design, use, and appearance of all Improvements.
11.2 Architectural Control By Declarant. During the Development Period, neither the Association, the Board, nor a committee appointed by the Association or Board (no matter how the committee is named) may involve itself with the approval of any Improvements. Until
Period, neither the Association, the Board, nor a committee appointed by the Association or Board (no matter how the committee is named) may involve itself with the approval of any Improvements. Until expiration of the Development Period, the Architectural Reviewer for Improvements is Declarant or its designee.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 65 11.2.1 Declarant's Rights Reserved. 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 that Declarant has a substantial interest in ensuring that the improvements within the Property enhance Declarant's reputation as a community developer and do not impair Declarant's ability to market its property. Accordingly, each Owner agrees that during the Development Period no Improvements will be started or progressed without the prior written approval of Declarant, which approval may be granted or withheld at Declarant's sole discretion. In reviewing and acting on an application for approval, Declarant may act solely in its self-interest and owes no duty to any other person or any organization. Declarant may designate one or more persons from time to time to act on its behalf in reviewing and responding to applications.
11.2.2 Delegation by Declarant. During the Development Period, Declarant may from time to time, but is not obligated to, delegate a portion of its reserved rights under this Article to an architectural control committee appointed by the Board or a committee comprised of architects, engineers, or other persons who may or may not be members of the Association. Any such delegation must be in writing and must specify the scope of
by the Board or a committee comprised of architects, engineers, or other persons who may or may not be members of the Association. Any such delegation must be in writing and must specify the scope of delegated responsibilities. Any such delegation is at all times subject to the unilateral rights of Declarant to: (i) revoke such delegation at any time and reassume jurisdiction over the matters previously delegated and (ii) to veto any decision which Declarant in its sole discretion determines to be inappropriate or inadvisable for any reason.
Unofficial 11.3 Architectural Control by Association. Unless and until such time as Declarant delegates all or a portion of its reserved rights to the Board, or the Development Period is terminated or expires, the Association has no jurisdiction over architectural matters.
termination or expiration of the Development Period, or earlier if delegated in writing by Declarant, the Association, acting through an architectural control committee (the "ACC") will assume jurisdiction over architectural control and will have the powers of the Architectural Reviewer hereunder On 11.3.1 ACC. The ACC will consist of at least three (3) but not more than seven ✅) persons appointed by the Board. Members of the ACC serve at the pleasure of the Board and may be removed and replaced at the Board's discretion. At the Board's option, the Board may act as the ACC, in which case all references in the Restrictions to the ACC will be construed to mean the Board. Members of the ACC need not be Owners or Residents, and may but need not include architects, engineers, and design professionals whose compensation, if any, may be established from time to time by the Board.
11.3.2 Limits on Liability. The ACC has sole discretion with respect to taste,
tects, engineers, and design professionals whose compensation, if any, may be established from time to time by the Board.
11.3.2 Limits on Liability. The ACC has sole discretion with respect to taste, design, and all standards specified by this Article. The members of the ACC have no liability for the ACC's decisions made in good faith, and which are not arbitrary or SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 66 or capricious. The ACC is not responsible for: (i) errors in or omissions from the plans and specifications submitted to the ACC; (ii) supervising construction for the Owner's compliance with approved plans and specifications; or (iii) the compliance of the Owner's plans and specifications with governmental codes and ordinances, state and federal laws.
or 11.4 Prohibition of Construction, Alteration and Improvement. No Improvement, any addition, alteration, improvement, installation, modification, redecoration, reconstruction thereof may occur unless approved in advance by the Architectural Reviewer.
The Architectural Reviewer 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. Notwithstanding the foregoing, each Owner will have the right to modify, alter, repair, decorate, redecorate, or improve the interior of their Dwelling, provided that such action is not visible from any other portion of the Property.
11.5 Architectural Approval.
Unofficial 11.5.1 Submission and Approval of Plans and Specifications. Construction plans and specifications will be submitted in accordance with procedural rules established from time to time by the Architectural Reviewer together with any review
ans and Specifications. Construction plans and specifications will be submitted in accordance with procedural rules established from time to time by the Architectural Reviewer together with any review fee which is imposed by the Architectural Reviewer. No Improvement will be placed or allowed on any Lot until the plans and specifications have been approved in writing by the Architectural Reviewer. The Architectural Reviewer may, in reviewing such plans and specifications consider any information that it deems proper including, but not limited to, the harmony of external design and location in relation to surrounding structures. The Architectural Reviewer may postpone its review of any plans and specifications submitted for approval pending receipt of any information or material which the Architectural Reviewer, in its sole discretion, may require. The Architectural Reviewer may refuse to approve plans and specifications for proposed Improvements of any grounds that, in the sole and absolute discretion of the Architectural Reviewer, are deemed sufficient, including, but not limited to, purely aesthetic grounds.
Notwithstanding any provision to the contrary in the Declaration, the Architectural Reviewer may issue an approval to Homebuilders for the construction of Improvements based on the review and approval of plan types and adopt a procedure which differs from the procedures for review and approval of Improvements set forth in this Declaration.
11.5.2 Failure to Act. In the event that any plans and specifications are submitted to the Architectural Reviewer as provided herein, and the Architectural Reviewer fails to either approve or reject such plans and specifications for a period of
plans and specifications are submitted to the Architectural Reviewer as provided herein, and the Architectural Reviewer fails to either approve or reject such plans and specifications for a period of sixty (60) days following such submission, the plans and specifications will be deemed disapproved.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 67 11.5.3 Variances. The Architectural Reviewer may grant variances from compliance with any of the provisions of Restrictions when, in the opinion of the Architectural Reviewer, in its sole and absolute discretion, such variance is justified. All variances must be evidenced in writing and, if Declarant has assigned its rights to the ACC, must be approved by at least a Majority of the members of the ACC. Each variance must also be recorded in the Official Public Records of Collin County, Texas; provided, however, that failure to record a variance will not affect the validity thereof or give rise to any claim or cause of action against the Architectural Reviewer, Declarant, the Board or the ACC. If a variance is granted, no violation of the Restrictions will be deemed to have occurred with respect to the matter for which the variance was granted, The granting of such variance will not operate to waive or amend any of the terms and provisions of the Restrictions for any purpose except as to the particular property and in the particular instance covered by the variance, and such variance will not be considered to establish a precedent for any future waiver, modification or amendment of the terms and provisions of the Restrictions.
Unofficial 11.5.4 Duration of Approval. The approval of the Architectural Reviewer of any
a precedent for any future waiver, modification or amendment of the terms and provisions of the Restrictions.
Unofficial 11.5.4 Duration of Approval. The approval of the Architectural Reviewer of any final plans and specifications, and any variances granted by the Architectural Reviewer will be valid for a period of one hundred and twenty (120) days only. If construction in accordance with such plans and specifications or variance is not commenced within such one hundred and twenty (120 day period and diligently prosecuted to completion thereafter, the Owner will be required to resubmit such final plans and specifications or request for a variance to the Architectural Reviewer, and the Architectural Reviewer will have the authority to re-evaluate such plans and specifications in accordance with this Section 11.5.4 and may, in addition, consider any change in circumstances which may have occurred since the time of the original approval.
11.5.5 No Waiver of Future Approvals. The approval of the Architectural Reviewer to any plans or specifications for any work done or proposed in connection with any matter requiring the approval or consent of the Architectural Reviewer will not be deemed to constitute a waiver of any right to withhold approval or consent as to any plans and specifications on any other matter, subsequently or additionally submitted for approval by the same or a different person, nor will such approval or consent be deemed to establish a precedent for future approvals by the Architectural Reviewer.
11.5.6 Non-Liability of Architectural Reviewer.
THE ARCHITECTURAL REVIEWER WILL NOT BE LIABLE TO ANY OWNER OR TO ANY OTHER PERSON FOR ANY LOSS, DAMAGE OR INJURY ARISING OUT OF THE PERFORMANCE OF THE ARCHITECTURAL REVIEWER'S DUTIES UNDER THIS DECLARATION,
CHITECTURAL REVIEWER WILL NOT BE LIABLE TO ANY OWNER OR TO ANY OTHER PERSON FOR ANY LOSS, DAMAGE OR INJURY ARISING OUT OF THE PERFORMANCE OF THE ARCHITECTURAL REVIEWER'S DUTIES UNDER THIS DECLARATION, UNLESS SUCH LOSS, DAMAGE, OR INJURY IS DUE TO THE WILLFUL MISCONDUCT OR BAD FAITH OF THE ARCHITECTURAL REVIEWER OR ONE OR MORE INDIVIDUALS ACTING ON ITS BEHALF, AS THE CASE MAY BE.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 68 ARTICLE 12 MORTGAGE PROVISIONS The following provisions are for the benefit of holders, insurers and guarantors of first Mortgages on Lots within the Property.
12.1 Notice of Action. An institutional holder, insurer, or guarantor of a first Mortgage which provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the street address of the Lot to which its Mortgage relates (thereby becoming an "Eligible Mortgage Holder"), will be entitled to timely written notice of: (i) (ii) Any condemnation loss or any casualty loss which affects a material portion of the Property or which affects any Lot on which there is an eligible Mortgage held, insured, or guaranteed by such Eligible Mortgage Holder; or Any delinquency in the payment of Assessments or charges owed for a Lot subject to the Mortgage of such Eligible Mortgage Holder, where such delinquency has continued for a period of sixty (60) days or any other violation of the Restrictions relating to such Lot or the Owner or Resident which is not cured within sixty (60) days; or Unofficial Any lapse cancellation, or material modification of any insurance policy maintained by the Association.
12.2 Examination of Books. The Association will permit Mortgagees to examine the
; or Unofficial Any lapse cancellation, or material modification of any insurance policy maintained by the Association.
12.2 Examination of Books. The Association will permit Mortgagees to examine the books and records of the Association during normal business hours.
Taxes Assessments and Charges. All taxes, Assessments and charges that may become liens prior to first lien mortgages under Applicable Law will relate only to the individual Lots and not to any other portion of the Property.
13.1 ARTICLE 13 GENERAL PROVISIONS Term. The terms, covenants, conditions, restrictions, easements, charges, and liens set out in this Declaration will run with and bind the Property, and will inure to the benefit of and be enforceable by the Association, and every Owner, including Declarant, and their respective legal representatives, heirs, successors, and assigns, for a term beginning on the date this Declaration is Recorded, and continuing through and including January 1, 2065, after which time this Declaration will be automatically extended for successive periods of ten (10) years unless a change (the word "change" meaning a termination, or change of term or renewal term) SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 69 is approved in a resolution adopted by Members entitled to cast at least sixty-seven percent (67%) of the total number of votes of the Association, voting in person or by proxy at a meeting duly called for such purpose, written notice of which will be given to all Members at least thirty (30) days in advance and will set forth the purpose of such meeting; provided, however, that such change will be effective only upon the Recording of a certified copy of such resolution. The
st thirty (30) days in advance and will set forth the purpose of such meeting; provided, however, that such change will be effective only upon the Recording of a certified copy of such resolution. The foregoing sentence shall in no way be interpreted to mean sixty-seven percent (67%) of a quorum as established pursuant to the Bylaws. Notwithstanding any provision in this Section 13.1 to the contrary, if any provision of this Declaration would be unlawful, void, or voidable by be enforced, reason of Applicable Law restricting the period of time that covenants on land such provision will expire twenty-one (21) years after the death of the last survivor of the now living, as of the date that this document is first Recorded, descendants of Elizabeth II, Queen of England.
Inofficial 13.2 Eminent Domain. In the event it becomes necessary for any public authority to acquire all or any part of the Common Area or Special Common Area for any public purpose during the period this Declaration is in effect, the Board is hereby authorized to negotiate with such public authority for such acquisition and to execute instruments necessary for that purpose. Should acquisitions by eminent domain become necessary, only the Board need be made a party, and in any event the proceeds received will be held by the Association for the benefit of the Owners. In the event any proceeds attributable to acquisition of Common Area are paid to Owners, such payments will be allocated on the basis of Assessment Units and paid jointly to the Owners and the holders of first Mortgages or deeds of trust on the respective Lot .
In the event any proceeds attributable to acquisition of Special Common Area are paid to Owners who have been assigned the obligation to pay Special Common Area Assessments
ust on the respective Lot .
In the event any proceeds attributable to acquisition of Special Common Area are paid to Owners who have been assigned the obligation to pay Special Common Area Assessments attributable to such Special Common Area, such payment will be allocated on the basis of Assessment Units and paid jointly to such Owners and the holders of first Mortgages or deeds of trust on their respective Lot Amendment. This Declaration may be amended or terminated by the Recording of an instrument executed and acknowledged by: (i) Declarant acting alone and unilaterally; or (N) by the president and secretary of the Association setting forth the amendment and certifying that such amendment has been approved by Declarant ( until expiration or termination of the Development Period) and Members entitled to cast at least sixty-seven percent (67%) of the total number of votes entitled to be cast by members of the Association. The foregoing sentence shall in no way be interpreted to mean sixty-seven percent (67%) of a quorum as established pursuant to the Bylaws. No amendment will be effective without the written consent of Declarant, its successors or assigns during the Development Period.
13.4 Enforcement. Except as otherwise provided herein, any Owner of Lot, at such Owner's own expense, Declarant and the Association will have the right to enforce, by a proceeding at law or in equity, the Restrictions. The Association and/or the Declarant may initiate, defend or intervene in any action brought to enforce any provision of the Restrictions .
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 70 Such right of enforcement will include both damages for and injunctive relief against the breach
of the Restrictions .
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 70 Such right of enforcement will include both damages for and injunctive relief against the breach of any provision hereof. Every act or omission whereby any provision of the Restrictions is violated, in whole or in part, is hereby declared to be a nuisance and may be enjoined or abated by any Owner of a Lot (at such Owner's own expense), Declarant or the Association. Any violation of any Applicable Law pertaining to the ownership, occupancy, or use of any portion of the Property is hereby declared to be a violation of this Declaration and subject to all of the enforcement procedures set forth herein. Failure to enforce any right, provision covenant, or condition set forth in the Restrictions will not constitute a waiver of the right to enforce such right, provision, covenants or condition in the future. Failure of the Declarant or the Association to enforce the terms and provisions of the Restrictions shall in no event give rise to any claim or liability against the Declarant, the Association, or any of their partners, directors, officers, or agents. EACH OWNER, BY ACCEPTING TITLE TO ALL OR ANY PORTION PROPERTY, HEREBY RELEASES AND SHALL HOLD HARMLESS EACH OF THE DECLARANT, THE ASSOCIATION, AND THEIR PARTNERS, DIRECTORS, OFFICERS, OR AGENTS FROM AND AGAINST ANY DAMAGES, CLAIMS OR LIABILITY ASSOCIATED WITH THE FAILURE OF THE DECLARANT OR THE ASSOCIATION TO ENFORCE THE TERMS AND PROVISIONS OF THE RESTRICTIONS 13.5 Higher Authority. The terms and provisions of this Declaration are subordinate to Applicable Law. Generally, the terms and provisions of this Declaration are enforceable to the extent they do not violate or conflict with applicable Law Unofficial
this Declaration are subordinate to Applicable Law. Generally, the terms and provisions of this Declaration are enforceable to the extent they do not violate or conflict with applicable Law Unofficial 13.6 Severability. If any provision of this Declaration is held to be invalid by any court of competent jurisdiction, such invalidity will not affect the validity of any other provision of this Declaration, or, to the extent permitted by Applicable Law, the validity of such provision as applied to any other person or entity.
Conflicts If there is any conflict between the provisions of this Declaration, the Certificate the Bylaws or any Rules adopted pursuant to the terms of such documents, the provisions of this Declaration, the Certificate, the Bylaws, and the Rules, in such order, will Gender. Whenever the context so requires, all words herein in the male gender will be deemed to include the female or neuter gender, all singular words will include the plural, and all plural words will include the singular.
13.9 Notices. Any notice permitted or required to be given to any person by this Declaration will be in writing and may be delivered either personally or by mail, or as otherwise required by Applicable Law. If delivery is made by mail, it will be deemed to have been delivered on the third (3rd) day (other than a Sunday or legal holiday) after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to the the address given by such person to the Association for the purpose of service of notices. Such person at SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 71 address may be changed from time to time by notice in writing given by such person to the Association.
Such person at SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 71 address may be changed from time to time by notice in writing given by such person to the Association.
13.10 Damage and Destruction. The Association shall undertake the following actions subsequent to damage or destruction to all or any part of the Common Area or Special Common Area covered by insurance: 13.10.1 Claims. Promptly after damage or destruction by fire or other casualty to all or any part of the Common Area or the Special Common Area covered by insurance, the Board, or its duly authorized agent, will proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair of the damage. Repair, as used in this Section 13.10.1, means repairing or restoring the Common Area of Special Common Area to substantially the same condition as existed prior to the fire or other casualty.
13.10.2 Repair Obligations. Any damage to or destruction of the Common Area or the Special Common Area will be repaired unless a Majority of the Board decides within sixty (60) days after the casualty not to repair. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair, or both, are not made available to the Association within said period, then the period will be extended until such information will be made available.
13.10.3 Restoration. In the event that it should be determined by the Board that the damage or destruction of the Common Area or Special Common Area will not be repaired and no alternative Improvements are authorized, then the affected portion of
ld be determined by the Board that the damage or destruction of the Common Area or Special Common Area will not be repaired and no alternative Improvements are authorized, then the affected portion of the Common Area or Special Common Area will be restored to its natural state and maintained as an undeveloped portion of the Common Area by the Association in a neat and attractive condition.
13.10.4 Special Assessment for Common Area. If insurance proceeds are paid to restore or repan any damaged or destroyed Common Area, and such proceeds are not sufficient to defray the cost of such repair or restoration, the Board will levy a Special Assessment as provided in Article 8, against all Owners. Additional Assessments may be made in like manner at any time during or following the completion of any repair.
13.10.5 Special Assessment for Special Common Area. If insurance proceeds are paid to restore or repair any damaged or destroyed Special Common Area, and such proceeds are not sufficient to defray the cost of such repair or restoration, the Board will levy a Special Common Area Assessment, as provided in Article 8, against all Owners who have been assigned the obligation to pay Special Common Area Assessments attributable to such Special Common Area. Additional Assessments may be made in like manner at any time during or following the completion of any repair.
SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 72 13.10.6 Proceeds Payable to Owners. In the event that any proceeds of insurance policies are paid to Owners as a result of any damage or destruction to any Common Area, such payments will be allocated based on Assessment Units and paid jointly to the Owners and the holders of first Mortgages or deeds of trust on their Lots.
y damage or destruction to any Common Area, such payments will be allocated based on Assessment Units and paid jointly to the Owners and the holders of first Mortgages or deeds of trust on their Lots.
13.10.7 Proceeds Payable to Owners Responsible for Special Common Area. In the event that any proceeds of insurance policies are paid to Owners as a result of any damage or destruction to Special Common Area, such payments will be allocated based on Assessment Units and will be paid jointly to the Owners who have been assigned the obligation to pay Special Common Area Assessments attributable to such Special Common Area and the holders of first Mortgages or deeds of trust on their Lots.
13.11 No Partition. Except as may be permitted in this Decoration or amendments thereto, no physical partition of the Common Area or Special Common Area or any part thereof will be permitted, nor will any person acquiring any interest in the Property or any part thereof seek any such judicial partition unless the portion of the Property, the Common Area, or Special Common Area in question has been removed from the provisions of this Declaration pursuant to Section 15.4 below. This Section 13.11 will not be construed to prohibit the Board from acquiring and disposing of tangible personal property or from acquiring title to real property that may or may not be subject to this Declaration, nor will this provision be constructed to prohibit or affect the creation of a condominion regime in accordance with the Texas Uniform Condominium Act.
Unofficial 13.12 Safety and Security. Each Owner and Resident of a Lot, and their respective guests and invitees, shall be responsible for their own personal safety and the security of their
nium Act.
Unofficial 13.12 Safety and Security. Each Owner and Resident of a Lot, and their respective guests and invitees, shall be responsible for their own personal safety and the security of their property within the Property, the Common Area or Special Common Area. The Association may, but shall not be obligated to, maintain or support certain activities within the Property, the Common Area or Special Common Area designed to promote or enhance the level of safety or security which each person provides for himself or herself and his or her property. However, neither the Association or the Declarant nor their Directors, employees, or agents shall in any way be considered insurers or guarantors of safety or security within the Property, the Common Area or Special Common Area, nor shall either be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. No representation or warranty made that any systems or measures, including security monitoring systems or any gate, mechanism or system for limiting access to the Property, the Common Area or Special Common Area, cannot be compromised or circumvented; or that any such system or security measures undertaken will in all cases prevent loss or provide the detection or protection for which the system is designed or intended. Each Owner acknowledges, understands, and shall be responsible for informing any Residents of such Owner's Lot that the Association, its Board, its employees, agents, and committees, and the Declarant are not insurers or guarantors of security or safety and that each person within the Property assumes all risks of personal injury and loss or damage to property, including any 7 SORRELLWOOD TERRACE
t are not insurers or guarantors of security or safety and that each person within the Property assumes all risks of personal injury and loss or damage to property, including any 7 SORRELLWOOD TERRACE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 73