FF $125.00 GF STC / KRD / 301 Cross-Reference to Master Declaration: Instrument 92-0076613 STATE OF TEXAS COUNTY OF COLLIN VILLAGE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR STONEBRIDGE ESTATES cial Scrivener's Note to Collin County Clerk and to all Abstracters and Title Examiners: This instrument specifically refers to, and constitutes a covenant running with, the residential Lots within that certain 28.143 acre tract situated in Collin County, Texas which has been formally subdivided in accordance with a certain subdivision plat entitled "Stonebridge Estates," filed and recorded in Cabinet I, Drawer 469 of the Map and Plat Records of Collin County, Texas, to which reference is hereby made for all purposes.
Additional property may hereafter be subjected to this Village Declaration by filing of an instrument entitled "Supplemental Village Declaration for stonebridge Estates" describing the property to be subjected hereto, in accordance with the provisions of this village Declaration.
The name and address of the business entity which owns the land initially made subject to this village Declaration, which entity is the Declarant herein, is: Stonebridge Ranch Development Corporation 7605 W. Virginia Parkway McKinney, Texas 75070 (214) 540-5400 1 950011732 VILLAGE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR STONEBRIDGE ESTATES BACKGROUND Declarant is the owner and developer of certain real property more particularly described on Exhibit "A" attached hereto which is a part of that certain master planned community located in Collin County, Texas, and commonly known as Stonebridge Ranch This Village Declaration is intended to establish a sub-association within Stonebridge Ranch to administer certain responsibilities
ted in Collin County, Texas, and commonly known as Stonebridge Ranch This Village Declaration is intended to establish a sub-association within Stonebridge Ranch to administer certain responsibilities with respect to the Common Properties, as defined in Section 1.11, and to administer and enforce the provisions of this Declaration and the By-Laws. Declarant desires to impose these covenants, conditions, restrictions, and easements on the real property subjected hereto, yet retain reasonable flexibility to respond to changing or unforeseen circumstances so as to guide, control and maintain the distinction of the Stonebridge Estates.
Declarant hereby declares that all of the property described in Exhibit "A" to this Declaration and any additional property which is hereafter made subject to this Declaration in accordance with Article X shall be held, sold, transferred, used and conveyed subject to the Master Declaration (as defined in Article I hereof) and the following additional easements, restrictions, covenants, and conditions, which shall run with the title to the real property subjected to this Declaration. This Declaration and the Master Declaration shall be binding on all parties having any right, title, or interest in the properties or any part thereof, their heirs, successors, successors-in-title, and assigns, and shall inure to the benefit of each owner thereof.
This Declaration does not and is not intended to create a condominium within the meaning of the Texas Condominium Act, Tex.
Prop. Code Ann Section 81.001, et seq. (Vernon 1984).
Article I DEFINITIONS The terms in this Declaration and the exhibits to this Declaration shall generally be given their natural, commonly accepted definitions except as otherwise specified. Capitalized
rticle I DEFINITIONS The terms in this Declaration and the exhibits to this Declaration shall generally be given their natural, commonly accepted definitions except as otherwise specified. Capitalized terms shall be defined as set forth below.
1.1. Area of Common Responsibility: The Common Properties, together with those areas, which by the terms of this Declaration, any Supplemental Declaration or other applicable covenants or contracts become the responsibility of the Association.
1.2. Articles of Incorporation or Articles: The Articles of Incorporation of Stonebridge Ranch Estates Homeowners Association, Inc., on file with the Secretary of State for the State of Texas, as they may be amended.
1.3. Association: Stonebridge Ranch Estates Homeowners Association, Inc., a Texas non-profit corporation, its successors or assigns, which shall have the power, duty and responsibility for administering and enforcing this Declaration.
1.4. Base Assessment: Assessments levied on all Lots subject to assessment under Section 11.8 to fund Common Expenses for the general benefit of all Lots, as more particularly described in Sections 11.1 and 11.3.
čia The body responsible for selected as provided in the role as the board of 1.5. Board of Directors or Board: administration of the Association, By-Laws and generally serving directors under Texas corporate law the same sale to 1.6. Builder: Any Person which purchases one or more Lots for the purpose of constructing improvements for later consumers in the ordinary course of such Person's business.
1.7. By-Laws: The By-Laws of Stonebridge Ranch Estates Homeowners Association, Inc. attached as Exhibit "C" and incorporated by reference, as they may be amended from time to time.
1.8. Class A: The class of membership in the Association
dge Ranch Estates Homeowners Association, Inc. attached as Exhibit "C" and incorporated by reference, as they may be amended from time to time.
1.8. Class A: The class of membership in the Association consisting of all Owners other than the Class "B" Member, as more particularly described in Section 4.3(a).
1.9 Class B: The class of membership in the Association consisting of the Declarant, as more particularly described in Section 4.3(b).
1.10.
Class "B" Control Period: The period of time during which the class "B" Member is entitled to appoint a majority of the members of the Board of Directors as provided in Section 3.3 of the By-Laws.
1.11.
Common Properties: All real and personal property which the Association owns, leases or otherwise holds possessory or use rights in for the common use and enjoyment of the Owners, which may include easements.
1.12.
Common Expenses: The actual and estimated expenses incurred, or anticipated to be incurred, by the Association for the 2 3 general benefit of all Owners, including any reasonable reserves for repairs and replacements, as the Board may find necessary and appropriate pursuant to this Declaration, the By-Laws, and the Articles of Incorporation and also including, without limitation, real estate taxes on the Common Properties, if any, and insurance premiums. Common Expenses shall not include any expenses incurred during the Class "B" Control Period for initial development, original construction, installation of infrastructure, original capital improvements, or other original construction costs unless approved by Members representing a majority of the total class "A" votes in the Association.
1.13.
Community-Wide Standard: The standard of conduct, maintenance, or other activity generally prevailing throughout the
bers representing a majority of the total class "A" votes in the Association.
1.13.
Community-Wide Standard: The standard of conduct, maintenance, or other activity generally prevailing throughout the Properties. Such standard may be more specifically determined by the Board of Directors and its designees, if any, but shall not be lower than the standard established by the Master Association for the Stonebridge Ranch community generally.
1.14.
Declarant: Stonebridge Ranch Development Corporation, a Delaware corporation qualified to do business in Texas, or any successor, successor-in-title, or assign who takes title to any portion of the property subject to this Declaration or subject to annexation pursuant to Section 10.2 for the purpose of development and/or sale and who is designated as the Declarant hereunder in a recorded instrument executed by the immediately preceding Declarant.
1.15.
Lot: Each numbered, platted lot, whether improved or unimproved, shown on any subdivision plat of the Properties, which Lot is intended for development, use, and occupancy as a residence for a single family. The term shall refer to the land which is part of the Lot as well as any improvements thereon. The term shall not include Common Properties of the Association or the Master Association, or any portion of the Properties which may be dedicated to the public.
1.26.
Master Association: Stonebridge Ranch Community Association, Inc., a Texas corporation, its successors and assigns, which has the power, duty and responsibility for administering and enforcing the Master Declaration.
1. N.
Master Declaration: The Consolidated and Amended Master Declaration of Covenants, Conditions, Restrictions, Easements, Charges and Liens for Stonebridge Ranch, recorded on
he Master Declaration.
1. N.
Master Declaration: The Consolidated and Amended Master Declaration of Covenants, Conditions, Restrictions, Easements, Charges and Liens for Stonebridge Ranch, recorded on October 29, 1992, as Instrument Number 92-0076613 in the Public Real Estate Records of Collin County, Texas, as it may be amended and supplemented from time to time.
1.18.
Member: A Person subject to membership in the Association as provided in Article IV.
3 4 1.19.
"Mortgage": secure debt, or any other title to a Lot.
1.20.
1.21.
1.22.
"Mortgagee": "Mortgagor": A mortgage, a deed of trust, a deed to form of security instrument affecting A beneficiary or holder of a Mortgage.
Any Person who gives a Mortgage.
"Owner": One or more Persons who hold the record title to any Lot, but excluding in all cases any party holding an interest merely as security for the performance of an obligation.
If a Lot is sold under a recorded contract of sale, and the contract specifically so provides, the purchaser (rather than the fee owner) will be considered the Owner.
1.23.
"Person": A natural person a corporation, a partnership, a trustee, or any other legal entity.
1.24.
"Properties": The real property described in Exhibit "A," together with such additional property as is at any time subjected to this Declaration in accordance with Article X.
1.25.
"Special Assessment" accordance with Section 11.5 o this Declaration.
1.26.
"Specific Assessment": Assessments levied in Assessments levied in accordance with Section 11 6 of this Declaration.
1.27.
"Stonebridge Ranch": that certain real property located in Collin County Texas, and made subject to the jurisdiction of Stonebridge Ranch Community Association, Inc. by the Stonebridge Ranch Covenants.
one or more 1.28.
"Stonebridge Ranch Covenants":
cated in Collin County Texas, and made subject to the jurisdiction of Stonebridge Ranch Community Association, Inc. by the Stonebridge Ranch Covenants.
one or more 1.28.
"Stonebridge Ranch Covenants": instruments recorded in the public records of Collin County, Texas, which by their terms subject the real property described therein to the jurisdiction of the Master Association and impose a system of covenants, conditions, restrictions, easements, charges and liens such property, as such instrument(s) may be amended and supplemented from time to time, and/or any consolidation thereof.
on 1.29.
"Supplemental Declaration": An amendment or supplement to this Declaration filed pursuant to Article X which subjects additional property to this Declaration and/or imposes, expressly or by reference, additional restrictions and obligations on the real property described therein.
1.30.
"Village Declaration" or "Declaration": This Village Declaration of Covenants, Conditions and Restrictions for Stonebridge Estates, as it may be amended and supplemented from time to time.
Article II MASTER ASSOCIATION This Declaration is intended to supplement the Master Declaration as it applies to the Properties. Every Owner, by acceptance of an interest in any Lot, acknowledges that he or she is subject to the Master Declaration, in addition to this Village Declaration, and that he or she is automatically a member of and subject to assessment by the Master Association, as well as by Stonebridge Ranch Estates Homeowners Association, Inc.
In addition to all of the rights and obligations which are conferred or imposed upon the Association pursuant to this Declaration, the By-Laws or the Articles of Incorperation, the Association shall be entitled to exercise any of the rights
igations which are conferred or imposed upon the Association pursuant to this Declaration, the By-Laws or the Articles of Incorperation, the Association shall be entitled to exercise any of the rights conferred upon it and shall be subject to all of the obligations imposed upon it pursuant to the Master Declaration and the By-Laws of Stonebridge Ranch Community Association, Inc. The Association and all committees thereof shall also be subject to all superior rights and powers which have been conferred upon the Master Association pursuant to the Master Declaration and the By-Laws of the Master Association. The Association shall take no action in derogation of the rights of, or contrary to the interests of the Master Association.
Article III PROPERTY RIGHTS OFFIC Every Owner shall have a right and nonexclusive easement of use, access, and enjoyment in and to the Common Properties, subject to: (a) This Declaration, the Master Declaration, and any other applicable covenants, (b) Any restrictions or limitations contained in any deed conveying such property to the Association; (c) The right of the Board and the membership to adopt rules regulating the use and enjoyment of the Common Properties, pursuant to Article XIII; (2) The right of the Association to enter into and execute contracts with any party (including, without limitation, the Declarant, its affiliates, or the Master Association) for the purpose of providing management, maintenance or other materials and services to the Association and the Owners consistent with the purposes of the Association and/or this Declaration; ¿ 6 (e) The right of the Association to grant permits, licenses and easements over the Common Properties for utilities, roads, and other purposes deemed appropriate by the Board;
/or this Declaration; ¿ 6 (e) The right of the Association to grant permits, licenses and easements over the Common Properties for utilities, roads, and other purposes deemed appropriate by the Board; (f) The right of the Association, acting through the Board, to dedicate or transfer all or any part of the Common Properties pursuant to Section 5.8; and (g) The right of the Association, acting through the Board, to mortgage, pledge, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred.
Notwithstanding the above, an Owner who does not reside in his pursuant to a lease or otherwise, shall be deemed to have delegated his rights to use the recreational facilities to the occupants of his unit.
Unit but permits occupancy of his Unit by others હ ARTICLE IV ASSOCIATION FUNCTION, MEMBERSHIP AND VOTING RIGHTS 4.1. Function of Association. The Association shall be the entity responsible for management maintenance, operation and control of the Area of Common Responsibility, subject to its right to delegate or assign such responsibility to other entities as provided in this Declaration and the By-Laws.
The Association shall be the primary entity responsible for enforcement of this Declaration and such reasonable rules The regulating use of the properties as the Board may adopt.
Association shall perform its functions in accordance with the Master Declaration, this Declaration, the By-Laws, the Articles of Incorporation and Texas law.)
The 4.2. Membership Every Owner shall be a Member of the Association. No Owner, whether one or more Persons, shall have more than one membership per Lot owned. If a Lot is owned by more than one Person, all such co-owners shall be jointly and severally
the Association. No Owner, whether one or more Persons, shall have more than one membership per Lot owned. If a Lot is owned by more than one Person, all such co-owners shall be jointly and severally obligated to perform the responsibilities of Owners hereunder.
membership rights and privileges of an Owner who is a natural Person may be exercised by the Member or the Member's spouse. The membership rights of an Owner which is a corporation, partnership individual other legal entity shall exercised by the designated from time to time by the Owner in a written instrument provided to the Secretary of the Association.
or be 4.3. Voting. The Association shall have membership, Class "A" and Class "B."
two classes of (a) Class "A". Class "A" Members shall be all Owners except the Class "B" Member, if any.
7 Class "A" Members shall have one equal vote for each Lot in which they hold the interest required for membership under Section 4.2; there shall be only one vote per Lot or if the Owner owns multiple contiguous Lots with only one residence there shall be only one vote for multiple Lots.
In any situation in which there is more than one Owner of a particular Lot, the vote for such Lot may be exercised by any one of them; provided, it shall be exercised as directed by written notice signed by all such co-owners and filed with the Secretary of the Association prior to any vote of the membership, if such notice is given. Absent such direction, the Lot's vote shall be suspended if more than one Person seeks to exercise it.
(b) Class "B". The sole Class "B" Member shall be the Declarant. The rights of the Class "B" Member, including the right to approve, or withhold approval of, actions proposed under this Declaration and the By-Laws, are specified elsewhere in the
l be the Declarant. The rights of the Class "B" Member, including the right to approve, or withhold approval of, actions proposed under this Declaration and the By-Laws, are specified elsewhere in the Declaration and the By-Laws. The Class "B" Member may appoint a majority of the members of the Board of Directors during the Class "B" Control Period, as specified in Section 3.3 of the By-Laws. After termination of the Class "B" Control Period, the Class "B" Member shall have a right to disapprove actions of the Board and committees as provided in Section 3.18 of the By-Laws.
The Class "B" membership shall terminate and become converted to Class "A" membership upon the earlier of: (i) two years after expiration of the Class "B" Control Period pursuant to Article III of the By-Laws; or (ii) when, in its discretion, the Declarant so determines and declares in a recorded instrument.
ne Article V RIGHTS AND OBLIGATIONS OF THE ASSOCIATION 5.1. Common Properties. The Association, subject to the rights of the Owners set forth in this Declaration, shall manage and control the Common Properties and all improvements thereon (including, without limitation, furnishings, equipment, and landscaping) and shall keep them in good, clean, attractive, and sanitary condition, order, and repair, pursuant to the terms and conditions hereof and consistent with the Community-Wide Standard, subject to the right to assign such responsibilities to the Master Association by mutual agreement.
5.2. Personal Property and Real Property for Common Use. The Association may acquire, hold, and dispose of tangible and intangible personal property and real property. The Declarant may convey to the Association improved or unimproved real estate 7 8 located within the properties subject to this Declaration or
ible and intangible personal property and real property. The Declarant may convey to the Association improved or unimproved real estate 7 8 located within the properties subject to this Declaration or subject to annexation under Section 10.2, personal property, and leasehold and other property interests. Such property shall be accepted by the Association and thereafter shall be maintained as a Common Expense for the benefit of the Members, subject to any restrictions set forth in the deed.
5.3. Rulemaking. The Association, pursuant to Article XIII, may make and enforce reasonable rules governing the use of the Properties, consistent with this Declaration and the Master Declaration and with the rules and regulations of the Master Association. This requirement of consistency shall not preclude the Association from adopting rules which are more restrictive than the provisions of the Master Declaration or the rules of the Master Association.
5.4. Enforcement. The Association may impose sanctions for violations of this Declaration, the By-Laws, or rules in accordance with procedures set forth in Section 3.23 of the By-Laws, including reasonable monetary fines. In addition, the Association may suspend a Member's right to vote, and may suspend any services provided by the Association to any Owner or such Owner's Lot, during the period of any delinquency in payment of assessments or other charges due to the Association. The Association may also exercise self-help and seek relief in any court for violations or to abate nuisances.
The Master Association shall be entitled to enforce the provisions of this Declaration to the same extent as the Association or any Owner. The failure of the Master Association to enforce any of the limitations, restrictions, conditions or
d to enforce the provisions of this Declaration to the same extent as the Association or any Owner. The failure of the Master Association to enforce any of the limitations, restrictions, conditions or covenants contained herein shall not constitute a waiver of the right to enforce the same thereafter. No liability shall be imposed on, or incurred by, the Master Association as a result of such failure. The prevailing party in any action at law or in equity instituted by the Master Association or the Association to enforce or interpret said limitations, restrictions, conditions or covenants, shall be entitled to all costs incurred in connection therewith, including without limitation, reasonable attorneys' fees.
The City of McKinney shall be entitled to enforce the maintenance provisions of this Declaration in the event that the Association, its successors or assigns, or the Master Association shall fail or refuse to, in accordance with procedures set forth in Section 17.12 of this Declaration.
The Association, by contract or other agreement, may enforce county and city ordinances, if applicable, and permit Collin County and the City of McKinney, Texas, to enforce ordinances on the Properties for the benefit of the Association and its Members.
9 5.5. Implied Rights; Board Authority. The Association may exercise any other right or privilege given to it expressly by this Declaration or the By-Laws, or reasonably implied from or reasonably necessary to effectuate any such right or privilege.
Except as otherwise specifically provided in this Declaration, the By-Laws, Articles, or by law, all rights and powers of the Association may be exercised by the Board without a vote of the membership.
5.6. Governmental Interests. For so long as the Declarant
on, the By-Laws, Articles, or by law, all rights and powers of the Association may be exercised by the Board without a vote of the membership.
5.6. Governmental Interests. For so long as the Declarant owns any property subject to this Declaration or subject to annexation under Section 10.2, the Declarant may designate sites within the Properties for fire, police, water, drainage, and utility facilities, parks, and other public facilities. The sites may include Common Properties, in which case the Association shall take whatever action is required with respect to such site to permit such use, including conveyance of the site, if so directed by Declarant. The sites may include other property not owned by Declarant provided the owner consents thereto 5.7. Indemnification. The Association shall indemnify every officer, director, and committee member against all expenses, including counsel fees, reasonably incurred in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which he or she may be a party by reason of being or having been an officer, director, or committee member.
The officers, directors, and committee members shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made or action taken in good faith on behalf of the Association (except to the extent that such officers or directors may also be Members of the Association). The Association shall indemnify and forever hold each such officer, director and committee member
ciation (except to the extent that such officers or directors may also be Members of the Association). The Association shall indemnify and forever hold each such officer, director and committee member harmless from any and all liability to others on account of any such contract, commitment or action. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any present former officer, director, or committee member may be entitled. The Association shall, as a Common Expense, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such insurance is reasonably available.
5.8. Dedication of Common Properties. The Association may dedicate portions of the Common Properties to Collin County, the City of McKinney, Texas, or to any other local, state, or federal governmental entity; provided, the City of McKinney shall have no obligation to accept any private streets for public access and 10 maintenance and may impose such conditions upon acceptance as it deems appropriate.
5.9. Disclaimer Regarding Security. The Association and the Master Association may, but shall not be obligated to, maintain or support certain activities within the Properties designed to make the Properties safer than they otherwise might be. Neither the Association, the Master Association, the Declarant under the Master Declaration ("Master Declarant"), the Declarant hereunder, nor any successor declarant shall in any way be considered insurers or guarantors of security within the Properties, nor shall any of them be held liable for any loss or damage by reason of failure to provide adequate security or of ineffectiveness of security measures undertaken. No representation or warranty is made that
ll any of them be held liable for any loss or damage by reason of failure to provide adequate security or of ineffectiveness of security measures undertaken. No representation or warranty is made that any gate limiting vehicular access to the Properties or any fire protection system, burglar alarm system or other security system can not be compromised or circumvented, nor that any such systems 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 covenants to inform its tenants, invitees and licensees that the Association, the Master Association, their respective Boards of Directors and committees, the Master Declarant, and the Declarant hereunder are not insurers and that each Person using the Properties assumes all risks for loss or damage to Persons, to Lots and to the contents of Lots resulting from acts of third parties.
The gatehouse, if any, located at the entrance to the Properties is intended as a convenience for the Declarant during initial construction within the Properties and is not designed or intended to enhance the security within or safety of persons residing within the Properties or their guests. The Declarant may, but shall not be obligated to, use such gatehouse during initial construction within the properties for whatever purposes Declarant sees fit and may but shall not be obligated to, employ or retain, at Declarant's sole cost and expense, a person or persons to occupy such gatehouse and perform such functions on behalf of Declarant as Declarant, in its sole discretion, deems appropriate, including but not limited to monitoring traffic and facilitating access by
upy such gatehouse and perform such functions on behalf of Declarant as Declarant, in its sole discretion, deems appropriate, including but not limited to monitoring traffic and facilitating access by authorized persons to Lots which are under construction.
person employed or retained by the Declarant shall under no circumstances be responsible for providing security to any persons or property within the Properties. Upon termination of the Declarant right to use the gatehouse, the Association may, but shall have no obligation to, staff or otherwise use the gatehouse for such purposes as the Board deems appropriate; however, at no time shall the Declarant have any obligation to staff or otherwise continue any prior use of the gatehouse.
Any such 10 // 5.10.
Private Streets.
(a) Any streets which are conveyed to the Association shall be maintained by the Association as part of the Common Properties as set forth in Section 6.1, and the City of McKinney shall have no responsibility for maintenance of such streets. The City of McKinney may, but shall not be obligated to, inspect such streets and require the Association to make any repairs necessary to bring such streets up to the standards of public streets within the city of McKinney. If the Association should fail to make any repairs within a reasonable time after receipt of written notice from the City of McKinney as to the need for such repairs, ok if the Association and the city of McKinney otherwise agree, the City of McKinney shall have the right (i) to cause such repairs to be made and to assess each Lot within the Properties for an equal share of the cost of such repairs; or (ii) to revoke the special use permit for private streets, make any necessary repairs, remove any gate,
and to assess each Lot within the Properties for an equal share of the cost of such repairs; or (ii) to revoke the special use permit for private streets, make any necessary repairs, remove any gate, gatehouse or other structures not permitted on public streets within the city, and unilaterally refile the subdivision plat(s) for the Properties dedicating the streets within the properties to the public; or (iii) both of the above, in the event the balance of the reserve fund is not sufficient to cover all street repairs. If the private streets are converted to public streets, under (ii) above, the City shall be entitled to that portion of the Association's reserve funds allocated to maintenance of the streets so dedicated, as provided in section 11 4.
(b) Each Owner, by acceptance of any interest in a Lot, acknowledges and agrees that the city of McKinney shall have no obligation to provide certain services, such as but not limited to routine police patrols, enforcement of traffic and parking ordinances, or preparation of accident reports, in areas served by private streets.
(၁) This section shall not be amended without the prior written consent of the City of McKinney.
Article VI MAINTENANCE 6.1. Association's Responsibility. The Association shall maintain the Area of Common Responsibility and shall keep it in good, clean, attractive, and sanitary condition, order, and repair, pursuant to the terms and conditions hereof. The Area of Common Responsibility shall include, but need not be limited to: (a) all landscaping and other flora, open space, structures, and improvements, including, without limitation, walls, fences, private streets, sidewalks, medians, streetlights, signage, and entrance gates, entrance signage, gatehouse and other entrance
ructures, and improvements, including, without limitation, walls, fences, private streets, sidewalks, medians, streetlights, signage, and entrance gates, entrance signage, gatehouse and other entrance features, if any, situated upon the Common Properties; 11 12 (b) landscaping and other flora within any right-of-way within the Properties, unless responsibility therefor has been assigned to or assumed by the Master Association pursuant to the Master Declaration; (c) routine maintenance and winterizing (to the extent that the Board deems winterizing necessary) of the irrigation and sprinkler system(s), if any, serving the Common Properties (the Association shall have no responsibility for maintenance and winterizing of, repairs to or replacement of the irrigation system lying within the boundaries of any Lot except to the extent expressly assumed by the Board); and (d) such portions of any additional property as max be dictated by this Declaration, any Supplemental Declaration, or any contract or agreement for maintenance thereof entered into by the Association; and.
The Area of Common Responsibility described above shall not be reduced by amendment of this Declaration or any other means except with the prior written approval of the Declarant, so long as Declarant owns any property subject to this Declaration or subject to annexation under Section 10.2.
The Association may maintain other property which it does not own, including, without limitation, property dedicated to the public, if the Board of Directors determines that such maintenance is necessary or desirable to maintain the Community-Wide Standard.
Except as otherwise specifically provided herein, all costs associated with maintenance, repair and replacement (to the extent
enance is necessary or desirable to maintain the Community-Wide Standard.
Except as otherwise specifically provided herein, all costs associated with maintenance, repair and replacement (to the extent such is the responsibility of the Association) of the Area of Common Responsibility shall be a Common Expense to be allocated among all Lots as part of the Base Assessment, without prejudice to the right of the Association to seek reimbursement from the owner(s) of, or other Persons responsible for, certain portions of the Area of Common Responsibility pursuant to this Declaration, other recorded covenants, or agreements with the owner(s) thereof.
In the event that the Association fails to perform its responsibilities hereunder or under the Master Declaration, or otherwise agrees with the Master Association, the Master Association shall be authorized to assume such maintenance responsibilities and to assess all costs thereof against the Owners and their Lots in equal shares, such assessments constituting a lien against each Lot which may be collected in the same manner as the lien for any assessment under the Master Declaration.
In the event that the Association or the Master Association fail to perform its responsibilities hereunder or under the Master Declaration, the City shall be authorized to assume such maintenance responsibilities and to assess all costs thereof 12 13 a against the Owners and their Lots in equal shares, such assessments constituting a lien against each Lot which may be collected in the same manner as the lien for any assessment under the Master Declaration and this Declaration.
6.2. Owner's Responsibility. Each Owner shall be responsible for maintaining his or her Lot and all structures, driveways,
he lien for any assessment under the Master Declaration and this Declaration.
6.2. Owner's Responsibility. Each Owner shall be responsible for maintaining his or her Lot and all structures, driveways, sidewalks, parking areas and other improvements comprising the Lot.
In addition to any other enforcement rights, if an Owner fails to properly perform his or her maintenance responsibilities, the Association may perform such maintenance responsibilities and assess all costs incurred by the Association against the Lot and the Owner in accordance with Section 11.6. The Association shall afford the Owner reasonable notice and an opportunity to cure the problem prior to entry, except when entry is required due to an emergency situation.
Performance.
Except for and 6.3. Standard of as otherwise specifically provided herein or in other instruments creating and assigning such maintenance responsibility, responsibility maintenance shall include responsibility for repair replacement, as necessary. All maintenance shall be performed in manner consistent with the Community-Wide Standard and all applicable covenants. The private streets shall be maintained to the standards of similarly situated public streets within the City of McKinney. Neither the Association nor an Owner shall be liable for any damage or injury occurring on, or arising out of the condition of, property which it does not own except to the extent that it has been negligent in the performance of its maintenance responsibilities.
7.1 Article VII INSURANCE AND CASUALTY LOSSES Required Coverages. The Association, acting through its Board or its duly authorized agent, shall obtain and continue in effect if reasonably available the following types of insurance: (a) Blanket property insurance covering "risks of direct
g through its Board or its duly authorized agent, shall obtain and continue in effect if reasonably available the following types of insurance: (a) Blanket property insurance covering "risks of direct physical loss" on a "special form" basis (or comparable coverage by whatever name denominated) for all insurable improvements on the Common Properties, if any, and on other portions of the Area of Common Responsibility to the extent that it has assumed responsibility for maintenance, repair and/or replacement in the event of a casualty. If such coverage is not generally available at reasonable cost, then "broad form" coverage may be substituted.
All property insurance policies obtained by the Association shall have policy limits sufficient to cover the full replacement cost of the insured improvements; 13 14 (b) Commercial general liability policy on the Area of Common Responsibility, insuring the Association and its Members for damage or injury caused by the negligence of the Association or any of its Members, employees, agents, or contractors while acting on its behalf. If generally available at reasonable cost, the commercial general liability policy shall have a limit of at least $1,000,000.00 per occurrence with respect to bodily injury, personal injury, and property damage; (c) Workers compensation insurance and employers Nability insurance if and to the extent required by law; (d) Directors and officers liability coverage: (e) Fidelity insurance covering all Persons responsible for handling Association funds in an amount determined in the Board's best business judgment but not less than an amount equal to one-sixth of the annual Base Assessments on all Lots plus reserves on hand. Fidelity insurance policies shall contain a waiver of all
oard's best business judgment but not less than an amount equal to one-sixth of the annual Base Assessments on all Lots plus reserves on hand. Fidelity insurance policies shall contain a waiver of all defenses based upon the exclusion of Persons serving without compensation; and (f) Such additional insurance as the Board, in its best business judgment, determines advisable, which may include, without limitation, flood insurance boiler and machinery insurance, and building ordinance coverage.
Premiums for all insurance on the Area of Common Responsibility shall be Common Expenses and shall be included in the Base Assessment.
7.2. Policy Requirements. The Association may arrange for an annual review of the sufficiency of insurance coverage by one or more qualified Persons at least one of whom must be familiar with insurable replacement costs in the metropolitan Dallas area.
The policies may contain a reasonable deductible and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the policy limits satisfy the requirements of Section 7.2. In the event of an insured loss, the deductible shall be treated as a Common Expense in the same manner as the premiums for the applicable insurance coverage. However, if the Board reasonably determines, after notice and an opportunity to be heard in accordance with Section 3.23 of the By-Laws, that the loss is the result of the negligence or willful conduct of one or more Owners, their guests, invitees, or lessees, then the Board may specifically assess the full amount of such deductible against such Owner(s) and their Lots pursuant to Section 11.6.
All insurance coverage obtained by the Board shall: 14 15 (a) be written with a company authorized to do business in
t of such deductible against such Owner(s) and their Lots pursuant to Section 11.6.
All insurance coverage obtained by the Board shall: 14 15 (a) be written with a company authorized to do business in the State of Texas which satisfies the requirements of the Federal National Mortgage Association, or such other secondary mortgage market agencies or federal agencies as the Board deems appropriate; (b) be written in the name of the Association as trustee for the benefitted parties. Policies on the Common Properties shall be for the benefit of the Association and its Members; (c) not be brought into contribution with insurance purchased by individual Owners, occupants, or their Mortgagees; (d) contain an inflation guard endorsement; and jer (e) include an agreed amount endorsement, if the policy contains a co-insurance clause.
In addition, the Board shall be required to use reasonable efforts to secure insurance policies which provide: the (a) a waiver of subrogation as to any claims against the Association's Board, officers, employees, and its manager, Owners and their tenants, servants, agents, and guests; (b) a waiver of the insurer's rights to repair reconstruct instead of paying cash; and (c) an endorsement precluding cancellation, invalidation, suspension, or non-renewal by the insurer on account of any one or more individual Owners, or on account of any curable defect or violation without prior written demand to the Association to cure the defect or violation and allowance of a reasonable time to cure; (d) an endorsement excluding individual Owners' policies from consideration under any "other insurance" clause; (e) an endorsement requiring at least 30 days' prior written notice to the Association of any cancellation, substantial modification, or non-renewal;
consideration under any "other insurance" clause; (e) an endorsement requiring at least 30 days' prior written notice to the Association of any cancellation, substantial modification, or non-renewal; (f) a cross Nability provision; and adjust losses; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related to the loss.
7.3. Damage and Destruction. Immediately after damage or destruction to all or any part of the Properties covered by insurance written in the name of the Association, the Board or its duly authorized agent shall file and adjust all insurance claims and obtain reliable and detailed estimates of the cost of repair or 15 16 as Repair or reconstruction, repairing or restoring the used in this property to reconstruction.
paragraph, means substantially the condition in which it existed prior to the damage, allowing for changes or improvements necessitated by changes in applicable building codes.
Any damage to or destruction of the Common Properties shall be repaired or reconstructed unless the Members representing at least 75% of the total class "A" votes in the Association, and the Class "B" Member, if any, decide within 60 days after the loss not to repair or reconstruct.
If either the insurance proceeds or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not available to the Association within such 60-day period, then the period shall be extended until such funds or information are available. However, such extension shall not exceed 60 additional days. No Mortgagee shall have the right to participate in the
d, then the period shall be extended until such funds or information are available. However, such extension shall not exceed 60 additional days. No Mortgagee shall have the right to participate in the determination of whether the damage or destruction to the Common Properties shall be repaired or reconstructed If determined in the manner described above that the damage or destruction to the Common Properties shall not be repaired or reconstructed and no alternative improvements are authorized, the affected property shall be cleared of all debris and ruins and thereafter shall be maintained by the Association in a neat and attractive, landscaped condition consistent with the Community-Wide Standard.
Any insurance proceeds remaining after paying the costs of repair or reconstruction, or after such settlement as is necessary and appropriate, shall be retained by and for the benefit of the Association and placed in a capital improvements account. This is a covenant for the benefit of Mortgagees and may be enforced by the Mortgagee of any affected Lot If insurance proceeds are insufficient to cover the costs of repair or reconstruction, the Board of Directors may, without a vote of the Members, Yevy Special Assessments against the Lot Owners to cover the shortfall.
Article VIII NO PARTITION Except as permitted in this Declaration, there shall be no judicial partition of the Common Properties. No Person shall seek any judicial partition unless the Properties or such portion thereof have been removed from the provisions of this Declaration.
This Article shall not prohibit the Board from acquiring and disposing of tangible personal property nor from acquiring and 16 17 disposing of real property which may or may not be subject to this Declaration.
Article IX CONDEMNATION
he Board from acquiring and disposing of tangible personal property nor from acquiring and 16 17 disposing of real property which may or may not be subject to this Declaration.
Article IX CONDEMNATION If any part of the Common Properties shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on the written direction of Members representing at least 67% of the total class "A" votes in the Association and of the Declarant, as long as the Declarant owns any property subject to this Declaration or subject to annexation under Section 10.2) by any authority having the power of condemnation or eminent domain, each Owner shall be entitled to written notice The award made for such taking shall be payable to the Association as trustee for all Owners to be disbursed as follows: If the taking involves a portion of the Common Properties on which improvements have been constructed, the Association shall restore or replace such improvements on the remaining land included in the Common Properties to the extent available, unless within 60 days after such taking the Declarant, so long as the Declarant owns any property subject to this Declaration or subject to annexation under Section 10.2, and Members representing at least 75% of the total class "A" vote of the Association shall otherwise agree. Any such construction shall be In accordance with plans approved by the Board. The provisions of Section 7.3 regarding sufficiency of funds for the repair of damage or destruction, shall apply to such costs.
If the taking does not involve any improvements on the Common Properties, or if a decision is made not to repair or restore, or if net funds remain after any such restoration or replacement is
costs.
If the taking does not involve any improvements on the Common Properties, or if a decision is made not to repair or restore, or if net funds remain after any such restoration or replacement is complete, then such award or net funds shall be disbursed to the Association purposes as the Board shall determine and used for such ཀ 10.1.
Article X ANNEXATION AND WITHDRAWAL OF PROPERTY Property Subject to Master Declaration.
Notwithstanding the annexation rights set forth in this Article X, no property shall hereafter be made subject to this Declaration unless at the time it is made subject hereto it is subject to the Master Declaration.
10.2.
December 31, 2014, Annexation Without Approval of Membership. Until Declarant may unilaterally subject to the provisions of this Declaration all or any portion of the real property lying within a one-half mile radius of the perimeter 17 18