+n E943505 ° THE STATZ OF TEXAS I [32-10-9684 COUNTY OP HARRIS I DECLARATION OF COVENANTS, CONDITIONS AWD RESTRICTIONS RS REO TIONS TUIS DECLARATION, made on the date hereinafter set Fort by JOHN F.
JOBES, of Harris County, vexas, hereinafter referred to as "“veclarunt.”
WITNESS ET H;: WHEREAS, Declarant is the owner of certain property in tne County of Harria, State of Texas, being tnat certain residential subdivision to be known as THE coLouy TOWHAOMES, and wnich property is more Particularly described in the attached Exhibit "A"; and Or WHEREAS, it is deemed to be in the best interests of Seclarant and any otner persons who may purcnase Property in THE COLONY TOWAHOMES, that taere be established and maintained a uniform Plan for tne improvement and davelopment of THE COLO IY TOWNHOMES as a nignly restricted and modern townnouse subdivision of the highest quality.
WOW, THEREFORE, Declarant hereby declares that all of the properties described in said Exnibit "A® snall be heid, sold and conveyed susject to tne following easenents, restrictions, covanants, and conditions, whica are for the Surpose of protecting the value and desirability, of, and waich gnall run with, tne real property and be binding on all parties having any right, title or interest in the described properties, or any part thereof, tneir heirs, successors and assigns, and shall inure to the benefit of each Owner thereof, .*" ARTICLE [I DEFINITIONS Section 1. “Association” shall mean and refer to THE COLONY Tow.lllomes “ASSOCIATION, INC., a Texas Non-Profit Corporation, its successors and assigns.
Section 2. “Owner" shall mean and refer to the record owner, whetuer one Or more persons or entities, of a fee Simple title to any Building Plot
xas Non-Profit Corporation, its successors and assigns.
Section 2. “Owner" shall mean and refer to the record owner, whetuer one Or more persons or entities, of a fee Simple title to any Building Plot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
(52-10-9685 Section 3. “Properties” snall mean ind refer to that certain real Property hereinbefore descrived, and such additions thereto ag may hereafter be brought within the jurisdiction of the Assoclation.
Section 4. "Common Area" shall mean all real Property owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the conveyance of the first Building Plot to an owner other than a Declarant is described in tne attached Exaibit "B", , Section §. “Building Plot" shall mean and refer to eaca of tne ine dividual tracts of land or resuodivision of sama, into whicn the Properties, excepting the Common Area, snall be divided for the location of townnouses thereon for individual use and Ownersnip. The Building Plots are to be arranged in groups, each such group for convenience of description being designated ag a "Block" and described in the attached Exnibit "C". Each Building Plot conveyed shall be designated by separate metes and bounds Sescription and shall constitute a freehold estate subject to the terms, .
conditions and provisions thereof.
Section 6. "Declarant" shall mean and refer to JOHII F. JOBES, his heirs, executors, administrators and assigns, if such heirs, executors, administrators and assigns should acquire more than one undeveloped Building -Plot from the Declarant for the purpose of development.
. ARTICLE If
administrators and assigns, if such heirs, executors, administrators and assigns should acquire more than one undeveloped Building -Plot from the Declarant for the purpose of development.
. ARTICLE If PROPERTY RIGHTS .
Section 1. Owner's Easements of Enjoyment. Every owner shall have a right! and easement of enjoyment in and to the Comwon Area which shall be ; appurtenant to and shall pass with the title to every Building Plot, subject to the following provisions: enforce reasonable Rules and Regulations for the use of the Common Area and any facilities situated thereon; (b} the right of the Association to suspend the voting rights ard right to use of the facilities owned OF operated by the Association by the, Owner for any period during which any assesament against his Building Plot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published Rules and Regulations; {c) the right of the Association to grant Or dedicate any part of the Common Area to any public agency, authority, Or utiilty for any service to the Properties or any part thereof; .
(a) the right of the Association to limit the number of guests of Owners using any portion of the Common Area and any facilities located thereon; {e) the right of the Association, in accordance with its Articles of Incorporation or By~Laws, to borrow Money for the purpose of improving the Common Area and facilities and in aid thereof to mortgage said property. The rights ef any such mortgagee in said Properties shall be subordinate to the rignts of the Owners hereunder: and | (£) the right of the Association to contract for exclusive services such as water, electricity, sanitary sewage and
said Properties shall be subordinate to the rignts of the Owners hereunder: and | (£) the right of the Association to contract for exclusive services such as water, electricity, sanitary sewage and trash collection to each Building Plot.
(g) the right of the Association to charge reasonable ' fees for the use of any recreational facilities situated on the Common Area. too~ pe . fh) the right of each owner to the exclusive use and enjoyment of the patio pertaining to and adjoining his townhoure building plot.
Section 2. Delegations of Use. Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.
' Section 3, Parking Rights. In the event a dwelling {is on a Suilding Plot which is not designed for on-site parking of an automobile and parking te pee CYERTIIRE Ree as ernest Rey Weievan ae [32-10-0687 is provided in the Common Arca, then ownership of each Duilding Plo: shall entitle the owner or owners thercof to the use of not nore taan two (2) Carports wnich shall be ag near and convenient to said, 3uilding Plot as reasonably possible, together with the right of ingress and egress in and upon said carports. The Association shall permanently assign at least one (1) carport for each Building Plot.
Tne use of all other parking areas situated in the Common ares shall be subject to the exclusive control and management of the Board of Oirectors of the Association.
. ARTICLE IIT HENBSERSHIP AND VOTING RIGUTS Section 1, Members. Declarant and every owner of a Building Plot wnich is subject to assessment shall be a member of the Association.
Membership shall be appurtenant to end may not be separated from ownership
1, Members. Declarant and every owner of a Building Plot wnich is subject to assessment shall be a member of the Association.
Membership shall be appurtenant to end may not be separated from ownership of any Building Plot which is subject to assessment. ot Section 2. Voting Rights. The Association shall have two (2) classes of voting membership.
Class A. Class A members shall be all Owners with the exception of the Declarant and shall be entitled: to one (1) olds an’ “interest in any Building Plot, all such persons snall 7 ibe} manbers. Tne vote for such Building Plot shall be exercised “as t they: ‘among themselves t_Jaterpine, but in no event shall more og than one vote be cast with respect to any Building Plot.
| Class B. The Class B member(s) shall be the Declarant and shall be entitled to nine (9) votes for each Building Plot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever cecurs earlier: .
{2) when the.total votes outstanding in the Class A members equals or exceeds the [32-10-0688 total votes outstanding in the Class 3 Members, or (5) on the tenth anniversary date of this Declaration, ARTICLE IV COVENANTS FOR MAINTENANCE ASSESSMENTS ee IME ES Section 1. Creation of the Lien and Personal Obligation of Assess~ menta. The Declarant, for each Build GeTMSS Witiin tue Properclies, hereby covenants, and each Owner of any Building Plot by acceptance of a dead therefor, whether or not it shall be so expressed in sucn deed, is deemed to covenant and agree to Pay to the Association: ._ (1) annual assessments or charges, and (2) special assessments for capital improvements,
r or not it shall be so expressed in sucn deed, is deemed to covenant and agree to Pay to the Association: ._ (1) annual assessments or charges, and (2) special assessments for capital improvements, such assenosments to be estaplisned and collected as hereinafter provided.
The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be secured by a contir iing Vendor's Lien upon the property against wnhien each such assessment is mada. Each such assesament, together witn interest, costs and reasonable attorney's fees, shall also be the personal oblisation of the person who was the Owner of such property at the time wnen the assessment fell due. The personal obligation for delinquent assessment shall. not pass to his successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusivély to promote the recreation, health, safety and welfare of the residents in the Properties; the improvement, operation, administration, management, preservation and maintenance of the Common Area and any part thereof; the payment of all expenses and obligations lawfully incurred by the Association {n connection with the Common Area or services for all Building Plots, It being understood that tae judgment of tne Board of Directors of the Association in establisning annual assessments, special assessments and other charges and in the expenditure of said funds shall be final and conclusive so long as said judgment is exercised in good faith.
Dit flat aati EN SR Se ASM By fh Ae Hi 152-10-3689 Section 3. Maximun Annual Agsessment. Until January 1 of the year immediately following the conveyance of tne first Building Plot to an
n good faith.
Dit flat aati EN SR Se ASM By fh Ae Hi 152-10-3689 Section 3. Maximun Annual Agsessment. Until January 1 of the year immediately following the conveyance of tne first Building Plot to an Owner, the maximum annual assessment shall be THREE HUNDRED EIGHTY-FOUR AND NO/100 ($384.00) for each Building Plot, which shall be due and payable as provided hereinafter.
(a) Prom and after January lof the year immediately folluwing the conveyance of the first Building Plot to an Cenar, the maximuu annual aysesument may be increased eacn year not more than 10% (such percentage increase may be cumulative from year to year) above the maximum assessment for the previous year without a vote of the membership.
(>) From and after January 1 of the year immediately following the conveyance of the first Building Plot to an Owner, the maximum annual assessment may be increased above 10% by the vote. of written assent of at least 51% of each class of members.
. Rent at an amount not in excess of the maximun. .
; Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any euch assesament shall have the vote or written assent of a majority of each class of members.
Section 5. Notice and Quorum Por Any Action Authorized Under Sections 3 and 4. Any action authorized under Sections 3 or 4 shall be taken
te or written assent of a majority of each class of members.
Section 5. Notice and Quorum Por Any Action Authorized Under Sections 3 and 4. Any action authorized under Sections 3 or 4 shall be taken at a mecting called for that purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. If the proposed action is favored by a majority of the votes cast at such meeting, but such vote is less than the requisite majority of - ~ — lae-10-06% each class of members, members who were not present in person or by proxy may give their assent in writing, provided tno same is obtained by the appropriate officers of the Association not later than 30 days from the date of such meeting. .
Section 6. uniform Rate of Assessment. Both annual and special assessments shall be fixed at a uniform rate for all Building Plots as follows: (a) Building Plots owned by JOHN F. JOBES ee ee ew ele ee ew ete te oe ew MONG (b) Building Plots witn a completed residence sold Section 7. Date of Commencement of Annual Assessments: Due Dates.
The annual assessinnents provided for herein shall commence as to all Building Plots on the date (which shall be the first day of a month) fixed by ; the: Board of Oirectors of the Association to be the date of commencement.
The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Building Plot at least thirty. (30) days in advance of each annual assessment period. written notice of the annual assessment shall be sent to every Owner subject ” “ry, there te .
ssment against each Building Plot at least thirty. (30) days in advance of each annual assessment period. written notice of the annual assessment shall be sent to every Owner subject ” “ry, there te .
The due Gates shall be established by the Board of Directors, the ‘Association shall, upon demand, and for a reasonable charge, furnish a “cergiticate signed by an officer ofthe Association setting forth whether the “assessments on a specified Building Plot have been paid.
. Beetion 8.
Effect of tion-Payment of Assessments: Remedies of tha Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from tne due date at the rate of 10 per cent per annua, ‘The Association may bring an action at law against tne Owner pergonally obligated to pay tne same, or foreclose the licen against the Building Plot. Interest, costs and reasonable attorney's fees incurred in any such action shall be added to the amount of sucn assessment or charge.
152-10-069) zach such Owner, by his acceptance of a deed to a Building Plot, hereby expressly vests in the Association, or its agents, the right and power to bring all actions against such Owner personally for the collection of sucn charges as a debt and to enforce the aforesaid lien by all methods available for the enforcement of such liens, including non-judicial foreclosure pursuant to Article 3810 of the Texas Revised Civil Statutes and suci Owner hereby expressly grants to the Association a power of sate in connection with said lien. The lien provided for in this section shall be in favor of the Association and snall be for the penefit of all Building Plot owners.
No Owner may waive or otherwise escape liability for the assessments pro-
en provided for in this section shall be in favor of the Association and snall be for the penefit of all Building Plot owners.
No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Building Plot: Section 9. Subordination of the Lien to HNortgages. The Vendor's Lien securing payment of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages granted or created by the Owner of any Building Plot to secure the payment of montes advanced and used for the purpose of purchasing and/or improving such Building Plot. Sale or trans=fer. of any Building Plot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assedsmants 4s to pay= ments: which became due prior to such sale or transfer. No sale or transfer shall relieve such Building Plot from liability for any assessments there, after becoming due or from the lien thereof.
_ Section 10. Exempt Property-,-All properties dedicated to, and accepted by, a@ local public authority and all properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State.of Texas shall be exempt from the assessments created herein. However, no land or improvements devoted to dwelling use shall be exempt from said assessments.
Section li. Insurance.
(a) Tae Board of Directors of the Association sh21) obtain and continua in effect olanket property insurance to insure the buildings and structures in the Common Areas and owe ote te [52-10-0692 ' the Association against risks of loss or damage by fire and Otner nazards as are covered under standard extended coverage provisions, and said insurance may include coverage against vandalism.
-0692 ' the Association against risks of loss or damage by fire and Otner nazards as are covered under standard extended coverage provisions, and said insurance may include coverage against vandalism.
(b} The Board of Directors of the Association shall oxtain comprehensive public liability insurance in such limits #6 i¢ shell doom desiiavic, insuring the Assoclation, its Board of Directors, agents and employeos, and each Owner, from and against liability in connection with the Common Areas.
and cost for obtaining his own personal insurance of the contents of his own residence, garage, carport or parking space, including decorations, furnishings and personal property there~ in, and his personal property stored elsewhere on the Properties; and for nis personal liability not covered by idability insurance for all Owners obtained as a part of the common expense.
(3) The Board of Directors of the Association, or its duly authorized agent, shall obtain insurance for such Owner’ 8 town“house. against loss or damage by fire or other hazards in an <anowht sufficient to cover the full replacement cost of any repair or reconstruction work in the event of damage or destruc‘thon from any hazard, All such insurance coverage shall be ‘written in the name of the-Asgociation as Trustee for the town= : ‘house owner. Premiums for insurance obtained by the Board of ‘Directors on individual townhouses shall not be part of the “* . Jeommon expense but shall be an expense of the specific townhouse . "Or townhouses sO covered and a debt owed by the Owner and shall be collectible by any lawful procedure permitted by the laws of - the State of Texas. In addition, if sald debt is not paid with-
use . "Or townhouses sO covered and a debt owed by the Owner and shall be collectible by any lawful procedure permitted by the laws of - the State of Texas. In addition, if sald debt is not paid within thirty (30) days after notice of such debt, such amount shall automatically become a lien upon such Owner's building plot and Pad de oe Cle roe Coal I52=10-0693 townhouse and enall continuc to be a lien until fully paid.
This lien shall be subordinate to the lien of any purchase money and/or improvement mortgages and shall be enforceable in the same manner as any llen created by failure to pay the maintenance assesaments. In the event of damage or destruction by fire or other casualty to any property covered by~ insurance written in the name of the Association, the Board of virectors, snall, with concurrence of the mortgagee, if any, upon receipt of the insurance proceeds, contract to rebuild or repair such damaged or destroyed portions of the property to as good condition as formerly. all such insurance proceeds shall be deposited in a bank or other financlal institution, -the accounts of which bank or institution are insured by a Federal governmental agency, with the proviso agreed to by , said bank or institution that such funds may De withdrawn only by signature of at least one-third (1/3) of the members of the Board of virectors, or by an agent duly authorized by the Board of Oirectors. The Board of Directors, shall advertise for sealed bids with any licensed contractors, and then may negotiate with any contractor, who shall be required to provide a full per‘formance: and payment bond for the repair, reconstruction or re~ ‘building of such destroyed building or buildings. In the event the’ insurance proceeds dre~insufficient to pay all the costs tee
per‘formance: and payment bond for the repair, reconstruction or re~ ‘building of such destroyed building or buildings. In the event the’ insurance proceeds dre~insufficient to pay all the costs tee of ‘repairing and/or rebuilding to the same condition as formerly, A he Board of Directors shall levy a special assessment against Sal owners of the damaged townhouses in such proportions as the se Board of Directors deems fair and equitable in the light of the | Fdamage sustained by such townhouses to make up any deficiency, lexcept that the special assessment shall be levied against all ‘townhouse owners, as established by Article IV, Section 1 above, ‘to maxe up any deficiency for repair or rebuilding of the Common - 10 12-10-0694 e Area not a physical part of a townhouse unit. In the event taat such insurance proceeds exceed the cost of repair and reconstruction, such excess shall be paid over to tne respective mortgagees and owners of the damaged townhouses in such propor= tions as the Board of Directors deems fair and equitable in the light of the damage sustained by such townhouses.
. (a) Nothing contained in sub-section (d} above shall pre“Clue an Owner irom obtaining iis own personal insurance on his own townhouse, provided that such Owner is able to supply proof of adequate coverage to the Board of Directors’ complete satisfaction. In the event of damage or deatruction by fire or other casualty to any townhouse or other property covered by insurance written in the name of an individual owner, said Owner, snall, with concurrence of the mortgagee, if any, upon receiot of the insurance proceeds, contract to repair or rebuild auch damaged or destroyed portions of such townhouse or other Property in & good workmanlike manner in conformance with the original
on receiot of the insurance proceeds, contract to repair or rebuild auch damaged or destroyed portions of such townhouse or other Property in & good workmanlike manner in conformance with the original . Plans and specifications of said townhouse. TZ for any reason :Nhatacever, such owner should refuse or tail to so repair and . " ebuild any and all the damage to such townhouse or other property © within thirty (30) days regardless of whether or not the -dgsurance proceeds are sufficient to pay all costs of repair ana’ restoration, the Association, by and through its Board of : Directors, is hereby irrevocably authorized by such Owner to - lgepair and rebuild any such townhouse or other property in a good and workmanlike manner in conformance with their original : plans and Specifications. ‘the Owner shall then promptly repay ” the Association the amount actually expended for such repairs plus interest therein at the rate of 108 per annum, and tae -“Aasociation shall have a lien securing the payment of sane identical to that provided above in this Section securing the payment of insurance premiums and subject to foreclosure as above provided.
~ il 132-1 0-0695 cation of the insurance proceed3 to the cost of repair and restoration, such proceeds shall first be applied to the sums gecured by the first mortqage, with the excess, if any, applied to the cost of repair and restoration of such townhouse and other property.
(g) ‘all costs, charger and premiums for all insurance that the board of Directors authorized as provided herein, except on the individual townhouses, shall be a common expense of all-Owners and be a part of tne maintenance assessment.
for all insurance that the board of Directors authorized as provided herein, except on the individual townhouses, shall be a common expense of all-Owners and be a part of tne maintenance assessment.
Section 12. Taxes. Each Owner shall directly render for taxation his own Building Plot and improvements and property thereon, and shall at his own cost and expense directly pay all taxes, levied or assessed against or upon his Building Plot and improvements and property thereon. The Association ghall render for taxation and as part of the common expenses of all Owners shall pay all taxes levied or assessed against or upon the Common Area and the improvements and property appertaining thereto.
Section 13. Utility Bills. Each Owner shall pay directly to the utility company for tha cost of electricity; water, sewage disposal, gas and any other utilities consumed by him, wnich are separately metered and illed to him by the respective utility companies.
ARTICLE V ARCHITECTURAL CONTROL “97 po .
Wo building, fence, wall or other structure snall be commenced, ” erected !. oF maintained upon the Properties, nor shall any exterior addition to or change ‘or alteration therein be made until the plans and specifications showing the nature, kind, shape, heigh 383, materials, color and location of the same shall have been subaitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topograpny by the Board of Directors of the Association, or by an architectural coamittee composed of three (3) a more representatives appointed by the Board. In the event said Board, or its designated committee, fails 192-10-0656 to approve or disapprove such design and location within thirty (39) days
ree (3) a more representatives appointed by the Board. In the event said Board, or its designated committee, fails 192-10-0656 to approve or disapprove such design and location within thirty (39) days after said plans and specifications Nave been submitted to it, approval will not be required and this Article will be deemed to have ocen fully complied with.
ARTICLE VI MAINTENANCE AND REPAIRS Section 1. Definition. In addition to maintenance upon tne Comnon Area, tie Association shall provide exterior maintenance upon eacn Building Plot which is subject to assessment hereunder as f2llows: paint, repair, replace (but not in the event of fire, or other casualty loss normally covered by insurance on the premises) and care for roofs, gutters and downspouts, (1f any), exterior building surfaces, fences, trees, shrubs, grass, walks, water distribution system owned by the Association, and other.
exterior improvements. (Such exterior maintenance shall not include: glass surfaces, enclosed patio areas (if any), windows and doors and their fixtures of hardware, landscaping installed by Owner (if any), exterior light fixtures operated from a residence, air conditioning equipment, utility Company meters, circuit breakers and switch panels, sewer, gas and electric i Power” service lines.
Section 2. Owner's Maintenance. The Owner shall maintain and keep in repair the following equipment and lines located outside the residence: ade’ conditioning compressor condenser, including pipes and electrical lines “dee Wt ara dence’ to. the ‘Sanitary sewer collection systeu, eluctric power service bey Wet zy conductors from the exterior of the building to tha point of connecting to aos el
wer line connecting the resi«ara dence’ to. the ‘Sanitary sewer collection systeu, eluctric power service bey Wet zy conductors from the exterior of the building to tha point of connecting to aos el the ‘electric utility company's junction box or transformer, electric circat breakers, any portion of natural gas, and/or telephone service lines located on the Building Plot but not maintained by the gas and/or telephone companies; provided, however, that any lines, pipes, wires, conduits or - Systems running through a residence which serve one or more otner resiSences and which are not maintained by any utility company, sns3ll be “lj ge operated, repaired and maintained by the Association, and shall not be disturbed or relocated oy an Owner without the written consent ans approval of Declarant or the Association.
An Owner shall do no act nor any work that will impair tne structural soundness or integrity of another residence or impair any easement or hereditament, nor do any act nor allow any condition to exist which will adversely affect tne other residences or their Owners.
a Section 3. Neglect of Gwner. In the event that the need for maintenance or repair is caused through the willful or negligent act of the owner, his family, or guests, invitees, employees or agents, the cost of such waintenance or repairs shall be added to and become a part of the assessment to which such Building Plot is subject.
Section 4. Authority of Association. In the event an Owner is responsible for certain exterior maintenance as set forth in the Rules and Regulations of the Association and such Owner shall fail to waintain the ‘premises and the improvements situated thereon in a manner satisfactory to
exterior maintenance as set forth in the Rules and Regulations of the Association and such Owner shall fail to waintain the ‘premises and the improvements situated thereon in a manner satisfactory to the Board of Directors, the Association, after approval by two-thirds (2/3) vote of the Board of Directors, shall have the right, through its agents aoa. and. employees, to enter upon said Building Plot and to repair, maintain and an restore the Building Plot and any improvements erected thereon. Toa cost v ofiauch exterior maintenance shall be added to and become part of the somint to which such Building Plot is subject.
a _ ARTICLE VII ” PARTY VALLS Ganeral Rules of Law to Apply. Cach wall which is ouilt * party owald, and, to the extent not inconsistent with the provisions of this : “Article, tha general rules of law regarding party walls and liability for property damage due to negligence er willful acts or omissions shall apply thereto. If a wall which is intended as a party wall is situated entirely or partly on one townhouse building plot instead of on the dividing Line - 14 132-1 0-9698 between townnouse building plots, due to error in construction, sucn wall Shall nevertheless be deemed to be on the dividing line and shall constituta a party wall for the purposes of this Article. Reciprocal easements shall exist upon and in favor of the adjoining townnouse building plots for the maintenance, repair and reconstruction of party walls.
Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of tne wall in proportion to such use.
Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the
ners who make use of tne wall in proportion to such use.
Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, tney shall contribute to the cost of restoration thereof in proportion to. sucn use without prejudice, however, to the right of any such Owners to call for a larger contribution from the otners under any rule of law regarding ifability for negligent or willful acts or omissions.
, Section 4. Weatherproofiny. wWotwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnisning the necessary protection against the elements.
Section S. Right to Contribution Runs with Land. The right of any owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title, Section 6. Arbitration-..In phe.event of any dispute arising concerning a party wall, or under the provisions of this Article, each party snall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators.
Should any party refuse to choose an arbitrator within ten (19) days after written request therefor, the Board of Directors of the Association shall select an arbitrator for the refusing party.
| ARTICLE VIII RE-SUBDIVIDINGS OF SUILDING PLOTS Any Building Plot or part hereof may be re-subdivided or consolidated with any adjoining Building Plot or Building Plots or part or parts thereof Sd we “15210-0689
II RE-SUBDIVIDINGS OF SUILDING PLOTS Any Building Plot or part hereof may be re-subdivided or consolidated with any adjoining Building Plot or Building Plots or part or parts thereof Sd we “15210-0689 to constitute a single Building Plot on which a residence may ba construc| ted, provided that the same shall be approved by tne Architecturai Control Committee.
ARTICLE IX USE RESTRICTIONS The Building Plots and the Common Area shall be occupied and used as “ny follows: a Section 1. Residential Usa. Ho Owner shall occupy or use his build~ ing Plot or building thereon, or permit the same or any part thereof to be .. occupied or used for any purpose other than as 4 private single family ‘residence for the Owner, his family, guasts and tenants of not less than 1,100 squaxe feat of floor area, measured through the exterior walls of the building. Wo Building Plot shall be used or occupied for any business, commercial, trade or professional purposes either apart from or in connec@ tion witn the usa thereof as a residence, ; . " Section 2. Opstruetion of Common Area, There shall be no obstruction Nothing shall ba stored in the Common Area without the us of ithe Common Area.
; Doard of Directors.
Baction 3. Insurance. Rothing snall be dene or kept in the Common rate of insurance on tne Common Area, without the Board of Directors. iio Owner shall permit dinaurance on any part of the Common Area, or which would be any law. No waste will be committed in the Common Area.
7 Nuisances. Wo noxious or offensive activity shall be any Building Plot, or the Common Area, nor shall anything be: do ‘which may be or may become an annoyance or nuisance to the ”"" other Owners. Uo repair work, dismantling or assembling of motor vehicles
y Building Plot, or the Common Area, nor shall anything be: do ‘which may be or may become an annoyance or nuisance to the ”"" other Owners. Uo repair work, dismantling or assembling of motor vehicles ro or any other machinery or equipment shall be permitted in any street, ee “ariveway or yard adjacent to a street, oF in the Common Area. No vehicle "shall be parked on streets or driveways so as to oostruct ingress and egress by the Owners of Building Plots, their families, guests and invitees rs Ow ere ae ee om Oe x A lt OP af ef .
44 !
' Son DEC DNs Weat gases ae fare citee [5210-9709 except for the reasonable necds of emergency, construction, or service vehicles for a time limited to as briefly as possible. For a period not to exceed Forty-Eight (48) hours, family, guests and ‘invitees of Owners of Building Pliota may park their vehicles in the guest parking areas. Guest parking arcas are not intended for use by the Owners of Building Plots for parking or storing boats, trailers, camping units, or any personal vehicles and the Architectural Control Comuittee may insure the proper use of said areas in such legal manner as it deems necessary.
Section 5. Temporary Structures. No structures of a temporary character, trailer, basement, tent, snack, barn, servants quarters or other out buildings shall be used on any Building Plot at any time as a residence either temporarily or permanently: nor shall any used residence or other used structure be moved onto any Building Plot. During the construction and sales period of the initial dwelling units the builder may erect and maintain such structures as is customary in connection with such construction and sale of such property, including, but without limitation, a business
nitial dwelling units the builder may erect and maintain such structures as is customary in connection with such construction and sale of such property, including, but without limitation, a business office, storage areas, construction yards, signs, model units and sales . offices.
Section 6. Signs. Wo sign of any kind shall be displayed to public view on any Building Plot or Building except one sign of not more than five (5) square feet in area advertising the merits of the property for sala or rent. During the construction and initial sales period of the dwelling units the builder ‘may use other signs .and displays to advertise the merits of the property for sale or rent.
“Section 7. Of] and itining Operations. lo gas or ofl drilling, gas or oll development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Building Plot nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Building Plot.
Section 8. Livestock and Poultry. ilo animals, livestock, or poultry of any kind snall be raised, bred .or kept on any Building Plow, except tnat - 17 —— 1532-10-70) dogs, cats or other nousenoid pets, not to exceed a total of two (2) pets, may be kept provided that they shall not becore a nufsance and are not kept, bred, or maintained for any commercial purposes.
Section 9. Garbage and Refuse Disposal. No Building Plot shall be used or maintained as dumping ground for rubbish. Trash, garbage or otner waste shall be kept screened by adequate planting or fencing so as to conceal them from public view. There is reserved in favor of the Association the determination of the method of garbage disposal, that is, whetner it shall be through public authority or through private garbage disposal
lic view. There is reserved in favor of the Association the determination of the method of garbage disposal, that is, whetner it shall be through public authority or through private garbage disposal contractor(s). All equipment for the storage or disposal of such materials shall be kept in clean and sanitary condition.
Section 10.. Sewage and Water. No sewage treatment system nor water well shall be permitted on any Buiiding Plot.
Section ll. Use of Common Area. Except in enclosed areas on a Building Plot, no planting or gardening shall be done, and no fences, hedges or walls shall be erected or maintained upon the Properties except suca as are installed in accordance with tne initial construction of the buildings lecated thereon or as approved by the Association's Board of Directors or their designated architectural comnittee. Except for the rignt of ingress and egress and the right and easement of enjoyment as defined herein, tne Owners are hereby prohibited and restricted from using any of the Proper=ties outside the interfor property lines of each Building Plot, except as may be allowed by the Association's Baard of Directors. It is expressly acknowledged and agreed by all parties concerned that this paragraph is for the mutual benefit of all Owners of the Properties, and any additions thereto, and is necessary for tne protection of said Owners. Any cooper@ ative action necessary or appropriate to the proper maintenance and upkcep of the Common Area and the exteriors and roofs of the residences, including but not limited to, parking areas and walks, shall be taken by the Board of Directors or by its duiy delegated representatives.
Section 12. Outside Antennas. Without prior written arproval of the
ding but not limited to, parking areas and walks, shall be taken by the Board of Directors or by its duiy delegated representatives.
Section 12. Outside Antennas. Without prior written arproval of the Board of Directors, no exterior television or radio antennas of any sort 1S2-10-0702 allowed or maintained upon any portion of tne improvements to be located upon the Propertics, mor upon any structure situated upon tne Properties other tnan an aerial for a master antenna system, should any 3ucn master system or systems ve utilized and require any such exterior antenna.
Section 13. Non-Discrimination. No action shall at any time be taken by the Association or its Board of Directors which in any manner would “discriminate against any Owner or Owners in favor of the other Owners.
i “Saction n_i4. Annoyance. No activity shall be carried on upon any Building Plot or the Common Area which might reasonably be considered as giving annoyance to neighbors of ordinary, sensibliities and which mignt be calculated to reduce the desirability of the Froperties as a residential noighborhood, even though such activity be in the nature of a habby and not carried on for profit. The Board of directors of the Association shall have the sole and exclusive discretion to determine what constitutes an annoyance.
, ARTICLE X EASEMENTS ,, Sestion 1. Construction. Each Building Plot and the Property included dn tne Common Area shall pe subject to an easement for encroachments “created by construction, settling and overhangs, as designed or constructed j bythe Declarant. A valid easement for said encroachments and for the ‘maintenance of samc, sO long as it stands, shall and does exist. In tne
A valid easement for said encroachments and for the ‘maintenance of samc, sO long as it stands, shall and does exist. In tne Seatatly destroyed, and then rebuilt, the Owners so affected agree that minor! encroachzonts of parts of the adjacent residential units on Common Ageas ‘due to construction shall be permitted and that a valid easement for Par an said encroachment and the maintenance thereof shall exist.
Section 2. Utility, Emergency and Association. There is hereby ‘ereated a blanket and perpetual easement upon, across, over, under and above all of the Propertiew for ingress, egress, installations, replacing, repairing and maintaining all utilities, including out not iimited to y 152=(0-3703 water, fewers, gas, telephones and electricity, and a master television antenna system, {if any sucii system is installed, By virtue of this easement, it shall be expresaly permissible for the providing electrical and/or telephone company to erect and maintain the necessary poles and otner | necessary equipment on said property and to affix and maintain electrical and/or telephone wires, circuita and conduits on, above, across and uncer . the roofs and exterior walls of said residences. An easement is further granted to all police, fire protection, ambulance, garbage and trash collector pick-up vehicles and all similar persons to enter upon the Common Area in the performance of their duties. Further, an easement is nereby granted to the Ausociation, its officers, agents, employees, and to any management company selected by the Association to enter in or to cross over the Common Area and any Building Plot to perform the duties of maintenance
tion, its officers, agents, employees, and to any management company selected by the Association to enter in or to cross over the Common Area and any Building Plot to perform the duties of maintenance and repair of the residence or Common Area provided for herein. Wotwithstanding anything to the contrary contained in the paragraph, no sewers, electrical lines, water lines, or other utilities may be installed or , relocated on the Properties except as initially programmed and approved by the- ‘Declarant or thereafter approved by Declarant or the Association's ate : Board of Directors, Should any utility furnishing a service covered by the : wg e al easement herein provided request a specific easement by separate : ‘geGordable. ‘document, Declarant or the Association shall have the right ‘to Songs Qe ne such, easement without conflicting with the terms hereof. the ease“ee po we * Bection 3, Use of Easements, Casements for underground utility services may be crossed by driveways and walkways provided the Declarant makes prior arrangements with the utility furnishing service. Such easa. meats for ‘underground services snall be kept clear of all other improvements, including building, patios, or other pavings, other than crossing walkways or driveways, and neither Declarant nor any utility Company using the easquents shall be liable for any damage done by either or them or their - 20 152=10-0704 assigns, their agents, employees, Or servants, to shrubbery, trees, flowers, Or other improvements of the Owner located on the land covered by said @asemonts, Section 4, Changes and Additions to Basements. The Declarant reserves the right to make minor changes and additions to the above easements, as to any Building Plots owned by it, for the purpose of efficiently and econo-
and Additions to Basements. The Declarant reserves the right to make minor changes and additions to the above easements, as to any Building Plots owned by it, for the purpose of efficiently and economically installing and Operating above mentioned utilities, ARTICLE XI MORTGAGEES Section 1. UWotice to Association. An Owner who mortgages his Townhouse shall notlfy the Association giving the name and address of his mortgagee. The Association shall maintain such information in a book entitled "HMortgagees of Townhouses’.
Section 2. Notice of Default. The Association shall notify a first mortgagee in writing, upon request of such mortyagee, of any default by the mortgagor in the performance of such mortgagor's obligations as set forth in the Declaration which is not cured within tairty (30) days.
oo 's tion 3. Taxes and Other Charges on Common Area. The Association —— on common Area " shall. immediately reimburse first mortgagees who may, jointly or singly, , pay taxes ‘or other charges which are in default and which may or have become | a charge against the Common Area; or who may pay overdue premiums on hazard insurance Policies; or who may secure new hazard insurance coverage - On the apse of a policy.
* Section 4, - Examination of Books. The Association shall permit first.
“sortdugie es to examine the books and records of the Association during normal ‘business hours, Section 53+ Reserve Fund. Tne Association shall establish an adequate reserve fund for replacement of the common Area property and fund the same by regular monthly payments rather than by special assessments.
Section 6. Annual Audits. The Association shall furnish each first wortgagee an annual audited financial statement of the Association witnin
egular monthly payments rather than by special assessments.
Section 6. Annual Audits. The Association shall furnish each first wortgagee an annual audited financial statement of the Association witnin ninety (90) days following the eng of each fiscal year of the Association.
*.
Be 7] ze 7 it ‘ne IS2-10-9705 Section 7. dotice of seetings. The Association shall furnish eacn: first mortgagee upon request cf sucn mortgagee, prior written notice of all meetings of the Association and permit the designation of a representative of such mortgagee to attend such meetings, one such request to be deemed to be a request for prior written notice of all subsequent mectings of the Association.
Section 8. iwotice of Amendinents to Declaration, ete. The Association shall furnish each first mortgagee prior written notiea for the following: (1) abandonment or terinination of TIE COLONY TOWNHOMES, as a planned unit development; (Li) any material amendment to the Declaration, Dy-Laws or.
Articles of Incorporation of tha Association: and (iii) the termination of any professional management contract for the planned unit development, Section 9.. Leases. The Association shall require that all leases of any townhouse units must: (i) be in weiting, and (ii) provide that such leasesz are specifically subject in all respects to the provisions of tne Declaration, Articles of Incorporation and By-laws of the Association, and that any failure by the lessee to comply with the terms and conditions of such documents shall be a default under such leases, Other than the foregoing, there shall be no restriction on tne right of any townhouse owner to lease his unit, Section 10. Notice of Damage or Destruction, Tne Association shall furnish the first mMortgagees timely written notice of any substantial
riction on tne right of any townhouse owner to lease his unit, Section 10. Notice of Damage or Destruction, Tne Association shall furnish the first mMortgagees timely written notice of any substantial damage or destruction of townhqu3se units and of any part of the Common Area and facilities.
Section 11. Wotice of Condemnation or Eminent Somain. Tne Association shall furnish the first sortgagees timely written notice of any condemnation, or eminent domain proceeding regarding all or any portion of a townhouse unit or of the Common Areas and facilities and of any proposed acquisition of all og any part of such properties through condemnation or eminent domain proceedings.
Section 12. Consent of Hortgagees Reguired, (A) Unless all of the first sortgagees of residential lots in THE COLOWY TOWMBOMES have given their crior written approval, the Associa152-10-0708 tion shall not be entitled to: (a) by act or omission seek to abandon, Partition, subeuivide, alienate, release, encumber, hypothecate, sell or transfer, real estate or improvements thereon which are owned, directly or indirectly, by such Association, for the benefit of the owners of residential lots in the subdivision: the granting of easements for public utilities or for other public Purposes consistent with the intended use of such Property by the subdivision snall not be deemed a transfer within the meaning of this clause; (5) change the ratio of assesament or the method of deter; mining the obligations, assessments, dues or other charges which may be levied against a tesidential lot owner.
(B) Unless at least seventy-five (75%) per cent of the first mortgagees (based upon one vote for each first mortgage owned), or owners (otner
ges which may be levied against a tesidential lot owner.
(B) Unless at least seventy-five (75%) per cent of the first mortgagees (based upon one vote for each first mortgage owned), or owners (otner than the Declarant) of residential lots in THE coLouy TONAHOMES have given their prior written approval, the Association shall not be entitled to; (a) by act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the archi“tectural design or the exterior appearance of units, the exterior maintenance of units, the maintenance of Party walis or common _ fences and driveways, or the upkeep of lawns and Plantings in - the subdivision; c+ purable Common Area property on 4 current replacement cost basis “in an amount not lass than one hundred (100%) per cent of tne insurable value (based on current replacement cost); (c) use hazard insurance Proceeds for losses te any Common Area property for other tnan the repair, replacement or reconstruction of such improvements.
Section 13. Management Agreements. Any management agreement entered into by the Association will be terminable by the Association for cause Upeco not more cuan thirty (30) days! written notice, and the term of such [32-10-0707 management agreement will not exceed the period of one {l) year, renewable by agreement of the parties to sucii agreement for successive one (1) year periods. : Section 14, Delegations of Owner's Use of Common Area. Regarding an Owner's delegation of ‘is rights.of enjoyment to the Common Areas and facilities a3 provided for in article II, Section 2 of this veclaration, no sucn delegation gnall work a severance of the riguta of enjoyment of the
of ‘is rights.of enjoyment to the Common Areas and facilities a3 provided for in article II, Section 2 of this veclaration, no sucn delegation gnall work a severance of the riguta of enjoyment of the Common Areas and facilities from tne Ownership of a Building Plot, and any gucn delegation by any owner shall automatically terminate upon conveyance of legal title to suca Building Plot by said owner.
Section 15. Exemption From Rignt of First Refusal. When any first mortgagee comes into possession of a Townhouse Pursuant to the remedias provided in the mortgage, such as foreclosure of the mortgage or dead of trust, or deed in lieu of foreclosure, such wortgagee anall be exeupt from any “rignt of first refusal" or other restriction on the sale or rental of the mortgaged fownhouse which tae Association might have, including, but not limited to, restrictions on tne age of unit occupants and restrictions on the posting of signs pertaining to the sale or rental of Townhouse.
ARTICLE XII GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the Fight. to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants ,~reservations, liens and charges now or hereafter. tmposed by. the provisions of this Declaration. Pailure by the Association or by any Owner to enforce any covenant or restriction nerein contained. shall in no event be deemed a waiver of tne right to do so thereafter.
Section 2, Severability, Invalidation of any one of these covenants 2 “S > va 7 or restrictions by judgment Or court order shall in no wise affect any oo t.
otner provisions which snall remain in full force and effect.
= Section 3. Duration. The rignts, use easements and privileges of the ak ite
by judgment Or court order shall in no wise affect any oo t.
otner provisions which snall remain in full force and effect.
= Section 3. Duration. The rignts, use easements and privileges of the ak ite Qwners in and to the Common Area as provided for herein anall be deemed to SU BEL Aste a - 24 12-10-9708 be covenants running with the’ lang and shall be of perpetual duration. All other provisions, restrictions, covenants and conditions of tnigs Veclara~ tion shall run witn and bind the land, for a term of thirty (32) years from tre date this Declaration is recorded, after waicn tine they shall be automatically extended for successive periods of ten (10) yearg. This Declaration may Se amended during the first thirty (30) year period by an inatrunent signed by not less tnan ninety (90%) Per cent of tie Building Plot Owners, and thereafter by an instrument Signed by not les3 tnan seventyfive (75%) per cent of the Building Plot owners. Any awendaeat must be recorded in the Deed Records of darris County, Texas, Section 4. Amendinents by Declarant. The Declarant reserves and shall have tne right at any time and from time to time, without the joinder or consent of any owner or any Otner person, to amend this Declaration by an instrwuent in writing duly signed, acknowledged and filed for record, for the purpose of correcting any typographical error, ambiguity or inconsistency appearing in this Declaration, provided that any such amendment snall be consistent with and in furtherance of the general Plan and scnerea cf development as evidenced by this Declaration, and shall noe impair tne ’ vested property rights of any home owner or his mortgagee.
Section 5. Rights of Mortgacees, Trustees or Lienholders. No viola-
development as evidenced by this Declaration, and shall noe impair tne ’ vested property rights of any home owner or his mortgagee.
Section 5. Rights of Mortgacees, Trustees or Lienholders. No violations of any of these restrictions, covenants or conditions, shall affect , or impair the rights of any Mortgagee, Trustee, or Lienholder under any mortgage or deed of trust, or the rigats of any assignee of any Mortgagee, em 6 Trustee or Lienholder under any such mortgage or deed of trust, ™ . Section 6. Dedications. Those tracts of land described on Exhibit “D" attached, being portions of the Common Area and designated "Private Streets®, are hereby perpetually dedicated, established and set aside as a non-exclusive easement for street purposes for the common use, benefit and enjoyment of the owners and/or occupants of the Building Plots which form a part of the Properties, to serve the Properties as streets for access, ingress and egress to and from each Building Plot to a street dedicated to public use. The plat of SPRING LEA, SECTION TWO, recordad in Volume 148, - 25 « 12-10-0709 Page 8 of the Nap Records ng ilarris County, Texas, and the plat of SPRING LEA, SECTION ONE, recorded in Volume 95, Page 57 of the Map Records of Harris County, Texaa, dedicates for public use as guch, subject to tne limitations set forth’ taerein, certain Streets shown thereon, and 3ucn Plat, establishes certain dedications, limitations, reservations and reatrictions applicable to the Properties. Easements affecting tae Properties ara hereby reserved as snown on the recorded plat referred to for the installation, operation and maintenance of utilities and drainage facilities, All dedications, limitations, testrictions and reservations shown
rved as snown on the recorded plat referred to for the installation, operation and maintenance of utilities and drainage facilities, All dedications, limitations, testrictions and reservations shown on said plat are incorporated herein anc, made a part hereof as if fully set forth herein, and shall be construed as ‘being adopted in each and every contract, deed or conveyance executed or to be executed by or on behalf of Declarant, Conveying said Property or any part thereof.
“Tid WITWGESS WHEREOF, tha undersigned, has hereunto set his hand wy) \st- day of NovE NRE, A. D., 1976, OHN &. JOa£S "DECLARANT® GREATER HOUSTON BANK, the lien holder joins in the execution hereof for the purpose of subordinating all of the liens held by ie against the Properties unto these presents, and does hereby consent and agree to the ime position of the foregoing reservations, restrictions, covenants and conditions; and GREATER HOUSTON BANK hereby agrees that a foreclosure Shall not affect such reservations, restrictions, covenants and conditions.
ATTEST:s !
Winteemens fee beens whens op | i t I TUZ STATE OF TEXAS 1 COUNTY OF HARRIS I BEFORE HE, JOUN F. JoBEs, fore 7 the pur pagos and consideration. therein expressed, eigisoen HY BAND AUD SEAL OF OFFICE this j= day of Revember fe. woe Notary Public in my Lf facet County, ares ‘) TEXAS, / Bbrone ME, the undersigned, a Notary Public in day Personally appeared * President, known to mea to be * stately: en this and for said County and the person and officer whos nawe is suoscribed ‘foregoing instrument and acknowledged to xq that the same was the ig sane as “tha act of SuUCA Corporation for the