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ELECTRONICALLY RECORDED 201200036291 FIRST AMENDMENT AND SUPPLEMENT TO NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR THE BEVERLY ON TURTLE CREEK CONDOMINIUMS STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS) § THIS FIRST AMENDMENT AND SUPPLEMENT TO NOTICE O OF DEDICATORY INSTRUMENTS FOR THE BEVERLY ON R kK CONDOMINIUMS (this “First Amended Notice”) is made this day of {by ” The Beverly on Turtle Creek Condominium Association (the “Association WITNESSETH: 81049, Page 1306 et seq. of the Real Property Recor supplemented from time to time (the “Declaration”); WHEREAS, the Association is the manage or regulate the condominium regim described in the Declaration; and WHEREAS, Section 20 KOYK 0 T Property Code provides that a property owners’ previously recorded in the sords of the county in which the condominium regime is located; and hé Association desires to amend the Notice by replacing Exhibit A-2 of the erly Resident Rules & Regulations attached hereto as Exhibit 1; and instrumefits“attached hereto as Exhibits 2 and 3 in the Real Property Records of Dallas County, Texas, pursuant to and in accordance with Section 202.006 of the Texas Property Code.

NOW, THEREFORE, the dedicatory instruments attached hereto as Exhibits 1, 2 and 3 are true and correct copies of the originals and are hereby filed of record in the Real Property Records of Dallas County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.

FIRST AMENDED NOTICE OF FILING OF DEDICATORY INSTRUMENTS - Page 1 IN WITNESS WHEREOF, the Association has caused this First Amended Notice to be

irements of Section 202.006 of the Texas Property Code.

FIRST AMENDED NOTICE OF FILING OF DEDICATORY INSTRUMENTS - Page 1 IN WITNESS WHEREOF, the Association has caused this First Amended Notice to be executed by its duly authorized agent as of the date first above written.

THE BEVERLY ON TURTLE CREEK CONDOMINIUM ASSOCTATION PRE(OEMT Its: rs \ ACKNOWLEDGMENT Q STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned authority. o HA RIT, gE : PRESIDE a7 of Tm Association, known to me to be the person whose naprek acknowledged to me that (s)he an Sé expressed on behalf of said corporation.

ig day per appeared GRoy <7e erly on Turtle Creek Condominium ibed to the foregoing instrument and SUBSCRIBED AND SWORN, My Commission Expires 9, RETURN TO: sNwhiite 1400 hs 75219 FIRST AMENDED NOTICE OF FILING OF DEDICATORY INSTRUMENTS - Page 2 DEDICATORY INSTRUMENTS Exhibit 1 The Beverly Resident Rules & Regulations Exhibit 2 Bylaws of The Beverly on Turtle Creek Exhibit 3 Eighth Amendment to the Bylaws Q } \, ons SS 2© FIRST AMENDED NOTICE OF FILING OF DEDICATORY INSTRUMENTS - Page 3 THE BEVERLY RESIDENT RULES & REGULATIONS TABLE OF CONTENTS THE COMMONS .1 Usage of Units and Common Elements ...3 1 5 Balconies 2 Maintenance, Repairs, and Alterations Noise, Music, Radio, and Television Laundry 5 Trash Removal.

5 Unofficial Copy Storage 6 Pool Rules 7 i EXHIBIT / Pool and Fitness Center Guests 8 Maintenance or Improvements Requiring Suspension of Water Service.... 8 FINANCIAL OBLIGATIONS Payment of Assessments / Penalties for Nonpayment Insurance . 11 » 12 Sale of Units .......

1... 13 Move-In / Move. 13 Keys and K Leasing of Units . 15 THE COMMONS We live in a multiple-family dwelling. Most aspects of our private, personal Home or

Insurance . 11 » 12 Sale of Units .......

1... 13 Move-In / Move. 13 Keys and K Leasing of Units . 15 THE COMMONS We live in a multiple-family dwelling. Most aspects of our private, personal Home or Unit exist for our own comfort and self-expression. Within that space our personal preferences are sacrosanct, as they would be in a private single dwelling. Even in this private setting, however, it should be recalled that there are costs associated with the maintenance of the equipment, building structure, and grounds of individual dwellings, and the same is true in a condominium community. Many private residences are’ neighborhoods that have covenants restricting the appearance of the exterior sp and disallow elements that might endanger the neighbors, and this also is true Beverly.

regulations (including Building Codes) that provide sonfe flimitaWOhs On or requirements for what we can or must do. Furthermore, the specific Association documents (Articles of Incorporatio of the Rules and Regulations that follow. And i and preferences of an individual Unit owner noti peace of the others. As such, it is necessa property (for which we all bear the costOf me must maintain the social consciousness that olraGtions affect others. We reside literally within feet of other people’s privasegpaces, and it is imperative that we keep it in mind that our noise and actio erférewith the peace of near neighbors.

Respecting the Commons aah at there is an added social responsibility that is greater than if we had ate residence on many acres of land.

Common courtesy and elp us reside peacefully with each other.

USAGE OF UNITS ON ELEMENTS d for other than single-family residence purposes. As Fifth Amendment to the Bylaws, section 11.01 (04/12/1989), no

on courtesy and elp us reside peacefully with each other.

USAGE OF UNITS ON ELEMENTS d for other than single-family residence purposes. As Fifth Amendment to the Bylaws, section 11.01 (04/12/1989), no , or other non-residential activities may be conducted within these ore than four persons may occupy any two-bedroom unit; and no an two persons may occupy a one-bedroom unit on a permanent ancy basis. For the purposes of this paragraph, “permanent occupancy” hat’be defined as any occupancy in excess of thirty days not separated by intervals of at least six months.

2. Use of any facilities of the Condominium will be made in such a manner as to respect the rights and privileges of other Owners. The Board of Directors shall have the right to abate all nuisances.

3. No improper, unlawful, or offensive activity shall be carried on in any Home or upon or within the Common Elements, nor shall anything be done which may be or become an annoyance or nuisance to the Residents. (Section 11.04, Article Xl) 4. No Common sidewalks, front or side driveways, parking garage drive-through lanes, stairways, hallways or entrances shall be obstructed or used by any Owner for any purpose other than ingress to and egress from the Units. Do not park or place objects in locations that will interfere with others’ abilities to @rter or exit the building, parking spaces, or individual Units of the building.

areas.

7. Any damage to the Common Elements mon personal property caused by an Owner, the children of an Owner or the sts, or by the guests of a Unit Owner, shall be repaired at the expense neutral, white, or off-white color.

BALCONIES ner.

exterior of any Unit shall be of a 1. Balconies may n external appeara 2. The day-toof the appli

expense neutral, white, or off-white color.

BALCONIES ner.

exterior of any Unit shall be of a 1. Balconies may n external appeara 2. The day-toof the appli enance and appearance of balconies are the responsibility er / Resident. This responsibility expressly extends to and drainage “slots” free from obstructions, including plants, at Materials, flooring installed by the Owner/Residents, or any other real property that may impede drainage. Owner/Residents are also dabout watering plants on their balconies in such a manner that causes ater to drain from their balconies onto the balconies beneath them.

3. Balconies shall not be used for storage of supplies, equipment, or trash, nor for drying or airing of clothing, bathing suits, etc.

4. Items (e.g., plant containers) shall not be placed on balconies or balcony railings in such a way as to be in danger of falling or being blown off. Nothing shall ever be thrown purposely from a balcony. The Owner / Resident of a unit shall be 10.

held liable for any damage or injury that results from anything that falls or is dropped from a balcony of that Unit.

Leaving pets on a balcony for extended periods, or while the Resident is absent, shall not be permitted.

Grilling or barbecuing is not permitted to be done on any balcony.

Display of (acceptable) holiday decorations must be confined to the Own Unit and/or his or her balconies.

cluttered or unsightly in any manner, he or she by the Board of Directors or Managing Agent, a such condition within five (5) days of the date of ing Agéntardy correct such a ightly items) and/or repair or discrepancy (including the removal of any & refurbish the patio or balcony at Owne resurfacing balconies are tile or s.reinforced paint. [Board Resolution,

orrect such a ightly items) and/or repair or discrepancy (including the removal of any & refurbish the patio or balcony at Owne resurfacing balconies are tile or s.reinforced paint. [Board Resolution, September 17, 1992] An Ow R At may place a rug on the balcony that balcony uncovered.

on the balcony flody Cluding all furnishings, equipment, appliances, and fixtures contained therein. Also, the Owner shall maintain, repair, and replace at the Owner's expense all of such Owner’s Home and the surface of the floor of the balcony appurtenant to such home. (Section 8.02, Article VIII) . The Owner, or the tenant if the Unit is leased, shall exercise due care in his or her use of the Common Elements. If any Owner or tenant fails to carry out or neglects his or her responsibilities set forth in these rules, the Board may fulfill the same and charge such Owner. Charges shall be made to the Owner if the tenant is responsible for the infraction of any of these rules.

. No decoration or article shall be placed upon, and no work of any kind shall be done upon the exterior building walls or upon the general Common Elements by any Unit Owner or resident, except as provided hereafter in this document. Such decoration and work is the responsibility of the Association. No changes can be made in the Limited Common Elements except with prior written approval Board of Directors.

expressly authorized in writing by the Associatio TV satellites on the roof at their expense, so lon street.

Owners may install e not visible from the . All residential Units shall6 be utilized only sidential purposes. Any such exception in order to be effective must b in writing with reason given for the granting thereof. ©

l e not visible from the . All residential Units shall6 be utilized only sidential purposes. Any such exception in order to be effective must b in writing with reason given for the granting thereof. © . An Owner / Resident may not ph ge the front door to his or her Unit, nor place signs or decorations arthe exterior side of such door, without the a holiday decoration on the front door of the Unit keh subject to removal at the Board’s request if the amihéd to be inappropriate. Any decorations should be iary 6 of the new year.

erMShall make structural or externally visible alterations to his or her ncluding but not limited to the erection of antennas, aerials, awnings, the glation of any reflective or other material in the windows of the building;, the painting or redecorating of any exterior walls, the placement of any objects on the roof, or other exterior attachments, or undertake any work in his Home which would jeopardize the soundness or safety of the building, reduce the value of the building or impair any easement thereon or appurtenance thereto, or enclose, by means of screening or otherwise, any balcony, yard, or terrace, without the prior written approval of the Board (which may be withheld for any reason). The Board shall not approve any alterations, decorations, or modifications which would jeopardize or impair the soundness, safety, or appearance of the building. No Home may be subdivided and conveyed to separate Owners (although several persons may own undivided interests in an entire Home).

9. The following procedure shall be adhered to by any Owner proposing significant changes or alterations: a. Owner will submit his or ner proposal in writing to the Board, inclug Elevator. Note that the Owner/Réstdent must-adVise management when

o by any Owner proposing significant changes or alterations: a. Owner will submit his or ner proposal in writing to the Board, inclug Elevator. Note that the Owner/Réstdent must-adVise management when issuing a key to a contractor or wo and when such are to be permitted to enter the Unit.

d. See Damage Deposit A 6 Appendix.

ve the right to abate all nuisances.

hav? exercise reasonable care to avoid making or yd, disturbing, or objectionable noises, and in using or De used or played musical instruments, radios, DVD players, television sets, amplifiers, and any other 1. Washers and dryers and/or connections are provided in each Unit. Also, a common laundry facility is provided for residents’ use on the first floor near the exercise room.

2. In order to prevent backup of suds in the drain lines and damage to both individual units and the Common Areas, please adhere to the following: a. Use only low-sudsing detergents, as stated on the label, such as All, Bold, Dash, and several others.

b. Do not use a high-sudsing detergent, such as Woolite or Tide, in your automatic washer.

Cc. Use no more than the amount of detergent recommende the directions on the box or bottle. If you have a stacke used to a larger washer, cut the amount in half.

TRASH REMOVAL 1. Trash chutes are provided on each floor for the fs¢ in these chutes descends to the first floor and into \ trash removal contractor.

2. All trash put in a trash chute MUST be in boxes should not be put down the trashtT e chute has angles; boxes get not be dropped into the chute.

ken to the lobby level on the Freight Elevator and be placed in the’“dumips hich is located on the parking lot facing PS or other refuse in the Freight Elevator, ay be stacked outside of the trash chute rea. If you need any assistance with any large

d be placed in the’“dumips hich is located on the parking lot facing PS or other refuse in the Freight Elevator, ay be stacked outside of the trash chute rea. If you need any assistance with any large ontdesk (214.522.5890).

4. Newspapers afid other neat recyclable paper trash may be stacked in the boxes left in the Oy Hallways, or Patios.

area, or inside thet boxes, please co 2. Proper bathing attire must be worn in the pool area, including when using the hot tub. Residents may not enter the building barefoot and lacking proper cover when they leave the pool area.

PETS 1. Only Owners shall be allowed one or two pets per Unit, not to exceed 20 pounds each in weight. Lessees will not be permitted to have pets.

2. No pets may exercise on any Common Areas inside or outside, including the garage. No pet is permitted outside a Unit unless on a leash (or in a carrier).

Failure to comply with rules will result in a fine, the amount depending upon the Board's discretion per occurrence.

PARKING 1. Specific numbered garage parking spaces are assigned to g Residents may park ONLY in their assigned spac 2. Automobiles parked in unauthorized spaces ma tow t the Owner's expense.

Owner or a member of the a Unit shall be parked in Parked in such a manner as to Ace to or exit from designated embers, guests, tenants or boutinely or regularly in spaces that are 3. No vehicles belonging to or under control 4 family, or a guest, tenant, lessee, or ermployes another Owner's limited area wok Ea impede or prevent ready accessMovany 4 parking areas. Owners (and thei 1. ifi ribere age space is assigned to each Unit. The storage space m e stored inside the assigned storage space. Items left outside ed unwanted and will be removed.

4 parking areas. Owners (and thei 1. ifi ribere age space is assigned to each Unit. The storage space m e stored inside the assigned storage space. Items left outside ed unwanted and will be removed.

1. All persons going to and from the swimming pool or hot tub must wear covering garments over bathing suits, with shoes or sandals.

2. No one in swimsuit only, or barefoot, should enter the elevators or leave through the lobby door. This attire is allowed only in the pool area.

10.

11.

12.

13.

14.

16.

Please dry off before re-entering the building. Wear shoes or sandals so as not to wet the hallway or elevator floors.

Residents should use the back door by the elevator to enter the pool area, or use the South stairwell, which opens to the ground-level patio area.

. Always close the door securely and make certain that it locks behind you. ,Never prop the door open.

the back door.

No running is allowed in the pool area. No diving is permjtted.

shallow depth of the pool. (S) allowed.

No pets are allowed in the pool or surro den areas.

Neither the Association nor Manage eSponsible for the loss of personal property in the pool area.

Leave the pool area clégn.

receptacle. Do not Jéayé ?

chairs and tablesA% t ck up trash and deposit it in the trash e pool. When you leave, replace deck The pool opens 4 is& and closes at 11:00 p.m. both on weekdays and weekends.

No Reside her guest(s) shall make or permit disturbing noises, or do, gto be done, which will interfere with the rights, comfort, or enceoyother Residents. The voices of young children who repeatedly antkyell can be particularly disturbing.

The popl shall not be reserved for private parties on holidays.

No smoking is permitted in the pool area, in the hot tub, or on the surrounding

who repeatedly antkyell can be particularly disturbing.

The popl shall not be reserved for private parties on holidays.

No smoking is permitted in the pool area, in the hot tub, or on the surrounding deck. Smoking is not allowed anywhere on the grounds of The Beverly.

POOL AND FITNESS CENTER GUESTS 1. Owners, lessees, and their families and guests may use the swimming pool and fitness equipment only at their own risk, and the Association assumes no liability or responsibility for any injury or death occurring as a result of such use. Failure to respond to an emergency shall not be deemed to be negligence on the part of the Association, its officers, or members. Those who use these facilities shall abide by all Rules and Regulations pertinent to these areas.

2. Guests may be accorded Pool and Fitness Center privileges only when accompanied by a resident.

3. The Owner will be held financially liable for any damage or vandalism ten Pool Area or Fitness Center by their tenant or guest.

4. Atno time should a chaise lounge or table be reserved whep occupied.

5. Each Unit shall be entitled to no more than two prior permission is given by Management. Whe granted, Residents will be notified, also in advan MAINTENANCE OR IMPROVEMENTS REQ SERVICE © If an Owner desires to have work done.i e\Owner's Unit requiring the suspension of beredf outside of the Owner's Unit, this cheduled drain downs required by an ¢ , exceptions are disfavored in order to limit the resulting disruptions ancvetréss OaAhe building’s plumbing system. [Board Resolution, November 10, 2011 FINANCIAL OBLIGATIONS At the Beverly, we enjoy the quality of life that is possible in a smaller, mid-rise building.

The comfort of residing in a building this size brings with it the obligation that each and

L OBLIGATIONS At the Beverly, we enjoy the quality of life that is possible in a smaller, mid-rise building.

The comfort of residing in a building this size brings with it the obligation that each and every Homeowner shows responsibility for the timely payment of shared expenses, and shows respect for the care of shared property. In the event that one Owner is in arrears or is in default of his or her share of the payment of mandatory costs, the burden then falls to the other members of the Association, and that is a significantly greater btden in a building of 40 Units than in one of a hundred or more. It is therefore impe @ that every Homeowner at The Beverly take full responsibility for shared costs. G and Requlations have been constructed to protect the other members o should one member become delinquent.

Association, both regular monthly assessments and any 5 described in the Bylaws. The provisions of the Bylaws regarding the assessment, payment, and collection of however, the following summary of those rules is provid Owners. If you have any questions regarding these matte and their Amendments.

PAYMENT OF ASSESSMENTS / PENAL Eo DY ssessineée 1. Bylaws Section 7.05, Article of all assessments. eal first day of each mo 0 Special Assessme K) er of a Unit as of the date of an assessment ally liable for the payment of that assessment. Further, 4. “If any assessment, or portion thereof, is not paid in full and received by the Association on or before the Due Date, interest on the principal amount due may be assessed against the Owner, the rate of said interest to be eighteen percent (18%) per annum and such interest shall accrue from the Due Date until paid. In the event any assessment, or portion thereof, is not paid in full and received by 10

aid interest to be eighteen percent (18%) per annum and such interest shall accrue from the Due Date until paid. In the event any assessment, or portion thereof, is not paid in full and received by 10 the Association by the Delinquency Date, the Association may charge the Owner a late fee of $100.00.” (Assessment Collection Policy, Association Vote of May 8, 2008) “In the event an assessment or any part thereof or any amount due to the Association remains unpaid for a period of sixty (60) days from the Due Date, the Association may terminate utilities to the Owner's unit which are funded in whole or in part by any assessment, including but not limited to, water, television and/or internet service provided by the Association, upon the giving of notice as provided by Texas law.” (Assessment Collection Policy, Association 8, 2008) Furthermore, a fee of $25 for each returned chec Collection Policy, Association Vote of May 8, 209 grit, a late notice will be sent when payment is forty (40) days past due, will be sent to the owner. If the payment déres provided in paragraphs 7 and 8, supra, the them if they shall have been invoked against a . In that case, the Board is authorized, in its discretion, to llowing procedures, in the event of a subsequent delinquency by ner-member: a) Upon any subsequent delinquency after a prior delinquency shall have been referred to the Association’s attorneys for collection, the delinquent member-owner may be sent a letter demanding full payment of the delinquency within five (5) business days. If the unpaid balance of the delinquent account is not fully paid within this period, then the delinquent account may be immediately reported to the appropriate Credit Bureau, a title search be immediately conducted, and a lien securing payment of the 11

fully paid within this period, then the delinquent account may be immediately reported to the appropriate Credit Bureau, a title search be immediately conducted, and a lien securing payment of the 11 delinquent assessments shall be filed at the earliest opportunity, alternatively, (b) The delinquent account may be immediately referred to the Association's attorneys for collection and, if necessary, foreclosure. [ Cite to Fast Track Procedures Board Resolution, December 1, 2005] 10. If amember’s account shall have been previously referred to the Association's attorneys for collection within the preceding twenty-four (24) months, the Late Charge for each subsequent late payment for a monthly assess be $250.00 instead of $100.00. If a member's account shall have bee INSURANCE 1. The Beverly on Turtle Creek Condominium Assos general liability insurance, insuring the A stated in the By-laws. Also, the Associatid extended coverage, and for water dam lism, etc., as stated in Article IX, Section 9.01. This insurance gove fixtures within a unit caused by a source outside of the unit b ‘i ol of the unit owner, including Officers, Directors, etc., as intains fire insurance with Improvements or Betterments inst Owner. [Eighth Amendment to Bylaws, October 6, 2011] O léTor obtaining such insurance as he or she in8ufance covering furnishings within the Unit and ce or recovery under policies carried by the Association vaivers of subrogation by the Insurer as to any claim against its Officers, Directors, Agents, and employees and against other “ection 9.05). See further details in The Beverly Handbook. The ion is NOT responsible for damage to an Owners furnishings or other val property, regardless of the cause of the damage. [Eighth Amendment PENALTIES

). See further details in The Beverly Handbook. The ion is NOT responsible for damage to an Owners furnishings or other val property, regardless of the cause of the damage. [Eighth Amendment PENALTIES 1. Continuous or recurring violations of any of the foregoing Rules and Regulations will be subject to a penalty as imposed by the Board. These penalties will be 12 treated in the same manner as any other sums due the Association. The Association will hold the Owner responsible for the payment of such penalties, including those caused by lessees or guests. Penalties will be assessed only in those instances where the Owner has been notified in writing of the violation and where, in the opinion of the Board of Directors, the Owner has been given a reasonable time to correct the violation.

i3 ADMINISTRATIVE REGULATIONS In order to allow our management company to handle the day-to-day operations smoothly, efficiently and appropriately, a number of procedures are required. These procedures were instituted to protect our common welfare.

ADMITTANCE TO BUILDING 1. Residents a garage door opener which has been coded into the sea . Only Residents or their authorized guests may park ipthe garag eir appropriate assigned spaces.

2. Guests and Visitors a. Guests and visitors 1 entrance by a Residen the Concierge. © ot be admitted until the Concierge receives he Resident (another visitor or guest cannot give mest§ and visitors must park their cars in the Visitors Parking . Kyo ish to have your guest park in the garage in an assigned eB please contact the Management Office.

For frequent guests (e.g., family members, employees, and house sts), the Resident may provide the Manager in writing: the Resident's ame and Unit number; the guest’s name; the Resident's authorization for

requent guests (e.g., family members, employees, and house sts), the Resident may provide the Manager in writing: the Resident's ame and Unit number; the guest’s name; the Resident's authorization for he guest to come and go within the regulations; the Resident's authorization to give out a key to the Unit; and other suitable instructions.

e. All guests and visitors must enter through the front lobby entrance, unless in the company of a Resident, or unless the provisions of the previous paragraph have been met.

14 f. If a Resident is planning a party of eight or more, he or she is encouraged to advise the Manager at least one day in advance of the party.

3. Service Personnel and Contractors: a. All service personnel and contractors will be permitted entry only with the specific authorization of a Resident.

b. To obtain entry to an Owner's Unit, contractors and wor t Sign in and out at the Concierge desk in the lobby, and use or freight/service elevator.

Cc. Note that the Owner/Resident must advise the-Co e-when issuing a key to a contractor or worker, and advise he Can iéxgdof the times when these individuals are to be perpaffi 4. Realtors a. Realtors will be admitted o ith the’specific authorization of the Owner of the Unit being shown.

b. Realtors must ent must sign in and out whe SALE OF UNITS 1. As provided by S35 11.05 of the Bylaws, no “For Sale,” “Open House,” or other gus ‘dre permitted to be displayed inside, outside or on the building.

2. The Associa Ie dep not have a “right of first refusal” in the sale of Units by Owners O r must provide each buyer of a Unit with current copies of: The Association Declaration and Bylaws b. The Association Rules and Regulations Cc. The Resident's Information Form and Emergency Assistance Form (to be obtained from the Manager)

h current copies of: The Association Declaration and Bylaws b. The Association Rules and Regulations Cc. The Resident's Information Form and Emergency Assistance Form (to be obtained from the Manager) MOVE IN / MOVE OUT 1. There will be a MOVE IN & MOVE OUT DEPOSIT OF $500.00 required in order to reserve the freight elevator, and it will be due and payable seven days in advance. The deposit will be refunded, provided there is no damage. If damage does occur, the cost of the damage will be deducted from the deposit and the balance, if any, refunded. The Owner will be liable for any damage in excess of the deposit.

2. No Owners or lessees will be permitted to place water beds in their Units Association assumes no liability for, nor shall it be liable for any waterde Management Office before using the elevators fer ‘any res transporting such persons.

bn other than 5. Reservations for the use of the Freight/Se with the Management Office (214.522. .

be used for moves ONLY betw th through Friday.

& Elevator are to be made ONLY Ne Freight/Service Elevator may 8:30 a.m. and 4:30 p.m. Monday 6. Upon closing of a Unit sale, the-ré er will not be allowed to take possession and/or m i i written verification of the change in ownership is received from the Ti 3 pd recorded in the Management Office.

KEYS AND KEY FOB t.

On any door leading into the Unit, the Owner shall provide a key e Managing Agent or the Board of Directors.

acceés/through the exterior doors and garage entrances. If more than two fobs are isSued to any Unit, the cost for each fob (beyond the first two) will be $25, a cost to be assumed by the Resident requesting it. Each key fob specifically identifies the person to whom it was issued, and it should not be given to

or each fob (beyond the first two) will be $25, a cost to be assumed by the Resident requesting it. Each key fob specifically identifies the person to whom it was issued, and it should not be given to anybody else. If a key fob is lost, the Managing Agent should be notified immediately, and the fob will be de-activated. The cost to replace the fob will be $25.00.

16 DELIVERIES TO UNITS BY THE CONCIERGE STAFF 1.

When a parcel, fax message, or item from an overnight delivery service is received at the front desk, the Resident to whom it is addressed shall be notified by telephone call from the Concierge on duty that the item has been received and is available to be collected by the Resident. If the Resident desires, arrangements can be made for the delivery of the item by the Concierge to,the Resident during the evening shift. Such deliveries shall be made after thé doors to the building have been locked for the evening (normally after: Management indemnifying the Management and Condominium Association of any liability associa Any newspapers left in front of simay be removed and disposed of unless prior arrangements h de with the Manager.

PEST CONTROL NS 1.

LE The Beverly emp ssional pest control contractor who provides periodic eryi e Common Elements.

Individu i may have the services of the contractor for their Units by equest to the Management Office. The Manager will make the gements and advise the Owner of the schedule for such service.

G UNITS The following summary of rules is provided here as a convenience to Owners. If you have any questions at all regarding these matters, please consult the Assessment Collection Policy, Association Vote of May 8, 2008.

1.

“Twenty-Four Month Restriction. Upon acquiring an ownership interest in a

questions at all regarding these matters, please consult the Assessment Collection Policy, Association Vote of May 8, 2008.

1.

“Twenty-Four Month Restriction. Upon acquiring an ownership interest in a Home, the Owner may not lease the Home until the expiration of twenty-four (24) 17 months from the date of the closing of the sale of the Home or recording of the deed to the Home which conveys title, whichever is earlier.” However, if the Owner obtains Board approval of hardship, this restriction may be waived.

. Not more than ten percent (10%) of Homes may be leased at any given time, unless the Owner obtains Board approval of hardship.

. An Owner who wishes to lease his or her Unit must provide a copy of the lease to the Board or its management company. The Association will have ten (1 to approve or disapprove the lease. The Association will respond in before the tenth (10") day after receipt of the lease.

. “The lessee shall comply with all provisions of the Declaration, and Regulations of the Association and shall control the copdt without liability and to evict the lessee in accordaycews Vexas law.” This information will be included in any lease; VF ill designate authority by, The Resident's a WY, Form and Emergency Assistance Form (to be obtaing ihe become Residents of The Beverly until the gived a copy of the lease, and has been advised by approved.

management offi€s the Board tha 18 TABLE OF CONTENTS OF THE BYLAWS OF THE BEVERLY ON TURTLE CREEK CONDOMINIUMS ARTICLE 1: DEFINITIONS ARTICLE II: THE ASSOCIATION 2.01 Administration 2.02 Membership 2.03 Voting 2.04 Qualification of Director: 2.05 Authority and Duties 2.06 Resolution of Disputes 2.07 Offices ARTICLE II: 3 3.01 3 3.02 3 3.03 3 3.04 3 3.05 4 3.06 4 ARTICLE 4 4.0 Management 4

ership 2.03 Voting 2.04 Qualification of Director: 2.05 Authority and Duties 2.06 Resolution of Disputes 2.07 Offices ARTICLE II: 3 3.01 3 3.02 3 3.03 3 3.04 3 3.05 4 3.06 4 ARTICLE 4 4.0 Management 4 02 Number; Qualification; Election; Term 4 Removal; Change in Number; Vacancies 5 4. Place of Meetings 5 4.05 First Meeting 5 4.06 Regular Meetings 5 4.07 Special Meetings 6 4.08 Quorum 6 4.09 Committees Having Board Authority 6 4.10 Other Committees 6 4.1] Procedure 6 4.12 4.13 ARTICLE V: 5.01 5.02 ARTICLE VI: 6.01 6.02 | 6.03 6.04 6.05 6.06 6.07 6.08 6.09 6.10 ARTICLE VII: 7.01 7.02 7.03 7.04 7.05 7.06 7.07 7.08 7.09 7.10 ARTICLE IX: 9.01 9.02 9.03 Management Agent 6 Action Without Meetings & Telephonic Meetings 7 NOTICES 7 Method 7 Waiver 7 OFFICERS 7 Election; Titles Other Officers Salaries Term of Office : President Vice Presidents 8 Secretary 8 Assistant Secretaries 8 Treasurer 8 Assistant Treasurers 9 ASSESSMENTS 9 Association Expe 9 Books of Acc 9 9 9 10 11 11 12 12 13 MAINTENANCE 14 Association’s Responsibilities 14 Owners’ Responsibilities 15 Duty of Owner to Reimburse 15 Major Expenses 15 INSURANCE 16 Insurance To Be Obtained By Association 16 Power of Attorney 17 Certain Policy Provisions 17 9.04 9.05 ARTICLE X: 10.01 10.02 10.03 10.04 10.05 10.06 ARTICLE XI: 11.01 11.02 11.03 11.04 11.05 11.06 11.07 11.08 11.09 11.10 11.11 11.12 11.13 11.14 ARTICLE XII: 12.01 12.02 ARTICLE XIV: ARTICLE XV: 15.01 15.02 Premiums Owners’ Responsibilities RECONSTRUCTION OR REPAIR Vote of Members Plan for Reconstruction Repair of Homes Costs of Repair Construction Trust Fund Eminent Domain RESTRICTIONS Use Modification of Homes Leasing Improper Activities Signs Use of Common Elemen Maintenance of Homes Mechanic’s Liens Regulations Access Use By Deve Pets Ation of Association

nent Domain RESTRICTIONS Use Modification of Homes Leasing Improper Activities Signs Use of Common Elemen Maintenance of Homes Mechanic’s Liens Regulations Access Use By Deve Pets Ation of Association Afication of Mortgagees DEFAULT Definition Costs No Waiver AMENDMENT MISCELLANEOUS Limited Liability; Indemnification Checks Kj 17 17 18 18 18 19 23 23 23 23 23 24 24 24 2S 25 25 15.03 Seal 25 15.04 Inconsistencies 25 15.05 Severability 25 15.06 Table of Contents: Headings 25 15.07 Number and Gender 26 15.08 Successor and Assigns 26 Unofficial Copy BYLAWS OF THE.BEVERLY ON TURTLE CREEK CONDOMINIUMS ARTICLE I DEFINITIONS The words defined in the Condominium Declaration for The Beverly o Creek Condominiums shall have the same meanings in these Bylaws.

ed Sods of coofit corpyration organized ARTICLE I THE ASSOCIATION 2.01 Administration. The Project shall be adminis owners, as defined in the Act, which shall be a Texas no under the name of The Beverly on Turtle Creek Condom “Association") . The Association shall be responsi operation, and administration of the Project in aé the Articles, these Bylaws, and any duly adopted.n ce with the Act, the Declaration, d regulations of the Association.

the Common Elements shall be subjectt) d 2.02 Membership. Each O a member of the Association and no other person shall be entitled Js, mefnbers o Owner shall be required to pay any consideration whatever sole ership. Membership in the Association and G Di aS transferred in any ma appurtenance to a Home.

members of the Association shall be in accordance with shall be entitled to a vote, the value of which shall equal the ntepest allocated to the Homes owned by such Owner as set forth in the

to a Home.

members of the Association shall be in accordance with shall be entitled to a vote, the value of which shall equal the ntepest allocated to the Homes owned by such Owner as set forth in the 0 Owner, other than the Developer, shall be entitled to vote at any ofthe Association until such Owner has presented evidence of ownership of a Home to the Association. Upon the conveyance of a. Home, the new Owner shall notify the Association in writing as to the name of the new Owner, and, if title shall be conveyed to two or more persons or entities, they shall designate in such notice one of them as the person entitled to vote. If. the Owner is a corporation, partnership or other entity, there shall be a designation in such notice of a specific individual to vote on behalf of such entity.

10/15/2003 I (c) Votes may be cast in person or by proxy. Proxies must be filed with the Secretary of the Association at or before each meeting of the Association.

(d) Cumulative voting shall not be permitted.

2.04 Qualification of Directors. Each Director of the Association other than the initial Directors designated in the Articles and any replacement Directors selected by the Developer prior to the first meeting of the Association must be an Owner, an officer, director, or employee of Developer, an officer or director of any other corporate O partner of a partnership Owner, or a principal of any other entity constituting anZ 2.05 Authority and Duties. The Association .shall have the specif} p duties specified in the Declaration, the Articles, and these Bylaws, and suth a rights and powers as .may be necessary, useful, or desirable to accom; of the Declaration the Articles, and these Bylaws and to serve the jqi Owners with respect to the Project. The Association shal le 3

hts and powers as .may be necessary, useful, or desirable to accom; of the Declaration the Articles, and these Bylaws and to serve the jqi Owners with respect to the Project. The Association shal le 3 Common Expense. Fund (as defined-in Section 7.01): (a) Water, electrical, gas, sanita the Project; ves of the Declaration, the Articles, and these Bylaws and erests of the Owners with respect to the Project, as may be am-time to time by the Board.

dete oO. of Disputes. The Board shall have authority to resolve disputes ing the inérpretation of the Declaration, the Articles, these Bylaws, and any rules gns of the Association and regarding compliance by the Association, the e officers of the Association, and the Owners with their obligations under documents, and decisions of the Board with respect thereto shall be binding and conclusive upon all Owners and officers. Any Owner who believes that the Association the Directors, an officer or any other Owner is not complying with its or his obligations hereunder, may submit a written complaint describing such failure to comply to the President. The President shall cause such complaint to be considered at a meeting of the Board, held within thirty (30) days after the President receives such complaint.

9 10/15/2003 2 2.07 Offices. The Association may have such offices at such places both within and without the State of Texas as the Board may from time to time determine or the business of the Association may require.

ARTICLE Ill MEETINGS OF OWNERS 3.01 Place of Meetings. Meetings of the Owners may be held at such time afte the first annual meeting in the Improvements or at such other place within the City d Dallas, Texas, as shall be stated in the notice of the meeting or in a duly executed"wa of notice thereof.

me afte the first annual meeting in the Improvements or at such other place within the City d Dallas, Texas, as shall be stated in the notice of the meeting or in a duly executed"wa of notice thereof.

later than the second Wednesday of April of that year, at 7:00 p.m. a Owners shall elect Directors, and shall transact such other business/ag brought before the meeting.

of the Owners shall be held at eetings of the Owners shall be of April if not on a legal holiday, lowing, at 7:00 p.m. at which time nsact such other business as may 3.02 Annual Meetings. The first annual me held in each succeeding year on the seéond We ih, and if a legal holiday, then on the next s r & the Owners shall elect the Directors, a properly be brought before thameefire.

eetings of the Owners, for any purpose or sib y statute, the Declaration, the Articles, or these 4{ter the first annual meeting by the President, the purposes, unless othery bylaws, may be called at 2 Board, or by Owners-h Ode Castt such meeting. Business transacted at all special meetings shall be confined to the gbjects stated in the notice of such meeting.

ritten or printed notice slating the place, day and hour of the he case of a special meeting, the purpose or purposes for which the calléd, shall be delivered not less than thirty (30) nor more than sixty (60) days e the/dgte of the annual meeting and not less than three (3) nor more than sixty (60) é the date of a special meeting, either personally or by mail, by or at the direction of the president, the secretary, or the officer or person calling the meeting, to each Owner entitled to vote at such meeting.

NOTE: Section 3.04, as set forth above, reflects the changes of the Sixth Amendment to the Bylaws, adopted April 9, 2003. The original language is set forth below.

er entitled to vote at such meeting.

NOTE: Section 3.04, as set forth above, reflects the changes of the Sixth Amendment to the Bylaws, adopted April 9, 2003. The original language is set forth below.

10/15/2003 3 3.04 Notice. Written or printed notice stating the place, day and hour of the meeting and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered not less than three (3) nor more than sixty days before the date of the meeting, either personally or by mail, by or at the direction of the president, the secretary, or the officer or person calling the meeting, to each Owner entitled, to vote at such meeting.

3.05 Quorum. Except as otherwise provided by statute, the Declaration, or the Articles, the presence in person or by proxy of twenty-five per cent (25%) of the Percentage Interest of the Owners shall constitute a quorum at all meetings of the for the transaction of business. If, however, such quorum shall not be prese represented at any meeting of the Owners, the Owners entitled to vote ther present or represented. At such adjourned meeting at which a quq or represented any business may be transacted which migh meeting as originally notified.

meeting, the vote of the holders of a majority o members qualified to vote and present in person grb of the statutes, the Declaration, the Aries dr phé which case such express provision shall gove The Owners present at a duly organi esting May continue to transact business, until adjournment, notwithstandingyghe taWal vf enough Owners, to leave less than a quorum.

Ne Iv THE BOARD 4.01 Manégéfrre e business and affairs of the Association shall be managed by the Board who k ercise all such powers of the Association and do all such

rs, to leave less than a quorum.

Ne Iv THE BOARD 4.01 Manégéfrre e business and affairs of the Association shall be managed by the Board who k ercise all such powers of the Association and do all such ; as“are not by statute, the Declaration, the Articles or these bylaws fo be exercised or done by the Owners.

Mamber; Qualification; Election; Term. Prior to the first annual meeting of Qwn¢rs/the initial Board designated in the Articles shall consist of three (3) 0 one of whom need to be members of the Association or residents of the State of Texas. If a vacancy occurs in the initial Board prior to the first annual meeting of the Owners, such vacancy shall be filled by a person or persons designated by the Developer.

Thereafter, at the first annual meeting and subsequent annual meetings, the Board shall be increased in size to five (5) Directors, all of whom shall be Owners and shall, except as hereinafter provided, be elected by the Owners at the annual meeting of Owners. Three (3) of said Directors shall serve for a term of two (2) years, and two (2) of said Directors shall serve for a term of one (1) year. At the expiration of said 1-year terms, all Directors 10/15/2003 4 shall hold office for a term of two (2) years, or until their successors shall be elected and shall qualify. The Directors shall serve without compensation.

NOTE: Section 4.02, as set forth above, reflects the changes of the Fourth Amendment to the Bylaws, dated April 12, 1989. This section was also amended by the First Amendment to the Bylaws, dated December 10, 1982, which rescinded the requirement that the number of Directors be increased to five, and by the Second Amendment to the Bylaws, dated April 11, 1984, which restored the original provision. The original language is set forth below..

nt that the number of Directors be increased to five, and by the Second Amendment to the Bylaws, dated April 11, 1984, which restored the original provision. The original language is set forth below..

Association or residents of the State of Texas. Ifa vacancy occurs in thé prior to the first annual meeting of the Owners, such vacancy shall be or persons designated by the Developer. At the first and subsequek Board shall be increased in size to five (5) Directors, all p employees, officers, or directors of Developer, and shall be elected by the Owners, and hold office until the next d Jollowing their election and thereafter until their success nall be elected and shall qualify. The Directors shall serve without comyf ion.

4.03. Removal; Chan either, for or without, cause, at any spec pt the Owners by the affirmative vote of a majority of the Owners present in p Dy’ proxy at such meeting and entitled to vote, if notice of the intention to act y calling such meeting. In su Owners at such meeting.

resignation, or disqualific& esSor or successors shall be chosen by the s on the Board caused by the death, Of the conveyance by a Director of the Director's © be an Owner), a successor or successors may be semaining Directors called for that purpose. Each for the unexpired term of his predecessor, in office.

sd bY reason of an increase in the number of Directors shall be | meeting of Owners or at a special meeting, of Owners successor Director sh Any directorship filled by election & 8 gs. The Board shall hold its meetings, both regular and e City of Dallas, Dallas County, Texas.

First Meeting. The first meeting of each newly elected Board shall be held without further notice immediately following the annual meeting of Owners, and at the

e City of Dallas, Dallas County, Texas.

First Meeting. The first meeting of each newly elected Board shall be held without further notice immediately following the annual meeting of Owners, and at the same place, unless by unanimous consent of the Directors then elected and serving such time or place shall be changed.

4.06 Regular Meetings. Regular meetings of the Board may be held without further notice at such time and place as shall from time to time be determined by the Board.

10/15/2003 5 4.07 Special Meetings. Special meetings of the Board may be called by the president on three days’ notice to each Director, either personally or by mail or by telegram. Special meetings shall be called by the president or secretary in like manner and on like notice on the written request of two Directors. Except as may be otherwise expressly provided by statute, the Declaration, the Articles, or these Bylaws, neither the business to be transacted at, nor the purpose of any special meeting need be specified in a notice or waiver of notice.

4.08 Quorum. At all meetings of the Board the presence of a majority Directors shall be necessary and sufficient to constitute a quorum for the transaet business, and the act of a majority of the Directors present at any meeting g is a quorum, shall be the act of the Board, except as may be otherwise spési provided by statute, the Declaration, the Articles, or these Bylaws.

be present at any meeting of Directors, the Directors present therea meeting from time to time without notice other than annoyficeme quorum shall be present.

4.09 Committees Having Board Authori by a majority of the whole Board, designate one more of the Directors. Any such committee, to shall have and may exercise all of the authori

orum shall be present.

4.09 Committees Having Board Authori by a majority of the whole Board, designate one more of the Directors. Any such committee, to shall have and may exercise all of the authori business and affairs of the Association’ &xce ees not having and exercising the the affairs of the Association maybe adopted by a majority of the Directors in j is present, or by the president thereunto tne Board. Membership on such committees may, but or Owners.

¢ Board and all committees shall keep regular minutes of their ittees shall report the same to the Board when required.

CG OF need not be, limited-te-Dite 4.11 rod e el Need and the Board may delegate to such management agent such duties with respect to management, repair and maintenance of the Project, including but not limited to the duties of the officers of the Association, which are not by statute, the Declaration, the Articles, or these Bylaws expressly required to be performed by or have the approval of the Board or the Owners; provided that the Board shall not delegate to the management agent the authority for final determination of budgets or the promulgation of rules and regulations, 10/15/2003 6 4.13 Action Without Meeting and Telephonic Meetings. The Directors shall have the authority to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all of the Directors. Written approval may be given by e-mail or other electronic means permitting the communication to be preserved in writing. Any action so approved shall have the same effect as though taken at a meeting of the Directors. The Board may hold duly called meetings of the Directors by telephone or other means of communication that allows all of the participants to hear

effect as though taken at a meeting of the Directors. The Board may hold duly called meetings of the Directors by telephone or other means of communication that allows all of the participants to hear each other. Minutes of all such meetings or written memorandum of any action take without a meeting, including the approval of each Director, shall be kept with the off files of the Association in accordance with Section 4.11. Three (3) days' notice such meeting or proposed action without a meeting shall be given in accordgaee Section 4.07.

NOTE: Section 4.13, as set forth above, was added to the Bylaws bythe S Amendment to the Bylaws, adopted April 9, 2003. C) ARTICLE V NOTICES 5.01 Method. Whenever under the prov of the statutes, the Declaration, the Articles, or these Bylaws notice is required to be.gi provision is made as to how such notice shal shall not be construed to require personal notice, but any such notice f iting, personally delivered or by mail, postage prepaid, addressed to such Owner at such Owner's Home. Any notice required, or permitted to be givé } st office or mail receptacle regularly maintained by the United Staye ert: as aforesaid.

5.02 Waiver. tice is required to be given to any Owner or Director under the pro $ statutes, the Declaration, the Articles, or these Bylaws, a waiver theree iting signed by the person or persons entitled to such notice, whether b¢ aftethe time stated in such notice, shall be deemed equivalent to the giving of's ARTICLE VI OFFICERS Election; Titles. The officers of the Association shall be elected by the g afd designated in the Articles at its first meeting and by each subsequent Board at its first meeting after each annual meeting of Owners from among the Directors or the

tion shall be elected by the g afd designated in the Articles at its first meeting and by each subsequent Board at its first meeting after each annual meeting of Owners from among the Directors or the Owners or both, and shall be a president, a secretary, and a treasurer. The Board may also choose one or more vice presidents, and one or more assistant secretaries and assistant treasurers. Any two or more offices may be held by the same person except that the offices of president and secretary shall not be held by the same person.

6.02 Other Officers. The Board may appoint such other officers and agents as it 10/15/2003 7 shall deem necessary, who shall be appointed for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board.

6.03 Salaries. The salaries, if any, of all officers shall be fixed by the Board.

6.04 Term of Office. Each officer of the Association shall hold office until the annual meeting of the Board next following his election and thereafter until his successor is chosen and qualified, in his stead or until his death, disqualification, resignation or removal from office. Any officer or agent elected or appointed by the Board may be’ removed at any time for or without cause by the affirmative vote of a majority ofthe whole Board, but such removal shall be without prejudice to the contract righte-4 the person so removed. If the office of any officer becomes vacant for any, vacancy may be filled by the Board.

general and active management of the affairs of the Assotidti Wall séé that all orders and resolutions of the Board are carried into effect, and sh : such other duties as the Board shall prescribe.

6.06 Vice Presidents. Each vice preside ave such powers and perform

l séé that all orders and resolutions of the Board are carried into effect, and sh : such other duties as the Board shall prescribe.

6.06 Vice Presidents. Each vice preside ave such powers and perform such duties as the Board may from time to timé i 6.07 Secretary. The secretary sh E sessions of the Board and all meetings of the Owners and record € minutes of all proceedings in a book to be kept for that purpose angshal orfrh like duties for any committees when o be given, notice of all meetings of the , and shall perform such other duties as may be At, under whose supervision the secretary shall be.

required. The secretary shag istantSedcetaries. Each assistant secretary shall have such powers and ard may from time to time prescribe or as the president may eto such assistant secretary.

Ociation in such depositories as may be designated by the Board. The ' all disburse the funds of the Association as may be ordered by the Board, taking proper vouchers for such disbursements, and shall render to the president and directors at the regular meetings of the Board, or whenever they may require it, an accounting of all the treasurer's transactions as treasurer and of the financial condition of the Association, and shall perform such other duties as the Board may prescribe. If required by the Board, the treasurer shall give the Association a bond in such form, in such sum, and with such surety or sureties as shall be satisfactory to the Board for the faithful performance of the duties of the treasurer's office and for the restoration to the 10/15/2003 8 Association, in case of the treasurer's death, resignation, retirement, or removal from office, of all books, papers, vouchers, money and other, property of whatever kind in the

on to the 10/15/2003 8 Association, in case of the treasurer's death, resignation, retirement, or removal from office, of all books, papers, vouchers, money and other, property of whatever kind in the treasurer's possession or under the treasurer's control belonging to the Association.

6.10 Assistant Treasurers. Each assistant treasurer shall have such powers and perform such duties as the board of directors may from time to time prescribe.

ARTICLE VII ASSESSMENTS 7.01 Association Expenses and Receipts. All expenses paid and iycy Association (the "Association Expenses") and all money and other prope the Association (the "Association Receipts") shall be so paid, incurred, at the Association on behalf of the Owners. All money received by tk placed in an account at a bank determined by the Board a g Expense Fund."

eceipts. “Stich books shall be open for inspection by the Owners during reasonable woxkiNg hours on weekdays and shall be audited annually by qualified auditors. The cg Expense.

Association an annual bud alNXsseciation Expenses for the forthcoming year which may be required fo ; ep operation, management, and maintenance of the gwance for contingencies and reserves. A copy of the months in such fi “AL yok of the annual projected expenses for the Project shall be paid to each Owner. One-twelfth (1/12) (or, as to any fiscal into the Coy pense Fund each month in advance by the Owners.

atthe monthly assessments are or may prove to be insufficient to pay the Expenses in any fiscal year, or if additional funds are needed from time to eC other requirements of the Association regarding the Project, including but

are or may prove to be insufficient to pay the Expenses in any fiscal year, or if additional funds are needed from time to eC other requirements of the Association regarding the Project, including but not limited to capital improvements authorized by Section 8.04, or the repair of casualty or condemnation losses pursuant to Article X, the Directors may from time to time levy special assessments for such purposes; provided, however, that no special assessment shall be levied without the prior approval of Owners having Percentage Interests totaling more than fifty per cent (50%), or, in the case of certain capital expenditures specified in Section 8.04, Owners having Percentage Interests totaling more than sixty-six and twothirds per cent (66-2/3%); provided that in an emergency the President may take such 10/15/2003 9 action as may be necessary to preserve or prevent further damage to the Project and levy an assessment for the cost of such action without the approval of the Board, the Association , any Owner, or any mortgagee.

7.05 Payment of Assessments. (a) Each Owner shall pay his Percentage Interest of all assessments. Monthly assessments shall be payable in advance on the first (1st) day of each month, commencing with delivery of the deed to a Home. Special assessments shall be payable within then (10) days after the date the Owner is invoiced therefor.

charges and collection fees may be imposed by the Board of Directors and shall becd effective in the month following their adoption by the Board. Each Owner shall pea remain personally liable for the payment of all assessments and other charges.wh be levied against such Owner by the Association in accordance with these B unpaid assessments, together with all late charges, attorneys’ fees, collectit

ayment of all assessments and other charges.wh be levied against such Owner by the Association in accordance with these B unpaid assessments, together with all late charges, attorneys’ fees, collectit and all other costs owed thereon or in connection therewith with respeCTTO.

be collected out of the sale proceeds of such Home in accordance Paragraph (g) of the Declaration and the applicable provisjé laws of the State of Texas.

amount shall be deposited by the Association account for a period of two (2) years fr thd Sore yO POR sAideS¢row account in the event that said d{ aay Monthly or special assessment, and, in i0Mo promptly fund and reimburse the t equal to the aforesaid draw. At the end of of the Home, whichever comes first, the »w account, plus all interest earned thereon, shall be Owner.

escrow account by cashier's the two-year period, or, j principal amount rema h above, reflects the changes of the Sixth Amendment to the Bylaws, ado ,» 2003. The section was previously amended by the Third Amendmen: » adopted May 14, 1984, as set forth below.

ment of Assessments. Except as provided in Section 7.07 with respect to Owner shall pay his Percentage Interest ofall assessments. Monthly shall be payable in advance on the first (Ist) day of each month, 4g with delivery of the deed to a Home. Special assessments shall be payable within Ten (10) days after the date the Owner is invoiced therefor. Assessments In default shall bear interest from the due date thereof until paid at the maximum rate of interest permitted by law. Each Owner shall be and remain personally liable for the payment of all assessments and other charges which may be levied against, such Owner by the Association in accordance with these Bylaws. Any unpaid assessments, together with

personally liable for the payment of all assessments and other charges which may be levied against, such Owner by the Association in accordance with these Bylaws. Any unpaid assessments, together with accrued interest, attorneys' fees, collection costs and any and all other costs owed thereon or in connection therewith with respect to a Home shall be collected out of the 10/15/2003 10 sale proceeds of such Home in accordance with Article VIL Paragraph (g) of the Declaration and the applicable provisions of the condominium laws of the State of Texas.

At the time of delivery of the deed to a Home, each Owner shall be required to deposit in the form of a cashier's cheek, payable to the Association, a sum equal to the aggregate amount of three (3) months' monthly assessments. Said amount shall be deposited by the Association in a separate, interest-bearing escrow account for a period of two (2) years Jrom the date of delivery of the deed. The Association shall have the right to draw upon said escrow account in the event that said Owner becomes delinquent in the payment g any monthly or special assessments, and, in such event, the Owner shall have the obligation to promptly fund and reimburse the escrow account by cashier's cheek amount equal to the aforesaid draw. At the end of the two-year period, or, in sale of the Home, whichever occurs first, the principal amount remaining i account, plus all Interest earned thereon, shall be refunded by the Association Owner.

Developer, each Owner shall pay his Percentag assessments shall be payable in advance on the at the rate of ten per cent (10%) per ann thereof until paid. Each Owner shall ain personally liable for the payment of levied against such Owner by the $. Any unpaid assessments with accrued

e on the at the rate of ten per cent (10%) per ann thereof until paid. Each Owner shall ain personally liable for the payment of levied against such Owner by the $. Any unpaid assessments with accrued eréon with respect to a Home shail be collected eAn accordance with Section 18 of the Act and arice Premiums. Except as provided in Section 7.07 with Owner shall pay to the Association, together with and as part merit, such Owner's portion of any ad valorem, real and personal Responsibility of Developer. Prior to the first annual meeting of the Developer shall pay any excess of the actual cash Association Expenses incurred by the Association (excluding, without limitation upon. other noncash expenses, reserves, contingency allowances, and amortization) in excess of Association Receipts. Any other provision of these Bylaws to the contrary notwithstanding, the Developer shall have no obligation for assessments, taxes, insurance premiums, or any other sums, except Developer's said obligation to pay the amount by which said cash Association Expenses exceed Association Receipts. After the first annual meeting of the Owners, Developer shall pay Developer's pro rata share of all assessments, taxes, insurance premiums, and 10/15/2003 I other charges for each Home then owned by Developer for so long as Developer may own such Home.

7.08 Enforcement. All obligations of each Owner to the Association as set forth in the Declaration, the Articles, these Bylaws and any duly adopted rules and regulations of the Association may be enforced by suit at law for a money judgment and by all means provided by the Declaration, the Articles, these Bylaws, any duly adopted rules and

dopted rules and regulations of the Association may be enforced by suit at law for a money judgment and by all means provided by the Declaration, the Articles, these Bylaws, any duly adopted rules and regulations of the Association, and by any and all other remedies and means available at law and in equity. Expenses incurred in enforcing the performance of each Owner's obligations and in collecting unpaid obligations to the Association, including, by limited to, interest, costs and attorneys’ fees, shall be chargeable to the Ownerén In addition, the Association shall have an automatic lien on each Home to,ge monetary and non-monetary obligations of the Owner of such Home to the which lien shall be enforceable through appropriate judicial proceed: Association. The Association may, but shall not be required to filing an affidavit stating the amount thereof and describipg the, é Mechanic's Lien Records of Dallas County, Texas. In adflitfon to t{aToresaid automatic lien, each purchaser of a Home shall be required to gran en and a deed of trust lien on such Home to the Association, whichJiens shall Be-%co eptable in form and gtary and non-monetary obligations of the purchaser to the Association. The Associatiohmay also discontinue the furnishing of any utilities or other services to an Owner jfid NgfAny of his monetary or nonmonetary obligations to the Associ mers as set forth in the Declaration, the Articles, these Bylaws ofa adopted rules and regulations of the Association upon ten (10) days! writetl itp Q Such Owner. Any Owner in default of any of his monetary or non-meneta igatidws to the Association shall not be entitled to vote at any meeting of theXseechatten.go/long as such default exists. The Association e y Prospective purchaser or mortgagee of any

y or non-meneta igatidws to the Association shall not be entitled to vote at any meeting of theXseechatten.go/long as such default exists. The Association e y Prospective purchaser or mortgagee of any =r the Owner of such Home is current in the 7.09 No Seinen - No Owner shall be exempt from liability for his Percentage Interest of the As dn/Expenses or from any other obligation to the Association by waiver of th e ent of any of the Common Elements, abandonment of his vis, thé TAj he Association to make repairs or improvements to such Owner's on Elements, the disruption of such Owner's use of his Home or the ents by the reason of the making of repairs or improvements or otherwise, Aken to comply with any law, ordinance or order of a governmental authority, : ure or delay of the Board in preparing any annual budget or delivering a copy thereof to the Owner.

' NOTE: Sections 7.08 and 7.09, as set forth above, reflect the changes of Amendment _ Three to the Bylaws, adopted May 14, 1984. The original language is set forth below.

7.08 Enforcement. All obligations of each Owner to the Association may be enforced by suit at law for a money judgment and by all means provided by the 10/15/2003 12 Declaration, the Articles, these Bylaws, any duly adopted rules and regulations of the Association, and by law and equity. Expenses, incurred in collecting unpaid obligations to the Association, including interest, costs, and attorney fees, shall be chargeable to the Owner in default. In addition, the Association shall have a lien on each Home to secure all monetary obligations of the Owner of such Home to the Association, which lien shall be enforceable through appropriate judicial proceedings by the Association. The

ve a lien on each Home to secure all monetary obligations of the Owner of such Home to the Association, which lien shall be enforceable through appropriate judicial proceedings by the Association. The Association may, but shall not be required to, give notice of such lien by filing an affidavit stating the amount thereof and describing the Home in the Contract or Mechanic's Lien Records of Dallas County, Texas. Such Association lien shall be subordinate to any lien or liens securing any loan made in good faith for the puyt?

improvement of any Home insofar as such Association lien secures obligatiops-e prior to the consummation of a foreclosure sale or the delivery of a deed ip foreclosure of the lien securing any such loan. Any purchaser of any Ho Joreclosure sale or by deed in lieu of foreclosure of the lien securing take free and clear of such Association lien insofar as the Associatifp pa obligations to the Association or other Owners orth in the Declaration or these Bylaws upon thirty (30) days' written notice to s er. Any Owner in default in the payment of any assessment or other indebtedybsa to vote at any meeting of the Associati shall, upon the reasonable request of an Home, furnish a statement as to wh payment of his obligations ae 4 all be exempt from liability for his Percentage from any other obligation to the Association by ayy of the Common Elements, abandonment of his pn of the making of repairs or improvements or otherwise, any ypiewith any law, ordinance or order of a governmental authority, or dele Of the Board in preparing any annual budget or delivering a copy te Owner. Upon the bona fide transfer of fee title to a Home of the former home shall be relieved from liability for his contribution for the

Board in preparing any annual budget or delivering a copy te Owner. Upon the bona fide transfer of fee title to a Home of the former home shall be relieved from liability for his contribution for the penses and his other obligations hereunder accruing and becoming er the date of such transfer .

7.10 Reserves. There may be created by resolution of the Board such reserves as the Board from time to time, in its discretion, thinks proper to provide for contingencies, or to repair or maintain any portion of the Project, or for such other purposes as the Board shall think beneficial to the Association, and the Board may modify or abolish any such reserve in the manner in which it was created.

10/15/2003 13 ARTICLE VIII MAINTENANCE 8.01 Association's Responsibilities. The Association's responsibilities for maintenance are as follows: (a) The Association shall maintain, repair, operate, and replace as an Association Expense all Common Elements, both General Common Elements and Limited Common Elements, except as otherwise expressly provided herein.

(b) Without limiting the generality of paragraph (a) of this Seetiol it is expressly understood that the Association shall maintain, repair, and ref Association Expense the following Limited Common Elements: Glin here (ii) doors, hardware (except locks)\and wall$ of the storage units in the garage; and (i) the exterior surfaces of the balconies and r.

except the surface of the floors thereof: (iii) striping and marking.o parking spaces in the garage.

nyidually assigned (and other) (c) The Association shal Expense all built-in heating, ventilatiz General Common Elements not the obligation, to mainge epair, and replace as an Association Onditioning systems constituting ’ The Association shall have the right, but

all built-in heating, ventilatiz General Common Elements not the obligation, to mainge epair, and replace as an Association Onditioning systems constituting ’ The Association shall have the right, but gplace as an Association Expense all built-in stems constituting part of individual Homes, ment of filters.

ployee to perform minor maintenance and repair work within ipg but not limited to the plumbing and electrical systems frials used in such work may be charged to the individual The Association shall establish a program of planned, scheduled pcg. Emergency repairs necessary to restore function or prevent further damage ; agctomplished as soon as practical. Owners with particular requests for maintenance or repair service may present them to the Board for consideration.

(f) Without limiting the generality of any other provision of this Section 8.01 or these Bylaws, it is expressly understood that the Association shall] provide the following services, unless this Section is hereafter modified by amendment to these Bylaws: 10/15/2003 14 (i) trash removal from central storage receptacle, as specified in Section 2.05: (ii) burglar alarm system for all first floor openings, if the Association elects to install a burglar alarm system; (ili) janitorial service for all hallways and other areas used in common by the Owners; (iv) snow and ice removal from drives and walkways; (v) newspaper distribution for subscribers; [vi) package receipt and safekeeping; (vil) closed circuit television secup access devices, and regular security patrols aro (viii) annual insurance coye or risk management firm; i duty for at least 12 hours daily; leaning.

8.02 Owners' Kedy pasibylithes? Each Owner shall maintain repair, and replace at

security patrols aro (viii) annual insurance coye or risk management firm; i duty for at least 12 hours daily; leaning.

8.02 Owners' Kedy pasibylithes? Each Owner shall maintain repair, and replace at such Owner's expense Swner's Home and the surface of the floor of the balcony appurtenant-te-s j ince and repair. Owners shall exercise due care in their use with respect to of Thai of the Common B Kent If any Owner fails to carry out or neglects his responsibilities set forth in pH, the Board may fulfill the same and charge such Owner ZITO uty of Owner to Reimburse. Any Owner who through negligence or gmages any portion of the Common .Elements or otherwise necessitates any apée work or repair shall be obligated to the Association for the cost thereof and shall reimburse the Common Expense Fund for the cost of such work immediately upon demand by the Association.

8.04 Major Expenses. The Board shall not, without the prior authorization of the Association, contract for or pay out of the Common Expense Fund any one item of capital addition or improvement (other than maintenance, repair, or replacement of existing Common Elements) at a cost in excess of $15,000.

10/15/2003 15 ARTICLE IX INSURANCE 9.01 Insurance To Be Obtained by the Association. The Association shall obtain and maintain to the extent obtainable, the following insurance: (a) Fire insurance with extended coverage, and with water damage, vandalism and malicious mischief endorsements insuring all improvements, including all of the Homes and fixtures initially installed therein by Dey (but not including furniture, furnishings or other personal property suppk installed by Owners), together with all air conditioning and other sefvit machinery installed by Developer or the Association contained thé

ding furniture, furnishings or other personal property suppk installed by Owners), together with all air conditioning and other sefvit machinery installed by Developer or the Association contained thé the interests of the Association and all Owners and their mort interests may appear, in an amount equal to the full replace agee of a Home, he Association ount endorsement" shall contain a standard mortgagee clause in fava subject, however, to the loss payment provision hereinafter set forth. Such policies shall cgntain 2 endorsement" or the equivalent.

(b) Worker's compensatiQr\arld efyployer's liability insurance as may be necessary to comply with g lability insurance insuring the Association, and agents and all Owners and their employees, gginst liability for personal injury or property damage overage as the Board may deem advisable: blanket ad employees), liquor liability, independent contractors, ce, explosion, collapse and underground hazards, and nonwedAutomobiles. Said policies shall have a limit of not less than yr each occurrence with respect to bodily injury, and not less than 8Q for each occurrence with respect to property damage. All such policies vance shall contain a cross liability endorsement so as not to prejudice the of a named insured against another named insured.

(d). Such other insurance as shall be customarily obtained with respect to improvements similar in construction, location and use as those in the -Project and such other insurance as the Board shall determine to be advisable from time to time. All such policies shall provide that adjustment of loss shall be made by the Association and the net proceeds thereof shall be payable to the Association, as trustee for all Owners and their mortgagees.

10/15/2003 16

s shall provide that adjustment of loss shall be made by the Association and the net proceeds thereof shall be payable to the Association, as trustee for all Owners and their mortgagees.

10/15/2003 16 9.02 Power of Attorney. Each Owner and each owner of any interest in the Project including mortgagees hereby appoints the Association as its agent and attorney-infact to adjust all claims arising under insurance, policies purchased by the Association: and each Owner and each owner of any other interest in the Project including mortgagees hereby appoints the .Association as its attorney-in-fact and agent to collect all proceeds under insurance policies purchased by the Association. Such appointment is coupled with an interest and shall be irrevocable. As agent and attorney-in-fact, the Association shall have the right to execute and deliver any releases, acquittances, discharges and gther documents as may be necessary to effect the foregoing and shall have the further rig to institute such actions at law as it deems necessary to collect the proceeds of policies.

9.03 Certain Policy Provisions. All policies of physical damage tr contain waivers of subrogation, of any reduction of pro-rata liability, e result of any insurance carried by Owners, and of any invalidi i the insured including any Owners, and shall provide that cancelled or substantially modified without at least ten ( all of the insured, including all mortgagees of Homes. P fire insurance or any renewal thereof, the Associati insurance company or otherwise of the full replase purpose of determining the amount of fire insure Section.

9.04 Premiums. The original po en endorsements shall be held by the A es tian Ne ent value of all improvements for the ke effected pursuant to this france and copies of all

unt of fire insure Section.

9.04 Premiums. The original po en endorsements shall be held by the A es tian Ne ent value of all improvements for the ke effected pursuant to this france and copies of all rémiums for insurance policies an Association Expense and paid for by the Association out of the Ga ( perisg Fund. Any increase in premiums or additional insurance requi \rprOper use, occupancy or abandonment of a Home mer or Owners.

Wilities. Each Owner shall be responsible for obtaining SSirable, including insurance covering his furnishings and Nd covgring personal liability of such Owner and his employees, ny“insurance policy obtained by an Owner shall be such that it will psely affect or invalidate any insurance or recovery under policies ¢ Asgsociation and shall contain waivers of subrogation by the insurer as to st the Association, its officers, directors, agents, and employees and against othey Owners, members of their families and their employees, agents, and guests.

such insurance as personal property'g ARTICLE X RECONSTRUCTION OR REPAIR 10.01 Vote of Members. If less than two-thirds (2/3) of the Improvements shall be damaged by fire or any other disaster as determined by the Owners, then the improvements shall be rebuilt or repaired. If such damage shall affect more than twothirds (2/3) of the Improvements as determined by the Owners, then reconstruction shall 10/15/2003 17 not be compulsory without the unanimous consent of all of the Owners.

10.02 Plan for Reconstruction. Any reconstruction or repair of the Project or any Home located therein shall be substantially in accordance with the Declaration and the original plans and specifications for the Project unless the Owners shall unanimously decide otherwise.

ct or any Home located therein shall be substantially in accordance with the Declaration and the original plans and specifications for the Project unless the Owners shall unanimously decide otherwise.

10.03 Repair of Homes. Each Owner shall be responsible for the reconstructi repair, or replacement of his Home, including but not limited to the floor coverings, coverings, window shades, draperies, interior walls, furniture, furnishings, deco light fixtures, and all appliances located therein. Each Owner shall also be reape for the costs, not otherwise covered by insurance carried by. the Associatiog reconstruction, repair, or replacement of any portion of the Project necessitg negligence or misuse or the negligence or misuse by his guests, age contractors. In the event damage to all or any part of an owner's Hat begin reconstruction or repair of such damage upon pa ysurance proceeds or any portion thereof by the Association to the Owner and h ge, subject to the rights of the Association to supervise, approve, ordisapprove reconstruction or repair during the course thereof, in the event da : Home is not covered by insurance held by the A for the benefit of such Owner, Home within sixty (60) days z Association to supervise, le after the occurrence of a casualty éct for which the Association has insurance, estoring all damage caused by the Casualty to the ts\(héfeinafter referred to as the "Common Element Costs"): and Cost of restoring that part of the damage caused by the Casualty § which is or would be covered by insurance held by the Association egard to the policy limits of such insurance (hereinafter referred to as ance proceeds available to the Association with respect to the Casualty shall first

overed by insurance held by the Association egard to the policy limits of such insurance (hereinafter referred to as ance proceeds available to the Association with respect to the Casualty shall first be applied to the payment of the actual Common Element Costs and the balance thereof, if any, shall thereafter be applied to the payment of the actual Home Costs. However, if such insurance proceeds are not sufficient to cover such estimated costs, then an assessment shall be made against the Owners by the Association in the following manner: (i) All Owners shall be assessed on the basis of their Percentage interest for the payment of the estimated Common Element Costs not otherwise 10/15/2003 18 paid for by insurance held by the Association.

(ii) Each Owner of a damaged Home shall be assessed an amount equal to the difference between his estimated Home Costs and a sum calculated by multiplying the amount, if any, of the insurance proceeds held by the Association available for paying Home Costs by a fraction, the numerator of which is his estimated Home Costs and the denominator of which is the total of all of the estimated Home Costs 10.05 Construction Trust Fund. The proceeds of insurance collected ona of a Casualty and the sums received from collections of assessments against Qudit deposited in a separate bank account and not commingled with any othe Association and shall be .disbursed in payment of the costs of reconstfucti tfepair in the following manner: (a) If the responsibility of reconstructio as above provided, such proceeds shall be paid b and the mortgagee of the damaged Home g and expenses, provided that if thé exceed $25,000, such funds supervise the wor did except upon approval of an architect

aid b and the mortgagee of the damaged Home g and expenses, provided that if thé exceed $25,000, such funds supervise the wor did except upon approval of an architect as and employed by the Association to albe in an amount less than the assessments paid by such Owner ction fund, such distribution shall be made payable to such Owner portgagee of such Home shall be entitled to receive the award for such taking, and after acceptance thereof the Owner and his mortgagee shall be divested of all interest in the Project if such Owner shall vacate his Home by virtue of such taking. If any repair or rebuilding of the remaining portions of the Project is required as a result of such taking, a majority in Percentage interests of the remaining Owners shall determine by vote or written consent whether to rebuild or repair the Project or to take such other action as such remaining Owners deem appropriate. The remaining portion of the Project shall be resurveyed and the Declaration and Exhibits A and B thereto shall be amended 10/15/2003 19 as provided in Article VII, paragraph (f) of the Declaration, to reflect such taking and to readjust proportionately the Percentage Interests of the remaining Owners based upon a continuing total ownership of the Project of one hundred per cent (100%).

ARTICLE XI RESTRICTIONS 11.01 Use. Each Home shall be used and occupied for residential purposes 0 provided, however, that this restriction shall not apply to any use of a Home, which exists on or prior to the effective date of this section, as amended. Neither the Géner’ Common Elements nor the Limited Common Elements may be used or occupie business or nonresidential purpose; provided, however, that the Association offices within the General Common Elements.

he Géner’ Common Elements nor the Limited Common Elements may be used or occupie business or nonresidential purpose; provided, however, that the Association offices within the General Common Elements.

alterations, modifications or improvements (whether st Home, including, but not limited to, the erection of antertna installation of any reflective or other material on tke windd painting or redecorating of any exterior walls, th ement of any objects on the roof, the placement of any other exterior attachments, the rtaking of any work in his Home which would jeopardize the soundness or safe ct, reduce the value of the Project or impair any easement thereon(Oy ap thereto, or the enclosure, by means of screening or otherwise, of any n or terrace, without the prior written approval of the Board, which approy, eld for any reason. If the Board shall fail to approve or disapprove, , modifications or improvements in writing within thirty (30) dayaff ipt Hf a written request for such approval or wd ave approved the alteration, modification or shall not approve any alterations, improvements, would jeopardize or impair the soundness, safety or Owner who makes alterations, modifications or decorations or modifica appearance of the Pre} improvements of £ Project or any ions 11.01 and 11.02, as set forth above, reflect the changes of Amendment Bylaws, adopted May 14, 1984. The original language is set forth below.

11.01 Use. Each Home shall be used and occupied only as a single-family residence, provided that Developer may use such Homes as may be owned by it from time to time as sales offices and models; provided further that the Association may purchase, own or lease any Home for the residence or office of a manager or building

omes as may be owned by it from time to time as sales offices and models; provided further that the Association may purchase, own or lease any Home for the residence or office of a manager or building superintendent or engineer, and the Association may also maintain offices within the General Common Elements.

10/15/2003 20 11.02 Modification of Homes. Afier completion of construction of the improvements, no Owner except Developer shall make structural or externally visible alterations to his Home, including but not limited to the erection of antennas, aerials, awnings, the installation of any reflective or other material in the windows of the Improvements, the painting or redecorating of any exterior walls, the placement of any objects on the roof, or other exterior attachments, or undertake any work in his Home which would jeopardize the soundness or safety of the Project, reduce the value of th Project or impair any easement thereon or appurtenance thereto, or enclose, by me of screening or otherwise, any balcony, yard or terrace, without the Prior written of the Board (which may be withheld for any reason). The Board shall not ap alterations, decorations or modifications which would Jeopardize or impajx soundness, safety or appearance of the Project. No Home may be subdivide conveyed to separate Owners except by Developer (although several# wNyIaown undivided interests in an entire Home).

11.03 Leasing. Any Owner may lease his entire If riot rooms), subject to the use restriction specified in Section 11.01 and all othek isiops pf the Declarations the Articles, these Bylaws, and the rules and regulations pre ei from time to time by the Association, provided that each such leas&ndst be in writing and a signed copy her that the occupancy of the and temporary nonpaying

laws, and the rules and regulations pre ei from time to time by the Association, provided that each such leas&ndst be in writing and a signed copy her that the occupancy of the and temporary nonpaying lease of a Home shall provide that the terms of said lease shall be subje Articles, these Bylaws, and the rules ylations promulgated pursuant hereto, and that any failure by the lessee te.c 0 the lease. YS CX ‘ immoral, improper, unlawful or offensive activity shall be carried on in ag aMdory pon or within the Common Elements, nor shall anything be done whieh-crdatés.a poor appearance or may be or become an annoyance or a nuisance to the Owhexolany other Home or which might damage another Home or the Common Element 11.04 Imprope } Signs. No signs or other advertising devices shall be displayed which are yh the exterior of any Home or on the Common Elements, including "For Sale" signs, except in conformity with rules and regulations promulgated by the Association; provided that Developer may display project identification and sales information signs so long as Developer owns any Home.

11.06 Use of Common Elements. The Common Elements shall not be used .for storage of supplies, personal property, trash or refuse of any kind except in common trash receptacles placed at the discretion of the Directors, nor shall the Common Elements 10/15/2003 21 be used in any way for the drying, shaking or airing of clothing or other fabrics. Stairs, entrances, sidewalks, yards, driveways, and parking areas shall not be obstructed nor shall unauthorized persons use them for other than their intended purposes. In general, no activities shall be carried on nor condition maintained by any Owner either in his Home or upon or within the Common Elements which despoils the appearance of the Project.

ded purposes. In general, no activities shall be carried on nor condition maintained by any Owner either in his Home or upon or within the Common Elements which despoils the appearance of the Project.

11.07 Maintenance of Homes. Each Owner shall maintain his Home in clean, safe, and sanitary condition. Each Owner shall also use due care to avoid damaging any of the Common Elements or any other Home and each Owner shall be. obligated to reimburse the Association for any costs incurred by the Association in repairing damaged caused by such Owner's negligence or misuse of any of the Commop+ “Contracting Owner“) agrees to indemnify the other O all loss and expense, including attorneys' fees, incurred b under the Contracting Owner or his agents, con 11.09 Regulations. Rules and regulatignes be promulgated from time to time by th€Boa lessees, licensees, invitees, and employe 11.10 Access. The Associ ((3 avénts shall have access to each Home from time to time during reasonable , upon notice to its Owner, as may be necessary for the maintend e réplacement of any of the Common Elements or other Homes. The Ass gzents shall also have access to each Home at all times without notice a essary to make emergency repairs to prevent damage to the Common Eleme another Home.

eloper. Any provision hereof which might be construed to the Developer may use any Home owned by Developer and the » facilitate and complete the development of the Project and the sale exCavation, trading, landscaping, packing, storage, and sales activities; (b) ance and operation of sales offices and model homes for sales purposes; and play of signs to aid in the sale of unsold Homes.

11.12 Pets. No animals shall be kept within the Project, except that any Owner

and operation of sales offices and model homes for sales purposes; and play of signs to aid in the sale of unsold Homes.

11.12 Pets. No animals shall be kept within the Project, except that any Owner may keep a reasonable number of household pets subject to the rules and regulations of the Association. Any such household pets shall be kept on leashes at all times that they are within the Project. It shall be the obligation of each Owner keeping a pet within the Project to control it in accordance with the regulations of the Association. Each Owner keeping a pet within the Project shall be obligated to the Association and any other 10/15/2003 22 Owner for any damage done by the animal to the Common Elements or the Home. of.

such other Owner, respectively.

11.13 Occupancy. No Home shall be occupied for living or sleeping purposes by more persons that it was designed to accommodate safely. For the. purpose of the foregoing sentence, each Home shall be deemed to have been designed to accommodate safely a maximum of two permanent occupants per bedroom.

11.14 Enforcement. The Board shall be empowered to compel compliance Owners and to punish Owners for noncompliance with the Declaration, the Artigfe Bylaws and all duly adopted rules and regulations of the Association by all lega including the imposition of fines, the suspension of rights to use the Generg Elements and of voting rights, without abatement of assessments, plus alhgt and remedies available to the Board at law, in equity and under the Déclarath Articles, these Bylaws and any duly adopted rules and regulations @f (be s9 NOTE: Section 11.14, as set forth above, reflects the c es of fird Amendment to the Bylaws, adopted May 14, 1984. The original lan is set forth below.

11.14 Enforcement. The Board shall be ®

@f (be s9 NOTE: Section 11.14, as set forth above, reflects the c es of fird Amendment to the Bylaws, adopted May 14, 1984. The original lan is set forth below.

11.14 Enforcement. The Board shall be ® Owners and to punish Owners for noncompliance ¥ qwered to Compel compliance by of rights to use General Common Elenents anapptingyights, without abatement of assessments.

sOgiation. Any Owner who mortgages his Home shall e and address of the mortgagee, and the Association STS mortgagee of an coors gssessments due from the Owner of such Unit at the same time \Inakes demand on the Owner of the Home for payment of such failure of the Association for any reason to so notify such mortgagee any of the Association's rights against the Owner of the Unit.

2.02 Notification of Mortagees. The Association shall, upon request of any gagee“appearing in the records described in Section 12.01 notify such mortgagee of the name of each company issuing any policy of insurance obtained by the Association.

ARTICLE XIII DEFAULT 13.01 Definition. Failure by any Owner to comply with any provision of the 10/15/2003 23 Declaration, the Articles, these Bylaws or any of the duly adopted rules and regulations of the Association shall constitute an event of default by such Owner and shall be grounds for relief) which relief shall include) without limitation, the institution of a suit at law or in equity, the collection of all unpaid amounts plus accrued interest, foreclosure of the lien on said Owner's Home as described in Section 7.08 hereof, plus all other remedies available to the Association at law, in equity or under the Declaration, the Articles, these Bylaws and any duly adopted rules and regulations of the Association.

13.02 Costs. The Association shall be entitled to recover from any Owner w

in equity or under the Declaration, the Articles, these Bylaws and any duly adopted rules and regulations of the Association.

13.02 Costs. The Association shall be entitled to recover from any Owner w commits a default all costs Incurred by the Association on account of such defa including) but not limited to, attorneys’ fees, collection costs and other na A * dient th DALOW.

13.01 Definition. Failure by any Owner to comply, Declaration, the Articles, or these Bylaws or duly adoptek A kegulations of the Association shall constitute an event of default by such Own relief, which may include without intending to limjathe san¥ due for damages and injunctive relief, or any co _ NOTE: Sections 13.01 and 13.02, as set forth above, reflect the changes 0 Three to the Bylaws, adopted May 14, 1984. The original language ig 13.02 Costs. The Association shall bef commits a default all costs incurred by including reasonable attorneys' fees and enforce any right or provisigty ty-beranted by the Declaration, the Articles, these Bylaws or rules and tHe Association shall not constitute a waiver of the right of the Associa r any such Owner to enforce such right or provision in the future.

ARTICLE XIV AMENDMENT st annual meeting of Owners, these Bylaws may be amended by the gafter, these .Bylaws (as opposed to the Declaration) may be amended ¢ at a meeting of the Owners, upon the affirmative vote of a majority of age Interests of the Owners present at such meeting, including Developer if g Owns five (5) or more Homes. Any amendment must be in writing and must be duly recorded. Nothing herein shall authorize any amendment which shall (a) discriminate against any Owner or any person or entity contractually bound to purchase

ndment must be in writing and must be duly recorded. Nothing herein shall authorize any amendment which shall (a) discriminate against any Owner or any person or entity contractually bound to purchase any Home from Developer unless such Owner, person or entity shall consent in writing; (b) change any Home or increase any Owner's proportionate share of the Association Expenses unless the Owner of the Homes concerned or any person or entity contractually bound to purchase such Home from Developer and all mortgagees of such Home shall consent in writing; (c) impair the rights of any mortgagee of any Home unless such 10/15/2003 24 mortgagee shall consent in writing; (d) impair the rights or increase the obligations of Developer unless it shall consent in writing: or (e) be prohibited by any statute or law.

ARTICLE XV MISCELLANEOUS 15.01 Limited Liability, Indemnification. Neither Developer, the Association, the Board, nor any officer, agent, or employee of any of the same shall be liable to the Association or any Owner for any action or failure to act with respect to any matter long as such person or entity was not guilty of gross negligence or willful misco taking such action or failing to act. The Association shall indemnify any Dire q ration to matters as to which such person shall be adjudged in such action, peding to be liable for gross negligence or willful misconduct in the performan ¥. The Association may also reimburse to any Director, officer or entplOyee the reasonable costs of settlement of any such action, suit or proceedings, 1 hall be found by a majority of a quorum, that it was to the interests of s 2 that such Director, officer or employee was k of gross negligence or willful misconduct. Such rights of indemnification and téimbursement shall not be deemed

uorum, that it was to the interests of s 2 that such Director, officer or employee was k of gross negligence or willful misconduct. Such rights of indemnification and téimbursement shall not be deemed exclusive of any other rights ig iteCtor, officer, or employee may be entitled by law or under any Bylaw ap 15.02 Checks.

shall be signed by suc not limited to the manage almiay be used by causing it or a facsimile thereof to be impressed sed or otherwise.

15.05 Severability. If any provision of these Bylaws is held to be partially or wholly invalid or unenforceable for any reason whatsoever, such holding shall not affect or impair in any manner whatsoever any other provision hereof or the remaining portions of any provision held to be partially invalid or unenforceable.

15.06 Table of Contents; Headings. The table of contents and headings used in these Bylaws have been inserted for convenience only and do not constitute matter to be 10/15/2003 25 construed in interpretation.

15.07 Number and Gender. When used in these Bylaws, the singular shall include the plural and the plural the singular, and words of any gender shall include all other genders, as the context may require.

15.08 Successors and Assigns. These Bylaws shall be binding upon and shall inure to the benefit of all Owners, the Association, the Directors, and the officers of t Association, and their respective heirs, legal representatives, successors and assigns.

ADOPTED as of the 9" day of March, 1981.

U. S. LEND LEASE S By _/s/ s STATE OF TEXAS § § © Qos ia butt ify foregoing instrument, purposes and considera?

and in the capacity therej edged to me that he executed the same for the expressed, and as the act and deed of said corporation, Notary public in and for

purposes and considera?

and in the capacity therej edged to me that he executed the same for the expressed, and as the act and deed of said corporation, Notary public in and for Dallas County, Texas Teresa M. Taylor (Print Name of Notary 10/15/2003 26 EIGHTH AMENDMENT TO THE BYLAWS OF THE BEVERLY ON TURTLE CREEK CONDOMINIUMS STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS § THIS EIGHTH AMENDMENT TO THE BYL F fac) ON TURTLE CREEK CONDOMINIUMS (“this Eighth Aténdm i the 6" day of October, 2011, The Beverly on Turtle Creek Gondo um Association (“the Association”).

WITNESS Condominium Declaration [for] The Beve e Creek Condominiums at Volume 81049, Page 1306 ef seg. of the real prone rds of Dallas County, Texas, on or about March 9, 1981 (“the DeCharat WHEREAS, U. S. Lend Lease *) recorded that certain oBylav e Beverly on Turtle Creek Condominiums are attached to the Declaratidrfy ib (“the Bylaws’); and amended at a meefi et e ers upon the affirmative vote of a majority of the ts w{the Owners present at such meeting; and NOW, THEREFORE, the Bylaws are hereby amended as follows: 1. Amend Article LX, Section 9.01(a) by deleting it entirely and replacing it with the following: Beverly Bylaws _ Eighth Amendment : INSURANCE 9.01 Insurance To Be Obtained by the Association. The Association shall obtain and maintain to the extent obtainable, the following insurance: (a) Fire insurance with extended coverage, and with water damage, vandalism and malicious mischief endorsements insuring all improvements, including all of the Homes and Improvements and Betterments installed by Owners and fixtures initially installed therein by Developer (but not including furniture furnishings or other personal property supplied or installed by Owners

provements and Betterments installed by Owners and fixtures initially installed therein by Developer (but not including furniture furnishings or other personal property supplied or installed by Owners together with all air conditioning and other service machinery insta Developer or the Association contained therein, covering the i of a Home, subject, however, to the loss pa Association hereinafter set forth. Such policie an “agreed amount endorsement” or its equivalent e ary,an “increased cost of construction endorsement” or “contin jability from operation of building laws endorsement” or equivalent.

IN WITNESS WHEREOF, then deftsigf¢&, officer has executed this Eighth Amendment as of the date above mace \“S TURTLE CREEK Se M ASSOCIATION a Grover Hartt, III Its: President SS, ACKNOWLEDGEMENT EXAS OF DALLAS : BEFORE ME, the undersigned authority, a Notary Public in and for the said county and state, on this day personally appeared Grover Hartt, III, President of The Beverly on Turtle Creek Condominium Association, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he had REE EAN Beverly Bylaws — Eighth Amendment Page 2 executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of the said association.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this i” “day of October, 2011.

AFTER RECORDING RETURN TO: Worth Ross Management Co., Inc.

3710 Rawlins Street, Suite 850 Dallas, Texas 75219 iled and Recorded Official Public Records John F. Warren, County Clerk Dallas County, TEXAS 02/09/2012 10:51:20 AM $236.00 201200036291 » TTT Beverly Bylaws — Eighth Amendment Page 3