§ COUNTY OF TARRANT § I, Michael L. Sullivan, President of The Courts of Canterbury Forest Homeo Inc., A Texas Non-Profit Corporation (“Association”), submit the Association's Manag which supersedes any prior management certificates filed for the Association: Page 1 of 70 THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC., A TEXAS NON-PROFIT CORPORATION MANAGEMENT CERTIFICATE STATE OF TEXAS § Common Name of Subdivision: The Courts of Canterbury } 2 Legal Name of Association: The Co Association, Inc.
Instrument Number D190029412 Restrictions for The Courts of CantefR Forest Declaration of Covengfits, Restrictions for The’Co Q Forest II D192177236 ichael L. Sullivan, President Brian Himpelmann, VP Caroline Sherman, Secretary Kevin Grimes, Treasurer All c/o The Courts of Canterbury Forest Homeowners Association, Inc., a Texas Non-Profit Corporation Canterbury Forest HOA P.O. Box 1733 Page 2 of 70 Keller, TX 76244 5. Corporation Organizational Documents: Articles of Incorporation filed January 13, 1995 Filing No. 134105401 (Canterbury Forest Homeowners Association, Inc.)
Exhibit 'A' Pertificate of aeons hoe [Mey 3 20/ 7, Filing Number DA/'7 098 804 (Name changed to "The ae of Canterbury Forest Homeowners Association, Inc.") Exhibit 'B' By-Laws of the Association.
Exhibit 'B' 6. The Association also has filed An Adoption of P 209 of the Texas Property Code.
Exhibit 'C' hapters 202 and This Property Owners’ Management Certificate ddes not claim to identify all publicly recorded documents for the Association. This document’s purpose identify and provide contact information for the Association and its Members.
Cenmiricarion ann : ER PacE STATE OF TEXAS § COUNTY OF TARRANT ent e Courts of Canterbury Forest Homeowners Association,
e identify and provide contact information for the Association and its Members.
Cenmiricarion ann : ER PacE STATE OF TEXAS § COUNTY OF TARRANT ent e Courts of Canterbury Forest Homeowners Association, srsonally certify that the foregoing policies were, within my Asso¢iation, Inc., a Texas Non-Profit Corporation at a Special Meeting and. properly called for the purpos ; adoption of these Michael L. Sullivan, President Date: §/3//7 ACKNOWLEDGEMENT STATE OF TEXAS § 7 CHARLES uplic COUNTY OF TARRANT § \ B) My Comm. EXP 47-3 Canterbury Forest Homeowners Association, inc., a Texas Non-Profit ‘Corporation, whom I identified by examining his Texas Driver’s License, appeared before the undersigned authority and acknowledged that he signed the foregoing Certification on behalf of said Non-Profit Corporation for the purposes and consideration set forth therein.
Page 3 of 70 Notary Public, State of Texas 10678.45001 | 421985 Tue Courts of Cantersury Forest - MANAGEMENT CERTIFICATE Page 1 of 4 S\ S S Page 4 of 70 . tae ppserute 4 sf ARTICLES OF INCORPORATION [995 OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC.
I, the undersigned natural person of the age of eighteen (18) years or more, a citizen of the State of Texas, acting as incorporator of a corporation under the Texas -Profit Corporation Act, do hereby adopt the following Articles of Incorporation for such tion.
ARTICLEI _ The name of the corporation is CANTERBURY FOR WNERS ASSOCIATION, INC. (hereinafter referred to as the "Association" © ARTICLE II The Association is a non-profit corporation.
ARTI ‘ : Cc ; The period of its duration is pe: 5 (o> eo is located at 904 Canterbury Lane, Keller, Texas ARTICLE V \whose address is 904 Canterbury Lane, Keller, Texas 76248, is
TI ‘ : Cc ; The period of its duration is pe: 5 (o> eo is located at 904 Canterbury Lane, Keller, Texas ARTICLE V \whose address is 904 Canterbury Lane, Keller, Texas 76248, is al registered agent of this Association. — ARTICLE VI iation does not contemplate pecuniary gain or profit to its Members. The urposes for which the Association is formed are to provide for the maintenance, erva and management of the residence Lots and Common Area on that certain ‘tract of property described in Exhibit "A", attached hereto and made a part hereof, as shown in a plat recorded in Cabinet A, Page 1074, Plat Records, Tarrant County, Texas (hereinafter referred to as the “Properties") as more fully described in that certain Declaration of Covenants, Conditions and Restrictions (the "Declaration") filed in Volume 10773, Page 643, et. seq., Deed Ly -lPage 5 of 70 Records of Tarrant County, Texas, and for any and all other property which is accepted by this Association for similar purposes, and to promote the health, safety and welfare of the residents within the Properties and all other property which is ae by this Association for similar a. To exercise all of the powers and privileges and perform all of the duties and obligations of the Association as set forth in the Declaration, as same may be amended from time to time, the Declaration being incorporated herein as if set forth at length; b. To fix, levy, collect and enforce payment by any lawful means, a) assessments pursuant to the terms of the Declaration and/or Bylaws; and all expenses in connection therewith and all office and other expe conduct of the business of this Association including all licenses, tag charges levied or imposed against the property of this Associ
all expenses in connection therewith and all office and other expe conduct of the business of this Association including all licenses, tag charges levied or imposed against the property of this Associ disbursements, expenditures and payments on behalf. of the required by the Declaration and the Bylaws of the Associa said property Owners reserves for periodic /re improvements to be made as directed by the prope of Directors of the Association; c. To acquire by gift, purchase or o i , t0 own, hold, improve, build upon, operate, maintain, convey, sell; lease, dispose of real or personal property ten’ with the affairs of this Association subject to the limitations, if anf Ae Declaration; d. To borrow money, 21 s assent of two-thirds (2/3) of each class of Members, mortgage, q ate any or all of its real or personal property as security for mopéy ed-er debts incurred, subject to the limitations, if. any, set aria gement, upkeep, maintenance, repair and care of the Common aided in the Declaration and those Additional Properties described o ificur or assume obligations and duties to the City of Keller, Texas, or any emmental authority, regarding the development, operation and maintenance of ommon Properties and any improvements within the common Properties and those itional Properties described herein; h. To eater into and perform any contract and to exercise all powers which may be necessary or convenient to the operation, management, maintenance and administration of the affairs of the Association in accordance with the Declaration; -2Page 6 of 70 i. To have and to exercise any and all powers, rights and privileges a corporation organized under the Non-Profit Corporation Law of the State of Texas, may now or hereafter exercise;
-2Page 6 of 70 i. To have and to exercise any and all powers, rights and privileges a corporation organized under the Non-Profit Corporation Law of the State of Texas, may now or hereafter exercise; k. To participate in mergers and consolidations with other nonprofit organized for the same purposes or annex additional residential propetty. and ‘Properties, provided that any such merger, consolidation or annexg '. assent of two-thirds (2/3) of each class of Members. ° ARTICLE VII Every Owner of a Lot shall be a Member of the Associafioh. Membership shall be | appurtenant to and shall not be separated from ownership'of * the right at all reasonable times during business bours to indpe Every Member shall have CEASS A: interests in any Lot, 2 exercised as they, amgng Age ass BvMembers shall be any bona fide Owner who is engaged in the process of const a residential dwelling on any Lot ‘for sale to consumers. Class B Members shall beytenvoting members of the Association. The Class B membership shall cease, dos B Me nber shall become a Class A Member: ' when the total number of votes outstanding in the Class A membership the total number of votes outstanding in the Class C membership; or (ii) _ on the tenth (10th) anniversary of the date hereof, whichever occurs first Page 7 of 70 CLASS C: The Class C Member shall be Declarant. The Class C Member shall be entitled to six (6) votes for each Lot which it owns and for each Lot owned by all Class B Members."
Notwithstanding the aforementioned voting rights within the Association and consistent with the provisions of Section 12.02 of the Declaration, until: (a) Declarant no longer owns: (i) _ record title to any Lot; and (ii) a lien interest in any Lot; and (tii) title to any adjoining acreage intended to-be Sloped as an
12.02 of the Declaration, until: (a) Declarant no longer owns: (i) _ record title to any Lot; and (ii) a lien interest in any Lot; and (tii) title to any adjoining acreage intended to-be Sloped as an additional section or phase of Canterbury Forest; or (©) ’ s (b) January 1, 2020.
whichever occurs first in time, neither the Association no shall take any action or inaction with <espect to any matter wha sent and approval of the ard of Directors of the Association (the "Board"), and the Board shall, by mg except when membership vets ‘atte Incorporation or Bylaws of pheCAssociati Board of the Associations two’(2) and ¢d pursuant to the Declaration, the Articles of The number of Directors constituting the initial 904 Canterbury Lane Keller, Texas 76248 904 Canterbury Lane Keller, Texas 76248 Association may make whatever rules and bylaws it deems desirable to govern the Association its members, provided, however, any conflict between such bylaws and the provisions hereof shall be controlled by the provisions of the Declaration.
icine — ADDRESS —— sat c™ Page 8 of 70° ARTICLE X The name and street address of the incorporator is: NAME ADDRESS Douglas H. Gilliland 904 Canterbury Lane Keller, Texas 76248 _ ARTICLE XI All terms as used herein, such as (but not by way of limitation) * “Lot,” "Common Properties," “Member” and "Declarant," shall hav forth in the Declaration.
ARTICLE XII exSdna Association for monetary damages for an act or omission in the Director's Capa — as a Director, except that this ility we or for (1) a breach of a Director’s not in good faith or that involves intentional misconduct or a knowing vidiafje received an improper benefit, sihiesitet 0 the scope of the Director’s CECE, or(4 3 erthe amendment or peal of this Article shall
od faith or that involves intentional misconduct or a knowing vidiafje received an improper benefit, sihiesitet 0 the scope of the Director’s CECE, or(4 3 erthe amendment or peal of this Article shall ¢/in respect of any matter occurring, or any cause of ATucle, would accrue or arise, prior to such amendment » rporation Act-or the Texas Miscellaneous Corporation action, suit or claim the or repeal. If the Te Laws Act is herei d vauthieize corporate action further eliminating or limiting the ersonal li -then—-the-liability—-of-a—Director-of-the—Association—shall-be---—----——eliminated or lin Hest extent permitted by the Texas Non-Profit Corporation Act or the Texas Gorporation Laws Act, as so amended from time to time ARTICLE XM Association shall indemnify, to the extent provided in the following ps,jany person who is or was a director, officer, agent or employee of the Association.
In t the provisions of indemnification set forth below are more restrictive than the provisions of indemnification allowed by Article 1396-2.22A of the Texas Non-Profit Corporation Act, then such persons named above shall be indemnified to the full extent permitted by Article 1396-2.22A of the Texas Non-Profit Corporation Act as it may exist from time to time.
-5Page 9 of 70 -@) In case of a threatened or pending suit, action or proceeding (whether civil, criminal, administrative, or investigative), against a person named in paragraph (A) above by reason of such person’s holding a position named in such paragraph (A), the Association shall indemnify such person if such person satisfies the standard contained in paragraph (C), for amounts actually and reasonably incurred by such person in connection with the defense or
Association shall indemnify such person if such person satisfies the standard contained in paragraph (C), for amounts actually and reasonably incurred by such person in connection with the defense or settlement of the suit as expenses (including court costs and attorneys’ fees), amounts paid in settlement, judgments, penalties (including excise and similar taxes) and fines.
(C) A person named in Paragraph (A) above will be indemnified onlyIf it is determined in accordance with Paragraph (D) below that such person: (1) acted in good faith in the transaction which is the subjeg (2) ‘reasonably believed: (a) if acting in his or her official capaci r, Officer, agent nduct was in the (6). in all other cases,that his or her conduct was unlawful. (7 The termination of a proceeding by j nolo contendere or its equi i to satisfy the standard conte; @) A deter be made: the vote are not ne if such quorum cannot be obtained, by a majority vote of a committee of the irettors, designated to act in- the matter by a majority vote of all Directors, i ‘of two or more Directors who at the time of the vote are not named defendants ts in the proceeding; or (3) by special legal counsel selected by the Board of Directors or a committee of the Board by vote as set forth in subparagraphs (1) or (2) above, or if such quorum cannot be obtained and such a committee cannot be established, by a majority vote of all Directors.
-6Page 10 of 70 (E) Determination as to reasonableness of expenses must be made in the same manner -as the determination that indemnification is permissible, except that if the determination that indemnification is permissible is made by special legal counsel, determination as to
in the same manner -as the determination that indemnification is permissible, except that if the determination that indemnification is permissible is made by special legal counsel, determination as to reasonableness of expenses must be made in the manner specified by subparagraph (D) (3) above for the selection of special legal counsel.
(F) The Association may reimburse or pay in advance any reasonable expenses (including court costs and attorneys’ fees) which may become subject to indemnification under paragraphs (A) through “) above, but only in accordance with the pias | as as oe in obligation of the person but need not be secured. It may be 2 financial ability to make repayment.
(G) The indemnification provided by paragrap ) (E) above will not be exclusive of any other rights to which a person may be en bylaw, agreement, vote of Members or disinterested Directors, or otherwa (H) The indemnification and advanc vided by Paragraphs (A) through (F) above will continue as to a person id a position named in paragraph (A) above and will inure to such person’s d administrators.
ang maintain insurance on behalf of any person aragraph (A) above against any liability incurred g out of such person’s status as such, whether or © The Association may pun who holds or has held any pogitton han by ‘such person in any st such’ pesifion,\o payments.-and- advance -payments-made—under-paragraphs--(A)--——----— Sported in writing to the Members of the Association at the next — f annual meeting, or within twelve months, whichever is sooner.
appropriate public agency to be used for purposes similar to those for which this Association was created. In the event such dedication is refused acceptance, such assets shall be granted,
is sooner.
appropriate public agency to be used for purposes similar to those for which this Association was created. In the event such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes.
ape erence ES Page 11 of 70 ARTICLE XV Amendment of these Articles shall require the assent of seventy-five percent (75%) of the entire membership.
IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Texas, I the undersigned, constituting the Incorporator of this Association, have we, roe chy Page 12 of 70 FIRST AMENDED AND RESTATED DECLARATION OF, COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FOREST, An Addition to the City of Keller, Tarrant County, Texas WHEREAS, on February 20, 1990 SOUTHERN VENTURES JOINT Texas Joint Venture, ("Declarant") filed in the Tarrant County Real Prope COURTS OF CANTERBURY FOREST, subsequently assigned Inst (“Original Declaration”) which applied to certain real property de thereto (referred to herein as "Phase I"); and WHEREAS, on September 14, 1992 SOUTHERN Texas Joint Venture, filed in the Tarrant County Real Property Re COVENANTS, CONDITIONS AND REST NS FOR THE COURTS OF CANTERBURY FOREST II, subsequently assigned ent No. D192166236 (“Original Declaration - Phase II”) which applied to certain pég scribed in Exhibit "A" attached thereto (referred to herein as "Phase II"); axd> omeowners Association, Inc., a Texas bé the name of the Owners’ association under 6rmed the non-profit corporation which was to be the
bit "A" attached thereto (referred to herein as "Phase II"); axd> omeowners Association, Inc., a Texas bé the name of the Owners’ association under 6rmed the non-profit corporation which was to be the Declarations under the incorrect name, "Canterbury Forest Declarant no longer owns any lot or other real property interest in the ies\ceVered under either Declaration and does not possesses any voting rights; AS, certain Owners and the Board of Directors of the Association resolved that the nay the Association be changed to conform to the name set forth in the Declarations and, additionally, that the Declarations be amended as to certain provisions which included but was not limited to combining the Declarations into a single Declaration covering the First Phase and Phase II and which would, as amended, improve, expand, provide for the preservation of the values and amenities on the Property, provide for proper maintenance of the common areas, open spaces and other facilities and comply with recent amendments to portions of the TexasProperty Code applicable to property owners associations such as the Association, and to this end desire to 2016 Final Page 1 of 26 Page 13 of 70 subject the Property to the covenants, conditions and restrictions set forth below, each and all of which are for the benefit of the Property and each Owner; and WHEREAS, a proposed change of the Association's name and a proposed amended declaration were provided to the Owners of the lots in the First Phase and Phase II along with a proper and timely notice (a true and correct copy of the notice without the attachments is attached hereto as Exhibit ‘B’) of the date, time and place of a meeting of all the Owners to consider and vote whether or not to adopt the proposed name change and the amendments;
the attachments is attached hereto as Exhibit ‘B’) of the date, time and place of a meeting of all the Owners to consider and vote whether or not to adopt the proposed name change and the amendments; WHEREAS, the meeting was called to order and it was established that a q present in person or by proxy; and WHEREAS, the proposed name change and amended declaration we CO, ed for consideration and adoption; and and provisions of the WHEREAS, after a full discussion regarding the nam¢ chang proposed amended declaration, there was a motion approve {thd approve the proposed amended declaration to be entitled, i Restated Declaration of Covenants, Conditions and Forest, an Addition to the City of Keller, Tarrant Co WHEREAS, the vote of more than « seventy-five percent (75%) was in favor ef eh of Canterbury Forest Homeowne Amended and Restated Declarg 0n,\Ific. and in favor of adoption of the First 5, Conditions and Restrictions for The Courts of Keller, Tarrant County, Texas (hereinafter the Secretary of the Association is directed to maintain in the Association's the Notice of the meeting and all records reflecting the vote of the Owners, to a (ty and to distribute copies of the executed First Amended Declaration to all Owners by hand delivery or by mail. It was further declared that First Amended Declaration shall run with the Property and shall be binding on all parties, now or in the future having any right, title or interest in or to the Property, any Lots or any part the Property, and shall further be binding on their heirs, successors and assigns, and shall inure to the benefit of the current and future Owners.
2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTPage 2 Page 14 of 70 ARTICLE I
benefit of the current and future Owners.
2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTPage 2 Page 14 of 70 ARTICLE I DEFINITIONS The following words when used in this First Amended Declaration, as amended, (unless the context shall otherwise clearly indicate) shall have the following meanings: 1.01 Association. “Association” shall mean and refer to The Courts of Forest Homeowners Association, Inc., a Texas non-profit corporation, which power, duty and responsibility enforcing the provisions hereof, maintaining 2 recreational easements or recreational amenities such as s playground equipment, greenbelts or open spaces on any Property or pursuant to any easements granted by the Associatts for or devoted to the common use and enjoymen landscaped medians in public right-of-ways, and en improvements that are now or may hereafter be all equipment, walls, fountains, fences, ssgri d‘michinery used in the operation or maintenance of any of such Common Prop Additions to or replacements of any of such Common Properties.
1.03 Property. “Propért and refer to the real property described in Exhibit 'A’ attached hereto in¢lu erty within the perimeter created by the Lots.
1 refer to the lots described in Exhibit 'A' which have 1.04 Lot. “Lot 3 g residential dwelling in conformity with the building been or will be impro ed restrictions herein se hQugh some portions of the Common Properties may be platted a “lot” on the : , these lots shall be excluded from the definition of “Lot” as used herein. “Ad shall mean and refer to a Lot which is adjacent to any other Lot.
Any reference ereof to the visibility of an item from any Adjoining Lot shall mean
ed from the definition of “Lot” as used herein. “Ad shall mean and refer to a Lot which is adjacent to any other Lot.
Any reference ereof to the visibility of an item from any Adjoining Lot shall mean m from any ground level of the structure located on the Adjoining Lot and y of a two-story dwelling located thereon.
ember. “Member” shall mean and refer to each owner of a Lot.
06 Owner. “Owner” shall mean and refer to each and every person or business entity who or which is a record owner of a fee or undivided fee interest in any Lot subject to these Covenants and Restrictions; however, the word “Owner” shall not include person(s) or entity(s) who hold a bona fide lien or interest in a Lot as security for the performance of an obligation.
ARTICLE I 2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTPage 3 Page 15 of 70 MEMBERSHIP AND VOTING RIGHTS 2.01 Membership. Every owner of a Lot shall automatically be and must remain a Member of the Association in good standing. The Board of Directors may declare that an Owner is not a Member in good standing because of past unpaid dues, fines, late charges, interest, legal fees, and/or any other assessments of any nature.
2.02 Voting Rights. Each Owner shall be entitled to one (1) vote for each lot in Why they hold the interest required for membership. When more than one person holds su : or interests in any Lot, all such persons shall be Members, and the vote for such exercised as they, among themselves, determine, but in no event shall more tha cast with respect to any such Lot.
2.03 orum, Notice and Voting Requirements.
requirements of and pertaining to the Association are s¢
they, among themselves, determine, but in no event shall more tha cast with respect to any such Lot.
2.03 orum, Notice and Voting Requirements.
requirements of and pertaining to the Association are s¢ may be taken with the assent given in writing and signed by Mg 0 collectively hold or control more than fifty percent (50%) of the ou ing vote the Association unless otherwise provided for herein or by law.
3.01 é Association shall be conducted by its Board of Directors (hereinafter referpég gid”). The Board shall be selected in accordance with the Articles of Incorpg aws of the Association. The Board, for the benefit of the Common Properties a s, Shall provide, and shall pay for out of the maintenance fund(s) provided for in Arg , the following: (a) ayd ‘preservation of the Common Properties and the furnishing and upkeep of an! fein personal property for use in the Common Properties; ) y private trash and garbage collection services and _ security t; c) Taxes, insurance and utilities (including, without limitation, electricity, ter and sewer charges) which pertain to the Common Properties only: (d) The services of a person or firm to manage the Association or any separate portion thereof, to the extent deemed advisable by the Board, and the services of such other personnel as the Board shall determine to be necessary or proper for the operation of the Association, whether such personnel are employed directly by the Board or by a manager designed by the Board; 2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTPage 4 Page 16 of 70 (e) Legal and accounting services; and ' Any other materials, supplies, furniture, labor, services, maintenance,
TS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTPage 4 Page 16 of 70 (e) Legal and accounting services; and ' Any other materials, supplies, furniture, labor, services, maintenance, repairs, structural alteration, taxes of assessments which the Board is required to obtain or pay for pursuant to the terms of this First Amended Declaration, as amended, or which in its opinion shall be necessary or proper for the operation or protection of the Association or for the enforcement of this First Amended Declaration, as amended.
3.02 Additional Rights, Powers, and Duties. The Board shall have th additional rights, powers and duties: (a) To execute all declarations of ownership for tax asse regard to any of the common Properties owned by the Associatio (b) To enter into agreements or contracts ¥ authorities and the holders of first mortgage liens on t (i) taxes on the Common Prop: (ii) insurance coverage (if an: the assessment, collection and dig hereinabove; and on Properties, as they relate to ocess envisioned by Article V (c) The bo: pledge of rights again (f) To make reasonable rules and regulations for the operation of the “non Properties and to amend them from time to time; (g) | To make available to each owner within ninety (90) days after the end of each year an annual report; 2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTPage 5 - Page 17 of 70 (h) =‘ Pursuant to Article VII herein, to adjust the amount, collect, and use any insurance proceeds to repair damage or replace lost property; and if proceeds are insufficient to repair damage or replace lost property, to assess the members in proportionate amounts to cover the deficiency; and
ceeds to repair damage or replace lost property; and if proceeds are insufficient to repair damage or replace lost property, to assess the members in proportionate amounts to cover the deficiency; and (i) To enforce the provisions of this First Amended Declaration, as amended, and any rules made hereunder and to fine, enjoin and/or seek damages from any Owner for violation of such provisions or rules.
3.03 Exclusive Board Powers. The Board shall have the exclusive right to all goods, services, and insurance, and the exclusive right and obligation to perforp of the Board, except as otherwise provided herein.
3.04 Contracts With Owners. The Board, on behalf of the Asg6ciationy sh power and authority to contract with any Owner for the performd Association, of services which the Board is otherwise required pirspant to the terms hereof, such contracts to be upon such terms and conditions a consideration as the Board may deem proper, advisable and in the best interest of the ¥ 3.05 Liability Limitations. No member o Board of Directors, past, current or future; Officer of the Association, past, current or Employee, past, current or future shall be personally liable for: act which arose or occurred while duties and which were incurred or (a) debt claims or claims of bré such individual was serving withirtis eK (b) any da S other than intentional acts or omissions torts or gross negligence, if tAg g jous conduct occurred while such individual was acting within his : duties and on behalf of the Association or the Board of Directors; afiy other person, firm or corporation responsible for making such repairs etance shall not be liable for any personal injury or other incidental or enfial damages occasioned by any act or omission in the repair or maintenance of
rporation responsible for making such repairs etance shall not be liable for any personal injury or other incidental or enfial damages occasioned by any act or omission in the repair or maintenance of ginises, improvements or portion thereof.
3.06 Reserve Funds. The Board may establish reserve funds which may be maintained and accounted for separately from other funds maintained for annual operating expenses and may establish separate, irrevocable trust accounts in order to better demonstrate that the amounts deposited therein are capital contributions not net income to the Association.
2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTPage 6 Page 18 of 70 3.07 Management Contracts. The Association may enter into any management agreement.
ARTICLE IV PROPERTY RIGHTS IN THE COMMON PROPERTY 4.01 Members’ Easements of Enjoyment. Subject to the provisions of Sectio this article, every Member and every tenant of every member, who resides on a Lo individual who resides with either of them, on such Lot shall have a right and egse recreation and enjoyment in and to the Common Properties and such egaeé Properties.
4.02 Extent of Owners’ Easements. The rights and enjoyment created hereby shall be subject to the following: (a) The right of the AssociationS policies governing, and to charge fees and or dep maintenance of the Common Properties; prescribé-téasonable regulations and its related to, the use, operations and (b) Liens on mortgages “plas properties with respect to monie all or any portion of the Common Association to improve or maintain the Common Properties; (c) on to enter into and execute contracts with any party for the p ng management, tax, accounting and legal services,
y portion of the Common Association to improve or maintain the Common Properties; (c) on to enter into and execute contracts with any party for the p ng management, tax, accounting and legal services, maintenance se her services consistent with the purposes of the Association; fheye at of the Association to take such steps as are reasonably necessary Ommopi Properties against foreclosure; e right of the Association to dedicate or transfer all or any part of the operties to any municipal corporation, public agency, authority, or utility r such purposes and upon such conditions as may be agreed upon by the ation and the members having a majority of the outstanding eligible votes of the (f) The right of the Association to convey, sell or lease all or part of the Common Properties upon such terms and conditions as may be agreed upon the Association; and 2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTPage 7 Page 19 of 70 (g) The right of the Association to enter into and execute contracts with the owner-operators of any community antenna television system (“CATV”) or other similar operations for the purpose of extending cable or utility service on, over or under the Common Properties to ultimately provide service to one or more of the Lots.
ARTICLE V ASSESSMENTS 5.01 Personal Obligation of Assessments. Each Owner of a Lot b deed therefor, whether or not it shall be so expressed in such deed, is degmred purchase money considerations for such deed and conveyance, to covera the Association (or to an independent entity or agency wh Association to receive such monies): (a) Regular assessments or charges for ma p portions of the Properties and the Common’? i cluding, without limitation,
on (or to an independent entity or agency wh Association to receive such monies): (a) Regular assessments or charges for ma p portions of the Properties and the Common’? i cluding, without limitation, (b) Special group assesgmen: emergency matters, such assessme time as hereinafter provided; () ipsivid improvements or unusual or ablished and collected from time to Special mts levied against individual Owners to for maintenance and repairs caused by this ch late charges, interest and costs of collection thereof as hereinafter e a charge on the land and shall be a continuing lien upon each Lot h each such assessment is made and shall also be the continuing personal 5.02 Creation of Lien. The Association hereby reserves a vendor’s lien again each Lot to secure the payment of any assessment which may levied pursuant to the terms and provisions of Sections 5.05. 5.06, 8.11 and/or 11.06 hereof, and the expense incurred in connection with the enforcement thereof, including, without limitation, interest at the maximum rate permitted by law, costs and reasonable attorney’s fees. Such lien may be enforced by appropriate judicial SS a GT SNEED 2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTPage 8 “Page 20 of 70 proceedings, and the amounts secured thereby shall be the obligation of and chargeable to the Owner. Such lien shall be and is subordinate and inferior only to the following: (i) liens and charges in favor of the State of Texas and any political subdivision thereof for property taxes, ii) the lien securing the purchase money note for the Lot.
5.03 Assessment Lien.
(a) All sums assessed but unpaid, including interest thereon at the maxftk
ical subdivision thereof for property taxes, ii) the lien securing the purchase money note for the Lot.
5.03 Assessment Lien.
(a) All sums assessed but unpaid, including interest thereon at the maxftk superior to all other liens and encumbrances, except as provided in Sect Article VI or the Board or its duly appointed agent, may (but shall bete and a description of the Lot. Such notice shall be signe appointed agent and may be recorded in the office of th Texas. Such lien may be enforced by the foreclosure ne i by the Board or its duly appointed agent. In any such proceeding, the Q be required to pay the costs, expenses and attorney’s fees incurred ineonnectid fh filling the lien, and in the event of any foreclosure proceeding, all additional costs, expenses and attorney’s fees incurred in connection with any such forec osure Proceeding. The Board or its duly appointed agent shall have the power to bid he and to acquire and hold, lease, m (b) personal obligatio made. Suit to recé without foreclosing Ssments assessed against the lot shall also be a ss of the Owner thereof at the time the assessment is sy judgement for unpaid assessments shall be maintainable y for the collection of such charges as a debt, and to enforce the By all methods available for the enforcement of such liens. No Owner pr otherwise escape liability for the assessments provided herein by non-use on Properties or by abandonment of his Lot.
If any assessment remains unpaid at the expiration of thirty (30) calendar days from and after the due date established by the Board, a late charge shall be assessed against the non-paying Owner for each month that any portion of any assessment remains unpaid. The late charge shall be in the amount of Twenty-five and No/100 Dollars
a late charge shall be assessed against the non-paying Owner for each month that any portion of any assessment remains unpaid. The late charge shall be in the amount of Twenty-five and No/100 Dollars ($25.00). A service charge of $25.00 shall be charged for each check that is returned because of insufficient funds. The amounts of late charges and service charges may be 2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY ForEsTPage 9 Page 21 of 70 adjusted, from time to time, by the Board consistent with any changes in the amounts of regular or special assessments.
5.04 Purpose of Assessments. The Assessments levied by the Association shall be used exclusively for the purposes of (i) promoting the health, recreation, safety and welfare of the residents of the Property; (ii) improving and maintaining any private walkways, jogging and bicycle tails, lakes, recreational areas, or other properties, services and facilities directly related to the use and enjoyment of the Common Properties; (iii) the payment of taxes on Coghk Properties and insurance (if any) in connection with the Common Properties and replacement and additions thereto; (iv) the payment for electricity for street lights 2 (including the expense of leasing any equipment) and materials fequ management and supervision of, the Common Properties; (vii) apd-carryj Board as set forth in Article IV hereof; (viii) carrying ou designed by the City of Keller in connection with any zoning development requirements.
5.05 Determination of Assessments.
(a) The Board may estalfidh provided that the maximum annual a: percent above the maximum anne approved by the Membersg th¢ A prént maintenance costs and the future needs of the
nation of Assessments.
(a) The Board may estalfidh provided that the maximum annual a: percent above the maximum anne approved by the Membersg th¢ A prént maintenance costs and the future needs of the actual annual assessment at an amount equal to or less assessments authorized special assessry scion 5.03 hereof, the Association may levy in any fiscal year a = to that year only, for the purpose of defraying in whole or in part, ypon the Common Properties, including any necessary fixtures and personal byeto; provided that any such assessment shall have the affirmative approval of fe Association as provided in Section 2.03, Article Il.
Uniform Rate of Annual and Special Assessments. Both regular and special Capital assessments must be fixed at a uniform rate for all Lots.
5.08 Assessments Due Dates. The Board may prescribe from time to time that the regular base assessments are to be collected on an annual, semi-annual, quarterly or monthly basis, and the appropriate due date(s).
2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTP age 10 Page 22 of 70 5.09 Duties of the Board with Respect to Assessments.
(a) In the event of a revision to the amount of rate of the regular base assessment, the Board shall fix the amount of the base assessment against each Lot, and the applicable due dates for each assessment, at least sixty (60) days in advance of such date or period, and the Board shall, at that time, prepare a roster of the Lots and assessments applicable thereto which shall be kept in the office of the Association.
(b) — Written notice of the assessment shall thereupon be delivered o every owner subject thereto.
(c) The Board shall upon demand at any time furnish toa
all be kept in the office of the Association.
(b) — Written notice of the assessment shall thereupon be delivered o every owner subject thereto.
(c) The Board shall upon demand at any time furnish toa 5.10 Exempt Property. The following perty e Amended Declaration, as amended, shall be exempt m the assessments, charges and liens created herein: (a) All properties dediagtpd 4 devoted for public use; and (b) All Commga p S ase Insurance. The Association shall have the right and option to in force insurance covering any or all portions of the common be consideréd 8Q04,sound insurance coverage for properties similar in construction, location, and fse%o the Subject property. Such insurance may include, but need not be limited to: (a) Insurance against loss or damage by fire and hazards covered by a standard extended coverage endorsement in an amount which shall be equal to the maximum insurable replacement value, excluding foundation and excavation costs as determined annually by the insurance carrier; (b) — Public liability and property damage insurance on a board form basis; 2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTPage 11 Page 23 of 70 (c) Fidelity bond for all officers and employees of the Association having control over the receipt and disbursement of funds; and (d) Officers’ and directors’ liability insurance.
6.02 Insurance Proceeds. The Association and the members shall use net insurance proceeds to repair and replace any damage or destruction. of property, real or personal, cg Vered of the Common Properties.
6.03 Insufficient Proceeds. If the insurance proceeds are iy replace any loss or damage, the Association may med a speci) 6.04 Other Insurance Matters. The Association \
ered of the Common Properties.
6.03 Insufficient Proceeds. If the insurance proceeds are iy replace any loss or damage, the Association may med a speci) 6.04 Other Insurance Matters. The Association \ insurance generally covering bodily injury and property damage.g employees, Members or authorized representatives oNhd not carry any insurance pertaining to, nor does it assume ay bility or responsibility for, the real or personal property of the Owners (and their respe e expressly understands, covenants and agreé Wi ocjation that: (a) The Association h whatsoever regarding or fbility or liability of any kind or character baf and personal property of each Owner; and (b) Each.o nk g . time to time and at various times, consult with i € epresentatives of each owner’s own selection to select, of insurance deemed property.
isfavt6ry to each Owner covering his or her real and personal ARTICLE VII USE OF COMMON PROPERTIES seo? Common Properties. The Common Properties may be used and enjoyed as (a) No Member shall permit anything to be done on or in the Common Properties which would violate any applicable public law or zoning ordinance or which will result in the cancellation of or increase of any insurance carried by the Association, or which would be in violation of any law or any rule or regulation promulgated by the Board.
2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FoRESTPage 12 Page 24 of 70 (b) Each Member shall be liable to the Association for any damage to any portion of the Common Properties caused by the negligence or willful misconduct of the Member or his family and guests.
7.02 Rules of the Board. All Members shall abide by any rules and regulations
ny portion of the Common Properties caused by the negligence or willful misconduct of the Member or his family and guests.
7.02 Rules of the Board. All Members shall abide by any rules and regulations adopted by the Board. The Board shall have the power to enforce compliance with said rules and regulations by all appropriate legal and equitable remedies, and a Member.
ARTICLE VIII CONSTRUCTION OF IMPROVEMENTS AND USE OF LOTS footage of the ground floor, or main revel ing py story” house is built, shall be 1,600 square .
~ 0 4 such a residential structure (exclusive of e6, outbuildings, patios, etc.) shall equal or exceed the required total minimym ft setout above; all of which area shall be completed and finished simultagéo&sly figst}construction of such a structure.
8.03 Garages.
garage space for a minim or front entry; provided residential dwelling erected on any Lot shall provide nventional automobiles. All garages shall be rear, side key meet the following requirements. Any garage which is an sixty (60) feet shall be attached to the main structure by at azeway, or covered patio, and it shall be constructed with a side or ere the garage is nearer to the front or side street property line than 80%) of the garage structure must be behind the main structure and the garage ave written approval of the ACC to insure that there is a proper screen from the the garage crosses the front of the house will be allowed.
(a) With regard to Lot 1, Block 1, the driveway shall enter the lot along the north property line, with regard to Lot 1, Block 2 the driveway shall enter the lot along the west property line. No driveway shall enter any Lot directly from Rapp Road.
2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS,
o Lot 1, Block 2 the driveway shall enter the lot along the west property line. No driveway shall enter any Lot directly from Rapp Road.
2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTPage 13 Page 25 of 70 8.04 Roofs. All roofs shall be constructed of slate, tile, 230 pound composition shingles or other materials first approved by the ACC. The color of such roofing materials must first be approved by the ACC and otherwise be in compliance in all respects with applicable City of Keller ordinances. The roof pitch of any structure shall be a minimum of eight (8) feet by twelve (12) feet minimum.
8.05 Drainage. Each Owner acknowledges and covenants to honor and provide such easements for drainage and water flow as are shown on the recorded plat of the Prope required by any master drainage plan enacted by the City of Keller, Texas and further ag altering drainage swales that are constructed on the Lot as required by Texas, or the provisions of the recorded plat.
(b) agrees not to construct fences which impede across his Lot. The fence must provide at least four ( space.
(c) not to impede or deflect the flow of« of is not limited to refraining from planting excessjv¢Jandscaping in such areas.
(d) to cause any sidewalks, drivew4 to conform to the drainage requirefipnts plat of the Property.
or decks constructed in drainage area are npliance with the building code of the City of . The installation of a new or a replacement fence, wall or screening hedge 1 to the ACC and approved by the ACC as provided in Article IV before shall be erected, placed or altered on any Lot nearer to any street than the minimum building
ement fence, wall or screening hedge 1 to the ACC and approved by the ACC as provided in Article IV before shall be erected, placed or altered on any Lot nearer to any street than the minimum building setback line indicated on the recorded plat of the Property. No fence, wall or hedge shall exceed (8) feet in height unless otherwise specifically required by the City of Keller. Wood fencing approved by the ACC will be allowed to extend from the outer perimeter of a home to the side property line. Approval will be subject to thorough consideration of the effect such proposed 2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY ForEsTPage 14 Page 26 of 70 fencing might have an adjoining lots and/or dwellings. In addition, such wood fencing must be recessed from the front building line of the dwelling a minimum distance of ten (10) feet. Any fencing located from the front of the Lot to be back of the Lot (perpendicular to front property line) may be of wood material. Provided, however, that all such wood fencing, regardless of location, shall (i) be composed of cedar, redwood or spruce, (ii) have slats measuring between four (4) and either (8) inches wide which are installed vertically only (not horizontally or diagonally) and (iii) not be painted or stained (except with a clear stain) on any surface which house and the property line on interior lots or corner lots with fences facing tw yard and side yard), the good side of the fence shall face the street (i.e. no stringé@rs be visible from any residential street).
(a) On Lot 1, Block 1 and 2 of Block 2 in 3 (rear) of the properties shall have the good side of the fen’ from the house. On Lots 18, 19, and 23 of ned above facing away , and 9 of Block 4 all
treet).
(a) On Lot 1, Block 1 and 2 of Block 2 in 3 (rear) of the properties shall have the good side of the fen’ from the house. On Lots 18, 19, and 23 of ned above facing away , and 9 of Block 4 all fences which are on the south line (rear) of th all have the good side of the fence as defined above facing away from the h a Lot 1, Block 4 and Lot 16, Block 3 if a fence is placed on the west buildifg-tine Bear Creek Road (Rufe Snow Road) the good side of the fence is fine iF slgll face the street.
(b) Given the great vgrre al fencing and screening configurations g restrictions contained in this Section 8.06 that: lder may utilize one professional sign per Lot for advertising and ed that such sign much be approved as to size, content and number Owner of the respective Lot for the applicable sale or rent situation; and (c) Signs displaying the name of a security company shall be permitted, provided that such signs are: (i) ground mounted; 2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTP. age 15 Page 27 of 70 (ii) limited to two (2) in number (in the front yard and one in the back yard; (iii) of reasonable size; and (iv) approved by the written approval of the ACC.
(d) Signs which are temporary in nature, (i.e. “garage sale” signs) shal enly be permitted for a short-term/reasonable period of time.
(e) In addition to the foregoing, all off-site signs shall be subjé content and number approved by the ACC.
a, (f) “Open House” or signs with a similar message shéll-be pe ed during any period of time when sales people are not located within, th f to be open.
(gz) Political signs may not exceed two feet ror fe 8.09 Easements; Utilities. All streets, alleys ‘andNeasements shown on the recorded plat
when sales people are not located within, th f to be open.
(gz) Political signs may not exceed two feet ror fe 8.09 Easements; Utilities. All streets, alleys ‘andNeasements shown on the recorded plat of the Property have been reserved for the purposes indicates. No owner may erect any structure of any type whatever in these easements areas, ari Awhermay use the surface of an easement , es (2?
areas for private use unless prohibited bythe erp the easement. With respect to the easement areas, as well as any other areas d€sdxibé hin recorded easement documents and the common Properties, any and all bo pub tility service companies shall have the right of access, ingress, egress ores ef the surface estate for the installation and maintenance of utility facilitie: 8.10 Aerial Facilities BE special street lighting, aerial facilities which may be required by the City of bé required by the franchise of any utility company, no aerial utility facilities of anys e€pt meters, risers, service pedestals) shall be allowed.
tructures. No temporary structures of any kind shall be erected or in. “Fetnp orary structures shall include, but not be limited to, any garage, er ifiprovement erected more than one hundred twenty (120) days prior to ain portion of the single-family dwelling. However, any builder with 8.11 Garbage, Weeds. No Lot shall be used or maintained as a dumping ground for rubbish, trash, or garbage. No lot shall be allowed to have excessively long grass, weed or other unsightly growth.
2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FOREsTPage 16 Page 28 of 70 (a) All garbage shall be kept in city approved containers. All garbage containers
ESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FOREsTPage 16 Page 28 of 70 (a) All garbage shall be kept in city approved containers. All garbage containers shall be placed on the street in front of their dwelling on the day of collection, and shall otherwise be in compliance with the applicable ordinances of the City of Keller.
(b) If after ten (10) days prior written notice an Owner shall fail to control weeds, grass and/or other unsightly growth, fail to remove trash, rubble, building and construction debris, or fail to exercise EEsenanle care or conduct to prevent or remedy an and a fine not to exceed Five Hundred Dollars ($500.00) on each respect; such mowing or cleaning.
8.12 Construction Completion Time. Each residence construc other improvements thereto shall be commenced and completed—y after approval by the ACC of the plans and specifications prepare construction. All exterior construction of the primary resider any other appurtenances or appendages of every kind and chard Z hy Lot and all interior construction shall be completed not later than nine (Q)months Yq g the commencement of construction. For the purposes hereof, the term “s deemed to mean the date on which the foundation form partially or totally damaged by fire other causes, the the residence or completely clear the | away all remaining debris ar initial construction of the Seq , a ae nn?
ded that they are not kept, bred or maintained for commercial purposes and 1 Owners shall comply with the applicable ordinances of the City of of household pets which would cause the total number of pets on any Lot to on any lot of shall within the property ¢ raised or bred orke 8.14 Exterior Surfaces. The total exterior surface of all residential dwelling shall be
would cause the total number of pets on any Lot to on any lot of shall within the property ¢ raised or bred orke 8.14 Exterior Surfaces. The total exterior surface of all residential dwelling shall be constructed of not less than eighty percent (80%) brick, brick veneer, stone or stone veneer, or masonry or any combination thereof approved by the ACC. All chimneys shall be 100% brick, stone or other material approved by the ACC. All exterior surfaces especially any painted or 2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTPage 17 Page 29 of 70 stained wood surfaces, (including without limitation, garage doors) must be maintained in good condition installation of all types of exterior items and surfaces such as address numbers or external ornamentation, without limitation, garage doors) must be maintained in good condition.
Installation of all types of exterior items and surfaces such as address number or external ornamentation, light, mail chutes, exterior paint or stain, shall be subject to the prior written approval of the ACC. The installation of solar panels shall be governed by the Association's Solar Policy. All windows which are visible from any residential street shall be covered with draperies or blinds within thirty (30) days after the date on which the main structure is ocadpi Tin foil and newspaper windows coverings are expressly prohibited.
8.15 Antennas and Aerials. All television antennas and other antennas afi be located inside the attic or under the roof so as to be completely hidden frog dishes shall not be permitted unless approved by the ACC. If the approval i the dish shall be screened from view from all public streets. Screeningha €
nder the roof so as to be completely hidden frog dishes shall not be permitted unless approved by the ACC. If the approval i the dish shall be screened from view from all public streets. Screeningha € No Towers shall be permitted.
8.16 Landscaping. Each residence shall b landscaped within ninety (90) days after the date on which the carpet has been installed.j esidence. The landscaping of the install an adequate underground sprinkling System ini Ahe front and side yards of the Lot. The Owner shall keep the yard sufficiently wate: i adequate growth of the grass. At least two (2) four (4) inch diameter oak trees er ot Approved by the ACC in writing shall be at thé of construction of the residence. This quate existing trees are retained.
aining walls which are more than twenty-four (24”) inches tall ete and/or concrete block. Concrete block walls shall be thé base of the wall to allow for proper drainage. The weep holes shall be at least one and one half (1 2”) inch PVC pipe.
8.19 Gazebos, Greenhouses, Storage Sheds, Clotheslines, etc. No gazebo, greenhouse, storage shed, children’s’ playhouses, tree house, clothesline or other similar structure shall be erected, constructed or place upon any Lot without prior written approval by the ACC.
RG GR I) 2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTPage 18 Page 30 of 70 8.20 Mail Boxes. All mail boxes shall be of a design approved prior to installation in writing by the ACC and shall comply with all applicable laws and ordinances and shall be constructed of the same masonry material as the front of the home in front of which it is located.
tallation in writing by the ACC and shall comply with all applicable laws and ordinances and shall be constructed of the same masonry material as the front of the home in front of which it is located.
8.21 Pool Equipment. No pool may be erected, constructed or installed without the prior written consent of the ACC. Above-ground pools are expressly prohibited. All pool service equipment shall be fenced and located in either (a) a side yard between the front and the rear boundaries of the dwelling; or (b) in the rear yard; and shall not be visible fro residential street or alley or any Adjoining Lot.
8.22 Utility meters and Air-Conditioning Compressors. All utility metg air-conditioning compressors, evaporative coolers and similar items must be designated by the ACC and must be screened from view as required by theA unit air-conditioning systems shall be permitted on any home.
8.23 Drying of Clothes. The drying of clothes i playgrounds, open spaces or other facilities where the rear y¢ construct a drying yard or other suitable enclosure te,screen ‘f b which is indent to normal residences, such as cloth ing equipment, yard equipment and storage piles.
8.24 Parking. Owners, occupant¢ 3nd gug the street. It is a hazard for children and car: trailer, animal trailer, trailer, mobile home couraged to refrain from parking on c campmobile, camper, or any motorized e stored, placed or parked within the garage KG ontrol Committee. The Board of Directors of the Association, in \ ith 2esponsibility for insuring compliance with these covenants and nt-eri Architectural Control Committee ("ACC") or may serve as such in Control Committee shall be to review all plans and specifications for proposed improvements to
ompliance with these covenants and nt-eri Architectural Control Committee ("ACC") or may serve as such in Control Committee shall be to review all plans and specifications for proposed improvements to every Lot in the addition and to examine them as to their conformity with the provisions of the Amended Declaration and the By-Laws and if found satisfactory, to approve same. The ACC shall exercise its discretionary authority with reasonableness and with the intention to maintain high quality, orderly and attractive development of the addition.
2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTPage 19 Page 31 of 70 9.03 Approval of Plans. No buildings, fence, wall, including but not limited to the seawall, terrace, deck or other structure shall be commenced, altered, erected or maintained, nor shall any addition, or change or alteration therein be made unless plans and specifications, plot plans and grading plans thereof, showing the location of such building, structure, or improvement or other information concerning the same which is satisfactory to the Association, shall have been submitted to and approved by the ACC and a copy of all such plans, specifications and other written information shall be left with the ACC after approval thereof by it.
9.04 Submissions. The ACC is authorized to request the submission of $a proposed construction materials or colors of proposed exterior surfaces. The A' the plans so submitted shall take into account the following: (a) Quality of workmanship and materials; (b) Conformity and harmony of external 4 with existing structures; (c) Location with respect to topo (d) Conformity to requirements of. th as sidewalks; and (e) The other standards set 9.05 Procedure.
(b) Conformity and harmony of external 4 with existing structures; (c) Location with respect to topo (d) Conformity to requirements of. th as sidewalks; and (e) The other standards set 9.05 Procedure.
reasonable procedures for their review of the plans g two complete sets of plans and specifications for any approval. At such time as the plans and specifications are approved by the gopy will be retained by the ACC and the other-complete set of plans and (c) If such plans and specifications are found not to be in compliance with these covenants and restrictions, one set of such plans and specifications shall be marked "Disapproved" and returned to the Lot Owner, accompanied by a reasonable statement of items found not to comply with this First Amended Declaration, as amended,. One set of such disapproved plans and specifications shall be retained by the ACC. Any 2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTPage 20 Page 32 of 70 modification or change to the approved set of plans and specifications must again be submitted to the ACC for its inspection and approval.
(d)The ACC shall act promptly upon the plans and specifications submitted to it if the submission of the plans and specifications is in the proper form with the proper information. Approval or disapproval shall be in writing. If the ACC fails to take any action within twenty (20) days after receipt of a fully compliant and complete submission, then the submission shall be considered approved.
9.06 Indemnification. No member of the Board of Directors of the Associatfen member of the Architectural Control Committee shall be personally liable for a or not taken, in the performance of the duties and interpretation of thi
ber of the Board of Directors of the Associatfen member of the Architectural Control Committee shall be personally liable for a or not taken, in the performance of the duties and interpretation of thi Declaration, as amended.
ARTICLE X Ow EASEMENTS 10.01 Utility Easements. Easements for installation, , repair and removal of utilities and drainage facilities over, under and acc Prope e reserved as set forth in Section 8.08 above. Only utilities with easement rights have rights of ingress and egress at their easement areas for the installation, operatio , repair or removal of any utility together with the right to remove any obs constitute interference with the user of such’ease installation of such utility.
upon the Property to mafia limited to, Lots at the~é Police Power Easement. With respect to the Common Properties and streets, easements and rights-of-way within the Property, the City of Keller and all other governmental agencies and authorities shall have full right of ingress, egress, regress and access for personal and emergency vehicles for maintenance, police and fire protection, drainage and other lawful police powers designed to promote the health, safety and general welfare of the residents within the Property.
2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTPage 21 - Page 33 of 70 ARTICLE XI GENERAL PROVISIONS 11.01 Registration with the Association. Each and every Owner shall haye an affirmative duty and obligation to provide the Association, within fifteen (15) days aftei, sych Owner acquires one or more Lots and thereafter to revise and update, within fiftee $ after a material change has occurred, the following information: (a) The full name and address of the Owner;
, sych Owner acquires one or more Lots and thereafter to revise and update, within fiftee $ after a material change has occurred, the following information: (a) The full name and address of the Owner; (b) The telephone number of each Owner; 5.
s sg g 5 a.
3 a 3 8 (c) The name, address and telephone numbe the Owners cannot be located and an emergency occ (d) Such other information as may bé&re& ésted from time to time by the Association.
as Mnay be amended from time to time ré to the benefit of the Association and e-OWners and their personal representatives, 950 after which time said First Amended A automatically extended for two (2) successive periods of ten (10) years each/umless net‘ one hundred twenty (120) days prior to the end of the initial, first or second ps ¢ Owners holding not less than seventy-five percent (75%) é Meeting duly called and noticed decide to abolish or extend the then existing First Afnendéd Decfaration, as amended. In such event the President of the Board shail cause ng uchyaction to be filed in the Real Property Records of Tarrant 11.02 Duration. This First Amendéd, Deflar; shall run with and encumber the land subject g A its Directors, Officers, Employees aie en heirs, successors, and assigns, until ents. Except as provided in Section 11.02 of this Article XI, the Tog, yas then amended, may be further amended by the affirmative vote of ed arid acknowledged by the President of the Association. Any amendment shall Real Property Records of Tarrant County within one week of its adoption.
4 Enforcement. Enforcement of this First Amended Declaration, as amended, may be initiated by any Owner, the Board or by the City of Keller.
(a) Enforcement may be by seeking injunctive relief, recovery of money damages
rcement of this First Amended Declaration, as amended, may be initiated by any Owner, the Board or by the City of Keller.
(a) Enforcement may be by seeking injunctive relief, recovery of money damages or foreclosure of the Association's lien. Notwithstanding any provision to the contrary in this First Amended Declaration, as amended, the Association is not obligated to pursue 2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTPage 22 Page 34 of 70 enforcement of all violations but, instead, shall have the discretion to seek enforcement or to defer enforcement.
(b) Failure by the Association to pursue enforcement of any violation of this First Amended Declaration, as amended, shall in no event be deemed a waiver of the right to do so at a later date.
(c) In any litigation, administrative proceeding or arbitration arising, related’t in connection with enforcement of the provision of the First Amended Declarati compensation for the time devoted to the enforcement action by 2a member of the Board of Directors and any other relief allowed b prevailing party.
11.05 Imposition of Violation Fines. In the event thét as bject to a fine for each -five Dollars ($25.00) and not more than Five Hundred Dollars ($500.00) violation continues. In addition to the fine(s), the Qw violation.
11.06 Rights of Ci g ise approved by seventy-five percent (75%) of the outstanding votes, not by act or omission seek to abandon its obligations as established by shis’ Kirst Amended Declaration, as amended. However, in the event that: iby an appropriate municipal corporation, public agency, authority or uf o the‘devoted to purposes as nearly as practicable the same as those to
ed Declaration, as amended. However, in the event that: iby an appropriate municipal corporation, public agency, authority or uf o the‘devoted to purposes as nearly as practicable the same as those to which such ¢ operties were required to be devoted by the Association, or (ii) convey Q ey/ organization or entity which assumes all obligations imposed fe Association to maintain said Common Properties; or The Association, its successors or assigns, shall fail or refuse to ely maintain the appearance and condition of the Common Properties which it is ed to maintain hereunder; then, in either such even, the City of Keller, Texas, shall othe right, but not the obligation, to assume the duty of performing all such maintenance obligations of the Association at any time after such dissolution, upon giving written notice to the Owners, or at any time after the expiration of twenty-one (21) days after receipt by the Association, its successors or assigns, of written notice specifying in detail the nature and extent of the failure to maintain without such failure for the cost of such maintenance, notwithstanding any other provisions contained in this 2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FoRESTPage 23 Page 35 of 70 First Amended Declaration, as amended, which assessment shall constitute a lien upon the Lot against which each assessment is made. During any period that the City of Keller assumes the obligation to maintain and care for the Common properties, the Association shall have no obligation or authority with respect to such maintenance. The right and authority of the City of Keller, to maintain the Common Properties shall cease and
mon properties, the Association shall have no obligation or authority with respect to such maintenance. The right and authority of the City of Keller, to maintain the Common Properties shall cease and terminate when the Association, its successors or assigns, shall present to the City of Keller reasonable evidence of its willingness and ability to resume maintenance of the Common Properties. In the event the City of Keller assumes the duty of performi maintenance obligations of the Association as provided herein, then the City provided herein, then the City of Keller , it agents, representatives and ep have right of access, ingress and egress to and over the Common > no circumstances, shall the City of Keller be liable to the Assocfatior their respective heirs, devisees, personal representative 11.07 Severability. If any provision of the Fixst Amended Dee held to be invalid, illegal or unenforceable, the v: , legality and enforceability of the remaining provisions shall not be affected thereby.
11.08 Headings. The headings<Cpnta amended, are for reference purposes only s interpretation of this First Amended Declarati 11.09 Disputes. Mattets interpretation or application $f Gis Amerided Declaration, as amended, or the Association Bylaws, shall be determiné te Board, The determination of the Board of Directors (absent 2 gperty Code or any federal, state or local law; and secondly, the provisions ended Declaration. These policies shall be followed notwithstanding any prior (a) The Policies adopted are set forth below: 2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTPage 24 Page 36 of 70 Collection Policy Alternative Payment Plan Priority of the Application of Payments
STATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTPage 24 Page 36 of 70 Collection Policy Alternative Payment Plan Priority of the Application of Payments Records Inspection, Copying and Retention Solar Energy Device and Energy Efficiency Roofing Rain Barrel or Rainwater Harvesting Systems Flag Display and Flagpole Installation Display of Religious Symbols (b) If and to the extent the Policies do not provide sufficient inf resolve any matter subject to the policy, then clarification shall first be by péfe applicable provisions of the Texas Property Code, applicable federal, sf and then the First Amended Declaration shall supplement, define and 11.11 Drainage. Failure to comply with the the recorded plat shall constitute a violation of this ended D Sclaration, as amended, and shall be subject to all the remedies provided for herei C < CERTIFICATION STATE OF TE § CO rT § aration of Covenants, Conditions and Restrictions for The Courts of Canterbury Forest, an Addition to the City of Keller, Tarrant County, Texas set forth above-and Exhibit 'A' attached to it were duly adopted by the Owners at a Special Meetipg of the “Tt day of Necemps/L, 2016.
Michael L. Sullivan, President 2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTP. age 25 Page 37 of 70 Date: Si [ 7 ACKNOWLEDGEMENT STATE OF TEXAS § § COUNTY OF TARRANT § On this FA day of LAY 52 idhaciss Courts of Canterbury Forest Homeowners Association, Inc., a Texas Non-Profj whom I identified by examining his Texas Driver’s License, appeared before 11310.45001/423151 2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTPage 26
ng his Texas Driver’s License, appeared before 11310.45001/423151 2016 FINAL FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COURTS OF CANTERBURY FORESTPage 26 112.50 112.50 54.42 58.08 + 9 8 $12.50 52.50 C-4 25.00 2500 50.00 RADIUS BRADFORD 66 893558” COURT 391.62' 120.00 83" 5'58" NB 0525 C-4 30 BUILDING LIN 112.50 157.00 -30 B.L.
9 142.57 142.50 6 112.50 112.50 112.50 BLOCK I S' BLBCTRIC 5 4 3 + SMT, 타 12.30 112.50 12.50 112.50 906.40 385.00 STRATFORD PLACE 151.00 157.00 $7.00 $2.50 30 BUILDING LINE 162.90 5.89.35 158.
8 149.45 N-R N 12° 30'0ВВ S'ELECTRIC ESMIT 149.45 NR S'UTILITY 10 19.09 1.6.9°35.585 10 UTILITY & DRANAGE ESMI T 192.50 LIAN H. VANDERGRIFE ETUX LOUISE Baox LLER, TEXAS 76248 -4488 P6. 143 Exhibit A 23 lots 13,500 square feet 15,500 square feet 29,99 ze Spot 306 feat 129 feet 2.250 square 458 square feet 1/2 stories ng both sides of dor at time of home out e, telephone service, vear tot lines.
7 5 25.00 25,00 2-3 OXFORD 500 58 COURT 52.50 30ん。 5 49.45 12.90 ってっど 89355 4 CECTRIC ESM 0.46 UTILITY ESM'T fficial 120.00 Ne5 545 LOCK 19050 793.44 -119.09 25.00 142.50 25.00 مي 15.00 2 LDING LINE 115.13 ליפנול 693558 2005'19" W 34.7 35.40 250.53 $20,96 CANDSCAPE NOIT 25.00 750 120.00 N89°35'5" 10.00 RADIUS 52.50 CAMBRIDGE COURT 48.5 10 LITILITY & DRAINAGE ESMT A N 148.8 12° 2 ANITA WIL: 3000 25' SIDE YA 130,15 10 $8991800W LANDSCAPE ATION 167.50 25 BUILDING & SIDE YARD NE 35 19 62 (185.88) 19250 192.50 1185.06' LANDSCAPE EASEMENT: JERRYBEAN ANGS N ANITA ODISE ANELIN SNOR 13501 CABARIE DRIVE CHLANG HILLS, TEXAS 76110 The LANDSCAPE RASKMENT dedicated hereon de dedicated to THE COUNTS OF
PE EASEMENT: JERRYBEAN ANGS N ANITA ODISE ANELIN SNOR 13501 CABARIE DRIVE CHLANG HILLS, TEXAS 76110 The LANDSCAPE RASKMENT dedicated hereon de dedicated to THE COUNTS OF CANTERBURY FORRST HOMEONERS ASSOCIATION, INC. and to THE CITY OF KELLER, TARRANT COUNTY, TERAS, their heirs, successors, assigns, and agents, for the purpose of installing, maintaining, altering, and Operating Subdivision Entry Stens ani Hondents, Landscapins,Fences, Walls, irkagation Systeps, Associated Klectric Systems, Lighting Facilities. Fountains, and Appurtenances.
2000 VIGILITY MAP PROVISION HEREN WHICH RESTRICES THE GALE, RENTAL USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR 1G RAPE IR NEC FR ran Co fod morning open put aur to 4000al masis and Prar af ter Daily Train st flamine walf PLESS CA קול duty 2/16/90 12.10 STAR'S OF TEXAS COUNTY OF FARANS I, the Bersigned, a Registered Professional Land Surveyor in the State exas do hereby declare that this plat is an accurate zepresentation of a actual survey stade on the ground under my supervision.
David W. Myers, R.P.6 $4565 ★ STATE OF TEXA 4585 PUBLIC SURVEYCA NOTE: ALL INTERIOR LOT CORNERS AND POINTS OF CURVATURE SHALL BE SET BY A REGISTERED PUBLIC SURVEYOR UPON COMPLETION OF CONSTRUCTION OF THIS ADD:F10%, NO BUILDING PERMITS SHALL BE ISSUED PRIOR TO COMPLETION OF CONSTRUCTION UNTIL LOT CORNERS HAVE BEEN SET ON THE LOT REQUESTING THE PERす。 CURVE CURVE DATA RADIUS CENTRAL ANGLE ARC Dated LUFORELY Kaul ENGINEER: at, inc.
399 Grapevine Hwy, $-231 Hurst, Texas 76054 SURVIDOR: David C. Moak Surveyors, Inc.
205 B. Bedford Road Bedford, Texas 76022 DEFOR: Southern: Ventures Joint Venture 50 Grapevine Hwy, S-231 Hurst, Texas 76054 319.22 SL MM 100 66 270-24 583° 18'0 10 LANDSCAPE APPROXIMATE des ROW 300.99 RAPP ROAD
ford Road Bedford, Texas 76022 DEFOR: Southern: Ventures Joint Venture 50 Grapevine Hwy, S-231 Hurst, Texas 76054 319.22 SL MM 100 66 270-24 583° 18'0 10 LANDSCAPE APPROXIMATE des ROW 300.99 RAPP ROAD 98918" W RIGHTS 30.00 !!
CENTER LINK This plat has been subtitted to and considered by the Planning and Zosing Commission of the city of Killer, Texas, and is hereby approved by such comelssion.
Deth 16th day of Feb 19 Chat can Attest: lenise Milkinson Secretary TANGENT The City Council of Kellex on 5 1989 ALL that certain t Abstract 1431, te described to Will Page 145 AlBad 14by Bed He described to Jong Volume 5769, Page particularly descri de BEGINNING as said poist pole also bel THENCE sobek of said Aralin continuing azota the southeast wor centerline of Codist TORICE South 89 ds of said Andlin spike in asphite THENCE Morch popbary line of t Line and being on total distance of said Vandergriff that same tract d 5463, Rege 746, Dee THEANCE South 29 1ine, 475.13 feet tracti THEACE South d of said Varbergziť 12.8782 аскев more and hereby adopt known as LOTS 10 CANTERBURY FOREST street dedication attached plat.
3 JERRY DEAN ANGLEN OO William #to DWILLIAM H. VANDESG 70 STATE OF TEXAS: COUNTY OF TARHANT: C The foregoing Instri Serena 198!
Notary Public for th Printed Name: Dred My Commission Expίζε STATS GE TEXAS: COUNTY OF TARRANT: The foregoing instru SeptemBER 1989, Аеллам Motary Public for th Printed Naunat De My Commission Pupire STATE OF TEXAS: COUNTY OF TARRANT: The foregoing instru Sepremder, 1989, Notary Publig for the Printed Name: My Commission Epite THIS PLA PAGE 173 D192130876 ik Sarveyors, Inc.
sional Land Surveyors A1074 • Acreage • Topography • Subdivisions • Loan Surveys • Investigative Surveys Construction Layout Izona Nevada ITERBURY FOREST IT
PLA PAGE 173 D192130876 ik Sarveyors, Inc.
sional Land Surveyors A1074 • Acreage • Topography • Subdivisions • Loan Surveys • Investigative Surveys Construction Layout Izona Nevada ITERBURY FOREST IT THESE PRESENTS: of Hi-West Enterprises, Inc., Managing m F. Short, President of Turn-Key Custom described property to wit: I situated in the W.H. Slaughter Survey, nd being those same tracts described to orded in Volume 6463 on Page 748, Volume 722, and Volume 5626 on Page 810, Deed 10, Block 1, The Courts of Canterbury eller, Tarrant County, Texas as recorded Tarrant County, Texas and being more ds as follows: utheast corner of said Westbrook tract id point also being the Northeast corner of that same tract described to William n Volume 4468 on Page 145, Deed Records, seconds Past with the East boundary line zod at the Southeast corner of said Lot econds West with the South boundary line rod at the Southwest corner of said Lot -of-way line of Stratford Place (a 50.00 seconds West with the West boundary line -of-way line, 113.00 feet to steel rod R.P.L.S.
Uho David C. Moak Surveyors, Inc.
Registered Professional Land Surveyors Texas Arizona - Nevada 2073 THE COURTS OF CANTERBURY FOREST IT Continued • Acreage • Topography • Subdivisions • Loan Surveys • Investigative Surveys •Construction Layout David C. Mbak, R.PLS Conantant David W. Myers, REIS.
President THENCE North 89 degrees es 57 minutes 57 seconds West with the South boundary line of said Westbrook tracts, 1353.59 feet to a capped Steel tod stamped "DeMpak RPS 156" at the Southwest corner of said Hestbrook tract secorded in Volume 600 on Page 722, Deed Records, Tarrant County, Texas.
THENCE North 03 degrees 30 mimited 22 seconds West With the wist houndary Line
at the Southwest corner of said Hestbrook tract secorded in Volume 600 on Page 722, Deed Records, Tarrant County, Texas.
THENCE North 03 degrees 30 mimited 22 seconds West With the wist houndary Line of said Westbrook tract and generally between two fences, 193.22 Keetito a steer τοᾶς THENCE North 89-degrees 33 minutes 18 seconds West with the South boundary line of said Westbrook trach, recorded in Volume 6117 on Page 9 and generally between two fences, 158, 18 feet to a steel rod on the East kight-of-way line of Bear Creek Road County Road 4076; THENCE North 00 degrees 26 mikutes 45 seconds West with the West boundary line of said Westbrook tract and said East right-of-way Line, 36:13 feet to a capped steel rod stamper.C. Noak RPS 156" at the Northwest worner of said tract; THECE North's degrees, 01 minutes 41 seconds East with the North boundary line of said fract 1665.70 feet to a steel rod at the Northeast corner of said tract THENCE Softh 00 degrees 23 minutes 46 seconds East with the Fast boundary line onsaid tract, 566.38 feet to the place of beginning and containing 20.738 aczes mre, or less, as surveyed by David C. Moak Surveyors, Inc. in the month of May 1989.
Offici of 3 12Mcaro (817) 268-2011 Fax (817) 2880401 Exhibit A Page 2 of 3 Copy 105-B Redford Rd. Bedford, Texas 76022 Metro (817) 268-2211 Fax (817) 282-0401 Mether Tekas Society of Porn & Ameriken Congress ori Surveying di Mapping David C. Monk Registered Professiona Texas - Arizo THE COURTS OF CANTER Continue and hereby adopt this plat as our plan to sa 108 BLOCK 1, LOTS 13-23, BLOCK 2, LOTS 1.
THE COURES OF CANTERBURY FOREST II, TO THE ( and the street Cedications, easements, and Attached plat.
Dounl Southern Ventures.v.
Tri-West Enterprises Inc, Managing Partner Douglas H. Gilliland, President.
OURES OF CANTERBURY FOREST II, TO THE ( and the street Cedications, easements, and Attached plat.
Dounl Southern Ventures.v.
Tri-West Enterprises Inc, Managing Partner Douglas H. Gilliland, President.
STATE OF TEXAS: COUNTY OF TARRANT: The foregoing instrument was acknowledged b 1992, by DOUGLAS A. GILLILAND, President of Partner of Southern Ventures J.V.
Der Krisht Notary Public for the State of Texas Printed Name: TERESA KNIGHT Ny Comission Expires: 5-23-95 STATE OF TEXAS: COUNTY OF TARRANT: The foregoing instrument was acknowledged bi 1992, by SAM F. SKR, President of Turn-Key 4 ht Notary Public for the State of bezas Printed Name: TERESA KNIGHT My Commission Expires: 5-23-95 Page 3 of 105-B Bedford Rd. Bedford, Texas 76022 Member Texts Sodicty of Professional Surveyon Page 39 of 70 16 134.20 12: ESUT 33'18"W 58.18 193.22 NO3-30 22"W 9.bb.40.00 2 19:01 427.
89 29.7 37.34 た 200 Ga AVEBURY CT.
BLOCK ROLLING DASS ESTATES VOLUME 388-67, PAGE. PATCY 5 6 7 12:35 13430 SOR.ST 06-02 OPASKY ETIL IL:19 14 ELECTRI 12 10 9 امرات 30.00 1st.
6 5 18.10 ELECTASE ESMT १.८०-०० ৫০.১০.০০ N 89'57'57" W WILLIAM 14. VANDERGRIFF & LOUISE VOLUME 466B. PAGE 145, DATCT 3 7 STILITY A ST 657-37 Exhibit A they, 5-231 76#54 Surveyors, Inc.
Rond 76022 NTURES JOINT' VENTURE $ 76248 FOREST 17 Lots 16,00 square 9 RK HAVEN LARI 105.1 LANE 30 319.30 GO 3 100,00 CANTERBURY LANE 2 ?
2 23 2 22.05 34.30 ২ 20 L ०३.०२ 00 30 YEST 265.00 353.69 WILLIAM HVARBERGA INF ETER OFISE fic 19,500 square feet 100 feet 120 fee 2,450 Square fo 2 1/2 stories nstructed along both sites of.
raeth by homobilder time Jectric service, Lelephume shall be ingvided from rear 1.
PACHE SACENTA DE USE OF DESCRISED SEAL PROPERTY BECAUSE OF 驚動斯NO ENENSORINABLE E BR361X0.20,05 50.00 ELECTRIC 7 10 1665.70.
163.12
bilder time Jectric service, Lelephume shall be ingvided from rear 1.
PACHE SACENTA DE USE OF DESCRISED SEAL PROPERTY BECAUSE OF 驚動斯NO ENENSORINABLE E BR361X0.20,05 50.00 ELECTRIC 7 10 1665.70.
163.12 め 1.90 29'57'57" PRIC COUNTY OF TARMENT STATE OF TEXAS May hoy talthy are well in The PLED ANY TR See and De Frost into 10 pars MCEM OF SHE SAN WH AAY CIENCE . 100, as line housen by the 1778-92 11:92 146 17 201 11356 283.17 STILITY EST, 10 SOTE,ITY ESNE 6 -0.20.00.
4 132.06 134.22 41 301$5 *9'37-57 :63.28 ABINET A PAGE 14 13 FOREST PRICT 50 9:00 STRATFORD PLACE 12.1 4640% 1.42 ข 3 人 WATERFORD 50 IOR 00 23'46" E 566136 S POINT OF BEGINNING VOLUME 388~18R. PAGE 33. PATCT BLOCK 3 KAYS ADDITION ROBERT ICA DIETEL AND RU it c. DI PAGE 2366 1.33609 raye 140 U BEL on Page, 9. Volun Tarrant County, Texas and Lot 10, Block 1, The Keller, Tarrant County, Texas as recorded jin being sore particularly described by metes and he f BEGINNING at a steel rod at the southerner said point also being the Northeast corner f described to willias K. Vandergriff ekex Louise County, Zexaз.
THEKE South 10 degryés 18 minutes 30 es Fa a steel cod at the southeast corner of suid of 1 THENCE South 89 degbos 35 minutes 58 seconde Well a steel at the Sout corner of sai Stratford Place (a 50.00 foot phalic right-f-way THESCE Aeth 60 degrees 24 minutes 2 utes 2 seconds Fast righbrof way line, 113.00 feet to a steel ro DMENCE North 30 degrees 57 minutes 57 seconds We 1353,59 feet tog cappel steel rod stamped D..!
recorded in Vol ol 6067 60670 Page 722, peed Record 3 UENCE north 03 degrees 30 mutes seconds w gaberally between two fances, 195.22 feet to a sti THENCE NOKth 19 degrees 33 minutes 18 seconds W zecorden in alle 5117 on Page 9 and geseral right ofmay lane of Bear Creek Road - Cowaty Koar
conds w gaberally between two fances, 195.22 feet to a sti THENCE NOKth 19 degrees 33 minutes 18 seconds W zecorden in alle 5117 on Page 9 and geseral right ofmay lane of Bear Creek Road - Cowaty Koar THANE BOENT CO degrens 26 minutes 45 seconde sa said East right-of-way line, 343,13 foot to a cap corner of said tract; THINCE North 89 degrees of minutes 42 socoris Bast a steel rod at the Northeast corner of said tract; THENCE South 00 degrees 23 minutes 46 seconds Ex the place of beginning ano containing 20.738 actes, in the month of May, 1989, and hereby adopt this plat as cu plan to suto BLOCK 2, 1476 1-16, BLOCK 3, AND LOTS 1-4, BLUCK 40 TARRANT COUNTY, TEXAS, and the street dedications attached plat.
Doul D Southern Ventures 2.
Tri-Best Enterprises, Managing Partner Douglas 5. Gilliland, President Page 40 of 70 STRATED FORD PLACE N 00'24'02" "W 113.
89'35' 35'58" W 142.95 S 00*18'30" A 111.9 FINAL PLAT SHOWING THE COURTS OF CANTERBURY FOREST II AN ADDITION TO THE CITY OF KELLER., TARRANT COUNTY, TEKAS NOTE ALL INTERIOR LOT CORNERS AND POINTS OF CURVATUNE SHALL BE SET BY A REGISTEREO PUBLIC SURVEYOR UPON COMPLETION OF CONSTRUCTION OF THIS ADDITION, STATE OF TEXAS COUNTY OF TARRANT The foregoing instrument was acknowledged before m President of Tri-West Enterprises, Inc., Managing) Tere Bright tary Fublic for the State of Texas Printed Name:ERESA My Commission Expires: 5-23-45 TERESA NIGHT STATE OF TEXAS: COUNTY OF TARRANTS The foregoing instrument was acknowledged before a of orn-Key Custom ikmes Tree Krisht Rotary Public for the State of Texas Printed Name: TERESA KNIGHT My Commission Expires: 5-25-45 CERVZ DATA CURVE RADIUS CENTRAL AME ARC TANGENT 1 19.50 16.49 10、50 2 19.50 348437 9.91 5.36 SCARE 2000 3 1595.18 #5°33′30 154.74 77.43 By: 1595-18
d Name: TERESA KNIGHT My Commission Expires: 5-25-45 CERVZ DATA CURVE RADIUS CENTRAL AME ARC TANGENT 1 19.50 16.49 10、50 2 19.50 348437 9.91 5.36 SCARE 2000 3 1595.18 #5°33′30 154.74 77.43 By: 1595-18 eChatzman 10.50 76°52′04" 14.09 8.33 t 6 10、50 52 39 43 9.65 5.28 VIKINITY Mak Approved by the Planning & Zoning Commission Dated this th day of July Ed Haston Denise Wilkinson Secretary 1992 THIS PL SLIDE!
1, THE MUERSIONED, DO HER OF AN ACTUAL SURVEY MADE X EWit & Official Notice of Annual Meeting The Courts of Canterbury Forest Homeowners Association Board invites you to the 2016 Annual Meeting.
Date: Wednesday, December 7, 2016 Time: 7:00pm (6:30pm will be a Pre-Meeting to give an overview of the changes to the docume Location: Keller Public Library, 640 Johnson Road, Keller, TX, 7248 Agenda: . Roll Call; . Proof of Notice of Meeting or waiver of notice; Reading of minutes; 1 2 3.
4. Reports of officers; 5. Reports of committees; 6. Unfinished Business ee, 7. New Business oo Approval of legal documents ™“ i. Covenants & Restrictions ii. Bylaws “~.. lil. Additional Legal Docufeel S b. Elections °° 8. Adjournment.
o lf you have any questions ab se contact any of the board members listed below President: ichael Sullivan sullyO705 @gmail.com Vice President: rian Himpelmann [email protected] Director Jeff Clawson [email protected] Treasurer: Kevin Grimes [email protected] Secretary/Lands Caroline Sherman [email protected] Page 42 of 70 ah Courts of Canterbury Forest Annual Meeting Ly Hi Wednesday, December 7", 2016 aa¢) Location: Keller Public Library, 640 Johnson Road, Keller, TX, 76248 Homeowner Voting Record *Approving the changes/amendments to Courts of Canterbury Forest Homeowners Association Covenants & Restrictions & Bylaws/Legal Documents
y, 640 Johnson Road, Keller, TX, 76248 Homeowner Voting Record *Approving the changes/amendments to Courts of Canterbury Forest Homeowners Association Covenants & Restrictions & Bylaws/Legal Documents Homeowner Name (Print) Street Address Signature CLM Gav RS ( fiseen Gehasrleer 057 Conderbungl MK . Hee / Succ zane) /006 M Page 43 of 70 EXHIBIT "B" Homeowner Name (Print) Street Address Signature Caroline Sherman 1034 Canterbury Cardin Sherman Brion Himpelmann 1004 Trowbridge Grey Young 1040 Bradforder Kevin Grimes 1961 anterbury Lin !
YES NO Page 44 of 70 ras ras 2 HEF !
K Courts of Canterbury Forest Homeowners Association Inc.
PROXY FORM Proxy Form One homeowner per lot may vote on Association business. Any homeowner wishing to vote by proxy must complete this form. This form may be given to a neighbor who will attend or to any current Board Member any time prior to the Annual Meeting which will be held on Wednesday, December 7. There will be a box at the front door of 1034 Canterbury for completed proxies.
Proxy Forms received after the meeting will not be accepted.
Your (Homeowner) Name: Check only ONE of the following © I assign the authority to vote on my behalf regarding Association matters.
2016 Proxy Form Page 45 of 70 — ae Kk p ic Courts of Canterbury Forest Homeowners Association Inc.
NX PROXY FORM Proxy Form One homeowner per lot may vote on Association business. Any homeowner wishing to vote by proxy must complete this form. This form may be given to a neighbor who will attend or to any current Board Member any time prior to the Annual Meeting which will be held on Wednesday, December 7. There will be a box at the front door of 1034 Canterbury for completed pro Proxy Forms received after the meeting will not be accepted.
Your (Homeowner) Name: Your Address:
d on Wednesday, December 7. There will be a box at the front door of 1034 Canterbury for completed pro Proxy Forms received after the meeting will not be accepted.
Your (Homeowner) Name: Your Address: Check only ONE of the following © Ol assign he authority to vote on my behalf omeowners Association Inc Board of Directors the we Association matters. Burin, Vee 20le Annual MV) 2aSs “S F x assign the Courts of Ca authority to vote on my bela Your Signature: 2016 Proxy Form — + Do: on the 7@ day of men , 201 in the Real Propg County, Texas (the “First Amended Deglaration’”) shall have th ed Page 46 of 70 BYLAWS OF THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC.
(a Texas Non-Profit Corporation) ARTICLE I 1.01 Definitions. The definitions in the FIRST AMENDED A DA17098904 shall be THE COURTS OF 2.01 Name. The name of this corportr A , INC. (hereinafter called the CANTERBURY FOREST HOMEOWNERS A “Association”). © N CES e ipal office of the Association shall be as designated tatéof Texas, as it may be changed from time to time.
3.01 Principal Gtr with the Secretary of State 3.02 QOther/OA further than five (5) Courts”). The atioti may, so long as they are not outside of the above geographic area, may haye other‘o as the Board of Directors may from time to time choose. All Members must f thts4ocation of the current and any future offices.
ARTICLE IV ASSOCIATION RESPONSIBILITES AND MEETINGS OF MEMBERS 4.01 Association Responsibilities. The Members shall elect a Board of Directors which will have the responsibilities of administering and enforcing the covenants, conditions and Page 1 of 11 2016 FINAL — BYLAWS OF THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC.
Page 47 of 70
ll have the responsibilities of administering and enforcing the covenants, conditions and Page 1 of 11 2016 FINAL — BYLAWS OF THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC.
Page 47 of 70 restrictions contained in the First Amended Declaration, including the collection and disbursement of charges and assessments created therein through a Board of Directors.
4.02 Place of Meeting. Meetings of the Association shall be held at such suitable place, no further than five (5) miles from any entrance to The Courts. At such meetings there shall be elected by ballot of the Members of Board of Directors in accordance with the requirements of Paragraph 5 of Article V of these Bylaws. The Members may also transact such other business of the Association as may properly come before them.
4.03 Annual Meetings. The annual meeting of Members shall be held in the October each year beginning at 7:00 p.m. Members shall be provided notice of the-n provided herein. At such meetings, among other agenda items, there will bejthe individuals to the Board of Directors as necessary to fill any vacancies. Indi the Board shall be elected by a simple majority of the Members. The Membe request of a member of the Board or upon the written request\of Meg twenty-five percent (25%) of the votes of the membéxghip. Thte.notice’ of any special meeting shall state the time and place of such meeting and tite purpose thereof. No business except as stated in the notice shall be transacted at a special meetings, Ayy meeting to be held at the request of the Members shall be held within thirty (30 eceipt by the President of such resolution or petition.
4.05 Notice of Meetings. It shg the Association to notify each } e Member, via email to the latest, fodili Of the Secretary or Assistant Secretary of
t by the President of such resolution or petition.
4.05 Notice of Meetings. It shg the Association to notify each } e Member, via email to the latest, fodili Of the Secretary or Assistant Secretary of first class mail or, with consent of the held, to each member enti thirty (30) days prior to provided in this paragraph'she U.S. Mail or is sent w CS : Fife presence at the meeting of members entitled to cast, or a proxy (1/10) of the votes shall constitute a quorum for any action except as within the Articles of Incorporation, as amended, the First Amended e’ Bylaws. If, however, such quorum shall not be present or represented at any embers present and entitled to vote thereat shall have the power to adjourn the 4.07 Proxies. At all meetings of Members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary. Every proxy shall be revocable and shall automatically cease at such time as the Member no longer owns any Lot.
Page 2 of 11 2016 FINAL BYLAWS OF THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC.
Page 48 of 70 4.08 Order of Business. The order of business at all meetings of the Members shall be as follows: (a) Reading of the notice of meeting or waivers of notice; (b) Roll call and certifying of proxies; (c) Approval of the minutes of the last meeting; (d) Reports of the Board of Directors; (e) Reports of Officers; (6) Reports of Committees; (g) At annual meetings, election of directors; © (h) Unfinished business; (i) New business; and Gj) Adjournment. IN ro, NW” atidn, There shall be five (5) directors to the Board of iNKeir successors have been duly elected and qualified.
5.02 Powers and.
Mifiistrationof the affairs of the Association and for the operation and
idn, There shall be five (5) directors to the Board of iNKeir successors have been duly elected and qualified.
5.02 Powers and.
Mifiistrationof the affairs of the Association and for the operation and — keeping with the character and quality of the area in which they ard.of Difectors may do all such acts and things except as by law or by these Amended Declaration may not be delegated to the Board of Directors.
5.04 Vacancies. Vacancies in the Board of Directors by any reason other than the removal of a Director by a vote of the Association, shall be filled by a vote of the majority of the remaining Directors, even though they may constitute less than a quorum; and each person so elected shall be a Director until the end of his term or when a successor is elected.
Page 3 of 11 2016 FINAL BYLAWS OF THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC.
Page 49 of 70 5.05 Removal of Directors. At any annual or special meeting of the Association duly called, any one or more of the Directors may be removed with or without cause by a majority of members entitled to vote, and a successor may then and there be elected to fill the vacancy thus created. Any Director whose removal has been proposed by the Members shall be given an opportunity to be heard at the meeting.
5.06 Annual Meeting. The annual meeting of the Directors shall be held immediately following the annual meeting of the Members.
5.07 Regular Meetings. Regular meetings of the Board of Directors may Me such time and pee as shall be determined, from time to time, by a majority of the meeting.
5.08 Special Meetings. Special meetings of the Board-e the President or any Director on five (5) days’ notice to each Dire or by email which notice shall state date, time, place and p
of the meeting.
5.08 Special Meetings. Special meetings of the Board-e the President or any Director on five (5) days’ notice to each Dire or by email which notice shall state date, time, place and p 5.09 Waiver of Notice. Before or at anyjmeeting\o Director may, in writing, waive notice of such nieetiag and such waiver shall be deemed equivalent to the giving of such notice. Attendance by‘a Diyector at any meeting of the Board any meeting of the Board, no notice shall meeting.
quorum present, the majox of the adjournment and thédg Directors who did nor“affe which might have bs further notice.
irst ; meeting, At any such adjourned meeting, any business i at the meeting as originally called may be transacted without No member of the Board of Directors shall receive any By written, unanimous agreement, the have the right to take any action in the absence of a meeting which they could any.*heeting by obtaining the written approval of all the Directors. Any such action shall have the same effect as though taken at a meeting of the Directors.
5.14 Nomination and Election of Directors. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual Page 4 of 11 2016 FINAL BYLAWS OF THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC.
Page 50 of 70 meeting of the Members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The
INC.
Page 50 of 70 meeting of the Members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled.
Such nominations may be made from among Members or non-Members.
5.15 Resolution of Disputes. In the event of any dispute or disagreement between any Members relating to the Property, including but not limited to, The Lots and the Coptmon determination by the Board.
ARTICLE VI OFFICER: 6.01 Designation. The officers of the A ation shall be a President, a Vice and such assistant officers as the Board obser $9 I. Nfrorh time to time, elect. Such officers need not be members of the Board of Diréctorg b and Treasurer may be held by the same pe pant etfice of Vice President and Secretary or Sd Re/-DE an 6.02 Election of Of@C the Board of Directors at the 4 annual meeting of the Board.
7-6! the Board of Directors immediately following the cers so elected shall serve at the discretion of the gf Directors, any officer may be removed at any time for cause or for the members of the Bdg e essof is elected at any regular meeting of the Board of Directors, or at no cause until 4 any special még 30) days following the notice. The acceptance of such resignation shall not be ake it effective.
6:04 Vacancies. A vacancy in any office's position may be filled by appointment by the Board of Directors. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces or until his successor is elected.
on may be filled by appointment by the Board of Directors. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces or until his successor is elected.
6.05 . President. The President shall be the chief executive officer of the Association.
He shall preside at all meetings of the Association. He shall have all of the general powers and duties which are usually vested in the office of president of an association, including but not Page 5 of 11 2016 FINAL BYLAWS OF THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC.
Page 51 of 70 limited to the power to appoint committees from among the Members from time to time as he may in his discretion decide is appropriate to assist in the conduct of the affairs of the Association or as may be established by the Board or by the Members of the Association at any annual or special meetings.
6.06 Vice President. The Vice President shall have all the powers and authority and perform all the functions and duties of the President, in the absence of the President or his inability for any reason to exercise such powers and functions or perform such duties, and‘g perform any duties he is directed to perform by the President.
6.07 Secretary. The Secretary shall keep all the minutes of the meeting of-the Directors and the minutes of all meetings of the Association; he shall have chargé and papers as the Board of Directors may direct; and he shall, in general, perfe incident to the office of Secretary and as is provided in the First Amended Dé Bylaws.
persons lawfully entitled to inspect the same?
Inspection, Copying and Retention Policy.
6.08 Assistant Secretary. The Assistant 3¢ pny, shall have all the powers and
d in the First Amended Dé Bylaws.
persons lawfully entitled to inspect the same?
Inspection, Copying and Retention Policy.
6.08 Assistant Secretary. The Assistant 3¢ pny, shall have all the powers and or in the event the Secretary's inability for any rea ercise such powers and functions or to perform such duties, and also to perform gay iS directed to perform by the Secretary.
(A) The Association shall indemnify, to the extent provided in the following para: “any person who is or was a director, officer, agent, or employee of the Association.
In the event the provisions of indemnification set forth below are more restrictive than the provisions of indemnification allowed by Chapter 2lof the Business Organizations Code (the "Code"), then such persons named above shall be indemnified to the full extent permitted by the Act as it may exist from time to time.
Page 6 of 11 2016 FINAL BYLAWS OF THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC.
Page 52 of 70 (B) In case of a threatened or pending suit, action, or proceeding (whether civil, criminal, administrative, or investigative), against a person named in paragraph (A) above by reason of such person's holding a position named in such paragraph (A), the Association shall indemnify such person, if such person satisfies the standard contained in paragraph (C), for "amounts actually and reasonably incurred by such person in connection with the defense or settlement of the suit as expenses (including court costs and attorneys’ fees), amounts paid in settlement, judgments, penalties (including excise and similar taxes), and fines.
(C) A person named in Paragraph (A) above will be indemnified o
ding court costs and attorneys’ fees), amounts paid in settlement, judgments, penalties (including excise and similar taxes), and fines.
(C) A person named in Paragraph (A) above will be indemnified o determined in accordance with Paragraph (D) below that such person: (1) acted in good faith in the transaction which is #t § suit; and (2) reasonably believed: (a) if acting in his 6 (D) The termination o i g by judgment, order, settlement, conviction, or upon a plea of nolo contemtdgrs equivalent will not, of itself, create an irrefutable presumption that sucpperst ed\torsatisfy the standard contained in this Article VIL.
The Association may reimburse or pay in advance any reasonable uding court costs and attorneys’ _fees) which may become subject to his good faith belief that he has met the standard of conduct necessary for indemnification under paragraph (C), and (ii) undertakes in writing to repay such advances if it is ultimately determined that such person is not entitled to indemnification by the Association. The written undertaking required by this paragraph must be an unlimited general obligation of the person but need not be secured.
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Page 53 of 70 (H) The indemnification provided by paragraphs (A) through (E) above will not be exclusive of any other rights to which a person may be entitled by law, bylaw, agreement, vote of Members or disinterested Directors, or otherwise.
(i) The indemnification and advance payment provided by paragraphs (A) through (F) above will continue as to a person who has ceased to hold a position named in paragraph (A) above and will inure to such person's heirs, executors, and administrators.
(K)
y paragraphs (A) through (F) above will continue as to a person who has ceased to hold a position named in paragraph (A) above and will inure to such person's heirs, executors, and administrators.
(K) Association by reason of or arising out of or in connection with the forégeis Group Assessments.
(L). The Board of Directors, Officers, or ke shall enter contracts or other commitments as agents fer the Ass personal liability for any such contract or commitmen (A) or officers (or any other corporation, partnership, association, or other orgd any of them directly or indirectly have a financial interest) shall be void or Yojdakle ‘solely because of this relationship or because of the presence of participation of sugh-d or officer at the meeting of the board or committee thereof authorizing such cof ySaction, or because such person's votes are counted for such purpose.
) ragraph (A) above will apply only if: (1) The contract or transaction is fair to the Association as of the time it is authorized, approved or ratified by the Board of Directors, a committee of the Board, or the members; or (2) The material facts as to the relationship or interest of each such Director or officer as to the contract or transaction are known or disclosed to the Board of Directors or a committee of the Board and the Board or Committee nevertheless in good faith and authorizes or ratifies the contract or transaction by a majority of the disinterested Directors present, each such interested Director to Page 8 of 11 2016 FINAL BYLAWS OF THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC.
Page 54 of 70 be counted in determining whether a quorum is present but not in calculating the majority necessary to carry the vote.
AWS OF THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC.
Page 54 of 70 be counted in determining whether a quorum is present but not in calculating the majority necessary to carry the vote.
ARTICLE VII 8.01 Amendment to Bylaws. These Bylaws may be amended at a fegt meeting of the Members by a vote of a majority of a quorum of Members presex proxy.
8.02 Conflicts Between Documents. In the case of at Incorporation, as amended, and these Bylaws, the Articles sh conflict between the First Amended Declaration and thé Declaration shall control.
and in the case of any the addresses by writte ARTICLE X BOOKS AND RECORDS Books and Records. The books, records and papers of the Association shall at all times} reasonable business hours, be subject to inspection by any Member as provided in the Association's Records Inspection, Copying and Retention Policy.
ARTICLE XI NON-PROFIT ASSOCIATION Page 9 of 11 2016 FINAL BYLAWS OF THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC.
Page 55 of 70 11.01 Non-Profit Association. This Association is not organized for profit. No Member, Director, Officer or Member may profit from the operation thereof, and in no event shall any part of the funds or assets of the Association be paid as salary or compensation to, or distributed to, or inure to the benefit of any Director, Officer or Member; provided, however, always (1) that reasonable compensation may be paid to any Member, Director or Officer while acting as an agent or employee of the Association for services rendered in effecting one or more of the purposes of the Association, and (2) that any Member, Director or Officer may, from tiffie to time, be reimbursed for his actual and reasonable expenses incurred in connection.wi administration of the affairs of the Association.
and (2) that any Member, Director or Officer may, from tiffie to time, be reimbursed for his actual and reasonable expenses incurred in connection.wi administration of the affairs of the Association.
ARTICLE XII Q EXECUTION OF DOCUMENT, ©) 12.01 Execution of Documents. The persons who $hq atithorized to execute any including promissory eefetary or any Assistant notes, shall be two: the President or any Vice President, and Secretary of the Association.
13.01 Conflicting or Infetid Provisions} Notwithstanding anything contained herein to the contrary, should all or paft af Micle-cf these Bylaws be in conflict with the provisions of the Texas Property Cot ¢ Fexas Non-Profit Corporation Act, the First Amended Declaration or any other States Federal of Local law, such law or the First Amended Declaration remaining parts, so fi sibfe and is reasonable, shall be valid and operative.
ARTICLE XIV NOTICES addressed to each Owner at the mailing address or emailed, upon consent, to the email address last given by each Owner to the Secretary of the Association. If an Owner shall fail to give an address to the Secretary for mailing or emailing of such notices, all such notices shall be sent to the street address of the Lot of such Owner, and all Owners shall be deemed to have been given notice of the meetings upon placing the notice in the U. S. Postal Service irrespective of the actual receipt of the notices by the Owners.
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Page 56 of 70 ARTICLE XV MISCELLANEOUS 15.01 Fiscal Year. The fiscal year of the Association shall be the calendar year.
FINAL = BYLAWS OF THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC.
Page 56 of 70 ARTICLE XV MISCELLANEOUS 15.01 Fiscal Year. The fiscal year of the Association shall be the calendar year.
IN WITNESS WHEREOF, we being the Directors of The Courts of Canterbury Forest Homeowners Association, Inc., hereby adopt the foregoing Bylaws for the Association as,6& the Wd X BAleSe Nerifan — | Perey \O % (Opa = Treasures g amended Bylaws were duly adopted at a meeting of the Board of Tt day of Décgmek , 2016.
Secretary 11310.45001 / 423626 Page 11 of 11 2016 FINAL BYLAWS OF THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC.
Page 57 of 70 it C a Ofte THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC., A TEXAS NON-PROFIT CORPORATION ADOPTION OF CERTAIN POLICIES Pursuant to the authority granted the Board of Directors of The Courts of Canterbury Forest Homeowners Association, Inc. by the First Amended and Restated Declaration of Covenants, Conditions and Restrictions for The Courts of Canterbury Forest, an Addition sq the Association. If and to the extent any of these policies conflict with th 202, Texas Property Code, the provisions of Chapter 202 shall control.
following: Collection Policy Alternative Payment Plan étty Code shall supplement, define and clarify each policy. Furthermore, any ision of Chapter 202, Texas Property Code shall take precedence over this and which may be amended from time to time. If amended, the amendments or Page 1 of 13 2016 FINAL | THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC. -.ADOPTION OF POLICIES Page 58 of 70 COLLECTION POLICY In the Event any assessment payment is not paid within Thirty (30) days after its due
HE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC. -.ADOPTION OF POLICIES Page 58 of 70 COLLECTION POLICY In the Event any assessment payment is not paid within Thirty (30) days after its due date, it will be considered delinquent. The Association's policy regarding the collection of delinquent amounts and the procedure it will follow will be as follows: 1. If the amount is $10.00 or more, a delinquency notice will be sent to the owner to the owner’s address of record requesting payment. If the delinquency continues, a $25.00 laf& fee will be charged for each delinquent amount and interest on the delinquent amounts will € until the delinquent account has been brought current.
2. In the event an account becomes more than Sixty (60) da Association will send a final notice via certified mail to the owner’s address-e Pay Plan.
3. In the event an account becomes more than delinquent Owner either will not participate in the Alternative et Di the Alternative Pay Plan, the Association may empl al courisel-Depending on the Board's assessment of the delinquency and the legal advice it is the Association may have its legal counsel take such actions as are lawful to collect hich actions may include but not be limited to any one or more of the follovape; ( mand letter; (2) file a notice of the Real Property Records; (3) if required, notify all those holding voluntary liens sé he Owner's Lot that the Association has filed a Notice of Assessment Lien; 6) file gst for an order to proceed with an expedited 0 collect such debt, in accordance with State law. All e assessed against each individual delinquent Owner ner's Lot, if and as allowed by law or the Declaration.
sts set forth below are expected to be the minimum fee or cost the legal process.
e law. All e assessed against each individual delinquent Owner ner's Lot, if and as allowed by law or the Declaration.
sts set forth below are expected to be the minimum fee or cost the legal process.
(c) Letter to lien holders (if required) - $150.00 (d) Filing a Notice of Assessment Lien - $250.00 plus filing fees (e) Filing a Release of Assessment Lien (if all amounts plus this fee have been paid - $150.00 Page 2 of 13 2016FINAL | THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC. -.ADOPTION OF POLICIES Page 59 of 70 (f) File Request for Order on Expedited Foreclosure - not less than $1,000.00 but not to exceed the cost to the Association.
(g) Prosecute the litigation on behalf of the Association: At an hourly basis not less than $200.00/hr. and not more than $350.00/hr.
ALTERNATIVE PAYMENT POLICY Upon request of an owner with a delinquent account with the association, the board, skall enter into a payment plan with such owner, subject to the following guidelines: 1. The payment plan is available to owners who have deli assessments, special assessments or any other amount owed to the association.
a During the course of the payment plan, additiong reasonable costs association with the administration of the pa charged to the owner’s account.
elinqueft-bdlance shall be paid over a period of not less than three (3) months or more th ighteen (18) months with an initial payment of 20% of the amount owed and the emai ayments in equal installments.
4. Late fees, penalties and dé lection-related fees will not be added to the owner’s account while the Paymépt Pla 5. The Assog administering an Alterna 6. A pa not be available, except at the sole discretion of the board, to owners who have onor terms of a previous payment plan during the two years
he Paymépt Pla 5. The Assog administering an Alterna 6. A pa not be available, except at the sole discretion of the board, to owners who have onor terms of a previous payment plan during the two years t of such a previous payment plan.
of the terms of the payment plan other than those terms set forth in Texas §209.0062 are at the sole discretion of the board of directors.
All alternative payment plans become effective and are designated as “active” upon (@) the execution of Payment Plan signed by the President of the Association and the delinquent Owner; (b) receipt of the first payment under the plan; and (c) acceptance by the Association as compliant with this Policy.
Page 3 of 13 2016 FINAL | THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC. -.ADOPTION OF POLICIES Page 60 of 70 9. Owners are entitled to make partial payments for amounts owed to the Association only under a Payment Plan in compliance with this Policy.
10. A Payment Plan may be as short as three (3) months and as long as eighteen (18) months, based on the guidelines below. The durations listed below are provided as guidelines to assist owners in submitting a Payment Plan.
(a) Total balance up to 2 times annual assessment ... up to 6 months (b) Total balance up to 3 times annual assessment ... up to 12 months 11. A Payment Plan must include sequential, equal and pdypie proposed payments must equal the current balance plus Payment-PTe plus the estimated accrued interest.
12. _‘ If an owner requests a Payment Plan that will 7 cycle the owner will be required to pay future asse ts by the due date in addition to the payments specified in the Payment Plan.
13. If an owner fails to make pa Plan will be immediately voided and
7 cycle the owner will be required to pay future asse ts by the due date in addition to the payments specified in the Payment Plan.
13. If an owner fails to make pa Plan will be immediately voided and atid the owner placed in default. The hat the Payment Plan has been voided and If a Payment Plan is voided, the Association will resume the process for collecting amounts owed using all remedies available under the governing documents and the law.
16. The Association has no obligation to accept a Payment plan from an owner who has defaulted on the terms of a Payment Plan within the last two (2) years.
Page 4 of 13 2016FINAL | THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC. -.ADOPTION OF POLICIES - Page 61 of 70 PRIORITY OF PAYMENTS Except as otherwise authorized by law, payments received by the Association from an Owner shall be applied to the owner's debt to the association in the following order of priority: 1. Any delinquent assessments.
2. Any current assessments.
3. Any attorney's fees or third party collection costs incurred by the Ass incurred solely in connection with collection or assessments or any other charge provide the basis for foreclosure.
4. Any attorney's fees incurred by the Association in £6 enforcement action against the Owner.
5. Any fines assessed by the Association.
6. Any other amounts owed to the Association Directors.
NOTE: Texas statutes presently répuler ‘ pid any restriction in the Covenant which restricts or prohibits the inspection, ing f retention of association records and files in violation of the controlling provi C is f of any express prohibition or any provision as law, as set forth in the Covenant.
2V Estimated Costs In Advance. An Owner (or an individual drney or certified public accountant, provided the designation
any express prohibition or any provision as law, as set forth in the Covenant.
2V Estimated Costs In Advance. An Owner (or an individual drney or certified public accountant, provided the designation apd records requested and whether the Owner desires to inspect or copy the eipt of a written request, the Association may estimate the costs associated with each request, which costs may not exceed the costs allowed pursuant to Texas ¢ Code Section 70.3, as may be amended from time to time (a current copy of that the Owner remit such estimated amount to the Association. The Association will provide a final invoice to the Owner on or before the 30th business day after the records are provided by the Association. If the final invoice includes additional amounts due from the requesting party, the additional amounts, if not reimbursed to the Association before the 30th business day after the date the invoice is sent to the Owner, may be added to the Owner's account as an assessment.
If the estimated costs exceeded the final invoice amount the Owner is entitled to a refund, and Page 5 of 13 2016 FINAL THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC. -.ADOPTION OF POLICIES Page 62 of 70 the refund shall be issued to the Owner not later than the 30th business day after the date the final invoice is sent to the Owner.
2. Period of Inspection. Within ten (10) business days from receipt of the written request, the Association must either: (1) provide the copies to the Owner; (2) provide available inspection dates; or (3) provide written notice that the Association cannot produce the documents within the ten (10) days along with either: (i) another date within an additional fifteen (15) days
le inspection dates; or (3) provide written notice that the Association cannot produce the documents within the ten (10) days along with either: (i) another date within an additional fifteen (15) days on which the records may either be inspected or by which the copies will be sent to the eT; or (ii) after a diligent search, the requested records are missing and cannot be located.
Retention 1. Records Retention. The Association shall keep the following-re the times periods stated below: (a) Permanent: The Articles of incorporation Bylaws and the Covenant, any and all other gove regulations and policies and all amendments thereto re be effective against any Owner and/or Membe ents, guidelines, rules, he property records to 4.b. above), a retention period starts on the last day of the year in which the ds created and ends on the last day of the year of the retention period. For example, ‘cord is created on June 14, 2012, and the retention period is five (5) years, the retention period begins on December 31, 2012 and ends on December 31, 2017. If the retention period for a record has elapsed and the record will be destroyed, the record should be shredded or otherwise safely and completely destroyed. Electronic files should be destroyed to ensure that data cannot be reconstructed from the storage mechanism on which the record resides.
Page 6 of 13 2016 FINAL | THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC. -.ADOPTION OF POLICIES Page 63 of 70 2. Confidential Records. As determined in the discretion of the Board, certain Association records may be kept confidential such as personnel files, Owner account or other personal information (except addresses) unless the Owner requesting the records provides a court
d, certain Association records may be kept confidential such as personnel files, Owner account or other personal information (except addresses) unless the Owner requesting the records provides a court order or written authorization from the person whose records are sought.
3. Attorney Files: Attorneys’ files and records relating to the Association (excluding invoices requested by an Owner pursuant to Texas Property Code Section 209.008(d)), are not records of the Association and are not: (a) subject to inspection by the Owner; or (h) subjé& production in a legal proceeding. If a document in an attorney's files and records relatj 4. Presence of Board Member or Manager: No } Board or the Association's manager, certain records may onl from the office without the express written consent of the Boards 5. Charges: Charges shall be in accor attached as Exhibit 'A'.
which prohibits the installatio: The Board and/or the archit¢ct a DRO a CS ainst solar devices or energy efficient roofing, or any hich e6nflict with Texas law, as set forth in the Declaration.
arily to provide heating or cooling or to produce electrical or fing and transferring solar-generated energy. The term includes a device that has the ability to store solar-generated energy for Use in he production of power.
efgy Efficiency Roofing Defined. As used in this Policy, "Energy Efficiency shingles that are designed primarily to: (a) be wind and hail resistant; (b) Page 7 of 13 2016 FINAL § THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC. -.ADOPTION OF POLICIES Page 64 of 70 3. Architectural Control Committee Approval Required. Approval by the Architectural Control Committee (ACC) under the Declaration is required to obtain ACC
N, INC. -.ADOPTION OF POLICIES Page 64 of 70 3. Architectural Control Committee Approval Required. Approval by the Architectural Control Committee (ACC) under the Declaration is required to obtain ACC approval of a Solar Energy Device. Prior to installation, the Owner shall provide the ACC with a completed HOA ACC form. The Applicant must include at least the following information: (i) the proposed installation location of the Solar Energy Device; and (ii) a description of the Solar Energy Device, including the dimensions, manufacturer, model, and photographs or other accurate depictions showing the Device from each angle and position so that the AC understand the appearance of the Solar Energy Device.
4. The ACC is not responsible for: (i) errors in or omissions in the~ap submitted to the ACC for approval; (ii) supervising the installation or constryeti the leased premises.
6. Notwithstanding the foregoing, a So plicatidn-submitted to install a Solar Energy Device on property owned or maintained by ssociation or by the Members in common will not be approved despite compliance icy unless approved by the ACC and then by the Board of Directors in their saje out reference to this Policy unless approval is required by law 7. Approval Process. The deersiop e ACC will be made within a reasonable fin d by the Declaration which governs the review OF Ordihary> sensibilities. The ACC's does not have the right to make a @ Nope nce with the foregoing sentence if all Owners of adjoining (en written determinatign i approval of the Solar Application.
properties provi u ply with the following.
(a) The Solar Energy Device must be located on the roof of the residence located on the Owner's lot, entirely within a fenced area of the Owner's lot, or entirely within a
vi u ply with the following.
(a) The Solar Energy Device must be located on the roof of the residence located on the Owner's lot, entirely within a fenced area of the Owner's lot, or entirely within a fenced patio located on the Owner's lot.
(b) If the Solar Energy Device will be located on the roof of the residence, the ACC may designate the location for placement unless the location proposed by the Owner increases the estimated annual energy production of the Solar Energy Device, as determined by using a publicly available modeling tool provided by the National Page 8 of 13 2016 FINAL THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC. -.ADOPTION OF POLICIES Page 65 of 70 Renewable Energy Laboratory, by more than 10 percent above the energy production of the Solar Energy Device if installed in the location designated by the ACC.
(c) If the Owner desires to contest the alternate location proposed by the ACC, the Owner should submit information to the ACC which demonstrates that the Owner's proposed location meets the foregoing criteria.
(d) If the Solar Energy Device will be located in the fenced area of the lot or patio, no portion of the Solar Energy Device may extend above the fence lj located on the Owner's lot, then: (A) the Solar Energy Device may not exte or beyond the roofline. The Solar Energy Device must conform to the and the top edge of the Solar Device must be parallel to the roofliné silver, bronze or black.
9. If the Owner fails to cause the Solar Energy De with the approved Solar Application, the ACC may require the installed on the property; or (b) Remove the Solar Energy the approved Solar Application. Fat ar Kxergy Device in accordance with the approved Solar ¢ Mwner's sole cost and expense.
CC may require the installed on the property; or (b) Remove the Solar Energy the approved Solar Application. Fat ar Kxergy Device in accordance with the approved Solar ¢ Mwner's sole cost and expense.
b) Commence within thirty (30) days of approval; and (c) Be diligently prosecuted to completion.
Energy Efficiency Roofing Procedures and Requirements Page 9 of 13 2016FINAL | THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC. -.ADOPTION OF POLICIES Page 66 of 70 Except paragraph 6, all of the above applies to the installation of Energy Efficiency Roofing with appropriate substitution of wording so as to comply with said paragraphs.
RAIN BARREL OR RAINWATER HARVESTING SYSTEM POLICY In order to comply with Section 202.007(d) of the Texas Property Code, the following policy has been adopted by the Association.
1. An owner may not install a rain barrel or rainwater harvesting system ) if the Device is to be installed in or on property: (a) owned by the Association; (b) owned in common by the members of the Association; (c) located between the front of the owner’s street; (d) the System is other than a col Owner’s home; or (e) displays any language opothef don System as it is manufactured.
(a) The plans and specifications must show the proposed location, color, material, shielding devices, size and type of such system or device and any parts thereof.
(b) The plans must also identify whether the System or any part of it will be visible from any street, other lot or common area.
4. This policy shall supersede and render null and void any and all previously Page 10 of 13 2016 FINAL | THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC. -.ADOPTION OF POLICIES ‘Page 67 of 70
his policy shall supersede and render null and void any and all previously Page 10 of 13 2016 FINAL | THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC. -.ADOPTION OF POLICIES ‘Page 67 of 70 adopted policies regarding rain barrel or rainwater harvesting system and may not be enforced if and to the extent is does not comply with the Texas Property Code or other law.
FLAG DISPLAY AND FLAGPOLE INSTALLATION POLICY In order to comply with Section 202.011 of the Texas Property Code, the following guidelines are established by the Board as they pertain specifically to display of the flags of the United States of America, the flag of the State of Texas and any official or replica flag of, any branch of the United States armed forces and the installation of flagpoles. Other flags \are governed by the First Amended Declaration, as amended.
2. A flagpole attached to a dwelling op of permanent long-lasting materials with 2 construction of the flagpole and harmonio KA 3. The display of a flag or #he_leca must comply with applicable Zing dinafick following requirements: (a) Ano SS a flagpole which is greater than twenty feet (20’) in height.
(b) may not install more than one flagpole on the owner’s property.
splayed may be greater than 3’ x 5’ in size.
y flagpole must be equipped to minimize halyard noise. The preferred ough the use of an internal halyard system. Alternatively, swivel snap hooks (e) No owner may install lights to illuminate a displayed flag if the lights constitute a nuisance due to their size, location, intensity or other characteristics.
(f) No owner may locate a displayed flag or flagpole on property that is owned or maintained by the Association or owned in common by other Owners (excepting Owners who own an interest in the same Lot.)
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locate a displayed flag or flagpole on property that is owned or maintained by the Association or owned in common by other Owners (excepting Owners who own an interest in the same Lot.)
Page 11 of 13 2016 FINAL | THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC. -.ADOPTION OF POLICIES Page 68 of 70 4. A displayed flag and the flagpole on which it is flown must be maintained in good condition and any deteriorated flag or deteriorated or structurally unsafe flagpole must be repaired, replaced or removed.
5. Prior to erecting or installing a flag and/or flagpole, an owner must first submit plans and specifications to and receive the written approval of the Architectural Control Committee. The plans and specifications must show the proposed location, material, size and type of such flag and flagpole (and all parts thereof, including any lights to illun displayed flag).
6. This policy shall supersede and render null and void any and adopted Flag Display policies adopted by the Board.
DISPLAY OF RELIGIOUS SYMBOLS WHEREAS the Texas Legislature passed House Bill 1278 w Texas Property Code by adding Section 202.018 which require oniply with Section 202.018 of the Texas bby the Board: “Association”) is allowed to adopt certain espric of NOW, THEREFORE IT IS RESOLVED, in.ondeNo Property Code, the following guideline 6 sstablishec 2. Violates law; 3. Is patently offensive{o.a 4. Is ina location o#her th frame; and 5. in the aggregate pds 25 square inches.
sui de and render null and void any and all previously adopted Religious opted by the Board.
2R RESOLVED that this Religious Display Policy is effective upon adoption and effect until revoked, modified, or amended.
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oid any and all previously adopted Religious opted by the Board.
2R RESOLVED that this Religious Display Policy is effective upon adoption and effect until revoked, modified, or amended.
Page 12 of 13 2016 FINAL | THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC. -.ADOPTION OF POLICIES Page 69 of 70 CERTIFICATION I, Michael Sullivan, President of The Courts of Canter Forest Homeowners Association, Inc. certify that the following policies were du y/adgpted t a ef Directors Michael Sullivan, President ACKNOWLEDGEMENT STATE OF TEXAS § § COUNTY OF TARRANT § On this this Z day of 10678.45001/423115 Page 13 of 13 2016FINAL | THE COURTS OF CANTERBURY FOREST HOMEOWNERS ASSOCIATION, INC. -.ADOPTION OF POLICIES Page 70 of 70 MARY LOUISE GARCIA COUNTY CLERK 100 West Weatherford Fort Worth, TX 76196-0401 PHONE (817) 884-1195 MICHAEL SULLIVAN 1008 TROWBRIDGE COURT KELLER, TX 76248 Submitter: MICHAEL SULLIVAN S Filed For Registration: 5/3/2017 2: M NS Instrument #: D217098804 OPR oH PGS $288.00 By: D21709880: ESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY OLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.