Jefferson County Clerk Jefferson County Clerk Jefferson County Clerk Jefferson Countyperk Jefferson Court Clerk 2016013062 Jefferson Coum Clerk Jefferson County Clerk Jefferso Jefferson County Clerk DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR THE GARDENS AT STERLING RIDGE NEDERLAND, JEFFERSON COUNTY, TEXAS Jefferso Jefferson County Clerk Jefferson County Clerk /// Jefferson County Clerk Jefferson County Clerk Jefferson County Clerk Jefferson County Clerk Jefferson County Clerk Jefferson County Clerk Jefferso //// punty C Clerk Declaration of Covenants, Conditions & Restrictions for The Gardens at Sterling Ridge punty Clerk unty Clerk Page 1 of 33 punty Clerk Jefferso 2016013062 Page 2 of 34 DECLARATION OR. SOVENANTS, CONRITIONS AND RESTRISTIONS & fHE GARDENS AT QfERLING RIDGE (STERLING RIDGE GARDENS FINAL PLAT) THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § WHEREAS, This Declaration of Covenants, Conditions, and Restrictions is made on April 28, 2016, bysWederland Sterling Ridge, LLG¢’a Texas Limited Liability Coggany, hereinafter referred to ag either athe Declarant’ or “the Developgr being one and the same, is ae owner of all of that certain rest property x located in Jefferson County, Pexas, descried as follows: = & & All of Lots 1 thed"20 of the Sterling Ridge Gardhs final plat, an addition to the City of Nederland, Jefferson County, Texas, being more fully described by metes and bounds on the Plat, together with additions thereto as may be made subject to the terms of this Declaration and any Supplemental Declaration of Covenants executed and filed, from time to time, by Declarant in the Official Public Records of Jefferson County Texas, for
subject to the terms of this Declaration and any Supplemental Declaration of Covenants executed and filed, from time to time, by Declarant in the Official Public Records of Jefferson County Texas, for which a plat has been approved and filed, for a subdivision known as Sterling Ridge Gardens, also referred to as The Gardens at Sterling Ridge, a subdivision in Nederland, Jefferson County, Texas. The Plat has been filed under Clerk’s file No.
x 2015037379 official public gecords of Jefferson County, Texas, to which reference is < hereby made for all purpgses (“Property”); and So & o WHEREAS, The Deffarant has devised a general pfan for the Property as a wholeWwith specific ge provisions for ents ots and parcels of the Property his general plan provides a gémmon scheme benefit the Property in general, the parcels and lots that constitute the Property, the Declarant, and each successive owner of an interest in the Property; and WHEREAS, Declarant desires to create a residential community on the Property with residential lots and improvements, including Common Property for the benefit of Declarant and each successive Owner of the Property and to provide for the efficient preservation of the values and enjoyment of the amenities within the Property and for the maintenance of Common Property, as a part of the general plan of development Declarant desires $9 impose upon the Property fee covenants, conditions, restg¢tions easements, charges, and liens cgfiained in this Declaration and, Le create the Association to whigh will be Selegated and assigned the power of maintaining and administering the Property and Comme Property
ents, charges, and liens cgfiained in this Declaration and, Le create the Association to whigh will be Selegated and assigned the power of maintaining and administering the Property and Comme Property gs in accordance with the terms f this Declaration; and ¢ oS ee NX Ss Ss cS ge PO WHEREAS, D&clarant has formed a non-profit corporation known as “The Gardens at Sterling Ridge Homeowners’ Association” (the “Association’) under the Nonprofit Corporation Act of the State of Texas (the “Act’); and Declaration of Covenants, Conditions & Restrictions for The Gardens at Sterling Ridge Page 2 of 33 x x & XX XS 2016013062 Page 3 of 34 ef RY x Ss & & & WHEREAS, the Degafint will convey the above degtibed properties in accordangé\ with both é the doctrines of restrictive §svenant and implied equitable servitude; and s WHEREAS, ae Declarant desires to restrift the Property according to%these covenants, conditions, and restrictions in furtherance of this general development plan as hereinafter set forth; NOW, THEREFORE, it is hereby declared that all of the property described above shall be held, sold and conveyed, subject to the following easements, restrictions, covenants and conditions which are for the purpose of protecting the value and desirability of, and which shall run with the above described real property, and shall be binding on all parties having any right, title or interest in or to the above described properties or any part thereof, their heirs, successors, and assigns, and which easements, resittions, covenants, and conditi¢s shall inure to the benefit of eich owner thereof. x s s DEFINITIONS" s
heirs, successors, and assigns, and which easements, resittions, covenants, and conditi¢s shall inure to the benefit of eich owner thereof. x s s DEFINITIONS" s The following words, when used in this Declaration, have the following meanings.
“Architectural Control Committee” means the Architectural Committee described in Article IX of this Declaration.
“Assessment” means the regular annual assessments, special assessments, and default assessments levied by the Association as determined by the Board of Directors.
‘AgSociation’ means The Gardess at Sterling Ridge Homeoyers’ Association, a Texas dnprofi t Sdrporation, its successors age assigns, which shall have ¢he duty of maintaining, opegsting, and < managing the Common Arexas provided in this Declaration eo S £ Ss ¥ “Board of Directors” ory joard” means the governing bat of the Association, the elects and procedures of which are set forth in the articles of incorporation and the bylaws of the Association.
Ss “Builder” means any person or entity that (1) is actively engaged in the business of building homes for sale to third parties, (2) has acquired a Lot or Lots for the purpose of constructing Dwelling Unit(s) for sale to third parties, and (3) has constructed and sold at least two single family residences in the prior twelve months.
“Common Area’, “Common Propergy’ means the portions of the Rroperty, including any improvements thefeon and any SP PRIMENETHOES hEreto, that is held, managed gasouned by the Association foresommon gi8e and enjoyment. Ss s s Sf & < “Declarant” shall mean a refer to Nederland Sterling Rise, LLC, its successors and agefons. However, as used in this sectionythe term “assigns” shall not batonstrued | to mean, refer to onficlude any person
rant” shall mean a refer to Nederland Sterling Rise, LLC, its successors and agefons. However, as used in this sectionythe term “assigns” shall not batonstrued | to mean, refer to onficlude any person or entity which shall acquire one (1) or more of the Lots in the Addition, whether improved or unimproved, for occupancy or resale, unless the said Nederland Sterling Ridge, LLC, or its successor, shall expressly assign unto such assignee all of its rights and privileges as “Declarant” under the Declaration.
Declaration of Covenants, Conditions & Restrictions for The Gardens at Sterling Ridge Page 3 of 33 pe 2016013062 Page 4 of 34 & “Declaration” shall mean ag refer to this Declaration of (venants, Conditions and Reséfictions of The ¢ Gardens at Sterling Ridge; an Addition to the City of Negérland, Jefferson County, Texg8, as recorded in : the Official Public Records of Real Property of Jeffersén County, Texas, together with’ any Supplemental Declaration(s) hereafter filed of record in the same office by Declarant, its successors or assigns, for the purpose of bringing additional property within the scheme of the Declaration and within the jurisdiction of the Association, as provided in this Declaration.
“Developer” shall mean and refer to Nederland Sterling Ridge, LLC, a Texas limited liability company, and its successors and assigns.
“Dygilling Unit’, “Dwelling” meangé&iny building or portion of a.piiilding, situated upon a Lot.¢ Lots, @signed and intended for use a occupancy as a residence bya single person, a couple, a femily, or a permitted family-size group ofsfersons. eS : oO 9 G J & Co
iiilding, situated upon a Lot.¢ Lots, @signed and intended for use a occupancy as a residence bya single person, a couple, a femily, or a permitted family-size group ofsfersons. eS : oO 9 G J & Co $s “Front Yard” shall meag*and refer to a space on theft facing a Street (as hereigéfter defined) and extending across the front of the Lot between the Side Lines (as hereinafter defined) and being the horizontals distance between the Street Line (as hereinafter defined) and the Dwelling or any projection thereof other than the projection of the usual steps and eave overhangs.
“Garage” shall mean and refer to a building detached from the Dwelling or a portion of a Dwelling in which motor-driven vehicles are stored.
“Height” shall mean and refer to the measurement from the average established grade at the Street Line atatting the Lot or, if higher, fromdffe highest ground level of the 48 points where the Front Settgtk Line is hereinafter defined) intersegt the two Side Lines of the Lgé'to the highest point of the irgstovement e e e Ss © being measured.
‘2 e e x “Mortgage”, “deed of tryst, or “trust deed” shall mean ad refer to a pledge of a secur interest in or the creation of a lien upon a Lot and/or Dwelling Unit.
“Lot” means, with respect to any Property for which a subdivision map or plat (including the Plat) has been recorded in the Map Records of Jefferson County, Texas, each lot shown on such recorded subdivision plat. “Lot” shall not be deemed to include any portion of the “Common Area” (defined herein as any Common Area shown on the Plat) in the Subdivision, regardless of the use made of such area.
“Member” shall mean and refer ta each and every person or gntity who holds membership in the
d herein as any Common Area shown on the Plat) in the Subdivision, regardless of the use made of such area.
“Member” shall mean and refer ta each and every person or gntity who holds membership in the Association, as provided in the Dgtfaration and further defined beds and in Article II of this Declatation.
x “Owner” means the record afer (including a Builder), whettfer one or more persons or entifés, of the fee simple title of any Lot byéotwithstanding any applicable theory of mortgages or othes Security devices, ¥ does not mean a mofigagee or trustee under a mértgage or deed of trust unlé$s and until such mortgagee or trustee has acquired fee simple title pursuant to foreclosure or a conveyance in lieu of foreclosure. A person or entity holding or claiming an interest in a Dwelling Unit or Lot under an executory contract, contract for deed, option to purchase, lease, or license is not considered an Owner.
Declaration of Covenants, Conditions & Restrictions for The Gardens at Sterling Ridge Page 4 of 33 x x 3 3 3 3 2016013062 Page 5 of 34 Ss “Plat” means the plat or apy replat of the Property or ary portion thereof filed in the Map Records of g© Jefferson County, Texaye” ee ee “Property” has the meaning given to it in paragraph 1 of the Recitals above.
“Rear Line” shall mean the opposite of the Street Line.
“Resident” means each person (not otherwise an Owner or Member) authorized by an Owner to reside within such Owner's Dwelling Unit.
‘Sige Line” Shall mean and refer tggiiny boundary line of a Lot whiggis not a Street Line or Rear Lge.
"Street" shall mean and referdé the roadways dedicated by tag Developer according to the Plat of record.
efer tggiiny boundary line of a Lot whiggis not a Street Line or Rear Lge.
"Street" shall mean and referdé the roadways dedicated by tag Developer according to the Plat of record.
¥ “Street Line” shall meagand refer to that boundary lye of a Lot which is also the tindary line of a Street.
“Subdivision” shall mean and refer to the Lots located within the Plat of Sterling Ridge Gardens filed in the Jefferson County Records under Clerk’s File Number 2015037379.
“Two-Thirds Member Vote” means two-thirds (2/3™) of the Members (regardless of class) at a meeting duly called at which at least 51% of all Members (regardless of class) are in attendance in person or by written proxy. If a Member wishes to use a written proxy it must be filed with the Association at least twedve (12) hours before the meetisy called for purposes of the veté. Se £ & ADDITIONS TO THE PROPERTY & 2.01 | Membership. Every person or entity who is a record owner of any Lot is automatically a Member of the Association, subject to the terms of this Declaration, the Articles of Incorporation, and the bylaws of the Association and the Association's rules and regulations. Membership of an Owner in the Association is appurtenant to and may not be separated from the interest of such Owner in and to a Lot. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Ownership of a Lot is the sole x qualification for being a Member; however, a Member's privileges in the Common Property may © — be regulated or suspended” as provided in this Declaratia the bylaws of the Associatiag? and/or
e sole x qualification for being a Member; however, a Member's privileges in the Common Property may © — be regulated or suspended” as provided in this Declaratia the bylaws of the Associatiag? and/or * the Association’s ruleggnd regulations. Regardless ihe number of persons who gay own a Pi Lot (such husband £fid wife, or joint tenants, etc.) ere shall be but one membegship for each ee Lot. Additionall the Directors of the Associatig¢? shall also be Members of thg“Association (as Bylaws of the Association.
Declaration of Covenants, Conditions & Restrictions for The Gardens at Sterling Ridge Page 5 of 33 & XX XS 2.05 2016013062 Page 6 of 34 * oe Xx XS Xx Transfer. Memberspis*in the Association may not Be severed from or in any waystransferred, pledged, mortgagegs or alienated except upon the,sale or assignment of said Owger's interest in a Lot and theng®nly to the purchaser or asggnee. Membership cannot ke” severed by an encumbrance. *Owners shall notify the Association of the conveyance of the fee title to a Lot. A conveyance automatically transfers the membership to the new Owner. In the event an Owner fails or refuses to provide written evidence of such conveyance, the Association will have the right to record the transfer upon the books and records of the Association.
Ro ¢ RS S eS & Non-Profit Association. The Gardens at Sterling Ridge Homeowners’ Association, LLC, is a nonprofit limited liability company which has been organized and shall be governed by the Certificate of Formation and Bylaws of said Association; and all duties, obligations, benefits, liens and rights
profit limited liability company which has been organized and shall be governed by the Certificate of Formation and Bylaws of said Association; and all duties, obligations, benefits, liens and rights hereunder in favor of the Association shall vest in said company. e < Ro ro Bylaws. The Associgtion has adopted or may adogp Whatever Bylaws it may chogsS to govern the organization gg*operation of the Subdivision.cind the use and enjoyment ofthe Lots and Common Areaggrovided that the same are nggsfi conflict with the terms and pesvisions hereof, Class of Membership. The Association has two classes of voting membership.
CLASS A. Class A Members are all Members with the exception of Declarant. Class A Members are entitled to one (1) vote for each Lot owned by the member. When more than one (1) person or entity holds such interest or interest in any Lot, all such parties are Members, and the vote for such Lot may be exercised as they, among themselves, determine, but in no event can more than one (1) vote be cast with respect to any such Lot. .
se oe Re CLASS B. The Clasg Member is the Declarant. Te Class B Member is entitled geeight (8) votes for each Lot gwiied by the Class B Member ti the Class B Member has sold 20 Lots, at which time the Clag$ B Member will be entitled toe (1) vote per Lot. & Additions to the Property. Additional tracts of land, together with the improvements situated thereon, may become subject to the Declaration and added to the Property in any of the following manners: (a) Declarant may, without the consent of any Owner and at its sole option, at any time within ten (10) years from the date or recordation of this Declaration, add to the Property all or any portion of any other real property (the “Additional Property”), by filing of record
, at any time within ten (10) years from the date or recordation of this Declaration, add to the Property all or any portion of any other real property (the “Additional Property”), by filing of record one or more Supplemental Declarations of Covgnants, Conditions, and Restrigtions, which extend the’ covenants conditions, and g€strictions of this Declaratioa’to the Additional Progeity. Any such Supplementa¥ Declaration may contain adgitions and as necessary to reflect the diferent faracer if any, of the Adgftional Property consist@nt with the concept of this Weclaration. In no event, heWever, shall such Supplemental Declaration modify or add to the covenants established by this Declaration for the Property existing prior to the filing of any such Supplemental Declaration unless such modifications and additions are approved by a Two-Third Member Vote. Declarant Declaration of Covenants, Conditions & Restrictions for The Gardens at Sterling Ridge Page 6 of 33 2016013062 Page 7 of 34 Ss may make apy such addition even though atdfie time such addition is madeSeclarant is Ss not the Quer of any portion of the Praperty. Each Supplemental Qetlaration shall & designgté the number of separate tracjg*comprising the Additional Proxférty which are to ‘ constittite lots and each lot or tract shall constitute a “Lot” within the meaning of this Declaration. All or any part of the Additional Property and improvements located thereon owned by Declarant or any interest held by Declarant in the Property may be conveyed, transferred, or assigned to the Association and designated as Common Property by the
improvements located thereon owned by Declarant or any interest held by Declarant in the Property may be conveyed, transferred, or assigned to the Association and designated as Common Property by the Declarant at its sole discretion and without the approval, assent, or vote of the Association or of its Members, provided that any property so conveyed must be free and clear of any and all encumbrances, taxes and assessments. Nothing contained herein requires Declarant to add Additional Property. Moreover, Declarant reserves the right to e subject any Additigfial Property or any part theregé Yo one or more separate deqigfations s of covenants, gdnditions, and restriction whig subject the Additional PropgXy to the e jurisdiction ean association or other entity°with powers and obligations @inilar to the S Associatig# and which may or may not beSubject to the provisions of thigSeclaration.
(b) The annexation of Additional Property can be accomplished by Declarant without the joinder of any other party.
ARTICLE Ill PROPERTY RIGHTS IN THE COMMON PROPERTY 3.01 Right of Enjoyment. Every Member shall have a beneficial interest of use and enjoyment in and x fo the Common Areas and such right shall be appurtenant fo and shall pass with the title tqevery & assessed Lot; however, sith rights do not give Membergthe right to make alterations, aititions, Ss or improvements to theommon Property. RS = ce 3.02 Title to the Copaffon Property. The Declaragé’ shall convey to the Associgffon, by Special ¥ Warranty Dees fee simple title to the Comfion Property, or in the case’where easements constitute part of the Common Property, Declarant shall assign and transfer such easements to
gffon, by Special ¥ Warranty Dees fee simple title to the Comfion Property, or in the case’where easements constitute part of the Common Property, Declarant shall assign and transfer such easements to the Association; in each case free and clear of all encumbrances, other than the lien of taxes and assessments for the current year not yet due and payable, utility easements, pipelines, setback lines, mineral interests, and other matters filed in the Official Public Records of Jefferson County, Texas.
3.03 Extent of Members’ Rights. The rights of use and enjoyment created hereby are subject to the Sy following: x x S$ maintenangs of the Common Property .fficluding limiting the numbese of guests of & Membepy) & & (b) The right of the Association to charge reasonable admission and other fees for the use of any facility situated upon the Common Areas; Declaratign of Covenants, Conditions & Restrictions for The Gardens at Sterling Ridge Page 7 of 33 Declaration of Covenants, Conditions & Restrictions for The Gardens at Sterling Ridge Page 8 of 33 2016013062 Page 8 of 34 oe oe S & s Ss pn Se < Ss (c) Following 4 we approval by a Two-Thirds ember Vote, the right of the fSsociation, in accordagte with its Articles, to borrowemoney for the purpose of ingstoving Common Property and facilities and to mortgage the Common Property to sectire a loan for such purposes; (d) The right of the Association, as may be also provided by its bylaws, to suspend the voting rights of any Member and to suspend the right of any individual (including
tire a loan for such purposes; (d) The right of the Association, as may be also provided by its bylaws, to suspend the voting rights of any Member and to suspend the right of any individual (including Members, guests, and Residents) to use any of the Common Areas for any period during which any Assessment against a Lot owned by such Member remains unpaid, and for any period not to exceed sixty (60) days for an infraction of its rules and regulations, oS (e) The right of the” Oo sriation to suspend heeSbmbers right to use any rgsreational facilities withdhe Common Area, after notiag Sand hearing by the Board of@irectors for the infragtién or violation by such Membér or related user of this Degfaration or the ‘Rules gid Regulations’, as hereinaftesefined, which suspension shgf continue for the duration of such infraction or violation, plus a period not the exceed sixty (60) days following the cessation of curing of such infraction or violation; and, (f) Following approval by a Two-Thirds Member Vote, the right of an Association to dedicate or transfer all or any part of the Common Property to any public agency, authority, or utility for such purposes and upon such conditions as the Board of Directors of the Association may determine in its sole discretion.
oe oe & $ ARTICLEIV & $ COVENANT FOR MAINTENANGE*ASSESSMENTS & & £ & Creation of th & en_and Personal Obligation f ‘Assessments. Declarant, fongich Lot owned by it within the Property, hereby covenants and agrees, and each purchaser of a Lot (by acceptance of a deed, whether or not it is so expressed in any such deed or other conveyance), hereby covenants and agrees to pay to the Association (or a payee designated by the Association):
Lot (by acceptance of a deed, whether or not it is so expressed in any such deed or other conveyance), hereby covenants and agrees to pay to the Association (or a payee designated by the Association): (a) Annual Assessments or charges, to be paid in installments as the Board of Directors of the Association may direct; (b) Special Assessments for capital expenditures, such assessments to be «fi ixed, established, and ¢ CSllected from time to time as hefeinafter provided: and & s * Ss (c) Default asgeSements which may be assesged against an individual Owngéo reimburse the Assgsfation for extra maintenance repair costs incurred as a sult of the willful or negigjent acts or omissions of suchNOwner, or the Owner's family, égents, guests, and invitees, such default assessments to be fixed, established, and collected from time to time as hereinafter provided. The regular annual Assessments, special Assessments, and default Assessments, together with such interest thereon and costs of collection 2016013062 Page 9 of 34 x x x & & & thereof as hefSinafter provided (collectivelyS*Assessments') shall be a gharge and continuing.sfen upon each Lot against «Which such Assessment is fade. Each Assessyeent, together with such intergst thereon and costs of collgétion thereof, as hereinfter provided, also are considet&d the continuing personal oblitfation of the person who was the Owner of such Lot at the time when the Assessment became due. The annual assessments are payable provided in this Article IV.
Purpose of Assessments. The Assessments levied by the Association are to be used: (a) (b) (a) for the purpose of promoting the recreation, health, safety and welfare of the Owners of the Subdivision and other provisions of adjacent annexable areas which hereafter may
re to be used: (a) (b) (a) for the purpose of promoting the recreation, health, safety and welfare of the Owners of the Subdivision and other provisions of adjacent annexable areas which hereafter may become subject tg.the jurisdiction of the Associatigh. Assessments shall be useg¥or the improvement maintenance of Common RrSperty or services in furtheragce of the these purposes and the performance of the &SSociation's duties, including bat not limited to maintengince of the cluster mailbox kiogk, landscaping, and monumenkS8igns, or other property”services and facilities devotg¥’to this purpose and directl slated to the use and enjoyment of the Common Property including, but not limited to, the payment of taxes on and insurance in connection with the Common Property and the repair, replacement, maintenance, and additions thereto; for paying the cost of labor, equipment (including the expense of leased equipment) and materials required for, and management and supervision of, the Common Property; for carrying out the. duties of the Board of Directors of the Association as set forth in Article V hereaftgg*including, but not limited toe payments by the Associatigh of all charges payaki in connection with electricitysyas, sewer, water, and garbage pick-up services, and installation, maintenance, Bia operation of lighting for de Common Property. & & we cS Y Y Y for determining the amount of the Assessments in accordance with this Declaration to such level as is reasonably necessary in the judgment of the Board to cover obligations of the Association under this Declaration, including maintenance of reasonable cash reserves.
Basis and Amount of Assessments Prior to January 1, 0016, the annual Assessment for each Lot owned by an Owner shall
ociation under this Declaration, including maintenance of reasonable cash reserves.
Basis and Amount of Assessments Prior to January 1, 0016, the annual Assessment for each Lot owned by an Owner shall be $500.00; De¢irant shall pay $37.50 for eah Lot owned by Declarant; gffid any Builder shall pgf'$250.00 foreachLot. s e & e . S S Beginning’ January 1, 2017, and each yéar thereafter, the annual AsggSsment for that year sfall be set at the annual mésting of the Board of Direcrs. The annual Assessment for each Lot owned by Declarant, at the time of annual Assessment, shall be an amount equal to fifteen (15%) of the amount assessed against a single Lot owned by a Member other than Declarant or Builder, unless a Lot owned by Declarant is improved Declaration of Covenants, Conditions & Restrictions for The Gardens at Sterling Ridge Page 9 of 33 2016013062 Page 10 of 34 * with a Dwelling nit that is occupied, in whichsvent the annual Assessment §r such Lot s shall be egtial to the annual Assessmer assessed against a single dot owned by ce another, fémber. The annual Assess for each Lot owned by a Bujiér at the time of annuai’Assessment shall be an amowft equal to fifty (560%) of the efinual Assessment assessed against a single Lot owned by a Member other than Declarant or Builder, unless a Lot owned by a Builder is improved with a Dwelling Unit that is occupied, in which event the annual Assessment for such Lot shall be equal to the annual Assessment assessed against a single Lot owned by another Member; (c) Provided that the Board has received approval by a Two-Thirds Member Vote, the annual assessment for each Lot may exceed the amounts set forth in Section 4.03 (a) or
e Lot owned by another Member; (c) Provided that the Board has received approval by a Two-Thirds Member Vote, the annual assessment for each Lot may exceed the amounts set forth in Section 4.03 (a) or s (b) above, but "3 gemmence on January 1 of ner following the vote. & FS authorized by Section 4.03 above, in any year thesAssociation may levy a specigt Assessment, ro applicable to theé year only, for the purpose agetfefraying, in whole or in partgthe costs of any ¥ construction of reconstruction, repair or replacement of any capital imprSvement upon the Common Property, including the necessary fixtures and personal property, provided that any such Assessment for capital improvements must be approved by a Two-Thirds Member Vote.
4.05 Date of Commencement of Assessment Due Date. The annual assessments provided for herein shall commence of the earlier of: (a) January 1, 2016; or } (b) when the first Lotis sold. Assessments shall ee prorated from the date of sais; with an So Owner beingeillocated a portion of the Assag8ment due based on the rate eHarged to an - Owner othst than Declarant or a Builder user 4.03 above. The due datebr dates, if the & Board g¥Ows payment in installments, gfany special Assessments ungér section 4.04 or of any default Assessment under Section 4.01, shall be fixed in a resolution by the Board. Unless otherwise determined by the Board, the due date for all annual Assessments shall be thirty days after notice of Assessment is mailed to Owners.
4.06 Duties of the Board with Respect to Assessments.
(a) The Board shall determine the Assessment against each Lot and notify each Owner in
thirty days after notice of Assessment is mailed to Owners.
4.06 Duties of the Board with Respect to Assessments.
(a) The Board shall determine the Assessment against each Lot and notify each Owner in writing at least thirty (30) days prior to the due date, and prepare a roster of the Lots and oe Assessments whjgr shall be kept in the office asthe Association and shall besgpen to £ 4.07 The Board shall, fon an Owner's written requesesind payment of any reasonahié fee set by the & Board, furnish 46*an Owner liable for each Assg&sment a certificate in writing g§ned by an officer of the Association setting forth whether or not such assessment has been paid. Each certificate shall be conclusive evidence of payment of any Assessment therein stated to have been paid. A reasonable charge may be made by the Board for the issuance of such certificates.
Declaration of Covenants, Conditions & Restrictions for The Gardens at Sterling Ridge Page 10 of 33 ¥ (a) 2016013062 Page 11 of 34 x x x x x oY oy @ ° * Effect of Non-Paymensst Assessment: Personal Obligétion of the Owner, the Lien, Réthedies of CG SG S Association s s é < es & ae lf anyAssessment or any part theres? is not paid on the date(s) when due, then the unpaid amount of such Assessment shall become delinquent and shall, together with such interest thereon and the costs of collection as hereinafter provided, be a continuing lien (the “Lien”) on the applicable Lot. The Lien shall be unaffected by any sale or assignment of a Lot and shall continue in full force and effect. No Owner may waive or otherwise escape liability for the Assessments because of non-use of the Common Property or abandonment of the Lot.
S ©
ment of a Lot and shall continue in full force and effect. No Owner may waive or otherwise escape liability for the Assessments because of non-use of the Common Property or abandonment of the Lot.
S © In order to securesthe full and timely payment Qfsall Assessments and other agrounts payable by eachOwner hereunder, each Owng by his acceptance of a deer other conveyance gfthe Lot and regardless of wg or not such deed or other gonveyance expressly gontains such a provision, does ereby grant and convey untgs e President (from tiggé to time) of the Board of Diragrs (or its designated represexéative) in trust as Trustee (the “Trustee”), for the benéfit of the Association, the Lott$) owned by such Owner, subject to all easements and other encumbrances affecting such Lot, provided, that each such grant shall be subordinated to the liens of any Mortgage; and for these purposes the provisions of this Section 4.07(b) shall be deemed to have created a deed of trust (the “Deed of Trust’) lien covering such Lot with a power of sale granted to the Trustee in accordance with the provisions of Chapter 51 of the Texas Property Code (the “Code”) as it may be amended from time to time. The Deed of Trust created hereby shall be upon the same terms and conditions, and shall provide to the Association all of the rights, benefits age privileges of the Deed of Jaist promulgated by the State’Bar of Texas, and algamendments, modifications, aNd substitutions thereof, whigs form is through itssPresident or any Vice Presidggf, shall have the right in its sg discretion at
f. The Assogigtion, acting through itssPresident or any Vice Presidggf, shall have the right in its sg discretion at succeed to all rights and responsibilities of the then acting Trustee.
Without limiting the remedies available upon the occurrence of a default by any Owner in the payment of any Assessment or other amount due and payable hereunder, the Association may, at its election and by and through the Trustee, sell or offer for sale the Lot owned by the defaulting Owner to the highest bidder for cash at public auction in accordance with the provisions of the Code. The Association may, at its option, accomplish such foreclosure sale in such manner as permitted or required by the | Code or by any other present or future laws relating tage same. After the sale of any Lot in accordance witssthe provisions of this Sectiog4.07(c), the Owner of such Let shail be divested of ely and all ownership interest ind the proceeds of any suchcSale shall be applied inefe following order of priority: £ (i) eo the payment of the costs an@expenses of taking possessiagfof the Lot (ii) to the payment of reasonable attorney fees and Trustee’s fees (iil) to the payment of costs of advertisement and sale Declaration of Covenants, Conditions & Restrictions for The Gardens at Sterling Ridge x x o eo) SL Page 11 of 33 (c) 2016013062 Page 12 of 34 x oe (iv) to thespayment of all unpaid Assegssients and other amounts payable by such Owner to the Association, and = (v) # the defaulting Owner or to sy other party entitled theretaeT he Association ~’shall have the right to be credifed on the amount of its bid all 3f the Assessments and any other amount due and owing by the defaulting Owner to the Association
ty entitled theretaeT he Association ~’shall have the right to be credifed on the amount of its bid all 3f the Assessments and any other amount due and owing by the defaulting Owner to the Association as of the date of such sale.
RS e »’ os e ° lf any Assessment or part thereof is not paid within thirty (30) days after the delinquency date, the unpaid amount of such Assessment shall bear interest from the date of delinquency at the lesser of eighteen percent (18%) per annum or the maximum legal rate of interest allowed by law and the Association may, at its election, bring an action at law against the OwHer personally obligated to payhe same in order to enforce payment and/or to forecigse the Lien pursuant to Texas Rroperty Code 51 .002 (and any.successor statute). Thes shall be added to the amougpdf such Assessment the costed? preparing and filing ts suit (including reasonable atidtney's fees) in such action, agsfin the event a judgmest is obtained, such judgment sh&il include interest on the AsgSsment as above provided and a reasonable attorney's fee to be fixed by the court, together with the costs of court.
Each such Owner hereby expressly grants the Association power of sale. In the event that the Association has determined to non-judicially foreclose the lien provided herein pursuant to the provisions of said Section 51.002 of the Texas Property Code and to exercise the power of sale hereby granted, the Association, or the Associations’ agent, shall give notice of foreclosure sale as provided by the Texas Property Code as then amended. Upoge¢request by Association, Tregtee shall give any further ggtice of foreclosure salg”as may be required by the Texas Property Code as amendegyand shall convey sug Lot to highest bidder for cas by Special Warranty Deed Out of the
regtee shall give any further ggtice of foreclosure salg”as may be required by the Texas Property Code as amendegyand shall convey sug Lot to highest bidder for cas by Special Warranty Deed Out of the proceeds Ff such sale, if any, there shail first be paid all expenses ¢ficurred by the Association in connection with such aut, including reasonable atiorney's fees and reasonable trustee’s fees, second, from such proceeds there shall be paid to the Association an amount equal to the amount in default, and third, the remaining balance shall be paid to such Owner. Following any such foreclosures, each occupant of any such Lot foreclosed on and each occupant of any improvements thereon shall be deemed to be a tenant at sufferance and may be removed from possession by any and all lawful means, including a judgment for possession in an action of forcible detainer and the issuance of a writ of restitution thereunder.
In the event of nif payment by any Owner of fly Assessment or other charg levied hereunder, the@ssociation may, in addition tgtoreclosing the lien hereby regained, and exercising the remedies provided herein, ugen thirty (30) days prior written fiotice hereof to such ohpayment Owner, exercise aother rights and remedies available at law or in It is the intent of the provisions of this Article IV to comply with provisions of said Section 51.002 of the Texas Property Code relating to nonjudicial sales by power of sale, Declaration of Covenants, Conditions & Restrictions for The Gardens at Sterling Ridge Page 12 of 33 4 4.08 4.09 4.10 Declaration of Covenants, Conditions & Restrictions for The Gardens at Sterling Ridge Page 13 of 33 2016013062 Page 13 of 34 & & &
| & 4 4.08 4.09 4.10 Declaration of Covenants, Conditions & Restrictions for The Gardens at Sterling Ridge Page 13 of 33 2016013062 Page 13 of 34 & & & including any gendment of said Section 51,982 of the Texas Property CodesHereafter, the Presidest or any Vide-President of the Association, acting without joinger of any other Owner ae‘mortgagee or other person may, by amendment to this Declgation filed in the Real Pfoperty Records of Jefferson County, Texas, amend the provisiins hereof so as to comply with said amendments to Section 51.002 of the Texas Property Code.
Notice of Lien. In addition to the right of the Association to enforce the Assessments or other charges levied hereunder, the Association may file a claim or lien against the Lot of the delinquent Owner by recording a notice (“Notice of Lien’) setting forth (a) the amount of the claim of delinquency, (b) interest and costs of amount of the claim of delinquency, (c) the interest and costs of collection which have accrued thereon, (d) the name of the Owner thereof. Such Notice of Lien shall be signed ghd acknowledged by an offiger of the Association or othgr duly authorized agent of thegkssociation. The lien shall cgatinue until the amounts secure? hereby and all subsequently gtcruing amounts are fully pajd*or otherwise satisfied. Whepgall amounts claimed under the.sNotice of Lien and all other cost and assessments which mayshave accrued subsequent to {8 filing of the Notice of Lien ave been fully paid or satisfieg’the Association shall execute ahd record a notice releasing thé lien upon payment by the Owner of a reasonable fee as fixed by the Board of Directors to cover the preparation and recordation of such release of lien instrument.
ute ahd record a notice releasing thé lien upon payment by the Owner of a reasonable fee as fixed by the Board of Directors to cover the preparation and recordation of such release of lien instrument.
Subordination of the Lien to Mortgages. The Lien securing the payment of the Assessments and other obligation provided for herein shall be superior to any and all other charges, liens, or encumbrances which may hereafter in any manner arise or be imposed upon any Lot whether arising from or imposed by udgment or decree or by any agreement, contract, Mortgage, or other 0 instrument, except for: Se oS oe <A eo) r s Ss Se (a) Mortgages sf purchase money, home insSrovements, or home equitysToans (and x x 2 x2 @ (b) Liens for ad valorem taxes or other public charges shall be superior to the Association's Lien if superiority is provided by applicable law; and (c) Such other liens which the Board may, in the exercise of its reasonable discretion, elect to voluntarily subordinate the Association’s Lien; Provided, however, subordination shall apply only to the Assessments which are due and payable prior to the foreclosure sale (whether public or, private) pursuant to the terms and conditions of any Mortgagé or tax lien. Such sale shallyfot relieve the Lot and its Ows®r from liability for the amounwof any Assessment thereaftesbecoming due or from the (en of any subsequent Assessipént. Furthermore, subordinatioh shall not apply where the Mefigage or tax lien is used as a gévice, scheme or artifice to evgde the obligation to pay Assesgfents and/or to hinder the Assgéiation in performing its functions. eS Exempt Property. The following property subject to this Declaration shall be exempt from the
to evgde the obligation to pay Assesgfents and/or to hinder the Assgéiation in performing its functions. eS Exempt Property. The following property subject to this Declaration shall be exempt from the Assessment, charge, and lien created herein: 4.11 2016013062 Page 14 of 34— e e eo eo) eo s > (a) All Proper Sector to and accepted bygie local public authority and dgoted to public use; eS s & N (b) All Common Property.
Handling of Assessments. The collection and management of the assessments and other charges levied hereunder shall be performed by the Association in a separate special account for these funds.
Failure to set Assessments. The failure of the Board, before the expiration of any year, to fix the Assessments hereunder or that or the next year, shag not be a waiver or modification of Assessments for that ggany subsequent year, but theAssessment fi fixed for the preggsing year shall continue until ag@w assessment is set by the Béard. Se s s Ss Alternative Pa sit Schedule. In complangg with Section 209.0062 of the’ Texas Property Code, Owners may be entitled to make partial payment for delinquent amounts owed to the Association. The Association may impose a fee for administering a Payment Plan. Such fee, if any, will be listed on the Payment Plan form and may change from time-to-time. Interest will continue to accrue during a Payment Plan as allowed under the Declaration. The Association can provide an estimate of the amount of interest that will accrue under any proposed plan. All Payment Plans must be in writing on a form provided by the Association and signed by Owner.
(i) The Payment Plan becomes effective and is designated as “active” upon: .
(1) receipt of Tully completed and signed Pagment Plan form; and oS
a form provided by the Association and signed by Owner.
(i) The Payment Plan becomes effective and is designated as “active” upon: .
(1) receipt of Tully completed and signed Pagment Plan form; and oS (2) receipts the first payment under the pin; and s (3) acceptance by the Association as gfipant with this provision. & & & (ii) Uniesséftemative payment plan temas’ approved by the Associatigh a Payment Plan duration will consist of: (1) Six (6) equal monthly payments for owners with an account balance of $1000.00 or less; or (2) Twelve (12) equal monthly payments for owners with an account balance of $1000.01 or more.
(iit) Except if the owner is in default under a Payment Plan with the Association at the time the Association recgives a payment from an owner, the payment will be applied to the owner's debt in thefTollowing order of priority: oe & (1) Any dgifiquent assessment; s s (2) Anyurrent assessment; & (3) Afy attorney's fees or third pagy collection costs incurred butte Association solely with assessments or afiy other charge that could preéVide the basis for foreclosure; ) Any attorney's fees incurred by the Association that are not subject to (3) above; ) Any fines assessed by the Association; ar Gevaert of Covenants, Conditions & oral for The Gardens at Sterling § Ridge & A XS Ss x & e & eo eo) eo Ss SL SL Page 14 of 33