~ STATE OF TEXAS COUNTY OF HARRIS THE OXFORD DECLARATION OF CONDOMINIUM § § § KNOW ALL MEN BY THESE PRESENT S: THAT RMH/OXFORD JOINT VENTURE, a joint venture composed of Iakin Oxford International Development Corporation N.V., d/b/a Oxford International Development Corporation, a Netherlands Antilles corporation, ·and GALLERIA CONDOMINIUM I, LTD. , a Texas limited partnership, being the owner of that tract of land mor particularly described on Exhibit "A" attached hereto and made a part here.of for all purposes and the improvments thereon, and desiring to submit such land and improvements to the Texas Condominium Act (Texas Revised Civil Statutes, Article 1301a) for the purpose of establishing a condominium regime does hereby adopt, establish, promulgate and impress this Declaration of Condominium upon such land and improvements.
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;955313 TUE OXFORD F1LED Arn 30 4 01 FK 1981 I TAllLE OF CONTENTS CllUHTY CLERK 1 HARRIS COUIITY, TEXAS: .rticle 1RTICLE I.
;ection 1.1 . . . . . . .
;ection 1.2 . . . . .. .
3ection 1.3 . , . . ....
I\.RTI CLE I I.
section 2.1 . . .. . ..
Section 2.2 . . . ....
3�ction 2.3 .. . . ...
.Jection 2.4 . . . . . . .
Section 2.5 . . . . . . .
ARTICLE I I I.
Section 3.2 . . -. . . .
section 3.3 . . . . .. .
Section 3.4 . . . . . . .
Section 3.5 . . . . . . .
Section 3.6 . . . . . . .
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section 3.9 . . . .. . .
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4 OXFORO )NDOMINIUM PROJECT � RIS COUNTY.TEXAS • l 1.7 PAGE 66 Caption DEFINITIONS z I Definition of Terms .............. .... 2 Definitions of Rights and
i\,RATION )NDOMINIUM PROJECT � RIS COUNTY.TEXAS • l 1.7 PAGE 66 Caption DEFINITIONS z I Definition of Terms .............. .... 2 Definitions of Rights and Responsibilities . . . . . . . . . . . . . . . . . . . 6 Parking Spaces and Storage Spaces .... 7 GENERAL PROVISIONS 8 Use Restrictions ..................... 8 D�corations , Maintenance and Repairs of Residence Units ................. 10 Balconies· . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Alterations to Common Elements ....... 11 Additional Provisions ............ .... 11 COUNCIL OF CO-OWNERS 11 Authorit y to Manage ...... ; .... � ...... 11 Membershi p in the Council ............ 12 Voting of Members .................... 12 Meetings of the Members .............. 13 Board of Directors . . . . . . . . . . . . . . . . . . . 14 Actions without Meetings ......... .... 15 Officers .. ·. . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Administration of the Condominiu m .... 15 Hight of Entry ....................... 1·1 Notices ....... ....................... 10 • -i7 Article ARTICLE IV.
section 4.1 Section 4.2 Section 4.3 Section 4.4 Section 4.5 Section 4.6 ARTICLE V.
Section 5.1 Section 5.2 ARTICLE VI.
Section 6.1 Section 6.2 Section 6.3 Section 6.4 ARTICLE VI I.
Section 7.1 Section 7.2 Section 7.3 Section 7.4 TABLE OF CONTENTS (Continued) . .. . . . . . . . . . . . .
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. . .. . . . . Caption Page Number COMMON EXPENSE FUND; ASSESSMENTS; COLLECTION 18 Common Expense Charges .............. . 18
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. . .. . . . . Caption Page Number COMMON EXPENSE FUND; ASSESSMENTS; COLLECTION 18 Common Expense Charges .............. . 18 Payment of Common Expense Charges by Declarant . . . . . . . . . . . . . . . . . . . . . . . 18 Budgets, Establishment of Common Expense Charges and Special Assessments . . . . . . . . . . . . . . . . . . . . . . . . 19 Payment of Common Expense Charges and Special Assessments ............. 20 Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . 2J,.
Common Expense Fund ......... ......... 22 INSURANCE 22 General· Provisions . . . . . . . . . . . . . . . . . . . 2 2 FIRE OR,CASUALTY; REBUILDING 24 Determination of Loss ................ 24 Rebuilding . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Repair of Residence Units ............ 26 1ndemnity of Council ................. 26 EMINENT DOMAIN 27 General Provisions ........... ........ 27 Taking of Common Elements ............ 27 Taking of Residence Units ............ 27 Payment of Awards and Damages ........ 29 ART1CLE VI I I. OBSOLESCENCE 30 Section 8.1 . . . . . . . Determination of Non-Obsolescence . and Decision to Renovate ........... 30 Section 8.2 . . . . . . . Determination of Obsolescence and Decision to Sell ................... 31 -11j / TABLE OF CONTENTS (Continued) Article ARTICLE IX.
Section 9.1 Section 9.2 Section 9.3 section 9.4 section 9.5 Section 9.6 Section 9.7 ARTICLE x ..
Section 10.l Section 10.2 section 10.3 ARTICLE XI.
Section 11.l Section 11. 2 Section 11.3 Section 11.4 Section 11.5 Section 11.6 Section 11.7 Section 11.8 . . . . . . .
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ction 11.l Section 11. 2 Section 11.3 Section 11.4 Section 11.5 Section 11.6 Section 11.7 Section 11.8 . . . . . . .
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Section 11.9 ..... .
Section 11.10 Section 11.11 section 11.12 Section 11.13 Caption Page Number TRANSFER OF UNIT; RIGHT-OF-FIRST REFUSAL 32 Right-of-First-Refusal ............... 32 Notice and Exercise of Option ........ 32 Purchase by Nominee of Council ....... 33 Terms of Lease . . . . . . . . . . . . . . . . . . . . . . . 3 3 Exceptions to Right-of-First Refusal . 34 Application of Proceeds of Sale ...... 34 Perpetuity Savings Clause ............ 35 ·AMENDMENT OF DECLARATION, BY-LAWS AND RULES AND REGULATIONS 35 Amendment of Declaration ............. 35 Amendment .of By-Laws ................. 36 Amendment of Rules and Regulations 36 MISCELLANEOUS 36 Estoppel Certificate ................. 36 No Partition ................ ......... 37 Alteration of Boundar ies of Residence Units .................... 37 Correction of Errors ................. 38 Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . 3 8 Severability ......................... 39 Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 9 Mortgagee Matters .................... 39 Limitation on Contract Term .......... 39 Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 9 Declarant's Right to Lease or Rent Residence Units .................... 39 Covenant Running with Land ........... 39 Resolution of Disputes ............... 40 -111ARTICLE I DEFINITIONS Section 1.1 Definition of Terms. When used in this Declaration of Condominium, the words set out below shall have the following meanings: (a) Balcony - A fully or partially enclosed platform
FINITIONS Section 1.1 Definition of Terms. When used in this Declaration of Condominium, the words set out below shall have the following meanings: (a) Balcony - A fully or partially enclosed platform projecting from· the walls of the Building having restricted access to and from a Residence Unit.
(b) Board -The Board of Directors of The oxfo1:d Council of Co-Owners.
( c) Building - A twenty-story residential building designated Building 11A" on Exhibit 11B11 attached hereto and incorporated -herein for all purposes, designed for r.esidential occupancy, the Garage, and all other improvements now or hereafter placed on the Land. The Building is· to be constructed of granite aggregate and glass. The location of the Building on the Land is more particularly described on Exhibit attached 11B11• The• Building and Residence Units are more completely described ·on the plats which are attached hereto as Exhibit 11C11 and made a part hereof for all purposes.
(d) By-Laws -The By-Laws of The Oxford Council of Co-Owners.
(e) Common Elements -The Common Elements shall be and include all of the Land and Building except the Residence Uni ts as defined herein and shall include, without limiting the generality of the foregoing: foundations; supporting columns; ~irders; beams; slabs; supports; dividing walls between · two or more Residence Units or between Residence Units and Common Elements; roofs; halls; lobbies; walkways; stairs; stairways; fire escapes; entrances and exits of the Building; basement; covered walkways; atriums and interior garden areas; grounds; gardens; the Garage; swimming pool; reception room; meeting rooms; saunas, exercise rooms, and other rooms; managerial and security offices; mail room; areas used for storage of j ani tori al supplies,
rdens; the Garage; swimming pool; reception room; meeting rooms; saunas, exercise rooms, and other rooms; managerial and security offices; mail room; areas used for storage of j ani tori al supplies, maintenance equipment and materials; utility rooms; all electrical apparatus from the transfer box to the breaker boxes of a Residence Unit (excluding only the metering device install~d and owned by Houston Lighting & Power Company); plumbing fixtures, pipes and lines installed in the walls of the Building or of a Resi-2dence Unit; installations of .all central services, including power, light, gas, water, heating, air conditioning [including air handlers and fan coil units (even if located within the physical boundaries of a Residence Unit) and central chilling system), telephone security systems, telephone security systems, and waste collection; elevators; tanks; pumps; motors; fans; compressors; ducts; driveways; and in general all apparatus and installations existing for the common use or necessary or convenient to the operation~ mainten~nce and use of the property as a condominium including those which have been designated as common areas and facilities on the plats attached hereto; and all repairs and replacements of or additions to any of the foregoing. The lobbies, hallways, stairs,· reception _ room, Land and other Common Elements intended to be used for passage or temporary occupancy by persons are sometimes referred to herein as the "Common Areas".
(f} Common Expense Charge -The Assessment made and levied by the Board against each Owner and his Resi dence Unit for administration, management and operation of the Condominium and the Condominium .Regime and for repairs, maintenance; additions, alterations, recon
ard against each Owner and his Resi dence Unit for administration, management and operation of the Condominium and the Condominium .Regime and for repairs, maintenance; additions, alterations, recon struction and operation of all or any portion ·of the Common Elements (including reserves for replacements), in accordance with the provisions hereof.
( g) Common Expense Fund -The accumulated Common Expense Charges collected or received by the Counci 1 for use in the administration and operation of the Condominium and the maintenance, repair, additions , alterations, or reconstructions of all or any portion of the Common Elements.
(h) Condominium -The Land, the Building (including the Garage) and all other improvements erected upon and rights appurtenant to the Land and improvements . The components of the Condominium are further herein classified as "Common Elements", "Limited Common Elements" and "Residence Units", as defined herein.
The legal rights and duties of ownership, use and administration c·reated by the terms of the Texas Condominium Act, this Declaration of Condominium, the By-Laws and Rules promulgated thereunder are also a part of the Condominium and are sometimes referred to as the Condominium Regime.
(i) Council -The Oxford Council of Co-Owners, a Texas non-profit corporation (created or to be created) the members of which shall be the Owners of Residence Units -3within the Condominium Regime during the period of their respective ownerships, and the successors and assigns of such Owners. The term "Council" shall have the same meaning as the term "Council of co-Owners" in the Texas Condominium Act.
( j) Declarant -RMH/Oxford Joint Venture, a joint venture composed of Iakim CORP. N.V., d/b/a Oxford
uncil" shall have the same meaning as the term "Council of co-Owners" in the Texas Condominium Act.
( j) Declarant -RMH/Oxford Joint Venture, a joint venture composed of Iakim CORP. N.V., d/b/a Oxford International Development Corporation, a Netherlands Antilles corporation, and Galleria Condominium I,_ Ltd., a Texas limited partnership, and its successors or assigns, provided such successors or assigns are designated in writing by RMH/Oxford Joint Venture as a successor or assign of the rights of Declarant set forth herein.
(k} Easement -An exclusive right to use a particular part of the Common Elements for the purposes for which they were designed and in compliance with the terms of this Declaration the By-Laws and the Rules and Regula tions.
(1) Garage -That part of the Condominium under the ground level of the Land designed for the parking of vehicles and designated "Garage" . on Exhibits "B" and "C".
(m} Land -The real property more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes .
(n) Limited Common Elements -Those portions of the Common Elements reserved for the exclusive use of the Owners of certain Residence Units to the.exclusion of the Owners of all other Residence Units. When used herein, the term 11Common Elements11 shall include the Limited Common Elements, unless _otherwise expressly indicated.
(o) Managing Agent -The person, firm or entity which may be selected by the Board in accordance with the provisions hereof for the purposes of perfoming any duties, powers or functions of the Board in connection with the administration, management and operation of the Condominium.
(p) Mortgage -A security interest, mortgage, deed of trust or lien granted by an Owner in and to a Residence
e Board in connection with the administration, management and operation of the Condominium.
(p) Mortgage -A security interest, mortgage, deed of trust or lien granted by an Owner in and to a Residence Unit to secure the repayment of a loan made to an Owner, and duly filed for record in the Office of the county Clerk of Harris County, Texas.
-4( g) Mortgagee -The person or entity who holds a Mortgage as security for the payment of a debt.
(r) Owner -Any person or persons, firm, corporation or other entity which owns, of record, a Residence Unit in The Oxford, or legal interest therein, including the Declarant, but the term "Owner" shall not include any Mortgagee.
(s) Parking Spaces -The spaces for the parking of vehicles within the Garage as shown on the attached Exhibit 11C11• (t) Percentage Ownership Interests -The undivided interests in and to the Common Elements associated with and appurtenant to each Residence Unit as set forth on Exhibit 11D11 attached hereto and made a part hereof for all purposes .
( u) Reserve Fund -Th~ reserve fund established pursuant to Article IV hereof for maintenance, repairs and replacements to the Condominium.
( v) Residence Uni ts -The 104 condominium uni ts designated on Exhibits 11B11 and "C" attached hereto, the boundaries of which shall be the interior surfaces of the perimeter walls, floors and ceilings and the exterior surfaces of Balconies and Residence Uni ts shall include the portions of the Buildings so described and the air space so encompassed, excepting Common Elements. The term Residence Units shall have the same meaning as the term "Apartment" as used in the Texas Condominium Act. Included within the boundaries of each Residence Unit, without lirni tat ion, shal 1 be any finishing materials applied or affixed to the
as the term "Apartment" as used in the Texas Condominium Act. Included within the boundaries of each Residence Unit, without lirni tat ion, shal 1 be any finishing materials applied or affixed to the interior surfaces of the interior walls, floors or ceilings (such as, but without limitation, paint, wallpaper, vinyl wall or floor coverings and carpets) ; interior walls; and all utility pipes, 1 ines, sys terns (other than those air handlers and fan coil units that are Common Elements), fixtures or appliances servicing only that Residence Unit ( whether or not within the boundaries of that Residence Unit). The boundaries of each Residence Unit shall be the interior surfaces of windows and doors, perimeter window frames and door frames. Interior trim around windows and doors shall be part of each Residence Unit and shall not be Common Elements . Visible and exposed plumbing fixtures, lines and pipes shall be part of the Residence Unit in which they are located and shall not be Common Elements.
Unless otherwise.provided by law, the phrase "exterior -5J surfaces of Balconies" -as.used in this-definition shall mean the area enclosed by (i) those horizontal planes being the top of the concrete surface of the Balcony in question and the plane of the ceiling of the Residence Unit of which such Balcony is a part, and by (ii) those vertical planes being the vertical exterior surfaces of the Building and that plane adjacent to the vertical interior edge of the Balcony, all other portions of the Balcony being a Common Element.
(w) Rules and Regulations -The Rules adopted by the council concerning the management and administration of the Condominium Regime and the use of the Common Elements in order to assure to all Owners the plea~ures
d Regulations -The Rules adopted by the council concerning the management and administration of the Condominium Regime and the use of the Common Elements in order to assure to all Owners the plea~ures and benefits of ownership of a Residence Unit and use of the Common Elements. The initial Rules and Regulations shall be promulgated by the Declarant as part of the By-Laws.
(x). Special Assessment -Any assessment over and above the Common Expense Charge deemed by the Board to be necessary for the preservation, management and adminis tration of the Condominium, approved by the Council as hereinafter set forth.
(y) Storage Spaces -Those areas designed for the storage of p~rsonal property located in the Garage or on the twentieth (20th) floor of the Building and designated as "Storage Spaces11 on Exhibit "C".
(z) Texas Condominium Act -Article 1301a of the Texas Revised Civil Statutes, enacted in 1963, which permits the creation of condominium regimes and provides the basic rules for their operation.
Section 1.2 Definitions of Rights and Responsibilities.
(a) Each Owner shall have exclusive ownership of his respective Residence Unit and shal 1 have the common right to share, with all other Owners, in the use of the Common Elements in accordance with the purpose for which they are intended and the provisions hereof, without hindering or encroaching upon the lawful rights of other Owners.
(b) Where the term "Owner" is used in the granting of licenses, easements or rights to use Residence Units, Common Elements or Limited Common Elements, the family of such Owner and each member thereof, such Owner's guests, tenants, servants, employees and invitees shall also be entitled to the rights, easements or licenses so granted.
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n Elements, the family of such Owner and each member thereof, such Owner's guests, tenants, servants, employees and invitees shall also be entitled to the rights, easements or licenses so granted.
-6(c) The existing physical boundaries of each Residence Unit (or Residence Unit reconstructed in accordance with the original plans therefor) shall be conclusively presumed to be its boundaries regardless of settling, rising or lateral movement of the building and regard less of variances between boundaries shown on the plat and those of the building. None of the rights and obligations of the Owners created herein, or by any deed delivered to any Owner, shall be altered in any way by encroachments or the settlement or shi fti'ng of structures or any other cause. There shall be valid easements for the maintenance of said encroachments so long as they shall exist; provided, however, that in no event shall a valid easement for encroachment be created in favor of an Owner or Owners if said· encroachment occurred due to the willful conduct of said Owner or Owners.
Section 1.3. Parking Spaces and Storage Spaces.
Parking Spaces and Storage Spaces shall be L1m1 ted Common Elements for the -exclusive · use of the Owner of the Residence Unit to which they are assigned of record by the Declarant_ Parking Spaces shall be used only for parking ·of automobiles and shall not be used for general storage purposes or for the parking or storage of recreatio .nal vehicles, boats or trailers. Once such Parking Spaces and Storage Spaces have been assigned by the Declarant, such Parking · Spaces and Storage Spaces, being Limited Common Elements, shall be perpetually appurtenant to the Residence Unit to which they are assigned, except as provided
ssigned by the Declarant, such Parking · Spaces and Storage Spaces, being Limited Common Elements, shall be perpetually appurtenant to the Residence Unit to which they are assigned, except as provided herein for transfers among Owners. Any conveyance of any Residence Unit shall be deemed to convey also such Parking Spaces and Storage Spaces even though made without specifically or particularly referring to the same. Provided that the relevant Mortgagee consents thereto, an Owner may assign and transfer his exclusive right to use a Parking Space and Storage Spaces which is appurtenant to his Residence Unit but only to either (i) the Council or -(ii) another Owner, and such transfer or assignment (from an Owner to the Council or from an Owner to another Owner, as the case may be) may be made for a term or perpetually as such Owners and/or the Council may agree between them. In the event of any such assignment or transfer, the Owner or Owners involved (at their cost) and/or the Council shall cause an appropriate instrument of amendment to this Condominium Declaration to be prepared and executed by such Owners and/or the Council, which instrument shall be joined in by the President of the Council (whether or not the Council is the assignee of such Parking Space or Storage Space) and recorded. Such instrument of amendment shall recite the term of any assignment or transfer between the Owners and/or the Council and shall designate the Parking Spaces or Storage Spaces, the exclusive use of which was assigned or transferred . Notwithstanding the rights of exclusive use herein -7) created for Parking Spaces or Storage Spaces; the Garage in which such Parking Spaces and Storage Spaces are located shall be and always remain a Common Element. With respect to any such Parking
-7) created for Parking Spaces or Storage Spaces; the Garage in which such Parking Spaces and Storage Spaces are located shall be and always remain a Common Element. With respect to any such Parking Space or Storage Space so transferred or assigned by any Owner to the Council, the Council shall have the right to assign, use or lease such Parking Spaces or Storage Spaces on such terms and conditions as the Board may, from time to time, determine as set forth in written rules and regulations therefor.
Section 2.1 ARTICLE II GENERAL PROVISIONS Use Restrictions.
(a) All Residence Units shall be used only for single family residential purposes. For the purpose of this provision, a Residence Unit shall be deemed to be used to whether the persons are owners of the Residence Unit or occupy the Residence Unit pursuant to a rental, leasing or other arrangement. Except for the leasing or rental of any Residence Unit, no Residence Unit shall be used for any commercial, business or profes sional purpose nor for church purposes. The use of a Residence Unit for the maintenance of a personal or professional library; for the keeping of personal, business or professional records or accounts or for the handling of personal, business or professional telephone calls or correspondence shall not be deemec to be in violation of this provision; but regular consultation with clients at a Residence Unit is prohibited.
(b) No noxious or offensive activities of any sort shall be permitted, nor shall anything be done in any Residence Unit or in any Common Element which shall be or may become an annoyance or nuisance to the other Owners.
(c) Notwithstanding any other provisions of this
d, nor shall anything be done in any Residence Unit or in any Common Element which shall be or may become an annoyance or nuisance to the other Owners.
(c) Notwithstanding any other provisions of this Article, the Declarant may make such temporary use of the Common Elements and Residence Units as is reasonably necessary to facilitate and complete the improvements of the Land, construction of the Building, the operation of Declarant' s sales efforts and the showing of the Condominium and any unsold Residence Units therein ; the provisions of this Article shall not prohibit the use by the Council of all Common Elements -8in any reasonable manner necessary in connecLion with the operation and maintenance of the condominium.
Use of Residence Units owned by Owners other than a natural person or persons ( "Corporate Owners") for residential · purposes other than as the residence of an officer, director, shareholder, partner, trustee, bene ficiary or other designated agent, or employee of such Corporation Owner shall be subject to such Rules and Regulations as the Board may, from time to ti·me, promulgate; provided, however, in no event shall any Residence Unit be used for transient or overnight guest quarters or lodgings.
( d) No part of any curtains, blinds, shades, · draperies, or other window coverings visible from the exterior of any Residence Unit shall be used in any Residence Unit unless same are approved by the Board.
(e) Nothing shail be done in or kept in or on any Residence Unit, Balcony, Parking Space or Storage Space or Common Element which will increase the rate of insurance on the Condominium or any other Residence Unit over that applicable to residential buildings, or would result in uninsurability of the Condominium or
Element which will increase the rate of insurance on the Condominium or any other Residence Unit over that applicable to residential buildings, or would result in uninsurability of the Condominium or any part hereof, or the cancellation, suspension, modification· or reduction of insurance in or on or covering the Condominium or any part thereof. Without limiting the generality of the preceding sentence no open fires or flames shall be permitted on any Balcony or in any Residence Unit. If, by reason of the occupancy or use of any Residence Unit by·any Owner, the rate of insurance on all or any portion of the Condominium shall be increased, such Owner shall be personally liable to the Council for such increase caused thereby and such sum shall be payable to the Council at the same time and in the same manner as provided for the payment of Common Expense Charge.
(f) No Owner shall install, attach or hang or allow to be installed, attached or hung any equipment or wiring or electrical installations, television or radio trans mitting OL receiving antennas, air-conditioning units or any other like equipment or wiring in or across any portion of any Common Elements; protruding from any Balcony or through any wall, floor, ceiling, window or door which is a Common Element, except as approved by the Council. All radios, televisions, electrical equipment or appliances of any kind or nature and the wiring therefor installed or used in a Residence Unit shall fully comply with all rules, regulations or -9~ ) requirements of all state and local public authorities having jurisdiction .
(g) Each Owner shall promptly and fully comply with any and all applicable laws, rules, ordinances, statutes, regulations or requirements of any governmental agency or authority with respect to the
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(g) Each Owner shall promptly and fully comply with any and all applicable laws, rules, ordinances, statutes, regulations or requirements of any governmental agency or authority with respect to the occupancy and use of his Residence Unit and with the provisions hereof, and the By-Laws and Rules ·and Regulations promulgated hereunder.
section 2.2 -Decorations, Maintenance and Repairs of Residence Un1 ts~ Any Owner may decorate and redecorate his Residence Unit and may make any non-structural improvements or non-structural al te·rations within his Residence Unit ( but not to Common Elements) and shall have the right to paint, repaint, tile, wax, paper, or otherwise furnish or decorate any interio~ surfaces of walls, partitions, ceilings and floors within the Residence Unit. Those portions of a Balcony which are not a part of the Residence Unit to which such Balcony is appurtenant are Common Elements and shall be maintained by the Council. No owner shall have any right to place any sign in or on any Residence Unit or elsewhere on the Condominium without the prior written consent of the Board, and the Board shall .have the right to remove any sign so placed without permission.
Each Owner shall, at his own cost and expense, maintain his Residence Unit in good condition and repair. The Council shall maintain all Common Elements, including those serving only a particular Residence Unit (whether or not within the boundaries of such Residence Unit), the cost of which shall be Common Expense ( except to the extent that repair to Common Elements serving only a particular Residence Unit is caused by the negligence or misuse of that particular Owner, in which event such Owner shall be liable to the Council for the cost of such
o Common Elements serving only a particular Residence Unit is caused by the negligence or misuse of that particular Owner, in which event such Owner shall be liable to the Council for the cost of such repair, which sum shall be due and payable upon presentation to such Owner by the Counci 1 of a statement thereof). Without limiting the generality of the foregoing, the Council shall maintain all pre-wired modular-type metering cabinets installed in the Condominium, including the maintenance of replacement parts with respect thereto, it being understood that Houston Lighting & Power Company will not maintain any ~uch spare parts nor perform any repairs on such modular-type metering cabinets and that failure by the Council to timely repair such modular metering cabinets (or maintain an adequat number of spare parts with respect thereto) may result in termination of electrical service to the Condominium (or a particular Residence Unit) until such repairs are -completed or such spare parts obtained. The Council shall be entitled to enter into such contracts and agreements concerning the Condominium as a whole, the Common -10) ........., ) Elements, or the Building, as the Board deems reasonably necessary or appropriate to maintain and operate the Condominium as a viable residential condominium regime,· including, without lim~tation, the right to grant utility and other easements for the uses the Board shall deem appropriate.
Section 2.3 Balconies. No owner shall paint, remodel or enclose any Balcony or store or place any objects or things of any description whatsoever on such Balcony nor .sha 11 any Owner dry clothing or place other materials on such Balcony without the prior written approval of the Board. An owner may
bjects or things of any description whatsoever on such Balcony nor .sha 11 any Owner dry clothing or place other materials on such Balcony without the prior written approval of the Board. An owner may furnish a Balcony with outdoor furniture, upon prior writ ten approval of the Board, in keeping with the provisions of this Declaration and the Rules and Regulations promulgated hereunoer.
Section 2.4 Alterations to Common Elements. No Owner shall do any act or permit any act to be done 1n, on or to any Residence Unit, Balcony, Parking Space, Storage Space, or Common Element which will impair the structural integrity, weaken the support or otherwise adversely affect the Building or any Common Element.
Decorative wall items such as lights, shelves and art work may be affixed to or•installed on the walls of any Residence Unit which are Common Elements without prior approval of the Council provided such -affixation or installation is done in a good and workmanlike manner. Except for such affixation or installation of decorative wall items, no Owner shall make any alterations to any of the Common Elements (including walls, windows and doors which are Common Elements) nor install, attach, paste or nail any article thereto without the prior approval of the Council.
Section 2. 5 Additional Provisions. The Counci 1, by provisions of its By-Laws or by Rules and Regulations enacted pursuant to the provisions hereof, may provide such additional rules and regulations for use of the Common Elements, Limited Common Elements, the Parking Spaces, the Storage Spaces, and the Residence Units as are necessary or desirable in the judgment of the Council for the operation of the Condominium provided such Rules and Regulations and By-Laws are not in conflict with the
, and the Residence Units as are necessary or desirable in the judgment of the Council for the operation of the Condominium provided such Rules and Regulations and By-Laws are not in conflict with the provisions of this Declaration of Condominium. Such By-La\.Js, Rules and Regulations shall be applicable to the Common Elements and the Residential Units as though set forth herein at length.
ARTICLE III COUNCIL OF CO-OWNERS Section 3.1 Authority to Manage. The affairs of the Condominium and Condominium Regime shall be ad.ministered by The -11oxford Council of Co-Owners, a Texas non-profit corporation. The Council shall have all rights, powers and duties of the "Council of Co-Owners11, as that term is used in the Texas Condominium Act.
The Council shall have the right, power and ·obligation to provide for. the maintenance, repair, replacement, administration and operation of the Condominium and.Condominium Regime as provided herein, in ·the By-Laws and in the Rules and Regulations. The business and affairs of the Council shall be managed by its Board of Directors. Without limiting the generality of the foregoing, the Council shall be entitled to enter into such contracts and agreements concerning the Condominium as a who le, the Common Elements, or the Building, as the Board deems reasonably necessary or appropriate to maintain and operate the Condominium as a viable residential condominium regime, including, without limitation, the right to grant utility and other easements ~or the uses the Board shall deem appropriate. · Until the election of the first Board (as provided for herefnbelow) the Declarant shall exercise all of the powers, rights, duties and functions of the Board for the benefit of the Owners. The Declarant·may engage itself or any entity, whether
rovided for herefnbelow) the Declarant shall exercise all of the powers, rights, duties and functions of the Board for the benefit of the Owners. The Declarant·may engage itself or any entity, whether or not affiliated with Declarant, as the Managing Agent under a contract terminable by either party upon thirty (30} days prior written notice. Such contract shall provide for payment to the Managing Agent of a management fee no higher than the fees usually paid to managers · of similar multi-story residential buildings (whether rental or condominium) in Houston , Texas.
After the election of the first Board, and upon the expiration of any such management contract entered into by the Declarant on behalf of the Council, the Board may delegate any of its duties, powers or functions to a Managing Agent selected by the Board.
The members of the Board shall not be liable for any omission or improper exercise by the Managing Agent of any such duty, power or function so delegated. Such delegation shall be by written instrument executed by a majority of the members of the Board.
Section 3. 2 Mernbershi~in the Council. Each Owner (and only an Owner) shall be a me er of the Council so long as he shall be an Owner and such membership shall automatically terminate when he ceases to be an Owner. Upon the transfer of ownership of a Residence Unit, however achieved (including, without limitation by foreclosure of a Mortgage or deed in lieu thereof), the new Owner succeeding to such ownership shal 1 likewise succeed to -membership in the Council . The Council may issue certificates evidencing membership therein.
Section 3. 3 Voting of Members . There shall be one vote in the affairs and management of the Council for each Resi
in the Council . The Council may issue certificates evidencing membership therein.
Section 3. 3 Voting of Members . There shall be one vote in the affairs and management of the Council for each Resi dence Unit, weighted in proportion to the Percentage Ownersh ip Interest of such Residence Unit in the Common Elements as set forth in Exhibit 11D11 attached hereto. In the event that owner ship interests 1n a Residence Unit are owned by more than one -12member of the Council, the members who own fractional interests in such Residence Unit aggregating more than fifty percent (50%) of the whole ownership thereof shall apoint one member who shall be entitled to vote the vote of that Residence Unit at any meeting of the Council. . Such designation shall be made in writing to the Board of Directors and shall be revocable at any time by actual notice to the Board or upon the death or judicial ly declared incompetence of any one of the members; the Board shall be entitled to rely on any such designation until written notice revoking such designation is received by the Board, In the event that a Residence . Unit is owned by more than one member and no single member is designated to vote on behalf of the members having an ownership interest in such Residence Unit, then none of such members shall be allowed to vote. All members of the Council may be present at any meeting of the Council and·may act at such meetings either in person or by proxy.
The Declarant may exercise the voting rights with respect to Residence Units ~wned by it.
Section 3.4 Meetings of the Members.
ion 3.4 Meetings of the Members.
notice may be given at any time but must be given not later than thirty {30) days after at least ninety-five percent (95%) of all of the Residence Units have been sold by the Declarant, a deed therefor recorded and the purchase price paid.
( b) Thereafter, an annual meeting of the members of the Council shall be held in the Building or at such other place as may be designated by the Board at 8:00 o'clock p.m. on the third Thursday in January of each calendar year {or the first business day thereafter if such day is a governmental or re.ligious holiday). At the discretion of the Board, the annual meeting of the members of the Council may be held at such other reasonable time (not more than sixty (60) days prior to or subsequent to the aforesaid date) as may be designated by written notice of the Board delivered to the members not .less than ten (10) nor more than sixty ( 60) days prior to the date fixed for said meeting.
(c) At the annual meeting, the Board shall present a financial accounting of the Common Expense Fund, itemizing receipts and-disbursements for the preceding calendar year, the allocation thereof to each Owner and the estimated Common Expense Charges for the coming calendar year. Within thirty (30) days after the -13annual meeting, the statements and estimates presented at the annual meeting by the Board shall be delivered to all Owners.
(d) Special meetings of the members may be called by the ·president or any Vice President at any time or may be called upon petition to the President by members having ten percent (10%) of the votes in the Council or
ings of the members may be called by the ·president or any Vice President at any time or may be called upon petition to the President by members having ten percent (10%) of the votes in the Council or by a majority of the Board of Directors. Written or printed notice stating the place, day and hour of such special meeting and the purpose or purposes for which the meeting is called shall be delivered to each member not less than ten (10) nor more than fifty (50) days before the date of such meeting.
( e) For. the purpose of determining the members entitled to notice of a meeting and to vote at any meeting, the membership of the Council shall be determined at the.close of business on the twenty-fifth (25th) day preceding such meeting.
Section 3.5 Board of Directors. The Board of Directors shall consist of three (3) persons who are members of the Council, · spouses of members, or in the event that a Residence Unit is owned by a corporation or other business entity, an officer or director of such entity who resides in the Residence unit owned by such entity. The Directors shall be elected by the members at the first mee·ting of the members and at each annual meeting thereafter. At the initial meeting of the members of the council, two (2} Directors shall be elected for a term of two (2) years and one (1) Director shall be elected for a term of one (1) year. Thereafter, at the annual meeting of the members, the members shall elect either one (1) or two (2) Directors, as the case may be, each to serve for a term of two (2) years, in order to fill the positions of the Directors whose terms have expired at the time .of the annual meeting. The candidates receiving the highest number of votes up to the number of members of the Board
order to fill the positions of the Directors whose terms have expired at the time .of the annual meeting. The candidates receiving the highest number of votes up to the number of members of the Board to be elected shall be deemed elected . All votes shall be cast by written ballot. Members shall not vote cumulatively for the election of Directors . The presence of a majority of Directors at a meeting of Directors shall constitute a quorum for the transaction of business. The action of a majority of Directors present at the meeting at which there is a quorum shall be the act of the Board of Directors. The annual meeting of the Board of Directors shall be held each year immediately following the annual meeting of the members, at the place of such annual meet ing of members, for the election of officers and the consideration of any other business that may properly be brought before such meeting . Regular meeting~ of the Board of Directors shall be held at such times and places as the Board of Directors shall determine . Special meetings of the Board of Directors -14shall be held at any time upon the call of the President or upon call by two (2) Directors. Notice of such special meeting shall be in writing.
removal or until they are'.t·no: longer members of the council, whichever is earlier. Any" member of the Board may be removed from membership on the Board, ...,ith or without cause, by ·the ,i.
the Board, ...,ith or without cause, by ·the ,i.
i ~ Section 3.6 Actions without Meetings .. Any action required-by this Declaration or by law to be taKen at a meeting of the members or at a meeting of the Board may be taken without a meeting if a consent in writing setting forth the action so taken,· shall be signed by all of the members entitled to vote with respect to the subject matter thereof or signed by all the members·of the Board of Directors, as the case may be. such Section 3.7 Officers. The Officers of the Council shall be elected by the Board of Directors and shall consist of a Board for the administration and operation of the Condominium.
The Officers shall be elected.from among the members of the Board of Directors .
Section 3.8 Administration of the Condominium. The Council, acting through its Board of Directors, its officers or other duly authorized mana9ement representatives ( incl udif:9, and affairs of the Condominium· and shall, without limitation, have the powers of collection and enforcement set forth herein; · for the benefit .of all .of-the Owners in the Condominium shall provide, perform, cause·to ,be performed, maintained, acquired, contracted and paid for out of the Common Expense Fund t:.he following: .•
r the benefit .of all .of-the Owners in the Condominium shall provide, perform, cause·to ,be performed, maintained, acquired, contracted and paid for out of the Common Expense Fund t:.he following: .• ., . (a) Utility services used in or for the Common Ele ments, water andr:sewer·services used by or consumed by the Residence Units and, if not separately metered or charged, · other utility services for the Residence Units. Electricity, telephone and other utility services separately metered or charged shall be paid -15(b) The insurance required by Section 5.1 hereof and such other policies of casualty, liability and/or other insurance covering persons, property and risks as are in the best interest of the Condominium.
(c} The services of a Managing Agent and such other persons as the Board shall, from time to time, deter mine are necessary or proper to the daily management, operation and maintenance of the Condominium .
( d) All supplies, tools and equipment reasonably required for use in the management, operation, mainte nance, cleaning and enjoyment of the Condominium.
t1.on and· replacement of the Common Elements as the Board shall determine is· necessary.
( f) The services- of gardeners, parking attendants, doormen, security guards, valets and such other persons .
minium in the manner desired by the members of the council.
{g) The removal of all trash, garbage and rubbish from the central garbage receptacle or receptacles of the Building; including the employment of the services of a garbage collection company or agency, public or private.
ll trash, garbage and rubbish from the central garbage receptacle or receptacles of the Building; including the employment of the services of a garbage collection company or agency, public or private.
( h) Costs of bookkeeping of the accounts of the Council and the annual accounting provided for herein; legal and accounting services and fees of the Council; premiums of fidelity bonds; taxes or assessments of whatever type assessed or imposed against any of the Common Elements.
The Board shall not, without the prior authorization of the members of the Council at a meeting of the members contract for or pay for out of the Common Expense Fund for any one item of capital addition or improvement (other than replacement of exist ing Common Elements) at a cost in excess of Five Thousand Dollars ($5,000.00).
Nothing herein shall authorize the Board to furnish to any person services primarily for the benefit or a convenience of any Owner or Owners or any occupant or occupants of any Residence Unit other than services customarily rendered to all Owners and Occupants of Residence Units. The Board shall have the exclusive right and obligation to contract for al 1 goods, services and insurance in connection with the administration of the Condo minium, payment for which is to be made from the Common Expense Fund.
-16Section 3. 9 Accounting and Audit. The Board shall keep or cause to be kept books of detailed account of the receipts and expenditures affecting the Condominium and its administration and specifying the maintenance and repair expenses of the Common Elements and any other expenses incurred by or on behalf of the Condominium or the Council. Both the books of accounts and all vouchers supporting the entries made therein
epair expenses of the Common Elements and any other expenses incurred by or on behalf of the Condominium or the Council. Both the books of accounts and all vouchers supporting the entries made therein shall be available for examination at the office of the Council by all Owners at convenient hours on working days and the Board of Directors shall cause to be established and announced for general knowledge the days and hours within which such books shall be available for inspection. All such books and records shall be kept in accordance with generally accepted accounting procedures, consistently applied, and, upon the affirmative vote of a majority ( as determined by. the By-Laws) of the member's, shall be audited at least once a year by an outside auditor pursuant to the terms and provisions of the By-Laws of the Council. The fiscal year of the Council shall be the calendar By-Laws. · Section 3.10 Right of Entry. The Council, or its duly authorized representative (including any then-acting Managing Agent), shall have the right and authority to enter any Residence Unit for the purposes of:· (a) Making·necessary repairs therein.
(b) Performing necessary maintenance or repairs to the Common Elements, for which the Council is responsible.
(c) Abating any nuisance or any dangerous, unautho rized, prohibited or unlawful activity being conducted or maintained in such Residence Unit '(including, without limitation, removal of objects placed upon or stored on any Balcony without the prior written approval of the Board).
(d) Protecting the property rights and welfare of other Owners.
(e) Enforcing the provisions of this Declaratio n of Condominiu~, the By-Laws or the Rules and Regulations promulgated thereunder.
ard).
(d) Protecting the property rights and welfare of other Owners.
(e) Enforcing the provisions of this Declaratio n of Condominiu~, the By-Laws or the Rules and Regulations promulgated thereunder.
Except in the event of an emergency, such right of entry shall be exercised only in the presence of the Owner or other occupant of the Residence Unit which is entered. In all events, such right of entry shall be exercised in such manner as to avoid any unrea sonable or unnecessary interference with the possession, use or enjoyment of the Residence Unit by the Owner or occupant thereof and shall, whenever possible, be preceded by reasonable notice to the Owner or occupant thereof . In the event that any damage is -17caused to the property of any Owner in connection with the exer~ cise of any such right of entry, such damage shall be repaired at the expense of the Council and the Board is authorized to expend Common Expense Funds therefor. The rights of entry herein granted to the Council or its duly authorized representative shall be accomplished by and exercised subject to such methods and procedures as are set forth in the Rules and Regulations .
Section 3 .11 Notices. Any notice permitted or re quired to be given to a member of the Board or to an owner.may be delivered personally, by mail or by placing such notice in the mail distribution facilities of each Owner if such facilities are present in the Building. If delivery is made by mail, it shall be deemed to have been delivered seventy-two (72) hours after deposit in the U. s. Mail postage prepaid, addressed to an O,...•ner at his Residence Unit or to such other address as the Owner may have given in writing to the Secretary of the Council for the
after deposit in the U. s. Mail postage prepaid, addressed to an O,...•ner at his Residence Unit or to such other address as the Owner may have given in writing to the Secretary of the Council for the the Secretary.
ARTICLE IV COMMON EXPENSE FUND; ASSESSMENTS; COLLECTION Section 4.1 Common Expense Charges. Except as provided in Section 4.2 hereof, all Owners are bound to contribute, in proportion to their Percentage Ownership Interests, to the Common Expense Fund as a Common Expense Charge, the expenses of administration of the Condominium Regime and the administration, maintenance and repairs of the Common Elements, and other expenses provided by the terms hereof to be paid by the Council or those expenses agreed upon to be assumed by the Council pursuant to this Declaration, its By-Laws and Rules and Regulations. The Common Expense Charge shall be assessed in accordance with the provisions hereinafter stated. No Owner shall be exempt from the obligation to make such contribution to the Common Expense Fund by waiver of the use or enjoyment of the Common Elements, or by abandonment of the Residence Unit belonging to him, or under any other circumstances.
Section 4. 2· Pa ent of Common Ex ense Char es b Declarant. Recognizing t at, to some egree, the cost o adrn1n1stration and maintenance of the Condominium and the Common Elements is related to the use of the Common Elements which is in turn related to the number of Residence Units which are occupied, the Declarant shall pay to the Council, until election of the first Board as provided above, in lieu -:>f any Common Expense Charge or Special Assessment with respect to all Residence Units -18-
pied, the Declarant shall pay to the Council, until election of the first Board as provided above, in lieu -:>f any Common Expense Charge or Special Assessment with respect to all Residence Units -187 which the Declarant continues to own, an amount, if any, by which the "Actual Operating Expense" (as hereinafter defined) incurred for the first fiscal year of the Council (other than the "Excess Utility Costs", as hereinafter defined), exceeds the aggregate of the Common Expense Charges (less any portion thereof that is deposited in the Reserve Fund) payable during such period by other Owners of Residence Units. In the event that the amounts collected as Common Expense Charges from Owners other than the Declarant ( less any portion thereof that is deposited in the Reserve Fund) exceed such Actual Operating Expenses for such period, then, within a reasonable time after the expiration of such period, an amount equal to such excess shall be refunded to the Owners who shall have paid such Common Expense Charges, in proportion to their respective contributions . For the purp~ses of this provision, the term "Actual Operating Expenses" shall mean those expenses reasonably necessary for the normal maintenance and operation of the Condominium and shall not include ti) capital expenditures, (determined in accordance with generalli accepted accounting principles); (ii) any amount paid into the Reserye Fund; or (iii) prepaid items, inventory items or similar expenses to the extent attributable to periods after such fiscal year or part thereof. For purposes hereof the prhase "Excess Utility Costs" shall refer to the increased charges made by applicable utility companies supplying utility service to the chillers, water towers, gas-fired boilers, circulating pump and
prhase "Excess Utility Costs" shall refer to the increased charges made by applicable utility companies supplying utility service to the chillers, water towers, gas-fired boilers, circulating pump and system and other portions of the Common Area in excess of similar charges for such utilities to the extent such excess results from an increase in the utility rates for such utilities over those rates published by the applicable public utility service supplying such utility as of July 1, 1979. After election of the first Board, the Common Expense Charge to be paid by each Owner (including the Declarant) shall be determined as provided in this Article IV. The Declarant, by notice in writing to the Council, may waive the benefits of the first sentence of this Paragraph and in the event of such waiver, shall thereafter be bound to contribute to the Common Expense Fund the Common Expense Charges and Special Assessments in proportion to the Percentage Ownership Interest attributable to the Residence Uni ts owned by the Declarant.
Section 4.3 Bud ets, Establishment of Common Exoense Charges and Special Assessments. Unt1 t e commencement of the first full fiscal year after the first meeting of the members of the Council is held, the Declarant shall have the right and obli gation to establish the annual budgets for each fiscal year pro jecting all expenses for the forthcoming year which may be required for the proper operation, management and maintenance of the Condominium and Condominium Regime. Such budget, and all successive budgets. shall be a reasonable allowance for contingencies and shall establish a reserve fund ( the "Reserve Fund") for maintenance, repairs and replacements to Common -19Elements, including those that must be ·replaced on a periodic
wance for contingencies and shall establish a reserve fund ( the "Reserve Fund") for maintenance, repairs and replacements to Common -19Elements, including those that must be ·replaced on a periodic basis. Such initial budget, and those adopted thereafter, may also provide for ad valorem tax expenses of ·the Project, if the taxing authorities having jurisdiction thereof have not then ·separately assessed and valued individual Residence Units. The fiscal year of the Condominium shall be the calendar year, unless the Board otherwise provides.
Commencing with the first full fiscal year after the first meeting of the members of the Council is held, the Board of Directors of the Council shall establish an annual budget in advance for each calendar year and such budget shall project all expenses for the forthcoming year which may be required for the proper operation, management and maintenance of the Condominium, including . a reasonable allowance for contingencies and for a reasonable addition to the Reserve Fund. Such initial budget, and those adopted thereafter, may also provide for ad valorem tax expense .-s of the Project if the taxing authorities having jurisdiction thereof have not then-separately assessed and valued individual Residence Units. The Common Expense Charge for such year shall be established by the adoption of such annual budget by the Board of Directors of the Council. Copies of each such budget shall be delivered to each Owner by such reasonable means as the Board of Directors may provide. In the event that the Board of Directors at any time determines that the Common Expense Charges so levied are or may prove to be insufficient to pay the
le means as the Board of Directors may provide. In the event that the Board of Directors at any time determines that the Common Expense Charges so levied are or may prove to be insufficient to pay the costs of operation and management of the Condominium for such fiscal year or in the event of casualty losses, condemnation losses or other events (including non-payment of Common Expense Charges by some Owners) which require additional funds be supplied for preservation and operation of the Condominium, the Board of Directors shall have the authority at any time or from time to time to levy such Special Assessment as it shall deem necessary for that purpose. such Special Assessment shall not be levied, however, without the prior approval of Owners having at least a majority of the votes in the Council, unless a greater number of votes is required by law.
The failure or delay of the Board to prepare any annual budget or to deliver copies of such budgets to each Owner shall not constitute a waiver or release in any manner of any Owner's obligation to pay Common Expense Charges whenever the same shall be determined, and in the event of any delay or failure to estab lish any annual budget each Owner shall continue to pay the Common Expense Charge, monthly, at the rate established for the previous period until a new annual budget is established.
Section 4.4 Payment of Common Expense Charges and Special Assessments. After each such budget 1s adopted, the Declarant (or the Council, as the case may be) shall determine the Common Expense Charge required for the operation of the -20J Project and the maintenance of the Common Elements and for the allowance for contingencies and Reserve Fund for the calendar year in questions, and the portion thereof. allocable to each
of the -20J Project and the maintenance of the Common Elements and for the allowance for contingencies and Reserve Fund for the calendar year in questions, and the portion thereof. allocable to each owner. The Common Expense Charge shall be allocated among those Own~rs obligated by this Declaration to pay same 1 according to the respective Percentage Ownership Interests of such Owners.
Common Expense Charges shall be ~ue and payable monthly in advance o the first day of each calendar month (or such other as the Boar es1gna e y written notice to all owners) during the year for which the Common Expense Charge has been · assessed. Special Assessments shall be payable on or before ten (10) days after Owners are invoiced therefor. Payment of Common Expense Charges and Special Assessments shall be in default if such Common Expense Charges and Special Assessments, or any part thereof, are not paid to the Council on or before the due date in default shall bear interest at a rate of ten percent (10%} per annum from the date of delinquency until paid. In addition to the aforesaid remedy, in the event any such charge is not paid by the 15th day of such month, then, at the Board's election, the Common Expense Charge due from the delinquent Owner for the balance of the year shall be accelerated, shall become at once due and payable, and from the 15th of such month shall bear interest at the rate of ten-percent (10%) per annum. The Board shall also have the right, in its discretion, by appropriate resolution of the Board, to establish late fees or delinquency charges to be imposed ii+-addition to the interest to which such delinquent Common Expense Charges and Special Assessments are
ppropriate resolution of the Board, to establish late fees or delinquency charges to be imposed ii+-addition to the interest to which such delinquent Common Expense Charges and Special Assessments are subject. Each Owner (whether one or more persons) shall be personally liable for the payment of all Common Expense Charges and Special Assessments, interest and late fees ( or delinquency charges} which may be levied against such Owner and his Residence Unit pursuant to the provisions hereof.
Section 4. 5 Enforcement. In order to secure the payment of the Common Expense Charges and. Special Assessments charges), a vendor Is lien and superior title shall be and is hereby reserved in and to each Residence Unit (the Common Expense Charge allocable to each Residence Unit being a portion of the purchase price therefor) and assigned to the Council, without recourse, which lien shall be enforceable through appropriate judicial proceedings by th~ Council or any Owner on behalf of the Council or by public sale without judicial proceedings. Each Owner, by accepting conveyance of a Residence Unit, irrevocably grants to the Council a power of sale so that the lien for any unpaid sums required to be paid by this Declaration may be fore closed at public sale without judicial proceedings in the manner prescribed by law in the State of Texas. The Council may be the bidder at any such foreclosure sale and may have the amount for which the Residence Unit in question is sold credited on the sums -21owing to the Council. Said lien and superior title shall be deemed subordinate to a first lien or liens of any bank, insurance company, savings and loan association, university,
dited on the sums -21owing to the Council. Said lien and superior title shall be deemed subordinate to a first lien or liens of any bank, insurance company, savings and loan association, university, pension or profit-sharing trust of plan, or other institutional lender which may have heretofore or may hereafter lend money in good faith for the purchase or improvements of any Residence Unit. The collection of such Common Expense Charges and/or Special Assessments may, in addition to any other applicable method at law or in equity,• be enforced by suit for a money judgment and in the event of such suit, the expense incurred in collecting such delinquent assessment, including interest, costs and attorney's fees shall be chargeable to and be a personal obligation of such defaulting Owner. Except in the circumstances in which a good faith dispute exists as to the amount of the Common Expense Charges or any Special Assessments for which an Owner is 1iable, an Owner in default in the payment of the Common Expense Charge or any Special Assessment shall not be entitled to vote at any meeting of the Council so long as such default exists.
Section 4.6 Common Expense Fund. The Common Expense Charges collected shall be paid into the Common Expense Fund to be held and used for the benefit, directly or indirectly, of the Condominium; and such Common Expense Fund may be expended by the Board for the purposes set forth herein, including, without limitation, providing (or the enforcement of the provisions of this instrument, the By-Laws of the Council and Rules and Regula tions promulgated thereunder; for the maintenance, opera ti on, repair, benefit and welfare of the Common Elements, and generally for doing those things necessary or desirable in the opinion of
egula tions promulgated thereunder; for the maintenance, opera ti on, repair, benefit and welfare of the Common Elements, and generally for doing those things necessary or desirable in the opinion of the Board to maintain or improve the Condominium . The use of the Common Expense Fund for any of these purposes, except as provided herein, is permissive and not mandatory, and the decision of the Board with respect thereto shall be final, so long as made in good faith.
ARTICLE V INSURANCE Section 5. l · General Provisions. The Board shall have authority to and shall obtain insurance for the Condominium as follows: (a) Insurance on the Building, including the Residence Units (except as provided in Section 5.2 below) and the Common Elements, against loss or damage by fire and loss or damage by all risks now or hereafter embraced by Texas Multi-Peril Form TxMP 130 and any similar -22extended coverage policy or endorsement thereto designed for insuring condominium regimes in the State of Texas (with vandalism and malicious mischief endorsements), in amounts s~ficient to prevent the Council or the Owners from becoming a co-insurer within the terms of the applicable policies, but in any event in an amount not less than the full insurable replacement cost thereof. The "full insurable replacement cost" of the Building, including the Residence Uni ts and the Common Elements, shall be determined from time to time but not less often than once in a twelve-month period by the Board and the Board shall have the authority to obtain and pay for an appraisal by a person or organization selected by the Board in making such determination. The cost of ~ny and all such appraisals shall be borne by the Common Expense Fund.
(b) Insurance on the Building against all loss or
or organization selected by the Board in making such determination. The cost of ~ny and all such appraisals shall be borne by the Common Expense Fund.
(b) Insurance on the Building against all loss or damage from explosion of boilers, heating apparatus, pressure vessels and pressure pipes installed in, on or about said Building, without co-insurance clause, so long as available, in such amount as the Board may deem desirable.
(c) Comprehensive public liability and property damage insurance against claims for personal injury or death or property damage suffered by the public or any Owner, the family, agent, employee or invitee of any Owner, occurring in, on or about the Common Elements or upon, in or about the private driveways, roadways, walkways and passageways, on or adjoining the Condominium, which public liability and property damage insurance shall afford protection to such limits as the Board shall deem desirable. Such liability and property damage insurance policy shall contain a cross-liability endorsement wherein the rights of named insureds under the policy or policies shall not prejudice his, her or their action or actions against another named insured.
( d) such workman's compensation insurance as may be necessary to comply with applicable laws.
(e) Employer's liability insurance in such amount as the Board may deem desirable.
(f) Fidelity bonds indemnifying the Council, the Board and the Owners from loss of funds resulting from fraud ulent or dishonest acts of any employee of the Council or of any other person handling the funds of the Council in such an amount as the Board may deem desirable .
-23(g) Such other insurance in such reasonable amounts as the Board shall deem desirable.
The premiums for all insurance acquired on behalf of the Council
an amount as the Board may deem desirable .
-23(g) Such other insurance in such reasonable amounts as the Board shall deem desirable.
The premiums for all insurance acquired on behalf of the Council · or the Owners pursuant to the provisions hereof shall be borne by the Common Expense Fund.
All insurance provided for in this Section shall be effected under valid and enforceable policies issued by issuers of reco·gnized responsibility authorized to do business in the State of Texas. Policies of insurance of the character described in Subsections (a), (b) and (c) of this Section 5.1 shall name as insureds the Council and each Owner in the Percentage Ownership Interest established in Exhibit "D" to this Declaration; shall contain standard mortgagee clause endorsements in favor of the Mortgagei or Mortgagees of each Residence Unit, if any, as their respective interest may appear; shall be without contribution with re-gard to any other such policies of insurance carried indi vidually by any Owner, whether such other insurance covers the Residence Unit owned by-such Owner and/or the additions and improvements made by such Owner to his respective Unit; shall provide that such policy shall not be terminated for non-payment of premiums or for any other cause without at least thirty (30) days prior written notice to the Council and at least ten (10) days prior written notice· to the Mortgagee of each Residence Unit. If possible, all_ policies of insurance of the character described in Subsection (a) of this Section 5.1 shall contain an endorsement extending coverage to include the payment of Common Expense Charges with respect to Residence Units damaged during the period of reconstruction thereof.
Section 5. 2 Individual Insurance. Each Owner shal 1
ding coverage to include the payment of Common Expense Charges with respect to Residence Units damaged during the period of reconstruction thereof.
Section 5. 2 Individual Insurance. Each Owner shal 1 be responsible for insurance on the contents of his Residence Unit and the furnishings, interior walls, appliances and al 1 parts of the Residence Unit not Common Elements, and personal property therein . All policies of casualty insurance carried by each Owner shall be without contribution ~ith respect to the policies of casualty insurance obtained by the Council for the benefit of all the owners as above provided. Owners may carry individual policies of liability insurance insuring against the liability of. such Owners, at their own cost and expense .
ARTICLE VI FIRE OR CASUALTY; REBUILDING Section 6. l Determination of Loss. In the event of a fire or other casualty causing damage or destruction to the Building, the Board shal 1, within thirty ( 3 0) days thereafte r, -24...
determine whether such loss comprises the whole or more than two-thirds ( 2/3rds) of the Building ( above the foundation).
Unless otherwise provided by law, such determination shall be made. by determining whether the cost of necessary repair or · reconstruction would exceed two-thirds (2/3rds) of the cost of reconstructing the Building as it existed prior to such fire or other casualty. In the event of fire or other casualty damage which does not comprise more than two-thirds ( 2/3rds} of the Building ( above the foundation), unless otherwise unanimously agreed to by the owners, the Building shall be repaired and · reconstructed substantially in accordance with the original plans and specifications for the Building, in accordance with the provisions hereof.
to by the owners, the Building shall be repaired and · reconstructed substantially in accordance with the original plans and specifications for the Building, in accordance with the provisions hereof.
In the event that fire or other casualty damage com prises the whole or more than two-thirds (2/3rds) of the Building the Owners, all proceeds of insurance policies carried by the Council and all accrued arid collected Common Expense Charges (after deducting any unpaid Common Expense Charges for which such Owner may be liable) shall be delivered to the Owners or their Mortgagees, as their interests may_ appear, in proportion to the Percentage Ownership Interests of each Owner and the Condominium Regime established by this Declaration of Condominium shall terminate. Upon such termination, the Residence Unit and Common Elements shall be deemed to be regrouped and merged into a single estate owned in undivided interests by all Owners as tenants-in common in the Percentage Ownership Interest previously o~ned by each Owner in the Common Elements. In such case, unless otherwise unanimously agreed upon by all owners, the Board, as soon as reasonably possible and as agent for all Owners, shall sell the Condominium, in its then condition, free from the effect of this Declaration, on terms satisfactory to the· Board and the net proceeds of such sale shall thereupon be distributed to the Owners or their Mortgagees, as their interests may appear, in proportion to the Percentage Ownership Interest previously owned by each Owner in the Common Elements. If the Board fails to consummate a sale pursuant to the preceding sentence within twenty-four (24) months after the destruction or damage occurs,
previously owned by each Owner in the Common Elements. If the Board fails to consummate a sale pursuant to the preceding sentence within twenty-four (24) months after the destruction or damage occurs, then the Board shall (or if· the Board does not, any Owner or Mortgagee may) record a sworn statement setting forth such facts and reciting that under the provisions of this Declaration the prohibition against· judicial partition provided for in Section 11. 2 below has terminated and that judicial partition of the property may be obtained pursuant to the laws of the State of Texas.
Section 6.2 Rebuilding . In the event that it is determined that the Building shall be repaired and reconstructed, then all proceeds of insurance policies with respect to such fire ~ or casualty, carried by the Council, shall be paid to a bank .J -25J ( selected by the Board), as trustee, insured by the Federal Deposit Insurance Company (or its successors) and located in Harris County, Texas, to be held in trust for the benefit of the Own~rs and their Mortgagees as their respective interests may appear. The Board shall thereupon contract on behalf of all owners to repair or rebuild the damaged portions of all Residence Units, the Building and Common Elements in accordance with the original plans and specifications therefor and the funds held in the trust by such depository bank shall be used for this purpose and disbursed by the Board in accordance with the terms of the contract of repair and rebuilding.
In the event that such insurance proceeds are insuffi cient to provide for such repair, restoration or rebuilding, 'the assessed against all of the Owners, in proportion to the Per
insuffi cient to provide for such repair, restoration or rebuilding, 'the assessed against all of the Owners, in proportion to the Per centag& ownership Interest of each Owner, as set forth in this Declaration. Such Special . Assessments shall not require the consent of the members of the council notwithstanding the provisions of Section 4.3 hereof. If any Owner shall fail to pay such Special Assessments when due, the Board may make up the deficiency by payment·frorn the Common Expense Fund, which payment shall in no way release the Owner who has failed to make payment of such Special Assessment from liability therefor. Such assessments shall be enforceable as provided for other Special Assessments herein. The provisions of this · Section may be changed only by unanimous resolution of the Owners and all Mortgagees, adopted subsequent to the date on which such fire or casualty loss occurs.
Section 6.3 Repair of Residence Units. Each Owner shall be responsible for the reconstruction, repair and replace ment of all personal property and other property riot a Common Element in or part of his Residence Unit, including, but not limited to, the floor coverings, wall coverings, interior walls, furniture, furnishings, decorative light fixtures and appliances located therein.
Section 6.4 Indemnity of Council. Each Owner shall be responsible for the costs not otherwise covered by insurance carried by tbe Council caused by his negligence or misuse or by the negligence or misuse of his -immediate family, and his agents or employees in the course of their duties, and shall, to the extent not covered by insurance collected by the Council, indem nify the Council and all Owners against any such costs of recon
s agents or employees in the course of their duties, and shall, to the extent not covered by insurance collected by the Council, indem nify the Council and all Owners against any such costs of recon struction, repair and replacement of any portion of the Building .
-26ARTICLE VI I EMINENT DOMAIN Section 7.1 · General Provisions. If all or any part of the Condominium is taken or threatened to be taken by eminent domain or by power in the nature of eminent domain ( whether permanent or temporary), the Board and each Owner shall be entitled to participate in proceedings incident thereto at their respective expense. The Board shall give notice of the existen~e of such proceeding to all Owners and to all Mortgagees known to the Board to have an interest in any Residence Unit. The expense of participation in such proceedings by the Board shall be borne by the Common Expense Fund. The Board is specifically authorized to obtain and pay for such assistance from attorneys, appraisers, architects, engineers, expert witnesses and other persons as the Board, in its discretion, deems necessary or advisable to aid or advise it in matters relating to such proceedings. All damages or awards for any such taking shall be deposited with the Board, acting as trustee, and such ·damages or awards shall be applied or pass as provided herein. · Section 7.2 Taking of Common Elements. In the event.
that an action in eminent domain is brought to condemn a portion of the Common Elements (together with or apart from any Residence Unit) the Board, in addition to the general powers set out herein, shall have the 5ole authority to determine whether to defend or resist-any such proceeding, to make any settlement with respect thereto. or to convey such property to the condemning
rs set out herein, shall have the 5ole authority to determine whether to defend or resist-any such proceeding, to make any settlement with respect thereto. or to convey such property to the condemning authority in lieu of such condemnation proceeding. With respect to any taking of Common Elements only, all damages and awards shall be determined for such taking as a whole and not for each Owner's interest therein. After the damages or awards for such taking are determined, such damages or awards shall be paid to each Owner in proportion to his Percentage Ownership Interest in the Common Elements. The Board may, if it deems advisable, call a meeting of the Owners, at which meeting the Owners, by a majority vote, shall decide whether to replace or restore as far as possible the Common Elements so taken or damaged. In the event it is determined that such Common Elements should be replaced or restored by obtaining other land or building additional structures, this Declaration and the plat attached hereto as Exhibit "C" shall be duly amended by instrument executed by the Board'of Directors on behalf of the Owners.
Section 7.3 Taking of Residence Units. In the event that such eminent domain proceeding results 1n the taking of,or damage to one or more, but less than two-thirds of the total number of Residence Units, then the damages and awards for such taking shall be determined for each Residence Unit and the following shall apply: -27(a) The Board shall determine which of the Residence Units damaged by such taking may be made tenantable for the purposes set forth in this Declaration, taking into account the nature of this Condominium and the reduced size of each Residence Unit so damaged.
(b) The Board shall determine whether it is reasonably
urposes set forth in this Declaration, taking into account the nature of this Condominium and the reduced size of each Residence Unit so damaged.
(b) The Board shall determine whether it is reasonably practicable to operate the remaining Residence Units of the condominium, including those damaged uni ts which may be made tenantable, as a condominium in the manner provided in this Declaration.
(c) In the event that the Board determines that it is not reasonably practicable to operate the undamaged Residence Units and the damaged Residence Units wRich can be made tenantable as a condominium, then the condominium shall be deemed to be regrouped and merged into a single estate owned jointly in undivided interests by all Owners, as tenants-in-common, in the Percentage Ownership Interests previously owned by each Owner. in the Common Elements . In such case, unless otherwise unanimously agreed upon by all Owners, the Board, as soon as reasonably possible and as agent for all Owners, shall sell the Condominium, in its then condition, free from the effect of this. Declaration, on terms satisfactory to the Board and the net proceeds of such sale shall thereupon be distributed to the Owners or their Mortgagees, as their interests may appear, in proportion to the Percentage Ownership Interest prev iously owned by each Owner in the Common Elements. If the Board fails to consummate a sale pursuant to the preceding sentence within tw~nty-four (24) months after the taking occurs, then the Board shall ( or if the Board does not, any Owner or Mortgagee may) record a sworn statement setting forth such facts and reciting that under the provisions of this Declaration the prohibition against judicial partition provided for in
not, any Owner or Mortgagee may) record a sworn statement setting forth such facts and reciting that under the provisions of this Declaration the prohibition against judicial partition provided for in Section 11. 2 below has terminated and that judicial partition of the property may be obtained pursuant to the laws of the State of Texas.
( d) In the event that the Board determines that it will be reasonably practical to operate the undamaged Residence Units and the damaged Residence Units which can be made tenantable as a condominium, then the damages and awards made with respect to each Residence Unit which has been determined to be capable of being made tenantable shall be applied to repair and recon struct such Residence Unit so that it is made tenant able. If the cost of such work exceeds the amount of the award, the additional funds required shall be -28assessed against the Owners of those Residence Units which are being repaired or reconstructed so as to be made tenantable. With respect to those Residence Units which may not be made tenantable, the award made with respect to such Residence Unit shall be paid-to the Owner of such Residence Unit or his Mortgagee or Mortgagees, as their interests may appear, and the remaining portion of such Residence Uni ts, if any, shall become a part of the Common Elements and repair and use of such Residence Units shall be determined by the Board. Upon the payment of such award for the account of such Owner as provided herein, such Residence Unit shall no longer be a part of the Condominium and the Percentage Ownership Interests in the Common Elements appurtenant to each remaining Condominium shall be equitably adjusted to distribute
m and the Percentage Ownership Interests in the Common Elements appurtenant to each remaining Condominium shall be equitably adjusted to distribute the ownership of the undivided interests in the Common Elements among the reduced number of Owners.
If the entire Condominium is taken, or two-thirds or more of the Residence Units are taken or damaged by such taking, all damages and awards shall be paid to the accounts of the Owners of the Residence Units, as provided herein, in proportion to their Percentage Ownership Interests in the Common ElemenLs and this Condominium Regime shall terminate upon such payment.
Upon such termination, the Residence Uni ts and Common Elements shall be deemed to be regrouped and merged into a single estate owned in undivided interest by all Owners as tenants-in-common in the Percentage Ownership Interest previously owned by each Owner in the Common Elements. In such case, unless otherwise unani mously agreed upon by all Owners, the Board, as soon as reasonably possible and as agent for all Owners, shall sell the Condominium, in its then condition, free from the effect of this Declaration, on terms satisfactory to the Board and the net proceeds of such sale shall thereupon be distributed to the Owners or their Mortgagees, as their interests may appear, in proportion to the Percentage Ownership Interest previously owned by each Owner in th«:; Common Elements. If the Board fails to consummate a sale pursuant to the preceding sentence within twenty-four (24). months after the taking occurs, then the Board shall (or if the Board does not, any Owner or Mortgagee may) record a sworn statement setting forth such facts and reciting that under the provisions of this Declaration the prohibition
then the Board shall (or if the Board does not, any Owner or Mortgagee may) record a sworn statement setting forth such facts and reciting that under the provisions of this Declaration the prohibition against judicial partition provided for in Section 11.2 below has terminated and that judicial partition of the property may be obtained pursuant to the laws of the State of Texas.
Section 7.4 PaY!!'ent of Awards and Damages. Any damages or awards provided 1n this Article to be paid to or for the account of any Owner by the Board, acting as trustee, shall be applied first to the payment of any taxes or assessments by governmental authorities owing with respect to that Residence Unit; secondly, to amounts due under any first Mortgage; thirdly, to the payment of any Common Expense Charges or Special Assess .ments charged to or made against the Residence Unit and unpaid; fourthly, to amounts due under any Mortgage other than a first Mortgage; and finally to the Owner of such Residence Unit.
ART! CLE VII I OBSOLESCENCE Section 8.1 Determination of Non-Obsolescence and tage Ownership Interest of ninety percent (90%) or more of the Condominium may agree that the Common Elements are not obsolete and that the same can and should be renewed or reconstructed . In such instance, the expenses thereof . shall be borne by the Common Expense Fund and a Special Assessment may be assessed therefor; provided, however, that any Owner not agreeing to such renewal or reconstruction may give written notice to the Board within ten (10) days following ·such decision to renovate that such Owner shall sell his Residence Unit to the Council, for a cash price equal to the fair mar~et value thereof. If such Owner and the
d within ten (10) days following ·such decision to renovate that such Owner shall sell his Residence Unit to the Council, for a cash price equal to the fair mar~et value thereof. If such Owner and the Board, acting as agent of and on behalf of the Council, can agree on the fair market value therefor, then such sale shall be consummated within thirty (30) days after Owner and the Board agree upon such value. If such Owner and the Board are unable to agree upon the price thereof, the date when either party notifies the other that either is unable to agree with the other as to such price or terms shall be the "Commencement Date", from which all periods of time mentioned herein shall be measured. Within ten (10) days from the Commencement Date, the Owner and the Board shall designate in writing (and give notice of such designation to the other party) the appraiser selected by each such party who shall be a member of the Houston Board of Realtors and shall have been active in the sale of residential condominium units in the Houston, Harris County, Texas, area for a period of at least five (5) years prior thereto . If either party fails to make such designation within the aforesaid ten (10)-day period, then the appraiser designated •by such non-defaulting party shall, within five (5) days after the expiration of such ten (10)-day period, appoint another appraiser, who shall likewise be a member of the Houston Board of Realtors and shall have been active in the sale of residential condominiwns for a period of not less t.han five (5) years prior thereto. If the two appraisers designated by the Owner and the Board (or selected pursuant to the provisions of the preceding sentence) are unable to agree upon the price of
t.han five (5) years prior thereto. If the two appraisers designated by the Owner and the Board (or selected pursuant to the provisions of the preceding sentence) are unable to agree upon the price of such Residence Unit, then they shall appoint a third appraiser , -30J being subject to the same qualifications as herein set forth for the first two ( 2) appraisers. If the two ( 2) appraisers are unable to agree upon a third appraiser within five (5) days from the date that such first two (2) appraisers are appointed (or selected pursuant to the preceding provisions hereof, if one party fails to designate an appraiser), then either Owner or the Board, on behalf of both, may request such appointment of the third appraiser by the Senior Judge of the United State District for the Southern District of Texas, Houston Di vision. In the event of the failure, refusal or inability of any appraiser so appointed to act, a new appraiser shall be appointed in his stead, which appointment shall be made in the same manner as hereinbefore provided for the appointment of such appraiser so failing, refusing or so unable to act. Each party shall pay, the fees and expenses of the original ·appraiser (and any successor) appointed by such ·party; the fees and expenses of the third.
appraiser, and all other expenses, if any, shall be borne equally by the Owner and the Board (which expenses, as aforesaid, shall be part of the Common Expense Fund). A decision joined in by two of the three appraisers shall be the decision of.the appraisers. If no two appraisers agree, then the average of the two (2} closest in mathematical determinations shall constitute the decision of the appraisers. After reaching a decision, the appraisers shall give written notice thereof to the Owner and the
of the two (2} closest in mathematical determinations shall constitute the decision of the appraisers. After reaching a decision, the appraisers shall give written notice thereof to the Owner and the Board, whereupon the sale of such Residence Unit shall be con summated at such price· within fifteen ( 15) days thereafter.
Section 8.2 Determination of Obsolescence and Decision to Sell. Owners representing an aggregate Percentage Ownership Interest of ninety percent (90%) or more of the Condo minium may agree that the Common Elements are obsolete and that the entire Condominium should be sold. In such instance, the Board shall forthwith file and record with the.County Clerk of Harris County, Texas, a notice setting forth such fact or facts, and upon the filing of such notice, the entire Condominium shall be sold by by the Board as attorney-in-fact, for all Owners, free and clear of the provisions contained in this Declaration and upon such sale the Condominium Regime shall be terminated . The net sales proceeds shall be apportioned between the Owners on the basis of each Owner's Percentage Ownership Interest in the Common Elements, such apportioned proceeds shall be paid into separate accounts, each such account representing one Residence Unit.
Each such account shall be in the name of the Council, and shall be further identified by the number of the Residence Unit and the name of the Owner. From each separate account, the Board, as attorney-in-fact , shall use and disburse the total amount ( of each) of such funds, without contribution from one fund to another and such proceeds shall be disbursed first to the payment of any taxes or assessments by governmental authorities owing with respect to that Residence Unit; secondly, to amounts due
ne fund to another and such proceeds shall be disbursed first to the payment of any taxes or assessments by governmental authorities owing with respect to that Residence Unit; secondly, to amounts due under any first Mortgage; thirdly, to the payment of any Common -31Expense Charges or Special Assessments charged to or made against the Residence Unit and unpaid; fourthly, to any Mortgagee other than a first Mortgage; and finally, to the Owner of such Residence Unit.
ARTICLE IX TRANSFER OF UNIT; RIGHT-OF-FIRST-REFUSAL Section 9.1 Right-of-First-Refusal. Except as provided below, should the Owner of any Residence Unit be desirous of leasing (which term shall be deemed to include all types·of lease, rental or other occupancy agreements) or selling such Residence Unit, the Council is hereby given and granted the right-of-first-refusal to lease or purchase such Residence Unit, as the~case may be, on the terms and conditions herein stated, and no Owner of a Residence Unit shall lease or sell the same to any party without first giving the Council notice in writing of such proposed lease or sale as herein provided and giving the council the opportunity to determine whether it will exercise the right-of-first-refusal to lease or purchase said Residence Unit· on the same terms ·and conditions as those contained in any bona fide of fer which the Owner of such Residence Unit may have received for the lease.or purchase of his said Residence Unit.
Any leasing or sale of a Residence Unit without compliance with the terms hereof shall be void and of no force or effect and shall confer no title or interest 1n a Residence Unit to the purported purchaser or lessee.
Secticin 9.2 Notice and Exercise of Option. Whenever the Owner of any Residehce Unit has received a bona. fide offer to
r no title or interest 1n a Residence Unit to the purported purchaser or lessee.
Secticin 9.2 Notice and Exercise of Option. Whenever the Owner of any Residehce Unit has received a bona. fide offer to lease or purchase his Unit and is desirous of accepting such bona fide offer, the Owner of such Residence Unit shall give the Board written notice of his desire to accept such offer for the lease or purchase of his Residence Unit, stating the name, address, business, occupation or employment of the offerer, and furnish the Board an executed copy of a bona fide offer for said lease or purchase. If the Council desires to exercise its option to lease or purchase said Residence Unit on the same terms and conditions as are contained in said offer, then the Board shall notify the owner of said Residence Unit desiring to lease or sell the same of the exercise of its option, such notice to be in writing and delivered by registered or certified mail to said Owner within fourteen (14) days from the date of receipt by the Board of the o~ner's notice to said Board as hereinabove required, or written notice may be personally delivered to said Owner within said period. If the Board has elected to lease or purchase said Residence Unit, then, within a reasonable time after the giving of notice to the Owner of such Residence Unit of its election to -32l lease or purchase said Unit, the Board shall execute a lease or contract to purchase, and shall consummate such contract to purchase on all the same terms and conditions as those contained in said bona fide offer. When any Owner of a Residence Unit has notified the Council as above provided of his desire to lease or sell his Residence Unit, such Owner shall be free to consummate
ntained in said bona fide offer. When any Owner of a Residence Unit has notified the Council as above provided of his desire to lease or sell his Residence Unit, such Owner shall be free to consummate such lease or sale of his Residence Unit unless, within fourteen (14) days after receipt of Owner's notice by the Board, the Board has notified said Owner of its intention to exercise its right-of-first-refusal as set out herein. In the event that the Council elects not to exercise its right-of-first-refusal, the Owner of said Residence Unit shall be free to lease or sell said Residence Unit only to the party and only upon the terms described in the required notice. In the event that the proposed transaction with regar.d to which the Board has declined to exercise its right-of-first-refusal is not consummated within sixty (60) days of the date of the giving of the required notice, the O~ner of such Residence Unit must again give notice to the Council and the Council shall again·have a right-of-first-refusal as herein provided. The right-of-first-refusal to lease or purchase herein set forth shall be a continuing right and the non-exercise of the right in any instance shall not be deemed a waiver thereof in any other instance or against any other Owner or lessee.
Section 9.3 Purchase by Nominee of Council. If the Council shall so elect, it may cause its right-of-first-refusal to lease or purchase any Residence Unit to be exercised in its name for itself or for a party approved by the Board, or the Board may elect to cause said Residence Unit to be leased or purchased directly in the name of a party approved by it, which party shall enter into a lease or cc,ntract to purchase and consummate such contract to purchase in the same manner as would
e leased or purchased directly in the name of a party approved by it, which party shall enter into a lease or cc,ntract to purchase and consummate such contract to purchase in the same manner as would the Board upon its exercise of said right-of-first-refusal to lease or purchase the said Residence Unit.
Section 9.4 Terms of Lease. Notwithstanding that the Board may have declined to exercise its right-of-first-refusal with respect to any leasing of any Residence Unit, no Residence Unit shall be leased unless the terms and provisions of such lease specifically provide that such Residence Unit may not be sublet to or be occupied by persons other than those natned in the required notice provided for hereinabove without the prior written approval of the Board being first had and obtained, and any lease shall provide that the lessee shall comply with and abide by all of the restrictions pertaining to the use of Residence Units and the Common·Element.s set forth in this Declaration, the By-La~s, Rules and Regulations promulgated hereunder and the laws of the State of Texas now or hereafter established governing the use of such Residence Units and the Common Elements. Should any lessee or occupant not -33comply with such lease provision, then the Board shall be given the right to cancel and terminate such lease, without any obligation or liability imposed upon the Owner, and for such purpose, the Board shall be regarded as the Owner's agent fully authorized to take such steps as may be necessary to effect the ~ancellation and termination of such lease.
Section 9.5 Exceptions to Right-of-First-Refusal .
The right-of-first-refusal herein granted to the Council shall not apply to or be operative with respect to (i) transfer~ of.
mination of such lease.
Section 9.5 Exceptions to Right-of-First-Refusal .
The right-of-first-refusal herein granted to the Council shall not apply to or be operative with respect to (i) transfer~ of.
ownership of any Residence Unit by one spouse to or for the benefit of the other spouse and/or members of the Owner's immediate family (which term includes descendants, parents and siblings of the Owner and the spouses thereof); (ii) by one Owner to another Owner; (iii) in the event of transfers provided for in Sections ·g. 3 and 11. 3 hereof; (iv) any foreclosure or judicial sale of a Residence Unit; (v) the sale or leasing of a Residence Unit byrthe Council after the Council has acquired such Residence Unit or a leasehold estate therein -pursuant to the terms of this Article; (vi) to any conveyance made by. _the Owner of a... Residence Unit to a bona fide Mortgagee in lieu of foreclosure, provided that the title of a purchaser from such Mortgagee or purchaser obtained at any foreclosure or judicial sale shall thereafter be subject to the terms and provisions of this Article with respect to any further lease or sale of any such Residence Unit; (vii) to any lease, rental or occupancy arrangement for any Residence Unit the Owner of which is a corporation, limited partership, trust or other legal entity other than a natural person or persons for the housing of its officers, directors, partners, trustees, benefici aries or other designated agent or employee, provided that such entity is engaged in substantial business endeavors other than the renting or leasing of Residence Units in this Condominium; (viii) the creation of a security interest in or Mortgage encum bering a Residence Unit whereby a bank, insurance company,
rs other than the renting or leasing of Residence Units in this Condominium; (viii) the creation of a security interest in or Mortgage encum bering a Residence Unit whereby a bank, insurance company, savings and loan association or other similar financial institution becomes the Mortgagee; or (ix) notwithstanding any provision hereof to the contrary, the right-of-first-refusal granted to the Council herein shall not be applicable for the lease, sublease or sale of any Residence Unit to or by Declarant .
Section 9.6. Application of Proceeds of Sale. Upon the sale or conveyance of a Residence Unit by an Owner other than the Declarant, the proceeds· of such sale or conveyance shall be applied as follows: (a) First, to assessments, liens and charges in favor of the State and any political subdivision t.h ·reof for taxes past due and unpaid on the Residence Unit; (b) Secondly, to the Mortgagee holding a first Mort gage of any such Residence Unit; -34(c) Thirdly, to the payment of all unpaid Common Expense Charges and Special Assessments against the Residence Unit and the Owner thereof; ( d) Fourthly, to any Mortgagee holding a Mortgage other than a first Mortgage of any such Residence Unit; and (e) Fifthly , to the Owner of such Residence Unit.
If such unpaid Common Expense Charges or Special Assessments are not paid or collected at the time of sale or conveyance of a Residence Unit, the grantee of such sale or conveyance shall be jointly and severally liable with the selling Owner for ail unpaid c.ommon Expense Charges and Special Assessments against the Residence Unit up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the selling Owner ·the amounts paid by the grantee therefor .
Assessments against the Residence Unit up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the selling Owner ·the amounts paid by the grantee therefor .
In the event of a foreclosure of a first and prior lien on any Residence Unit, the purchaser at such foreclosure sale and any successor-in-title to such Residence Unit from the purchaser at such foreclosure sale (except the Owner upon whom such lien was foreclosed) shall not be• liable for: the Common Expense Charges or Special Assessments chargeable to such Residence Unit which became due prior to such foreclosure or any conveyance in lieu thereof .
Section 9.7 Perpetuity Savings Clause. Unless sooner terminated by the termination of this Declaration of Condominium, the terms and provisions of Sections 9.1 through 9.6 hereof, inclusive, shall remain in effect for the period of the lives of the now-living children of Abraham P. Friedman and Melvin A. Dow, both of Harris County, Texas, whichever of said children shall live longer, plus twenty-one (21) years, from and after the date of execution of this Declaration of Condominium.
ARTICLE X AMENDMENT OF DECLARATION, BY-LAWS AND RULES AND REGULATIONS Section 10.l Amendment of Declaration. Except as otherwise provided by law, the provisions of this Declaration, except for the designation of the Percentage Ownership Interes t which pertains to each Residence Unit, may be amended only by an instrument in writing signed and acknowledged by an aggregate number of members having not less than seventy-five percent (75%) of the total votes of all Residence Units, weighted in accordance -35, with their Percentage Ownership Interest and entitled to vote on , such amendment. Except in the event of redistribution of Per
f the total votes of all Residence Units, weighted in accordance -35, with their Percentage Ownership Interest and entitled to vote on , such amendment. Except in the event of redistribution of Per centage Ownership Interests in connection with the occurrence of a fire, casualty or eminent domain taking, in order to amend the allocation of the Percentage Ownership ·Interests in the Common Elements appertaining to any Residence Unit, it shall be neces sary not only that an aggregate number of members having not less than seventy-five percent (75%) of the votes of all Residence Units, weighted in accordance with their Percentage Ownership Interest and entitled to vote· on such amendment execute an instrument in writing, but, in addition, the Owners of those Residence Units whose Percentage Ownership Interests are amended by such amendment must join in such amendment .
Section 10. 2 Amendment of By-Laws . The By-Laws of the Council, adopted pursuant to the provisions of this Declara tion, m_ay be amended from time to time by the affirmative vote of an aggregate number of memb~rs having sixty percent (60%) of the votes of all Residence Units, weighted in accordance with their Percentage Ownership Interest and entitled to act on such matters at a meeting of the Council as provided herein.
Section 10.3 Amendments of Rules and Regulations.
The Rules and Regulations, or191nally promulgated by Declarant may be amended from time to time by the Board, as set forth in the By-Laws . The Rules and Regulations are of equal dignity with, and shall be enforceable in the same manner as, the provisions of this Declaration , but in the event of a conflict, this Declara tion shall control. Each Owner, by accepting conveyance of a
ty with, and shall be enforceable in the same manner as, the provisions of this Declaration , but in the event of a conflict, this Declara tion shall control. Each Owner, by accepting conveyance of a Residence Unit, agrees to comply with and abide by the Rules and Regulations as the same may be amended from time to time.
ARTICLE XI MISCELLANEOUS Section 11.1_ Estoppel Certificate . Any Mortgagee and any prospective purchaser of a Residence Unit shall be entitled upon written request therefor to a statement from the Board setting forth the amount of any unpaid Common Expense Charges or Special Assessments nbt paid by the Owner of a Residence Unit in which such prospective purchaser or Mortgagee has an interest.
Any prospective purchaser shall not be liable for nor shall the Residence Unit conveyed be subject to the lien provided for in this Declaration of Condominium for any unpaid Common Expense Charges or Special Assessments made by the Board against the particular Residence Unit involved in excess of the amount set forth in such statement . Any such purchaser shall, however, be 1 i able for any Special Assessments or Common Expense Charges becoming due aft~r the date of any such statement .
-36Section 11.2 No Partition. The Common Elements shall remain undivided and shall not be subject to an action for parti tion or di vision of the co-ownership thereof so long as the Condominium is maintained as a Condominium Regime, in accordance secured by an interest in the Common Elements must be paid in full prior to bringing any action for partition or the consent of all holders of such Mortgages must be obtained; provided, however, that if any Residence Unit shall be owned by two '( 2) qr
e paid in full prior to bringing any action for partition or the consent of all holders of such Mortgages must be obtained; provided, however, that if any Residence Unit shall be owned by two '( 2) qr more Owners as tenants-in -common ·or as joint tenants , nothing herein contained shall be deemed to prevent a judicial partition of such Residence Unit as between such co-tenants.
Section 11.3 Alteration of Boundaries of Residence Units. If one person, firm or entity (including Declarant) is the Owner of all or part of two (2) Residence Units which are adjoining, whether adjoining vertically ( above and below each other) : or horizontally . ( on t.he same floor of the Building) or if two (2) Owners of adjoining Residence Units so agree, then such Owner or Owners shall have the right to remove all or any part of any intervening partition or floor or to create doorways or other openings in such partition or floor~ notwithstanding the fact that such partition or floor may in whole or in part be a Common Element, so long as no portion of any load bearing wall or load bearing column or structural slab is weakened or removed and no portion of any Common Element other than that partition or floor is damaged, destroyed or endangered . In any of such events , the Owner or Owners· involved may relocate the boundaries between adjoining Residence Units by causing an appropriate instrument of amendment to this Condominium Declaration to be prepared and executed by such Owners , which instrument , in order to be binding, shall be joined in by the President of the Council and County, Texas. The instrument of amendment (i) shall show the boundaries between those Residence Uni ts which are being
of the Council and County, Texas. The instrument of amendment (i) shall show the boundaries between those Residence Uni ts which are being relocated, (ii) shall recite the occurrence of any conveyancing between the Owners of such adjacent Residence Units, and (iii) shall specify any reasonable reallocation as agreed upon between the Owners of the Residence Uni ts involved of the aggregate Percentage Ownership Interests in the Common Elements pertaining to those Residence Units. such plats and floor plans as may be necessary to show the altered boundaries between the Residence Units involved shall ·be certified as to their accuracy by a registered architect or engineer .
At any time prior to election of the first Board, the Declarant shall have the right, at its option and sole cost and expense, without the consent of other Owners or the representa tive or representatives of any Mortgagee, to (i) make altera tions, additions or improvements in, to and upon Residence Units owned by the Declarant (hereinafter called "Declarant-Owned -37J Units" or "Declarant-Owned Residence Units"), whether structural or non-structural, interior or exterior, ordinary or extraordinary; (ii) change the layout or number of rooms in any Declarant-Owned Unit; (iii) change the size and/or number of Declarant-Owned Uni ts (.including those resulting from such subdivision or otherwise) into one or more Residence Units, combining separate Declarant-Owned Units (including those resulting from such subdivision or otherwise) into one or more Residence Uni ts, altering the boundary walls between any Declarant-Owned Units, or otherwise; and (iv) reapportion 'among the Declarant-Owned Uni ts affected by such change in size or
nto one or more Residence Uni ts, altering the boundary walls between any Declarant-Owned Units, or otherwise; and (iv) reapportion 'among the Declarant-Owned Uni ts affected by such change in size or number pursuant to the preceding clause (iii), their appurtenant interest in the Common Elements; provided, however, that the Percentage ownership Interest in the Common Elements of any Residence Unit (other than Declarant-Owned Units} shall not be changed by reason thereof unless the Owners and Mortgagees , if any, of such Residence Units shall consent thereto and, provided furtherr that the Declarant shall comply with all laws applicable thereto and shall agree to -hold all other Owners harmless from any liability arising therefrom . The provisions of this Section may not be added to, amended or deleted without the prior written consent of the Declarant. The Declarant shall also have the.
authority, at its sole option, cost and expense , to make the Board, other Owners or the representative or representatives any such changes or improvements done by the Declarant pursuant to this provision. In the event of any such alteration, combina tion or improvement, the Declarant, at its sole cost and expense, shall file any amendment to this Declaration necessary to reflect such change or improvement .
Section 11.4 Correction of Errors. Declarant reserves, and shall have the cont1nu1ng right until election of the first Board, without the consent of other Owners or the representatives of any Mortgagee, to amend_ this Declaration or the By-Laws for the purpose of clarifying or resolving any ambiguities or conflicts herein, or correcting any inadvertent
Owners or the representatives of any Mortgagee, to amend_ this Declaration or the By-Laws for the purpose of clarifying or resolving any ambiguities or conflicts herein, or correcting any inadvertent mistatements, errors or omissions herein, provided that no such Amendment shall change the stated numbers of Residence Units nor the Percentage Ownership Interest in the Common Elements attributable thereto (except as set forth in Section 11.3).
Section 11. 5 Enforcement. The Board or any Owner shall have the right to enforce, by any proceedings at law or in equity, all terms and provisions hereof. Failure by the Board or by any Owner to enforce any covenant or restriction herein con tained shall in no event be deemed to be a waiver of the right to enforce such covenant or restriction thereafter.
-38Section 11.6 Severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of a~y other provision hereof.
Section 11.7 Exhibits. Exhibits 11A11 thorugh and including 11D11 attached hereto are hereby incorporated by reference in this Declaration for all purposes, as if set out verbatim herein.
Section 11.8 Mortgagee Matters. Any Mortgagee, upon reasonable notice, shall be entitled to examine the books and records of the Council. Further, each Mortgagee shall be entitled, with respect to any Residence Unit as to which it has a Mortgage,· to written notification from the Council of any default in the performance by an Owner of any obligation under this Declaration, the Articles of Incorporation of the Council, or the By-Laws, and the Council ~hall furnish such notice to such
of any default in the performance by an Owner of any obligation under this Declaration, the Articles of Incorporation of the Council, or the By-Laws, and the Council ~hall furnish such notice to such Mortgagee concurrently with the furnishing thereof to any such defaulting Owner, provided the Council has been requested in writing by such Mortgagee to do so and has been furnished the name and mailing address of such Mortgagee.
Section 11. 9 · Limitation on Contract Term. Any contract made by the Council for professional management, or providing for services by the Declarant, shall be terminable on thirty (30) days written notice and shall have a maximum term of no more than th~ee (3) years.
Section 11.10 Easements . Prior to the election of the first Board, the Oeclarant shall ha VE! the right to grant to utility companies and other similar entities, such easements, rights-of-way, and other rights as may be reasonably necessary LO service the Condominium and establish, operate or maintain the same as a viable condominium project, without the consent or joinder of other Owners or the representatives of any Mortgagee.
Section 11.11 Declarant's Right to Lease or Rent Residence Units. Declarant shall have the right to rent or lease Residence Units owned by Declarant to such parties and upon such terms and conditions as Declarant may elect. All tenants or lessees of Declarant shall have access to the Condominium and the Common Elements in tne same manner as Owners, and shall be bound hereby and by the Rules and Regulations .
Section 11.12 Covenant Running With Land. Subject to change pursuant to Section 10.l hereof, the terms and provisions hereof shall be deemed to be covenants running with the Land and shall be binding upon the Declarant, all Owners, Mortgagees and
ect to change pursuant to Section 10.l hereof, the terms and provisions hereof shall be deemed to be covenants running with the Land and shall be binding upon the Declarant, all Owners, Mortgagees and their respective heirs,. legal representatives, successors and assigns.
-39I I '· Snction 11.13 R~uolution of Disputes . In Addition to Council, includino nppoint.nu,nt of coro:nittoes lo conoidor and rcconmend roaolutiona o! "ny such di~putou.
400018-C RMB/OXFORD JOINT V1:NTURE, n Joint Venture, ncting herein by ita undersigned Venturcro: Iakim.Oxford Internationnl Develop ment Corporntion N. V., d/b,'a Corporation, a Nothcrlando Antilles corporation, Venturor GALLERIA ' CONDOMUIIUM I, LTD., General Partner _.
Li -40-I I I l STATE OF TEXAS COUNTY OF HARRIS I § i BEFORE HE, the undcroigned llUthod ty, on this day Oxford International Development Corpora lion N. V., d/b/n oxford International Development Corporation , a NetJ1crland Antilleu · scribed to the foregoing instrument and acknowlcdg~d to me that ho executed the same us the act and deed of f:iaid corporation, said corporation being a ·,cnturcr in RMB/OXFORD JOINT VENTURE,
is sub scribed to the foregoing instrument and acknowlcdg~d to me that ho executed the same us the act and deed of f:iaid corporation, said corporation being a ·,cnturcr in RMB/OXFORD JOINT VENTURE, STATE OF TEXAS COUNTY OF HARRIS BEFORE HE, the undersigned authority. on this d-3y personally appeued :RANDOLPH M. HENRY, a gc11eral partner of Galleria Condo:nininm I, Ltd., a Te:xas limited part.ncr!ihip which that he executed the sl'lmP. for the purpoGc!G and coni:-1cicration · and deed of said limited part.neruhip as a Venturer in said Joint · Venture.
, l 981.
/) Pntricin C. Fruge , · -41-Nol:ory Public in and for Harris County, Texas My Commission axpiros J-)l-84.
J STATE. OF TEXAS § § C0UNTY OF HARRIS I
ion axpiros J-)l-84.
J STATE. OF TEXAS § § C0UNTY OF HARRIS I limi tcd pnrtn~r.Ghip in a Venturer of PJm;o;cr-crto Joint VC?nture, a and deed vf said limi tcd partnel'Ghip aE a Venturer in o:\icl Joint v~nture.
-400018-C -42B[U:G A PART or;, l7.!i8fl7. ACP.E lRA(T tOUVEYfU rno:-1 ROIIER7 C. LMII (II MID ULANU Ml. IICYNG:..os l O GUt''.L D U.
PUOU C RECOROS OF R(AI. PROP! ltl Y OF IIAIIR IS COUtl ! Y. lEXAS, SAIO 1.4466 ACHi:S LIEltlG t\OHE l'Altf lCliLAnLY OESC:ldlllO BY COMMENCltlli at the Northwest corner of a ;! .JOO .1r.re tr.ic.t as described in a deed to Gilbert .I!. Arnold el 111, and retun.lcd In Volu:ne 3547, P.19e the fast ri9ht-of-w.iy ilf !iage Ro.ld (45.00 feet i·dde), and is the Soutlr,:e:st cori,er of .the 17-.5082 c1crn tract;
lng at the fast ri9ht-of-w.iy ilf !iage Ro.ld (45.00 feet i·dde), and is the Soutlr,:e:st cori,er of .the 17-.5082 c1crn tract; Hld.1190 Street, Silllle t,ein<j the POINT OF O(GlrlNING of the ht:rein described tract; THENCE, II 00° OJ' 00" w; along a. line parallel to the said East line c,f S.age Rl!a-l, a distant:!? of 206.84 feet to il point for corner; O. R. Winter, an~ recorded in Volume 4257, Page 103 of the said Oecd Records; 111EUC(. S 00° 15' 00" W, Jlo,;g said Ht!Sl li.ic, a C:istancc of 180.3! fr.ct pa!,!.
a SoulhweHcrly corner of thr! 6.1771 c1rre tract for a total distance of 216.65 feet tt' a point for corner in the north right-of-,~ay line of liidal(lo Street; a distl'lncc oi 67.65 fm!l t,) d point. !>i11111i l,cin!J the bc9innin9 of a curve ta the right; TIIENCE. co1Hfnufn9 .110119 the s,,i:f ri91tt-11f-way line, d c1istJnC:(' of ·,c,i.29 fret central anqle of 05" 21' l:i" to a poiut. !lame being tr1e bl?g1nning of a curve to the left;
(' of ·,c,i.29 fret central anqle of 05" 21' l:i" to a poiut. !lame being tr1e bl?g1nning of a curve to the left; TliftlCE, cont1nutng along Si1td right-of-way l lne 110.57 feet along the arc of of Q!j" ?3' 14" to a point; square feet) of land, more or less.
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IAIHH T ''D" : ~ ~ A-201 2458.46 l.~242 l l 2 A-2CI2 973.11 0.61052 l l 1 A-203 l79J.68 1.rmr; l l 2 A-20-l 1916. CE 0.97001 l . 1 2 .
BO_fl.OOR J1Hlt:p.R A--ll03 b70.92 0.8f:Oll · 1 1 2 [!ULCQB \-:il3 b70.92 0.8ffill l 1 2 ll ~LC.OB.
,-fiJl 2458,46 1.91242 1 1 2· -€()3 13i0.92 0.8fDll l 1 2 Ll.LCQR -701 2458.46 1.91242 1 1 2 • EXHIB!"'f "D" COt.'rJNUcD 9.lli...El.'XJ.B
i...El.'XJ.B :TII ELQJ.R TH FLOOR -1303 1370.92 0.8filll 1 1 2 illi.B.008 rn FLOOB ~ A . .COB 1-! FlOC'R 1702 2336.05 1.46562 l l 2 1704 lll27,01 0.89530 l 1 2 1705 'll!ll9.03 Q,g)311 1 1 2 1706 979.86 0.61476 1 1 1 IB.CIB 1801 2458.% 1.9-1242 1 1 2 l & 20TH 1WL
1706 979.86 0.61476 1 1 1 IB.CIB 1801 2458.% 1.9-1242 1 1 2 l & 20TH 1WL .901 .2458.% 1.91242 . 1 1 2 ,TOTAL 159,389.% 100.CXXXXJ CONSENT OF MORTGAGE The undersigned, CITICORP REAL ESTATE, INC., being the owner and holder of an existing 1110rtgage· and lien upon and attached and foregoing Declaration of CondominiUIII ot The Oxford, as such mortgagee and lienholder, does hereby consent to said Declaration of Condominium and the exhibits attached thereto and to the recording of same tor submission of the Property to the provisions and condominium regime of Article llOl(a) of the Texas Revised Civil Statutes. · The unde~signed hereby subordinates its mortgage lien and security interests and any and all other liens owned or held by it (in and to the Property and the condominium regime to be c=eated) to the terms and provisions of said Declaration of Condominium for The Oxfcrd and to the condominiU111 regime c=eated thereby all with the same effect and intent as if said Declara tion had been executed and recorded prior to the execution and recordation of-the mortgage and.other instruments creating said liens and security interests.
T~is consent shall not be construed or operate as a release of said mortgage or liens owned and held by the under signed, or any part thereof, but the undersigned agrees that its said mortqa~e and liens shall hereafter be upon and against each and all of the units and all appurtenances thereto, and all of
under signed, or any part thereof, but the undersigned agrees that its said mortqa~e and liens shall hereafter be upon and against each and all of the units and all appurtenances thereto, and all of o~ovisions of said Declaration-of Condominium.
~HE STATE OF TEXAS S s COUNTY OF HARRIS S CITICORP RE.AL ESTATE, INC.
a Delaware corporation / BEFORE ME, the undersigned authority, on this day perCORP REAL ESTATE, INC., a Delawariucorporation, known to me to be who acknowledqed to me that he executed the same for the purposes and conside:Qtions therein expressed, in the capacity therein s:ated, and as the act and deed ot said corporation.
ARTICLES OF INCORPORATION OF THE OXFORD COUNCIL OF CO-OWNERS We, the undersigned natural persons of the age of twenty-one years or more, at least two of whom are citizens of the State of Texas, acting herein as incorporators of a corpora
D COUNCIL OF CO-OWNERS We, the undersigned natural persons of the age of twenty-one years or more, at least two of whom are citizens of the State of Texas, acting herein as incorporators of a corpora tion under the Texas Non-Profit Corporation Act, do hereby adopt the following Articles of Incorporation for such corporation: ARTICLE I The name of the corporation is THE OXFORD COUNCIL OF CO-OWNERS.
ARTICLE II The corporation is a non-profit corporation.
ARTICLE III The period of its duration is perpetual.
ARTICLE IV PURPOSE AND POWERS OF THE CORPORATION This corporation does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for acquisition, construction, management, maintenance and care of the Council's property at THE APR Z4198| OXFORD CONDOMINIUM PROJECT on that certain tract of property described on Exhibit "A" attached hereto and made a part hereof (the "Property"), as provided for in the Condominium Declaration hereinafter described, and to promote the health, safety and welfare of the members within the above described Project and for this purposes to: (a) Exercise all of the powers and privileges and to perform all of the duties and obligations of the Council of Co-Owners ("Council") as set forth in the Condominium Act (Article 1301a, Revised Civil Statutes of Texas), and in that certain Condominium Declaration, hereinafter called the "Declaration", applicable to the Property and recorded or to be recorded in the Condo minium Records of Harris County, Texas, and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length; (b) Fix, levy, collect and enforce payment by any
ty, Texas, and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length; (b) Fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Council, including all licenses, taxes or governmental charges levied or imposed against the property of the Council; (c) Acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Council; (d) Borrow money, and with the assent of the members, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; (e) Have and to exercise any and all powers, rights and privileges which a corporation organized under the Hon-Profit Corporation Law of the State of Texas by law may now or hereafter have or exercise.
-2ARTICLE V Every person or entity who is a record Owner of a fee or undivided fee interest in any Residence Unit (as defined in the Declaration) shall be a member of the Council. The foregoing is not intended to include persons or entities who hold an inte rest merely as security for the performance of an obligation.
Membership shall be appurtenant to and may not be separated from owners of any Residence Unit which is part of the Condominium.
The word "member" shall be synonymous with the word "Owner" as defined in the Declaration.
ARTICLE VI VOTING RIGHTS Each member shall be entitled to a vote for each Resi
h is part of the Condominium.
The word "member" shall be synonymous with the word "Owner" as defined in the Declaration.
ARTICLE VI VOTING RIGHTS Each member shall be entitled to a vote for each Resi dence Unit owned by such member weighted in accordance with the Residence Unit's interest in the Common Elements as set forth in the Declaration. Cumulative voting is prohibited.
ARTICLE VII BOARD OF DIRECTORS The affairs of this corporation shall be managed by a Board of not less than three (e) persons, who shall be known as "Directors", and who shall be members of the Council (except for the initial Directors named below or their successors prior to the first annual meeting of the members). Subject to such limit-31 ation, the number of Directors shall be fixed by the Condominium Declaration and the By-Laws of the corporation and amendments thereto from time to time, except as to the number of the initial Board of Directors. No decrease in the number of Directors at any time shall affect or shorten the term of any incumbent Director.
The number of Directors constituting the initial Board of Directors of the corporation is three (3) and the names and addresses of the persons who are to serve as the initial Directors are: Name: Address: Randolph M. Henry 2425 Fountainview Suite 250 Houston, Texas 77057 Bruce M. Cameron, Jr. 2425 Fountainview Suite 250 Houston, Texas 77057 Robert G. Hester 2425 Fountainview Suite 250 Houston, Texas 77057 ARTICLE VIII BY-LAWS The initial By-Laws of the corporation shall be adopted by the Declarant of the Condominium as provided by the Declara tion and may be amended as provided for therein.
-4Christine M. Loveless Tracey Tarvin Debra Eggebrecht Suite 2300 #9 Greenway Plaza Houston, Texas 77046 Suite 2300 #9 Greenway Plaza
by the Declara tion and may be amended as provided for therein.
-4Christine M. Loveless Tracey Tarvin Debra Eggebrecht Suite 2300 #9 Greenway Plaza Houston, Texas 77046 Suite 2300 #9 Greenway Plaza Houston, Texas 77046 Suite 2300 #9 Greenway Plaza Houston, Texas 77046 IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Texas, we, the under signed, constituting the incorporators of this Association, have executed these Articles of Incorporation this jay of 1981.
T 400019-B STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on this day personally appeared CHRISTINE M. LOVELESS, TRACEY TARVIN and DEBRA EGGEBRECHT, known to me to be the persons whose names are subscribed to the foregoing instrument, who each being by me duly sworn, severally declared that they are the persons who signed the foregoing document as incorporators, and that the statements therein contained are true.
NOTARY PU3L1C IN AMD FOR THCSfATE OF TEXAS MY COMMISSION £KPif?ES AUGUST 31 1984 Notary Public in and for Harris County, Texas 400019-B U707598 10/31/00 101W6M3 CERTIFICATE OF FIRST AMENDMENT TO THE BYLAWS OF THE OXFORD COUNCIL OF CO-OWNERS U707598 (10.00 THE STATE OF TEXAjS § § COUNTY OF HARRIS § The undersignec KNOW ALL MEN BY THESE PRESENTS: , being the Declarant as set forth and described in that certain "The Oxford - Declaration of Condominium", filed for record in Volume 117, Page 66 of the Condominium Records of Harris County, Texas, and all amendments thereto as (said recorded documents and all exhibits and amendments thereto being referred to as "Declaration") does hereby certify that the following is a true and correct copy of
and all amendments thereto as (said recorded documents and all exhibits and amendments thereto being referred to as "Declaration") does hereby certify that the following is a true and correct copy of aws of The Oxford Council of Co-Owners, dated as of the date shown below, as adopted and approved by the Declarant pursuant to Article XI Section 11.4 of the Declaration: FIRST AMENDMENT TO THE BYLAWS OF THE OXFORD COUNCIL OF CO-OWNERS amendment to the By RESOLVED, entirety, and thereof: ttjiat Article II, Section 2.01 of the Bylaws be deleted in its the following Article II, Section 2.01 be substituted in lieu "2.01. Annual Meetings. The first meeting of the members of the Courcil shall be held when called by the initial Board upon ten (10) days written notice to the members. Such written notice may be given at any time but must be given not later than thirty (30) days after at least ninety-five percent (95%) of all of the Residence Units have been sold by the Declarant, a deed therefor recorded and the purchase price paid.
Thereafter, an annual meeting of the members of the Council shall be neld in the Building or at such other place as may be designaled by the Board at 8:00 o'clock p.m. on the third Thursday in January of each calendar year (or the first business day thereafter if such day is a governmental or religious holiday); provided, however, that the first annual meeting after the date of this amendment shall be held on the KS12T0963 Page 1 of 3 ) third Thursday of January 2002. At the discretion of the Board, the annual meeting of the members of the Council may be held at siich other reasonable time (not more than sixty (60) days prior to or subsequent to the aforesaid date) as may be designated (by written notice of the Board delivered to the
he Council may be held at siich other reasonable time (not more than sixty (60) days prior to or subsequent to the aforesaid date) as may be designated (by written notice of the Board delivered to the members not less than ten (10) nor more than sixty (60) days before such date fixed for said meeting."
rREOF, the undersigned has hereunto set his hand this 2000.
DECLARANT RMH/OXFORD JOINT VENTURE, a Joint Venture, acting herein by its undersigned Venturers: lakim Oxford International Development Corporation N.V., d/b/a Oxford International Development Corporation, a Netherland Antilles corporation Title: ESSg - 5 w SE FILE FOR RECORD 8:00 Al OCT 31 f2000 County Cleric. Hams (County. Texas GALLERIA CONDOMINIUM, I, LTD., a Texas limitedoartnership Bp6ce M. Cameron, Jr.
General Partner T KS12V0963 Page 2 of 3 THE STATE OF t nstrument § § 'd/b/a Oxford International Development , 2003, by International Development Corpora Corporation, a Netherlancl Antilles corporation, on behalf of said corporation in its capacity of venturer of RMH/Oxford Joint Venture, a joint vepture, Declap^nt THE STATE OF TEXAS; COUNTY OF HARRIS § § § * CONDOMINIUM, I, LTD., a Texas limited partnership in its capacity of venturer of RMH/Oxford Joint Venture, a joint venture, Declarant.
THE STATE OF TEXA£ § § COUNTY OF HARRIS Notary in and for the State of Texas MY COMMISSION EXPIRES May 7, 2002 is, instrumen PLEASE RECORD AND RETURN "X>: Richard CUievens Frank, Elmore, Lievens, Chesney & Turet
of Texas MY COMMISSION EXPIRES May 7, 2002 is, instrumen PLEASE RECORD AND RETURN "X>: Richard CUievens Frank, Elmore, Lievens, Chesney & Turet , 2030, by Bruce M. Cameron, Jr., General Partner of GALLERIA CONDOMINIUM, I, LTD., a Texas limited partnership in its capacity of venturer of RMH/Oxford Joint Venture, a joint venture, Declarant.
NotaryvPublic in and for the State of Texas f!m COMMISSION EXPIRES M3yT-2002 J THE i FIR£ REDUCTIO '8078 OF CO-OWNERS BY-LAWS F I PAGES i DESIGNATION MRGI THE STATE Of TEXAS COUNTY OF HARRIS OCT 3| ,ZO0O COUNTY CLERK HARRIS COUNTY. TEXAS THE OXFORD COUNCIL OF CO-OWNERS Front Desk Entry Policy All Parties entering through the front doors of the building must be addressed by the concierge.
All contractors, including helpers, must sign in and receive a contractor’s badge from the concierge. Contractor must surrender a photo ID to the concierge, which is returned when the badge is returned.
Contractors working for The Oxford must sign a Daily Work Report form that will be provided by Oxford that requires a description of the work and the hours logged.
Housekeepers, maids, nurses, and other domestics must sign in at the front desk. They must surrender a photo ID to be issued a key, which is returned when the key is returned.
Food and other delivery persons must also surrender a photo ID and receive a badge, in order the enter the building.
Residents must be informed of all guests upon arrival before guests can be
eturned.
Food and other delivery persons must also surrender a photo ID and receive a badge, in order the enter the building.
Residents must be informed of all guests upon arrival before guests can be allowed into the building. Residents may call down to the front desk to authorize entry of guests before they arrive.
Concierges will maintain the privacy of the residents. No information regarding a resident is to be given out without permission, even to a process server wishing to serve papers to a resident. The exceptions are Policemen, Sheriffs, Marshals & Constables. Non -residents are not to be told whether a resident resides here or is currently present on the property, without the permission of the resident.
All residents must update the “Authorized List” form that is on file.
ACKNOWLEGMENT copy of the Front Desk Entry Policy. I have been allowed the opportunity to contribute to its content, make additions, and ask questions. I hereby accept the policy as written.
Signature Date AMENDED LEASING AND OCCUPANCY POLICY for THE OXFORD COUNCIL OF C O-OWNERS, INC.
STATE OF TEXAS § § COUNTY OF HARRIS § RECITALS 1. RMH/O XFORD JOINT VENTURE, a joint venture composed of Iakin Oxfor d International Development Corporation N.V., a Netherlands Antilles corporation, and Galleria Condominium I, Ltd., a Texas Limited Partnership , a Texas limited partnership, as Declarant, caused the " The Oxford D eclaration of Condomi nium " (the "Declaration") to be recorded in Volume 117, Page 66, et seq. of the Condominium Records of Harris County, Texas, as amen ded, which instrument imposes various easements, covenants, conditions and restrictions on The Oxford Condo miniums .
117, Page 66, et seq. of the Condominium Records of Harris County, Texas, as amen ded, which instrument imposes various easements, covenants, conditions and restrictions on The Oxford Condo miniums .
2. Article IX of the Declaration provides various restrictions on leasing of Residence Unit s, including , but not limited to : (i) if an Owner is desirous of leasing his or her R esidence Unit, the Council is given and granted the right -of-first refusal to lease the Residence Unit; (ii) no Owner of a Residence Unit shall lease the same to any party without first giving the Council notice in writing of such proposed lease and giving the Council the opportunity to determine whether it will exercise its right -of-first-refusal ; (iii) if the Council desires to exercise its option to lease a Residence Unit on the same terms and cond itions, then the Board shall notify the Owner of said Residence Unit of the exercise of its option in writing by registered or ce rtified mail within fourteen (14) days from the date of receipt by the Board of the Owner ’s notice; (iv) no Residence Unit shall be leased unless the terms and provisions of such lease specifically provide that such Residence Unit may not be sublet to or be occupied by persons other than those named in the required notice; and (v) any lease shall provide that the lessee shall comply with and abide by all of the restrictions pertaining to the use of Residence Units and the Common Elements set forth in this Declaration, the By-laws, Ru les and Regulations promulgated hereunder and the laws of the State of Texas .
3. A majority of the members of The Oxford Council of Co -Owners approved an amendment to the Declarat ion, which is recorded in the Condominium Records of Harris County under
he State of Texas .
3. A majority of the members of The Oxford Council of Co -Owners approved an amendment to the Declarat ion, which is recorded in the Condominium Records of Harris County under film code 185140. Section 3.12 of the Declaration, as amended, states, “The Council, acting through its Board, may …(g) adopt and amend rules regulating the use, occupancy, leasing or sale, maintenance, repair, modificatio n, and appearance of the Residence Units and Common Elements, to the extent the regulated actions affect the Common Elements or Other Residence Units. ” 4. A majority of the members of the Board of Directors approved the adopt ion of a document titled “Rules and Regulations for Residents and Owners April 2018, ” which document is recorded in the Condominium Records of Harris County Texas under Clerk ’s file number ii RP-2018 -202618 , and contains additional restrictions concerning the leasing of Residence Units, included, but not limited to, ( i) all renting residents and landlords will be required to have a lease in effect during all periods ; (ii) all leases will be required to have a minimum term of twelve (12) mont hs; (iii) Owners that lease a Reside nce Unit for less than twelve (12) months will be subject to a $1,000.00 fine; (iii) all prospective tenants will b e requ ired to complete a residency application to be submitted to the Board of Directors along with a $250.00 non -refundable application fee ; and (i v) no lease will be valid and legally binding unless approved in writing by the Ox ford in the form of the waiver of the right -of-firstrefusal and consent to lease .
5. Section 82.102(a)(7) of the Texas Uniform Condominium Act (the "Act") authorizes the
roved in writing by the Ox ford in the form of the waiver of the right -of-firstrefusal and consent to lease .
5. Section 82.102(a)(7) of the Texas Uniform Condominium Act (the "Act") authorizes the Association's Board of Directors ("Board") to Adopt and amend rules regulating the use, occupancy, leasing or sale of Condominium Residence Unit s and General Common Elements.
6. Pursuant to the Declaration , as amended and the Act, the Board hereby adopts this Policy for the purposes of establishing and amending rules and regulations for the leasing and occupancy of Condominium Residence Unit s located within the Oxford Condominiu ms.
NOW, THEREFORE, BE IT RESOLVED THAT the Association does hereby adopt this Policy, which will be binding on all Owners and Tenants within The Oxford Condominiums . This Policy replaces any previously recorded or implemented policy relating to leasin g and occupancy in the Oxford Condominiums .
All capitalized terms used herein have the same meanings as that ascribed to them in the Declaration, unless otherwise indicated.
3 THE OXFORD COUNCIL OF CO -OWNERS, INC.
LEASING AND TENANCY RESTRICTIONS AND POLICIES I. Administration: Enforcement: Effective Date 1.1 Lease Review Requirement : No property within the Association may be leased to any individual, group or legal entity until the proposed lease is submitted by the Residence Unit Owner to the Board of Directors for review and approval. Residence Unit s which are leased within the Association without app roval under this policy are considered in violation of these policies, and the Owner of such Residence Unit will be subject to monetary and civil penalties.
1.1.1 "Lease" means any agreement between an Owner and a Tenant that establishes the terms,
n of these policies, and the Owner of such Residence Unit will be subject to monetary and civil penalties.
1.1.1 "Lease" means any agreement between an Owner and a Tenant that establishes the terms, conditions, rules, or other provisions regarding the use and occupancy of a Condominium Residence Unit . As provided supra , all Leases must be in writing. To the extent an Owner and Tenant attempt to utilize and "oral" lease, whether in attempt to bypass some or all of the provisions of these policies or not, such oral lease will be considered non -compliant, and the Owner will be subject to monetary and civil penalties.
1.1.2 "Tenant" shall be defined a person or entity who is authorized by a Lease to occupy a Residence Unit within the Association. The term Tenant shall also include any person or entity who occupies a Residence Unit whether or not that individual occupant's name is on the Lease.
1.2 Violation and Notice : Upon discovery of a violation of these policies or other governing documents by an Owner or tenan t, the Association's Managing Agent or legal counsel for the Association shall provide written notice to the Owner and/or tenant of record. Such notice shall request -the violation(s) involved be cured not more than thirty (30) days from the date of the notice, and shall advise that a fine will be imposed in accordance with Association policies unless the recipient req uests a fine review meeting with the Board of Directors. A request for review must be submitted in writing not later than thirty (30) days from the date of the violation notice sent to the Owner of record and/or tenant of the Residence Unit . Such request shall be in writing, dated, and directed to the Managing
er than thirty (30) days from the date of the violation notice sent to the Owner of record and/or tenant of the Residence Unit . Such request shall be in writing, dated, and directed to the Managing Agent. The response must state at least generally all reasons for the review. The respondent will have ten minutes to verbally present their request for review to the Board. The Board in its sole discretion has the power to waive or reduce the amount of the fine depending on the circumstances submitted. A notification of the decision(s) will be issued to the Owner within (30) thirty days of the review meeting.
1.3 Enforcement : POLICIES WILL BE ENFORCED BY THE ASSOCIATION AND/OR THE PROPERTY MANAGEMENT COMPANY ("MANAGING AGENT") OR LEGAL COUNSEL EMPLOYED BY THE ASSOCIATION.
4 1.3.1 Fines : In the event of a violation of any term or provision of this Policy, and subject to any notice requirement imposed by law, the Association may levy an initial fine of up to $1,000.00 for each violation . Any fine levied under this policy will be considered an assessment against the Condominium Residence Unit that is secured by the continuing lien on the Condominium Residence Un it. The Board is authorized, at its sole discre tion, to impose a lesser fine, or no fine at all, for a violation of this Policy. Th e fines described in this paragraph are in addition to, not in lieu of, any other remedy the Association may have to pursue a violation of this Policy and in no way estops the Association from pursuing any other legal remedy to enforce this Policy or the Association's dedicatory instruments.
1.4 Amendments : These policies are subject to amendment by a majority of the Board of Directors.
1.5 Effective Da te: These policies shall be effective from and after the date of filing.
instruments.
1.4 Amendments : These policies are subject to amendment by a majority of the Board of Directors.
1.5 Effective Da te: These policies shall be effective from and after the date of filing.
II. Leasing of Residence Unit Within the Association 2.1 Right of First Refusal : Pursuant to Article IX of the Declaration, e very owner de sirous of leasing his or her Residence Unit within the Association must comply with the following terms and provisions: (i) If an Owner is desirous of leasing his or her R esidence Unit , the Council is given and granted the right -of-first refusal to lease the Residence Unit; (ii) No Owner of a Residence Unit shall lease the same to any party without first giving the Council notice in writing of such proposed lease and giving the Council the opportunity to determine whether it will exercise its right of-first-refusal ; (iii) If the Council desires to exercise its option to lease a Residence Unit on the same terms and cond itions, then the Board shall notify the Owner of said Residence Unit of the exercise of its option in writing by registered or certified mail within fourteen (14) days from the date of receipt by the Board of the Owner ’s notice; 2.2 Required Lease P rovisions : Pursuant to Article IX of the Declaration, every lease of a Residence Unit within the Association must be in writing and shall be subject to the following terms and provisions : (i) The terms and provisions of any lease must specifically provide that such Residence Unit may not be sublet to or be occupied by persons other than those named in the required notice; and 5 (ii) any lease shall provide that the lessee shall comply with and abide by all of the restrictions pertaining to the use of Residence Units and the Common
an those named in the required notice; and 5 (ii) any lease shall provide that the lessee shall comply with and abide by all of the restrictions pertaining to the use of Residence Units and the Common Elements set forth in this Declaration, the By -laws, Ru les and Regulations promulgated hereunder and the laws of the State of Texas .
2.3 Prohibition of Short -Term Rentals: 2.3.1 All leases will be required to have a minimum term of twelve (1 2) months.
2.3.2 No lease shall be for hotel or transient purposes.
2.3.3 Utilization of any Residence Unit within the Association for "short -term rental" services such as AirBnB, VRBO and the like will be considered a lea se for hotel or transient purposes, and all such rentals are expressly prohibited.
2.4 Lease Notice; Prior Approval of Lease Required : 2.4.1 No Residence Unit within the Association may be leased unless and until the Board of Directors has received the Acknowledgement attached as Exhibit "A", signed by all Owners and potential tenants and has approved the lease in writing.1 At least twenty (20) days prior to the intended effective date of any tenancy, the Board of Directors or Managing Agent shall be provided with: (1) a notice of intent to lease, including a "Contact Information Statement" setting forth the names(s), forwarding address(es) and business and Residence Unit telephone numbers of the lessor(s) and the name and relationship to lessor(s) of all persons 18 years of age and older who will actually occupy the leased Residence Unit; and (2) a copy of the proposed lease to be utilized.
2.4.2 All prospective tenants will be required to complete a residency application. This applicatio n should be submitted along with a two hundred fifty dollar ($250 .00) non -
lease to be utilized.
2.4.2 All prospective tenants will be required to complete a residency application. This applicatio n should be submitted along with a two hundred fifty dollar ($250 .00) non refundable application fee to the Oxford for review.
2.4.3 The Owner is responsible for ensuring that all residents/occupants of each Residence Unit comply with all requirements of this policy. Failure by the Owner to comply with this policy will subject the Owner to fines as provided for in these rules.
2.4.4 The Board of Directors shall either approve or disapprove the proposed lease within fourteen (14) business days after receipt of the notice of intent to lease, including the Contact Information Statement, signed Acknowledgement and lease. Approval may be 1 No Owner is required to provide any documents or information in violation of any State or Federal laws. All Owner s are responsible for redacting any confidential or protected information contained in the submitted lease.
6 conditional upon use and executio n of a particular lease form or lease addendum(s), or such other reasonable conditions which may be required by the Board of Directors.
2.5 Lease Review Criteria : 2.5.1 The Board of Directors may consider the following criteria in determining whe ther to approve or disapprove a proposed lease.
(1) Whether the lease or any provisions thereof violate any of the governing documents of the Association; (2) Whether the lease or any provisions thereof violate any State or Federal laws; (3) Whether the lease provides that compliance with the Association governing documents is mandatory, and provides for enforcement by the Association; (4) Whether the lease provides the Association with the right to pursue corrective
at compliance with the Association governing documents is mandatory, and provides for enforcement by the Association; (4) Whether the lease provides the Association with the right to pursue corrective action with the tenant, including eviction of t he tenant from the premises for breach of the Association's governing documents.
(5) Whether the potential occupants or tenants meet the criteria in Section III and IV of this policy.
2.5.2 The Association shall not gather, consider, request or collect any informa tion on the following subjects: (1) Age (2) Color (3) Familial Status (4) Gender (5) Gender Identity (6) Marital Status (7) National Origin (8) Sexual Orientation (9) Physical Or Mental Disability (10) Race (11) Religion 2.6 Sub-Leasing Prohibited : Sub-leasing of Residence Unit s, in whole or in part, whether disclosed or undisclosed, is prohibited.
III. Occupancy of Residence Unit 7 3.1 Number of Occupants : No more than two (2) persons eighteen (18) years of age or older may occupy any Residence Unit for each bedroom within the Residence Unit . (e.g. 3 bedroom Residence Unit has a maximum occupan cy of six adults).
3.2 Nuisance or Illegal Activity : No Residence Unit shall be used or occupied in such a manner as to obstruct or interfere with the enjoyment or safety of occupants of neighboring Residence Unit s, nor shall any nuisance or illegal activity be committed or perm itted to occur in or on any Residence Unit or within any portion of the Association.
3.3 Commercial Use Prohibited : The Residence Unit s shall be used only for single family residential purposes, as private Residence Unit s, and no commercial use shall be made of the same, or any portion thereof, including used car sales, day care or any other commercial activities.
mily residential purposes, as private Residence Unit s, and no commercial use shall be made of the same, or any portion thereof, including used car sales, day care or any other commercial activities.
3.4 Background Checks Required : Along with their Notice of Intent to Lease and Contact Information Statement, all landlord / Owners must submit to the Association the results of a background check performed for each potential tenant aged 18 years or older. The background check must include information on (1) criminal record; (2) sex offender status; (3) evictions, liens and bankruptcies.
IV. Occupancy Restrictions 4.1 Certain Potenti al Tenants and Non -Owner Occupants Excluded : No Owner of any Residence Unit may rent, lease, or allow occupancy or residency of their Residence Unit by any non -Owner who meets any of the following criteria:2 (1) Person(s) who have ever been convicted of any offense enumerated within Tex.
Code. Crim. Proc. Article 42.12 § 3g; (2) Person(s) who have been convicted of any felony offense within the last five (5) years; (3) Person(s) who have been convicted of any (misdemeanor or felony) drug -related offense (including possessi on), within the last three (3) years; (4) Person(s) who have been convicted of any (misdemeanor or felony) violent offense (including domestic assault), within the last five (5) years; (5) Person(s) who have been convicted of any misdemeanor or felony offense in volving violence to property within the last three (3) years; (6) Person(s) who have ever been convicted of prostitution; 2 If more than one time period applies, use the longest applicable time period.
8 (7) Person(s) who have ever been convicted of methamphetamine production; (8) Person(s) who have ever been convicted of arson;
than one time period applies, use the longest applicable time period.
8 (7) Person(s) who have ever been convicted of methamphetamine production; (8) Person(s) who have ever been convicted of arson; (9) Person(s) who a re or have ever been listed on any State or Federal Sex Offender Registry; (10) Person(s) who have been convicted of any misdemeanor or felony which in the opinion of the Board of Directors of the Association threatens the health, safety, and right to peaceful enjoyment of the property by other residents; (11) Person(s) who have been previously evicted from any Residence Unit or lot within this Association; 4.2 The Association reserves the right to perform its own background check on any and all potential tenants by use of a commercial agency. However any such background check is for the benefit of the Association only. The results of the background check, if any, are not for the benefit of anyone other than the Association, and may not be relied upon or treated as any manner of guarantee, promise, or contract. The Association is not required to release the results of any background check.
4.3 The Association reserves the right to seek eviction of any tenant or non -Owner occupant within the Association who does not meet the criter ia set forth in these policies, or who has violated the governing documents of the Association. All fees and costs associated with any such eviction will be assessed against the property Owner's account.
9 Adopted by vote of the Board of The Oxford Council of Co -Owners , Inc. at a meeting held THE OXFORD COUNCIL OF CO -OWNERS, INC.
THE OXFORD COUNCIL OF CO -OWNERS, INC.
10 STATE OF TEXAS § ACKNOWLEDGMENT COUNTY OF HARRIS § behalf of said Association.
Notary Public in and for the State of Texas STATE OF TEXAS § ACKNOWLEDGMENT COUNTY OF HARRIS § behalf of said Association.
Notary Public in and for the State of Texas STATE OF TEXAS § ACKNOWLEDGMENT COUNTY OF HARRIS § behalf of said Association.
Notary Public in and for the State of Texas 11 STATE OF TEXAS § ACKNOWLEDGMENT COUNTY OF HARRIS §
Notary Public in and for the State of Texas 11 STATE OF TEXAS § ACKNOWLEDGMENT COUNTY OF HARRIS § Inc. on behalf of said Association.
Notary Public in and for the State of Texas STATE OF TEXAS § ACKNOWLEDGMENT COUNTY OF HARRIS § behalf of said Association.
Notary Public in and for the State of Texas Return After filing to: LAMBRIGHT ✯ MCKEE 940 Corbindale Rd.
Houston, Texas 77024 12 EXHIBIT "A" ACKNOWLEDGMENT OF OWNER / TENANT Owner Responsibility and Accountability Owners are completely and solely responsible and accountable for informing and educating themselves, family members, tenants, lessees, guests, individual property managers/realtors, employees and any other representatives or parties with all policies and a ll items contained in the Association's governing documents. Each Owner is responsible for their tenants, and any guests or visitors to the Residence Unit . Each Owner and tenant is responsible for their guests or visitors to the Residence Unit . Owners and tenants are jointly and severally responsible for fines for non compliance, and for payment of compliance costs (including attorney's fees) any other costs which are assessed against the Owner's account in accordance with these policies or other governing documents. All membe rs of the Association
pliance costs (including attorney's fees) any other costs which are assessed against the Owner's account in accordance with these policies or other governing documents. All membe rs of the Association and their tenants, guests, licensees and invitees are required to adhere to the Association's governing documents.
Acknowledgment of the " No Tolerance Policy" Except in case of an emergency, Owners and tenants will be given written notice of violations and notice of any fines regarding same, and will be requested to voluntarily cure the violations. Owners and tenants may submit a written request to meet with the Board within thirty (30) days of receiving the violation notice to chal lenge the notice of fine.
If a violation is not cured in accordance with the notice(s), the property manager will send the attorney for the Association a request to take enforcement action. Legal action to correct the violation will include certified and uncertified demand letters with a grace period where applicable. The filing of an injunction lawsuit may follow. A thirty (30) day grace period will be allowed to pay all fines. Unpaid fines may be turned over to the Association's Attorney for legal collect ion. In addition to fines, violating Owners and tenants are responsible for payment of all compliance costs, including attorney's fees, incurred regarding violations which in many cases will approach, and in some cases will substantially exceed $3,500.00.
Acknowledgment of the Policies All Owners and tenants must sign a copy of this acknowledgment form regarding the policies and return the signed copy to the Association management company. Failure to submit the signed form will result in a $75.00 per week fine
ign a copy of this acknowledgment form regarding the policies and return the signed copy to the Association management company. Failure to submit the signed form will result in a $75.00 per week fine until such form is tendered to the Association, fully executed. A signed Acknowledgement must be submitted to the Association's management company no later than one week prior to the date of purchase of a Residence Unit within the association, or one week prio r to the start date of a lease. A Lease must also be submitted for approval during the same period. Current Owners and tenants will have until , to submit their signed Acknowledgment and Lease to the management company. Failure to sign this Acknowled gement does not preclude enforcement of these policies against any Owner or tenant.
(address). I (whether one or more) have received a copy of The O xford Council of Co Owners , Inc.'s Leasing and Tenant Restrictions and Policies, Condominium Declarations, and Rules & Regulations. I have read and understand my responsibility and accountability. I acknowledge that I am required to adhere to these policies and all of the Association's other governing documents, and that I may be fined or evicted for any violations.
Signature: Signed: / / Signature: Signed: / / (Co-Owner or Co -Tenant, as applicable)