COVENANTS & WOODS ADDITION, TO THE CITY OF WACO RESTRICTIONS: Filed March 29, 1976 Recorded in McLennan County Deed Records, Vol. 1221, Pg. 26.
Acknowledged in form by Melvin L. Thurman, President of P.S.A., Inc.
a corporation, and in the capacity therein stated, on March 26, 1976, before Linda Clanton, Notary Public, McLennan County, Texas.
DECLARATION OF COVENANTS AND RESTRICTIONS for THE WOODS ADDITION to the City of Waco, McLennan County, Texas.
THIS DECLARATION, made this 18 day of March, 1976 by P.S.A., Inc., hereinafter called Developer.
WITNESSETH: WHEREAS, Developer is the owner of the real property ecribed in Article II of this declaration and desires to create -thereon a residential community with permanent parks, playgrounds, open spaces and other common facilities for the benefit of the said community; and WHEREAS, Developer desires to provide for the preserva tion of the values and amenities in said community and for the maintenance of said parks, playgrounds, open spaces and other common facilities; and to this end, desires to subject the real property described in Article II together with such additions as may hereaftcr be made thereto (as provided in Article II) to the covenants, restrictions, easements, charges and liens, herein after set forth, each and all of which is and are for the benefit of said property and each owner thereof; and WHEREAS, Developer has deemed it desirable, for the efficient preservation of the values and amenities in said community, to create an agency to which should be delegated and assigned the powers of maintaining and administering the com munity properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and
dministering the com munity properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Developer has incorporated under the laws of the state of Texas, as a non-profit corporation, The Woods I ~ome Owners' Association for the purpose of exercising the ,,--,,-unctions aforesaid; NOW THEREFORE, the Developer declares that the real property described in Article II, and such additions thereto as may hereafter be made pursuant to Article II hereof, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") hereinafter set forth.
ARTICLE I DEFINITIONS Section 1. The following words when used in this Declaration or any Supplmental Declaration (unless the context shall prohibit) shall have the following meanings: (a) "Association" shall mean and refer to The Woods Home OwnersT Association.
(b) "The Properties" shall mean and refer to all such existing properties, and additions thereto, as are subject to this Declaration of any Supplemental Declaration under the pro visions of Article II, hereof (£) "Common Properties" shall mean and refer to those areas of land so shown on any recorded subdivision plat of The Properties and intended to be devoted to the common use and enjoyment of the owners of The Properties.
(d) "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of The Properties with the exception of Common Properties as heretofore defined.
(.§.) "Living unit" shall mean and refer to any portion of a building situated upon The Properties designed and intended
f The Properties with the exception of Common Properties as heretofore defined.
(.§.) "Living unit" shall mean and refer to any portion of a building situated upon The Properties designed and intended for use and occupancy as a residence by a single family.
(f) "Multifamily Structure" shall mean and refer to any building containing two or more Living Units under one roof except when each such living unit is situated upon its own individual Lot.
(.9:) "Owner" shall mean and refer to the record owner, whether one (1) or more persons or entities, of the fee simple title to any Lot or Living Unit situated upon The Properties but, not withstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
(h) "Member" shall mean and refer to all those Owners who are members of the Association as provided in Article IV, Section I, hereof.
ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION: ADDITIONS THERETO Section 1. EXISTING PROPERTY. The real property which is, and shall be, held, transferred, sold, conveyed, and occupied subject to this Declaration is located in the State of Texas, County of .McLennan, and is more particularly described as follows: 2 Fieldnotes for a survey of (.70 acres of land out of the J. M.
tephens Survey in McLennan County, Texas and being a part of the E. C. Brannon 90 acre tract, deed recorded in Vol. 362, Page 482 of the McLennan County, Texas Deed Records.
Beginning at a concrete monument in the North line of Lake Shore Drive at its intersection with the west line of a road easement given to the united States of America by easement recorded in Vol. 941, Page 145 of said deed records.
t in the North line of Lake Shore Drive at its intersection with the west line of a road easement given to the united States of America by easement recorded in Vol. 941, Page 145 of said deed records.
Thence: N 45 26' W 223.99 feet along the west line of said road easement to a concrete monument at the beginning of a curve to the left.
Thence: Around said curve to the left, radius 490.87 feet, chord bears N 59 27' W 237.87 feet and with the west line of said easement a distance of 240.17 feet to a concrete monument at the end of said curve.
Thence: N 73 28' W 538.03 feet along the West line of said easement to an iron stake.
Thence: N 16 32' E 531.38 feet along the West line of said ease ment to an iron stake for corner.
Thence: S 73 28' E 50 feet to an iron stake in the East line of Thence: mhence: .hence: Thence: Thence: Thence: Thence: said easement.
In a Northeasterly direction around a curve to the left, the East line of said easement, radius equals 597.96 feet, and chord bears N 15 35'38" E 19.92 feet, a distance of 19.62 feet to an iron stake.
S 75 20'48" E 70 feet to an iron stake.
In a Southwesterly direction around a curve to the right, radius equals 667.96 feet and chord bears S 15 35'35" W" 21.92 feet, a distance of 21.92 feet to an iron stake.
S 73 28' E 160 feet, N 16 32' E 100 feet, S 73 28' E 100 feet, N 16 32' E 150 feet, S 73 28' E 165 feet, S 16 32' W 75 feet, S 73 28' E 90 feet, S 16 32' W 424.88 feet and S 30 52'37" W 230.12" feet to an iron stake in the East line of said road easement.
In a Southeasterly direction around a curve to the right, the East line of said easement, radius equals 550.87 feet and chord bears S 57 22'12" E 227.87 feet, a distance of 229.53 feet to a concrete monument at the end of said curve to the right.
the right, the East line of said easement, radius equals 550.87 feet and chord bears S 57 22'12" E 227.87 feet, a distance of 229.53 feet to a concrete monument at the end of said curve to the right.
S 45 26' E 223.97 feet along the East line of said ease ment to a concrete monument at its intersection with the North line of Lake Shore Drive.
S 44 33' W 60 feet along the North line of Lake Shore Drive to the Place of beginning.
3 all of which real property shall hereinafter be referred to as "Existing Property".
Section 2. ADDITIONS TO EXISTING PROPERTY. Additional lands may become subject to this Declaration in the following manner: (a) ADDITIONS IN ACCORDANCE WITH A GENERAL PLAN OF DEVELOPMENT~ The Developer, its successors and assigns, shall have the right to bring within the scheme of this Declaration addi tional properties in future states of the Development, provided that such additions are in accord with a General Plan of Develop ment prepared prior to the sale of any Lot and made known to every purchaser (which may be done by brochure delivered to each purchaser) prior to such sale.
Such General Plan of Development shall show the pro posed additions to the Existing Property and contain: (1) a general indication of size and location of additional development states and proposed land uses in each; -(2) the approximate size and location of common properties proposed for each stagei (3) the general nature of proposed common facilities and improvements; and (4) a statement that the proposed additions, if made, will become subject to assessment for their just share of Association expenses. Unless otherwise stated therein, such General Plan shall not bind the Developer, its successors and assigns, to make the
will become subject to assessment for their just share of Association expenses. Unless otherwise stated therein, such General Plan shall not bind the Developer, its successors and assigns, to make the proposed additions or to adhere to the Plan in any subsequent development of the land shown thereon and the General Plan shall contain a statement to this effect.
The additions authorized under this and the succeeding subsection, shall be made by filing of record a Supplementary Declaration of Covenants and Restrictions with respect to the additional property which shall extend the scheme of the covenants and restrictions of this Declaration to such property. .
Such Supplementary Declaration may contain such com plementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different charater, if any, of the added pro peties and as are not inconsistent with the scheme of this Declaration. In no event, however, shall such Supplmentary Declaration revoke, modify or add to the covenants established by this Declaration within the Existing Property.
(b) OTHER ADDITIONS. Upon approval in writing of the Association-pursuant to a vote of its members as provided herein, the owner of any property who desires to add it to the scheme of 4 this Declaration and to subject it to the jurisdiction of the Association, may file or record a Supplementary Declaration of Covenants and Restrictions, as described in subsection (a) hereof.
(£) Mergers. Upon a merger or consolidation of the Association with another association as provided herein, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association
idation of the Association with another association as provided herein, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the association as surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants and restrictions established by this Declaration within the Existing Property together with the cov enants and restrictions· established upon any other properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration withing the Existing Property except as hereinafter provided.
(d) Approval of the "other additions", as set forth in (b) above, and "mergers" as·set forth in (c) above, will equire the affirmative vote of two-thirds (2/3) of the votes of each class of members voting in person or by proxy in a meeting called for this purpose, notice of which shall be given at least fifteen (15) days in advance of such meeting.
ARTICLE III POWERS IN DEVELOPER Temporary Administration. Until such times as Developer has sold and conveyed sixty-five per cent (65%) of the total.
area of the properties, as hereinabove defined and described, or the expiration of sixty (60) months after the date this declaration is filed for record, whichever occurs first, Developer shall have the right, but shall not have the duty, to act as the sole administrator for the government and adminis tration of the affairs of the Association, and during such period of Temporary Administration Developer shall have the
t have the duty, to act as the sole administrator for the government and adminis tration of the affairs of the Association, and during such period of Temporary Administration Developer shall have the right to exclusively exercise and perform all of the right, powers, authority, functions and duties of the Association if Developer shall elect to exercise or perform all or any of the same.
5 ARTICLE IV MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any Lot or Living Unit which is subject by covenants of record to assessment by the Association shall be a member of the Association, provided that any such person or entity who holds such interest merely as a security for the performance of any obligation shall not be a member.
Section 2. Voting Rights. The Association shall have two (2) classes of voting membership: Class A. Class A members shall be all those owners as defined in Section 1 with the exception of the Developer. Class A members shall be entitiled to one (1) vote for each lot or Living Unit in which they hold the interests required for member ship by Section 1. When more than one (1) person holds such interest or interests in any Lot or Living Unit all such persons shall be members, and the vote for such Lot or Living unit shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any such Lot or Living Unit.
Class B. Class B members shall be the Developer. The Class B member shall be entitled to three (3) votes for each Lot in which he holds the interest required for membership by Section 1 and for every Living Unit in any Multifamily Structure
veloper. The Class B member shall be entitled to three (3) votes for each Lot in which he holds the interest required for membership by Section 1 and for every Living Unit in any Multifamily Structure owned by him until such Unit is first sold or leased, provided that the Class B membership shall cease and become converted to Class A membership on the happening of any of the following events, whichever occurs earlier, but neither of the following shall effect the provisions of Article III herof.
(a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or (b) on March 18, 1985 From and after the happening of these events, whichever occurs earlier, the Class B member shall be deemed to be a Class A member entitled to one (1) vote for each Lot or Living Unit in which he holds the interests required for membership under Section 1.
For purposes of determining the votes allowed under this Section, when Living Units are counted, the Lot or Lots upon which such Living Units are situated shall not be counted.
6 section 3. Members Meeting.
(~) There shall be an annual meeting of the members of the association. The first annual meeting will be held on the first Tuesday in April, 1977, and developer will notify all members at least one (1) week in advance of the exact time and place. Subsequent annual meetings will be determined by the Board of Directors, and provided for in the by-laws.
(b) The initial Board of Directors shall serve until said annual-meeting, at which time a new Board will be elected by majority vote of members voting. The Board of Directors shall consist of at least (3) persons, and not more than nine (9), as will be determined by members voting at the first annual
ill be elected by majority vote of members voting. The Board of Directors shall consist of at least (3) persons, and not more than nine (9), as will be determined by members voting at the first annual meeting, and subsequently, as will be provided in the by-laws.
(c) The Board of Directors shall be responsible for the affairs of the Association and shall adopt such By-Laws and regulations as necessary to carry out its functions, but cannot adopt By-laws or regulations which are contrary to provisions as set out herein.
ARTICLE V PROPERTY RIGHTS IN THE COMMON PROPERTIES Section 1. Members' Easements of Enjoyment. Subject to the provisions of Section 5 of this Article, every member shall have a right and easement of enjoyment in and to the Common Properties and such easement shall be appurtenant to and shall pass with the title to every Lot or Living unit.
This applies to both existing and additional lands, in that all the Common property is for the use of all members, when and if said land is developed in accordance with the provisions contained herein.
Section 2. Title to Common Properties. The Developer may retain the legal title to the Common Properties until such time as he has completed improvements thereon and until such time as, in the opinion of the Developer, the Association is able to maintain the same, but notwithstanding any provision herein, the Developer hereby covenants for himself, its successors and assigns, that he shall convey the Common Properties to the Association not later than March 18, 1985.
Section 3. Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be subject to the following: (a) the right of the Developer and of the Association, in accordance with its Articles and By-Laws, to borrow money for
hts and easements of enjoyment created hereby shall be subject to the following: (a) the right of the Developer and of the Association, in accordance with its Articles and By-Laws, to borrow money for Che purpose of improving the Common Properties and in aid thereof 7 to mortgage said properties. In the event of a default upon any such mortgage the lender shall have a right, after taking possession of such properties, to charge admission and other fees as a condition to continued enjoyment of such properties to a wider public until the mortgage debt is satisfied whereupon the possession of such properties shall be returned to the Association and all rights of the Members hereunder shall be fully restored; and (b) the right of the Association to take such steps as are reasonable necessary to protect the above-described properties against foreclosure; and (c) the right of the Association, as provided in its Article and-By-Iaws, to suspend the enjoyment rights of any member for any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations; and (d) the right of the Association to charge reasonable admission and other fees for the use of the Common Properties; and (e) the right of the Association to dedicate or transfer all or any part of the Common Properties to any public agency, authority, or utility for such purposes and subject to such con ditions as may be agreed to by the members, provided that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by members entitled to cast two-thirds (2/3) of the votes of each class of membership has been recorded, agreeing to such
r as to the conditions thereof, shall be effective unless an instrument signed by members entitled to cast two-thirds (2/3) of the votes of each class of membership has been recorded, agreeing to such dedication, transfer, purpose or condition, and unless written notice of the proposed agreement and action thereunder is sent to every member at least ninety (90) days in advance of any action taken.
ARTICLE VI COVENA~T FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Developer for each Lot and Living Unit owned by him within The Properties hereby covenants and each Owner of any Lot or Living Unit by acceptance of a deed therefor, whether.
or not it shall be so expressed in any such deed or other con veyance, shall be deemed to covenant and agree to pay to the Association: (1) monthly assessments or charges; (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The monthly and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made.
8 Each such assessment, together with such interest thereon and cost of collection therof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due.
section 2. Purpose of Assessments. The assessments levied by the Association shall be used exlusively for the purpose of promoting the recreation, health, safety, and welfare of the residents in the Properties and in particular for the improvement
nts levied by the Association shall be used exlusively for the purpose of promoting the recreation, health, safety, and welfare of the residents in the Properties and in particular for the improvement and maintenance of properties, services, and facilities devoted to this purpose and related to the use and enjoyment of the Common Properties and of the homes situated upon The Properties, including, but not limited to, the payment of taxes and insurance thereon and repair, replacement, and additions thereto, and for the cost of labor, equipment, materials, management and supervision thereof.
section 3. Basis and Maximum of Monthly Assessments.
Until the year beginning January 1,1977, the maximum monthly assessments on each Lot belonging to a member other than Developer, shall be twenty-five and no/100 dollars ($25.00), beginning on the first day of the month following the date of urchase, or June 1, 1976 whichever is later.
(a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum monthly assessment may be increased each year not more than five per cent (5%) above the maximum assessment for the previous year without a vote of the membership.
(b) From and after January·1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above five per cent (5%) by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose.
(c) The Board of Directors of the Association may, after consideration of current maintenance costs and further needs of the Association, fix the actual assessment for any period year at a lesser amount.
For the purpose of figuring the amount of assessment,
consideration of current maintenance costs and further needs of the Association, fix the actual assessment for any period year at a lesser amount.
For the purpose of figuring the amount of assessment, where a single family residential unit is constructed on more than one lot, or more than one lot is being prepared for such construction (as lot is shown by recorded plat), then and in that event, such unit shall be, for the purpose of assessment, considered as one lot, and the owner of such unit shall not be entitled to more than one vote.
9 section 4. Special Assessments for Capital Improvements.
In Addition to the monthly assessments authorized by Section 3 thereof, the Association may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Properties, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members at least fifteen (15) days in advance and shall set forth the purpose of the meeting.
Section 5. Quorum for Any Action Authorized Under Section 4. The quorum required for any action authorized by Section 4 hereof shall be as follows: At the first meeting called, as provided in Section 4, the presence at the meeting of members, or of proxies, entitled to cast sixty (60) percent of all the votes of each class of membership shall constitute a quorum. If
called, as provided in Section 4, the presence at the meeting of members, or of proxies, entitled to cast sixty (60) percent of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Section 4, and the required quorum at any such sub sequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Section 6. Date of Commencement of Special Assessment.
The due date of any special assessment under Section 4 hereof shall be fixed in the resolution authorizing such assessment.
Section 7. Duties of the Board of Directors. The Association shall upon demand at any time furnish to any Owner liable for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.
Section 8. Effect of Non-Payment of Assessment; The Personal Obligation of the Owner; The Lien; Remedies of Association. If the assessments are not paid on the date when due (being the dates specified in Section 3 hereof), then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the property which shall bind such property in the hands of the then Owner, his heirs, devisees, 10 personal representatives and assigns. The personal obligation of the then Owner to pay such assessment, however, shall remain
bind such property in the hands of the then Owner, his heirs, devisees, 10 personal representatives and assigns. The personal obligation of the then Owner to pay such assessment, however, shall remain his personal obligation for the statutory period and shall not pass to his successors in title unless expressly assumed by them. If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of ten (10) percent per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or to foreclose the lien against the property, and there shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include interest of the assessment as above provided and a reasonable attorney's fee to be fixed ty the Court together with the costs of the action.
section 9. Subordination of the Lien to Mortgages.
The lien of the assessments provided for herein shall be sub ordinate to the lien of any mortgage or mortgages now or herein after placed upon The Properties subject to assessment; provided, however, that such subordination shall apply only to the assess ments which have become due and payable prior to a sale or ransfer of such property pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment.
section 10. Exempt Property. The following property subject to this Declaration shall be exempted from the assess ments, charge and lien created herein:
om the lien of any such subsequent assessment.
section 10. Exempt Property. The following property subject to this Declaration shall be exempted from the assess ments, charge and lien created herein: (~) all properties to the extent of any easement or other interest therin dedicated and accepted by the local public authority and devoted to public use; (b) all Common Properties as defined in Article I, section 1, hereof; (£) all properties exempted from taxation by the laws of the State of Texas upon the terms and to the extent of such legal exemption.
Notwithstanding any provisions herein, no land or improvements devoted to dwelling use shall be exempt from said assessments, charges or liens.
ARTICLE VII MAINTENANCE BY AND SERVICES OF THE ASSOCIATION Section 1. Common Area. The Association shall main ~ain the lands and improvements of all Common Areas as provided in _his Declaration. 11 Section 2. Easement. The Association is hereby granted an easement of use and right of way on all Lots in order to comply with the terms of this Article and entry on a Lot for such purpose shall not be deemed trespass.
Section 3. Willful or Negligent Acts. In the event that the need for maintenance or repair is caused through the willful or negligent act of any Owner, his family, guests or invitees, the Association shall add cost of such maintenance or repairs, as a Special Assessment, to the normal Assessment of such Owner.
ARTICLE VIII PARTY WALLS Section 1. General Rules of Law to APply. Each wall which is built as part of the original construction of the homes upon The Properties and placed on the dividing line between the Lots shall constitute a party wall, and to the extent not in consistent with the provisions of this Article, the general
n of the homes upon The Properties and placed on the dividing line between the Lots shall constitute a party wall, and to the extent not in consistent with the provisions of this Article, the general rules of the law regarding party walls and of liability for property damage due to negligent or willful facts or omissions shall apply thereto.
Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use.
Section 3. Destruction by Fire or Other Casualty.
If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions.
section 4. Weatherproofing. Notwithstanding any other provision of this Article an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection agains such elements.
Section 5. Right to Contribution Runs with Land.
The right of any Owner to contribution from any other Owner . under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title.
12 section 6. Arbitration. In the event of any .ispute arising concerning a party wall, or under the pro visions of this Article, each party shall choose one (1) arbitrator, and such arbitrators shall choose one (1) add tional arbitrator, and the decision of a majority of all the
wall, or under the pro visions of this Article, each party shall choose one (1) arbitrator, and such arbitrators shall choose one (1) add tional arbitrator, and the decision of a majority of all the arbitrators shall be final and conclusive of the question involved.
ARTICLE IX ARCHITECTURAL CONTROL COMMITTEE section 1. Review by Committee. No building, fence, wall or other structure shall be commenced, erected or main tained upon The Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatvies appointed by the Board. In the event said Board, or its designated committee, fail to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, or in any event, if no suit to enjoin the addition, alteration or change has been commenced prior to -'he completion thereof, approval will not be required and this .• rticle will be deemed to have been fully complied with.
ARTICLE X ADDITIONAL COVENANTS AND RESTRICTIONS Section 1. Covenants and Restrictions on Lots.
(a) Land Use: Except as herein noted, no lot shall be used for anything other than single family residential purposes. No business or other non-residential activity shall be conducted on any Lot, except developer or builder may main tain a model home and sales office.
(£) Signs: No sign of any kind shall be displayed,
o business or other non-residential activity shall be conducted on any Lot, except developer or builder may main tain a model home and sales office.
(£) Signs: No sign of any kind shall be displayed, erected, or maintained on any Lot or Common Properties except one (1) sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales, or signs used by Developer in connection with the development of The Woods Addition. (£) Animals: No animals, livestock, or poultry of any kind shall be bred, raised, or kept on any Lot or Common Properties, except dogs, cats, or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose.
13 (d) No lot or any part thereof shall be used for illegal or immoral purposes.
(~) Other Buildings: No house trailer, truck body, basement, tent, shack, garage, barn, or other outbuilding shall at any time be used as a residence, nor shall any residence of any temporary character be permitted.
(f) Old Buildings: No structure shall be moved onto any residential lot.
(~) Rentals: Renting to roomers or to a second family occupying the Lot is prohibited.
(h) Antennae: No television or radio antennae shall be erected or maintained at the front of any dwelling nor shall they be placed upon the roof of any dwelling so as to stand or be supported by that portion of the roof which slopes toward the front Lot line. No radio, aerial wires, nor guy wires for antennae shall be maintained on any portion of a lot forward of the front building line of said lot. No radio signals, televsion signals, or any other form of electromagnetic radiation shall originate from any Lot which may unreasonably
portion of a lot forward of the front building line of said lot. No radio signals, televsion signals, or any other form of electromagnetic radiation shall originate from any Lot which may unreasonably interfere with the reception of television or radio signals of any other Lot. (i) Yards: All yards of a dwelling shall be maintained so as to be an aesthetical asset to the dwelling.
(i) Maintenance of Lots: No owner of any Lot, either vacant or improved, shall be permitted to let such Lot go unmaintained, and no weeds or grass shall be permitted upon any Lot in excess of twelve (12) inches in height.
(k) Easements: The use of easements as shown on the plat is granted to the City of Waco and the various utility companies franchised in the City of Waco for the purpose of drainage; the location of sanitary and storm sewer lines; the location of gas, water, electrical and telephone lines and conduits, and the maintenance thereof.
(l) storage of Materials: No building material of any kind or character shall be placed or stored upon any resi dential Lot until the Owner is ready to commence improvements, and then such material shall be placed within the property line.
No stumps, trees, underbrush, or any refuse of any kind, or scrap metal from the improvements being erected on any Lot shall be placed on any adjoining lots, streets or easements. All such material, if not disposed of immediately, must remain on the property upon which construction work is in progress, and at the completion of such improvements, such material must be immediately removed from the property.
(~) Mining: No quarrying or mining operations or mineral extractions of any kind shall be permitted upon or in any Lot, nor shall any type of wells, tanks, tunnels, mineral
removed from the property.
(~) Mining: No quarrying or mining operations or mineral extractions of any kind shall be permitted upon or in any Lot, nor shall any type of wells, tanks, tunnels, mineral excavations, or shafts be permitted upon or in any lot. No derrick or other structure designed for drilling shall be erected, 14 maintained, or permitted upon any lot.
(~) Garbage Cans: No garbage cans or refuse containers shall be placed or permitted to remain at the front of a dwelling either within the street or upon the lot or on common area, except upon those days scheduled for garbage and refuse collection by the City of Waco or a privately contracted collector. Sub-surface garbage containers shall be permitted if approved by the Architectural Control Committee. Except on days for collection as set out above, said cans or containers will be kept in a place that is not subject to public view.
(2) Trailers, Boats and Motor Vehicles. No mobile home, trailer of any kind, truck, truck camper, permanent tent or similiar structure, boat or inoperable motor vehicle of public view nor can they be kept upon the Common Property, or any dedicated street within The Properties. In addition no motor vehicle of any type, whether operable or inoperable, may be constructed, reconstructed, repaired or stored upon a lot unless it is concealed from public view nor can they be constructed, reconstructed, repaired or stored upon the Common Property, or any dedicated street within The Properties.
(E) Garages: No garage may be used by other than the Owner of a lot on which the garage is situated or his family or bona fide guests and all garage doors shall be closed at all times except as may be necessary for entry and exit of
ed by other than the Owner of a lot on which the garage is situated or his family or bona fide guests and all garage doors shall be closed at all times except as may be necessary for entry and exit of vehicles and persons.
ARTICLE XI GENERAL OBLIGATIONS OF OWNER Section 1. Complaints by Owner. If any Owner believes any other Owner is in violation of this Declaration, he may so notify such Owner in writing, explaining his reasons for such complaint. .
If the Owner fails to remedy the alleged violation in ten (10) days after delivery of such notice, a complaint may be transmitted in writing to the Chairman of the Board of Directors of the Association, who shall thereupon choose, within no more than ten (10) days a neutral party to arbitrate the dispute in such a manner as the arbitrator deems best, but the arbitrator shall in all cases announce his decision within thirty (30) days after the transmittal of the complaint to the Chairman of the Board of Directors of the Association. If the Chairman of the Board of Directors of the Association or the arbitrator fails to act, the complaint will be considered denied.
The arbitrator shall be paid his reasonable expenses, the cost of which shall be borne by the losing party.
15 section 2. Complaints by Association. If the Association believes any Owner is in violation of these Restrictive Covenants, it shall so notify such Owner in writing, explaining its reason for such complaint. If the Owner fails to remedy the alleged violation within ten (10) days following delivery of such notice, then the Association shall have the right to (i) institute appropriate legal action or (ii) submit the dispute to arbitration, such arbitration to be held in accordance with the rules of the
h notice, then the Association shall have the right to (i) institute appropriate legal action or (ii) submit the dispute to arbitration, such arbitration to be held in accordance with the rules of the American Arbitration Association by the action of a majority of the Arbitrators chosen as follows: (a) one arbitrator shall be chosen by the Association; (b) one arbitrator shall be chosen by the two (2) arbitrators previously chosen. If either party fails to choose an arbitrator within fifteen (15) days after the transmission of the complaint to the Owner, the other party may choose the second arbitrator. The decision of the arbitrators shall be made within thirty (30) days after the transmission of the complaint to the Owner. If the arbitrators fail to act within ninety (90) days, the complaint will be considered dismissed. The prevailing party in any such litigation or arbitration shall be entitled to recover from the other party all costs and expenses thereof, including attorney's fees, in connection therewith.
section 3. Remedy of Violations. If the arbitrator(s) as provided in Section 1 or Section 2 above upholds the complaint, the Owner shall be so notified in writing and shall promptly remedy the viloation of this Declaration, and if he fails to remedy such violation within thirty (30) days after the date of such notice or in the time specified in any such proceeding, as appropriate, the Association may (but shall not be obligated to) make the appropriate repairs and add the cost of such repairs, as a Special Assessment to the normal assessment of such Owner.
The Association, and its designees, shall have the right to .
entry upon the Lot owned by such Owner for such purpose.
ARTICLE XII Section 1. Exterior Maintenance. In addition to
ssment of such Owner.
The Association, and its designees, shall have the right to .
entry upon the Lot owned by such Owner for such purpose.
ARTICLE XII Section 1. Exterior Maintenance. In addition to maintenance upon the Common Properties, the Association may provide exterior maintenance upon each Lot and Living unit which is subject to assessment under Article VI hereof, as follows: paint, repair, replace and care for roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, grass, walks and other exterior improvements.
16 section 2. Assessment of Cost. The cost of such exterior maintenance shall be assessed against the Lot or Living Unit upon which such maintenance is done and shall be added to and become part of the maintenance assessment or charge to which such Lot or Living Unit is subject under Article VI hereof and, as part of such assessment or charge, it shall be a lien and obligation of the Owner and shall become due and payable in all respects as provided in Article VI hereof. Provided that the Board of Drectors of the Association, when establishing the assessment against each Lot or Living Unit for any assessment year as required under Article VI hereof, may add thereto the estimated cost of the exterior maintenance for that year but shall, thereafter, make such adjustment with the Owner as is necessary to reflect the actual cost thereof.
_Section 3. -Access at Reasonable Hours. For the purpose solely of performing the exterior maintenance authorized by this Article, the Association, through its duly authorized agents or employees shall have the right, after reasonable notice to the Owner, to enter upon any Lot or exterior of any Living Unit at reasonable hours on any day except Saturday or sunday.
ARTICLE XIII EASEMENT AND RIGHTS
ll have the right, after reasonable notice to the Owner, to enter upon any Lot or exterior of any Living Unit at reasonable hours on any day except Saturday or sunday.
ARTICLE XIII EASEMENT AND RIGHTS Section 1. Encroachment Easement. If any structure erected or reconstructed by Developer or by an Owner with the approval of the Architectural Control Committee shall encroach on the Lot of an adjoining Owner, the latter grants to such Owner an easement permitting the persistence of such encroach ment. In addition, an overhang easement is granted to any Owner whose eaves, gutters or similar items overhang a reason able distance or abut the Lot of another Owner.
Section 2. Drainage Easement. Each Owner covenants to provide such easements for drainage and waterflow as the contours of the land and the arrangement of buildings by Developer thereon requires.
Section 3. Easement to Accouterment. Developer in constructing single-family residences and associated accouter ments on the Lots may place certain portions of such residences and accouterments consisting primarily of (but not limited to) air conditioning equipment, fences, walls, walkways, and patios on the Common Areas.
17 ARTICLE XIV Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, is recorded, after which time said covenants shall be auto matically extended for successive periods of ten (10) years unless an instrument signed by the then-owners of two-thirds (2/3) of the Lots or Living Units has been recorded, agreeing to change
e auto matically extended for successive periods of ten (10) years unless an instrument signed by the then-owners of two-thirds (2/3) of the Lots or Living Units has been recorded, agreeing to change said covenants and restrictions in whole or in part. For purposes of meeting the two-thrds (2/3) requirement, when Living Units are counted, the Lot or Lots upon which Living Units are situated shall not be counted. Provided, however, that no such agreement to change shall be effective unless made and recorded three (3) years in advance of the effective date of such change, and unless written notice of the proposed agree ment is sent to every Owner at least ninety (90) days in advance of any action taken.
Section 2. Notices. Any notice required to be sent to any member or owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as a member or owner on the records of the Association at the time of such mailing.
section 3. Enforcement. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants; and failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 4. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall be no wise affect any other provisions which shall remain in full force and effect.
ARTICLE XV Any provision contained herein can be changed by a
nants or restrictions by judgment or court order shall be no wise affect any other provisions which shall remain in full force and effect.
ARTICLE XV Any provision contained herein can be changed by a vote of One Hundred (100%) percent of the members of the Association.
. By: 18 P. S. A., INC., a corporation, By: