COPY CON ANILM RECORDE CONDOMINIUM DECLARATION FOR TREETOPS II CONDOMINIUMS Dallas County, Texas VSGL 83213 1321 145.00 DEED 110/31/93 INTRODUCTORY TABLE OF CONTENTS FOR THE DECLARATION OF TREETOPS II CONDOMINIUMS ARTICLE I- DEFINITIONS AND TERMS Paragraph 1.1 DEFINITIONS AND TERMS ARTICLE II CONDOMINIUM UNIT DESIGNATIONS AND DESCRIPTIONS Paragraph 2.1 RECORDATION OF PLAT Page 1 Paragraph 2.2 DESIGNATION OF UNITS 7 Paragraph 2.3 - LIMITED COMMON ELEMENTS 8 Paragraph 2.4 - RECULATION OF COMMON AREAS 8 Paragraph 2.5 INSEPARABLE UNITS 8 Paragraph 2.6 DESCRIPTION: 8 Paragraph 2.7 ENCROACHMENTS 8 Paragraph 2.8 GOVERNMENTAL ASSESSMENT 9 9 Paragraph 2.9 USE AND OCCUPANCY RESTRICTIONS ARTICLE III - RIGHTS AND OBLICATIONS OF OWNERSHIP Paragraph 3.1 OWNERSHIP the 15 Paragraph 3.2 PARTITION 15 Paragraph 3.3 EXCLUSIVENESS OF OWNERSHIP 16 Paragraph 3.4 ONE-FAMILY RESIDENTIAL DWELLING 16 Paragraph 3.5 MECHANIC'S AND MATERIALMAN'S LIENS 16 Paragraph 3.6 RIGHT OF ENTRY 16 Paragraph 3.7 OWNER MAINTENANCE 16 Paragraph 3.8 ALTERATION 17 Paragraph 3.9 RESTRICTION OF OWNERSHIP 17 Paragraph 3.10 - LIABILITY FOR NECLICENT ACTS Paragraph 3.11 - SUBJECT TO DECLARATION AND BY-LAWS 17 17 ARTICLE IV - MANACEMENT AND ADMINISTRATION Paragraph 4.1 - BY-LAWS 18 Paragraph 4.2 DECLARANT CONTROL VOL PAGE 18 83213 2 : ARTICLE IV CONTINUED Paragraph 4.3 TEMPORARY MANAGING ACENT Page 19 Paragraph 4.4 SPECIFIC POWER TO RESTRICT USE AND ENJOYMENT 19 Paragraph 4.5 MEMBERSHIP, VOTING, QUORUM, PROXIES 20 Paragraph 4.6 INSURANCE 21 ARTICLE V - MAINTENANCE ASSESSMENTS ASSESSMENTS FOR COMMON EXPENSES Paragraph 5.1 Paragraph 5.2 - PURPOSE OF ASSESSMENTS 23 23 24 222 Paragraph 5.3 Paragraph 5.4 Paragraph 5.5 DETERMINATION OF ASSESSMENTS - INITIAL ASSESSMENT AND MAXIMUM MONTHLY ASSESSMENT
EXPENSES Paragraph 5.1 Paragraph 5.2 - PURPOSE OF ASSESSMENTS 23 23 24 222 Paragraph 5.3 Paragraph 5.4 Paragraph 5.5 DETERMINATION OF ASSESSMENTS - INITIAL ASSESSMENT AND MAXIMUM MONTHLY ASSESSMENT - SPECIAL ASSESSMENTS FOR IMPROVEMENTS 24 25 Paragraph 5.6 COMMENCEMENT OF ASSESSMENTS 26 Paragraph 5.7 - NO EXEMPTION 26 Paragraph 5.8 - LIEN FOR ASSESSMENTS 26 Paragraph 5.9 - SUBORDINATION OF THE LIEN TO MORTGAGES 28 Paragraph 5.10 - STATEMENT OF ASSESSMENTS 28 Paragraph 5.11 - OBLICATION OF DECLARANT FOR ASSESSMENTS AND MAINTENENCE .
29 ARTICLE VI - DESTRUCTION OR OBSOLESCENCE OF IMPROVEMENTS Paragraph 6.1 DESTRUCTION OR OBSOLESCENCE Paragraph 6.2 - JUDICIAL PARTITION Paragraph 6.3 - CONDEMNATION ARTICLE VII - PROTECTION OF MORTCAGEE 29 34 34 Paragraph 7.1 - NOTICE TO ASSOCIATION 38 Paragraph 7.2 - NOTICE OF DEFAULT; LAPSE IN INSURANCE 38 Paragraph 7.3 - EXAMINATION OF BOOKS 38 Paragraph 7.4 Paragraph 7.5 -- RESERVE FUND 38 - ANNUAL AUDITS 39 Paragraph 7.6 NOTICE OF MEETINGS 39 Paragraph 7.7 - NOTICE OF DAMACE OR DESTRUCTION 39 Paragraph 7.8 MANAGEMENT AGREEMENTS 39 Paragraph 7.9 TAXES, ASSESSMENTS AND CHARGES 39 VAL LADE 83213 0903 - 11ARTICLE VIII MISCELLANEOUS PROVISIONS Paragraph 8.1 Paragraph 8.2 Paragraph 8.3 Paragraph 8.4 Paragraph 8.5 Paragraph 8.6 Paragraph 8.7 - AMENDMENTS TO DECLARATION: APPROVAL OF OWNERS AND MORTCACEES CORRECTION OF ERROR - OWNERSHIP OF COMMON PERSONAL PROPERTY - CHANCE IN DOCUMENTS NOTICE CONFLICT BETWEEN DECLARATION AND BY-LAWS - INVALIDATION OF PARTS Paragraph 8.8 OMISSIONS Paragraph 8.9 - TEXAS CONDOMINIUM ACT Paragraph 8.10 - CENDER 111 Voi.
PASE 83213 1884 Page 42 42 40 5 5 5 5 5 43 43 43 43 43 5 5 5 5 5 43 43 THE STATE OF TEXAS S COUNTY OF DALLAS S CONDOMINIUM DECLARATION FOR TREETOPS II CONDOMINIUMS
ACT Paragraph 8.10 - CENDER 111 Voi.
PASE 83213 1884 Page 42 42 40 5 5 5 5 5 43 43 43 43 43 5 5 5 5 5 43 43 THE STATE OF TEXAS S COUNTY OF DALLAS S CONDOMINIUM DECLARATION FOR TREETOPS II CONDOMINIUMS KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS TREETOPS PARTNERS, LTD., a limited partnership, having its 75243, Audelia, Suite B-104, Dallas, Texas, principal office at 11020 hereinafter called "Declarant", is the Owner of certain real property situated in the County of Dallas, State of Texas, being described more fully on Exhibit "A", which by this reference is made a part hereof; and to establish a Condominium Regime under the WHEREAS, Declarant desires Condominium Act of the State of Texas, Article 1301a, Revised Civil Statutes of Texas, herein called the "Act"; and WHEREAS, Declarant has prepared plans for the construction of a cluster of seventeen (17) multifamily Buildings and other improvement, appurtenant thereto on the Property described in said Exhibit "A", which when completed shall consist of thirty-six (36) separately designated Condominium Units and which will be known as TREETOPS II CONDOMINIUMS; and does hereby establish a for plan the individual WHEREAS, Declarant ownership in fee simple of estates consisting of the area or space contained in each of the Units, herein called the "Condominium Regime", in the seventeen (17) Buildings and the co-ownership by the individual and separate Unit Owners thereof, as tenants in common, of all the remaining property, both Limited which includes Common Elements and Ceneral Common дв Elements, hereinafter defined in Paragraph 1.1 hereof, and which are hereinafter collectively referred to as the "Common Elements" or "Common Areas".
NOW, THEREFORE, Declarant does hereby submit the real property described
defined in Paragraph 1.1 hereof, and which are hereinafter collectively referred to as the "Common Elements" or "Common Areas".
NOW, THEREFORE, Declarant does hereby submit the real property described on the attached Exhibit "A", and all improvements thereon, to the provisions of the Act and the Condominium Regime, and does hereby publish and declare conditions, easements, restrictions, that the following terms, covenants, uses, limitations and obligations shall be deemed to run with the land and shall be a burden and a benefit to Declarant, its successors and assigns and the interest in real property and to any person acquiring or owning an improvements, their grantees, successors, heirs, executors, administrators, VOL PAGE devisees and assigns.
93223 GG25 "ARTICLE" DEFINITIONS AND TERMS As used in this agreement, the following 1.1 DEFINITIONS OF TERMS.
terns shall have the following meanings unless the context shall expressly provide otherwise: a.
"Board" or "Board of Directors" shall refer to the Board of Directors of TREETOPS II OWNERS ASSOCIATION, INC.
means the charge against each Unit improving, maintaining, b. "Common Assessment" Owner and his Unit, representing a portion of the total costs to the repairing, replacing, Association of managing and operating the Property, which are to be paid uniformly by each Unit Owner of the Association, as provided in Paragraph 5.4a herein. This shall also include charges assessed against each Unit Owner to maintain a reserve for replacement fund and to cover costs incurred by the Association to participate in any condemnation suit, as provided in Paragraph 6.3 hereof.
c.
means "Common Elements" and includes all of the Property thereto and described in Exhibit "A", and all of the improvement
participate in any condemnation suit, as provided in Paragraph 6.3 hereof.
c.
means "Common Elements" and includes all of the Property thereto and described in Exhibit "A", and all of the improvement thereon located, excepting all Units.
Common Elements shall consist of the General Common Elements and the Limited Common Elements.
d.
"Common Expenses" means and includes: (1) All RUMO lawfully assessed against the Common Elements by the Managing Agent or Board; of and (2) All expenses of administration and management, or replacement maintenance, operation, repair addition to the Common Elements (including unpaid special assessments); (3) Expenses agreed upon Дв Common Expenses by the Unit Owners; and (4) Expenses declared to be Common Expenses by this Declaration or by the By-Laws.
e. "Completed means Unit" a completely finished Unit, including, but not limited to, the installation of all appliances and utilities, rendering it ready for occupancy by an Owner other than the Declarant.
- 2 VG PAGE 80213 7526 £ "Condominium Owners Association" TREETOPS II OWNERS ASSOCIATION, or "Association" meana INC.. 4 Texas non-profit corporation, the By-Laws of which shell govern the administration of this Condominium Property composed of all and the membership of which shall the Owners of the Condominium Units according to be such By-Laws.
g.
"Condominium Unit" shall mean with the interest in appurtenant to such Unit.
the Common Elements (Ceneral an individual Unit together Limited) or which Declarant means that period of time during selling the h. "Construction Period" and Premises the is developing Condominium Units, which time period shall extend the Declarant transfers title to all of heroof until such time as the Condominium Units.
from the date
truction Period" and Premises the is developing Condominium Units, which time period shall extend the Declarant transfers title to all of heroof until such time as the Condominium Units.
from the date i. "Declarant" shall mean TREETOPS PARTNERS, LTD., a limited its successOTE or assigns, who is developing the partnership, or Property as a condominium.
instrument.
k.
"Declaration" shall mean this Condominium Declaration "General Common means Elements" part of the Common Elementa and includes: (1) The real property described in Exhibit "A" attached hereto, less and except the Units; (2) All foundations, bearing walls and columns, roofs, halls, lobbies, stairways and entrances and exits or communicationways; (3) All basements, roofs, yards and gardens, except as otherwise herein provided or stipulated; (4) persona for All premises the lodging of janitors 23 in charge of the Buildings, except herein provided or stipulated; ΟΥ otherwise (5) All compartments 20 installations of central services, such as power, light, gas, cold and hot water, refrigeration, central air conditioning and central heating reservoirs, water tanks and pumps, storage space, and the like; - 3 VOL PAGE 63213 1027 (6) All elevators and shafts, garbage incineratora: and, in general, all devices or installations existing for common use; and (7) All other elements of the Buildings desirably or to the existence, rationally of common use ΟΙ necessary upkeep and safety of the Condominium Regime established by this Declaration.
1.
the holder "Lienholder" and "First Mortgagee" shall mean of a first mortgage lien on any Unit in the Condominium Project.
1. "Limited Common Elements" means and includes those Common Elements which are reserved for the exclusive use of an individual
ll mean of a first mortgage lien on any Unit in the Condominium Project.
1. "Limited Common Elements" means and includes those Common Elements which are reserved for the exclusive use of an individual a certain number of individual Owners of Units, for the exclusive use of those Owners, which may include: Owner of a Unit or (1) "Air handlers", pipes, ducts, electrical wiring and conduits located entirely within a Unit or adjoining and Units, or Units and serving only such Unit floors and ceilings, portions of the perimeter walls, doors, vestibules, windows, entryways, and all fixtures and structures such sociated therein, and patio and balcony structures as lie outside the Unit boundaries; and (2) Garage spaces designated as an appurtenance to a Unit.
of Unit Owners" means (51%) of the votes those Owners with entitled to be cast, & B n.
"Majority fifty-one percent weighted as herein provided.
0.
or persons in possession of a person "Occupant" means 87 Unit, regardless of whether said person is a Unit Owner.
P.
"Owner" Beans & person, firm, corporation, partnership, association, trust or other legal entity or any combination thereof, who owns, of record, title to one (1) or more Condominium Units.
or include 9. "Plat", "Survey Map", "Map" and "Plans" mean the engineering survey of the land, locating thereon all of the improvements, the floor and elevation plans and any other drawing or diagrammatic plan depicting a part of, or all of, the improvements, incorporated same being herewith filed, labeled Exhibit "B" and herein. It is expressly agreed and each and every Purchaser of a VP! PACE 80213 GG2S -4prantees Unity his heira, executors administrators, assigns and hereby agree that the square footage, size and dimensions of each
essly agreed and each and every Purchaser of a VP! PACE 80213 GG2S -4prantees Unity his heira, executors administrators, assigns and hereby agree that the square footage, size and dimensions of each ...t as set out or shown in this Declaration or in the survey Plats are shown for descriptive approximate and exhibited hereto are Declarant does not warrant, guarantee or only. The purposes represent that any Unit actually contains the area, square footage or dimensions shown by the Plat thereof.
Each Purchaser and Owner of Unit or interest therein agrees that the Unit has been or will the time such be purchased as actually and physically existing at Each Purchaser of a Unit expressly waives any purchase is closed.
claim or demand which he may have against the Declarant person of any difference, or any shortage or It whosoever on account discrepancy between the Unit as actually and physically existing and as it is shown on the respective Plat thereof exhibited hereto.
is specifically agreed that in interpreting deeds, mortgages, deeds of trust and other instruments for any purposes whatsoever or in connection with any matter, the existing physical boundaries of the Unit shall be conclusively presumed to be the bunndaries regardless of the Building, and of settling, rising or regardless of variances between boundaries as those of the Buildings.
lateral movements shown on the Plat and r.
"Premises" "Project", or "Property" means the land, the Buildings and all improvements and and includes structures thereon and all rights, easements and appurtenances Felonging thereto.
"Special Assessments".
In addition to the common assessments the Association may levy, in any that year only described above, assessment year, a special assessment applicable to
ces Felonging thereto.
"Special Assessments".
In addition to the common assessments the Association may levy, in any that year only described above, assessment year, a special assessment applicable to for the purpose of deferring, in whole or in part: (1) The cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including and fixtures personal property related thereto; or от of any other contingencies (2) The expense unbudgeted costs; provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of the Members who are voting in person or by proxy at a meeting VOL PAGE 83213 929 - 5 duly called for this purposex emounts assessed The pursuant hereto shall be assessed to Owners in proportion to the interest in the Common Elements owned by each.
Association, after due notice and hearing, shall also have the authority to establish and fix a special assessment upon any Unit to secure the liability of the Owner of such Unit to the Association for any breach by such Owner of any of the provisions of this Declaration, which breach shall require an expenditure by the Association for repair or remedy. Special assessments may be billed or collected The above mentioned liability of any on a monthly basis.
Owner is to be established 83 set forth in this Declaration.
t.
"Unit" shall Min the elements of an individual Condominium Unit which are not owned in common with the Owners of the other Condominium Units in the Project as shown on the Maps, which are exhibits attached hereto, and each Unit shall include the The boundaries of each such Unit shall air space assigned thereto.
be and are the interior surfaces of the perimeter walls, floors,
which are exhibits attached hereto, and each Unit shall include the The boundaries of each such Unit shall air space assigned thereto.
be and are the interior surfaces of the perimeter walls, floors, ceilings, window frames, doors, door frames and trim, and exterior surfaces of the patios and balconies; and the space includes both described and the air space the portions of the Building #o encompassed, excepting the Common Elements.
Во In interpreting deeds, instruments, the existing mortgages, deeds of trust and other boundaries of the Unit reconstructed in aubstantial The physical accordance with the original plans thereof shall be conclusively presumed to be its boundaries, regardless of settling, rising or lateral movement of the Building and regardless of variances between and those of the Building.
individual ownership of each Unit space herein defined shall further include the interior construction, partitions, appliances, fixtures intended to exclusively serve such Unit and improvements which are or finish, interior room walls, boundaries shown on the Plat space, such 88 floor coverings closets, cabinets, bathroom individual shelving, and kitchen fixtures, and plumbing appliances, individual lighting and electrical fixtures and other separate items or chattels belonging VOL PAGE : 530 exclusively to such Unit, any of which may be removed, replaced.
disposed of or otherwise treated without affecting any other Unit None of the land in space or ownership, use or enjoyment thereof.
this Project on which any Unit space or porch space is located shall all land in this Project shall constitute be separately owned, as8 part of the "Common Elements" of the Property as herein defined, and shall be owned in by the common Condominium Project. It is intended the Owners of
Project shall constitute be separately owned, as8 part of the "Common Elements" of the Property as herein defined, and shall be owned in by the common Condominium Project. It is intended the Owners of the Unita in this AS term "Unit", used in this Declaration, shall have the same meaning дя the term "Apartment" as used in the Act.
ARTICLE II CONDOMINIUM UNIT DESIGNATIONS AND DESCRIPTIONS 2.1 RECORDATION OF PLAT.
The Plat shall be for filed record simultaneously with the recording of this Declaration as prior to the first conveyance of any Condominium Unit.
and sets forth: a part hereof, and Such Plat consists of a. The legal description of the surface of the land; b.
The linear measurements And location, wi a reference to the exterior boundaries of the land, of the Buildings and all other improvements constructed, Declarant; or to be constructed, on asid land by C.
boundaries and number of each Unit, exterior The expressing its square footage, and any other data necessary for its identification, which information will be depicted by a Plat of such letter of the Building, floor of each Building showing the number of the floor and the number of the Unit; and d. The location of the Limited Common Elements.
the 2.2 DESIGNATION OF UNITS.
The Property is hereby divided into thirty-six (36) separately designated Units contained within the Reventeen (17) Buildings. Each Unit is identified by number and each Building is identified by number on the Map.
The remaining portion of the Premises, referred to as the Common Elements, shall be owned in common by the Owners.
interest in said Common The Owners of each Elements, the percentage or fraction thereof for each Unit being as Unit shall own an undivided shown on the attached Exhibit "C".
VOL #AGE 83217 0531 - 7 -
interest in said Common The Owners of each Elements, the percentage or fraction thereof for each Unit being as Unit shall own an undivided shown on the attached Exhibit "C".
VOL #AGE 83217 0531 - 7 2.3 LIMITED COMMON ELEMENTS, Portions of the Common Elements-are-eet aside and reserved for the exclusive use of the individual Owners, such areas The Limited Common Elements reserved for the being Limited Common Elements.
exclusive use of the individual Owners are the assigned automobile garage and Such spaces structures are врасев, and patio and balcony structures.
allocated and assigned by the Declarant to the respective Units, as indicated on the Plat. Such Limited Common Elements shall be used in connection with the particular Unit, to the exclusion of the use thereof by the other Owners, except by invitation.
2.4 RECULATION OF COMMON AREAS.
intended as recreation areas, and are space, and other facilities.
Portions of the Common Areas are green areas, storage improved with Reasonable regulations governing the use of such facilities by Owners and by their guests and invitees shall be promulgated by the Declarant, or by the Board of Directors of the Association after the same has been elected. Such regulations shall be permanently posted at the office and/or elsewhere in said recreational areas, and all Owners shall be furnished with a copy thereof. Each Owner shall be required to strictly comply with said Rules and Regulations, and shall be reponsible to the Association for the compliance therewith by the members of their respective families, relatives, guests or invitees, both minor and adult.
Each Unit and its corresponding pro-rata appurtenant 2.5 UNITS.
INSEPARABLE interest in and to the Common Elements inseparable and may not be conveyed, leased
guests or invitees, both minor and adult.
Each Unit and its corresponding pro-rata appurtenant 2.5 UNITS.
INSEPARABLE interest in and to the Common Elements inseparable and may not be conveyed, leased shall at all times remain indivisible.
or shall thereto be encumbered separately, and trust deed or other 2.6 DESCRIPTIONS. Every deed, lease, mortgage, instrument may legally describe & Condominium Unit by its identifying Building letter and Unit number, as shown on the Map, followed by the words TREETOPS II CONDOMINIUMS and by reference to this recorded Declaration and Map.
such description shall be deemed good and sufficient for all purposes convey, transfer, encumber or otherwise affect the Common Elements.
2.7 ENCROACHMENTS. If any portion of the Common Elements Every to encroaches upon 2 Unit or Units, maintenance of & valid easement for the encroachment and for the does exist.
If any it stands, shall and same, 80 long as portion or portions of a Unit or Units encroach upon the Common Elements, a valid easement for the encroachment and for the maintenance of same, so long B B it stands, shall and does exist.
A valid easement also exists to that PACE 83213 0932 -8portion of the General Common Elements and of the Limited Common Elements occupied by any part of an Owner's Unit not contained within the physical boundaries of such Unit, including, but not limited to, space occupied by heating and air conditioning equipment, utility lines and similar equipment which serves only one (1) Unit.
For title or other purposes, such encroachments and easements shall .not be considered or determined to be encumbrances either on the Common Elements or the individual Units.
2.8 GOVERNMENTAL ASSESSMENT.
Declarant shall give written notice to the
s and easements shall .not be considered or determined to be encumbrances either on the Common Elements or the individual Units.
2.8 GOVERNMENTAL ASSESSMENT.
Declarant shall give written notice to the Assessor's Office of the creation of Condominium Ownership of this Property, 85 is provided by law, so that each Unit and its percentage or fraction of undivided interest in the Common Elements shall be deemed a separate parcel and subject to separate assessment and taxation.
2.9 USE AND OCCUPANCY RESTRICTIONS.
a. Subject to the provisions of this Declaration and By-Laws, the Property was no part of the Property may be used for purposes other than housing which for and the related common purposes designed. Each Unit or any two (2) or more adjoining Units used together shall be used for residential purposes or such other uses no other purposes.
permitted by this Declaration, and foregoing restrictions for The & 8 to residence shall not, however, be construed in such manner as to prohibit a Unit Owner from: (1) Maintaining his personal professional library; (2) Keeping his personal business or professional records or accounts; or (3) Handling his personal business telephone or calls correspondence, or professional which uses are expressly declared customarily incidental to the principal residential use and not in violation of said restrictions.
b. That part of the Common Elements separating and located between and exclusively serving two (2) or more adjacent Units used together (including, without limitation, portions of any hallway and any walls) may be altered with written consent provided in Paragraph 3.8 herein, to afford ingress to and egress from such Units and to afford privacy to the Occupants of such Units of the Board, as when using such Common Elements, and
ten consent provided in Paragraph 3.8 herein, to afford ingress to and egress from such Units and to afford privacy to the Occupants of such Units of the Board, as when using such Common Elements, and that part of the Common Elements so altered may be used by the Unit Owner or Owners of such : VOL PAGE 83213 0433 - 9 Units Y Free pursuant Association, provided: agreement with the (1) The expense of making such alterations shall be or Owners making such paid in full by the Unit Owner alterations; (2) expense such Common Elements to their Such Unit Owner or Owners shall pay in full the restoring of condition prior to such alteration in the event such Units shall cease to be used together, as aforesaid; and (3) Such alteration shall not interfere with use and enjoyment of the Common Elements (other than the aforesaid separating such adjacent part of the Common Elements Units), including, without limitation, reasonable access and ingress to and egress from the hallway affected by such alteration.
other Units in the C. The Common Elements shall be used only by the Unit Owners family members, tenants, and servants, their agents, customers, invitees and licensees for access, ingress to and egress from the respective Units and for other purposes incidental to use of the storage space, and any Units; provided, however, receiving rooms, other areas designed for specific use shall be used for the purposes approved by the Board.
d. The use, maintenance and operations of the Common Elements shall not be obstructed, damaged or unreasonably interfered with by any Unit Owner, and may be subject to lease, concession or easement, entered into by the Board presently in existence or at some future time.
c.
Without limiting the generality of the foregoing
ith by any Unit Owner, and may be subject to lease, concession or easement, entered into by the Board presently in existence or at some future time.
c.
Without limiting the generality of the foregoing provisions of this Paragraph 2.9, use of the Property by the Unit Owners shall be subject to the following restrictions: (1) Nothing shall be stored in the Common Elements without prior consent of the Board, except in storage areas or as otherwise herein expressly provided; (2) Nothing shall be done or kept in any Unit or in the Common Elements which will increase the rate of insurance for the Property without the prior written - 10 VOL PAGE 83213 0934 ...
consent of the Board No-Unit-Owner shall permit anything to be done or kept in his Unit or the Common Elementa which will result in the cancellation of insurance on any unit, or any part of the Common Elements, or which will be in violation of any law; (3) No waste shall be committed in or on the Common Elements; (4) Subject to Declarant's rights under Paragraph 2.9e(14)(d) of this Declaration, no sign of any kind shall or be displayed to the public view on from any Unit or Common Elements without the prior written consent of the Board or the written consent of the Managing Agent acting in accord with the Board's direction; offensive activity shall be done the Common Elements, upon therein which nor ahall may be or become an (5) No nɩious carried on, in anything be unreasonable annoyance or a nuisance to any other Unit Owner. No loud noises or noxious odors shall be permitted on the Property, and the Board shall have the right to determine in accordance with the By-Laws if any noise, odor or activity constitutes a nuisance.
such Without of any of the foregoing limiting the generality
erty, and the Board shall have the right to determine in accordance with the By-Laws if any noise, odor or activity constitutes a nuisance.
such Without of any of the foregoing limiting the generality provisions, no exterior speakers, horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes), noisy or amoky vehicles, large power equipment unlicensed off-road motor or large power tools, vehicles or other items which may unreasonably interfere with television or radio reception of any Unit Owner in the Property, shall be located, used or placed on any portion of the Property or exposed to the view of other Unit Owners without the prior written approval of the Board; (6) hereinabove, Except 2 5 expressly provided nothing shall be altered or constructed in or removed from the Common Elements, except upon the written consent of the Board; - 11 Val PAGE 83213 0935 (7) No structure of temporary character, trailer, tent, shack, garage, barn or other outbuildings shall be time temporarily or any at the Property permitted on permanently, except with the prior written consent of the (8) No in or other waste Board; provided, however, that temporary structures may be connection with the repair or erected for use rebuilding of the Buildings or any portion thereof; trash rubbish, garbage or material shall be kept or permitted upon any Unit or the Common Elements, except in sanitary containers located in uppropriate areas screened and concealed from view, and no odor shall be permitted to arise therefrom so де to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to mny other Property in the vicinity thereof or to its Occupants. There shall be no
arise therefrom so де to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to mny other Property in the vicinity thereof or to its Occupants. There shall be no exterior fires whatsoever except barbecue fires contained within receptacles designed in such a manner that no fire hazard is created. No clothing or household fabrics shall be hung, dried or aired in such a way in the Property as to be visible other Property and no to shrub ΟΙ tree clippings, plant waste, lumber, grass, metals, bulk material, scrap, refuse or trash shall be kept, stored or allowed to accumulate on any portion of the Property, except within an or if appropriately screened from view; enclosed structure (9) No Unit Owner shall park, ΟΙ store keep any vehicle, except wholly within the parking space designated therefor, and any inoperable vehicle shall not be stored in or within the Common Elements in parking space a general. No Unit Owner shall park, store or keep within ΟΥ the Property any large commercial-type adjoining vehicle (dump truck, cement-mixer truck, oil or gas truck, delivery truck and any other vehicle equipment, mobile or otherwise, deemed to be recreational vehicle a nuisance by the Board), or any (camper unit, motor home, truck, trailer, boat, mobile home or other similar vehicle deeme.
- 12 VOL' PAGE 83213 0936 to be a nuisance by the Board), No Unit Owner shall conduct major repairs or major restorations of any motor vehicle, boat, trailer, aircraft or other vehicle upon any portion of the Common Elements.
used for parking purposes only; Parking spaces shall be (10) Except within individual Unite, no planting, transplanting or gardening shall be done, and no fences, hedges or walls shall be erected or maintained upon the
urposes only; Parking spaces shall be (10) Except within individual Unite, no planting, transplanting or gardening shall be done, and no fences, hedges or walls shall be erected or maintained upon the Property, except as approved by the Board; (11) Motorcycles, motorbikes, motor scooters or other similar vehicles shall not be operated within the Property except for the purpose of transportation directly from a parking space to a point outside the Property, or from a point outside the Property directly to a parking space; 'are (12) No animals, livestock, reptiles, or poultry of any kind shall be raised, bred or kept in any Unit or the Common Elements. Dog, cats, fish, birds and other household pets may be kept in Unita subject to rules and regulations adopted by the Association, provided they are not kept, bred or maintained for commercial purposes or in unreasonable quantities. As used in this Declaration, "unreasonable quantities" shall ordinarily mean more than (2) pets per household; provided, however, the Association may determine reasonable number in any instance to be more or less, and the Association may limit the size and weight of any household pets allowed. The Association, acting through the Board, shall have the right to prohibit maintenance of any animal which constitutes, in the opinion of the Board, 0 nuisance to any other Unit Owner. Animals belonging to Unit Owners, Occupants or their licensees, tenants or invitees within the Property must be kept either within an enclosure, an enclosed patio or on A leash being held by д person capable of controlling the animal. The enclosure must be so maintained that the animal cannot escape therefrom and shall be subject to the approval of the Board.
Should any VOL PAGE 83213 0537
person capable of controlling the animal. The enclosure must be so maintained that the animal cannot escape therefrom and shall be subject to the approval of the Board.
Should any VOL PAGE 83213 0537 animal belonging to Unit Owner be found unattended out of the enclosure and not being held on a leash by a person animal may be capable of controlling the animal, such it has control over removed by Declarant (for so long as the Association) or a person designated by Declarant to do or its 80, and subsequent thereto by the Association Managing Agent, to a pound under the jurisdiction of the local municipality in which the Property is situated and subject to the laws and rules governing said pound, or to Furthermore, any Unit Owner a comparable animal shelter.
shall be absolutely liable to each and all remaining Unit Owners, their families, guests, tenants and invitees, for or damage to person or property any unreasonable noise caused by any animals brought or kept upon the Property by a Unit Owner or members of his family, his tenants or his guests; and it shall be the absolute duty and responsibility of each auch Unit Owner to clean up after such animals which have used any portion of the Common Elements; lease his (13) No Unit Owner shall be permitted to Unit for hotel or transient purposes, which, for purposes.
of this paragraph is defined as a period less than thirty (30) Jays.
No Unit Owner shall be permitted to lease less than the entire Unit. Every writing. Every such lease shall provide that the lessee shall be bound by and subject to all of the obligations the Unit Owner under the Declaration and By-Laws, of such lease ahall be in making such lease and failure to do so shall be a default thereunder. The Unit Owner making such lease shall not be
igations the Unit Owner under the Declaration and By-Laws, of such lease ahall be in making such lease and failure to do so shall be a default thereunder. The Unit Owner making such lease shall not be relieved thereby from any of said obligations; and order that Declarant may establish the Unit Owner (14) In Property as a fully occupied Condominium, no nor the Association shall do anything to interfere with, and nothing in the construed to: Declaration shall be understood or - 14 VOL PAGE 83210 7838 (A) succesSOTS Prevent Declarant, its Assigns, ог its or their contractors or or subcontractors, from doing in any Unit owned by them whatever they determine to be necessary or advisable in connection with the completion of any work thereon; (b) its successors or Prevent Declarant, assigns, or its or their representatives, from erecting, constructing and maintaining on the Common Elements or any Unit owned or controlled by Declarant, its successors or assigns, or its or their contractors от subcontractors, such structures 8 8 may be reasonably necessary for the conduct of it# or their business of completing any work and establishing the Property as a Condominium and disposing of the same by sale, lease or otherwise; (c) Prevent Declarant, its succe lors or assigns, or its or their representatives, from maintaining a Sales Office and maintaining and showing model Units to aid in the marketing of the Units during the Construction Period; or (d) Prevent Declarant, its aucсеBBOTS or assigns, or its or their contractors subcontractors, from maintaining such sign signs for marketing of Units in the Property.
ΟΙ or 3.1 OWNERSHIP.
ARTICLE III RIGHTS AND OBLICATIONS OF OWNERSHIP A Condominium Unit will be a fee simple estate and may
rs, from maintaining such sign signs for marketing of Units in the Property.
ΟΙ or 3.1 OWNERSHIP.
ARTICLE III RIGHTS AND OBLICATIONS OF OWNERSHIP A Condominium Unit will be a fee simple estate and may be held and owned by any person, firm, corporation or other entity singularly, дв joint tenants, a s tenants in common, or in any real property tenancy relationship recognized under the laws of the State of Texas.
3.2 PARTITION. The Common Elements (both General and Limited) shall be owned in common by all of the Owners of the Condominium Units and shall remain undivided, and no Owner shall bring any action for partition or division of VOL PAGE 83213 2839 - 15 the Common-Elements other than that as specifically provided for hereinafter in Paragraph 6.2, "Judicial Partition", and, in any event, all mortgages must be paid prior to the bringing of an action for partition or the consent of all Nothing contained herein shall be construed as Mortgagees must be obtained.
limitation of the right of partition of a Condominium Unit between the Owners thereof, but such partition shall not affect any other Condominium Unit.
3.3 OF EXCLUSIVENESS OWNERSHIP.
Owner Each shall be entitled to Each Owner may use the Common Elements in accordance with the purposes for which they are intended, without exclusive ownership and possession of his Unit.
hindering or encroaching upon the lawful rights of the other Owners.
3.4 ONE-FAMILY RESIDENTIAL DWELLINC.
and for Each Condominium Unit shall be residential occupied and used or leased by the Owner only as dwelling for the Owner, his family, his social guests or his tenants.
Each 3.5 MECHANIC'S AND MATERIALMAN'S LIENS. No labor performed or materials furnished and incorporated in a Unit, notwithstanding the consent or request
his family, his social guests or his tenants.
Each 3.5 MECHANIC'S AND MATERIALMAN'S LIENS. No labor performed or materials furnished and incorporated in a Unit, notwithstanding the consent or request of the Owner, his agent, contractor or subcontractor, shall be the basis for filing of a lien against the Common Elements owned by such other Owners.
Owner shall indemnify and hold harmless each of the other Owners from and against all liability arising from the claim of any lien against the Unit of any other Owner or against the Common Elements for construction performed or for labor, materials, services or other products incorporated in the Owner's Unit at such Owner's request.
have 3.6 FIGHT OF ENTRY. The Association shall have the irrevocable right to As may be access to each Unit from time to time during reasonable hours necessary for the maintenance, repair or replacement of any of the Common Elements therein or accessable therefrom, or at any time for making emergency Common Elements or to repair therein necessary another Unit or Units.
to prevent damage the to 3.7 OWNER MAINTENANCE. An Owner shall maintain and keep in repair the interior, patio and/or balcony space, garage, and storage space of his own Unit, including the fixtures thereof. All fixtures and equipment installed with Unit, commencing at a point where the utility lines, pipes, wires, brevity conduits ΟΙ systems for Bre hereafter referred to 2 8 (which "utilities") enter the Unit, shall be maintained and kept in repair by the Owner thereof; and an Owner shall be obliged to promptly repair and replace any broken or cracked glass in windows and doors.
responsible for his own heating and cooling system.
An Owner shall be totally VOL PAGE 82223 03.10 -26-
hall be obliged to promptly repair and replace any broken or cracked glass in windows and doors.
responsible for his own heating and cooling system.
An Owner shall be totally VOL PAGE 82223 03.10 -263-8 ALTERATION, An Orner shall-do-no-to any work that will impair the structural soundness and integrity of the Building or impair any easement or h. reditament. No Owner shall in any way alter, modify, add to or otherwise perform any work whatever upon any of the Common Elements, Limited or Ceneral, without the prior written consent and approval in writing by the Board of Directors. Any such alteration or modification shall be in harmony with the external design and location of the surrounding structures and topography, and shall not be considered until submission to the Association of complete plans and specifications showing the nature, kind, shape, sire, materials, color and location for all proposed work. The Board shall have the obligation to answer within thirty (30) days after receipt of notice of the proposed alterations.
Failure to 80 answer within the stipulated time shall mean that there is no During the Construction objection to the proposed alteration or modification.
Period, Declarant shall have the sole right to approve or reject any plans and specifications submitted for consideration by an Owner.
3.9 RESTRICTION OF OWNERSHIP.
ለ። a restriction of the ownership provisions set forth in Paragraph 1.lt, "Unit", an Owner shall not be deemed the perimeter walls floors, ceilings, Со own the unfinished surfaces of balconies, patios and roof* surrounding his Unit, nor shall such Owner be deemed to own the utilities: running through his Unit which are utilized for, or serve, more than one (1) Unit, except as a tenant in common with the other the inner,
his Unit, nor shall such Owner be deemed to own the utilities: running through his Unit which are utilized for, or serve, more than one (1) Unit, except as a tenant in common with the other the inner, An Owner shall be deemed shall maintain Owners.
finished surfaces of the perimeter and interior walls, floors and ceilings, doors, windows and other such eloments consisting of paint, wallpaper and other such finishing material.
to own and 3.10 LIABILITY FOR NECLICENT ACTS. In the event the need for maintenance or repair is caused through the willful or negligent act of an Owner, his family, guests or invitees, and is not covered or paid for by insurance either on such Unit or the Common Elements, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such Unit is subject, pursuant Such liability is limited to Article IV hereof.
liability Owner has under Texas law.
to the 3.11 SUBJECT TO DECLARATION AND BY-LAWS. Each Owner and the Association shall comply strictly with the provisions of this Declaration, the By-Laws and the decisions and resolutions of the Association adopted pursuant thereto, as the same may be laufully amended from time to time.
Failure to comply with VOL PAGE 83213 0011 - 17 any of the same shall be grounds for an action to recover sums due for damages or for injunctive relief, or both, maintainable by the Association on behalf of the Owners or, in proper case, by an aggrieved Owner against another Owner or against the Association.
ARTICLE IV MANAGEMENT AND ADMINISTRATION 4.1 BY-LAWS. The administration of this Condominium Property shall be governed by the By-Laws of TREETOPS II OWNERS ASSOCIATION, INC., a non-profit referred to herein the 88 "Association".
Ormer An of a corporation,
e administration of this Condominium Property shall be governed by the By-Laws of TREETOPS II OWNERS ASSOCIATION, INC., a non-profit referred to herein the 88 "Association".
Ormer An of a corporation, Condominium Unit, upon becoming an Owner, may be a Member of the Association and shall remain a Member for the period of his ownership.
shall be managed by a Board of Directors, duly appointed or elected, pursuant The Association In addition, the Association upon agreement the terma and conditions to the terus and conditions of the By-Laws.
shall enter into a management established in the By-Laws, and said management agreement shall be consistent with this Declaration.
for the 4.2 DECLARANT CONTROL. Paragraph 4.1 notwithstanding, and benefit and protection of the Unit Owners and any I ret Mortgagees of record for the sole purpose of insuring a complete and orderly buildout as well as a the Declarant will retain control timely sellout of the Condominium Project, to exceed June 1, 1986, of and over the Association for a maximum period not or one hundred twenty (120) days from the closing of sales of seventy-five percent. (751) of the Units, or when in the sole opinion of the Declarant, the [roject becomes viable, self-supporting and operational, whichever first. It is expressly understood, the Declarant will not use said control for any advantage over the Unit Owners by way of retention of any residual the creation of any in the Association or rights term longer than three (3) years without majority Association approval upon relinquishment of Declarant control.
interests or management agreement with a through Occurs Within sixty or sooner at the (60) days from the end of the Declarant Control Period,
ciation approval upon relinquishment of Declarant control.
interests or management agreement with a through Occurs Within sixty or sooner at the (60) days from the end of the Declarant Control Period, Declarant's option, the Declarant, through the Board of Directors, shall call the first annual meeting of the Association for the purpose of electing, by ballot of Owners, a Board of Directors and to transact such other business of the Association as may properly come before it.
TANE 83213 4942 -184.3 TEMPORARY MANAGING AGENT. During the period of administration of this Condominium Regime by Declarant, the Declarant may employ or designate a temporary manager or managing agent, who shall have and possess all of the as may be specified in the rights, powers, authority, functions and duties contract of employment or as may be delegated by Declarant to him, except for The Declarant may pay Buch the right to effect improvements or repairs.
temporary manager for the services reasonable agent managing or such compensation a s it may deem to be rendered, which compensation shall constitute a part of the Common Expenses of this Condominium Regime and shall be paid out of the Association budget.
Every Owner and the 4.4 SPECIFIC POWER TO RESTRICT USE AND ENJOYMENT.
Declarant shall have a beneficial interest of use and enjoyment in the Common Elements subject to the following limitations, restrictions and provisions: Association to rules and publish of the Common Areas and the improvements to establish thereon, and The right of the regulations governing use and facilities located penalties for infractions thereof; and enforce b. The right of the Association to charge reasonable fees for the use of the Common Elements, if such facilities are not used by all Members equally;
ted penalties for infractions thereof; and enforce b. The right of the Association to charge reasonable fees for the use of the Common Elements, if such facilities are not used by all Members equally; C. The right of the Association, subsequent to the Declarant Control Period, to borrow money and mortgage the Common Area and Common Area and improvements for the of improving the purpose facilities and in aid thereof to mortgage said property; providing, however, that the rights of any such Mortgagee in such property shall be subordinate to the rights of the Omers hereunder, and in no event shall any such Mortgagee have the right to terminate the Condominium Regime established by this Declaration; d.
to suspend the and the right the to use of the the Association The right and duty of recreationai voting rights facilities by an Owner for any period during which any assessment against the Owner's Condominium Unit remains unpaid; e.
or the the The right of Declarant Association after Declarant Control Period to dedicate or transfer all or any part of the Common Area for utility easements to any authority utility or for the purposes, and public subject agency, to the PAGE 83213 1643 - 19 -conditions, of igent authority for utility: No suchdedication or transfer shall be effective unless approved by all First Mortgagees and two-thirds (2/3) vote of the quorum of Owners present at a meeting of the Association specifically called for the purpose of approving any such dedication or transfer, and unless an instrument signed by the Board of Directors reflecting such vote of the Owners agreeing such to dedication or transfer and First Mortgagee approval has been duly recorded in the Condominium Records of Dallas County, Texas; the Association to adopt, implement and
te of the Owners agreeing such to dedication or transfer and First Mortgagee approval has been duly recorded in the Condominium Records of Dallas County, Texas; the Association to adopt, implement and f. The right of maintain a private security system for the Premises consistent with applicable laws; 8.
to establish rules and Area, and to The right of the Association within the Common regulations governing traffic establish sanctions for any violation or violations of such rules and regulations; h. The right of the Association to regulate noise within the limitation, the right Premises, without including, of the Association to require mufflers on engines and to prohibit the use of devices producing excessive noise; and of control to the visual i.
the Association right The attractiveness of the property, including, without limitation, the right to require Owners to eliminate objects which are visible from the Common Area and which, in the Association's judgment, from the visual attractiveness of the Property.
4.5 MEMBERSHIP, VOTING, QUORUM, PROXIES.
detract a.
Membership. Any person on becoming an Owner of a Condominium Unit shall automatically become a Member of the Association. Such membership shall terminate withon any formal Association action whenever such person ceases to own a Condominium not relieve or release any such Unit, but such termination shall former Owner from any liability or obligation incurred under or in any way connected with TREETOPS II CONDOMINIUMS during the period of such ownership and membership of the Association, rights or remedies which the Board of Directors of the Association or others may have against such former Owner and Member arising out or impair any VOL PAGE 83210 20
membership of the Association, rights or remedies which the Board of Directors of the Association or others may have against such former Owner and Member arising out or impair any VOL PAGE 83210 20 _of-or-in any way connected with such ownership and membership and the covenants and obligations incident thereto.
No certificates of stack shall be issued by the Association, but the Board of Directors may, it it so elects, of a Condominium Unit.
issue one (1) membership card to the Owner(s) Such membership card shall be currendered to the Secretary whenever ownership of the Condominium Unit designated thereon shall terminate.
b. Voting. Unit ownership shall entitle the Owner(s) to cast one (1) vote per Unit in the affairs of the Association, which vote will be weighted to equal the proportionate share of ownership of Voting shall not be split the Unit Owner in the Common Elements.
among more than one (1) Unit Owner.
that can be cast by the Unit The The present number of votes Owners is thirty-six (36).
combined weighted votes calculated in accordance with Exhibit "c" shall equal one hundred percent (100%).
C. Quorum. The majority of the Unit Owners Article 1 shall constitute a quorum.
& 8 defined in d.
be cast in person от by proxy.
Proxies. Votea may Proxies may be filed with the Secretary before the appointed time of each moeting.
4.6 INSURANCE.
A.
The Association shall obtain and maintain at all times insurance of the type and kind provided hereinafter, including such other risks, of a similar or dissimilar nature, & S are or shall to any Condominium hereafter customarily be covered with respect Buildings, fixtures, equipment and personal property, similar in and UBC, issued design by responsible to do business in the insurance construction, companies authorized
marily be covered with respect Buildings, fixtures, equipment and personal property, similar in and UBC, issued design by responsible to do business in the insurance construction, companies authorized insurance State of Texas.
The shall be carried blanket in poly form naming the Association and all Mortgagees a B the insured. In addition, each policy or policies shall identify the interest of each Condominium Unit Owner and shall provide for Д standard, noncontributory of each First Mortgagee.
mortgage clause in favor policy shall insure against loss malicious mischief Further, the or damage by fire, vandalism, 05 such other hazards & B are covered under standard extended coverage provisions for the full insurable 21TAGO 83212 1845 replacement cost of the Common Elements and the Units, and against such other hazards and for such amounts the Board may dee . Wisable.
Each Owner irrevocably designates the Amers Association, as Attorney In Fact, to administer and distribute such in this Declaration.
Such proceeds as is elsewhere provided insurance policy shall also provide that it cannot be cancelled by either the insured or the insurance company until after thirty (30) days prior written notice to each First Mortgagee.
The Board of Directors shall, upon request of any First Mortgagee, furnish certified copy of each blanket policy and identifying the interest of the Mortgagor.
a separate certificate a comprehensive policy or b.. The Association shall keep policies of public liability insurance covering the Common Elements of the Project with a contractual liability endorsement, and such policy ог policies shall Д include "Severability of Interest Such Endorsement" or equivalent coverage which will preclude the insurer
of the Project with a contractual liability endorsement, and such policy ог policies shall Д include "Severability of Interest Such Endorsement" or equivalent coverage which will preclude the insurer from denying the claim of a Unit Owner because of negligent acts by of Directors Board or & Unit Owner.
the Association, its policy or policies shall be in amounts of not less than One Hundred Thousand Dollars ($100,000.00) per person, Three Hundred Thousand and Fifty Thousand Dollars accident Dollars ($300,000.00) por ($50,000.00) property damage, plus an umbrella policy for not less than One Million Dollars ($1,000,000.00) for all claims for personal injury, including death, and/or property damage arising out of a include water damage and single Occurrence; liability, liability for non-owned and hired automobiles, liability the policy shall де is customarily for property of others and such other coverage deemed necessary with respect to proj, similar in nature.
c.
The Association shall keep policy by policies of (i) liability insurance insuring the Board of Directors, officers and claims, losses, in of the Association against any employees Or of, of action arising out liabilities, damages or Causes connection with, or resulting from any act done or omission to act by any such entities, (ii) workmen's compensation required under the laws of the State of Texas, and (iii) such other insurance as deemed reasonable and necessary in order to protect the Project, the Unit Owners and the Association.
purson or PACE VOL 83213 0946 - 22 & B d The Association shall be responsible for obtaining insurance upon the Units, including all fixtures, installations or additions thereto contained within the unfinished interior surfaces such Unit, 58 floors and ceilings of
be responsible for obtaining insurance upon the Units, including all fixtures, installations or additions thereto contained within the unfinished interior surfaces such Unit, 58 floors and ceilings of The Association shall the perimeter walls, initially installed or replacements thereof.
not be responsible for procurement or maintenance of any insurance covering the liability of any Unit Owner not caused by or connected maintenance of the Project.
with the Association's operation or Each Unit Owner may obtain additional insurance at his own expense оп the furnishings and for his own benefit.
Insurance coverage Unit Owner and other items of personal property belonging to a casualty and public liability insurance coverage within each Unit are specifically made the responsibility of each Unit Owner, and each Unit Owner must furnish a copy of his insurance policy to the Association.
c.
coverage The Association shall obtain fidelity bond provided in Paragraph 5.12 of the By-Laws.
as a Unit Owner f. Any insurance obtained by the Association or shall contain appropriate provisions whereby the insurer waives its to any claims against the Unit Ownera, right of subrogation as Association or their respective servants, agents or guests.
ARTICLE V MAINTENANCE ASSESSMENTS 5.1 ASSESSMENTS FOR COMMON EXPENSES.
All Owners shall be obligated to pay the assessments imposed by the Association to meet the Common Expenses.
Assessments for the estimated Common Expenses shall be due monthly in advance Failure to pay by the fifteenth on or before the first day of each month.
(15th) day of each month shall require the imposition and assessment of a late charge to be set by the Board of Directors in the Rules and Regulations of the Contribution for monthly assessments shall be prorated if the
month shall require the imposition and assessment of a late charge to be set by the Board of Directors in the Rules and Regulations of the Contribution for monthly assessments shall be prorated if the Association.
ownership of a Condominium Unit commences the month.
on a day other than the first day of 5.2 PURPOSE OF .:SSESSMENTS. The assessments levied by the Association shall be used exclusively for the purposes of promoting the health, safety, welfare and recreation of the residents in the Property, and in particular for -23سازان PAGE 83213 0647 the improvement, and the facilities devoted to said purposes that maintenance and preservation of the Property, the services are related to the use and enjoyment of Property. Such uses may include, but are Elements the Common both and the Units situated upon the Association of the following: not limited to, the all insurance, repair, cost to the replacement and maintenance of the Common Elements; malicious mischief and liability fire, extended coverage, vandalism, for the Condominium Units; insurance management costs, taxes, legal and accounting fees as may from time to time be authorized by the Association; construction of other facilities; maintenance of easements upon, constituting a part of, appurtenant to or for the benefit of the Property; mowing grass, caring for the grounds and landscaping; caring roofs and exterior surfaces of all Buildings and for the storage space; garages; garbage pickup; pest control; street maintenance; outdoor lighting; service furnished to the security service for the Property; water and sewer Property by or through the Association; discharge of any liens on the Common Elements; and other charges required by this Condominium Declaration, or other to incur. In addition, the
; water and sewer Property by or through the Association; discharge of any liens on the Common Elements; and other charges required by this Condominium Declaration, or other to incur. In addition, the charges that the Association is authorized for repair.
Association shall establish . reserve maintenance and other charges as specified herein.
by 5.3 DETERMINATION OF ASSESSMENTS.
The assessments shall be determined the cash requirements necessary to the Board of Directors based upon provide for the payment of all estimated expenses growing out of or connected This determination with the maintenance and operation of the Common Elements.
may include, among other items, taxes, governmental assessments, landscaping and renovation, garbage Area lighting, repairs and Common care, grounds collections, wages, water charges, legal and accounting fees, management costs and fees, expenses and liabilities incurred by the Association under or by reason of this Declaration, expenses incurred in the operation and maintenance of recreation and againistrative facilities, payment of any deficit remaining reserve contingency fund.
from a previous period and the creation of a omission or failure of the Board to fix the assessment for any month shall not the Owners from the be deemed a waiver, modification or a release of The obligation to pay.
5.4 INITIAL ASSESSMENT AND MAXIMUM MONTHLY ASSESSMENT.
a.
The monthly assessments shall be made according to Owner's proportionate or percentage interest in and each to the Common GL PAGE -248 04S Elements provided in Exhibit-"C" attached here to and shall commence upon conveyance of the Unit to the Owner.
b. At least thirty (30) days prior to January 1st, the Board of Directors shall determine the annual budget for the Association
hed here to and shall commence upon conveyance of the Unit to the Owner.
b. At least thirty (30) days prior to January 1st, the Board of Directors shall determine the annual budget for the Association and shall set the monthly assessment for the next succeeding twelve Said monthly assessment (12) month period.
shall not exceed one hundred twenty percent (120%) of the monthly assessment allowed for January of the preceding year.
At any year, the Board shall have a right time during the calendar the monthly to adjust assessments, ав long as any such adjustment does not exceed the date maximum permitted herein, with thirty (30) days' written notice the monthly assessment Owner. Written notice of given to each to every Owner subject thereto.
adjustment shall be sent and unless othervise shall be established by The due the Board, provided or unless otherwise agreed by the Association, the Board shall collect the assessments monthly in accordance with Paragraph 5.1 hereof. If the Board determines at any time during the calendar a greater increase of the monthly assessment is required year that the duties and responsibilities of the to adequately perform Association and pay all expenses thereof, then the Board may call a By the assent of a two-thirds (2/3) special meeting of the Owners.
vote of the quorum of Owners, present at such meeting, the monthly at whatever level auch Owners approve.
assessment may be set The new assessment shall become the basis for future annual increases, using the outlined.
one hundred tventy percent (120%) formula, 2 B above C. In the event that the Board shall not approve an estimated annual budget or shall fail to determine new assessments for any year, or hall be delayed in doing continue to pay each month Busesament as last determined.
at the Board shall not approve an estimated annual budget or shall fail to determine new assessments for any year, or hall be delayed in doing continue to pay each month Busesament as last determined.
the amonnt 80, each Unit Owner of his respective monthly shall d.
The Board of Directorn shall have authority to lower the monthly assessment, if it deems feasible.
5.5 SPECIAL ASSESSMENTS to In addition FOR IMPROVEMENTS.
the annual assessments authorized above, the Association, through the Board of Directors, may levy at any time during the calendar year a special assessment applicable - 25 PAGE 8321310 το that year only, for the purpose of defraying, Expenses not anticipated by the annual budget, contingency or -part, Comm reserve funds, including the cost of construction or reconstruction, repair or replacement of as well as the necessary fixtures and personal property the Common Elements, related thereto. Any such assessment must be approved by a two-thirds (2/3) vote of the quorum of Owners voting in person or by proxy at a meeting duly all other Unit called for this purpose.
Owners for purposes of special assessments.
The Declarant will be treated as Said special assessments ahall be assessed against each Owner in proportion to his Unit's ownership intéṛest in the Common Elements as set forth herein.
5.6 COMMENCEMENT OF ASSESSMENTS.
The monthly assessments provided for herein shall be due on the first day of the month.
The assessments shall be on a day other than the First assessment shall prorated if the ownership of a Unit commences On Units owned by the Declarant, the day of the month.
commence on the first day of the month after the Declarant Control Period is terminated, in accordance with Paragraph 5.11 herein.
Unit commences On Units owned by the Declarant, the day of the month.
commence on the first day of the month after the Declarant Control Period is terminated, in accordance with Paragraph 5.11 herein.
5.7 NO EXEMPTION. No Owner may exempt himself from liability for his contribution towards the Common Expenses by waiver of the use or enjoyment of any of the Ceneral or Limited Common Elements or by abandonment of his Unit.
5.5 LIEN FOR ASSESSMENTS.
a.
monthly assessments and special assessments All common assessed but unpaid by a Unit Owner for its share of Common Expenses chargeable to its respective Condominium Unit, including interest thereon at, ten percent (10%) per annum, shall constitute a lien on all other liens and encumbrances, such Unit superior (prior) to except only for: (1) All taxes and special Assessments levied by governmental and taxing authorities; and due 8 ums or to become due (2) All liens securing under any duly recorded mortgage, vendor's lien or deed of trust.
b.
To evidence such lien the Association may, but shall not be required to, prepare written notice setting forth the amount of such unpaid indebtedness, the name of the Owner of the Condominium Unit and a description of the Condominium Unit.
be signed by one (1) of the Board of Directors and may be recorded Such notice shall - 26VAL PAGE 83213 0550 20 the Office of the Clerk and Recorder of Dallas County, Texas.
Such lien for the Common Expenses shall attach from the date of the Such lien may be enforced by Unit by failure of payment of the assessment.
eclosure of the defaulting Owner's Condominium the foreclosure to be conducted sale is in Association. Any such accordance with the provisions applicable to the exercise of powers of sale in mortgages and deeds of trust,
ulting Owner's Condominium the foreclosure to be conducted sale is in Association. Any such accordance with the provisions applicable to the exercise of powers of sale in mortgages and deeds of trust, a s set forth in Article 3810 of the Revised Civil Statutes of the State of Texas, or in any Each Owner, by accepting a deed to his set pay the manner permitted by law.
Unit, expressly grants to the Association a power of sale, as forth in said Article 3810, in connection with the assessment lien.
In any such foreclosure, the Owner shall be required to costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien and all reasonable attorney's fees. The Owner shall also be required to pay to the Association a reasonable rental for the Condominium Unit during the period of foreclosure, that being the point in time after the foreclosure is to B receiver to posted, and the Association shall be entitled collect same. The Association shall have the power to bid in the Condominium Unit at foreclosure sale and to acquire and hold, lease, mortgage and convey same.
C.
The amount of the Common Expenses assessed against each Condominium Unit shall also be a debt of the Owner thereof at the Suit to recover a money judgment for time the assessment is made.
unpaid Common Expenses shall be maintainable without foreclosing or waiving the lien securing same.
d.
In addition, to the extent permitted by law, Declarant reserves and to assigns vendor's lien against each the Association, without recourse, H Unit to secure payment of B common to the assessment or special assessment which is levied pursuant terms hereof. Said liens may be enforced by appropriate judicial proceedings including, and the but not expenses limited incurred to,
n to the assessment or special assessment which is levied pursuant terms hereof. Said liens may be enforced by appropriate judicial proceedings including, and the but not expenses limited incurred to, in connection therewith, interest, Costs and reasonable attorney's fees, shall be chargeable to the Owner in default.
Such lien shall be subordinated and inferior to those liens listed in Subparagraphs 4.8a (1) and (2).
VOL PACE - 27 83213 1 Tien on a Condominion Unit may e. Any encumbrancer holding a pay any unpaid Common Expense payable with respect to such Unit, and upon such payment, such encumbrancer shall have a lien on such Unit for the amount paid of the same rank as the lien of his encumbrance.
The lien of the assessments 5.9 SUBORDINATION OF THE LIEN TO MORTGAGES.
provided for herein shall be subordinate to the lien of any recorded mortgage or mortgages granted or created by the Owner of any Condominium Unit to secure the payment of monies advanced and used for the purpose of purchasing and/or Sale or transfer of any Unit shall not affect the improving such Unit.
assessment lien; provided, however, д foreclosure, a deed in lieu of foreclosure, Condominium Unit pursuant to or improvement assignment in lieu of foreclosure under such purchase money mortgages or deeds of trust shall extinguish the lien of such assessments that the sale or transfer of any 2 B such sale or transfer, except for share of such assessments resulting from a to payments thereof coming due prior to claims for its pro-rata reallocation among all Units, which reallocation, if necessary, will require a No sale as provided in Paragraph 5.4b.
readjustment of the common assessment or transfer shall relieve such Condominium Unit, or the Owners thereof, from
ich reallocation, if necessary, will require a No sale as provided in Paragraph 5.4b.
readjustment of the common assessment or transfer shall relieve such Condominium Unit, or the Owners thereof, from liability for any assessments thereafter becoming due or from the lien thereof.
Upon the written request of any Owner or of a Condominium Unit, the issue a written statement 5.10 STATEMENT OF ASSESSMENTS.
or prospective encumbrancer Board of Directors, shall if any, to with respect Unit, the amount of the current monthly assessments, the date of Buch any encumbrancer Association, by its setting forth the unpaid assessments, the subject assessment and the due date, credit for advance payments or for prepaid items, including, but not limited to, insurance premiums, which shall be conclusive upon the Association in favor of all persons who rely thereon in good faith.
8 statement of indebtedness shall be complied with Unless such request for within ten (10) days, all unpaid assessments which become due prior to the date of making of such request shall be subordinate to the lien of the person requesting such statement.
The Purchaser, Donee a Unit, by deed or other or other transferee of writing (herein called "Crantee"), shall be jointly and severally liable with the transferor of such Unit (herein called "Grantor") for all unpaid for his proportionate share of the Common assessments latter against the Expenses up to the time of the grant or conveyance, without prejudice to the VEL PAGE - 28 83213 2 Cranteed right to recover from Crantor the amounts paid by the Crantee such transferee shall be personally liable only if he expressly assume s • . iability. The Grantee shall be entitled to a such statement from the Board of
from Crantor the amounts paid by the Crantee such transferee shall be personally liable only if he expressly assume s • . iability. The Grantee shall be entitled to a such statement from the Board of Directors, setting forth the amount of the unpaid assessments, if any, with respect to the subject Unit, the amount of the current monthly assessment and the date such assessment becomes due, as well as payments or for prepaid items, including, but not any credit for advanced limited to, insurance Unleas premiums. This statement shall be conclusive upon the Association.
such request for a statement of indebtedness shall be complied with within ten (10) days of such request, such Grantee shall not be liable for, nor shall the Unit conveyed be subject to a lien for, any unpaid assessments against the subject Condominium Unit accruing prior to such ten (10)-day period.
During the 5.11 ODLICATION OF DECLARANT FOR ASSESSMENTS AND MAINTENANCE.
Declarant Control Period, as provided in Paragraph 4.2 hereof, the Declarant shall be responsible for the difference between the cost of maintenance and assessments received from the other Unit Owners and shall not be limited to the regular monthly assessments for Units owned by Declarant until the end of the Declarant Control Period or until Declarant, at its option, chooses whichever first occurs. Should Declarant elect make regular monthly payments, Declarant shell provide any not to make assessments, regular monthly to additional funds necessary to pay actual cash outlays required to fund current operating expenses of the Association.
After the Declarant Control Period is terminated or earlier at Declarant's option, Declarant shall pay the regular In Unite it owns.
no event shall monthly assessment for each Unit or
the Association.
After the Declarant Control Period is terminated or earlier at Declarant's option, Declarant shall pay the regular In Unite it owns.
no event shall monthly assessment for each Unit or Declarant's liability for assessments be less than required by the Act.
6.1 ARTICLE VI DESTRUCTION OR OBSOLESCENCE OF IMPROVEMENTS DESTRUCTION OR OBSOLESCENCE.
23. This Declaration hereby makes mandatory appointment of an Attorney In Fact the irrevocable to deal with the Property upon its destruction, obsolescence or condemnation.
Title to any Condominium Unit is declared and expressly made subject to the terms and conditions hereof, and acceptance by any Grantee of a deed from the Declarant or from any Owner shall constitute appointment of the All of the Owners irrevocably Attorney In Fact herein provided.
YOL PAGE 53213 0653 - 29 or its constitute and appoint TREETOPS 11 OWNERS ASSOCIATION, INC.
successor non-profit corporation, if same be hereafter organized, their true and lawful Attorney in their name, place and stead, for the Property upon its destruction, the purpose of dealing with obsolescence or condemnation, as hereinafter provided.
As Attorney and In Fact, the Association, by its authorized officers shall have full and complete authorization, right and power to make, execute deliver any contract, deed or any other instrument with respect to the interest of a Condominium Unit Owner which is necessary and appropriate to exercise the powers heroin granted.
to to the b. Repair and reconstruction of the improvement(s), as used in the succeeding subparagraphs, means restoring the improvement(s) substantially the same condition in existence prior damage, with each Unit and Common Elements having the same vertical
(s), as used in the succeeding subparagraphs, means restoring the improvement(s) substantially the same condition in existence prior damage, with each Unit and Common Elements having the same vertical and horizontal boundaries as before. The proceeds of any insurance collected shall be made available to the Association for the purpose of repair, restoration or replacements, unless all of the Owners and all of the First Mortgagees agree not to rebuild in accordance with the provisions set forth hereinafter: (1) In the event of damage or destruction due fire or other disaster, sufficient the insurance to proceeds, if be to reconstruct the improvement(s), shall applied by the Association, as Attorney In Fact, to such reconstruction, and the improvement (s) shall be promptly repaired and reconstructed.
(2) If the insurance proceeds repair and insufficient to if Buch the improvement(s), and reconstruct are damage is not more than sixty-six and two-thirds percent ΟΥ destruction (66-2/3%) of all the Common Elements as majority of damage shall determined by a not the Unit Owners, including land, such and be promptly repaired Attorney In Fact, reconstructed by the Association, using the proceeds of insurance and the proceeds of an assessment to be made against all of the Owners and their Condominium Units. Such deficiency assessment shall be a special assessment made pro rata atcording to each Owner's VOL 8321 PAGE 30proportionate interest in and το the Common Elements and shall be due and payable within thirty (30) days after written notice thereof. The Association shall have the authority to cause the repair or restoration of the improvements using all of the insurance proceeds for such purpose notwithstanding the failure of an Owner to pay the
The Association shall have the authority to cause the repair or restoration of the improvements using all of the insurance proceeds for such purpose notwithstanding the failure of an Owner to pay the The assessment provided for herein shall be a assessment.
debt of each Owner and a lien on his Condominium Unit and may be enforced and collected as is provided in Article V hereof. The lien provided for herein shall be subordinate first mortgage lien, to Any recorded до provided in Should the Association Paragraph 5.9 of this Declaration.
choose to foreclose said lien, as provided in Article V, the proceeds derived from the sale of such Condominium Unit shall be used and disbursed by the Association, as Attorney In Fact, in the following order: (a) For payment of and taxes special governmental assessment liens in favor of any assessing entity; (b) For payment of the balance of the lien of any duly recorded mortgage instrument; (c) For payment of unpaid Common Expenses; (d) For payment of junior liens and encumbrances in the order and extent of their priority; and (c) The balance remaining, if any, shall be paid to the Condominium Unit Owner.
two-thirds percent (3) If more than sixty-six and (66-2/3%) of all of the Common Elements as determined by a majority of Unit Owners, not including land, are destroyed or damaged, and if the Owners representing the aggregate ownership of one hundred percent (100%) of the Common hundred (100) do not voluntarily, within one days thereafter, make provision for reconstruction, the Association shall forthwith record a notice setting forth such fact or facts, and upon the recording of such notice Elements, NAL PAGE 83217 0955 - 31by the Association's President and Secretary, the entire
ion shall forthwith record a notice setting forth such fact or facts, and upon the recording of such notice Elements, NAL PAGE 83217 0955 - 31by the Association's President and Secretary, the entire remaining Premises shall be sold by the Association, as Attorney In Fact for all of the Owners, free and clear of the provisions contained in this Declaration, the Plat and the By-Laws, The insurance settlement proceeds shall be collected by the Association, and such proceeds shall be divided by the Association according to each Unit Owner's (as interest such interests on the policy appear policies), and such divided proceeds shall be paid into one such account for each Condominium or separate accounts, Unit.
Each such shall be in the account name of the Association, and shall be further identified by the number From each separate of the Unit and the name of the Owner.
account, the Association, as Attorney In Fact, shall use and disburse the total amount (of each) of such accounts, without contribution from any one (1) account to another, toward the full payment of the lien of any first mortgage against the Condominium Unit represented by such separate account. There shall be added to each such account, the apportioned amount of the proceeds derived from the sale of the entire Property. Such apportionment shall be based upon each Condominium Unit Owner's proportionate interest in the Common Elements. The total funds of each account shall be used and disbursed, without contribution from one (1) account to another, by the Association, as Attorney In order an is Fact, for the same purposes and in the same provided in Subparagraphe b(2) (a) through (e) of Paragraph 6.1 hereof.
Any decision to terminate the condominium status as herein provided must have the approval of First
ame purposes and in the same provided in Subparagraphe b(2) (a) through (e) of Paragraph 6.1 hereof.
Any decision to terminate the condominium status as herein provided must have the approval of First Mortgagees as provided in Paragraph 8.1c herein.
one hundred percent (100%) of the Common (4) If the Owners representing a total ownership interest of Elements adopt a plan for reconstruction, then all of the Owners shall be bound by the terms and provisions of such plan. Any assessment made in connection with such plan shall be a Common Expense and made pro rata according to - 32 VOL PAGE 80355 each Owner's proportionate interest in the Common Elements and shall be due and payable as provided by the terms of the plan. The Association shall have the authority to cause the repair and restoration of the improvements using insurance proceeds for such purpose all of the notwithstanding assessment.
the failure of an Owner co pay the The assessment provided for herein shall be a debt of each Owner and a lien on his Condominium Unit and may be enforced and collected as is provided in Paragraph 5.8 hereof, but will be subordinate to any duly recorded first mortgage lien, as provided in Paragraph 5.9 hereof.
Should the Association foreclose said assessment lien, as provided in said Paragraph 5.8, the proceeds derived from sale of such Condominium Unit shall be used and disbursed by the Association, as Attorney In Fact, for the same order ав is provided in Subparagraphs b(2) (a) through (e) of Paragraph 6.1 hereof.
(5). The Owners representing an aggregate ownership interest of sixty-six and two-thirds percent (66-2/32) of the Common Elements or more, may agree that the Common Elements of the Property are obsolete and that the same
esenting an aggregate ownership interest of sixty-six and two-thirds percent (66-2/32) of the Common Elements or more, may agree that the Common Elements of the Property are obsolete and that the same should be renewed or reconstructed. In such instance, the expenses thereof shall be payable by all of the Owners as Common Expenses.
purposes and in the same (6) Any restoration, reconstruction or-repair of the Project shall be performed substantially in accordance with this Declaration and the original Plans and specifications, unless other action is approved by the which have at least fifty-one percent (51%) of the votes of the Association.
(7) The Owners representing an aggregate ownership holders of mortgages on Units interest of one hundred percent (100%) of the Common Elements and all holders of first mortgages may agree that the Common Elements of the Property are obsolete and that the 8 ame should be sold.
In such instance, the Association shall record a notice setting forth such fact VOL PAGE 53213 065 - 33 Jamage ΟΙ facts, and upon the recording of such notice by the Association's authorized officers, the entire Promises shall be sold by the Association, as Attorney In Fact, for of and clear the provisions all of the Owners, free contained in this Declaration, the Plat and the By-Laws.
The sales proceeds shall be apportioned between the Owners and First Mortgagees as their interests may appear on the basis of each Owner's percentage or fraction of intere : such apportioned proceeds shall be paid into separate accounts, one such account for Each such account shall be in the each Condominium Unit.
name of the Association, and shall be further identified by the number of the Unit and the name of the Owner.
in the Elements, Common and account, From
h account shall be in the each Condominium Unit.
name of the Association, and shall be further identified by the number of the Unit and the name of the Owner.
in the Elements, Common and account, From the Association, as Attorney In each separate Fact, shall use and disburse the total amount of each of such funds, without contribution from (1) fund to another, for the same purposes and in the same order as is provided · in Subparagrapha b(2)(a) through (c) of Paragraph 6.1 hereof.
destruction ог There shall be no judicial partition of the the 6.2 JUDICIAL PARTITION.
Common Elements, nor shall Declarant or any person acquiring any interest in the Project or any part thereof seek any such judicial partition, until the happening of the conditions set forth in Paragraph 6.1 hereof in the case of been removed or unless the Property has the Texas Condominium Act; provided, however, provisions of Condominium Unit shall be owned by two (2) or more co-tenants, as common or ал joint tenants, nothing herein contained shall prevent a judicial partition between such co-tenants, but such partition shall not affect any other Condominium Unit.
6.3 CONDEMNATION.
from that if any tenants in be deemed to 2. If all or any part of the Property is taken or threatened to be taken by eminent domain or by power in the nature of eminent the Association, a s domain (whether or permanent temporary), Attorney In Fact, and each Owner shall be entitled to participate in proceedings incident thereto at The expense.
their respective Association shall give timely written notice of the existence of VAL PAGE 83213 S - 34 such proceedings to all Owners and to all First Mortgagees known to .
to obtain and pay avards All damages or The In the condemn a
ive timely written notice of the existence of VAL PAGE 83213 S - 34 such proceedings to all Owners and to all First Mortgagees known to .
to obtain and pay avards All damages or The In the condemn a the Association to have an interest in any Condominium Unit.
expense of participation in such proceedings by the Association The Association, as Attorney In shall be borne by the Common Fund.
for such Fact, is specifically authorized assistance from attorneys, appraisers, architects, engineers, expert a s the Association in its discretion witnesses and other persons deems necessary or advisable to aid or advise it in matters relating for any such taking to such proceedings.
shall be deposited with the Association, as Attorney In Fact, and such damages or awards shall be applied as provided herein.
event that an action in eminent domain is brought to portion of the Common Elements (together with or apart from any Condominium Unit), the Association, as Attorney In Fact, in addition to the general powers set out herein, shall have the sole authority or resist any such proceeding, to to determine whether to defend make any settlement with respect thereto, or to convey such Property to the condemning authority in lieu of such condemnation proceeding..
b. With respect to any such taking, all damages and awards shall be determined for the taking of the individual Units and for and for each Owner's interest the taking of the Common Elements for such taking are therein. After the damages or awards amount in determined, such damages or awards shall be paid to the account of each Owner for the loss of the individual Unit plus an proportion to his percentage or fractional ownership interest in the Common Elements to be applied or paid as set forth in Subparagraphs
count of each Owner for the loss of the individual Unit plus an proportion to his percentage or fractional ownership interest in the Common Elements to be applied or paid as set forth in Subparagraphs 6.lb(2)(a) through (e) hereof, unless restoration takes place as herein provided. The Association, if it deems advisable, may call a meeting of the Owners, at which meeting the Owners, by a majority replace possible, the Common Elements so taken or damaged.
vote, shall decide is determined whether to or resture, 88 far ав In the event it that such Elements Common should be replaced or restored by obtaining other land or building additional structures, this Declaration and the Map attached hereto shall be duly amended by instrument executed by the Association, as Attorney In Fact, on behalf of the Owners.
In the event that such eminent domain - 35 proceeding results in (1) or more the taking of or damage to on than but less than sixty-six and two-thirds percent (66-2/3%) of the total number of Condominium Unita, then the damages and awards for such taking shall be determined for each Condominium Unit and following shall apply: (1) The Association shall determine which of the taking may be made Condominium Units damaged by such tenantable for the purposes set forth in this Declaration, taking into account the nature of this Condominium Project and the reduced size of each Condominium Unit so damaged.
(2) The Association shall determine whether it is the remaining reasonably practicable to operate Condominium Units of the Project, including those damaged Units which may be made tenantable, as a Condominium in the the manner provided in this Declaration.
that that the Association determines reasonably the (3) In the event to practicable operate it is not
its which may be made tenantable, as a Condominium in the the manner provided in this Declaration.
that that the Association determines reasonably the (3) In the event to practicable operate it is not undamaged Condominium Units and the damaged Units which can be made tenantable, then the Condominium Project shall be deemed to be regrouped and merged into a single estate owned jointly in undivided interest by all tenants in common, in the proportionate ownership interest previously owned by each Owner in the Common Elements.
Owners, дв (4) In the event that the Association determines it will be reasonably practicable to operate the undamaged ·Condominium Units and the damaged Units which can be made tenantable 88 a Condominium Unit, then the damages and to cach Unit which has been avarda made with respect determined to be capable of being made tenantable shall be applied to repair and to reconstruct such Condominium Unit so that it is made tenantable.
performed in accordance The restoration shall be with this Declaration and the original Plans and specifications, unless other action is approved by holders of mortgages on the remaining Units which have at least fifty-one percent (51%) of the votes in the Association.
If the cost of such work exceeds the YOL FAGE 83213 0660 - 36amount of the award, the additional funds required shall be assessed against are those Condominium Units which tenantable. With respect to those Units which may not be tenantable, the award made shall be paid as set forth in and (e) hereof; Subparagraphs 6.1b(2)(a) through the remaining portion of such Units, if any, shall become part of the Common Elements.
Upon the payment of such award for the account of such Owner B provided herein, such Condominium Unit shall по longer be a of part the
of such Units, if any, shall become part of the Common Elements.
Upon the payment of such award for the account of such Owner B provided herein, such Condominium Unit shall по longer be a of part the Condominium Project, and the in to cach proportionate ownership interest the Common Elements appurtenant remaining Condominium Unit which shall continue as part of the Condominium Project shall be equitably adjusted to distribute the ownership of the undivided interest in the Common Elements among the reduced number of Owners based upon the square footage of the individual remaining Units the total square footage of all the in proportion to remaining Units.
(5) If sixty-six and two-thirds percent (66-2/31) or more of the Condominium Units are taken or damaged by such be paid to the damages taking, all accounts of the Owners of Units, as provided herein; and terminate upon such and avards shall this Condominium Regime shall payment.
require the approval Paragraph 8.1C herein. Upon Such termination of condominium status shall of & S the Mortgagees provided in such termination, the Condominium Units and Common Elements shall be deemed to be regrouped and merged into a single estate owned in undivided interest by all Owners & B tenants in common in the proportionate ownership interest previously owned by each Owner in the Common Elements.
The Owners representing sixty-seven percent an aggregate (67%) of ownership interest of the Common Elements and holders of first mortgages on Units which have at least sixty-seven percent (67%) of the votes on Units subject to first mortgages may agree that the Property should be PAGE 63213 0361 - 37 sold.
notice setting forth such fact In such instance, the Association shall facts, and upon or record the
Units subject to first mortgages may agree that the Property should be PAGE 63213 0361 - 37 sold.
notice setting forth such fact In such instance, the Association shall facts, and upon or record the recording of such notice by the Association's authorized the entire Premises shall be Bold by the officers, Association, as Attorney in Fact, for all of the Owners, free and clear Declaration, the Plat and the By-Laws.
of the provisions contained in the The sales proceeds shall be apportioned between the Owners and First Mortgagees as their interests may appear on the basis of each proportionate ownership Owner's interest in the regrouped estate.
provided in this paragraph Any damages, awards, or sales proceeds to be paid to or for the account of any Owner by the Association shall be applied a s act forth in Subparagraphs 6.lb(2)(a) hereof.
through (c) 7.1 ARTICLE VII PROTECTION OF MORTCACEE.
An Owner who mortgages his Unit shall notify ee. Each Mortgagee NOTICE TO ASSOCIATION.
the Association, giving the name and address of his Morts.
shall be permitted to notify the Association of the fact that such Mortgagee holds deed of trust a or mortgage The Board shall on * Condominium Unit.
maintain such information in a book entitled "Mortgagees of Condominium Units".
The Association shall notify 7.2 NOTICE OF DEFAULT; LAPSE IN INSURANCE.
of such Mortgagee request in writing, upon written First Mortgagee identifying the name and address of the Mortgagee and the Unit number, of any default by the Mortgagor in the performance of such Mortgagor's obligations, as set forth in this Declaration, which is not cured within sixty (60) days.
The Association, upon written request, shall notify a First Mortgagee of any insurance policy or material modification of lapse, cancellation
is Declaration, which is not cured within sixty (60) days.
The Association, upon written request, shall notify a First Mortgagee of any insurance policy or material modification of lapse, cancellation fidelity bond maintained by the Association.
any OF BOOKS.
The Association or shall permit First 7.3 EXAMINATION Mortgagees, the Veterans Administration and Federal Housing Administration to examine the books and records of the Association upon request.
7.4 RESERVE FUND.
The funds for replacement of regular monthly payments rather than by extraordinary special assessments.
Association shall establish adequate Common Element components and fund reserve the same by In - 38 PAGE 83213 0362 addition, there shall be established Assessments charge a working capital fund for the initial least two (2) months' operation of the Condominium Project equal to at for each Unit, said deposit to be estimated Common collected at closing of Unit sale.
7.5 ANNUAL AUDITS.
Upon written request the Association shall furnish each First Mortgagee an annual audited financial statement of the Association each fiscal year of the within ninety (90) days following the end of Association.
7.6 NOTICE OF MEETINGS.
The Association shall furnish each First Mortgagee upon request of such Mortgagee, prior written notice of all meetings representative of such of the Association and permit the designation of a one (1) such request to be deemed to be a Hortgagee to attend such meetings, request for prior written notice of all subsequent meetings of the Association.
The Association shall furnish the 7.7 NOTICE OF DAMAGE OR DESTRUCTION.
First Mortgagees timely written notice of any substantial damage or partial destruction of any Unit on which the First Mortgagee holds the mortgage if
furnish the 7.7 NOTICE OF DAMAGE OR DESTRUCTION.
First Mortgagees timely written notice of any substantial damage or partial destruction of any Unit on which the First Mortgagee holds the mortgage if such loss exceeds One Thousand Dollars ($1,000.00), and of any part of the Common Elements if such loss exceeds Ten Thousand Dollars ($10,000.00).
7.8 MANAGEMENT AGREEMENTS. Any management agreement and/or service contract entered into by the Association will be terminable by the Association without cause and without payment of a termination fee upon ninety (90) days' written notice or with cause upon thirty (30) days' written notice, and the term of such management agreement will not exceed the period of one (1) year , renewable by agreement of the parties to such agreement for successive (1)-year periods.
one of the management In the event the of termination the Association shall enter into 4 new as provided herein, agreement, management agreement with a new management agent prior to the effective date Any decision to establish of the termination of old management agreement.
self-management by the Owners Association shall require the prior consent of are Units which have Association.
at Owners of Units to which at least sixty-seven percent (67%) of the votes allocated and the approval of first mortgage holders holding mortgages (51%) of least fifty-one percent on the votes of the the individual Condominium Units and a whole.
All taxes, assessments and charges 7.9 TAXES, ASSESSMENTS AND CHARGES.
the First Mortgage under which may become liens prior to relate only to Project as local law shall not to the Condominium - 39 VOL" PAGE 83213 0363 8.1 ARTICLE VIII MISCELLANEOUS PROVISIONS AMENDMENTS TO DECLARATION; APPROVAL OF OWNERS AND MORTGAGEES.
8.
relate only to Project as local law shall not to the Condominium - 39 VOL" PAGE 83213 0363 8.1 ARTICLE VIII MISCELLANEOUS PROVISIONS AMENDMENTS TO DECLARATION; APPROVAL OF OWNERS AND MORTGAGEES.
8.
The consent of the Owners of Unite to which at least sixty-seven percent (67%) of the votes in the Association are allocated and the approval of First Mortgagees holding mortgages on Units which have at least fifty-one percent (51%) of the votes of Units subject to mortgages shall be required to add or amend any material provisions to this Declaration or to the By-Laws including these provisions, provide for, govern or regulate any of the following: (1) Voting; (2) Assessments, absessment liens or subordination of such liens; (3) Reserves for maintenance, repair and replacement of the Common Elements; (4) Insurance or fidelity bonds; (5) Rights to use of the Common Elements; (6) Responsibility for maintenance and repair of the Units and Common Elements; (7) Expansion of the Project, except as provided in Paragraph 2.11 herein; (8) Boundaries of any Unit; (9) Convertibility of Units into Common Elements, or Common Elements into Units; (10) Leasing of Units; (11) Imposition of any right of first refusal or similar restriction on the right of a Unit Owner to sell, transfer, or otherwise convey his Unit; or (12) Any provisions which are for the express benefit of first mortgage holders, insurers, or guarantors of first mortgages.
b.
The consent of Owners of Units to which at least Nixty-seven percent (67%) of the votes in the Association are allocated and the approval of First Mortgagees holding mortgages on PAUL 53213 0964 <- 40Units which have at least sixty-seven percent (67%) of the votes of Units subject to Mortgages, shall be required to: : In addition to
l of First Mortgagees holding mortgages on PAUL 53213 0964 <- 40Units which have at least sixty-seven percent (67%) of the votes of Units subject to Mortgages, shall be required to: : In addition to (1) partition or subdivide any Unit.
the approval of the Owner any mortgage holder, if any, must be obtained; (2) by act or omission, seek to abandon, partition, subdivide, encumber, or transfer the Common Elements, other than the granting of easements for public utilities or other public, uses except where a greater percentage is required, as provided in Paragraph 3.2 hereof, or by the Act; or (3) use hazard insurance proceeds for losses to any condominium property for other than the repair, replacement or reconstruction of such property, except as provided by statute in the case of substantial loss, and as provided in Paragraph 6.lb(3).
C.
The of Units to which at least one of Owners consent hundred percent (100%) of the votes of the Association are allocated and оп Units the approval of First Mortgagees holding mortgages which have at least sixty-seven percent (67%) of the votes of Unite subject to mortgages shall be required to terminate or abandon the condominium status of the Project by act or omission, except where a different percentage ia mandated by the Act in the event of termination due to destruction or condemnation.
d. Any amendment which would change the percentage or fraction of interest of the Unit Owners in the Common Elements, will require the consent of Owners of one-hundred percent (100%) of the in the Association and of the approval Mortgagees holding mortgages on Units which have at least fifty-one percent (51%) of the votes of Units subject to mortgages.
votes c.
allocated First 8 written request to Any First Mortgagee who receives
gagees holding mortgages on Units which have at least fifty-one percent (51%) of the votes of Units subject to mortgages.
votes c.
allocated First 8 written request to Any First Mortgagee who receives approve additions or amendments to the Declaration or By-Laws, and who does not deliver or post to the requesting party a negative response within thirty (30) days, shall be deemed to have approved The Association shall give timely written notice to all First Mortgagees of any proposed action which would require the consent of a specified percentage of First Mortgagees.
such request.
10L PAGE 8321 D - 41 f. Unless otherwise provided in this Paragraph 8.1 or elsewhere in this Declaration, any of the provisions herwin may be apended by the consent of Owners of Unita to which st least sixty-seven percent (67%) of the votes in the Association are allocated, provided that: (i) No amendment shall affect the rights given to herein, without the consent of the the Declarant, Declarant; (ii) No action to challenge the validity of an amendment adopted by the Association under this section or Paragraph 8.2 may be brought more than one (1) year after the amendment is recorded; and (11) To be effective, each amendment to the Declaration must be in writing, signed and acknowledged by the Board, indicating the required approval of such Owners and/or Mortgagees, or by the Declarant in the case of an amendment pursuant to Paragraph 8.2. Any such instrument shall be duly recorded in the Condominium Recorda of Dallas, Texas.
8.2 CORRECTION OF ERROR.
Declarant reserves, and shali have the Construction Period, without the continuing right, until the end of the consent of the other Owners or any Mortgagee to amend this Declaration or the
N OF ERROR.
Declarant reserves, and shali have the Construction Period, without the continuing right, until the end of the consent of the other Owners or any Mortgagee to amend this Declaration or the By-Laws for the purpose of resolving or clarifying any ambiguities or conflicts herein, or correcting any inadvertent misstatements, errors or omissions herein, or to comply with the requirements of Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, Veterans Administration or Federal Housing Administration.
8.3 OWNERSHIP OF COMMON PERSONAL PROPERTY. Upon termination of the Construction Period, as defined herein, Declarant shall execute and deliver a bill of sale to the Association transferring all items of personal property located on the Premises, furnished by Declarant, and intended for the common and enjoyment of the Condominium Unit Owners and occupants.
shall have any other interest and right thereto, and all such right and interest shall absolutely terminate upon the Owner's termination of possession of his Condominium Unit.
use No Owner - 42 VOL PAGE 2006 the holder of any 8.4 CHANGE IN DOCUMENTS. Upon written request, mortgage covering any of the Condominium Units shall be entitled to written notification from the Association thirty (30) days prior to the effective date Any change in said documents of any change in the Condominium documents.
during the time Declarant has control of the Association shall require the additional approval of the Veterans Administration.
8.5 NOTICE. All notices, demands or other notices intended to be served upon an Owner shall be sent by ordinary or certified mail, postage prepaid, addressed in the name of such Owner in care of the Unit number and Building
, demands or other notices intended to be served upon an Owner shall be sent by ordinary or certified mail, postage prepaid, addressed in the name of such Owner in care of the Unit number and Building address of such Owner. All notices, demands or other notices intended to be the Association, served upon the Board of Directors of the Association or or certified mail, postage prepaid, shall to 11020 be sent by ordinary Audelia, Suite 13104, Dallas, Texas, 75243, until such adoress is changed by a notice of address change duly recorded in Records.
the Dallas County Condominium Whenever the application 8.6 CONFLICT BETWEEN DECLARATION AND BY-LAWS.
of the provisions of this Declaration conflict with the application of any the Association, provision of the By-Laws adopted by application of this Declaration shall prevail.
the provisions or 8.7 INVALIDATION OF PARTS. If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word or the application thereof in any circumstance be invalidated, such invalidity shall validity of the remainder of this Declaration and provision, paragraph, sentence, not affect the the application of any clause, phrase or in word any other circumstance shall not be affected thereby.
8.8 OMISSIONS. In the event of the omission from this Declaration of any word, sentence, clause, provision or stipulation which shall be necessary for the accomplishment of the intent and purposes hereof, or any part hereof, then auch omitted matter shall be supplied by inference and/or by reference to the Act.
8.9 TEXAS CONDOMINIUM ACT, The provisions of this Declaration shall be in addition and supplemental to the Condominium Act of the State of Texas and to all other provisions of law.
8.10 CENDER.
That whenever used herein, unless the
provisions of this Declaration shall be in addition and supplemental to the Condominium Act of the State of Texas and to all other provisions of law.
8.10 CENDER.
That whenever used herein, unless the context shall otherwise provide, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders.
VOL PAGE 83213 0987 43 LOV 3. BLOCK A/813 4210 22010 CHURCH (M) ROAD BLOCE -0120 辉、 MERRIWOOD C4.3 72.00 300 2005 4660 DAIYE ~) متر LOT I BLOCK 136 154,544 26 30 FT. 13934 ACRES PAUL TATLOR CORP.
1830 ACRED BLACK BM SKILLMAN (T KOL1+00 STREET DURYS 1 L 05355 MY .
04°44' 10" 440. TV MA 3418 31 11' 430' • 1544 23720 i soror # 11° KIL' 3405 2 WITH I E 714 THE LEAG MAKE A 134 HT FINAL SURVEY 8222 CHURCH ROAD Trust Add CAT Block 36 P. 17 yrs, & 1322 And Tayber l'ap 2300 Niere C2 A MITIVS Dell, Tess 7523014-1500 Ay : WALL Deg Cassells COMMALLY'S SURVEYING SERVICE INC.
20620 SUITE 10 BALLAB, FB 78434 THE 240-1160 8327 " Drawn By Ден 1.20 Scoo Core 1593 19.40 my ov Orn And Tower Courown 12300 HUN Dears Tows DIN SH200 Sun 1124 Comally's Surveying Service Inc.
M you ar Doa TON D234 Sco 220-5 hours w KF/Song by downs FINAL mont CENCH ACAD SURVEY וט VOL PAGE 83213 0359 a to score 6 130703075 my of wife.o 0 245 ки 2/19 .
ਸਮ 2001 WH'IN YOR IMI RX Nex BOY tat oce MIC DRIVE face 000434 1771 -2111 „J CHURCH ROAD For now!
13.00 306' LaLowes May LEGAL DESCRIPTION STATE OF TEXAS H COUNTY OF DALLAS Whereas Powl Torber Corporation, is the over of a treet of land soused in the W.P.
WYCHE SURVEY, A-1521 Dallas County. Takes, new als being is City Bleck $12 Doll Texas, and being more particularly desorbed allow pollo the South A.D.W. less of Chura Road to ROW)
d soused in the W.P.
WYCHE SURVEY, A-1521 Dallas County. Takes, new als being is City Bleck $12 Doll Texas, and being more particularly desorbed allow pollo the South A.D.W. less of Chura Road to ROW) bring, ST 1.76.6 foot true of the MERRIWOOD APARTMENTS ADDITION, as addition to the City of Dallas Dallas County , Texas as recorded to Volume 77318, 3614 of the Dead Records of Dallas County , Texasi Thess. 05 343, dates of X. 0 foot to the bearing of a serve to the righ haring street of "'!" and are of 317.72 ; These rudd of 31,17 foot to a potal fat perher: The Fw.sance of 2.53 foot to the beginning of our to the ri baringstral sugic of of° 46'2" drades of $10.1 The did our havingtral set of 15 distance of 48.33 feet to the beginning of a curve to the left and roof. Joot Tammes around calde, disa of 28. De boot to poist for corner!
* Thence S... disse of 133, 87 best to the beginning of a curve to the bott bering a contral sale of " 48'17" and of 231.29 Those armandou a disc of 36.23 st to the beginning of ourve to the mist haring a contral gofri of 30.
The read our of 12.40 tot to a petal for cormer: The distance of 4.13 set to the beginning of curve to the last boring &ntral angle of "333" and radios of 436,27 loo The advice of 4.13 point of sorGHT; Thof 31. fent to the biglacing of the lett having crane of boards of 28.0 These ruudiste of 4,4 let to potal for corner in the northwesterly line of MERRIWOOD APARTMENTS ADDITION, and to the City of Dallas, Dallas County, Tens corded in Velu TT216, Page 2514 of the Dead Records of Dallas County, Texas TW. With the ADOPTION, distance of T. fost T&T westerly line of MERRTWOOD APARTMENTS post her server; of 104.48 bpoiler creat Thenew N. dia of 100, to post for ourbut The N. Ide of 171.10 point for server;
ith the ADOPTION, distance of T. fost T&T westerly line of MERRTWOOD APARTMENTS post her server; of 104.48 bpoiler creat Thenew N. dia of 100, to post for ourbut The N. Ide of 171.10 point for server; Thesse: M. I'W distance of 78, foot to a polat for ourner; TX, Madison of 14,00 foot to polet for corner!
Theme: N. 2.dians of 11.30 foot to a poist for server!
Thane: X. SW, & distance of 14.00 oo to a palal for cert The X. 2. distance of . to best to a potal for corneri The M. 2.distance of 148,00 to a potal for corner; The distance of 9. to patal for surer Tot be noted for vorer to the Bouth ROW' • Time of w of Laurel, of 172. B stalag 166, 5. square foot or PODIT OF REGNING and 3.2.
" da .9. (lly, a Replatured Public Suraphe, is handy cutify to resto dominium, Sone and to Southland Jill (al the plate and manalo namatay at the property as Lamined by an on the ground anyone under my direction and eisio quant to the completion of the comments on the 1924 day of October 1983.
The Lapal description and the naked {alibil & aurantially ispel the Locale of the building, the mile, then the me of the muts, and the building inscription by Lellan The Lines and sons of mid properly are as cicated on the plant; the Le chally within the property Lanes and stablished albach Lisancen as a There were no enchmarks onflicts, or provide on Un als of the way ancept as almon The property has access to a public wood The war has no lange of other visible enamus reghie of way, or other areas of card offaching the properly other im these shown This away was pealed in connection with the above wa Vas of the way for any other pornace on by ocios para shall be al cheen aish and ondareared is an asponsible to others for any Love aswelling tracenom D Carmily त
ve wa Vas of the way for any other pornace on by ocios para shall be al cheen aish and ondareared is an asponsible to others for any Love aswelling tracenom D Carmily त CONNALLY'S SURVEYING SERVICE INC.
10520 PLANO RD.
DALLAS, TEXAS (214) 340-1166 SUITE 100 75238 PAGE 63213 0971 SCALZ 1° 50' 10-19-83 05 02 A P. R.