Doc# 2804033656 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR VILLAGE ON THE GREENS TOWNHOMES (A Townhome Development) This DECLARATION OF COVENANTS) CONDITIONS, and RESTRICTIONS, is "Declarant"), and supersedes and replaces any prior covenants made by the Declarant.
WITNESSETH: WHEREAS, the Declarant is the owner of a certain tract of real property located in, Nueces County, Texas (the "Project Tract"), more fully described as follows: Lot 4, Block 27B, PADRE {SLAND-CORPUS CHRISTI, ISLAND FAIRWAY ESTATES, A Subdivision of the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat thereof recorded in Volume 63 _, Page 155 , Map Records of Nueces County, Texas.
WHEREAS, the Declarant desires to develdp’ and improve the Project Tract by constructing a townhome project to be known’as the VILLAGE ON THE GREENS TOWNHOMES consisting of seventeen.(17) Townhomes built on the designated Townhome Sites shown on the recorded plat of the Project Tract. The Plat of the Project Tract is attached as Exhibit “A” and made a part hereof for all purposes, and WHEREAS, the Declarant desires to ensure the preservation of the value of the townhome project and provide for the maintenance of the common area, and to this end desires to subject the Project Tract to the covenants, restrictions, easements, charges, and liens hereinafter set forth, NOW, THEREFORE, Declarant declares that the Project Tract is and shall be held, transferred, sold, conveyed, occupied, and\enjoyed subject to the following covenants, restrictions, easements, charges, and‘liens and shall hereafter be subject to thejurisdiction and assessments of the Village on the Greens Townhomes, Inc., to-wit!
subject to the following covenants, restrictions, easements, charges, and‘liens and shall hereafter be subject to thejurisdiction and assessments of the Village on the Greens Townhomes, Inc., to-wit!
1. Certain Definitions. The following words, when used in this Declaration, in any amendment or supplementary declaration, or the attached By-laws (unless the context shall otherwise clearly indicate or prohibit), shall have the following meanings: a. “Association” means the Texas non-profit corporation organized under the name of the “Village on the Greens Townhomes, Inc.," of which all Townhome Site Owners oa shall be members, and which corporation shall administer the operation and management of the Project Tract.
“Board” means the Board of Directors of the Association.
‘Townhome Site" means and refers to the’seventeen (17) defined tracts of tand shown as Townhome Sites 101 through117 on the recorded Plat. The walls ofa Townhome Site constructed on a Townhome Site boundary lines are designated as boundaries of a Townhome Site (the interior boundary walls are sometimes referred to as “Party Walls”). Notwithstanding this designation, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, and any other materials constituting part of the finished surfaces on the interior side of a boundary wall or Party Wail are a part of the Townhome Site.
"Townhome Site Owner" means the record title owner, whether one or more persons or entities, of the fee simple title of a Townhome Site. It shall not include those having such interests merely as security for the performance of an obligation, and shall not mean or refer to any mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure of a lien on a Townhome Site
y as security for the performance of an obligation, and shall not mean or refer to any mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure of a lien on a Townhome Site held by the mortgagee.
"Bylaws" means the Association's Bylaws attached\ hereto as Exhibit "B" and incorporated herein by reference.
"Common Area” means ail real property owned by the Association for the common usevand enjoyment of the Townhome Site*Owners, and includes all of the Project Fract save and except the Townhome Sites: "Common Expense Liability" means*and includes all expenditures made and liabilities incurred by the Association for maintenance, repair, operation, management, and administration of the Common Area; all expenses declared common expenses by this Declaration or the Bylaws; and all sums lawfully assessed by the Association against the Townhome Site Owners, including all amounts assessed against a Townhome Site Owner for repairs made by the Association as a result of a Townhome Site Owner's failure to maintain his or her Townhome Site or as a fine against such Townhome Site Owner.
"Declaration" means this particular instrument together with any and all amendments or supplements.
"Disposition" means a voluntary transfer to a purchaser of any legal or equitable interest in a Townhome Site but does not include the transfer or release of a security intérest.
“Plat"means the plat of the Project Tract recorded in Volume 63_, Page 155 of the Official Real Property Records of Nueces,County, Texas, and shall also include the recorded re-plats showing the final location of all improved Townhome Sites in the event any of the planned Townhome:Sites which have not been completed at the time of the filing of this Declarationyare not constructed within the Townhome
cation of all improved Townhome Sites in the event any of the planned Townhome:Sites which have not been completed at the time of the filing of this Declarationyare not constructed within the Townhome Site boundaries as shown on the original Plat.
"Special Declarant Rights" means rights reserved for the benefit of the Declarant to exercise the following.
(1) The option to maintain townhome models, sales staff, management, and offices on the Project Tract, together with signs advertising the project.
(2) Use of the Common Area as an easement for the purpose of making and/or maintaining improvements within the Project Tract.
Association prior to the first meeting of the Board.
(4). The right to complete the construction,of Units 111 through 117 as planned or as modified by the Declarant, provide that if modified: (a.) the total number of Townhome Sites within the Project Tract may not exceed seventeen; (b.) the general design and appearance of the planned Townhomes must conform tothe completed Townhomes in Building Site A and Building Site B as shown on the Plat; (c.) and that the location‘ef the exterior walls of planned Building Site C and planned Building Site D may not vary by more than five (5) feet from their original location as shown on Plat unless the greater variation is approval by a majority vote of the Board of Directors of the Association.
(5) The right to build a swimming pool, cabana, streets, sidewalks, curbs, gutters, and other amenities within the Common Area and dedicate them to the Association.
All of the Declarant’s Special Declarant Rights are assignable, and may be exercised by the Declarant or the Declarant’s heirs, successors, or assigns.
ommon Area and dedicate them to the Association.
All of the Declarant’s Special Declarant Rights are assignable, and may be exercised by the Declarant or the Declarant’s heirs, successors, or assigns.
2. Disposition. | As shown on the Plat, the ProjectTract shall contain seventeen (17) numbered Townhome Sites. Each Townhome, Site Owner will own his respective Townhome Site, and all of the Townhome Sites shall be individually conveyed and encumbered and may be the subject of ownership, possession, sale, or disposition as-ifut were entirely independent of the other Townhome Sites of which it forms a part.
3. Conveyance of Common Area and Prohibition of Partition. That portion of the Project Tract shown as “Common Area” on the Plat is hereby granted, sold and conveyed by the Declarant, as Grantor, to the Association, as Grantee, subject to all recorded easements and restrictions including the covenants, conditions, and restrictions contained within this Declaration. No portion of the Common Area may be the object of an action for partition or division of co-ownership so long as the Project Tract is suitable for and used as a townhome project.
pro-rata towards the Common Expense Liability of the project. The Common Expense Liability includes the cost of the administration, maintenance, and repairs of the Common Area and other expenses or assessments provided by this Declaration or agreed upon by the Board according to the By-laws. Each Owner's percentage of the Common Expense Liability shall be a fraction calculated by using the Owner's number of completed Townhome Sites as the numerator and the number of completed Townhome Sites in the
r's percentage of the Common Expense Liability shall be a fraction calculated by using the Owner's number of completed Townhome Sites as the numerator and the number of completed Townhome Sites in the Project Tract on, the date of the Common Expense Liability assessment as the denominator, Fhe Common Expense Liability percentages for all Townhome Site Owners shall be re-calculated upon the completion of the planned Townhome Sites. A planned Townhome Site shall be considered completed*for purposes of assessment when its’ c€rtificate of occupancy is issued by the City‘of Corpus Christi.
No Townhome Site Owner shall be exempt from contributing their percentage of the Common Expense Liability by waiver of the use of the Common Area or by abandonment of the Owner's Townhome Site.
5. Maintenance Responsibilities. Notwithstanding the ownership of the Townhome Sites by the Townhome Site Owners and the ownership of the Common Area by the Association, the provisions of the Bylaws shall govern the division of maintenance and repair responsibilities between the individual Townhome Site Owners and the Association.
6.) Use of Townhome Sites. Each.TFownhome Site shall be used for residential purposes or such other uses permitted by this Declaration, and for no other Purposes. These restrictions shall not bé construed in such a manner as to prohibit a Townhome Site Owner from conducting any of the following activities: (a) maintaining his personal or professional library; (b) keeping his personal business or professional records or accounts; (c) handling his personal business or professional telephone calls or correspondence, which uses are expressly declared customarily incidental to the principal residential use and not in violation of the residential restriction; or
ess or professional telephone calls or correspondence, which uses are expressly declared customarily incidental to the principal residential use and not in violation of the residential restriction; or (d) rentingsor leasing his Townhome Site in strict compliance with the Declaration, Bylaws, and Rental Policies adopted by the Board from time to time.
No,Townhome Site Owner shall use his or her Townhome Site or the Common Elements in any manner inconsistent with thecpUrpose of the Townhome Documents, or ingany manner that, in the sole judgment.ofthe Board, annoys, interferes, or impair the rights of another Townhome Site Owner in the use and enjoyment of their Townhome Site or the Common Elements. Notwithstanding the foregoing, the Declarant shall have the right to retain and dedicate one (1) Townhome Site for use as a sales model, office, and other business use related to the Townhomes, may engage employees, agents, or independent contractors to effectuate sales, or such other business uses, and may allow such employees, agents or independent contractors.to‘reside in, and/or conduct business from.the designated sales site.
7. Completion of Planned Townhome.Sites. It is the intention of the Declarant:to complete the construction of the planned. Townhome Sites in Building Site C and.Building Site D as shown on the Plat within three (3) years of the recording of this Declaration.
The completion date may be extended, however, with the unanimous written approval of the Board. Upon completion, the ownership of a planned Townhome Site shall be subject to this Declaration and the attached By-laws as if they were completed on the date of this Declaration. Any contract or other instrument relating to the acquisition, ownership,
e Site shall be subject to this Declaration and the attached By-laws as if they were completed on the date of this Declaration. Any contract or other instrument relating to the acquisition, ownership, conveyance, transfer, lease, or encumbrance of a planned Townhome Site shall legally describe it byreferencing its identifying number and the recording data for the Plat. Every such description shall be good and sufficient forall purposes to acquire, own, convey, transfer, lease, encumber or otherwise deal/with any planned Townhome Site, and. any such description shall be considered to include all incidents of ownership relating tort, The Declarant must file a re-plat of the Plat in the plat records of the Nueces County, Texas, showing the final location and identity of each of the completed Townhome Sites in Building Site C and Building Site D if the location of the boundary walls vary from what is shown on the original Plat. The re-plat(s), if any, shall be valid if they are executed only by the Declarant, and shall be binding without their written consent of any other party, including the Association, the Townhome Site Owners, or any Townhome Site’s mortgagee. Notwithstanding the .Declarant’s authority to bind all interested.parties, the Association, each Townhome’ Site Owner, and each Townhome Site's mortgagee does hereby irrevocably constitute and appoint the holder of the Special Declarant’s Rights as their true and tawful attorney and agent in fact with the full power and authority in their name, place and‘stead to prepare, execute, swear to, acknowledge, deliver and file in the Official Real Property Records of Nueces County, Texas, any replats required by this Declaration.
8. Damage and condemnation. If the Project Tract or any townhome
cknowledge, deliver and file in the Official Real Property Records of Nueces County, Texas, any replats required by this Declaration.
8. Damage and condemnation. If the Project Tract or any townhome constructed on a Townhome Site is total or partially damaged or destroyed, or totally or partially taken by eminent domain, the repair, reconstruction, or disposition thereof shall be as provided.by the By-laws.
9. .Encroachments and Utility Easements. -lf any portion of the Common Area or any,“utilities, including water, sewer, gas,‘telephone, electric, or cable television encroaches upon a Townhome Site, an.easement is hereby granted and conveyed. for the encroachment and its maintenance, so long as it is deemed necessary by the Board.
By virtue of this easement it shall be permissible for the Association or the company providing the utility to install, erect and maintain all necessary pipes and conduits underground and other necessary equipment at or below grade on the Project Site and to affix and maintain utility wires, circuits, pipes and conduits on, above, across and under the roofs and exterior walls of the Townhome Sites, and install meters and shutoffs at or inside the Townhome Sites. Any existing or new sewer lines, electrical lines, water lines, or other utilities may be installed or relocated on the Project Site with a majority vote of the Board: Further, should any utility furnishingsa service request a specific easement by a separate recordable document, the Board)-by a majority vote, has the right to grant such an easement without the consent of any Townhome Site Owner or its mortgagee.
Until all the townhomes, improvements and other facilities are constructed, and in the event any portion of a townhome constructed on a Townhome Site is partially or
nhome Site Owner or its mortgagee.
Until all the townhomes, improvements and other facilities are constructed, and in the event any portion of a townhome constructed on a Townhome Site is partially or totally destroyed, and then rebuilt or reconstructed, an easement shall exist for any resulting construction or encroachments and such easements are hereby reserved for Declarant, all Townhome Site Owners, and the Association and such easements for construction and encroachments shall extend to all Townhomie:Sites and Common Areas.
10. Party Walls. Each wall which is built as part of the original construction of the townhomes and placed on the dividing line of two Townhome Sites shall constitute a Party,Wall, and, to the extent not inconsistent:with the provision of this Declaration, the general rule of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply to each Party Wall. Notwithstanding the forgoing, the following rules shall apply to all Party Walls: (a) Except as provided in the following Paragraph 18, no Townhome Site Owner shall cut through or make any penetration through a Party Wall for any purpose whatsoever.
(b) If a-Party Wall is destroyed or damaged by-fire or other casualty, then, to the. extent that such damage is not covered‘by insurance and repaired out of the proceeds of the same, a Townhome Site Owner who has used the wall may restore it, and if the other Townhome Site Owners thereafter make use of the wall, they shall contributé’to the cost of restoration thereof in equal proportions without prejudice; however, to the right of the restoring Townhome Site Owner to call fora larger contribution from the other under
l contributé’to the cost of restoration thereof in equal proportions without prejudice; however, to the right of the restoring Townhome Site Owner to call fora larger contribution from the other under any rule of law regarding liability for negligence or willful acts or omissions.
11. Association Membership and Board of Directors. Each Townhome Site Owner shail automatically become a member of the Association, and shall remain a member thereof until such time as his or her Townhome Site ownership ceases for any reason, at which time his or her membership in the Association shall automatically cease.
The Association shall elect from among its members a Board of Directors to consist of not more than three (3) members who shall serve in such office without pay or compensation for such terms as specified in the By-Laws or until their successors are duly elected in accordance with the provisions of.the By-Laws. The Board of Directors shall'manage and govern the affairs of the Association, and it shall have such powers, functions, authority, duties, obligations and responsibilities as provided in this Declaration and as specified in the Bylaws.
12. Bylaws. The government and administration of the Project Tract shall be in accordance with this Declaration and the Bylaws.
13. Sanctions. Each Townhome Site Owner, tenant or occupant of any Townhome Site shall comply with the provisions of this Declaration, the Bylaws, Rental Guidelines, and other decisions or resolutions of Board, as lawfully amended from time to time, and failuréto comply with any such provisions, decisions, or resolutions shall be grounds forsan action to recover sums due for damages and/or for injunctive relief by the Association acting through the Board or by any:tGwnhome Site Owner.
isions, decisions, or resolutions shall be grounds forsan action to recover sums due for damages and/or for injunctive relief by the Association acting through the Board or by any:tGwnhome Site Owner.
14. Amendments. This Declaration’may be amended by: (a) The exercise of the Special Declarant Rights in compliance with the definitions and Paragraph seven (7), (b) A vote or agreement of the Townhome Site Owners to which at least sixty seven percent (2/3rds) of the votes in the Association are allocated L (c) The Declarant, provided the Declarant owns all of the completed Townhome Sites at the time of the amendment, (d) The Board with a 2/3rds vote may amend,the Declaration in any manner necessary to meet the requirements of the,\Veteran's Administration ("VA"), the Federal Housing Administration ("FHA"), the Federal National Mortgage Association ("FNMA"), the FederalsHome Loan Mortgage Corporation ("FHLMC") or the Department of Hotising and Urban Development (“HUD”), or (e) The unanimous vote of thé Board to correct a grammatical drafting omission or mistake that) is vital, necessary, or expedient for the accomplishment or interpretation of the purposes and intents of this Declaration 15. Assessments. All Townhome Site Owners are bound and obligated to contribute monthly, or as otherwise periodically assessed by the Association, their Common Expense Liability percentage of the expenses of administration, upkeep, maintenance, repair and insuring of the Common Area, and of any other valid expense or charge assessed pursuant to authority given by this Declaration or the By-Laws. Each assessment, shall become due and payable within ‘ten days from the date such assessment is made unless otherwise specified «in2the Bylaws or the provisions of the
this Declaration or the By-Laws. Each assessment, shall become due and payable within ‘ten days from the date such assessment is made unless otherwise specified «in2the Bylaws or the provisions of the assessment, and such assessments are hereby*secured by a lien against the respective Townhome Sites.
16. Assessment Liens. An assessment levied by the Association is a personal obligation of the Townhome Site Owner and is secured by a continuing lien on the Owner's Townhome Site and on the rents and insurance proceeds received by the Townhome Site Owner relating to the Townhome Site. By acquiring a Townhome Site, a Townhome Site Owner hereby grants to the Association a power of sale in connection with and in enforcement of the Association's lien. The priority and the Associations foreclosure of its lien shall be as follows: (a) The Association's lien for assessment& is created by recordation of this Declaration which shall constitute record notice and perfection of the lien.
No other recordation of a lien or noticé of the Association’s lien is required.
(b) By written resolution of 2/3rdsCof the Board of Directors of the Association, the Board may appoint, from time to time, an officer, agent, trustee, or attorney for the Association to exercise the power of sale on behalf of the Association.
(c) The power of sale and non-judicial foreclosure of the Association's lien shall be exercised as provided by Section 51.002 of the Texas Property Code.
The debt secured by the Association's lien for delinquent assessments shall include all interest on the delinquent assessment at the highest rate permitted by law, together with costs of collection and all reasonable attorney's fees incurred as a result of its enforcement.
ll include all interest on the delinquent assessment at the highest rate permitted by law, together with costs of collection and all reasonable attorney's fees incurred as a result of its enforcement.
Association's lien shall be subordinate,.secondary, and inferior to: (1) all valid liens for taxes or special assessments levied by the city, county, and the state, or any political subdivisioror special district thereof; and (2) valid voluntary liens against the Owner's Townhome Site securing amounts dué or to become due under a noteyor contract secured by a recorded deed‘of trust or mechanic’s lien contract filed for record prior to the date payment of such assessment for common expenses or fines become due.
(e) Involuntary liens as evidenced by abstracts of judgments are not subordinate to the Association's lien.
(f) The Association shall have power to bid at the foreclosure sale, and to acquire, hold, lease, mortgage and convey the Townhome Site on behalf of Association. Any unpaid balance of the Assessment remaining after application of the foreclosure proceeds shall be deemed to be common expenses collectible on a pro-rata basis from all of the Townhome Site Owners, including the purchaser at the foreclosure sale.
17. Insurance The Board may, upon a 2/3rd8 vote, resolve to obtain and continue in effect blanket property insurance to insure’the buildings and the Townhome Site Qwners against risks of whatever character.deemed appropriate by the Board. The Board’s authority to purchase insurance shall be without prejudice to the right of each Townhome Site Owner to: (a) obtain additional insurance to insure his or her own Townhome Site on his or her own account and for his or her own benefit, or
ll be without prejudice to the right of each Townhome Site Owner to: (a) obtain additional insurance to insure his or her own Townhome Site on his or her own account and for his or her own benefit, or (b) obtain homeowners, windstorm, flood and any additional insurance deemed necessary by the Owner in the event the Association resolves not to obtain blanket property insurance or is unable to collect the insurance assessments necessary to pay the blanket insurance premium.
All blanket property insurance may be written in the name of the Association or any person designated-by the Board for the benefit of each Townhome Site Owner and their mortgagee, if_any, and such Owners and their mortgagees shall be beneficiaries of the policy eventhough not expressly named. The cost‘and premiums for the blanket property insurance coverage shall be a Common Expene Liability to be assessed as determined by the Board, but may be billed directly teach Townhome Site Owner or their respective mortgagee by the insurance company’s agent. In case of fire or other disaster or damage to or destruction of any property subject to this Declaration, the insurance proceeds and any insurance fund and any earnings thereon, shall be applied or disbursed, and the repair, reconstruction, or disposition of such property and the obligations of the Townhome Site Owners shail be as provided for by the Bylaws.
18. Restrictions on Improvements or Alteration-of Townhomes: No building, fence, wall, patio or balcony enclosure, antenna, satellite dish, awning, hurricane shutters, door-erwindow replacement, or other structural change or alteration to the exterior of any Fownhome Site or landscaping may be made until the plans and specifications showing
ning, hurricane shutters, door-erwindow replacement, or other structural change or alteration to the exterior of any Fownhome Site or landscaping may be made until the plans and specifications showing the nature, kind, shape, height, materials, color and locations of the same have been Submitted to and approved by a 2/3rds vote of the Board. All draperies or window covering material to be installed by an Owner in the Townhome Site shall be a white or beige color or of such other color as may be approved by 2/3rds of the Board. Placement of any reflective or other material in the windows of the Townhome Site (other than interior draperies) is prohibited. The Board shall have full discretion to approve or disapprove the submitted plans, but under no conditiong shall the Board approve any alterations, decorations, or modifications which would JeOpardize or impair the soundness, safety, value, or appearance of the Townhome Project.
Owners may, on a temporary basis only, erect such screening or other partitions as may be necessary to prevent breakage of glass doors or windows due to an approaching hurricane or sever windstorm, but such materials must be promptly removed following the passage of such a storm.
In the event the Board of Directors fails to approve or disprove any alteration, decoration, or modification of design and location within forty five (45) days after the plans and specifications have been submitted to it, approval will not be required and compliance-with this paragraph will be have been deemed met provided that such improvement or alteration is: {a.) cosmetic in nature, (b.) does not impair the structural integrity or mechanical systems or lessen the support of any portion of thé ‘adjoining Townhome Site or the Common Elements,
alteration is: {a.) cosmetic in nature, (b.) does not impair the structural integrity or mechanical systems or lessen the support of any portion of thé ‘adjoining Townhome Site or the Common Elements, (c.) conflict with the uniform appearance of the Townhome Site project, or (d.) impair the drainage of the Project Tract.
10 After acquiring two or more adjoining Townhome Sites, the Townhome Site Owner may, with notice’to the Board but without the necessity ofthe Board's approval, remove, alter, and‘create apertures in the Party Wall for thepurpose of creating a private ingress and«égréss between the Owner's Townhome Sites, provided those acts do not impair the structural integrity or mechanical systemscor lessen the support of any portion ofsany adjoining Townhome Site or the Common Elements.
19. Written Notice Required. All notices, communications and remittances to the Board shall be sent to it at its mailing address as it may be established from time to time.
All Townhome Site Owners shall be given written notice of any change in the Board's mailing address.
20. Severance In the event any of the declarations or provisions hereof shall be finally held invalid,or unenforceable by any Court of competent jurisdiction, the same shall not affect the-validity or enforceability of any of the other provisions of this Declaration. If any declaration or provision herein contained. Shall be susceptible of two or more intefpretations, the interpretation which shall most nearly be in accord with the purposes and intents hereof shall govern.
DATED and EXECUTED as of the date first written above.
THE STATE OF.TEXAS COUNTY OF(NWECES This ‘instrument was acknowledged before mé.on the*Sipday of June, 2004 by James F. Maxiner, President of Isla Properties, Inc, a Texas Corporation.
written above.
THE STATE OF.TEXAS COUNTY OF(NWECES This ‘instrument was acknowledged before mé.on the*Sipday of June, 2004 by James F. Maxiner, President of Isla Properties, Inc, a Texas Corporation.
UBLIC, STATE OF TEXAS VIVIAN SIMS Notary Public, State of Texas My Commission Expires BENS June 27, 2007 PREPARED IN THE LAW OFFICE OF ine MICHAEL J. SHELLY, P.C.
Attorney at Law 5102 Holly Road, Suite A Corpus Christi, Texas 78411 11 Unofficial Copy EXHIBI7 Plat of Padre Jeband-Corpur Cristi Island Fairway Estates Block 27B, Lot 4 مهمة jal Copy Unofficial Copy = jal Copy jal Copy 20-2 Dia Unofficial Copy official 147110W 200 Thae 1530 421,23 Padre Island Drive 1421721 181.32 noticia CO wat fal & Black بر ر بعيدة مدب 151 استار به Y-NEA 58043-30 118 76 Сомо V63 P155 LOCATION MAP NTS Unofficial Con Unofficial Cop ست yof Do 15fUVE PLE y ht LAFLE June Toff 200105020 Cl 1:20 Court DT يك 04 29 2004 15:25 ER SANJACINTOTITLE 04-066 Cringe FURBAN BATE E Παράρ ENGINEERING мо 3618843802 TO 8888732 P.01/01 Unofficial Cop Exhibit "B" BY-LAWS OF THE VILLAGE ON THE GREENS TOWNHOMES ARTICLE 1: ADMINISTRATION OF.THE TOWNHOME PROJECT ARE FL ADNNTS TRATION OFSTHE TOWNHOME PROJECT 1.01 Administration. The Village’on the Greens Townhomes, a Townhome Project, located in the city of Corpus Christi, Nueces County, Texas, shall be administered by the Board of Directors (the “Board") of a Texas non-profit corporation organized under the name of the “Village on the Greens Townhomes, Inc.” (the "Association"). The Board of the Association shall be responsible for the management, maintenance, operation, and administration of the Townhome Project, the Common Area, and the easements appurtenant thereto in accordance with the Declaration, these
be responsible for the management, maintenance, operation, and administration of the Townhome Project, the Common Area, and the easements appurtenant thereto in accordance with the Declaration, these Bylaws, the Articles of Incorporation of the Association, the duly adopted Rules and Regulations of the Board, and the laws of the State of Texas (collectively the "Townhome Documents"). Owners in the Townhome Project and all persons using or entering upon or acquiring any interest in any Townhome Site shall be subject to the provisions and terms of the Townhome Documents.
1.02 Association Meetings. Meetings of the Association must be held at least once each year. Special meetings of the Association may. be called by the president, a majority ofthe Board, or Owners having at least_20 percent of the votes in the Association. “The first meeting of the Association willbe held no later than the thirty-first (31%) daycafter ownership of seven (7) Townhotne’Sites become vested in persons or entities other than Declarant. The meeting willbe called by the first Board of Directors!
Untilthe first Association meeting, the affairs-of the Association shall be managed by the first’ Board of Directors named in the Articles of Incorporation of the Association.
Meetings of the Association and Board must be open to all Owners, subject to the tight of the Board to adjourn a meeting of the Board and reconvene in closed executive session to consider actions involving personnel, pending litigation, contract negotiations, enforcement actions, matters involving the invasion of privacy of an Owner, or matters that are to remain confidential by request of the affected parties and agreement of the Board. The general nature of any business to be considered in executive session must
acy of an Owner, or matters that are to remain confidential by request of the affected parties and agreement of the Board. The general nature of any business to be considered in executive session must first be announced at the open meeting.
1.03 Notice of Association Meetings. Notice of time, place, and subject matter of all meetings will be mailed to each Owner at the address given by the Owner to the Association for notices. if any Owner fails to give an address to the Association, all notices will be sent to the address of the Owner's Townhome Site, and such Owner shall be deemed to have been given notice of the meeting irrespective of actual receipt of the mailed notice.
1.04 Membership Voting. Membership in the Association and voting by members of the Association shall be in accordance with the following: (a) Each Townhome Site Owner shall be a member of the Association and no other person or entity shall be entitled t6 membership. No Owner shall be required to pay any consideration for his membership in the Association.
(b) Each completed Townhome Site shall be entitled to one (1) vote. The total number of votes in the Association is subject to change from time to time resulting from the Declarant’s Special Declarant Right to complete the planned Townhome Sites. If two or more Townhome Sites are connected as provided in Paragraph 18 of the Declaration, the resulting Townhome Site shall still be entitled to the original votes allocated to each original Townhome Site. No votes shall be allocated to planned Townhome Sites until their completion.
(c) No Owner, other than Declarant, shail be entitledto vote at any meeting of the Association until the Owner has presented a copy of the Owner's deed to the Secretary of the Association.
completion.
(c) No Owner, other than Declarant, shail be entitledto vote at any meeting of the Association until the Owner has presented a copy of the Owner's deed to the Secretary of the Association.
(d) If titte to a Townhome Site is in the name of two or more persons as Owners, any one of the Owners may vote as Owfier of the Townhome Site at any meeting of the Association. The Owner's vote-shall be binding on the other Owner(s) who are not present at the meeting unless-written notice to the contrary from anyother Owner of the Townhome Site has)been received by the Association priorsto the meeting. In that event the unanimous action of all the Owners of the Townhome Site (in person or by proxy) shall be required to cast their vote as Owners. If two or more of the Owners of a Townhome Site are present at any meeting of the Association, then unanimous action shall also be required to cast their vote as Owners. Multiple Owners are in unanimous agreement if one of the multiple Owners casts the votes allocated to their Townhome Site and none of the other Owners present at the meeting makes prompt protest to the person presiding over the meeting.
(e) The presence at the beginning of the meeting, in person or by proxy, of Owners qualified to vote and representing fifty one percent (51%) of the completed Townhome, Sites shall constitute a quorum for holding any meeting of the Association.’ If a quorum is not present or represented at the beginning of the meeting,)the Owners then present in person or represented by proxy shall have the. power to adjoum the meeting from time. to time, without notice other than announcement at the meeting, until a quorum)shall be present or represented. At the adjourned meeting at which a quorum.Shall be present or represented by proxy
ime. to time, without notice other than announcement at the meeting, until a quorum)shall be present or represented. At the adjourned meeting at which a quorum.Shall be present or represented by proxy any business may be transacted which*might have been transacted at the original meeting.
(f) Votes at all Association meetings may only be cast in person or by proxy.
Proxies must be filed with the Secretary of the Association at or before the appointed time of each meeting. No proxy shall be valid after eleven (11) months from the date of it’s execution, unless otherwise specifically provided in the proxy.
(g) When a quorum is present at any meeting of the Association, the vote of a majority (fifty-one percent [51%]) or more of the Owners qualified to vote and present in person or represented by proxy at the meeting shall decide any question brought before the meeting, unless the question is one upon which by express provision of the statutes, the Declaration, or these Bylaws, a different percentage vote is required, in which case such express provision shall govern and control the decision of such question. Owners present in person or by proxy at a duly organized .meeting of the Association may continue\to transact business until adjournment, notwithstanding the withdrawal of enough Owners to leave less than a quofum.
(h).At all meetings of Owners cumulative voting shall not be permitted.
1.05 Books. The Association shall keep or cause to be maintained bya qualified accounting/bookkeeping firm or qualified real estate property managementéfirm, detailed financial records that comply with generally accepted accounting principals-and that are sufficiently detailed to enable the Association to account for:
real estate property managementéfirm, detailed financial records that comply with generally accepted accounting principals-and that are sufficiently detailed to enable the Association to account for: (a) all expenditures and receipts for the administration of the Townhome Project, (b) the maintenance and repair expenses of the Common Area and any other expenses incurred by or on behalf of the Association and Owners, (c) the Subdivision’s Resale Certificate prepared under Sections 207.001 and 207.003, Disclosure of Information by Property, Owners’ Association, of the Texas *Property Code, (d) thehame and mailing address of each Townhome Site Owner, Subdivision Documents, (f) invoices for attorney's fees and“other costs itemized so as to relating, to “all matters for which the Association seeks reimbursement of fees and costs, and (g) minutes of meeting of the Association and Board.
The financial and other records of the Association shall be reasonably available at the office of the treasurer for examination by a Townhome Site Owner and the Owner's authorized agents. An attorney's files and records relating to the Association are not records of the Association and are not subject to inspection by Townhome Site Owners or production in a legal proceeding.
1.06 Association's Banking Account: All Assessments, attorney's fees, costs, and other amounts collected from the Owner(s) shall be deposited into an account maintained at a¢financial institution in the name of the Association. Only officers of the Association,-members of the Board, the Association's managing agent, or employees of the Association’s managing agent may be signatories.on the account.
e name of the Association. Only officers of the Association,-members of the Board, the Association's managing agent, or employees of the Association’s managing agent may be signatories.on the account.
1:07 Annual Audit: Unless requested by a 2/3” vote of the Board, the Association shall not be required to obtain an-annual independent audit of the records. (If requested, however, all annual audits shall be Common Expense Liability.
1.08 Owner Information: Not later than the 30" day after the date of acquiring an interest in a Townhome Site, and not later than the 30" day after the date any of the required information changes, the Townhome Site Owner shall provide the Association with: (a) the Townhome Site Owner's mailing address, telephone number, and driver’s license number, if any, (b) the name and address of the holder of any lien against the Townhome Site, and the lender’s loan number (c) thesname and telephone number of any person occupying the Townhome Site other than the Owner, and (d) the name, address, and telephone number of any person managing the Townhome Site as agent of the Owner.
1.09 Qualification of Board Members.-Each member of the Board of Directors of the.Association must be a member of the Association or a designated representative of such member if the member is a corporation, partnership, or other legal entity, with’the exception of the first Board of Directors (and any replacement directors selected by Declarant prior to the first meeting of the Association) designated in the Articles of Incorporation of the Association. The number of directors will be three (3), but the number of directors may be increased or decreased from time to time by amendment to these Bylaws, provided, however, that the number of directors shall never be less than
rs will be three (3), but the number of directors may be increased or decreased from time to time by amendment to these Bylaws, provided, however, that the number of directors shall never be less than three (3). An amendment to decrease the number of directors may not shorten the term of any incumbent director.
1.10 Election of Directors. Directors shall be elected to succeed the first Board two (2) year term with the exception of the directors elected at the first meeting of the Association. At that meeting two (2) directors will be elected to serve a two (2) year term and one (1) director will be elected to serve a three,(3) year term. New Directors shall be elected-at the annual meeting of the Association. for the Directors whose terms have expited~ All directors shall be elected by secrét.ballot of the Townhome Site Owners, and the-nominees receiving the greatest number of votes shall be elected.
1.11 Vacancies. Whenever a Vacancy occurs in the board of directors other than from the expiration of a term of office, the remaining directors shall appoint a Townhome Site Owner to fill the vacancy for the remaining un-expired term of office.
1.12 Board Meetings. A regular meeting of the Board shall be held without call or notice immediately after and at the same place as the annual meeting of the Association.
1.13 Special Board Meetings. Special meeting of the Board shall be held upon call of the President or upon the written request of at least two (2) members of the Board.
(a) Notice_of any special meeting shall be given at least 10 days prior to the meeting ‘by written notice delivered personallyOr ‘mailed to each director. If
of at least two (2) members of the Board.
(a) Notice_of any special meeting shall be given at least 10 days prior to the meeting ‘by written notice delivered personallyOr ‘mailed to each director. If mailed, such notice shall be deemed to be ‘delivered when deposited in the United States mail sent to the last known address of the director. The attendance of a director at a meeting shallconstitute a waiver of notice of such meeting, except when a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully.
called or convened. Neither the.business to be transacted or the purpose of any regular or special meeting‘of the Board need be specified in the noficé of the meeting.
(b) A special meeting of the Board may be held by any method of communication, including any electronic and telephone, if: (1) notice of the meeting has been given in accordance with 1.13(a) above; (A) each director may hear and be heard by every other director: and (B) The meeting does not involve. voting on a fine, damage assessment, or suspension of.a right of a particular Owner before the Owner has an oppottunity to attend a Grievance Meeting to present the ‘Owner's position, including any defense, on the issue.
(2) the Board may act by unanimous written consent of all the Directors, without a meeting, if (A) _ the Board action does not involve voting on a fine, damage assessment, or suspension of a right of a particular Owner before the Owner has an opportunity to attend a Grievance Meeting to present the Owner's position, including any defense, on the issue; and (B) a record of the Board action is filed with the minutes of Board meetings.
(c) The Association, on the written request of an Owner, shall inform the Owner of
ncluding any defense, on the issue; and (B) a record of the Board action is filed with the minutes of Board meetings.
(c) The Association, on the written request of an Owner, shall inform the Owner of the time,and place of the next regular or special’meeting of the Board. If the Association representative to whom the request is made does not know the time and place of the meeting, the Association promptly shall obtain the information and disclose it to the Owner or inform the Owner where the information may be obtained.
1.14 Grievance Meetings. Grievance Meetings of the Board, or the Grievance Committee if one has been appointed .by‘the Board, shall be held upon call of the President after the Association’s receiptof a written request from an Owner pursuant to Section 1.16(0), below. The purpose of the Grievance Meeting is to discuss and verify facts and attempt to resolve the matter in issue.
(a) Notice of all Grievance Meetings shall be given to each director, or Grievance Committee member is a committee has been appointed, at least 10 days prior to the meeting by written notice which may be delivered personally or mailed. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail sent to the last known address of the director. The attendance of a director or Grievance Committee member at a meeting shall constitute a waiver of notice of such meeting, except when a director or member attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted ‘at, nor the purpose of, any Grievance Meeting need be specified in the notice of the meeting.
ny business because the meeting is not lawfully called or convened. Neither the business to be transacted ‘at, nor the purpose of, any Grievance Meeting need be specified in the notice of the meeting.
(byAll Grievance Meetings shall be held no‘later than the 30" day after the date the Association receives the Owner’s,request for a hearing and shall notify the Owner of the date, time, and place‘of the hearing not later than the 10” day before the date of the hearing. The Board, Grievance Committee, or Owner may request a postponement Nand, if requested, a postponement shall*be granted for a period of not moré than 10 days. Additional postponements may be granted by agreement of the parties. Audio recordings shall be permitted at the hearing.
(c) The notice and hearing procedures for a Grievance Meetings and paragraph 1.16(0) below do not apply if the Association files a suit seeking a temporary restraining order or temporary injunctive relief or files a suit that includes foreclosure as a cause of action. If a suit is filed relating to a matter to which the procedures for a Grievance Meeting and paragraph 1.16(0) do apply, a party to the suit may file a motion to compel mediation. The notice and hearing procedures for a Grievance Meetings and paragraph 1.16(0) below do not apply to a temporary suspension of a Owner's right to use the Common Area if the temporary suspension is the result of a violatidn\that occurred in a Common Areaeand involved a significant and immediate tisk of harm to others in the Townhome Project. The temporary suspension is effective until the Board makes a final determination on the suspension after following the prescribed Grievance Meeting and paragraph 1.16(6) procedures.
Townhome Project. The temporary suspension is effective until the Board makes a final determination on the suspension after following the prescribed Grievance Meeting and paragraph 1.16(6) procedures.
(d) Notwithstanding anything in the Townhome Documents to the contrary, an Owner is not liable for attorney’sfees incurred by the Association relating.to’a matter described in a 1.16(0) ‘Notice if the attorney's fees are incurred before the conclusion of the Grievance Meeting, or if the Owner does not request a hearing, before the date by which the Owner must request a hearing. The notice provisions of this subsection do not apply to a counterclaim of the Association in a lawsuit brought against the Association by an Owner.
(e) The Owner's presence is not required to hold a requested Grievance Meeting.
(f) All Grievance Meetings shall be held in executive session. Prior to the effectiveness of any sanction ordered by the Board and/or the Grievance Committee, proof of notice, and the invitation to.be\heard shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice together with a statement of the date.and manner of delivery is entered by the officer or director who mailedthe notice. The 1.16(0) Notice requirement shall be deemed satisfied ifa-violator appears at the meeting. The minutes of the meeting shall contain®a’written statement of the results of thé hearing and the sanction, if any, imposed.
1.15 Quorum. A quorum is*present throughout a meeting of the Boafd-or at a Grievance Meeting if persons entitled to cast at least 50 percent of the votes on the Board or the Grievance Committee are present at the beginning of the meeting.
1.16 Powers of the Board. The Board, acting on behalf of the Association, has
cast at least 50 percent of the votes on the Board or the Grievance Committee are present at the beginning of the meeting.
1.16 Powers of the Board. The Board, acting on behalf of the Association, has the authority upon a 2/3rds vote (unless a unanimous vote is indicated) to: (a) (b) (c) (d) (e) (f) (h) (i) (i) (k) (!)
adopt and amend budgets for revenues, expenditures, and reserves, and collect assessments from the Owners.
adopt rental guidelines and restrictions (all rental guidelines shall require a unanimous vote of the Board or a majority vote_of the Association held at a meeting.of the Association).
provide for independent management ofthe Townhome Project, hire and terminate managing agents and other employees, agents, and independent contractors.
institute, defend, intervene in settle, ‘or compromise litigation or administrative proceedings in its own name on behalf of itself or two or more Townhome Site owners on matters affecting the Townhome Project.
make contracts and incur liabilities relating to the operation of the Townhome Project.
regulate the use, maintenance, repair, replacement, modification, and appearance of the all improvements to the Townhome Project.
adopt and amend rules regulating the use, maintenance, repair modification, and appearance of the Common Area.
cause additional improvements to be made as a part of the Common Area.
acquire, hold, encumber, and convey in its own:fiame any right, title, or interest to-real or personal property.
grant easements, leases, licenses, and)>concessions through or over the Common Area.
impose and receive payments,.fees, or charges for the use, rental,<or operation of the Common Area‘and for services provided to the Owners.
impose interest and late charges for late payments of assessments, returned
ive payments,.fees, or charges for the use, rental,<or operation of the Common Area‘and for services provided to the Owners.
impose interest and late charges for late payments of assessments, returned check charges, and, if notice and an opportunity to be heard are given, reasonable fines for violations of the Townhome Documents.
(m) adopt and amend rules regulating the collection of delinquent assessments and the application of payments.
(n) (0) impose reasonable charges for preparing, recording, or copying declaration amendments, resale certificates, or statements,6f unpaid assessment.
after giving written notice to an Ownef by certified mail, return receipt requested (sometime referred to as a “4,16(0) Notice”) of any violation of the Townhome Documents, conduct a hearing, if requested by the Owner, and at the conclusion of the hearing the Board may suspend an Owner's right to use the Common Area, vote at an Association meeting, file a suit against an Owner, charge an Owner for property damage, or levy a fine.
The 1.16(0) Notice must: 1. (i) describe the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due the Association from the Owner, (ii) specify the action required to abate the violation; and (iii) a time period, not less than ten (10) days, during which the violation may be abated without further sanction, if such violation is a continuing one, or a statement that any further violation of the same rule may result in the imposition of sanction after notice and hearing if the violation is not continuing.
2. inform the Owner that the Owner: A. is entitled to a reasonable period, as established in the sole discretion of the Board but not to be less than ten
nd hearing if the violation is not continuing.
2. inform the Owner that the Owner: A. is entitled to a reasonable period, as established in the sole discretion of the Board but not to be less than ten (10) days, to,cure the violation and avoid the fine or reasonable-opportunity to cure a similar violation within the proceeding six months, in which case the ‘cure must bé immediate, and B. may request a hearing before the Board, or the Grievance Committee if one has been appointed by the Board, on or before the 30" day after the date the Owner receives the notice.
3. inform the Owner that if a hearing is to be held before the Grievance Committee that the Owner has the right to appeal the committee’s decision to the Board.
4. Inform the Owner if attorney's fees and costs relating to collecting amounts, including damages, due the Association for enforcing the Townhome=Documents will be charged to the Owner if the delinquency or violation continues after the cure date defined in the notice.
5. inform the Owner ofthe proposed sanction(s) to be imposed.
(p) at the discretion of the Board, appoint a Grievance Committee which is to-be made up of no less than three.(3) Owners and no more than five (5) OWners.
Officers and directors on the Board may serve on the Grievance Committee, which, if appointed, will hear, discuss, and attempt to resolve any matters following a request from an Owner in receipt of a 1.16(0) Notice. Grievance Committee members shall serve three (3) year terms, subject to the right of the Board to remove any committee member by a majority vote at a meeting of the Board. If a vacancy occurs on the Grievance Committee, either from the expiration of a term of office or resignation, the Directors shall appoint a
mittee member by a majority vote at a meeting of the Board. If a vacancy occurs on the Grievance Committee, either from the expiration of a term of office or resignation, the Directors shall appoint a committee member to fill the vacancy for the remaining un-expired.
(p) purchase insurance and fidelity bonds it considers appropriate or necessary.
1.17 Officers of the Association. The officers,of the Association shall be a President, a. Secretary, and a Treasurer, and such other officers as the Board shall from time to time determine. All offices may be held by,a\person who may also be a member of the Board. All officers shall be elected by and-hold office at the pleasure of the Board of Diréctors, which shall fix the tenure of all officérs.
1.18 Powers. The officers ofthe Association shall have the powers, and duties generally ascribed to the respective officers, and such additional authority of duty as may from time to time be established by the Board.
1.19 Execution of Documents. The Board may, in its discretion, determine the method and designate the signatory officer or officers, or other persons or persons, to execute any instrument or document including amendments to the Declaration and these By-laws, or to sign the Association name without limitation, except where otherwise provided by law, and such execution or signature shall be binding upon the Association.
ARTICLE 2: TAXES AND ASSESSMENTS 2.01 Taxes. ‘Each Owner shall be assessed as thé person or entity in possession of their Townhome Site, and for tax purposes an undivided percentage of the Common Area equal totheir pro-rata allocation of Common Expense Liability.
2.02 Annual Assessments. The Board, bya 2/3rds vote, shall establish an annual
or tax purposes an undivided percentage of the Common Area equal totheir pro-rata allocation of Common Expense Liability.
2.02 Annual Assessments. The Board, bya 2/3rds vote, shall establish an annual budget’in advance for each fiscal year and “such budget shall project all Common Expenses for the forthcoming year which may be required for the proper administration, operation, management, and maintenance of the Townhome Project. The .annual assessment levied against Owners for such year shall be established by the adoption of such annual budget by the Board. Should the Board at any time determine by a 2/3rds vote that the assessments levied are or may prove to be insufficient to pay the costs of operation and management of the Townhome Project in any fiscal year for any reason, including non-payment of assessments by an Owner, then it shall have the authority at any time and from time to time to levy such additional assessment or assessments as it shall deem necessary for that purpose. If in any taxable year, the income of the Association from assessments exceeds the sum of (i) total expenses of the Association for which payment has been made or liability incurred within such taxable year, and (ii) reasonable reserves as may have been created, such excess may be utilized in accordance with a 2/3rds vote of the Board at a meeting called for such purpose, which vote shall be to return such excess to Owners or to apply such excess to the following year's assessments.
2.03 Special Assessments. The Board, by a.unanimous vote, may levy Special Assessments at any time and from time to time (i),to. meet other needs or (ii) to repair, constructor establish facilities deemed of benefit tothe Association and Owners.
nimous vote, may levy Special Assessments at any time and from time to time (i),to. meet other needs or (ii) to repair, constructor establish facilities deemed of benefit tothe Association and Owners.
2.04 Allocation of Assessments. All assessments levied against Owners to cover Common Expenses Liability shall be apportioned among and paid by Owners in accordance with the Owner's CommonsExpense Percentage, except for assessments made against a single Owner (for repairs incurred by the Association due to an Owner's failure to maintain his or her Townhome Site or as a fine against such Owner) which shall be paid in full by such Owner. Assessments are on an annual basis but shall be due and payable in monthly installments, in advance, on the first day of each month, or at such other times as the Board may determine. Assessments shall commencing with delivery of a deed to a Townhome Site. An Owner shall be in default if an assessment, or any part thereof, is not paid to the Association in full on or before the due date for such payment. Upon written notice after any default, the Board may: (a) accelerate and declare immediately due and\payable the entire annual assessment of such Owner, or (b).\if any assessment becomes overdue forsmore than 10 days, and the Board elects to accept any such late payment, the Townhome Site Owner must pay on Demand of the Board an additional sum equal to 5% of the amount of the late assessment in order to defray the expense of handling the delinquent payment (a “late fee”).
Assessments in default shall bear interest at the highest lawful rate commencing on the tenth day after such assessment becomes delinquent, together with costs and reasonable attorney's fees chargeable to the Owner in default, until paid in full. Each Owner (whether
ate commencing on the tenth day after such assessment becomes delinquent, together with costs and reasonable attorney's fees chargeable to the Owner in default, until paid in full. Each Owner (whether one or more persons) shall be, and remain, personally (and in the case of an Townhome Site with more than one Owner, jointly and severally) liable for the payment of all assessments which may be levied against such Owner by the Association in accordance with these Bylaws; and any unpaid assessments with accrued interest thereon owed with respect to an Townhome Site may, at the option of the Board, be collected out of the sales proceeds of such Townhome Site.
2.05 No Exemptions. No Owner may exempt himself from liability for his contribution toward the Common Expenses Liability by waiver of the use or enjoyment of any of the Common Area or by the abandonment of his Townhome Site.
2.06 “Collection of Assessments. The Association may enforce collection of delinquentjyassessments for all Common Expense ‘Liabilities, and the expenses incurred in collecting such unpaid assessments including interest, costs, and attorneys' fees shall be chargeable to the Owner in default. Furthér,all such unpaid assessments are secured by‘a)lien on the defaulting Owner's Townhome. To evidence such lien, the Board may, but shall not be required to, prepare a written notice signed by a member of the.Board, Setting forth the amount of the unpaid assessments, the name of the Owner in default, and a description of the Townhome Site of such Owner; and such notice may be filed of record with the County Clerk, Nueces County, Texas (the lien shall attach from the due date of such unpaid assessment, not the date of the filing of the notice). A lien for
such notice may be filed of record with the County Clerk, Nueces County, Texas (the lien shall attach from the due date of such unpaid assessment, not the date of the filing of the notice). A lien for Assessments may be enforced by the Association by judicial foreclosure in a suit to recover a money judgment for the delinquent assessments, and/or through a non-judicial sale by exercising the power of sale granted to the Association by the Owner as recited in paragraph 16 of the Declaration and in accordance with Section 51.002 of the Texas Property Code, and shall also secure the interest, costs, and attorneys’ fees incurred in such action. The Association shall have the power to bid on the Townhome Site at foreclosure and to acquire, hold, lease, mortgage, convey, or otherwise deal with the same as an owner. Suit to recover a money judgment for such unpaid assessments may be maintained without foreclosing or waiving the lien securing the same. An Owner in default of his obligations to the Association or other Owners as set forth herein shall not be entitled to. vote at any meeting of the Association solong as such default continues.
2:07 Effect of Failure to Prepare or Adopt.Budget. The failure or delay of the Board“to’ prepare or adopt a budget for any fiscal year shall not constitute a waiver of release in any manner of an Owner's obligation to pay his allocable share of the Common Expense Liability and, in the absence of any annual budget or adjusted budget,.each Owner shall continue to pay his assessments at the rate established for the previous fiscal year until notice of the new annual or adjusted budget has been adopted.
2.08 Statement of Assessments. The Association shall promptly provide any
ments at the rate established for the previous fiscal year until notice of the new annual or adjusted budget has been adopted.
2.08 Statement of Assessments. The Association shall promptly provide any Owner, contract purchaser, title company or mortgagee so requesting the same in writing with a written statement of all unpaid assessments due from such Owner. The Board may impose a reasonable charge for the preparation of such statement to cover the cost of preparation and delivery thereof.
2.09 Litigation Expenses. The Board may utilize the funds of the Association, whether collected\by regular or special assessments, to pay the costs and expenses, including attorneys’ fees, incurred or arising in connection with any litigation by or against the Association, including, but not limited to, suits to collect delinquent assessments from an Ownerand bidding at a foreclosure sale on a Townhome Site.
2.10 Reserve Assessments on Declarant's Townhome Site. During the period priomto the first meeting of the Board, the De¢larant shail be responsible for paymentof the*monthly installments of the assessments with respect to those completed Townhome Sites owned by Declarant; provided that_in no event shall Declarant be responsible for payment of any portion of such assessments for reserves for future maintenance or repairs, or any planned but incomplete Townhome Site.
ARTICLE 3: OWNER ACTION Without limiting the other legal rights of any Owner, legal action may be brought in the name of the Association with the approval of a majority vote of the Board members with respect to any cause of action relating to the Project Tract.
ARTICLE 4: INSURANCE 4.01 Insurance Policies. The Board, upon a 2/3rds, vote, may resolve to obtain and continue in.éffect the following:
respect to any cause of action relating to the Project Tract.
ARTICLE 4: INSURANCE 4.01 Insurance Policies. The Board, upon a 2/3rds, vote, may resolve to obtain and continue in.éffect the following: (a)To the extent reasonably available, property insurance on each Townhome Site and the insurable common elements, insuring against all risks of direct physical loss commonly insured against, including fire, flood, windstorm, and extended coverage, in a total-amount of at least 80 percent of sthe replacement cost or actual.cash value of the insured property as of) the effective date and at each renéwal date of the policy, and commercial general liability insurance, including medical payments insurance, in an amount determined by the Board covering all occurrences commonly insured against for death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the common elements.
(b) All directors, officers, and employees, and all former directors, officers, and employees may be insured by the Association against expenses actually and necessarily incurred by them and any amount paid in satisfaction of judgments in connection with any action, suit, or proceeding, whether civil or criminal in nature, in which he or she is made a party by reason of being or having been such a director, officer, or employee (whether or not a director, officer;or employee at the time such costs or expenses are incurred by or imposed upon him or her) except in relation to, matters as to which they shall be ,adjudged in such action, suit, or proceeding to be liable for breach of fiduciary duty, fraud, or misconduct inthe performance of duty. The aggregate limit of such insurance shall*be at least $1,000,000.00 or such
uch action, suit, or proceeding to be liable for breach of fiduciary duty, fraud, or misconduct inthe performance of duty. The aggregate limit of such insurance shall*be at least $1,000,000.00 or such lesser amount as may be obtainableon commercially practicable terms.
{c) The Association may maintain adequate fidelity coverage to protect against dishonest acts on the partJof directors, officers, trustees, employees, volunteers, and managers, if any, of the Association who handle, or are responsible for handling, funds belonging to or administered by the Association.
(d) All premiums upon insurance purchased by the Association pursuant to these Bylaws shall be a Common Expense Liability.
10 (e) Proceeds of all insurance policies owned by the Association shall be received by the\Association (not any Townhome Site Owner or lien holder), and held in separate account and applied by the Association to repair the damage or restore the funds occasioned by the loss.
{f)“ Each Townhome Site Owner shallSbe deemed to have appointed the Association as his or her true and)lawful attorney-in-fact to act in connection with all matters concerning the, insurance acquired by the Association.
Without limiting the generality.of the foregoing, the Association as. such attorney shall have full powerand authority to purchase and maintaih-such insurance, to collect and remit the premiums therefor, to collect proceeds and to distribute the same to the Association, Owners, and their respective mortgagees (subject to the provisions of these Bylaws and the Declaration) as their interests may appear, to execute all documents and to do alll things on behalf of such Owners and the Townhome Project as shall be necessary or convenient to the accomplishment of the foregoing; and any insurer may
appear, to execute all documents and to do alll things on behalf of such Owners and the Townhome Project as shall be necessary or convenient to the accomplishment of the foregoing; and any insurer may deal exclusively with the Association in regard to such matters.
(g) The Association shall not be responsible for procurement or maintenance of any insurance covering the contents of any Townhome Site nor the liability of any Owner for occurrences therein not caused by or connected with the Association's operation, maintenance, or use oftthe Townhome Project.
(h) Neither the Board, nor any officer of the Association, nor Declarant shall be liable for failure to obtain any coverage required by the Declaration or this Article or for any loss or damages resulting from such failure, including but not limited to such failure resultingeffom the unavailability of such coverage from reputable insurance companies, or if such coverage is available only at demonstrably unreasonable cost).6r if an Owner or Owner's fails to pay the insurance assessments thefeby depriving the Association of the.furids necessary to pay the insurancé cost and/or premiums.
ARTICLE 5: RECONSTRUCTION OR REPAIR OF CASUALTY 5.01 Vote of Members. If the Townhome Project shall be damaged by fire or any other disaster the reconstruction shall be compulsory unless by a unanimous vote of the Board and Owners of the damaged Townhomes an election is made not to reconstruct the damage to the Townhome Project. Any reconstruction or repair of the Townhome Project or any Townhome Site located therein shall be substantially in accordance with the Declaration and the original plans and specifications for the Townhome Project unless modifications and/or changes are approved by a unanimous vote of the Board and
ubstantially in accordance with the Declaration and the original plans and specifications for the Townhome Project unless modifications and/or changes are approved by a unanimous vote of the Board and Owners of the damaged Townhomes.
5.02 Repair and Reconstruction. In the event of damages by fire or other disaster where repair(orreconstruction are compulsory, the Board shall arrange for and supervise the prompt-repair and reconstruction of the damaged-.Townhome Sites in accordance with the original‘plans and specifications of the Townhome Project.
The Association shall have no duty or liability for the repair and reconstruction of thesinterior improvements made to a Townhome Site by an Owner and not covered bythe Association’s insurance, including, upgraded fixtures, floor coverings, wall coverings, interior walls or partitions and doors, "built-in" appliances, bathroom and kitchen fixtures, and heating and air conditioning equipment, and furniture, furnishings, "free-standing" appliances, or other personal property owned, supplied, or installed by the Townhome Site Owner.
Each Owner shall have the right to supervise the redecorating of his own Townhome Site, provided that such Owner shall not delay the repair or reconstruction and shall be responsible for any increase in costs caused by such Owner.
11 Each Owner shall also be responsible for the coSts not otherwise covered by insurance carried by the Association of any reconstruction) repair, or replacement of any portion of the Townhome Project necessitated by‘his negligence or misuse, or the negligencesor misuse by his tenants, family, guests, agents, servants, employees, or contractors. In the event damage to all or any paftof the interior of an Townhome Site is
ligence or misuse, or the negligencesor misuse by his tenants, family, guests, agents, servants, employees, or contractors. In the event damage to all or any paftof the interior of an Townhome Site is not,covered by insurance held by the Association for the benefit of such Owner, then such*Owner shall begin reconstruction or repair of his Townhome Site within sixty (60) days after the date of such damage, subject to the right of the Association to supervise, approve, or disapprove such reconstruction or repair during the course thereof.
5.03 Eminent Domain. Upon any taking of any Townhome Site in the Townhome Project by eminent domain, the Owner of such Townhome Site shall be entitled to receive the award for such taking; and after acceptance thereof he and his mortgagee shall be divested of all interest in the Townhome Project if such Owner shall vacate his Townhome Site by virtue of such taking. If any repair or rebuilding of the remaining portions of the Townhome Project is required as a result of such taking, the remaining Owners shall determine by majority vote or written consent whether to rebuild or repair the Townhome project or to take such other action as such remaining Owners deem appropriate. If no repair or rebuilding shall be required or undertaken, then the remaining portion of the Townhome Project shall be resurveyed and the Declaration shall be amended to reflect such taking and to proportionately readjust the number of Townhome Sites in the Projéct Tract.
ARTICLE 6: ADDITIONS, MAINTENANCE; REPAIR, AND REPLACEMENT 6.01 By the Association. The Association shall be responsible for the maintenance, repair, and replacement (unless-necessitated by the negligence, misuse; or neglect of an Owner), as a Common Expense Liability of the Townhome Site Ownefs> all
hall be responsible for the maintenance, repair, and replacement (unless-necessitated by the negligence, misuse; or neglect of an Owner), as a Common Expense Liability of the Townhome Site Ownefs> all portions of a Townhome Site (except interior surfaces) contributing to the support of the Building. These portions shall include: (a) The roof and outside walls of the Townhome Site, including all fixtures on the exterior walls, (b) Party Walls, all load-bearing columns and load-bearing walls, (c) Foundation Slabs, (d) All conduits, ducts, plumbing, wiring, and other facilities for the furnishing of utility services which are contained within the Common Area portions of a Townhome Site; and all such facilities contained within a Townhome Site which:service part or parts of the Project Tract,other than the Townhome Site within which it is contained, shrubs, sprinkler system, and, if Gonstructed, the swimming pool, cabana; and other proposed Common Area.amenities, and (f) All incidental damage caused:to’a Townhome Site by the above work.
6.02 Standard of Care. Superior maintenance of the Common Area is deemed to be an important aesthetic ingredient in maintaining the overall appearance of the project, and the Association's budget for ground keeping shall be maintained at an above average level by the Board. All other portions of the Project Tract for which the Association is responsible shall be maintained in a good and workmanlike manner.
12 6.03 By Owners. Each Owner shall keep his Townhome Site in good condition and repair. It shall be the Townhome Site Owner's responsibility to repair and maintain the heating andvair conditioning equipment (including the,éxterior compressor which may
e Site in good condition and repair. It shall be the Townhome Site Owner's responsibility to repair and maintain the heating andvair conditioning equipment (including the,éxterior compressor which may be located\within the Common Area), garage doors, patio, balcony, exterior doors, windows,.\interior and exterior lights, and allother equipment, appliances, and appurtenances servicing the Owner's TownhomeySite, and to do all redecorating and interior-painting which may at any time be nécessary to maintain the good appearance and.condition of his or her Townhome Site. In addition, each Owner shall be responsible forall damage to any other Townhome Sitéor to the Common Area resulting from,his*or her negligence or misuse of his Townhome Site or the Common Area or failure to.make any of the repairs required hereunder or failure to take reasonable precautions to prevent damage to other Townhome Site or the Common Area. Each Owner shall perform his responsibility in such manner as shall not unreasonably disturb or interfere with the other Owners. Each Owner shall promptly report to the Association any defect or need for repairs for which the Association is responsible.
6.04 Wind Driven Rain. The Association shall not be responsible to prevent or repair damage resulting from wind driven rain. The Association shall repair roof leaks, but not damage from wind driven rain to chimneys, eaves, windows, and doors or their surrounding areas. Prevention or repair of damage caused by wind driven rain shall be the responsibility of each respective Townhome Site Owner.
6.05 Manner of Repair and Replacement. All repairs and replacements shall be substantially-similar to the original construction and installation and shall be of first-class quality.
wnhome Site Owner.
6.05 Manner of Repair and Replacement. All repairs and replacements shall be substantially-similar to the original construction and installation and shall be of first-class quality.
ARTICLE 7: USE AND STRUCTURAL MODIFICATIONS 7.01 Residential Purpose. All Townhome Sites in the Townhome Project shalk.be used only for residential purposes, and the.Gommon Area shall be used only for purposes consistent with the use of residences. Notwithstanding the foregoing, Declarant or its designated representatives shall have the right to retain one or more Townhome Sites for use as sales models, sales offices, or any other business use related to the Townhome Project, may engage employees, agents, or independent contractors to effectuate sales or such other business uses, and may allow such employees, agents, or independent contractors to reside in, and/or conduct business from, Townhome Sites owned by Declarant.
7.02 Lease of Townhome Site. Daily rentals of an Owner's Townhome Site are permitted unless prohibited by a unanimous vote of the Board. All leases shall require the lessee to comply with the Declaration and these Bylaws, and the Rules and Regulations of the Board which may be adopted from time to time, and shall provide that failure to suggested standard form lease for use by Owners.
7.03%, Improper Activities. No immoral, improper, unlawful, or offensive activity shall be-carried on in any Townhome Site or upon*the Common Area, nor shall anything shall.do or permit anything to be done or keep-or permit to be kept in his Townhome Site
Common Area, nor shall anything shall.do or permit anything to be done or keep-or permit to be kept in his Townhome Site oreon the Common Area any things that(will increase the rate of insurance on“the Townhome Project. No Owner shall store any dangerous explosive or inflammable liquids or other materials either in his Townhome Site or upon the Common Area.
7.04 Parking Restrictions. No Owner shall block the entrance to another Owner's garage, and no water crait, trailers, travel trailers, or campers of any kind may be parked anywhere within the Common Area without the expressed written consent of the Board.
The Board may approve parking permits for and, from time to time, designate an area for parking water craft, trailers, travel trailer, campers and similar types of recreational vehicles by a 2/3rds vote.
13 7.05 Signs, No signs, except for "For Sale" signs‘for the sale of the Owner's Townhome Site,“shall be displayed which are visible fromthe exterior of any Townhome Site or on ‘thé Common Area without written permission of 2/3rds of the Board of Directors,.The Board of Directors shall designate a‘site in the Common Area where all “For Sale*signs for the sale of an Owner's Townhome Site shall be permitted.
7.06 Pets. No animal shall be kept except household pets. Such pets may not be kept or bred for any commercial purpose and shail have such care and restraint so as not to be obnoxious or offensive on account)of noise, odor, or unsanitary conditiofs.) No savage or dangerous animal shail be kept. No more than two small to medium size household pets may be kept without written permission of 2/3rds of the Board of
ise, odor, or unsanitary conditiofs.) No savage or dangerous animal shail be kept. No more than two small to medium size household pets may be kept without written permission of 2/3rds of the Board of Directors. No pets may be permitted to run loose upon the Common Area, and any Owner who causes any animal to be brought or kept upon the premises of the Townhome Project shall indemnify and hold harmless the Association for any loss, damage, or liability which the Association may sustain as a result of the presence of such animal on the premises, whether or not the Association has given its permission therefor.
7.07 Use of Common Area. The Common Area shall not be used for storage of supplies, personal property, or trash or refuse of any kind except common trash receptacles placed at the discretion of the Board of Directors; nor shall the Common Area be used in any way for drying, shaking, or airing of clothing or other fabrics. Stairs, entrances, sidewalks, yards, driveways, and parking areas shall not be obstructed in any way nor shall unauthorized persons or pets play therein-or thereon or use them for other than theirsintended purposed. In general, no activities"shall be carried on, nor condition maintainéd>by any Owner either in his or her Townhome Site or upon the Common Area which, the sole discretion of 2/3rds of the Board/.despoils the appearance or affects the drainage of the Townhome Project.
7.08 Regulations. Rules and Regulations conceming the use of the Townhome Project (which may include the number of occupants per Townhome Site) may be promulgated by a 2/3rds vote of the Board from time to time, and such regulations shall be binding on all members of the Association.
7.9 Access of Agents. The Association or its agents shall have access to each
by a 2/3rds vote of the Board from time to time, and such regulations shall be binding on all members of the Association.
7.9 Access of Agents. The Association or its agents shall have access to each Townhome Site from time to time during reasonable working hours, upon notice to such Townhome Site Owner, as may be necessary for the maintenance, repair, or replacement of any item for which the Association is responsible or repairs to the Common Area. The Association or its agent shall also have access to each Townhome Site at all times without notice as may be necessary to make emergency repairs to prevent damage to the Common Area or to another Townhome Site. If requested, each Owner shall furnish to the Board of Directors a duplicate key to the entrance door to his Townhome Site and shall furnish a newduplicate key upon any change of locks.thereto.
7.10% Limitations During Sales Period. None*of the restrictions contained in this Article shall apply to the commercial activities;\information/sales office, or signs or billboards, if any, of Declarant during the sales and lease period of the Townhome Project or of the Association in furtherance of its power and purposes set forth herein and in its Articles of Incorporation and Bylaws as thé’same may be amended from time to.time.
Further, the Board of Directors of the’Association may waive such restrictions\as to Declarant for periods beyond such sales and lease period.
ARTICLE 8: MORTGAGES 8.01 Notification of Association. Any Owner or any tenant of an Owner who mortgages his Townhome Site or his interest therein shall notify the Association of the name and address of the mortgagee, and the Association shall maintain such information 14 in a book entitled "Mortgages of Townhome Sites."
or his interest therein shall notify the Association of the name and address of the mortgagee, and the Association shall maintain such information 14 in a book entitled "Mortgages of Townhome Sites."
8.02 Notification of Mortgagees. The Association shall notify each mortgagee appearing inthe Book described in Paragraph 8.01 herein of the name of each company insuring the: Townhome Project under the Master Policy and the amounts of the coverage thereunder. The Association, upon written requesttof a mortgagee of any Townhome Site or interest therein, shall notify such mortgageecin writing of any default by the Owner of such Townhome Site in the payment of assessments or otherwise.
8.03 Mortgagee's Responsibility‘for Assessments. Any first lien purchase ‘money or Home Equity mortgagee that obtains title to an Townhome Site as a result of a foreclosure of its lien shall extinguish the Association's lien on the Townhome Site for assessments which accrued prior to such foreclosure. All assessments accruing on a Townhome Site after the date of the foreclosure sale shall be assessed and paid by the foreclosing Mortgagee as the Owner of the Townhome Site, and such Mortgagee shall abide by and conform to the Declaration and these By-laws.
ARTICLE 9: AMENDMENT 9.01 Amendment of Bylaws. Except for those provisions of these Bylaws requiring a unanimous vote, these Bylaws may be amended by a majority vote of the Townhome Site Owners. Upon the approval of any such amendment, an instrument in recordable form setting forth such amendment and containing a certificate by the President andthe Secretary of the Association, certifying as to the accuracy of the contents of such amendment and as to its due adoption in accordance herewith shall be
ontaining a certificate by the President andthe Secretary of the Association, certifying as to the accuracy of the contents of such amendment and as to its due adoption in accordance herewith shall be prepared’and filed of record in Nueces County;..%exas, and such instrument shall be effectiveto amend these Bylaws without the signatures of any other parties.
ARTICLE 10;DEFAULT 10.01 Definition. Failure to comply with any of the terms of the Declaration, these Bylaws, the Articles of incorporation or Bylaws or duly adopted Rules and Regulations of the Association shall constitute an event of default and shall be grounds for relief, which may include without intending to limit the same, an action to recover damages and/or injunctive relief and/or the imposition of a fine or other sanction by the Association.
10.02 Costs. In any proceeding arising because of an alleged default by any Owner, the Association, if successful, shall be entitled to recover the costs of the proceeding and reasonable attorneys’ fees.
10.03 No Waiver. The failure of the Association or of any Owner to enforce any right, provision, covenant, or condition which may be granted by the Declaration, these Bylaws, the Articles of Incorporation, Bylaws or duly adopted Rules and Regulations of the Association.shall not constitute a waiver of the right of the Association or of any such Owner to enforce such right, provision, covenant, or condition in the future.
10.04 Rights Cumulative. All rights, remedies, and privileges granted to the Association or any Owner or Owners pursuantto any terms, provisions, covenants, of conditions of the Declaration, these Bylaws,or the Articles of Incorporation, Bylaws Or duly adopted Rules and Regulations of the Association, shall be deemed to be cumulative
rovisions, covenants, of conditions of the Declaration, these Bylaws,or the Articles of Incorporation, Bylaws Or duly adopted Rules and Regulations of the Association, shall be deemed to be cumulative and the exercise of any one or more shall not be deemed to constitute an election of remedies, nor shall it preclude the party thus exercising the same from exercising such other additional rights, remedies, or privileges as may be available to such party at law or in equity.
ARTICLE 11: NET EARNINGS OF ASSOCIATION Except to the extent Owners shall benefit (i) from the administration, operation, management, maintenance, repair, and/or rebuilding of the Townhome Project by the 15 Association or (ii) from the rebating of excess assessments to Owners, no part of the net earnings of the Association shall inure to the benefit of any.Owner or any other individual.
ARTICLE 12: SEVERABILITY In the event that any of the terms, provisions, or covenants of these Bylaws aré held.to be partially or wholly invalid or unenforceable for any reason whatsoever, such holding shall not affect, alter, modify, or impair in any manner whatsoever any of the other terms, provisions, or covenants hereof or.the remaining portions of any terms, provisions, or covenants held to be partially invalid or unenforceable.
ARTICLE 13: HEADINGS The headings used in these Bylaws have been inserted for administrative convenience only and do not constitute matter to be construed in interpretation.
Executed and affective as of the 25th day of June, 2004.
DECLARANT: GREENS fhith, Director Phylic A.
THE STATE OF TEXAS COUNTY. OF NUECES @w ne This instrument was acknowledged before me on thesSthday of March, 2004 by James F. Maixner, President of Isla Properties, Inc Texas Corporation on behalf ofithe Corporation
AS COUNTY. OF NUECES @w ne This instrument was acknowledged before me on thesSthday of March, 2004 by James F. Maixner, President of Isla Properties, Inc Texas Corporation on behalf ofithe Corporation VIVIAN SIMS = Notary Public, State of Texas My Commission Expires June 27, 2007 16 THE STATE OF TEXAS COUNTY OF NUECES hegethiay of March , 2004 by This instrument was acknowledged before me ony exas Non-profit James FeMaixner, Director of Village on the Greey yqwnhomes, a Corporation on behalf of the Corporation liting, RT Pelt, VIVIAN SIMS EK Notary Public, State of Texas iyi. 9 My Commission Expires Ld June 27,2007 i THE STATE OF TEXAS «&) COUNTY OF NUECES a hr This instrument was acknowledged before me o} the ZAdes, of , 2004 by Annette Chisholm, Director of Village on the Gregn/Townhomes, a ,Texas Non-profit Corporation on behalf of the Corporation / N “ATE OF TEXAS ale Aa f Texas Notary Pubic. ton expires June 27, 2007 THE STATE OF TEXAS CS COUNTY OF NUECES _ % vw This instrument was acknowledged before me on theTit sey of , 2004 by ownhomes, a pexas Non2profit ~ Phyllis A. Smith, Director of Village onxthe Gre Corporation on behalf of the Corporation ATE OF TEXAS PREPARED IN THE LAW OFFICE OF MICHAEL J. SHELLY, P.C.
Attorney at Law 5102 Holly Road, Suite A Corpus Christi, Texas 78413 ofS a Any provision herein which restricts the Sale, Rental or use {Title of the described REAL PROPERTY because of Race, Cotor, Annus Christ Religion, Sex, Handicap, Familia Status of National Origin, is invalid and unentorceable under FEDERAL*LAW, 3/12/89 Return to* Corpus \Christi Title Services LLC rages 14937 S. Padre Island DRive Bans CorpusChristi, Texas 78418 @ danse.
Some S5n5F ARE eo wm ” ° 2 STATE OF TEXAS COUNTY OF NUECES
FEDERAL*LAW, 3/12/89 Return to* Corpus \Christi Title Services LLC rages 14937 S. Padre Island DRive Bans CorpusChristi, Texas 78418 @ danse.
Some S5n5F ARE eo wm ” ° 2 STATE OF TEXAS COUNTY OF NUECES thereby certity that this instrument was FILED in Fite Number Sequence on the date and at the time stamped herein by me, and was duly RECORDED, in the Official Public Records of Nueces County, Texas Ltretin fom on " COUNTY CLERK a NUECES COUNTY, TEXAS 17 Bey 9 62 53 SISGIECaVASS 09 UT papuoaay 9 patty $002/60/ Wd Tetecere