Shelley Coston, Bell County TX Clerk Page 1 of 90 DOC #2020055184 Pages 90 After Recording Return To: Robert D. Burton Winstead PC 401 Congress Ave., Suite 2100 Austin, Texas 78701 email: [email protected] IS, CONDITIONS | WEST N TRAILS SS LL COUNTY, TEXAS CENTEX B&L CONSTRUCTION, LLC, a Texas limited liability company This Declaration of Covenants, Conditions and Restrictions may be used only in connection with the residential community known as West Canyon Trails in Bell County, Texas, and the operation of West Canyon Trails Residential Community, Inc., a Texas nonprofit corporation.
20-5889 $363Monteith Abstract & Title Company 2500 Bacon Ranch Road Killeen, Texas 76542 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 2 of 90 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WEST CANYON TRAILS TABLE OF CONTENTS ARTICLE 1 DEFINITIONS ARTICLE 2 GENERAL AND USE RESTRICTIONS .......ccccssersssssssconcssseeseescereeesees 2.1 General 2.2 Conceptual Plans 2.3 Single-Family Residential Use 2.4 Provision of Benefits and Services to Sey 2.5 Rentals 2.6 Subdividing 2.7 Hazardous Activities Rubbish and Debri Trash Containers, Temporary Structures Outside Storage Buildings Unsightly Articles; Vehicles Mobile Homes, Travel Trailers and Recreational Vehicles Basketball Goals; Permanent and Portable Compliance with Restrictions Liability of Owners for Damage to Common Area or Special Common Area WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 3 of 90 2.30 2.31 No Warranty of Enforceability.
Party Wall..
21 21 2.32 Playscapes and Sports Courts 23 2.33 Decorations and Lighting 23 2.34 Water Quality Facilities, Drainage Facilities and Drainage Ponds.
23 2.35
1 No Warranty of Enforceability.
Party Wall..
21 21 2.32 Playscapes and Sports Courts 23 2.33 Decorations and Lighting 23 2.34 Water Quality Facilities, Drainage Facilities and Drainage Ponds.
23 2.35 Model Home 23 2.36 Removal of Soil and Trees 2.37 Limited or Restricted Driveway Parking.
ARTICLE 3 CONSTRUCTION RESTRICTIONS 3.1 Approval for Construction 3,2 Garages.
3.3 Walls, Fences and Hedges 3.4 Building Restrictions 3.5 Construction Activities 3.6 Roofing 3.7 Swimming Pools 3.8 Compliance with Setbacks.
3.9 Solar Energy Device..
3.10 Rainwater Harvesting Systems.
3.11 Xeriscaping Unofficial Copy 23 24 24 25 25 26 26 26 26 28 29 ARTICLE 4 WEST CANYON TRAILS RESIDENTIAL COMMUNITY, INC.
31 4.1 Organization 31 4.2 Membership 31 4.3 33 4.4 33 4.5 34 Conveyance of Common Area and Special Common Area to the 38 Indemnification 38 39 Bulk Rate Contracts 39 Community Systems 40 Protection of Declarant's Interests 40 4.13 Administration of Common Area and the Special Common Area.
Maintenance Provided by Association 40 41 4.14 Merger 41 4.15 Right of Action by Association 41 ARTICLE 5 INSURANCE....
41 5.1 Insurance 42 4832-4454-3138v.5 55663-140 ii WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Shelley Coston, Bell County TX Clerk Page 4 of 90 5.2 5.3 ARTICLE 6 COVENANT FOR ASSESSMENTS 6.1 Assessments 6.2 6.3 Regular Assessments 6.4 Special Assessments 6.5 Special Common Area Assessments 6.6 Service Area Assessments 6.7 — Individual Assessment ..........:sesssesecesereeseereeseeresrsesteneeeeerey .
6.8 6.9 6.10 Late Charges 6.11 Owner’s Personal Obligation; Interest.
6.12 Assessment Lien and Foreclosure 6.13 Exempt Property 6.14 Fines and Damages Assessmep ARTICLE 7 ARCHITECTURAL CONTROL COM ligher Authority Severability Conflicts Gender
onal Obligation; Interest.
6.12 Assessment Lien and Foreclosure 6.13 Exempt Property 6.14 Fines and Damages Assessmep ARTICLE 7 ARCHITECTURAL CONTROL COM ligher Authority Severability Conflicts Gender Acceptance by Grantees Damage and Destruction No Partition Notices View Impairment WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 5 of 90 9.14 Safety and Security ARTICLE 10 EASEMENTS ..........sesscsrsssssssssseeees sosacsoceossesaseocescesssacenscarsncesneesuesssseenscessoncnscoessatsenseuvessesss 10.1 Right of Ingress and Egress 10.2 Reserved Easements 10.3 Improvements, Roadway and Utility Easements 10.4 Subdivision Entry and Fencing Easement 10.5 Landscape and Monument Sign Easement 10.6 Easement to Inspect and Right to Correct ARTICLE 11 DEVELOPMENT RIGHTG..........cs00008 siasiaaaT TRENT TTT TTT 11.1. Development by Declarant 11.2. Special Declarant Rights 11.3. Addition of Land 11.4 Withdrawal of Land 11.5 Notice of Plat Recordation 11.6 ARTICLE 12 DISPUTE RESOLUTION ......ccsesssoseed 12.1 Introduction and Definitions 12.2. Mandatory Procedures 12.3. Claim Affecting C oO 12.4 Claim by Lot Own 12.5 12.6 12.7 12.8 12.9 WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 6 of 90 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WEST CANYON TRAILS This Declaration of Covenants, Conditions and Restrictions (the “Declaration”) is made by CENTEX B&L CONSTRUCTION, LLC, a Texas limited liability company (“Declarant”), and is as follows: RECITALS: A. This Declaration is filed with respect to that certain real proper
claration”) is made by CENTEX B&L CONSTRUCTION, LLC, a Texas limited liability company (“Declarant”), and is as follows: RECITALS: A. This Declaration is filed with respect to that certain real proper County, Texas, as more particularly described on Exhibit A, attached heretg% herein (the “Property”). Declarant is the owner of the Property.
B. Declarant desires to create and carry out a unj improvement, and sale of the Property.
C. By the Recording of this Declaration, Declar erves Mngtice that the Property is subject to the terms and provisions of this Declaration NOW, THEREFORE, it is hereby declared: (i) thaNhe Property (or any portion thereof) restrictions which will run with such parties having right, title, or interest in or their heirs, successors, and assigns an@“wil 0 the benefit of each owner thereof; and (ii) evi (or any portion thereof) will conclusively be reader.
control.
ARTICLE 1 DEFINITIONS ess the context otherwise specifies or requires, the following words and phrases when used in this Declaration will have the meanings hereinafter specified: WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 1 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 7 of 90 “Applicable Law” means all statutes, public laws, ordinances, policies, rules, regulations and orders of all federal, state, county and municipal governments or their agencies having jurisdiction and control over the Property in effect at the time a provision of the Restrictions is applied, and pertaining to the subject matter of the Restriction provision, and all other ordinances and any other applicable building codes, zoning restrictions and permits or other applicable regulations. Statutes and ordinances specifically referenced in the Restrictions
, and all other ordinances and any other applicable building codes, zoning restrictions and permits or other applicable regulations. Statutes and ordinances specifically referenced in the Restrictions are “Applicable Law” on the date of the Restrictions, and are not intended to applyfo the Property if they cease to be applicable by operation of law, or if they are replaced or sup by one or more other statutes or ordinances.
modification, alteration or remodeling of any Improvements on a Lot.
below, the Declarant acts as the ACC and the ACC is not a committ the Declarant has assigned its right to appoint and remove in a Recorded written instrument.
“Assessment” or “Assessments” means al], assess i sed by the Association under this Declaration.
“Association” means WEST CA a Texas nonprofit corporation, which will ba cheated-by the Declarant to exercise the authority and assume the powers specified in Arjrelt 4 elsewhere in this Declaration. The failure of the Association to maintain i Rate Contract must be approved in advance and in writing by the Declarant until expiration or termination of the Development Period.
WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 8 of 90 “Bylaws” means the bylaws of the Association, which may be initially adopted and Recorded by Declarant or the Board of the Association and Recorded as part of the initial project documentation for the benefit of the Association. The Bylaws may be amended, from time to time, by the Declarant until expiration or termination of the Development Period. Any amendment to the Bylaws proposed by the Board must be approved in advance and in writing
be amended, from time to time, by the Declarant until expiration or termination of the Development Period. Any amendment to the Bylaws proposed by the Board must be approved in advance and in writing by the Declarant until expiration or termination of the Development Period. Upon expiration of the Development Period, the Bylaws may be amended by a Majority of the Board.
“Certificate” means the Certificate of Formation of the Association, filed in of the Secretary of State of Texas, as the same may be amended from time to time.
Association. Some Common Area will be solely for the se~and’ enjoyment of the Owners, while other portions of the Common Area may k b and enjoyment of the Owners and members of the public.
as part of the initial project focamen ae The Community Manual may include t governing the Association. The Bylaw, géverning the Association prosecuted by the Board jting by the Declarant until expiration or termination of means any and all cable television, telecommunications, telephone or other lines, conduits, wires, amplifiers, towers, WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 3 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 9 of 90 CENTEX B&L CONSTRUCTION, LLC, a Texas limited liability company, as Declarant, must be expressly set forth in writing and Recorded.
Declarant enjoys special rights and privileges to help protect its investment in the Property. These special rights are described in this Declaration. Many of these rights do not terminate until either Declarant: (i) has conveyed all Lots which may be created out of the Property; or (ii) voluntarily terminates these rights by a Recorded written instrument, “Design Guidelines” means the standards for design, construction, la
ed all Lots which may be created out of the Property; or (ii) voluntarily terminates these rights by a Recorded written instrument, “Design Guidelines” means the standards for design, construction, la exterior items proposed to be placed on any Lot adopted pursuant to Section written instrument executed by the Declarant.
Declarant reserves the right to facilitat di Property, and the right to direct the size, s “Homebuilder” means,an O (othe\shan the Declarant) who acquires a Lot for the construction of a single fami j orfefgale to a third party.
“ Improvement’/means<a ical enhancements and alterations to the Property, including but not limite site work, and every_Sffacttye ‘afd all appurtenances of every type and kind, whether grentN re, including, but not limited to, buildings, outbuildings, storage sheds, pat: oon courts, sport courts, recreational facilities, swimming pools, putting eways x6, exterior air conditioning equipment or fixtures, exterior lighting fixtures, tures or equipment, and poles, pumps, wells, tanks, reservoirs, pipes, lines, WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 10 of 90 “Lot” means any portion of the Property designated by Declarant in a Recorded written instrument or as shown as a subdivided lot on a Plat other than Common Area or Special Common Area.
“Majority” means more than half.
“Manager” has the meaning set forth in Section 4.5.8.
_ “Members” means every person or entity that holds membership privileges Association.
“Mortgage” or “Mortgages” means any mortgage(s) or deed(s) ey e indebtedness and covering any Lot.
“Mortgagee” or “Mortgagees” means the holder(s) of an} “Owner” means the person(s), entity or entities, i
tgage” or “Mortgages” means any mortgage(s) or deed(s) ey e indebtedness and covering any Lot.
“Mortgagee” or “Mortgagees” means the holder(s) of an} “Owner” means the person(s), entity or entities, i portion of the fee simple interest in any Lot, but does Mortgage prior to its acquisition of fee simple inter lien of its Mortgage.
“Plat” means a Recorded subdivision pig amendments thereto.
WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 5 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 11 of 90 “Rules and Regulations” means any instrument, however denominated, which the Declarant may adopt as part of the initial project documentation for the regulation and management of the Property, the Common Area, or the Special Common Area, including any amendments to those instruments. The Rules and Regulations may be amended or supplemented from time to time by the Declarant during the Development Period. Upon expiration or termination of the Development Period, the Rules and Regulations may be amended or supplemented by a Majority of the Board.
“Service Area” means a group of Lots designated as a separate Service Areagou provided to all Lots.
structure and may include noncontiguous Lots.
Service Area. Service Area boundaries may be established and Section 2.4, “Service Area Assessments” means assessments le Service Area to fund Service Area Expenses, as described in!
“Service Area Expenses” means the actual expenses which the ion i ners within a particular Service Area, 6r mechanical power by collecting and transferring solar-generated energy. /The vludes a mechanical or chemical device that has the ability to store solar-g any interest in real property or improvements which is
al power by collecting and transferring solar-generated energy. /The vludes a mechanical or chemical device that has the ability to store solar-g any interest in real property or improvements which is dration or in any written instrument Recorded by Declarant ui or obligations, or otherwise held by the Declarant for the benefit of the Seclaration or other written notice will identify the Lots or Owners assigned to smefits or only for the purpose of paying Special Common Area Assessments attributable thereto. By way of illustration and not limitation, Special Common Area might include such WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 6 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 12 of 90 things as private drives and roads, entrance facilities and features, monumentation or signage, walkways or landscaping.
“Special Common Area Assessments” means assessments levied against the Lots as described in Section 6.5.
“Special Common Area Expenses” means the estimated and actual expenses which the Association incurs or expects to incur to operate, maintain, repair and replace Special Area, which may include a reasonable reserve for capital repairs and replacements.
TABLE 1; RESTRICTIONS Declaration (Recorded) Creates obligations that are binding and all present and future owners o Certificate of Formation (Recorded) Establishes the Associgtion ay meetings, etc.
Establishes Rules anc\ Résulaf Repulatiggs and policies governing the Associa fom, Design Guidelines (if adopted, Governs ee. architectural standards for the Recorded) construction ef ‘knpxovements and modifications thereto.
Rules and Regulations (if adopted, Recorded) é™ Notice of Withdrawal of d ithdraws and removes land from the Property so that such
he Recorded) construction ef ‘knpxovements and modifications thereto.
Rules and Regulations (if adopted, Recorded) é™ Notice of Withdrawal of d ithdraws and removes land from the Property so that such (Recorded) land is no longer burdened by the terms of this Declaration and no longer under the jurisdiction of the Association.
Adds additional land to the Property, so such land will be considered part of the Property and subject to the terms of this ‘Declaration and under the jurisdiction of the Association.
Identifies specific residential Lots within a Plat. Upon recordation of a Notice of Plat Recordation, the Property included within the Plat not comprising a residential Lot will automatically be withdrawn from the terms and provisions of this Declaration. Declarant shall have no obligation to Record a Notice of Plat Recordation.
WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 7 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 13 of 90 ARTICLE 2 GENERAL AND USE RESTRICTIONS All of the Property shall be owned, held, encumbered, leased, used, occupied, and enjoyed subject to the following limitations and restrictions: 2.1 General.
2.1.1 Conditions and Restrictions. All Lots within the Property wil-be é held, encumbered, leased, used, occupied and enjoyed subject to the Restrictions.
2.1.2 Ordinances. Ordinances and _ requirements governmental authorities are applicable to all Lots within the Property, Restrictions is not a substitute for compliance with Applicable Law.
Restrictions do not purport to list or describe each restrictio located within the Property. Each Owner is advised to rg s and provisions of any s which may affect the Owner's Lot.
e not addressed by the ACC.
time to time. By owning or
or describe each restrictio located within the Property. Each Owner is advised to rg s and provisions of any s which may affect the Owner's Lot.
e not addressed by the ACC.
time to time. By owning or ompliance with the Restrictions, as information and marke Common Area (collectivet\, th Sag ceptual Plans”) are conceptual in nature and are intended $ pases only. The land uses and Improvements reflected on the Conceptual Plans agreed and b bat land uses within the Property, the Common Area, or the Special é }include uses which are not shown on the Conceptual Plans. Neither émebuilder or other developer of any portion of the Property, the Common fal Common Area makes any representation or warranty concerning such land rer will be entitled to rely upon the Conceptual Plans or any statement made by the Declarant or any of Declarant’s representatives regarding proposed land uses, proposed or WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 8 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 14 of 90 planned Improvements in making the decision to purchase any land or Improvements within the Property. Each Owner who acquires a Lot within the Property acknowledges that development of the Property, the Common Area, or the Special Common Area will likely extend over many years, and agrees that the Association will not engage in, or use Association funds to support, protest, challenge, or make any other form of objection to development of the Property, the Common Area, or the Special Common Area or changes in the Conceptual Plans as they may be amended or modified from time to time.
2.3 Single-Family Residential Use. The Lots shall be used solely for py family residential purposes.
vis not apparent or s on any Lot, sound, or
s as they may be amended or modified from time to time.
2.3 Single-Family Residential Use. The Lots shall be used solely for py family residential purposes.
vis not apparent or s on any Lot, sound, or Ot, in the Board’s judgment, umber of vehicles parked within the business activity is being conducted; (vi character of the Property and does not congtits threaten the security or safety of othe ess does not require the installation of any al household operations. In addition, for the ercial license, neither the residence nor Lot will be s “business” and “trade”, as used in this provision, involves the provigigf Of good eceives a fee, compensation, or other form of consideration, regardless of whether: (x) achiityis engaged in full or part-time; (y) such activity is intended to or does genefate 4 it; wy (3) a license is required.
WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 9 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 15 of 90 Notwithstanding any provision in this Declaration to the contrary, until the expiration or termination of the Development Period: (i) Declarant and/or its assignees may construct and maintain upon portions of the Common Area, the Special Common Area, any Lot, or portion of the Property owned by the Declarant, such facilities and may conduct such activities, which, in Declarant’s sole opinion, may be reasonably required, convenient, or incidental to the construction or sale of single family resid other Improvements constructed upon the Lots, including, but no business offices, signs, model homes, and sales offices. Declgye making, constructing and installing Improv¢ the Special Common Area.
Lots in addition to those which the
on the Lots, including, but no business offices, signs, model homes, and sales offices. Declgye making, constructing and installing Improv¢ the Special Common Area.
Lots in addition to those which the Association generally provides to apery. Declarant may unilaterally amend any Reusnded written notice to re ners. In addition to Service Areas which Declarant may ay petition the Board to designate their Lots as a Service Area d will investigate the terms upon which the requested benefits or services d and notify the Owners in the proposed Service Area of such terms and ot among all Service Areas receiving the same service). Notwithstanding the foregoing, until expiration or termination of the Development Period, the Declarant shall have WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 10 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 16 of 90 the right to withhold its consent for any petition to designate Lots as a Service Area in Declarant’s sole and absolute discretion. If approved by the Board, the Declarant during the Development Period, and the Owners of at least sixty-seven percent (67%) of the total number of votes held by all Lots within the proposed Service Area, the Association will provide the requested benefits or services on the terms set forth in the proposal or in a manner otherwise acceptable to the Board. The cost and administrative charges associated with such benefits or services will be assessed against the Lots within such Service Area as a Service, Area Assessment.
Service Area may be modified or amended by the amendment to the Service Area must be Recorded, 2.5 Rentals. Nothing in this Improvements thereon by the Owner there must be for terms of at least six (6) provide to its lessee copies of
mended by the amendment to the Service Area must be Recorded, 2.5 Rentals. Nothing in this Improvements thereon by the Owner there must be for terms of at least six (6) provide to its lessee copies of information as may be required NOOR less than the whole be conveyed by the Owner thereof without the prior Wi appxeval of the ACC; provided, however, that when Declarant is the Owner thereof, De ikon) s.thawthe whole, all without the approval of the ACC.
tvdous Activities. No activities may be conducted on or within the Property hhents may be constructed on or within any portion of the Property which, in iting the generality of the foregoing, no firearms or fireworks may be discharged portion of the Property unless discharged in conjunction with an event approved in advance by the Board and no open fires may be lighted or permitted except within safe and WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 11 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 17 of 90 well-designed fireplaces or in contained barbecue units while attended and in use for cooking purposes. No portion of the Property may be used for the takeoff, storage, or landing of aircraft (including, without limitation, helicopters) except for medical emergencies.
2.8 Insurance Rates. Nothing shall be done or kept on the Property which would increase the rate of casualty or liability insurance or cause the cancellation of any such insurance on the Common Area or Special Common Area, or the Improvements located thereon, the prior written approval of the Board.
2.9 Mining and Drilling. Except for the Third Party Oil, Gas and defined below, no portion of the Property, the Common Area, or the Specig may be used for the purpose of mining, quarrying, drilling, boring, of
g and Drilling. Except for the Third Party Oil, Gas and defined below, no portion of the Property, the Common Area, or the Specig may be used for the purpose of mining, quarrying, drilling, boring, of removing oil, gas, or other hydrocarbons, minerals of any kind, rocke7 Sto that such activities are conducted in conjunction with the the development of the Property, the Common Area, 0 Declarant. Furthermore, this provision will not be j wells by the Declarant or otherwise approved in& provide water to all or any portion of the Property, minerals, resources and groundwater, may have been conveyed or reserved by B Property (the “Third Party Oil, Gas a: netalMnterests”). No representation or warranty, express or implied, is made asA éihip.et the minerals, resources and groundwater or any portion thereof or any inte 2 pusehold Pets. No animals, including pigs, hogs, swine, poultry, ar, : ; al aNnorséo/cattle, sheep, goats, or any other type of animal not considered to be old pet within the ordinary meaning and interpretation of such words. No Owner may keep on such Owner’s Lot more than three (3) cats and dogs, in the aggregate. No animal may WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 12 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 18 of 90 be allowed to make an unreasonable amount of noise, or to become a nuisance, and no domestic pets will be allowed on the Property other than within the Owner's residence, or the fenced yard space associated therewith, unless confined to a leash. The Association may restrict pets to certain areas on the Property. No animal may be stabled, maintained, kept, cared for, or boarded for hire or remuneration on the Property, and no kennels or breeding operation will be
restrict pets to certain areas on the Property. No animal may be stabled, maintained, kept, cared for, or boarded for hire or remuneration on the Property, and no kennels or breeding operation will be allowed. No animal may be allowed to run at large, and all animals must be kept within enclosed areas which must be clean, sanitary, and reasonably free of refuse, insects, and waste notice, may be required to remove the pet from the Property.
2.12 Rubbish and Debris. As determined by the } kind may be placed or permitted to accumulate on or withi permitted to arise therefrom so as to render all or any unsightly, offensive, or detrimental to any other p trash must be kept at all times in covered contain enclosed structures or appropriately screened from Each Owner will contract with an independent disposal service to collect all garha¢ er wastes, if such service is not provided by a governmental entity or thé sso 2.13 Trash Containers. Tras afid recycling bins must be stored in one of the following locations: e of the single-family residence constructed on the a the single-family residence, retaining wall, or fence e Lot in such a manner that the trash container and recycling ave the right to specify additional locations on each Owner's Lot in tai or recycling bins must be stored.
rainage. There shall be no interference with the established drainage patterns e Property, including the Lots, except by Declarant, unless adequate provision is proper drainage and such provision is approved in advance by the ACC. Specifically, and not by way of limitation, no Improvement, including landscaping, may be installed which impedes the proper drainage of water between Lots.
WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 13 4832-4454-3138v.5 55663-140
including landscaping, may be installed which impedes the proper drainage of water between Lots.
WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 13 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 19 of 90 2.15 Maintenance. The Owners of each Lot shall jointly and severally have the duty and responsibility, at their sole cost and expense, to keep their Lot and all Improvements thereon in good condition and repair and in a well-maintained, safe, clean and attractive condition at all times. The Board, in its sole discretion, shall determine whether a violation of the maintenance obligations set forth in this Section 2.15 has occurred. Such maintenance includes, but is not limited to the following, which shall be performed in a timely manner, as determined by the Board, in its sole discretion: (i) Prompt removal of all litter, trash, refuse, and wastes.
Lawn mowing.
Tree and shrub pruning.
Watering of lawn and landscaping (v) Keeping exterior lighting a (vi) Keeping lawn and n areas alive, free of weeds, and attractive.
(vii) Keeping pling bg e Of turf grass.
(viii) Keeping si d-driveways in good repair.
wifh Applicable Law.
of Improvements.
Roni at the landscaping between the boundary of such Owner’s Lot Antennas. Except as expressly provided below, no exterior radio or television a aerial or satellite dish or disc, shall be erected, maintained or placed on a Lot witht the prior written approval of the ACC; provided, however, that: WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 14 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 20 of 90 (i) an antenna designed to receive direct broadcast services, including direct-to-home satellite services, that is one meter or less in diameter;
140 Shelley Coston, Bell County TX Clerk Page 20 of 90 (i) an antenna designed to receive direct broadcast services, including direct-to-home satellite services, that is one meter or less in diameter; or (ii) an antenna designed to receive video programming services via multipoint distribution services, including multi-channel multipoint distribution services, instructional television fixed services, and local multipoint distrikution services, that is one meter or less in diameter or diagonal measurement; o (iii) an antenna that is designed to receive televisio broadcast signals.
(collectively, (i) through (iii) are referred to herein as the “Permitted—Antte will be permitted subject to reasonable requirements as to location and screenjf et forth in rules adopted by the ACC, consistent with Applicable Law, i e ize obtfusiveness as viewed from streets and adjacent property. Declarant a saciation will have the right, but not the obligation, to erect an aerial, satellite dig antenna, cable, or other communication system for the bé apparatus for a master or any portion of the Property.
2.18 Location of Permitted Antennas. d Antenna may be installed solely on the Owner's Lot and shall not encro u “ Common Area, Special Common e obtained and where least visible from In order of preference, the locations of a st visible by the ACC are as follows: on the Lot from which an acceptable quali the street and the Property, other ith no part of the Permitted Antenna any higher than roofline and screened from view of adjacent Lots and the WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 15 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 21 of 90
d screened from view of adjacent Lots and the WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 15 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 21 of 90 dishes, are permitted, HOWEVER, you are required to comply with the rules regarding installation and placement. These Rules and Regulations may be modified by the ACC from time to time. Please contact the ACC for the current rules regarding installation and placement.
2.19 Signs. Unless otherwise prohibited by Applicable Law, no sign of any kind may be displayed to the public view on any Lot without the prior written approval of thg,ACC, except for: (i) signs which are expressly permitted pursuant.
Guidelines or Rules and Regulations; (ii) signs which are part of Declarant's or marketing, sale, or construction plans or activities for thf (iii) | one (1) temporary school “spi i aceédwort the Lot. The sign must be professionally made and shall be li imum face area of five stare é mounted on a single or frame post. The overall height of the shg fmistted grade at the spot where the sign is located may not exceed . The sign must be removed gthletic season for which the sign relates; (iv) one (1) temapo $ ale” sign placed on the Lot. The sign must be professignallyf/me Il be limited to a maximum face area of five Q He and, if free standing, is mounted on a single or Wt of the sign from the finished grade of the Lot at s,located may not exceed four (4) feet. The sign must be ate or ballot item. In addition, signs which include any of the components haracteristics described in Section 202.009(c) of the Texas Property Code are prohibited; (vi) a religious item on the entry door or door frame of a residence
signs which include any of the components haracteristics described in Section 202.009(c) of the Texas Property Code are prohibited; (vi) a religious item on the entry door or door frame of a residence (which may not extend beyond the outer edge of the door frame), provided that the size of the item(s), individually or in combination with other religious items WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 16 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 22 of 90 on the entry door or door frame of the residence, does not exceed twenty-five (25) square inches; (vii) permits as may be required by legal proceedings; and (viii) permits as may be required by any governmental entity.
An Owner or Resident will be permitted to post a “no soliciting” and “security wafging” sign near or on the front door to their residence, provided, that the sign may not exceed tyfive (25) square inches.
For Lease and For Rent signs are expressly prohibited.
2.20 Flags — Approval Requirements. An Owner is Perit ?
the United States of America, the flag of the State of Texas, a g anprerel in advance by the ACC.
ql freestanding flagpoles installed in writing by the ACC, Permitted Flags, gpoles and Freestanding Flagpoles, installed ne (1) Freestanding Flagpole OR no more than two Are permitted per Lot, on which only Permitted Flags Permitted Flagpole must be no longer than five feet (5') in any Freestanding Flagpole must be no more than twenty feet (20') in (iii) | Any Permitted Flag displayed on either a Permitted Flagpole or a gestanding Flagpole may not be more than three feet in height by five feet in width (3'x5'); WEST CANYON TRAILS
y feet (20') in (iii) | Any Permitted Flag displayed on either a Permitted Flagpole or a gestanding Flagpole may not be more than three feet in height by five feet in width (3'x5'); WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 17 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 23 of 90 (iv) The flag of the United States of America must be displayed in accordance with 4 U.S.C. Sections 5-10 and the flag of the State of Texas must be displayed in accordance with Chapter 3100 of the Texas Government Code; (v) The display of a Permitted Flag, or the location and construction of a Permitted Flagpole or Freestanding Flagpole must comply with all Applicable Law, easements and setbacks of record; (vi) Each Permitted Flagpole and Freestanding Flagpo (vii) Flagpole must be maintained in good condition and a Flag or deteriorated or structurally unsafe Per (ix) g Ne mitted Flagpole or Freestanding Flagpole must be secur ag e or eliminate noise from flapping against the metal of the Per 2.22 ‘Tanks. The A udt 4 residence, including tanks fOy6$6r% including swimming poghf Pah O elevated tanks of any kind may be erected, placed or permitted on any Lot WithOyrt the ice written approval of the ACC. All permitted tanks must be screened from ACC. This provisiop r€ shall be placed upon the Property without the prior written approval , however, that temporary structures necessary for storage of tools and 6n may be maintained with the prior approval of Declarant (unless placed by approval to include the nature, size, duration, and location of such structure.
24 Outside Storage Buildings. Outside storage buildings located in a fenced rear yard of a Lot are allowed with the prior written approval of the ACC. One (1) permanent WEST CANYON TRAILS
h structure.
24 Outside Storage Buildings. Outside storage buildings located in a fenced rear yard of a Lot are allowed with the prior written approval of the ACC. One (1) permanent WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 18 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 24 of 90 storage building will be permitted if: (i) the surface area of the pad on which the storage building is constructed is no more than eighty (80) square feet; (ii) the height of the storage building, measured from the surface of the Lot, is no more than seven (7) feet; (iii) the exterior of the storage building is constructed of the same or substantially similar materials and of the same color as the principal residential structure constructed on the Lot; (iv) the roof of the storage building is the same material and color as the roof of the principal residential structure constructed on the Lot; and (v) the storage building is constructed within all applicable byilding setbacks. No storage building may be used for habitation.
2.25 Unsightly Articles; Vehicles. No article deemed to be unsightl work shall be done on any of the foregoing, or on any auto i ey thrafi minor emergency repairs), except in enclosed garages or other structures. i As,) storage areas, compost piles and facilities for hanging, drying or airing clothi appropriately screened from view, and no lumbe?)
metals, bulk materials, scrap, refuse or trash shall view. No: (i) racing vehicles; or (ii) oth motor scooters) which are inoperable or da remain visible on any Lot or to be payt Area, or the Special Common more, vans (excluding passenger vehicles g 1, or police officer vehicles marked as such, are also prohibited from
e inoperable or da remain visible on any Lot or to be payt Area, or the Special Common more, vans (excluding passenger vehicles g 1, or police officer vehicles marked as such, are also prohibited from operty, except in areas which may be designated by the Board as parking pes of vehicles. Notwithstanding the foregoing, trucks, vans, commercial .
vehicle Shall remain on the Common Area or Special Common Area overnight or for any purposes unless prior written consent of the Board is first obtained.
WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 19 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 25 of 90 2.27 Basketball Goals; Permanent and Portable. Permanent basketball goals are permitted in the front of the residence on a Lot provided the basketball goal is located a minimum of twenty feet (20’) from the street curb. The basketball goal backboard must be perpendicular to the street and mounted on a black metal pole permanently installed in the ground. Neither permanent nor portable basketball goals are permitted in any street right of way. Portable basketball goals are permitted on a Lot, but must be stored in the rear of the Lot or inside a garage from sundown to sunrise. Basketball goals must be properly maintain, be approved by the ACC prior to being placed on any Lot.
2.28 Compliance with Restrictions. Each Owner, his or her fa (but shall not be obligated to) remedy or attenty provisions of Restrictions, and the Owner whose effect) such remedy. If such Owner fai Association, such costs and expenses (plu maximum lawful rate, or if there is ng hhents, including, but not limited to, foreclosure of such liens against the Owne ach such Owner shall release and hold harmless the Association and it i i
(plu maximum lawful rate, or if there is ng hhents, including, but not limited to, foreclosure of such liens against the Owne ach such Owner shall release and hold harmless the Association and it i i Ause of action incurred or that may arise by reason of the ties under this Section 2.28 (including any cost, loss, damage, or cause of action arising out of the Association’s negligence in ), except for such cost, loss, damage, expense, liability, claim or cause of geligence short of actual gross negligence.
2.29 Liability of Owners for Damage to Common Area or Special Common Area.
No Owner shall in any way alter, modify, add to or otherwise perform any work upon the WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 20 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 26 of 90 Common Area or Special Common Area without the prior written approval of the Board and the Declarant during the Development Period. Each Owner shall be liable to the Association for any and all damages to: (i) the Common Area or Special Common Area and any Improvements constructed thereon; or (ii) any Improvements constructed on any Lot, the maintenance of which has been assumed by the Association, which damages were caused by the neglect, misuse or negligence of such Owner or Owner's family, or by any tenant or other Resident of such Owner's Lot, or any guest or invitee of such Owner or Resident. The full cost of all repairs against such Owner's Lot and collectable in the same manner as provided in Sectio Declaration.
2.30 No Warranty of Enforceability. Declarant makes no warranty fa. b as to the present or future validity or enforceability of the Restrictions.
e Party Wall is on one Lot due to an s§ deemed to be on the dividing line for
orceability. Declarant makes no warranty fa. b as to the present or future validity or enforceability of the Restrictions.
e Party Wall is on one Lot due to an s§ deemed to be on the dividing line for purposes of this Section 2.31. t mpg/Party Wall is subject to an easement for the existence and continuance o Ge achyngnt by the Party Wall as a result of construction, in any portion of the Party Wall, so that the as long as the Party Wall stands. Each Lot is subject to 3 pair, reconstruction, or replacement of the Party Wall, subject to the right of one Owner to call for larger contribution from the other under any rule of law regarding liability for WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 21 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 27 of 90 negligence or willful acts or omissions. If an Owner is responsible for damage to or destruction of the Party Wall, that Owner will bear the entire cost of repair, reconstruction, or replacement. If an Owner fails or refuses to pay his share of costs of repair or replacement of the Party Wall, the Owner advancing monies has a right to file a claim of lien for the monies advanced in the Official Public Records of Bell County, Texas, and has the right to foreclose the lien as if it were a mechanic’s lien. The right of an Owner to require contribution from another Owner under this Section 2.31 is appurtenant to the Lg passes to the Owner's successors in title.
2.31.4 Alterations. The Owner of a Lot sharing a Party Wa Lot sharing the Party Wall and the ACC.
2.31.5 Dispute Resolution. In the event of a i arising concerning a Party Wall, or under the provisions of this Section (the “D he Jparties shall submit the (10) days after written request therefore
.
2.31.5 Dispute Resolution. In the event of a i arising concerning a Party Wall, or under the provisions of this Section (the “D he Jparties shall submit the (10) days after written request therefore decision of the arbitrator shall be binding apatties and shall be in lieu of any right of legal action that either party may h € other. In the event an Owner fails to properly and on a timely bas be determined by the Board in the Board’s sole and absolute discretion)Atyple r arbitrator’s decision, as applicable. If the Board decision on behalf of an Owner, the Owner otherwise a may be collected by any means provided in the Declaration for the collection ts, including, but not limited to, foreclosure of such liens against the Owner's WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 22 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 28 of 90 2.32 Playscapes and Sports Courts. Playscapes and sport courts are permissible at the sole discretion of the ACC. If allowed, these facilities must be: (i) properly sited and screened so as to minimize the visual and audio impact of the facility on adjacent properties; (ii) the height of a playscape, measured from the surface of the Lot, is no more than ten (10) feet; (iii) the canopy cover of any playscape shall be constructed of earth tone materials; and (iv) sport courts may not be lighted or enclosed with netting. Tennis courts are not permitted.
2.33 Decorations and Lighting. Unless otherwise permitted by Section 2.1 decorative appurtenances such as sculptures, birdbaths and birdhouses, fountaiy Outside lighting fixtures shall be placed so as to illuminate only the ag NHS appl}eable Lot and so as not to affect or reflect into surrounding reside Wo,
ulptures, birdbaths and birdhouses, fountaiy Outside lighting fixtures shall be placed so as to illuminate only the ag NHS appl}eable Lot and so as not to affect or reflect into surrounding reside Wo, sodium or halogen light shall be installed on any Lot whi otherwise approved by the ACC.
inspected, maintained and administere Access to these facilities and ponds is periodically maintain such facilities.
sedimentation, drainage and dgtenti j d ponds are an active utility feature integral to the proper operation of the er se y periodically hold standing water. Each Owner " facilities, sedimentation, drainage and detention heWeclarant may construct, or the ACC may approve, a model exterior finishes, fencing and other components that do not Removal of Soil and Trees. The digging and removal of soil from any Lot by er than the Declarant is expressly prohibited except as necessary in conjunction andscaping or construction of Improvements upon a Lot in accordance with plans and specifications approved by the ACC in accordance with Article 7 of this Declaration. Unless WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 23 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 29 of 90 otherwise approved in writing by the ACC, no tree shall be removed from a Lot except by the Declarant unless otherwise approved in advance and in writing by the ACC.
2.37 Limited or Restricted Driveway Parking. The Association reserves the right to adopt parking rules and regulations within the Property and on any street adjacent thereto. As a result of the required design of the project, driveways constructed on a Lot may not be able to accommodate the parking of vehicles. No vehicle may be parked on a driveway constructed on
thereto. As a result of the required design of the project, driveways constructed on a Lot may not be able to accommodate the parking of vehicles. No vehicle may be parked on a driveway constructed on a Lot if the vehicle, when parked, would obstruct or otherwise block ingress and egres from sidewalks adjacent to the driveway, i.e., no portion of the vehicle may extend/exe during the Development Period.
ARTICLE 3 CONSTRUCTION RESTRICT located on a Lot shall be approved in ad permanently enclosed or otherwise used © Section 7.2.3, The design, type, and materials of all fences, including limited to ornamental fencing, must be approved by the Architectural trol Committee prior to construction pursuant to the approval requirements of Article 7 of this Declaration.
(ii) No wall, fence, planter or hedge in excess of two feet (2') in height shall be erected or maintained on a side lot line forward of point located three feet (3') back from the front exterior corners of the main residential structure WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 24 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 30 of 90 located on a Lot. For the purpose of this provision, the front wall of the main residential structure excludes bay or box windows, chimney structures or any other similar appendage.
(iii) | No wall, fence, or hedge in excess of six feet (6') in height shall be erected and maintained on a side lot line from a point located three feet (3') back from the front exterior corner of the main residential structure, backward to the rear property line on a Lot.
(iv) On corner lots, side yard fences must be set back from property line one-half (12) of the side building line setback show’
main residential structure, backward to the rear property line on a Lot.
(iv) On corner lots, side yard fences must be set back from property line one-half (12) of the side building line setback show’ no side building setback is shown on the Plat, then side yard back from the side property line halfway between the property line.
Bp @thér/structure, including but not limited to jlity boxes, porches, railings and exterior e ACC, match the color of the surface from an surfaces of hardware fixtures), including, without provements.
ith prevent normal construction activities during the construction ner (including Declarant or a Homebuilder) upon or within the ith’ reasonable diligence and conforms to usual construction practices in the area.
that construction upon any Lot does not conform to usual practices in the area as seek an injunction to stop such construction. In addition, if during the course of construction upon any Lot there is excessive accumulation of debris of any kind which would render the Lot WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 25 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 31 of 90 or any portion thereof unsanitary, unsightly, offensive, or detrimental to it or any other portion of the Property, then the ACC may contract for or cause such debris to be removed, and the Owner of the Lot will be liable for all reasonable expenses incurred in connection therewith.
3.6 Roofing. The roofs of all buildings shall be constructed or covered with fiberglass or dimensional shingles of a weathered wood color or other color approved by the ACC. Any other type of roofing material shall be permitted only with the advance approval of the ACC. In addition, roofs of buildings may be constructed with
wood color or other color approved by the ACC. Any other type of roofing material shall be permitted only with the advance approval of the ACC. In addition, roofs of buildings may be constructed with Efficiency Roofing” with the advance written approval of the ACC. For the purpos Section 3.6, “Energy Efficiency Roofing” means shingles that are designed prinjaxil™ wind and hail resistant; (b) provide heating and cooling efficiencies grféaten thy provided by customary composite shingles; or (c) provide solar generatiofy cco) shingles used or otherwise authorized for use within t ityr-and (iii) match the aesthetics of adjacent property. An Owner who desires to g Efficient Roofing will be required to comply with the architectural revigw and % Restrictions. In conjunction with any such app information which will enable the ACC to confir surrounding the swimming pool which, at a = approved in advance by the ACC. Nothing in serStrued to limit or affect an Owner's obligation to comply with any Applica i ning swimming pool enclosure requirements. Unless otherwise approved in 3 not permitted on Solar Energy Device. Solar Energy Devices may be installed with the advance WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 26 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 32 of 90 3.9.1 Application. To obtain ACC approval of a Solar Energy Device, the Owner shall provide the ACC with the following information: (i) the proposed installation location of the Solar Energy Device; and (ii) a description of the Solar Energy Device, including the dimensions, manufacturer, and photograph or other accurate depiction (the “Solar Application”). A Solar Application may only be submitted by an Owner unless the Owner’s
ar Energy Device, including the dimensions, manufacturer, and photograph or other accurate depiction (the “Solar Application”). A Solar Application may only be submitted by an Owner unless the Owner’s tenant provides written confirmation at the time of submission that the Owner consents to the Solar Application. The Solar Application shall be submitted in accordance with the proyisions of Article 7 of this Declaration.
3.9.2 Approval Process. The ACC will review the Solar accordance with the terms and provisions of Article 7 of this Declaratio UNLESS the ACC makes a written determination that placement of despite compliance with Section 3.9.3, will create a condition that su the use and enjoyment of property within the Property by annoyance to persons of ordinary sensibilities. The determination in accordance with the foregoing sentence immediately adjacent to the Owner/applicant pyevide placement. Any proposal to install a Solar En Common Area or property owned or maintained Association must be approved in ot adhere to this Section 3.9 when he estimated annual energy production of the Solar Energy Device, as sermined by using a publicly available modeling tool provided by the National eneWable Energy Laboratory, by more than ten (10%) percent above the energy prOduction of the Solar Energy Device if installed in the location designated by the ACC. If the Owner desires to contest the alternate location proposed by the ACC, the Owner should submit information to the ACC which demonstrates that the Owner's proposed location meets the foregoing criteria. If the Solar Energy WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 27 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 33 of 90
s the foregoing criteria. If the Solar Energy WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 27 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 33 of 90 Device will be located in the fenced area of the Owner's Lot or patio, no portion of the Solar Energy Device may extend above the fence line.
(ii) If the Solar Energy Device is mounted on the roof of the principal residence located on the Owner's Lot, then: (A) the Solar Energy Device may not extend higher than or beyond the roofline; (B) the Solar Energy Device must conform to the slope of the roof and the top edge of the Solar Device parallel to the roofline; and (C) the frame, support brackets, or visible p wiring associated with the Solar Energy Device must be silver, bron.
location of the Rainwater Harvesting System; and (ii) a des¢ System, including the color, dimensions, manufacturer, ifistall a Rainwater Harvesting System on approved in advance and in writing by the he Rainwater Harvesting System must be consistent with the ¢ of the residence constructed on the Owner's Lot, as reasonably ed by the ACC.
(ii) | The Rainwater Harvesting System does not include any language Or other content that is not typically displayed on such a device.
(iii) |The Rainwater Harvesting System is in no event located between the front of the residence constructed on the Owner’s Lot and any adjoining or adjacent street.
WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 28 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 34 of 90 (iv) There is sufficient area on the Owner’s Lot to install the Rainwater Harvesting System, as reasonably determined by the ACC. See Section 3.10.4 for additional guidance.
nty TX Clerk Page 34 of 90 (iv) There is sufficient area on the Owner’s Lot to install the Rainwater Harvesting System, as reasonably determined by the ACC. See Section 3.10.4 for additional guidance.
3.10.4 Guidelines. If the Rainwater Harvesting System will be installed on or within the side yard of a Lot, or would otherwise be visible from a street, Common Area, Area, Special Common Area, or another Owner’s Lot.
Application for a Rainwater Harvesting System that will be installed on or may not prohibit the economic installation of the Rainwat¢ determined by the ACC.
3.11 Xeriscaping. As part of the install eniance of landscaping on an Owner's Lot, an Owner may submit plans for ahd Wostall drought tolerant landscaping (“Xeriscaping”) upon written approval by theA s wners implementing Xeriscaping shall comply with the following: App e ACC is required prior to installing Por Xeriscaping, the Owner shall provide the 3.11.1 Application.
Xeriscaping. To obtain the approval materials, hardscape percentage of yard to b The ACC is not responsible for: (a) errors or omissions in the submitted to the ACC for approval; (b) supervising installation or 3.11.2 Approval Conditions. Unless otherwise approved in advance and in he ACC, each Xeriscaping Application and all Xeriscaping to be installed in WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 29 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 35 of 90 (i) The Xeriscaping must be aesthetically compatible with other landscaping in the community as reasonably determined by the ACC. For purposes of this Section 3.11, “aesthetically compatible” shall mean overall and long-term aesthetic compatibility within the community. For example, an
munity as reasonably determined by the ACC. For purposes of this Section 3.11, “aesthetically compatible” shall mean overall and long-term aesthetic compatibility within the community. For example, an Owner’s Lot plan may be denied if the ACC determines that: a) the proposed Xeriscaping would not be harmonious with already established turf and landscaping in the overall community; and/or b) the use of specific turf oj, plant landscaping of an adjacent property owner, resulting in a reductio appeal of the adjacent property Owner’s Lot.
(ii) No Owners shall install gravel, rocks or cacti titat Cin) g encompass over ten percent (10%) of such Owner’s fro fe (10%) of such Owner’s back yard.
(iii) The Xeriscaping must not aftrg iseases~arr insects that are determined by the ACC.
al deed restrictions which govern the review and approval of proven’ A Kgriscagittg Application submitted to install Xeriscaping on property owned by the A , of the Association will not be approvgd steposal to install Xeriscaping on property mmon by members of the Association must diligently prosecu in accordance E i exe .
. OK (E xéve the Xeriscaping and reinstall the Xeriscaping in accordance with the ping Application. Failure to install Xeriscaping in accordance with the & constitutes a violation of this Declaration and may subject the Owner to fines and Any requirement imposed by the ACC to resubmit a Xeriscaping Application or WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 30 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 36 of 90 remove and relocate Xeriscaping in accordance with the approved Xeriscaping Application shall be at the Owner’s sole cost and expense.
ARTICLE 4
-140 Shelley Coston, Bell County TX Clerk Page 36 of 90 remove and relocate Xeriscaping in accordance with the approved Xeriscaping Application shall be at the Owner’s sole cost and expense.
ARTICLE 4 WEST CANYON TRAILS RESIDENTIAL COMMUNITY, INC.
4.1 Organization. The Association will be a nonprofit corporation created for the purposes, charged with the duties, and vested with the powers of a Texas n@nkrofit corporation. Neither the Certificate nor Bylaws will for any reason be amended therwise changed or interpreted so as to be inconsistent with this Declaration.
4.2 Membership.
4,2. Mandatory Membership.
appurtenant to and will run with the ownership of the Lot membership, and membership may not be severed from p of the Lot, or in any the title to such Lot.
must provide the Association with: (1) a copy of ths acquired title to the Lot; (2) the Owner's address license number, if any; (3) any Mortgagee, and email address of any Resident other Provements and features to be constructed upon the Common Area, as spxined from time to time by the Declarant, in the Declarant’s sole and olute discretion; (ii) The right of the Association to suspend the Member’s right to use the Common Area for any period during which any Assessment against such Member's Lot remains past due and for any period during which such member is in violation of any provision of this Declaration; WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 31 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 37 of 90 (iii) The right of the Declarant, during the Development Period, and the Board thereafter, to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for any purpose;
right of the Declarant, during the Development Period, and the Board thereafter, to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for any purpose; (iv) | With the advance written approval of the Declarant during the Development Period, the right of the Board to grant easements or licenses over and across the Common Area; improving the Common Area and, in furtherance thereof, mortgf Area; (vi) The right of the Declarant, during the Veyélopme!?
the Board, with the advance written approye ‘Den (vii) The right of the Assogiay ; or services with any third parties on such terms as the Boar determine, except that during the Development Period, all such coyetttr t be approved in advance and in which has been assigned use of Spegié right and easement of enjoymadt purposes, and an access eag which easement will be Alp ate by the Declarant, in the Declarant’s sole and absolute discretion; (ii) The right of Declarant to grant additional Lots use rights in and to cial Common Area in a subsequently filed Recorded instrument; (iii) | The right of the Association to suspend the Member's rights to use the Special Common Area for any period during which any Assessment against WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 32 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 38 of 90 such Member’s Lot remains past due and for any period during which such Member is in violation of any provision of this Declaration; (iv) With the advance written approval of the Declarant during the Development Period, the right of the Board to grant easements or licenses over and across the Special Common Area or to dedicate or transfer all or any part of
ten approval of the Declarant during the Development Period, the right of the Board to grant easements or licenses over and across the Special Common Area or to dedicate or transfer all or any part of the Special Common Area to any public agency, authority or utility fgr any purpose; (v) | With the advance written approval of the Declaran Special Common Area; (vi) The right of the Declarant, duzi the Board, with the advance written app Development Period, to promulgate Rules a the Special Common Area and any Improve (vii) The right of the Associa to contract for services with any third parties on such terms as the Boe Development Period, all os ActsNnét be approved in advance and in writing by. the Declarant.
4.3 Governance.
consist of at least three (3) pe special meeting called for provision in this Declara and remove all membe Recorded. Not later anniversary of the date this Declaration is Recorded, or sooner as determiy echarant, the Board shall hold a meeting of Members of the Association for the sb of electing one-third of the Board (the “Initial Member Election Meeting”), re ction of members to the Board (except as provided by Section 4.3) and on all other matters to be voted on by the Members will be calculated as set forth below.
WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 33 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 39 of 90 4.4.1 Owner Votes. The Owner of each Lot will have one (1) vote for each Lot so owned.
4.4.2 Declarant Votes. In addition to the votes to which Declarant is entitled by reason of Section 4.4.1, for every one (1) vote outstanding in favor of any other person or entity, Declarant will have four (4) additional votes until the expiration or termination of the Development Period.
f Section 4.4.1, for every one (1) vote outstanding in favor of any other person or entity, Declarant will have four (4) additional votes until the expiration or termination of the Development Period.
Srporation.
Be necessary OF sentences, the Board, seting on behalf of the Asso times: .
establish and promulgate, and in its distyetionf re-enact, such rules, regulations, policies, awe 2 ee or S proper, covering any and all aspects of the i ial Common Area (including the operation, 2 Association. Any Rules and Regulations, policies, WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 34 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 40 of 90 4.5.4 Assessments. To levy and collect assessments, as provided in Article 6 4.5.5 Right of Entry and Enforcement, To enter at any time without notice in an emergency (or in the case of a non-emergency, after twenty-four (24) hours written notice), without being liable to any Owner or Resident, upon any Lot and into any Improvement thereon for the purpose of enforcing the Restrictions or for the purpose of maintaining or repairing any area, Improvement or other facility to conform to the Restrictions. The « incurred by the Association in connection with the entry upon any Lot and the mainjena Article 6 hereof for Assessments. The Association will have the power g to time, in its own name and on its own behalf, « or in the name of anq Association funds for the purpose of as. The Association may not alter or demolish any Improvements on any Lot other {Mga oh Area or Special Common Area in enforcing these Restrictions before a judi obtained. EACH SUCH OWNE DENT WILL RELEASE AND HOLD HARMLESS THE ASSOCIATION, (IT FICERS, DIRECTORS, EMPLOYEES AND
her {Mga oh Area or Special Common Area in enforcing these Restrictions before a judi obtained. EACH SUCH OWNE DENT WILL RELEASE AND HOLD HARMLESS THE ASSOCIATION, (IT FICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY CO. E, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION INCURR ARISE BY REASON OF THE ASSOCIATION’S ACTS OR ACTIVITIE ECTION 4.5.5 (INCLUDING ANY COST, EXPENSE, LIABILITY, CLAIM F ACTION ARISING OUT OF THE ASSOCIATION'S OF THE ASSOCIA’ 7 8 GE O RS MILAR NEGLIGENCE SHORT OF ACTUAL GROSS NEGLIGENCE.
6 Legal and Accounting Services. To retain and pay for legal and nti rvices necessary or proper in the operation of the Association.
4.5.7 Conveyances. To grant and convey to any person or entity the real property and/or other interest, including fee title, leasehold estates, easements, rights-of-way or WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 35 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 41 of 90 mortgages, out of, in, on, over, or under any Common Area or Special Common Area for the purpose of constructing, erecting, operating or maintaining the following: (i) Parks, parkways or other recreational facilities or structures; (ii) Roads, streets, sidewalks, signs, street lights, walks, driveways, trails and paths; (iti) Lines, cables, wires, conduits, pipelines or other devices fo purposes; (iv) | Sewers, water systems, storm water drainage systems and pipelines; and/or (v) termination of the Development Period, any grant be approved in advance and in writing by the De the advance written approval of the Declarg Declarant are expressly authorized a Common Area or Special Common Area f terms and provisions of this Declaratig 6r any affiliate of Declarant, to manage and operate
e written approval of the Declarg Declarant are expressly authorized a Common Area or Special Common Area f terms and provisions of this Declaratig 6r any affiliate of Declarant, to manage and operate bo the extent deemed advisable by the Board. Personnel functions to the or any other fees a 4.5.9 Property Services. To pay for water, sewer, garbage removal, street andscaping, gardening and all other utilities, services, repair and maintenance for any portion of the Property, Common Area, Special Common Area, private or public recreational WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 36 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 42 of 90 facilities, easements, roads, roadways, rights-of-ways, signs, parks, parkways, median strips, sidewalks, paths, trails, ponds, and lakes.
4.5.10 Other Services and Properties. To obtain and pay for any other property, - services, permits or other governmental approvals, and to pay any other taxes or assessments that the Association or the Board is required or permitted to secure or to pay for pursuant to Applicable Law or under the terms of the Restrictions or as determined by the Board.
4.5.11 Construction on Common Area and Special Common Area. Ta.co new Improvements or additions to any property owned, leased, or licensed by the A including but not limited to the Common Area and the Special Common Arg approval of the Board and the Declarant until expiration or termination o Period.
with Declarant or any third party on such terms and provi operate and maintain any Common Area, Special Com mprovement, or other property, or to provide any service, including but h imi to cable, utility, or 2 Declarant, the Board, the riod, all Bulk Rate Contracts must be
ntain any Common Area, Special Com mprovement, or other property, or to provide any service, including but h imi to cable, utility, or 2 Declarant, the Board, the riod, all Bulk Rate Contracts must be _ that is necessary o e, itt the judgment of the Board, to implement, administer or enforce any of the Restrict decision by the Board to delay or defer the exercise of the power Common Area, and any Improvements thereon must be approved in advance and in writing by the Declarant during the Development Period.
WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 37 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 43 of 90 4.6 Conveyance of Common Area and Special Common Area to the Association.
The Association may acquire, hold, and dispose of any interest in tangible and intangible personal property and real property. Declarant, and its assignees, reserves the right, from time to time and at any time, to designate, convey, assign or transfer by written and Recorded instrument property being held by the Declarant for the benefit of the Association. Upon the Recording of a designation, the portion of the property identified therein will be considered or required to discharge the Association’s obligations under this Declaration, suf terms and limitations to such easement set forth in the designation. Declarant g: Oran RA A 7 firthér action by the instrument, in a form requested by the Declara personal property; provided, however, execution other real or personal p re-convey to Declarant 4 to any threatened pending or completed action, suit or proceeding, whether inistrative or investigative by reason of the fact that such person is, or was, a including attorneys’ fees, reasonably incurred by such person in connection with such
ion, suit or proceeding, whether inistrative or investigative by reason of the fact that such person is, or was, a including attorneys’ fees, reasonably incurred by such person in connection with such action, suit or proceeding if it is found and determined by the Board or a court of competent jurisdiction that he or she: (1) acted in good faith and in a manner he or she reasonably believed WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 38 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 44 of 90 to be in, or not opposed to, the best interests of the Association; or (2) with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful. The termination of any action, suit or proceeding by settlement, or upon a plea of nolo contendere or its equivalent, will not of itself create a presumption that the person did not act in good faith or in a manner which was reasonably believed to be in, or not opposed to, the best interests of the Association or, with respect to any criminal action or proceeding, had reasonable cause to believe that his or her conduct was unlawful.
4.8 Insurance, The Board may purchase and cause to be maintained, at afi such liability or otherwise.
4.9 Bulk Rate Contracts. Without limitation powers set out in Section 4.5 hereinabove (except that duri Rate Contracts must be approved in advance and in writin will have the power to enter into Bulk Rate Contra Association may enter into Bulk Rate Contracts with a ervice providers chosen by the Board (including Declarant, and/or any entities in whj snt, or the owners or partners of Declarant are owners or participants, digeptly D The Bulk Rate Contracts may be entered into on such terms and provisions
luding Declarant, and/or any entities in whj snt, or the owners or partners of Declarant are owners or participants, digeptly D The Bulk Rate Contracts may be entered into on such terms and provisions discretion. The Association may, at ije"Oppi pment Period, all Bulk larant), the Association ssessments (Regular, Special, Service Area, ase may be) against such Owner's Lot. In this regard, it is agreed and f any Owner fails to pay any charges due by such Owner under the ter ate Contract, then the Association will be entitled to collect such charges by ¢ isirlg the same rights and remedies it would be entitled to exercise under this Declaratigr-wa without limitation/thé Tight to“foreclose the lien against such Owner’s Lot which is reserved under the termg_a’ vod ons of this Declaration. In addition, in the event of nonpayment by any Owner nacets due under any Bulk Rate Contract and after the lapse of at least such charges were due, the Association may, upon five (5) days’ prior such Owner (which may run concurrently with such 12 day period), in er rights and remedies available pursuant to Applicable Law, terminate, in Special Common Area, or Lot) directly to the applicable service or utility provider. Such notice will consist of a separate mailing or hand delivery at least five (5) days prior to a stated date of termination, with the title WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 39 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 45 of 90 “termination notice” or similar language prominently displayed on the notice. The notice will include the office or street address where the Owner (or the Resident of such Owner's Lot) can make arrangements for payment of the bill and for re-connection or re-institution of service. No
ice will include the office or street address where the Owner (or the Resident of such Owner's Lot) can make arrangements for payment of the bill and for re-connection or re-institution of service. No utility or cable television service will be disconnected on a day, or immediately preceding a day, when personnel are not available for the purpose of collection and reconnecting such services.
4.10 Community Systems. The Association is specifically authorized to provide, or to enter into contracts with other persons or entities to provide Community Systems. A’ contracts may provide for installation, operation, management, maintenance, and y modifications to the Community Systems as the Board determines appropriate: Period, any contracts entered pursuant to this Section 4.10 writing by the Declarant.
4.11 Protection of Declarant’s Interests.
Board by Owners other than Declarant, until the Declarant, or which would be detrimenté ale of Lots or any other portion of the Property owned by Declarant. Declar discretion, whether any such ag&j be required to continue the gas ality of maintenance, operations and services as ion of control of the Board by Owners other than ion of the Development Period.
endments or supplements to the foregoing which may be duly ently required by any institutional or governmental lender, purchaser, ation) or by any governmental or quasi-governmental agency having risdiction over the Common Area or the Special Common Area or by any title Ompany selected by Declarant to insure title to any portion of the Common Area.
WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 40 4832-4454-3138v.5 55663-140
or by any title Ompany selected by Declarant to insure title to any portion of the Common Area.
WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 40 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 46 of 90 4.13 Maintenance Provided by Association. The Association shall not be liable for injury or damage to person or property caused by the elements or by the Owner or Resident of any Lot or any other person or resulting from any utility, rain, snow or ice which may leak or flow from any portion of Common Area, Special Common Area, or Service Area, or from any pipe, drain, conduit, appliance or equipment which the Association is responsible to maintain hereunder. The Association shall not be liable to any Owner or Resident of any Lot for loss or damage, by theft or otherwise, of any property, which may be stored in or upon any ff the action taken by the Association to comply with any la directive of any municipal or other governmental authority merger or consolidation of the Associa obligations of another association may, by the Property, together wi under its jurisdiction. Ng On 12.1 below, relating to the design or construction of Improvements e or more). This Section 4.15 may not be amended or modified without e Recorded amendment instrument.
ARTICLE 5 INSURANCE WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 41 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 47 of 90 5.1 Insurance. Each Owner will be required to purchase and maintain commercially standard insurance on the Improvements located upon such Owner’s Lot. The Association will not be required to maintain insurance on the Improvements constructed upon any Lot. The
maintain commercially standard insurance on the Improvements located upon such Owner’s Lot. The Association will not be required to maintain insurance on the Improvements constructed upon any Lot. The Association may, however, obtain such insurance as it may deem necessary, including but not limited to such policies of liability and property damage insurance as the Board, in its discretion, may deem necessary. Insurance premiums for such policies will be a common expense to be included in the Assessments levied by the Association. The acquisifion of insurance by the Association will be without prejudice to the right and obligation of anyOwner ARE YOU COVERED?
The Association will not provide insurance which covers 2 destroyed structures to their same exterior conditio thereof, or (ii) in the case of substantial or total da estoration or replacement will be Anlike manner using exterior materials pair, restoration, removal, or replacement of substantial or total damag: ation in one hundred and twenty (120) days after the occurrence of such damag ion, and thereafter prosecute the same to completion, or if the Owner does not Eléafyip & ris resulting from any damage within thirty (30) days after the occurrence of € Jarhage, the Association may commence, complete or effect such repair, restoration, yéplae or clean-up, and such Owner will be personally liable to the work; provided, however, that if the Owner is prohibited or ffrom commencing such repair, restoration, replacement or clean-up, wful rate, or if there is no such maximum lawful rate, then at the rate of one percent (142%) per month) will be added to the Assessment chargeable to the ot. Any such amounts added to the Assessments chargeable against a Lot will be
maximum lawful rate, then at the rate of one percent (142%) per month) will be added to the Assessment chargeable to the ot. Any such amounts added to the Assessments chargeable against a Lot will be secured by the liens reserved in this Declaration for Assessments and may be collected by any means provided in this Declaration for the collection of Assessments, including, but not limited WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 42 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 48 of 90 to, foreclosure of such liens against the Owner's Lot. EACH SUCH OWNER WILL RELEASE AND HOLD HARMLESS THE ASSOCIATION AND ITS OFFICERS, DIRECTORS, COMMITTEE MEMBERS, EMPLOYEES AND AGENTS FROM ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION INCURRED OR THAT MAY ARISE BY REASON OF THE ASSOCIATION’S ACTS OR ACTIVITIES UNDER THIS SECTION 5.2, EXCEPT FOR SUCH COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR COST OF ACTION ARISING BY REASON OF THE ASSOCIATION’S OSS NEGLIGENCE OR WILLFUL MISCONDUCT. “GROSS NEGLIGENCE” AS USED DOES NOT INCLUDE SIMPLE NEGLIGENCE, CONTRIBUTORY NEGLI SIMILAR NEGLIGENCE SHORT OF ACTUAL GROSS NEGLIGENCE.
insurance proceeds allocable to such repair, restoration o' Association. ‘Upon request by the Board, and beforathe contx ént of any reconstruction, repair, restoration or replacement, such Owner’ execute all documents sufficient to effectuate such mechanic’s and materialmen’s lien j Nof the Association.
T COVENAN SMENTS 6.1 Assessments.
Assessments established by the Board Wwticle 6 will be levied against each Lot in amounts ation; Lien. Each Assessment, together with such interest gtion as hereinafter provided, will be the personal obligation of the
lished by the Board Wwticle 6 will be levied against each Lot in amounts ation; Lien. Each Assessment, together with such interest gtion as hereinafter provided, will be the personal obligation of the efed by Declarant to the Association against each such Lot and all fereon (such lien, with respect to any Lot not in existence on the date hereof, 6.1.3 Declarant Subsidy, During the Development Period, Declarant shall have the obligation to subsidize the Association from time to time in order to cover any shortfall in WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 43 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 49 of 90 the operating budget to cover the actual expenses of the Association. Any such subsidy shall not be characterized as a loan to the Association from the Declarant. Any subsidy paid by the Declarant shall be conspicuously disclosed as a line item in the budget and shall be made known to the Members. If the shortfall is the result of the failure or refusal of an Owner or Owners to pay their Assessments and Declarant has paid any sums to cover such shortfall, the Association will diligently pursue all available remedies against such defaulting Owners and will promptly reimburse Declarant for any sums paid to the extent of the amounts collected by the Association.
6.3 Regular Assessments. Prior to the beginning prepare a budget for the purpose of determining amounts expenses of the Association (the “Regular Assessments”) administering and enforcing the Restrictions; ; maintain a reasonable provision for con giving due consideration to any expected @ and which (iii) excludes the operatje expenses associated with any sufficient to pay such estima binding so long as it ig reason, including nonp@
ion for con giving due consideration to any expected @ and which (iii) excludes the operatje expenses associated with any sufficient to pay such estima binding so long as it ig reason, including nonp@ time, and from time ectal Assessments. In addition to the Regular Assessments provided for may levy special assessments (the “Special Assessments”) whenever in the on such Special Assessments are necessary to enable the Board to carry out the the Association under the Restrictions. The amount of any Special Assessments beat the sole discretion of the Board. In addition to the Special Assessments authorized above, the Association may, in any fiscal year, levy a Special Assessment for the purpose of WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 44 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 50 of 90 defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area or Special Common Area. Any Special Assessment levied by the Association for the purpose of defraying, in whole or in part, costs of any construction, reconstruction, repair or replacement of capital improvement upon the Common Area will be levied against all Owners based on Assessment Units. Any Special Assessments levied by the Association for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon any Special Common Area will be levied against all Owners who have been assigned the ob\gation to pay Special Common Area Assessments based on Assessment Units.
me and surplus from gnses associated with a its sole and absolute discretion, and the Board’s deteynWpation will be final and binding so long
Special Common Area Assessments based on Assessment Units.
me and surplus from gnses associated with a its sole and absolute discretion, and the Board’s deteynWpation will be final and binding so long as it is made in good faith. If the sums collected prove adequate for any reason, including non-payment of any individual Special Commg ment, the Association may at any time, and from time to time, levy furtot Z on Area Assessments in the same manner as aforesaid. All such Special Cork ed Assessments will be due and payable to the Association at the beginning of t! ar or during the fiscal year in equal monthly installments on or before the first day of ea Orth, or in such other manner as the Board may ns. Prior to the beginning of each fiscal year, the Board each Service Area reflecting the estimated Service Area will prepare a separate Expenses to be incurred b.7 Individual Assessments. In addition to any other Assessments, the Board may levy an individual assessment (the “Individual Assessment”) against an Owner and the WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 45 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 51 of 90 Owner’s Lot. Individual Assessments may include, but are not limited to: interest, late charges, and collection costs on delinquent Assessments; reimbursement for costs incurred in bringing an Owner or the Owner's Lot into compliance with this Declaration; fines for violations of the Restrictions; transfer-related fees and resale certificate fees; fees for estoppel letters and project documents; insurance deductibles; reimbursement for damage or waste caused by willful or negligent acts of the Owner, the Owner's guests, invitees or Residents of the Owner's Lot;
letters and project documents; insurance deductibles; reimbursement for damage or waste caused by willful or negligent acts of the Owner, the Owner's guests, invitees or Residents of the Owner's Lot; common expenses that benefit fewer than all of the Lots, which may be assessed according to through” expenses for services to Lots provided through the Association and which/repaidby each Lot according to the benefit received. ~ 6.8 Working Capital Assessment. Each Owner (other than Dec! ajLot will pay a one-time working capital assessment (the "Working Capitgr~As ) to the dtd heseattgr. The Working of a Lot to a subsequent Owner of a Lot). Each Woxking CapitatAsséssment will be collected from the transferee of a Lot upon the conveyan the Lot from one Owner (including Declarant) to another (expressly including any rec e of the Lot upon resale or transfer thereof). Such Working Capital Assessment ne rm among all Lots, and the Board is expressly authorized to levy Working the size, use and general character of th Association may use the working cap Working Capital Assessment wi signed by the Declarant or aff of the Working Capital Assé ita ts of varying amounts depending on eing made subject to such levy. The arge operating expenses. The levy of any Association’s assegéna@its isn; Wi) transfer to, from, or by the Association; (iii) voluntary transfer who (i) is a Homebuilder; or (ii) acquires a Lot for the purpose of resale » “Development Owner”) will not be subject to the Working Capital a Homebuilder or Development Owner for residential living purposes or by
Homebuilder; or (ii) acquires a Lot for the purpose of resale » “Development Owner”) will not be subject to the Working Capital a Homebuilder or Development Owner for residential living purposes or by ho: (i) acquires a Lot and is not in the business of constructing single-family constructing a single-family residence thereon for resale to a third party. In the event of any dispute regarding the application of the Working Capital Assessment to a particular Owner, the WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 46 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 52 of 90 Declarant’s during the Development Period, and thereafter the Board’s, determination regarding the application of the exemption will be binding and conclusive without regard to any contrary interpretation of this Section 6.8. The Working Capital Assessment will be in addition to, not in lieu of, any other Assessments levied in accordance with this Article 6 and will not be considered an advance payment of such Assessments. The Declarant during the Development Period, and thereafter the Board, will have the power to waive the payment of any Working Capital Assessment attributable to a Lot (or all Lots) by the Recordatioy of a waiver notice, which waiver may be temporary or permanent.
6.9 Amount of Assessment.
nit“allocated to a Lot that has been assigned the obligation to pay Special Com sessments for specified Special Common Area. Service Area Assessments levied p 2 Section 6.6 will be levied either: (i) equally; (ii) based on Assessment Units 2 Pre within the Service Area; or (iii) based on the benefit received among all Lots Within the Service Area to which such Service Area Assessment relates.
6.9.2 Assessment Unit.
d on Assessment Units 2 Pre within the Service Area; or (iii) based on the benefit received among all Lots Within the Service Area to which such Service Area Assessment relates.
6.9.2 Assessment Unit.
otherwise provided in Section 6.9.3 "UC Notwithstanding anything in this Declaration to on Lots owned by Declarant.
5 Declarant may, in its sole discretion, elect to: SaiMproved portion af the Property or any Lot from any Noved or improved portion of the Property; or (iii) reduce the any un-platted, unimproved or improved portion of the Property.
may also exempt any portion of the Property which is dedicated and hority from Assessments.
ate Charges. If any Assessment is not paid by the due date applicable thereto, -sponsible for the payment may be required by the Board, at the Board’s election at designate, and the late charge (and any reasonable handling costs) will be levied as an Individual Assessment against the Lot owned by such Owner, collectible in the manner as WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 47 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 53 of 90 provided for collection of Assessments, including foreclosure of the lien against such Lot; provided, however, such charge will never exceed the maximum charge permitted under Applicable Law.
6.11 Owner's Personal Obligation; Interest. Assessments levied as provided for herein will be the personal and individual debt of the Owner of the Lot against which are levied such Assessments. No Owner may exempt himself from liability for such Assessments. In the event of default in the payment of any such Assessment, the Owner of the Lot will be of to pay interest on the amount of the Assessment at the highest rate allowed by applica
such Assessments. In the event of default in the payment of any such Assessment, the Owner of the Lot will be of to pay interest on the amount of the Assessment at the highest rate allowed by applica laws then in effect on the amount of the Assessment from the due date therefor (9 Such amounts will be levied as an Individual Assessment against Owner.
will be superior to all other liens and c governmental assessment liens; (ii) all su Recorded first deed of trust lien of record extefit such lien secures sums borrowed for the (iii) home equity loans or home equity lines ond mortgage lien or Recorded second deed of eqtiired by Applicable Law; provided that, in the case ye, such Mortgage was Recorded before the delinquent Assessment was due.
Assessment lien to g and such subordi to have granted a power of sale to the Association to secure and enforce the Assessment lien granted hereunder. The Assessment liens and rights to foreclosure thereof will be in addition to and not in substitution of any other rights and remedies the Association may WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 48 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 54 of 90 have by law and under this Declaration, including the rights of the Association to institute suit against such Owner personally obligated to pay the Assessment and/or for foreclosure of the aforesaid lien. In any foreclosure proceeding, such Owner will be required to pay the costs, expenses and reasonable attorney's fees incurred. The Association will have the power to bid (in cash or by credit against the amount secured by the lien) on the property at foreclosure or other legal sale and to acquire, hold, lease, mortgage, convey or otherwise deal with the same.
r to bid (in cash or by credit against the amount secured by the lien) on the property at foreclosure or other legal sale and to acquire, hold, lease, mortgage, convey or otherwise deal with the same.
Upon the written request of any Mortgagee, the Association will report to said Mortgage The lien hereunder will not be affected by the sale or transfer of any Lot; except, in the event of foreclosure of any lien superior to the Assessment lien, the only to the extent that funds are available after the satisfaction of the } the Mortgage. The provisions of the preceding sentence wi ‘o the lien hereby retained, in the officer, agent, or attorney of the Association.
@ avd after the lapse of at least twelve (12) event of nonpayment by any Owner of ai (which may run concurrently with s Mn day period) to such Owner, in addition to all other rights and remedi i puant to Applicable Law, equity or otherwise, siSt of a separate mailing or hand delivery at least five (5) ‘connection, with the title “termination notice” or similar sl on the notice. The notice will include the office or street services. Except as otherwise provided by Applicable Law, the sale or will not relieve the Owner of such Lot or such Owner’s transferee from liability essments thereafter becoming due or from the lien associated therewith. If an eys its Lot and on the date of such conveyance Assessments against the Lot remain ° said Owner owes other sums or fees under this Declaration to the Association, the Owner will pay such amounts to the Association out of the sales price of the Lot, and such sums will be paid in preference to any other charges against the Lot other than liens superior to the WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 49 4832-4454-3138v.5 55663-140
will be paid in preference to any other charges against the Lot other than liens superior to the WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 49 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 55 of 90 Assessment lien and charges in favor of the State of Texas or a political subdivision thereof for taxes on the Lot which are due and unpaid. The Owner conveying such Lot will remain personally liable for all such sums until the same are fully paid, regardless of whether the transferee of the Lot also assumes the obligation to pay such amounts. The Board may adopt an administrative transfer fee to cover the expenses associated with updating the Association’s records upon the transfer of a Lot to a third party; provided, however, that no transfer fee will be due upon the transfer of a Lot from Declarant to a third party.
Yes, the Association can foreclose on your Lot!
Lot if the Association forecloses its assessment lien.
6.13 Exempt Property. The following areas will be exempt provided for in this Article: (i) All area dedicated and accepts (ii) The Common Area and the Spa (iii) | Any portion of the Pro owned by Declarant.
ees’ pursuant to the Fine and Collection Policy * levied in accordance with this Section 6.14 will be The Board may assess dg from property da caused by the O authority to sex them to confy ules and Regulations and/or informing them of potential or probable gsments. The Board may from time to time adopt a schedule of fines.
granted to the Association pursuant to Section 6.1.2 of this Declaration. The fine and/or damage charge will be considered an Assessment for the purpose of this Article and will be enforced in WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 50
tion. The fine and/or damage charge will be considered an Assessment for the purpose of this Article and will be enforced in WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 50 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 56 of 90 accordance with the terms and provisions governing the enforcement of assessments pursuant to this Article 6.
ARTICLE 7 ARCHITECTURAL CONTROL COMMITTEE Declarant has a substantial interest in ensuring that Improvements within the Property maintain and enhance Declarant’s reputation as a community developer and do no Declarant’s ability to market and sell all or any portion of the Property. Until Dg any other Owner or the Association. Notwithstanding any provision in thié contrary, Declarant may appoint a single person to exercise the rights Improvement constructed or caused to be constructed by the Declarp 7.1 Construction of Improvements. No Imp constructed, painted, altered, modified or remodeled o re-subdivided or consolidated with other Lots o erty, without the prior written approval of the ACC.
7.2 be composed of not more than three (3) pointed as provided below, who will review 7.2.1 Composition.
persons (who need not be Members 9 ¥ will have the right to appoint and remove (with or ACC. Any assignment by Declarant of the right to appoint embers of the ACC. In the event responsibilities and duties are assigned to a subcomunittee, those responsibilities and duties will no longer be discharged by the ACC unless the WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 51 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 57 of 90 sub-committee exercising such duties and responsibilities is dissolved by Declarant. The right
ITIONS AND RESTRICTIONS 51 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 57 of 90 sub-committee exercising such duties and responsibilities is dissolved by Declarant. The right to create, dissolve, and appoint members of such sub-committees will reside exclusively with Declarant until such time as Declarant has assigned its right to appoint members of the ACC to the Association. The ACC will have the right to employ consultants and advisors as it deems necessary or appropriate.
plans and specifications or, when an Owner desires solely to re-subdivide or consolidaté proposal for such re-subdivision or consolidation, will be submitted in accordange Design Guidelines, if any, or any additional rules adopted by the ACC together wi fee which is imposed by the ACC in accordance with Section 7.2.3 to the ACY 9 construct the proposed structure or Improvement have bee of the members of the ACC. The ACC may, in reviewing s harmony of external design and location in rela vegetation, and finished grade elevation. The AC specifications submitted for approval pending yéceipt’s ACC, in its sole discretion, may requirec Site pla be approved by the ACC prior to the surrounding structures, topography, ostpone its review of any plans and clearing of any Lot, or the construction of ents. The ACC may refuse to approve plans and specifications for proposed S, or for the re-subdivision or consolidation of any Lot on any grounds that i sO absolute discretion of the ACC, are deemed sufficient, including, but no aesthetic grounds.
A 163. Declarant may adopt the initial Design Guidelines and, during the Develop eridd, will have the power from time to time, to adopt (unless
deemed sufficient, including, but no aesthetic grounds.
A 163. Declarant may adopt the initial Design Guidelines and, during the Develop eridd, will have the power from time to time, to adopt (unless amend, modify, or supplement the Design Guidelines, if any.
Tm of the Development Period, the ACC, or any sub-committee thereof created p tnt Section 7.2.1, will have the power from time to time, to amend, modify, or sfipplement thé Design Guidelines, if any; provided, however, that any amendment “Design\Guidelines made by a sub-committee will only apply to the Improvements under é Bo such sub-committee, and during the Development Period, any such edification or supplement must be approved in advance and in writing by the n the event of any conflict between the terms and provisions of the Design this Declaration will control. In addition, the ACC will have the power and authority to impose a fee for the review of plans, specifications and other documents and information submitted to WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 52 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 58 of 90 it pursuant to the terms of this Declaration. Such charges will be held by the ACC and used to defray the administrative expenses incurred by the ACC in performing its duties hereunder; provided, however, that any excess funds held by the ACC will be distributed to the Association at the end of each calendar year. The ACC will not be required to review any plans until a complete submittal package, as required by this Declaration and the Design Guidelines, is assembled and submitted to the ACC. The ACC will have the authority to adopt such additional procedural and substantive rules and guidelines (including, without limitatign, the
e Design Guidelines, is assembled and submitted to the ACC. The ACC will have the authority to adopt such additional procedural and substantive rules and guidelines (including, without limitatign, the Improvement and the right to approve in advance any contractor selected for the g of Improvements), not in conflict with this Declaration, as it may deem necessar in connection with the performance of its duties hereunder.
7.2.4 Actions of the Architectural Control Committee” resolution unanimously adopted in writing, designate one or more of rey j 1 Onbelalf of the ACC, any plans and specifications are s either to approve or reject such such plans and specifications by the A’ limitation, of the foregoing, any failur be deemed a consent to suchyyari variances will be expressly rg CP retion, such variance is justified. All variances must be pe signed by at least a Majority of the members of the ACC.
Recorded; provided however, that failure to record a variance will purpose except as to the particular property and in the particular instance covered by the variance, and such variance will not be considered to establish a precedent for any future WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 53 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 59 of 90 waiver, modification, or amendment of the terms and provisions of this Declaration or the Design Guidelines, if any.
7.2.7 Duration of Approval. The approval of the ACC of any plans and specifications, and any variances granted by the ACC, will be valid for a period of twenty-four (24) months. If construction in accordance with such plans and specifications or variance is not commenced within such twenty-four (24) month period and diligently prosecuted to
period of twenty-four (24) months. If construction in accordance with such plans and specifications or variance is not commenced within such twenty-four (24) month period and diligently prosecuted to completion within either: (i) three (3) years after issuance of approval of such pla specifications; or (ii) such other period thereafter as determined by the ACC, in jts absolute discretion, the Owner will be required to resubmit such plans and spe plans and specifications in accordance with this Section 7.2.7 and may, in additi change in circumstances which may have occurred since the time of the g 7.2.8 No Waiver of Future Approvals.
wuadtter requiring the aiver of any right to e-ora different person, nor will ant for future approvals by the ACC.
aire ; BOARD, THE ARCHITECTURAL CONTROL COMI LIABLE TO ANY OWNER OR TO AMD .
COMMITTEE'S DUTIES UN ARTICLE 8 GAGE PROVISIONS The followip€ prowi St o¢iation.
WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 54 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 60 of 90 (i) Any condemnation loss or any casualty loss which affects a material portion of the Property or which affects any Lot on which there is an eligible Mortgage held, insured, or guaranteed by such Eligible Mortgage Holder; (ii) Any delinquency in the payment of assessments or charges owed for a Lot subject to the Mortgage of such Eligible Mortgage Holder, where such delinquency has continued for a period of sixty (60) days, or any other jolati of the Restrictions relating to such Lot or the Owner or Resident wt cured within sixty (60) days; or (iii) | Any lapse, cancellation, or material modificatié policy maintained by the Association.
8.2 Examination of Books. The Association will p
he Owner or Resident wt cured within sixty (60) days; or (iii) | Any lapse, cancellation, or material modificatié policy maintained by the Association.
8.2 Examination of Books. The Association will p ind the Property, and will inure to the benefit of and be enforceable by sclation;“ ghd every Owner, including Declarant, and their respective legal representa this Declaration is Reco time this Declaration LOTR total mn Gey votes of the Association, voting in person or by proxy at a meeting Ge pose, written notice of which will be given to all Members at least thirty dvarteg/and will set forth the purpose of such meeting; provided, however, that be effective only upon the Recording of a certified copy of such resolution. The tefhhce shall in no way be interpreted to mean sixty-seven percent (67%) of a ds established pursuant to the Bylaws. Notwithstanding any provision in this to the contrary, if any provision of this Declaration would be unlawful, void, or oink by reason of any Applicable Law restricting the period of time that covenants on land may be enforced, such provision will expire twenty-one (21) years after the death of the last WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 55 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 61 of 90 survivor of the now living, as of the date that this document is first Recorded, descendants of Elizabeth II, Queen of England.
9.2 Eminent Domain, In the event it becomes necessary for any public authority to acquire all or any part of the Common Area or Special Common Area for any public purpose during the period this Declaration is in effect, the Board is hereby authorized to negotiate with such public authority for such acquisition and to execute instruments necessary foy that
ublic purpose during the period this Declaration is in effect, the Board is hereby authorized to negotiate with such public authority for such acquisition and to execute instruments necessary foy that purpose. Should acquisitions by eminent domain become necessary, only the Board made a party, and in any event the proceeds received will be held by the Associg and paid jointly to such Owners and the holders of first respective Lot.
9.3 Amendment, This Declaration ma : érminated by the Recording eclarant acting alone; or (ii) by the president and secretary of the Association setting amendment has been approved by Development Period) and Members entitle number of votes entitled to be cast by tté Association. The foregoing sentence shall in no way be interpreted to xty-géyer percent (67%) of a quorum as established Il be effective without the written consent of the Development Period. Specifically, and not by way of limitation, Decldrapay ally amend this Declaration: (a) to bring any provision into compliance with to issue title insurapee lender, purchaser, Home Loan Mog vith any requirements promulgated by a local, state or governmental bexample, the Department of Housing and Urban Development.
Aforcement. Except as otherwise provided herein, any Owner of Lot, at such expense, Declarant and the Association will have the right to enforce, by a initiate; defend or intervene in any action brought to enforce any provision of the Restrictions.
Such right of enforcement will include both damages for and injunctive relief against the breach WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 56 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 62 of 90
for and injunctive relief against the breach WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 56 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 62 of 90 of any provision hereof. Every act or omission whereby any provision of the Restrictions is violated, in whole or in part, is hereby declared to be a nuisance and may be enjoined or abated by any Owner of a Lot (at such Owner’s own expense), Declarant or the Association. Any violation of any Applicable Law pertaining to the ownership, occupancy, or use of any portion of the Property is hereby declared to be a violation of this Declaration and subject to all of the enforcement procedures set forth herein. Failure to enforce any right, provision, covenant, or condition set forth in the Restrictions will not constitute a waiver of the right to enforce to enforce the terms and provisions of the Restrictions shall in no event give rise to 4 liability against the Declarant, the Association, or any of their partners, director agents. EACH OWNER, BY ACCEPTING TITLE TO ALL OR ANY POR PROPERTY, HEREBY RELEASES AND SHALL HOLD HARMLESS DECLARANT, THE ASSOCIATION, AND THEIR PARTNERS, DIR AGENTS FROM AND AGAINST ANY DAMAGES, CLAIM$,.© 9.6 court of competent jurisdiction, such invali of this Declaration, or, to the extent pe erflict between the provisions of this Declaration, the bd Regulations adopted pursuant to the terms of such \ Each grantee of Declarant of a Lot or other real grest in the Property, by the acceptance of a deed of conveyance, or each subsequent ts, liens and charges, and the jurisdiction rights and powers created or reserved by this Declaration or to whom this Declaration is subject, and all rights, benefits and privileges of WEST CANYON TRAILS
liens and charges, and the jurisdiction rights and powers created or reserved by this Declaration or to whom this Declaration is subject, and all rights, benefits and privileges of WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 57 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 63 of 90 every character hereby granted, created, reserved or declared. Furthermore, each grantee agrees that no assignee or successor to Declarant hereunder will have any liability for any act or omission of Declarant which occurred prior to the effective date of any such succession or assignment. All impositions and obligations hereby imposed will constitute covenants running with the land within the Property, and will bind any person having at any time any interest or estate in the Property, and will inure to the benefit of each Owner in like manner as though the provisions of this Declaration were recited and stipulated at length in each and every d conveyance.
9.10 Damage and Destruction. The Association shall undertake the follo subsequent to damage or destruction to all or any part of the Common Area or i Area covered by insurance: Board, or its duly authorized agent, will proceed with thg S arising under such insurance and obtain reliable and detailed estimate$ of the cost of repair of the damage. Repair, as used in this Section 9.10.1, means tiing of restoring the Common Area or Special Common Area to substantially th other casualty.
9.10.2 Repair Obligationga An or the Special Common Area will be ao if O a sixty (60) days after the casualty not OK insurance proceeds to be paid as a re ch damage or destruction, or reliable and detailed ON pea by the Association in a neat and attractive condition.
if O a sixty (60) days after the casualty not OK insurance proceeds to be paid as a re ch damage or destruction, or reliable and detailed ON pea by the Association in a neat and attractive condition.
4/ Special Assessment for Common Area. If insurance proceeds are paid to gny damaged or destroyed Common Area, and such proceeds are not sufficient WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 58 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 64 of 90 9.10.5 Special Assessment for Special Common Area. If insurance proceeds are paid to restore or repair any damaged or destroyed Special Common Area, and such proceeds are not sufficient to defray the cost of such repair or restoration, the Board will levy a Special Common Area Assessment, as provided in Article 6, against all Owners who have been assigned the obligation to pay Special Common Area Assessments attributable to such Special Common Area. Additional Assessments may be made in like manner at any time during or following the completion of any repair.
9.11 No Partition. Except as may be fertni in. this Declaration or amendments thereto, no physical partition of the Com, Common Area or any part thereof will be permitted, nor will any person ac seek any such judicial partition unless the-p Hie Property, the Common Area, or Special Common Area in question has peen the provisions of this Declaration pursuant to Section 114 below. Thi not be construed to prohibit the Board from onal property or from acquiring title to real property that may or may not bé §,Declaration, nor will this provision be constructed to prohibit or affect the créa sondominium regime in accordance with the Texas Uniform Condominium Act.
WEST CANYON TRAILS
that may or may not bé §,Declaration, nor will this provision be constructed to prohibit or affect the créa sondominium regime in accordance with the Texas Uniform Condominium Act.
WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 59 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 65 of 90 9.13 View Impairment, Neither Declarant nor the Association guarantee or represent that any view over and across the Lots, or any open space or Common Area or Special Common Area within the Property will be preserved without impairment. Neither the Declarant, the ACC, nor the Association shall have any obligation to relocate, prune, or thin trees or perform other landscaping. The Association (with respect to any Common Area or Special Common Area) will have the right to add trees and other landscaping from time to time, subject to Applicable Law. There shall be no express or implied easements for view purposes or for the passage of light and air.
9.14 Safety and Security. Each Owner and Resident of a Lot, and the guests and invitees, shall be responsible for their own personal safety and the property within the Property, the Common Area or Special Common Are& may, but shall not be obligated to, maintain or support certain activities w security which each person provides for himself or herself g yerty. However, neither the Association nor the Declarant nor their Directo fes~or-agents shall in any hin the Property, the ‘ for any loss or damage ineffectiveness of security measures any systems or measures, including security monitoring systems or any gate, meg Property, the Common Area or Spggal circumvented; or that any such system or s loss or provide the detection or protect icf the system is designed or intended. Each
monitoring systems or any gate, meg Property, the Common Area or Spggal circumvented; or that any such system or s loss or provide the detection or protect icf the system is designed or intended. Each Owner acknowledges, undersja responsible for informing any Residents of such Owner's Lot that the Ags i d, its employees, agents, and committees, and the security or safety and that each person within the injury and loss or damage to property, including any dicted upon any Lot and the contents thereof, resulting from ARTICLE 10 EASEMENTS Declarant, its agents, employees, designees, ns will have a right of ingress and egress over and the right of access to the pa or the Special Common Area to the extent necessary to use the Common Area or ommon Area and the right to such other temporary uses of the Common Area or pecial Common Area as may be required or reasonably desirable (as determined by Declarant in its sole discretion) in connection with the construction and development of the WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 60 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 66 of 90 Property. The Property shall be subject to a perpetual non-exclusive easement for the installation and maintenance of, including the right to read, meters, service or repair lines and equipment, and to do everything and anything necessary to properly maintain and furnish the Community Systems and the facilities pertinent and necessary to the same, which easement shall run in favor of Declarant. Declarant shall have the right, but not the obligation, to install and provide the Community Systems and to provide the services available through the Community Systems to any and all Lots within the Property. Neither the Association
ut not the obligation, to install and provide the Community Systems and to provide the services available through the Community Systems to any and all Lots within the Property. Neither the Association Owner shall have any interest therein. Any or all of such services may be provided directly through the Association and paid for as part of the Assessments or pai@ dt right but not the obligation to convey, transfer, sell or assign al Community Systems or all or any portion of the rights, dutig Community Systems are exclusive, and no other person d through the Community Systems installed by De manner be liable, and no user of any Co ify BY 1 be entitled to any refund, rebate, discount or offset in applicable fees, i bn in Community Systems services, regardless of whether or not same is caused of such services. .
ations, limitations, restrictions, easements, rightsd reservations shown on any Plat or otherwise Recorded against the Prépgxty ‘andNa}? grants and dedications of easements, rights-of-way, restrictions and related becoming subject to eelarant reserves the right to relocate, make changes in, and additions to limitations, restrictions, easements, rights-of-way, licenses, leases, eservations and other grants for the purpose of developing the Property.
mprovements, Roadway and Utility Easements. Declarant hereby reserves over and across the Property, or any areas conveyed or maintained by the Association, including but not limited to any Service Area, or any areas reserved or held as Common Area or WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 61 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 67 of 90 the Special Common Area for the installation, operation, maintenance, repair, relocation,
CONDITIONS AND RESTRICTIONS 61 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 67 of 90 the Special Common Area for the installation, operation, maintenance, repair, relocation, removal and/or modification of any Improvements, roadways, walkways, pathways, street lighting, sewer lines, water lines, utility lines, drainage or storm water lines, and/or other pipelines, conduits, wires, and/or any public utility function on, beneath or above the surface of the ground that serve the Property, and any other property owned by Declarant, with the right of access to the same at any time. Declarant will be entitled to unilaterally assign the easements reserved hereunder to any third party who owns, operates or maintains the facilitig not extend to permitting entry into any residence, nor will it unreasonably interfere of any Lot or residence or Improvement constructed thereon. In addition, Special Common Area, or a Service Area.
10.4 Subdivision En subdivision entry ill have the right, from ~ Declarant may designate all or fencing as Common Area, Special Common Area, or Service Area by Recorded Wri . The exercise of the easements reserved hereunder will not extend unreasonably interfere with the use of thereon.
Easement. Declarant hereby reserves for itself Loe ase the Property, the Comunén area and the Declarant may designate all or any portion of the ed hereunder as Common Area, Special Common Area, or Service Area.
asements reserved hereunder will not extend to permitting entry into any Will it unreasonably interfere with the use of any Lot or residence or constructed thereon.
Easement to Inspect and Right to Correct. For a period of ten (10) years after the expiration of the Development Period, Declarant reserves for itself and for the Declarant’s
e or constructed thereon.
Easement to Inspect and Right to Correct. For a period of ten (10) years after the expiration of the Development Period, Declarant reserves for itself and for the Declarant’s WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 62 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 68 of 90 architect, engineer, other design professionals, builder and general contractor the right, but not the duty, to inspect, monitor, test, redesign, correct, and relocate any structure, Improvement, or condition that may exist on any portion of the Property, including the Lots, and a perpetual nonexclusive easement of access throughout the Property to the extent reasonably necessary to exercise this right. The party exercising such rights will promptly repair, at its sole expense, any damage resulting from the exercise of this right. By way of illustration but not limitation, relocation of mechanical or electrical facilities may be warranted by a change of circu imprecise siting of the original facilities, or the desire or necessity to comply more fu Applicable Law. This Section 10.6 may not be construed to create a duty for Dé Association, or any architect, engineer, other design professionals, builder or gey and may not be amended without Declarant’s advanced written consent.
reservation, each Owner, by accepting an interest in or title to a Lot, hereb an easement of access and entry over, across, under, and through without limitation, all Common Areas and the Owner’s Lot the purposes contained in this Section 10.6.
ARTICLE 11 11.1 Development by Declarant. It i plated that the Property will be developed pursuant to a plan, which may, ffom th time, be amended or modified.
Declarant reserves the right, but will no
ARTICLE 11 11.1 Development by Declarant. It i plated that the Property will be developed pursuant to a plan, which may, ffom th time, be amended or modified.
Declarant reserves the right, but will no and marketing of the Property, the righ Property, the right to create and/or d Service Areas and to subdividevall 6n of the Property, subject to any limitations imposed on portions of the Pip plicable Plat. Collectively, the rights reserved to the Declarant as set forthwr\ t! shall be known as the “Development Rights”, and Declarant hereby reser . privilege for itself, and/or its assigns, to exercise the Development Rights, anda sights reserved on behalf of the Declarant as set forth in this Declaration until fwerty-he Development Perigd Soa thé right to appoint and remove Board members and officers of the Association which Gy governed by the provisions set out in Section 4.3. These rights may be 6 any portions of the Property, the Common Area, or the Special rach portion of the Property is developed or dedicated, Declarant may teem appropriate for such Property.
Special Declarant Rights. Notwithstanding any provision of this Declaration to the contrary, at all times, Declarant will have the right and privilege: (i) to erect and maintain advertising signs (illuminated or non-illuminated), sales flags, other sales devices and banners WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 63 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 69 of 90 for the purpose of aiding the sale of Lots in the Property; (ii) to maintain Improvements upon Lots as sales, model, management, business and construction offices; and (iii) to maintain and locate construction trailers and construction tools and equipment within the Property, the
rovements upon Lots as sales, model, management, business and construction offices; and (iii) to maintain and locate construction trailers and construction tools and equipment within the Property, the Common Area, or the Special Common Area. The construction, placement or maintenance of Improvements by Declarant will not be considered a nuisance, and Declarant hereby reserves the right and privilege for itself to conduct the activities enumerated in this Section 11.2 until twenty-four (24) months after expiration or termination of the Development Period.
11.3 Addition of Land. Declarant may, at any time and from time additional lands to the Property. Upon the filing of a notice of addition of lands (i) A reference to this Q document number or volume and init Recorded; (ii) A statement purposes of this Declarati 4nd will be considered Property for all of the terms, covenants, conditions, eclaration will apply to the added land; and clarant may, at any time and from time to time, reduce ‘tty, and remove and exclude from the burden of this pf the Association any portion of the Property. Upon any such e Property hereunder, Declarant will be required only to Record a Declaration and thefuris withdrawal and Gory obligations s fone rir will no longer apply to the portion of the Property withdrawn. To i and o drawa)Of land containing the following provisions: (i) A reference to this Declaration, which reference will state the document number or volume and initial page number where this Declaration is recorded; WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 64 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 70 of 90 (ii) A statement that the provisions of this Declaration will no longer apply to the withdrawn land; and
RESTRICTIONS 64 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 70 of 90 (ii) A statement that the provisions of this Declaration will no longer apply to the withdrawn land; and (iii) A legal description of the withdrawn land.
11.5 Notice of Plat Recordation. Declarant may, at any time and from time to time, file a notice of plat recordation (a “Notice of Plat Recordation”). A Notice of Plat Recordation is Recorded for the purpose of more clearly identifying specific Lots subject to the tex provisions of this Declaration after portions of the Property is made subject to a Pha provisions of this Declaration.
11.6 Assignment of Declarant’s Rights. Notwi Declaration to the contrary, Declarant may, by write i ent-dssign, in whole or in part, er this Declaration to any person or Property. A dispute y significant financial exp refinancing of Lots, arte ease Strife and tension among the Owners, the Board and the ie disputes may have a direct effect on each Owner’s use and epresent the Association in the dispute, and that each Owner will have an participate in the decision-making process prior to initiating the dispute i Introduction and Definitions. The Association, the Owners, Declarant, all persons subject to this Declaration, and each person not otherwise subject to this Declaration who agrees to submit to this Article 12 by written instrument delivered to the Claimant, which WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 65 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 71 of 90 may include, but is not limited to, a Homebuilder, a general contractor, sub-contractor, design professional, or other person who participated in the design or construction of Lots, Common
may include, but is not limited to, a Homebuilder, a general contractor, sub-contractor, design professional, or other person who participated in the design or construction of Lots, Common Area or any Improvement within, serving or forming a part of the Property (individually, a “Party” and collectively, the “Parties”) agree to encourage the amicable resolution of disputes involving the Property and the Common Area to avoid the emotional and financial costs of litigation and arbitration if at all possible. Accordingly, each Party hereby covenants and agrees cat this aauele applies to all Claims as hereafter defined. chi sree 12 may only be amended the Board), and Owners holding 100% of the ~ in the Association. As used i only, the following words, when capitalized, have the following specified meanisz (i) “Claim” means: (A) Claims relating to the rights andl fe Gath pf Declarant’s control and a asserted against the ACC.
(C) Claj Common Area or judge, jury, arbitrg its Claim until Clheinaa as complied with the procedures of this Article. As provided in 4 must be resolved by binding arbitration.
Affecting Common Areas. In accordance with Section 4.15 of this ssociation does not have the power or right to institute, defend, intervene in, wpromise litigation, arbitration or other proceedings: (i) in the name of or on behalf Owner (whether one or more); or (ii) pertaining to a Claim, as defined in Section 12.1 above, relating to the design or construction of Improvements on a Lot (whether one or more).
Additionally, no Lot Owner shall have the power or right to institute, defend, intervene in, WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 66 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 72 of 90
or right to institute, defend, intervene in, WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 66 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 72 of 90 settle or compromise litigation, arbitration or other proceedings relating to the design or construction of the Common Area. Each Lot Owner, by accepting an interest in or to title to a Lot, hereby grants to the Association the exclusive right to institute, defend, intervene in, settle or compromise litigation, arbitration or other proceedings relating to the design or construction of the Common Area. In the event the Association asserts a Claim related to the Common Area, as a precondition to providing the Notice defined in Section 12.5, initiating the mandatory dispute resolution procedures set forth in this Article 12, or taking any other action to progecute a Claim related to the Common Area, the Association must: 12.3.1 Obtain Owner Approval of Engagement.
The requirements related to Owner approval set forth in this Sectio to ensure that the Association and the Owners approve and are fully iyfo engagement agreement between the Association and the i { uétdrney may include requirements that the Association pay costs, fees, and exp e law firm or attorney which will be paid through Assessments levied ggainst ers’ Ahe financial agreement between the Association and the law firm or attoty clude obligations related to payment, and the conditions and circumstances wh ke payment obligations arise, if the relationship between the Association and the attorney is terminated or if the Association agrees to settle the Claimg yn i hg financial arrangement between the Association and the law firm or attorney ji additional costs, expenses, and interest
attorney is terminated or if the Association agrees to settle the Claimg yn i hg financial arrangement between the Association and the law firm or attorney ji additional costs, expenses, and interest charges. This financial obligation ca attorney to prosecute a Clai ign or construction of the Common Area or sociation and a law firm or attorney for the Unless othefwise ed by Members holding eighty percent (80%) of the votes in the , acting through its Board, shall in no event have the authority to rfhey to prosecute a Claim relating to the design or construction of the agreement between the Association and law firm or attorney includes any ent that would obligate the Association to pay any costs, expenses, fees, so the law firm or attorney, including but not limited to, costs, expenses, fees, ges payable by the Association: (i) if the Association terminates the engagement é firm or attorney or engages another firm or third-party to assist with the Claim; (ii) if fhe Association agrees to settle the Claim for a cash payment or in exchange for repairs or remediation performed by the Respondent or any other third-party; (iii) if the Association WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 67 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 73 of 90 agrees to pay interest on any costs or expenses incurred by the law firm or attorney; and/or (iv) for consultants, expert witnesses, and/or general contractors hired by the law firm or attorney. For avoidance of doubt, it is intended that Members holding eighty percent (80%) of the votes in the Association must approve the law firm and attorney who will prosecute the Claim and the written agreement between the Association and the law firm and/or attorney.
ty percent (80%) of the votes in the Association must approve the law firm and attorney who will prosecute the Claim and the written agreement between the Association and the law firm and/or attorney.
The approval of the Members required under this Section 12.3.1 must be obtaine meeting of Members called in accordance with the Bylaws. The notice of Member mee be provided pursuant to the Bylaws but the notice must also include: (a) the na law firm and/or attorney will use to evaluate the Claim and required (ie., the removal of all or portions of the Property). If destructive testing will be required o description of the destructive testing, likely locatia destructive testing occurs the means or Area or Improvements affected by such ent being approved by the Members. In the “y of the votes in the Association approve the law eting an inspection that is required to be memorialized by the Common dciation must have provided at least ten (10) days prior written notice of 12.3.3 Obtain a Common Area Report.
WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 68 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 74 of 90 The requirements related to the Common Area Report set forth in this Section 12.3.3 are intended to provide assurance to the Claimant, Respondent, and the Owners that the substance and conclusions of the Common Area Report and recommendations are not affected by influences that may compromise the professional judgement of the party preparing the Common Area Report, and to avoid circumstances which would create the appearance that the professional judgment of the party preparing the Common Area Report is compromised.
Obtain a written independent third-party report for the Common Area (the “C§
ch would create the appearance that the professional judgment of the party preparing the Common Area Report is compromised.
Obtain a written independent third-party report for the Common Area (the “C§ Area Report”) from a professional engineer licensed by the Texas Board of Pfe subject to the Claim; (iii) a detailed description of any modifications, the Common aiea performed by the Association ora tbinde -par ff previous sentence, the specific and detailed recommendations must also inclkd gedific process, procedure, materials, and/or improvements necessary and requjxed to retyedtate afid/or repair the deficient or defective condition identified in the Common Atea Report and the estimated costs necessary to effect such remediation and/or repairs. sof costs required by the previous sentence shall be obtained from third-party cop h an office located in Bell County, Texas, and each such contractor provi ust hold all necessary or required licenses from the Texas Department of Ligengitig ‘anél Regulation or otherwise required by btained by the Association. The Common Area is Section and is not an “independent” report if: angement or other agreement to provide consulting irm or attorney that presently represents the Association or proposes biation has agreed to reimburse (whether unconditional or conditional and isfaction of requirements set forth in the Association’s agreement with the law the Association for the costs and expenses for preparation of the Common For avoidance of doubt, an “independent” report means that the Association has [ contracted with the Inspection Company on an arms-length basis based _on customary_terms for the preparation of engineering reports and that the Association will WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 69
y on an arms-length basis based _on customary_terms for the preparation of engineering reports and that the Association will WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 69 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 75 of 90 directly pay for the report at the time the Common Area Report is finalized and delivered to the Association.
12.3.4 Provide a Copy of Common Area Report to all Respondents and Owners.
Upon completion of the Common Area Report, and in any event no later than three (3) days after the Association has been provided a copy of the Common Area Report, the Association will provide a full and complete copy of the Common Area Report to each Respondent and to each Owner. The Association shall maintain a written record of each Respondent and{(OQj who was provided a copy of the Common Area Report which will include the date tact the Inspection any information in the ¢ Common Area Report.
roughout the Property for ss, other design professionals, each (90) day period and any additional perigdneed the Common Area Report. Xi 3 heer gard i . In addition to obtaining attorney or law firm engagement agreement, the bers holding eighty percent (80%) of the votes in scribed in Section 12.5, initiate the mandatory dispute a destription of the attorney fees, consultant fees, expert witness fees, and court er incurred by the Association directly or for which the Association may be liable as Y prosecuting the Claim; (v)a summary of the steps previously taken by the Mtion to resolve the Claim, (vi) a statement that initiating the lawsuit or arbitration proceeding to resolve the Claim may affect the market value, marketability, or refinancing of a WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 70
g the lawsuit or arbitration proceeding to resolve the Claim may affect the market value, marketability, or refinancing of a WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 70 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 76 of 90 Lot while the Claim is prosecuted; and (vii) a description of the manner in which the Association proposes to fund the cost of prosecuting the Claim. The notice required by this paragraph must be prepared and signed by a person who is not (a) the attorney who represents or will represent the Association in the Claim; (b) a member of the law firm of the attorney who represents or will represent the Association in the Claim; or (c) employed by or otherwise affiliated with the law firm of the attorney who represents or will represent the Association in the Claim. In the event Members approve providing the Notice described in Section Association, at a special meeting called in accordance with the Bylaws, may elect ta prosecution or pursuit of the Claim.
on a Lot, then this Article 12 will only apply to the extent tha than such Lot Owner’s warranty, as determined in Declarartt’s jcxetton. If a warranty has not been provided to a Lot Owner relating to the design o of any Improvements located on a Lot, then this Article 12 will apply. Cla Lot Owner shall be entitled to prosecute, participat other proceedings as a class member or class repre Declaration. If a Lot Owner brings a Claim, ase construction of any Improvements locat providing the Notice defined in Sectio procedures set forth in this Article 12, Owner must: O 12.4.1 Prov ALON: nspection. As provided in Section 12.4.2 below, an Owner Improvement on equindd which is a written inspection report issued by the Inspection Company.
this Article 12, Owner must: O 12.4.1 Prov ALON: nspection. As provided in Section 12.4.2 below, an Owner Improvement on equindd which is a written inspection report issued by the Inspection Company.
the Owner Improvemen 12.4.2. Obtain an Owner Improvement Report.
e requirements related to the Owner Improvement Report set forth in this Section 12.4.2 are intended to provide assurance to the Claimant and Respondent that the WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 71 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 77 of 90 substance and conclusions of the Owner Improvement Report and recommendations are not affected by influences that may compromise the professional judgement of the party preparing the Owner Improvement Report, and to avoid circumstances which would create the appearance that the professional judgment of the party preparing the Owner Improvement Report is compromised.
Obtain a written independent third-party report for the Improvements (the “Qwner Improvement Report”) from an Inspection Company. The Owner Improvement Repé include: (i) a description with photographs of the Improvements subject to the Ztai previous sentence, the specific and detailed recommendations mus nee ee 1 sc éd to remediate and/or repair the deficient or defective condition identifieg and the estimated costs necessary to effect such remediat gpairs. The estimate of costs required by the previous sentence shall be obtg if The Owner Improvement Repor gbtained by the Owner. The Owner Improvement Report will not satis ifements of this Section and is not: an “independent” report if: (a) thaInspécfion ny has an arrangement or other agreement to provide consulting and/or g Gi ewiges with the law firm or attorney that presently
of this Section and is not: an “independent” report if: (a) thaInspécfion ny has an arrangement or other agreement to provide consulting and/or g Gi ewiges with the law firm or attorney that presently esent the Owner; (b) the costs and expenses for t Report are not directly paid by the Owner to the he date the Owner Improvement Report is finalized and e law firm or attorney that presently represents the Owner or é ner has agreed to reimburse (whether unconditional or Ato) the satisfaction of requirements set forth in the Owner's agreement attérney) the Owner for the costs and expenses for preparation of the Report. For avoidance of doubt, an “independent” report means that the gth_ basis WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 72 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 78 of 90 12.4.3 Provide a Copy of Owner Improvement Report to all Respondents. Upon completion of the Owner Improvement Report, and in any event no later than three (3) days after the Owner has been provided a copy of the Owner Improvement Report, the Owner will provide a full and complete copy of the Owner Improvement Report to each Respondent. The Owner shall maintain a written record of each Respondent who was provided a copy of the Owner Improvement Report which will include the date the report was provided. The Owner Improvement Report shall be delivered to each Respondent by hand-delivery and tg Owner by mail.
12.4.4 Right to Cure Defects and/or Deficiencies Noted on Owne Report. Commencing on the date the Owner Improvement Report has beg (i) inspect any condition identified in the Owner Improvement Inspection Company for additional information necessary and information in the Owner Improvement Report; and (iii) co
ement Report has beg (i) inspect any condition identified in the Owner Improvement Inspection Company for additional information necessary and information in the Owner Improvement Report; and (iii) co Owner Improvement Report. As provided in Section 10.6 a throughout the Property for itself, and its successors, assig during such ninety (90) day period and any addi condition identified in the Owner Improvement Repo ~ A an Owner does not have the power or compromise litigation, arbitration or off Section 12.3.4 (Provide a Copy of Common Area Report to all yners), Section 12.3.5 (Provide Right to Cure Defects and/or Deficiencies Notice. Claimant must notify Respondent in writing of the Claim (the “Notice”), SPplainly and concisely: (i) the nature of the Claim, including date, time, location, persons involved, and Respondent's role in the Claim; (ii) the basis of the Claim (i.e., the provision of the WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 73 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 79 of 90 Restrictions or other authority out of which the Claim arises); (iii) what Claimant wants Respondent to do or not do to resolve the Claim; and (iv) that the Notice is given pursuant to this Section. For Claims governed by Chapter 27 of the Texas Property Code, the time period for negotiation in Section 12.6 below, is equivalent to the sixty (60) day period under Section 27.004 of the Texas Property Code. If a Claim is subject to Chapter 27 of the Texas Property Code, the Claimant and Respondent are advised, in addition to compliance with Section 12.6, to comply with the terms and provisions of Section 27.004 during such sixty (60)
er 27 of the Texas Property Code, the Claimant and Respondent are advised, in addition to compliance with Section 12.6, to comply with the terms and provisions of Section 27.004 during such sixty (60) day period. Section 12.6 does not modify or extend the time period set forth in Section 2¥.004 of the Texas Property Code. Failure to comply with the time periods or actions £pecified, i Section 27.004 could affect a Claim if the Claim is subject to Chapter 27 of the Report and any and all other reports, studies, ana Association related to the Common Area; (b) a Association and the law firm and/or attorney 96] assistance with the Claim; (c) if the ClairfYela Area, reasonable and credible evidence co of the votes in the Association approye@ between the Association and (d) a true and correct copy with Section 12.3.6 above, a »Neadsoratie and credible evidence confirming that Members holding eighty percent (80% és in the Association approved providing the Notice. If the Claimant is not the acidtior and pertains to the Common Areas, the Notice will also include a true and . If the Claimant is not the gla ® i j he copy of the Owner Improvement Report.
eeipt of the Notice, Respondent and Claimant will meet at a mutually ace and time to discuss the Claim. If the Claim involves all or any portion of the en at such meeting or at some other mutually-agreeable time, Respondent and ent’s representatives will have full access to the Property that is subject to the Claim for the purposes of inspecting the Property.
WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 74 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 80 of 90 12.7. Mediation. If the parties negotiate, but do not resolve the Claim through
COVENANTS, CONDITIONS AND RESTRICTIONS 74 4832-4454-3138v.5 55663-140 Shelley Coston, Bell County TX Clerk Page 80 of 90 12.7. Mediation. If the parties negotiate, but do not resolve the Claim through negotiation within one-hundred twenty (120) days from the date of the Notice (or within such other period as may be agreed on by the parties), Claimant will have thirty (30) additional days within which to submit the Claim to mediation under the auspices of a mediation center or individual mediator on which the parties mutually agree. The mediator must have at least five (5) years of experience serving as a mediator and must have technical knowledge or expertise appropriate to the subject matter of the Claim. If Claimant does not submit the Clai mediation within the 30-day period, Respondent will submit the Claim to media after submission to mediation, Respondent or Claimant may initiate arbitratio accordance with Section 12.8.
12.8 Binding Arbitration-Claims. All celeste must be aa : Big tren“of any Claim not referred to arbitration as required by this Section 12.8.
12.8.1 Governing Rules. If a Clai contained in the AAA Supplementary R supplemented or modified by the AAA Rules and Mediation Procedures and AAA entary Procedures for Consumer Related Disputes are referred to herein KAA es). In the event of any inconsistency between the AAA Rules and this Segtws ig. Sécyion 12.8 will control. Judgment upon the award rendered by the arbitratgr {shs thing’ and not subject to appeal, but may be reduced to judgment or enforced ift é g jurisdiction. Notwithstanding any provision to the contrary or any applicad hereunder shall be cord 6 One arbitrator shall be selected by Respondent, in its sole and discretion; (ii) One arbitrator shall be selected by the Claimant, in its sole and
he contrary or any applicad hereunder shall be cord 6 One arbitrator shall be selected by Respondent, in its sole and discretion; (ii) One arbitrator shall be selected by the Claimant, in its sole and absolute discretion; and (iii) | One arbitrator shall be selected by mutual agreement of the arbitrators having been selected by Respondent and the Claimant, in their sole and absolute discretion.
WEST CANYON TRAILS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 75 4832-4454-3138v.5 55663-140