D225041228 03/11/2025 03:17 PM Page: 1 of 75 Fee: $316.00 Submitter: Winstead PC - Austin Electronically Recorded by Tarrant County Clerk in Official Public Records wa NiroLer \ MARY LOUISE NICHOLSON COUNTY CLERK After Recording Return To: Robert D. Burton, Esq.
Winstead, PC 401 Congress Ave., Suite 2100 Austin, Texas 78701 email: [email protected] nN RE AMENDED AND ECLARATION OF COVENANTS, CO AND RESTRICTIONS O COUNTY, TEXAS TIONS FOR WESTOVER SQUARE, RECORDED AS INSTRUMENT NO.
IN THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS.
This Amended and Restated Declaration of Covenants, Conditions and Restrictions may be used only in connection with the residential community known as Westover Square in Tarrant County, Texas, and the operation of Westover Square Homeowners Association, Inc., a Texas non-profit corporation.
4829-3826-9589v.8 63115-1 D225041228 Page 2 of 75 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WESTOVER SQUARE TABLE OF CONTENTS ARTICLE 1, DEBTN RETO NG iessssessessrssnesessenasassreersenxswsnrenenensseeserorurasenesuscronseniseersneeseeeeneseveeneregerasel ARTICLE 2 GENERAL AND USE RESTRICTIONS 1... eeseeeeseeceeceeeeeeeeeeees ARTICLE 3 CONSTRUCTION RESTRICTIONS occ eeeeeessececeseseseeeeeeegaumeess ARTICLE 4 WESTOVER SQUARE HOMEOWNERS ASSOCIA ARTICLE 5 INSURANCE wc csscsssssseetseesscssesesessssesssesssssseeefeeeabesseessenes ARTICLE 6 COVENANT FOR ASSESSMENTS .....pageeescssee NageenoenectagMseecesessessnsessasessseseesesenseees ARTICLE 7 ARCHITECTURAL CONTROL COMMIRCER ........csessssssscscesseeessesessssseeseeeeseseeseees ARTICLE 8 MORTGAGE PROVISIONS 5.
ARTICLE 9 GENERAL PROVISIONS...
ARTICLE 10 EASEMENTS ecop& 2 ypeoeAo Deore Mespessesssesnsssnsssnsssanssnzsensnessassanssansnsnesssesnssnee 57
sessssseeseeeeseseeseees ARTICLE 8 MORTGAGE PROVISIONS 5.
ARTICLE 9 GENERAL PROVISIONS...
ARTICLE 10 EASEMENTS ecop& 2 ypeoeAo Deore Mespessesssesnsssnsssnsssanssnzsensnessassanssansnsnesssesnssnee 57 ARTICLE 11 DEVELOP 8 v usnsssastanesantaesastsesnninasinesieesantnaniesiaseunssnassesie 60 ARTICLE 12 DISPUTE REGQDUTION ccesscsscsssssssssssesssssssssssssssnesenssssssssanssnntnssssssssenesnse 62 i WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 3 of 75 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WESTOVER SQUARE This Amended and Restated Declaration of Covenants, Conditions and Restrictions for Westover Square (this “Declaration’”), is made by WESTOVER SQUARE HOMEOWNERS ASSOCIATION, INC., a Texas non-profit corporation (the “Association”), and is as follatys: RECITALS: B. Pursuant to Section 8.03 of the Origine Neclaration, the Original Declaration may be amended from time to time upon the execution an ording of an instrument setting forth such amendments by the Owners of not less than séve percent (75%) of the House Sites within the Property. Pursuant to Section may be amended by only a vote of sixty* property owners entitled to vote on the a exas Property Code a declaration (67%) of the total votes allocated to e declaration.
spect to that certain real property located in described on Exhibit “A”, attached hereto and 41 of the Original Declaration, Developer, pursuant to that yécorded as Instrument No. D210298856 in the Official Public Class A Tembership first equals or exceeds the total votes outstanding in the Class B membership and, therefore, the Class B membership has ceased and converted to the Class A membership.
WESTOVER SQUARE
ss A Tembership first equals or exceeds the total votes outstanding in the Class B membership and, therefore, the Class B membership has ceased and converted to the Class A membership.
WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 4 of 75 F. Declarant desires to create and carry out a uniform plan for the development, improvement and sale of the Property.
G. The Association has held a meeting of the Members of the Association and this Declaration has been approved by Declarant and Members entitled to cast at least sixty-seven percent (67%) of the total number of votes entitled to be cast by members of the Association.
Declarant executes this Declaration to evidence its approval to the terms and provisions of the Declaration.
H. By the Recording of this Declaration, the Association serves notéce Property is subject to the terms and provisions of this Declaration, which amegfds and Te in the entirety that certain Declaration of Covenants, Conditions and Restri atthifs fk Westhyh e Square, recorded in Volume 7176, Page 1155, in the Official Public Recopes-a 4 County, Texas, as amended by that certain First Amendment to Declaration Y coves iti S257 This Declaration reader. If there is a conf control.
t apart in boxes) to illustrate concepts and assist the any note and the text of the Declaration, the text will ARTICLE 1 DEFINITIONS Adjoining Property” means all that certain tract or parcel of land conveyed by Ridgmar Development Company, Inc., to Robert M. Bass by deed dated September 17, 1979, recorded in Volume 6814, Page 953, of the Deed Records of Tarrant County, Texas, as more WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
September 17, 1979, recorded in Volume 6814, Page 953, of the Deed Records of Tarrant County, Texas, as more WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 5 of 75 particularly described on Exhibit “B” attached hereto and incorporated herein, subject to the Recording of a notice of addition of land pursuant to Section 11.3 of this Declaration.
“Agent” means the managing agent of the Association to whom the Board will delegate certain authority from time to time, as specified in a written agreement with Agent or pursuant to other action taken by the Board. The terms “Manager” shall have the same meaning as Agent.
Fre” construction, placement, modification, alteration or remodeling of any ImprovemeNs on a Lot. As provided in Article 7 the Declarant has assigned its right to apport f 1 ACC members to the Association in a Recorded written instrument.
“Articles” means the Artjcles co on of the Association, filed in the Office of the Secretary of State of Texas,4 oN e amended from time to time.
“Assessment” or fA LAS eans assessments imposed by the Association under this Declaration.
“Board” means the Board of Directors of the Association.
WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 6 of 75 “Bulk Rate Contract” or “Bulk Rate Contracts” means one or more contracts which are entered into by the Association for the provision of utility services or other services of any kind or nature to the Lots. The services provided under Bulk Rate Contracts may include, without limitation, cable television services, telecommunications services, internet access services,
es of any kind or nature to the Lots. The services provided under Bulk Rate Contracts may include, without limitation, cable television services, telecommunications services, internet access services, “broadband” services, security services, trash pick-up services, propane service, natural gas service, lawn maintenance services, wastewater services and any other services of any kind or nature which are considered by the Board to be beneficial to all or a portion of the Property.
Each Bulk Rate Contract must be approved in advance and in writing by the Declar expiration or termination of the Development Period.
may be amended by a Majority of the Board.
“Common Area” means any property and which it otherwise holds rights or obligations, incl Declarant for the benefit of the Association or it Common Area includes any br any easement in favor of the Association. Some Common Area will Owners, while other portions of the Comm! e y be for the use and enjoyment of the Owners and invited members of the pub project documentation fo Manual may include the the Association and the Property. The Community les and Regulations and other policies governing the --sctellite dishes, equipment, materials and installations and fixtures (including those based on, containing and serving future technological advances not now known), if installed by Declarant pursuant to any grant of easement or authority by Declarant within the Property.
WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 7 of 75 “Declarant” or “Developer” means WESTOVER SQUARE, L.P., a Texas limited partnership, its successors or assigns; provided that any assignment(s) of the rights of
9589v.8 63115-1 D225041228 Page 7 of 75 “Declarant” or “Developer” means WESTOVER SQUARE, L.P., a Texas limited partnership, its successors or assigns; provided that any assignment(s) of the rights of WESTOVER SQUARE, L.P., a Texas limited partnership, as Declarant, must be expressly set forth in writing and recorded.
Declarant enjoys special rights and privileges to preserve the uniform development of the Property. These special rights are described in this Declaration. Many of these rights do not terminate until the earlier to occu. 4 of that: (i) Declarant or an entity affiliated or associated with Robert M.
no longer owns any portion of the Property; (ii) Robert M. Bass no longe tion, landscaping and exterior items proposed to be placed on any Lot adopted pir gction 7.2.3, as the same may be amended from time to time. The Design ofisist of multiple written design guidelines applying to specific portions of the\Qrdéperty. At Declarant’s option, Declarant may adopt or amend from time to time the Desi sleliges for the Property or any portion thereof. Notwithstanding anything in this On obligation to establish Design Guidelines , “Development Period” means Declaration has been Recorded apd ehding nty-four (24) months after the date that is the earlier to occur of that: (i) Defl@ragt s y affiliated or associated with Robert M. Bass or : Mof the Property; (ii) Robert M. Bass or Anne T. Bass no voluntarily terminates ights by a Roeerrdex! written instrument fovhiet instrument may . Gatdjedtl .
arant_#eserves the right to facilitate the development, construction and e Pavilion” means Lot 44, Block 1, Westover Square, a subdivision located in , Texas, according to the map or plat thereof recorded in Volume 388-127, Page
facilitate the development, construction and e Pavilion” means Lot 44, Block 1, Westover Square, a subdivision located in , Texas, according to the map or plat thereof recorded in Volume 388-127, Page 63, of thé"Plat Records of Tarrant County, Texas, and amended on the maps or plats thereof filed for record in Volume 388-188, Page 21, of the Plat Records of Tarrant County, Texas and Instrument No. D185353141 of the Official Public Records of Tarrant County, Texas, and any WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 8 of 75 subdivision entry facilities serving the Property, including, but not limited to, entrance pavilion, gates, call boxes, controllers and all other facilities associated with operation of an entrance pavilion and/or gates restricting access to the Private Street. The Entrance Pavilion is designated hereby as Common Area. The Entrance Pavilion will be maintained by the Association in good condition and repair, as determined from time to time by the Board, in accordance with Applicable Law.
“Homebuilder” means an Owner (other than the Declarant) who acquires a Lo construction of a single family residence for resale to a third party.
“Improvement” means all physical enhancements and alterations greens, garages, driveways, parking areas and/or facilities, gates, screening walls, retaining walls, stairs, patios, decks, poles, signs, antennae, exterior air conditioning equipment o water softener fixtures or equipment, and poles, p wells, tafiks, reservoirs, pipes, lines, meters, antennae, towers and other facilities used in.co ion with water, sewer, gas, electric, telephone, regular or cable television, or other utiftie “Lot” or “House Site” means any p
pipes, lines, meters, antennae, towers and other facilities used in.co ion with water, sewer, gas, electric, telephone, regular or cable television, or other utiftie “Lot” or “House Site” means any p Recorded written instrument or as sh Area.
Wortgagee” or “Mortgagees” means the holder(s) of any Mortgage(s).
WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 9 of 75 “Owner” means the person(s), entity or entities, including Declarant, holding all or a portion of the fee simple interest in any Lot, but does not include the Mortgagee under a Mortgage prior to its acquisition of fee simple interest in such Lot pursuant to foreclosure of the lien of its Mortgage.
“Parking Areas” means the five (5) areas designated for parking by paving and signs posted by the Association from time to time including: Lot 35R-1, Block 1; a portion of Lot 7R Records or Tarrant County, Texas. The Parking Areas are he The Parking Areas will be maintained by the Assgc«i “Private Street” means Lot 7R, Block Tarrant County, Texas, according to the record in Volume 388-188, Page 21, of thé No. D185353141 of the Official Raitjlic f or plats thereof filed for recof?
arrant County, Texas; amended on the maps Slide No. 8968, of the Plat Records of Tarrant axAngress and egress to and from the Lots and is designated ivate Street will be maintained by the Association in good sa recorded subdivision plat of any portion of the Property, and any “means that certain real property located in Tarrant County, Texas, as more particularty“described on Exhibit “A,” attached hereto and incorporated herein, and subject to such additions thereto and deletions therefrom as may be made pursuant to Section 11.3 and
Texas, as more particularty“described on Exhibit “A,” attached hereto and incorporated herein, and subject to such additions thereto and deletions therefrom as may be made pursuant to Section 11.3 and Section 11.4 of this Declaration.
WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 10 of 75 “Record, Recording, Recordation and Recorded” means recorded or to be recorded in the Official Public Records of Tarrant County, Texas.
“Reserve Property” means Lots 13R, 14R and 19R, Westover Square, a subdivision located in Tarrant County, Texas, according to the map or plat thereof recorded in Volume 388127, Page 63, of the Plat Records of Tarrant County, Texas, and amended on the maps or plats thereof filed for record in Volume 388-188, Page 21, of the Plat Records of Tarrant County, Texas and Instrument No. D185353141 of the Official Public Records of Tarrant County, Texas to the recording of a notice of addition of land pursuant to Section 11.3 of this Declar owns the Lot.
“Restrictions” Declaration, the Design Guidelines, Bylaws, Community Map rule b eulNtions or in any other rules and regulations promulgated by the Associa is Declaration, as adopted and amended from time to time. See Table 1 for a su! le Restrictions.
4 ‘Rules and Regulations adopted by the Board for the regulation and manage including any amendments to those instruments.
my means any ins nt, however denominated, which is the Property or the Common Area, “Solar Energy Device” means a sys provide heating or cooling or to produte™p ator mechanical power by collecting and transferring solar-generated wee udes a mechanical or chemical device that
on Area, “Solar Energy Device” means a sys provide heating or cooling or to produte™p ator mechanical power by collecting and transferring solar-generated wee udes a mechanical or chemical device that has the ability to store solar-gefipta r use in heating or cooling or in the production of power.
(Rr Po ARSE 1: RESTRICTIONS Declaration (Recorded) Creates obligations that are binding upon the Association and all present and future owners of Property.
Articles a CneeRemecordec) | Establishes the Association as a Texas non-profit AN corporation.
See ee re meetings, etc.
the Association.
WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 11 of 75 TABLE 1: RESTRICTIONS Design Guidelines (if adopted, Governs the design and architectural standards for the Recorded) construction of Improvements and modifications thereto.
The Declarant shall have no obligation to adopt the Design Guidelines.
Rules and Regulations (if adopted, Regulates the use of property, activities, and conduct within Recorded) the Property or the Common Area.
Board Resolutions (adopted by the Board | Establishes rules, policies, and procedures for the Pya of the Association) Owners and Association.
te ARTICLE 2 ) GENERAL AND USE RESTRICTIONS All of the Property shall be owned, held, encumber add oteapied and enjoyed subject to the following limitations and restrictions: 2.1 General.
2.1.1 Conditions and Restrictions. ts within the Property will be owned, held, encumbered, leased, used, occupied and enjo t to the Restrictions.
2.1.2 Ordinances. Ordixgr e quirements imposed by local governmental authorities are applicable to the Property. Compliance with the
encumbered, leased, used, occupied and enjo t to the Restrictions.
2.1.2 Ordinances. Ordixgr e quirements imposed by local governmental authorities are applicable to the Property. Compliance with the Restrictions is not a substitute for compl pplicable Law. Please be advised that the Restrictions do not purport to li PSeri cl restriction which may be applicable to a Lot regulations and encumbyréth submitting plans to the Ax I. Furthermore, approval by the ACC should not be ovement complies with the terms and provisions of any NOTICE efis are subject to change from time to time. By owning or a Lot, you agree to remain in compliance with the Restrictions, as e from time to time.
Conceptual Plans. All master plans, site plans, brochures, illustrations, ferformebion and marketing materials relating to the Property or the Common Area (collectively, the “Conceptual Plans”) are conceptual in nature and are intended to be used for illustrative WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 12 of 75 purposes only. The land uses and Improvements reflected on the Conceptual Plans are subject to change at any time and from time to time, and it is expressly agreed and understood that land uses within the Property or the Common Area may include uses which are not shown on the Conceptual Plans. Neither Declarant nor any Homebuilder or other developer of any portion of the Property or the Common Area makes any representation or warranty concerning such land uses and Improvements shown on the Conceptual Plans or otherwise planned for the Property or the Common Area and it is expressly agreed and understood that no Owner will be
rranty concerning such land uses and Improvements shown on the Conceptual Plans or otherwise planned for the Property or the Common Area and it is expressly agreed and understood that no Owner will be entitled to rely upon the Conceptual Plans or any statements made by the Declarant o Declarant’s representatives regarding the proposed land uses, or proposed Improvements in making the decision to purchase any land or Improvements 2.3 Single-Family Residential Use. The Lots sha family residential purposes.
shall be conducted on any Lot, except an Owng within a residence so long as: (i) such activgep ony activity is conducted without the crane s constructed in the Lot, subject to the a e Board to grant a waiver to this provision where appropriate in its sole ang’ybso fe digcrption; (iii) the business activity does not involve customers, contractors, client’ grt solicitation of resideng generate a level of or pedestrian traffic or a number of vehicles parked within the greater than that which is typical of residences in which no other than that customary to normal household operations. In addition, for the purpose of obtaining any business or commercial license, neither the residence nor Lot will be considered open to the public. The terms “business” and “trade,” as used in this provision, shall be WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 13 of 75 construed to have their ordinary, generally accepted meanings and shall include, without limitation, any occupation, work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider’s family and for which the
ude, without limitation, any occupation, work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider’s family and for which the provider receives a fee, compensation or other form of consideration, regardless of whether: (a) such activity is engaged in full or part-time; (b) such activity is intended to or does generate a profit; or (c) a license is required.
Leasing of a residence shall not be considered a business or trade within the meefiing of this subsection. This subsection shall not apply to any activity conducted by the Deglar the Association or a Homebuilder.
Notwithstanding any provision in this Declaration to the contrary, or termination of the Development Period: (i) Declarant and Homebuilder and/o and maintain upon portions of the Co truction or sale of single family residences constructed uf e Lots, including, but not limited to, business offices, signs mes and sales offices. Declarant and/or its licensees ap ement over and across the Common Area for access and us€ gilities at no charge; and or any other provision of this Declaration, no Lot or 1 for hotel, motel, transient use or short-term rentals. Each of the ort-term rental, but shall not comprise all situations constituting a ease or rental providing for occupancy of the Lot and Improvements with the sale of a Lot between the parties to such temporary lease, shall not constitute a short-term rental for the purpose of the prohibition on short-term rentals. All leases shall be in writing. The Owner must provide to its lessee copies of the Restrictions and the lease WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 14 of 75
ide to its lessee copies of the Restrictions and the lease WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 14 of 75 shall provide that failure of the lessee to comply with the Restrictions shall be a default under the terms of the lease. Notice of any lease, together with such additional information as may be required by the Board, will be remitted to the Association by the Owner on or before the expiration of ten (10) days after the effective date of the lease. For the purposes of this Section 2.4, the Association may require an Owner to provide the name and contact information for any Resident that resides on a Lot on which the Owner does not reside.
2.5 Subdividing or Consolidating.
2.5.1 Subdividing. No Lot shall be further divided or subdivided, self, its successors 2.5.2 Consolidating. The Developer hereby t pre contiguous Lots, or and assigns, the right to permit any Owner or Owners of ty portions thereof, to consolidate such Lots or portions thereof placing or constructing Improvements consisten this elaration on such resulting combined Lot, but such shall not reduce the numbe otes or the number of Assessment Units allocated to the original Lots.
conducted on or within the Property any portion of the Property which, in é or hazardous to any person or property.
d€signed fireplaces or in contained barbecue units while attended d in use for cooking purposes, and located within an interior patio or such areas as may, from time to time, be designated or revoked for such purpose by the Association, and used in strict compliance with such instructions as may be provided in manufacturer’s or vendor’s manuals; (iii) | no placement or storage, upon any portion of the Property, of any
he Association, and used in strict compliance with such instructions as may be provided in manufacturer’s or vendor’s manuals; (iii) | no placement or storage, upon any portion of the Property, of any liquids, materials or equipment which are dangerous, noxious, unsanitary WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 15 of 75 or unsightly, except to the extent provided by the Declarant or the Association; and (iv) no portion of the Property may be used for the takeoff, storage or landing of aircraft (including, without limitation, helicopters) except for medical emergencies.
2.7 Insurance Rates. Nothing shall be done or kept on the Property whi of the Board.
2.8 Mining and Drilling. Except for the Third Party Oil, Gas defined below, no portion of the Property or the Common Area may bg mining, quarrying, drilling, boring or exploring for or removing-oth,ga third parties as of the date of this Degf}eati Interests”). No representation or warranty, e ird Party Oil, Gas and Mineral plied, is made as to the ownership of the minerals, resources and groundwate 10n thereof or any interest therein.
ce shall be permitted to exist or operate upon any portion of the Proper : msive or detrimental to any other portion of the fowl, wild animals, tléYsheep, goats or any other type of animal not considered to be a domestic hous ighin the ordinary meaning and interpretation of such words may be kept, maint satel for on or within the Property (as used in this paragraph, the term “dome ” shall not mean or include non-traditional pets such pot-bellied pigs, miniature ickens, exotic snakes or lizards, ferrets, monkeys or other exotic animals).
as used in this paragraph, the term “dome ” shall not mean or include non-traditional pets such pot-bellied pigs, miniature ickens, exotic snakes or lizards, ferrets, monkeys or other exotic animals).
TR etermine, in its sole discretion, whether a particular pet is a domestic houde ithin the ordinary meaning and interpretation of such words. No Owner may keep o 4f Owner's Lot more than three (3) cats and dogs, in the aggregate. No animal may 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 WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 16 of 75 yard space associated therewith, unless confined to a leash being held by a person capable of controlling the pet (a remote or electronic leash or fence shall not be considered sufficient). 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 allowed. No animal may be allowed to run at large, and all animals must be kept within enclosed areas which must be clean, sanitary, have no offensive odor and reasonably free of refuse, insects and waste at all times. No pet may be left unattended trash must be kept at all times in covered container enclosed structures or appropriately screened from independent disposal service to collect all regularly provided by a governmental wath 2.12. Trash Containers. Tra screened service court and not véetble f The Board shall hay which trash containers or On days whe located at the site degig
t all regularly provided by a governmental wath 2.12. Trash Containers. Tra screened service court and not véetble f The Board shall hay which trash containers or On days whe located at the site degig ere shall be no interference with the established drainage patterns y, including the Lots, except by Declarant, unless adequate provision is impesdeNthoe/prper drainage of water between Lots.
2.14 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 WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 17 of 75 condition at all times. The Board, in its sole discretion, shall determine whether a violation of the maintenance obligations set forth in this Section 2.14 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.
(ii) Lawn mowing and edge trimming.
(iii) | Tree and shrub pruning.
(iv) | Watering of lawn and landscaping.
(v) Keeping exterior lighting and mechanic order and visually in a good state of repair, (vi) Keeping lawn and garden as alj attractive.
(vii) (viii) (ix) Mwner’s sole cost and expense, for maintaining mowing, rigating the landscaping between the boundary of such ¢ prfor written approval of the ACC; provided, ines that: WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 18 of 75
¢ prfor written approval of the ACC; provided, ines that: WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 18 of 75 (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 distribution services, that is one meter or less in di diagonal measurement; or (iii) | an antenna that is designed to receive only tele broadcast signals.
(collectively, (i) through (iii) are referred to herein as the “Permi permitted subject to reasonable requirements as to location ang rules adopted by the ACC, consistent with Applicable Law, as viewed from streets and adjacent property. Declarant a antenna, cable or other communication system f Property.
2.17. Location of Permitted Ant ¢ lowest point of the roofline and screened from view of adjacent d the street; then Attached to the side of the principal single-family residence constructed on the Lot, with no part of the Permitted Antenna any higher than the lowest point of the roofline and screened from view of adjacent Lots and the street.
The ACC may, from time to time, modify, amend or supplement the rules regarding installation and placement of Permitted Antennas.
WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 19 of 75 Satellite dishes one meter or less in diameter, e.g., DirecTV or Dish satellite
ED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 19 of 75 Satellite dishes one meter or less in diameter, e.g., DirecTV or Dish satellite 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.
2.18 Signs. Unless otherwise prohibited by Applicable Law, no sign, billboard, poster or advertising device of any kind may be displayed to the public view on any Lot witkKot prior written approval of the ACC, except for: (i) political signs may be erected provided the sign: An Owner or Resident will be permitted to p “no soliciting” and “security warning” sign near or on the front door to their residence, prow at the sign may not exceed twentyj ce’s color, style and finishes.
ner is permitted to display the flag of exas or an Official or replica flag of any g or Permitted Flagpole need not be approved in ACC is required prior to installing vertical freestanding ack yard area of any Lot (“Freestanding Flagpole”).
2.20 + Ejag . Unless otherwise approved in advance and in erimitted Flags, Permitted Flagpoles and Freestanding Flagpoles, installed agpole Application, must comply with the following: (i) No more than one (1) Freestanding Flagpole OR one (1) Permitted Flagpole is permitted per Lot, on which only Permitted Flags may be displayed; WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 20 of 75 (ii) Any Permitted Flagpole must be no longer than five feet (5') in
QUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 20 of 75 (ii) Any Permitted Flagpole must be no longer than five feet (5') in length and any Freestanding Flagpole must be no more than twenty feet (20') in height (iii) | Any Permitted Flag displayed on either a Permitted Flagpole or a Freestanding Flagpole may not be more than three feet in height by five feet in width (3'x5'); (iv) | With the exception of flags displayed on Common Area or Lot which is being used for marketing purposes by the De (vi) Each Permitted Flagpo d Freestanding Flagpole must be constructed of permane ing materials, with a finish appropriate to the Mpaig igls mn the construction thereof and harmonious with the réstdé Permitted Flagpole and Freestanding dined in good condition and any deteriorated sxforated or structurally unsafe Permitted Flagpole spole must be repaired, replaced or removed; tted Flag may be illuminated by no more than one (1) D landscaping light of low beam intensity which shall not i towards or directly affect any neighboring Lot; and ix) Any external halyard of a Permitted Flagpole or Freestanding agpole must be secured so as to reduce or eliminate noise from flapping against the metal of the Permitted Flagpole or Freestanding Flagpole.
anks. No tanks are permitted for the storage of fuel, water, oil or liquid petroleunt gas (LPG), but swimming pool filter tanks may be permitted only with the prior approval of the ACC. This provision will not apply to a tank used to operate a standard residential gas grill.
WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 21 of 75
o a tank used to operate a standard residential gas grill.
WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 21 of 75 2.22 Temporary Structures. No tent, shack, trailer, outbuilding of any character or other temporary building, Improvement or structure shall be placed upon the Property, which includes Common Area, without the prior written approval of the ACC.
2.23 Outside Storage Buildings. Outside storage buildings are not permitted.
2.24 Unsightly Articles; Vehicles. No article deemed to be unsightly by the Board will be permitted to remain on any Lot so as to be visible from adjoining property on from ey or tree clippings, or trash shall be kept, metals, bulk materials, masonry materials such as bricks, s stored, or allowed to accumulate on any portion ,of the ‘ inoperable or do not have a current license tag or to be parked on any roadway within th or “passenger vehicle” classification by the Texas al vehicles (RV’s and motor homes), vehicles used 26 Basketball Goals; Permanent and Portable. Permanent basketball goals are not semnitied, Portable basketball goals are permitted on a Lot, but must be stored in the side or rear court yard, the rear of the Lot or inside a garage from sundown to sunrise. Portable WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 22 of 75 basketball goals are not permitted in any street right of way. Portable basketball goals must be approved by the ACC prior to being placed on any Lot.
2.27. Compliance with Restrictions. Each Owner, his or her family, Residents of a Lot, tenants and the guests, invitees, and licensees of the preceding shall comply strictly with
ng placed on any Lot.
2.27. Compliance with Restrictions. Each Owner, his or her family, Residents of a Lot, tenants and the guests, invitees, and licensees of the preceding shall comply strictly with the provisions of the Restrictions as the same may be amended from time to time. Failure to comply with any of the Restrictions shall constitute a violation of the Restrictions and may result in a fine against the Owner in accordance with Section 6.13 of this Declaration, give rise to a cause of action to recover sums due for damages or injunctive reli (but shall not be obligated to) remedy or attempt to remedy any violat provisions of the Restrictions, and the Owner whose violation has beers Any such amounts assessed and chargeable against a in this Declaration for Assessments and may be y of | g . No Owner shall in any way otherwise perform any work upon the Common Area without the prior We Association for any and all damages to: (i) the Common Area and any onstructed thereon including, but not limited to, gates, irrigation systems and 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 of WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 20 4829-3826-9589v.8 63115-1 D225041228 Page 23 of 75 such damage shall be an Individual Assessment against such Owner's Lot, secured by a lien against such Owner's Lot and collectable in the same manner as provided in Section 6.11 of this Declaration.
2.29 No Warranty of Enforceability. The Association, the Board and the Declarant
by a lien against such Owner's Lot and collectable in the same manner as provided in Section 6.11 of this Declaration.
2.29 No Warranty of Enforceability. The Association, the Board and the Declarant make no warranty or representation as to the present or future validity or enforceability of the Restrictions. Any Owner acquiring a Lot in reliance on one or more of the Restrictions shall assume all risks of the validity and enforceability thereof and, by acquiring the Lot, es to hold the Association, the Board and the Declarant harmless therefrom.
2.30 Party Wall. A fence or wall located on or near the dividing line Lots and intended to benefit both Lots constitutes a “Party Wall” and,¢ inconsistent with the provisions of this Section 2.30, is subject to the-g omissions.
2.30.1 Encroachments & Easement. If the repair, shifting, settlement or movement in a S of the Party Wall, so that the encroachment may remain undisturbed a: all stands. Each Lot is subject to a reciprocal easement for the maintenance, €epai Acement or reconstruction of the Party Wall.
2.30.2 arty Wall is damaged or destroyed from any cause, the Owner of either ’ rebuild the Party Wall to its previous condition, and the Owners of both gsors and assigns, have the right to the full use of the repaired or rebuilt Party ayty Wall may be constructed, repaired or rebuilt without action or replacement of the Party Wall, subject to the right of one ontribution from the other under any rule of law regarding liability for ff an Owner fails or refuses to pay his share of costs of repair or replacement all, the Owner advancing monies has a right to file a claim of lien for the monies advanced in the Official Public Records of Tarrant County, Texas, and has the right
of costs of repair or replacement all, the Owner advancing monies has a right to file a claim of lien for the monies advanced in the Official Public Records of Tarrant 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 WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 21 4829-3826-9589v.8 63115-1 D225041228 Page 24 of 75 contribution from another Owner under this Section 2.30 is appurtenant to the Lot and passes to the Owner’s successors in title.
2.30.4 Alterations. The Owner of a Lot sharing a Party Wall may not cut openings in the Party Wall or alter or change the Party Wall in any manner that affects the use, condition, function or appearance of the Party Wall to the adjoining Lot. The Party Wall will always remain in the same location as when erected unless otherwise approved by the Owner of each Lot sharing the Party Wall and the ACC.
2.30.5 Dispute Resolution. In the event of any dispute arising Party Wall, or under the provisions of this Section 2.30 (the “Dispute”), the pa the Dispute to mediation. Should the parties be unable to agree on a media days after written request therefore by the Board, the Board shall appo# rator’s decision, as applicable. If the Board implements the mediator’s or a on behalf of an Owner, the Owner otherwise responsible therefore will be pe a Jle to the Association for all costs and expenses incurred by the Association i costs and expenses upon demas by iation, such costs and expenses (plus interest DAG um lawful rate, or if there is no such maximum 5 percent (1-1/2%) per month) will be assessed against S Avfy such amounts assessed and chargeable against a Lot e liéas’ reserved in this Declaration for Assessments and may be
ere is no such maximum 5 percent (1-1/2%) per month) will be assessed against S Avfy such amounts assessed and chargeable against a Lot e liéas’ reserved in this Declaration for Assessments and may be gd in this Declaration for the collection of Assessments, Pecorations and Lighting. Unless otherwise permitted by Applicable Law, no {ppurtenances such as sculptures, birdbaths and birdhouses, fountains or other bellishments shall be placed on the residence or on the front yard or any other portion of a Lot which is visible from any street, unless such specific items have been approved in writing by the ACC. Customary, tasteful and appropriate seasonal decorations, as WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 22 4829-3826-9589v.8 63115-1 D225041228 Page 25 of 75 determined in the sole and absolute discretion of the Association or ACC, for holidays are permitted without approval by the ACC but shall be removed within fifteen (15) days of the applicable holiday. Outside lighting fixtures shall be placed so as to illuminate only the yard of the applicable Lot and so as not to affect or reflect into surrounding residences or yards. No mercury vapor, sodium or halogen light designed for traffic, security or general illumination shall be installed on any Lot which is visible from any street unless otherwise approved in advance by the ACC.
2.33 inspected, maintained and administered by the Association in accordance wif Access to these facilities and ponds is limited to persons engaged #6 periodically maintain such facilities. Each Owner is advised that th¢ sedimentation, drainage and detention facilities and ponds ayé 2.34 Removal of Soil and Trees. The digging any party other than the Association or the
n such facilities. Each Owner is advised that th¢ sedimentation, drainage and detention facilities and ponds ayé 2.34 Removal of Soil and Trees. The digging any party other than the Association or the necessary in conjunction with the landsc accordance with plans and specifications ap this Declaration. Unless otherwise app from a Lot except by the Assogasion or the {Declarant unless cRxarwise approved in advance and in writing by the ACC.
2.35 Private Street Drixeway Parking. Unless otherwise approved by the Board, no Owner’s or Resi te may be parked on the Private Street unless in the event for purposes of the foregoing sentence shall mean an event “Parked” as used herein shall be defined as a vehicle left dO} pérator - for more than siaty (60) consecuiiae minutes. No vehicle arking Areas. The Parking Areas exist for the exclusive use of the guests of Owners esidents for vehicle parking for a limited duration, not to exceed twenty-four (24) consecutive hours, unless in the event of an emergency. The Parking Areas are not for the use of Owners or Residents for vehicle parking, unless in the event of an emergency. An WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 23 4829-3826-9589v.8 63115-1 D225041228 Page 26 of 75 “emergency” means an event which jeopardizes life or property. Any vehicle parked in the spaces within the Parking Areas must be parked legally and in such a manner that does not obstruct the free and unimpeded vehicular and pedestrian use of any portion of the roadways within the Property.
The Parking Areas may be subject to Rules and Regulations in addition to those below adopted from time to time by a Majority of the Board.
2.37 Parking for Non-Residents. There are designated parking spaces f
ing Areas may be subject to Rules and Regulations in addition to those below adopted from time to time by a Majority of the Board.
2.37 Parking for Non-Residents. There are designated parking spaces f resident guests, visitors and service persons which are off street. To the degree p the vehicle identification. Upon approval, a parking pass avthybd i displayed on the dashboard of the subject vehicle when park¢ written request must be submitted by the hosting resident stating the, a g area and d) 2.38 Overflow Parking for Residents. Each prop vehicles. If additional parking is needed in one of tke Wesi basis of more than one month, a written request is tONp reason for the need, the parking area, and the vehj monthy fee of $200 will be payable in ady, prorated for any portion of a month that th Improvements shall hereaf of the ACC in accordan (i) All walls, fences, planters and hedges shall be maintained and constructed in accordance with this Declaration and any rules or Design WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 24 4829-3826-9589v.8 63115-1 D225041228 Page 27 of 75 Guidelines adopted by the Declarant or the ACC pursuant to Section 7.2.3.
The design, type and materials of all fences, including but not limited to ornamental fencing, must be approved by the ACC prior to construction pursuant to the approval requirements of Article 7 of this Declaration.
(ii) Perimeter fencing on all Lots shall be maintained to a fence standard equivalent to original construction and all fencing must be consistent with this Declaration and any rules or Design Gu adopted by the Declarant or the ACC pursuant to Section 7.2.3.
3.4 Building Restrictions. All building materials must be approved
ng must be consistent with this Declaration and any rules or Design Gu adopted by the Declarant or the ACC pursuant to Section 7.2.3.
3.4 Building Restrictions. All building materials must be approved the ACC. All of the surface of exterior walls of residences shall be gh j stained wood conforming to existing usage on the Property.
other structure, including but not limited to chimney flues, boxes, porches, railings and exterior stairways must, unles§ match or compliment the color of the surface from which No highly reflective finishes (other than glass, which may not be mirro shingle etal sidings shall be used on exterior surfaces (other than surfaces of hardware ff s), including, without limitation, the exterior surfaces of any Improvements.
nspouts, utility proved by the ACC, 3.5 Construction Activities. The to unreasonably interfere with or preve a struction activities during the construction of Improvements by an Owner A avant or a Homebuilder) upon or within the Property. Specifically, no su ities will be deemed to constitute a nuisance or a violation of the Restrictig ° noise, dust, presence of vehicles or construction machinery, posting of si Naracfivities, provided that such construction is pursued to completion with reasonab i In the event that constrrtctie q Cy e and reasonable judgment, the Board will have the authority to seek an injungtan to Stop glich construction. In addition, if during the course of construction upon any Lot, hex eSsive accumulation of debris of any kind which would render the Lot idx theredf{wnsanitary, unsightly, offensive or detrimental to it or any other portion the Board may contract for or cause such debris to be removed, and the Roofing. The roofs of all buildings shall be constructed or covered with slate
ffensive or detrimental to it or any other portion the Board may contract for or cause such debris to be removed, and the Roofing. The roofs of all buildings shall be constructed or covered with slate shingles, synthetic slate shingles, cedar shingles or terme-coat metal or other materials (if any) approved by the ACC, of an appearance consistent with existing usage, but in no event shall WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 25 4829-3826-9589v.8 63115-1 D225041228 Page 28 of 75 any roof be of composition shingles unless Declarant, in its sole discretion, at any time removes such restrictions on composition shingles by a Recorded document. Any other type of roofing material shall be permitted only with the advance written approval of the ACC. In addition, roofs of buildings may be constructed with “Energy Efficiency Roofing” with the advance written approval of the ACC. For the purpose of this Section 3.6, “Energy Efficiency Roofing” means shingles that are designed primarily to: (i) be wind and hail resistant; (ii) provide heating and cooling efficiencies greater than those provided by customary composite shingles; or (iii) provide solar generation capabilities. The ACC will not prohibit an Owné¢ installing Energy Efficient Roofing provided that the Energy Efficient Roofing shi approval process, the Owner should submit information whi the criteria set forth in this Section 3.6. Any other type of only with the advance written approval of the ACC.
3.7 Swimming Pools. Any swimming p with a fence or other enclosure device completely minimum, satisfies all Applicable Law and be this Section 3.7 is intended or shall be c ing the swimming pool which, at a dvance by the ACC. Nothing in or affect an Owner’s obligation to
ce completely minimum, satisfies all Applicable Law and be this Section 3.7 is intended or shall be c ing the swimming pool which, at a dvance by the ACC. Nothing in or affect an Owner’s obligation to not permitted on a Lot.
. No residence or any other permanent structure or y Lot nearer to a street or Private Street than the 3.8 Compliance wi Improvement may be co Ality easements.
3.9 evice. Solar Energy Devices may be installed with the advance written CC in accordance with the procedures and requirements set forth Application. To obtain ACC approval of a Solar Energy Device, the Own ovide the ACC with the following information: (i) the proposed installation location e 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 WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 26 4829-3826-9589v.8 63115-1 D225041228 Page 29 of 75 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 provisions of Article 7 of this Declaration.
3.9.2 Approval Process. The ACC will review the Solar Application in accordance with the terms and provisions of Article 7 of this Declaration. The ACC will approve a Solar Energy Device if the Solar Application complies with Section 3.9.3 below UNLESS the ACC makes a written determination that placement of the Solar Energy Device, or annoyance to persons of ordinary sensibilities. The ACC’s right to determination in accordance with the foregoing sentence is negated if a
n determination that placement of the Solar Energy Device, or annoyance to persons of ordinary sensibilities. The ACC’s right to determination in accordance with the foregoing sentence is negated if a immediately adjacent to the Owner/applicant provide written appreva 3.9.3 Approval Conditions. Unless.other writing by the ACC, each Solar Application and é accordance therewith must comply with the followi (i) The Solar We Ppust be located on the roof of the residence located on tk Owner's Lot, or ey tll be located on the roof of the residence, the location for placement unless the location Owner increases the estimated annual energy lar Energy Device, as determined by using a publicly ing tool provided by the National Renewable Energy e ACC, the Owner should submit information to the ACC which monstrates that the Owner’s proposed location meets the foregoing criteria. If the Solar Energy 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 WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 27 4829-3826-9589v.8 63115-1 D225041228 Page 30 of 75 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 must be parallel to the roofline; and (c) the frame, support brackets, or visible piping or wiring associated with the Solar Energy Device must be silver, bronze or black.
3.10 Rainwater Harvesting Systems. Rain barrels or rainwater harvesting systems
, support brackets, or visible piping or wiring associated with the Solar Energy Device must be silver, bronze or black.
3.10 Rainwater Harvesting Systems. Rain barrels or rainwater harvesting systems (a “Rainwater Harvesting System”) may be installed with the advance written approve ACC.
location of the Rainwater Harvesting System; and (ii) a description of the Res rvesting System, including the color, dimensions, manufacturer, and photo accurate by an Owner unless the Owner’s tenant provides written co. 1 A e of submission that the Owner consents to the Rain System Application.
Otherwise approved in advance and in writing by the ACC, each Rain System d each Rainwater Harvesting System to be installed in accordance therewj MA he Rainwater Harvesting System does not include any language Othér content that is not typically displayed on such a device.
li) |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.
(iv) There is sufficient area on the Owner's Lot to install the Rainwater Harvesting System, as reasonably determined by the ACC.
WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 28 4829-3826-9589v.8 63115-1 D225041228 Page 31 of 75 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 or another Owner’s Lot, the ACC may regulate the size, type, shielding of and materials used in the construction of the Rainwater Harvesting System. Accordingly, when submitting a Rain System Application, the application should describe methods proposed by the Owner to shield
d materials used in the construction of the Rainwater Harvesting System. Accordingly, when submitting a Rain System Application, the application should describe methods proposed by the Owner to shield the Rainwater Harvesting System from the view of any street, Common Area or another Owner's Lot. When reviewing a Rain System Application for a Rainwater Harvesting System shall comply with the following: 3.11.1 Application. Approval by *% Xeriscaping. To obtain the approval of the ACC fo ACC with the following information: (i) the prg Owner's Lot; (ii) a description of the iscq provides written confirmatig submission that the Owner consents to the Xeriscaping Application. /Y not responsible for: (a) errors or omissions in the Xeriscaping Application e ACC for approval; (b) supervising installation or construction to confirm tos with an approved Xeriscaping Application or (c) the compliance of an app Sy gtion with Applicable Law.
2A vo al Conditions. Unless otherwise approved in advance and in each Xeriscaping Application and all Xeriscaping to be installed in (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 Owner’s Lot plan may be denied if the ACC determines that: WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 29 4829-3826-9589v.8 63115-1 D225041228 Page 32 of 75 a) the proposed Xeriscaping would not be harmonious with already established turf and landscaping in the overall community; and/or b) the
RICTIONS 29 4829-3826-9589v.8 63115-1 D225041228 Page 32 of 75 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 or plant materials would result in damage to or cause deterioration of the turf or landscaping of an adjacent property owner, resulting in a reduction of aesthetic appeal of the adjacent property Owner's Lot.
(ii) No Owners shall install gravel, rocks or cacti that in the agékegate encompass over ten percent (10%) of such Owner's front percent (10%) of such Owner's back yard.
(iii) The Xeriscaping must not attract diseases a harmful to the existing landscaping on neighboripe=4 determined by the ACC.
be approved in advance and in writing requirements set forth in this Section 3.11 whi vised that if the Xeriscaping Application is riscaping must: (i) strictly comply with the in thirty (30) days of approval; and (iii) be Owner fails to cause the Xeriscaping to be installed approved by the ACC, instg Xeriscaping Application; (i Property; or (b) re te eriScaping and reinstall the Xeriscaping in accordance with the approved Xeriscaping Applycation.
Failure to install Xeriscaping in accordance with the WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 30 4829-3826-9589v.8 63115-1 D225041228 Page 33 of 75 ARTICLE 4 WESTOVER SQUARE HOMEOWNERS ASSOCIATION, INC.
41 Organization. The Association will be a nonprofit corporation created for the purposes, charged with the duties and vested with the powers of a Texas non-profit corporation. Neither the Articles nor Bylaws will for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration.
4.2 Membership.
rs of a Texas non-profit corporation. Neither the Articles nor Bylaws will for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration.
4.2 Membership.
4.2.1. Mandatory Membership. Any person or entity, upop Owner, will automatically become a Member of the Association.
If you acquire a Lot you autora etl Members easements will be appurtenant to and will pass with the ight of the Association, or the Association’s designee, to Improvements and features to be constructed upon the Area, as determined from time to time by the Association, in ’Ssociation’s sole and absolute discretion, with the advance written proval of the Declarant during the Development Period; (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; WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 31 4829-3826-9589v.8 63115-1 D225041228 Page 34 of 75 (iii) The right of the Board to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for any purpose, with the advance written approval of the Declarant during the Development Period; (iv) The right of the Board to grant easements or licenses over and across the Common Area, with the advance written approval of the Declarant during the Development Period; (v) The right of the Board to borrow money for the of improving the Common Area and, in furtherance thereg Common Area; (vi) The right of the Board to promulgate regarding the use of the Common Area with the advance written approv the Development Period; and
oving the Common Area and, in furtherance thereg Common Area; (vi) The right of the Board to promulgate regarding the use of the Common Area with the advance written approv the Development Period; and to co r services with any third parties on such terms as the Boaxd hay determine, except that during the Smust be approved in advance and in writing by the Degiyrani 4.3. Governance. As more 5 PON eScribed in the Bylaws, the Board will consist of at least three (3) persgns e t ual meeting of the Association, or at a special meeting called for such fr DQs 4.4 i ight 0 cast votes and the number of votes which may be Board and on all other matters to be voted on by the so owned.
0-Owner Votes. When more than one person or entity owns a portion rest in any Lot, all such persons or entities will be Members. The vote or such Lot €xceed the total votes to which such Lot is otherwise entitled under this Section 4.4.
WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 32 4829-3826-9589v.8 63115-1 D225041228 Page 35 of 75 4.5 Powers. The Association will have the powers of a Texas non-profit corporation.
It will further have the power to do and perform any and all acts that may be necessary or proper, for or incidental to, the exercise of any of the express powers granted to it by Applicable Law or this Declaration. Without in any way limiting the generality of the two preceding sentences, the Board, acting on behalf of the Association, will have the following powers at all times: 4.5.1 Rules and Regulations, Bylaws and Community Manual.
establish and promulgate, and in its discretion to amend from time to time, or all aspects of the Property or the Common Area (including the operation!
es and Regulations, Bylaws and Community Manual.
establish and promulgate, and in its discretion to amend from time to time, or all aspects of the Property or the Common Area (including the operation!
preservation thereof) or the Association. Any Rules and Regulations, the Community Manual and any modifications thereto proposed Development Period.
4.5.2 Insurance. To obtain and mai the opinion of the Board, are reasonably necessary Ox functions.
4.5.3 Records. To keep 6dks make such books and records, together wi inspection by the Owners, Mortgagee Q below.
ry-and Enforcement. To enter at any time without notice in an emergency (or in thé x non-emergency, after twenty-four (24) hours written notice), without being liable Owner or Resident, upon any Lot and into any Improvement thereon for thé enforcing the Restrictions or for the purpose of maintaining or repairigg’q provement or other facility to conform to the Restrictions. The expense incurred’g Qciation in connection with the entry upon any Lot and the maintenance and Article 6 hereof for Assessments. The Association will have the power and authority from time to time, in its own name and on its own behalf, or in the name of and on behalf of any Owner WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 33 4829-3826-9589v.8 63115-1 D225041228 Page 36 of 75 who consents thereto, to commence and maintain actions and suits to enforce, by mandatory injunction or otherwise, or to restrain and enjoin, any breach or threatened breach of the Restrictions. The Association is also authorized to settle claims, enforce liens and take all such
mandatory injunction or otherwise, or to restrain and enjoin, any breach or threatened breach of the Restrictions. The Association is also authorized to settle claims, enforce liens and take all such action as it may deem necessary or expedient to enforce the Restrictions; provided, however that the Board will never be authorized to expend any Association funds for the purpose of bringing suit against Declarant, or its successors or assigns. The Association may not alter or demolish any Improvements on any Lot other than Common Area in enforcing these Association, or before the written consent of the Owner(s) of the affected Lot obtained. EACH SUCH OWNER AND RESIDENT WILL RELEASE HARMLESS THE ASSOCIATION, ITS OFFICERS, DIRECTORS, E AGENTS FROM ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY, ACTS OR ACTIVITIES UNDER THIS SECTION 4.5.5 (INCLUDIN LIABILITY, CLAIM OR CAUSE OF ACTION ARISING NEGLIGENCE IN CONNECTION THEREWITH), EX T F CH COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE O TIO RISING BY REASON OF THE ASSOCIATION’S GROSS NEGLIGENCE/QR WIL SCONDUCT. “GROSS NEGLIGENCE” DOES NOT INCLUDE SIM NEGLIGENCE, CONTRIBUTORY NEGLIGENCE OR SIMILAR NEGLIGENCE SHOR‘ TUAL GROSS NEGLIGENCE.
accounting and administrative/management SerWce essary or proper in the operation of the Association.
4.5.7 Conveyfintes wR 2 ) and convey to any person or entity the real mortgages, out of, in, on erecting, operating or mai Parks, parkways or other recreational facilities or structures; Entrance Pavilion, Private Street, Parking Areas, roads, streets, ewalks, signs, street lights, walks, driveways, trails and paths; (iii) Lines, cables, wires, conduits, pipelines or other devices for utility purposes; (iv) Sewers, water systems, storm water drainage systems, sprinkler
t lights, walks, driveways, trails and paths; (iii) Lines, cables, wires, conduits, pipelines or other devices for utility purposes; (iv) Sewers, water systems, storm water drainage systems, sprinkler systems and pipelines; and/or WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 34 4829-3826-9589v.8 63115-1 D225041228 Page 37 of 75 (v) Any similar Improvements or facilities.
Nothing set forth above, however, will be construed to permit use or occupancy of any Improvement or other facility in a way that would violate applicable use and occupancy restrictions imposed by the Restrictions or by Applicable Law. In addition, until expiration or termination of the Development Period, any grant or conveyance under this Section 4.5.7 must be approved in advance and in writing by the Declarant. In addition, the Association is (with the advance written approval of the Declarant during the Development Period) @ftd the Declarant are expressly authorized and permitted to convey easements over g ross this Declaration.
4.5.8 Manager. To retain and pay for the services of asp irm (the “Manager’), which may include Declarant or any affiliate of Declaranj & and operate the Association, including its property, to the extent deemed gd pard.” Personnel may be employed directly by the Association or may be f L anager. To the extent permitted by Applicable Law, the Board may delegate er duties, powers and functions to the Manager. In addition, the Board may adopt ef fees, resale certificate fees or any other fees associated with the provision of magayement sefVices to the Association or its Members. Any Manager retained by the Associa ill provide an audited financial statement to the Board of Directors no less e Ran annually. THE MEMBERS
n of magayement sefVices to the Association or its Members. Any Manager retained by the Associa ill provide an audited financial statement to the Board of Directors no less e Ran annually. THE MEMBERS HEREBY RELEASE THE ASSOCIATIOQ(DA DAZ AEMBERS OF THE BOARD AND COMMITTEE MEMBERS FROM LIAB Ik/ ANY OMISSION OR IMPROPER EXERCISE BY THE MANAGER OE DUTY, POWER OR FUNCTION SO DELEGATED. © 0 pay for water, sewer, garbage removal, street lights, landscaping, gard portion of the Property, roads, roadways, rig Kaye, Sgns, parks, parkways, median strips, sidewalks, paths, trails, ponds and lakes.
er utilities, services, repair and maintenance for any Area, private or public recreational facilities, easements, 4.5.11 Construction on Common Area. To construct new Improvements or additions to any property owned, leased or licensed by the Association, including but not WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 35 4829-3826-9589v.8 63115-1 D225041228 Page 38 of 75 limited to the Common Area, subject to the approval of the Board and the Declarant until expiration or termination of the Development Period.
4.5.12 Contracts. To enter into Bulk Rate Contracts or other contracts or licenses with Declarant or any third party on such terms and provisions as the Board will determine, to operate and maintain any Common Area, Improvement or other property, or to provide any service, including but not limited to cable, utility or telecommunication services, or perform any function on behalf of Declarant, the Board, the Association or the Members. Dur Development Period, all Bulk Rate Contracts must be approved in advance and in the Declarant.
4.5.14 Allocation of Votes. To determine Section 4.4 above.
and authority granted by this Section 4.5.1
ur Development Period, all Bulk Rate Contracts must be approved in advance and in the Declarant.
4.5.14 Allocation of Votes. To determine Section 4.4 above.
and authority granted by this Section 4.5.1 affect ability of the Board to exercise su rea“and any Improvements thereon. All Rules and use of the Common Area and any Improvements otefest in tangible and intangible personal property and real property.
sees, reserves the right, from time to time, and at any time, to designate interests in real or personal property within or for the benefit of the Property, for the Property and the general public, or otherwise, as determined in the sole and absolute discretion of the Declarant. All or any real or personal property assigned, transferred and/or conveyed by the WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 36 4829-3826-9589v.8 63115-1 D225041228 Page 39 of 75 Declarant to the Association shall be deemed accepted by the Association upon Recordation, and without further action by the Association, and shall be considered Common Area without regard to whether such real or personal property is designated by the Declarant as Common Area. If requested by the Declarant, the Association will execute a written instrument, in a form requested by the Declarant, evidencing acceptance of such real or personal property; provided, however, execution of a written consent by the Association shall in no event be a precondition to acceptance by the Association. The assignment, transfer and/or conveyance of to be made a party to any threatened pending or co civil, criminal, administrative or investigative by reas« director, officer, committee member, employee expenses, including attorneys’ fees, reasortabli
be made a party to any threatened pending or co civil, criminal, administrative or investigative by reas« director, officer, committee member, employee expenses, including attorneys’ fees, reasortabli action, suit or proceeding if it is found and jurisdiction that he or she: (i) acted in gé9dfai to be in, or not opposed to, t agent of the Association against such person in connection with such o¥ of itself create a presumption that the person did not was reasonably believed to be in, or not opposed to, the Wor, with respect to any criminal action or proceeding, had at his or her conduct was unlawful.
such liability or otherwise.
WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 37 4829-3826-9589v.8 63115-1 D225041228 Page 40 of 75 4.9 Bulk Rate Contracts. Without limitation on the generality of the Association powers set out in Section 4.5 hereinabove (except that during the Development Period, all Bulk Rate Contracts must be approved in advance and in writing by the Declarant), the Association will have the power to enter into Bulk Rate Contracts at any time and from time to time. The Association may enter into Bulk Rate Contracts with any service providers chosen by the Board (including Declarant, and/or any entities in which Declarant, or the owners or partners of Declarant are owners or participants, directly or indirectly). The Bulk Rate Contracts may be any Owner of any charges due under any Bulk Rate Cont twelve (12) days since such charges were due, the written notice to such Owner (which may run co addition to all other rights and remedies available such manner as the Board deems appro the cost of the Association and not paid Lot) directly to the applicable service or mailing or hand delivery at least five (
ll other rights and remedies available such manner as the Board deems appro the cost of the Association and not paid Lot) directly to the applicable service or mailing or hand delivery at least five ( “termination notice” or simila to Applicable Law, terminate, in vice or other service provided at dér. Such notice will consist of a separate ‘o a stated date of termination, with the title he-Owner (or the Resident of such Owner’s Lot) can | and for re-connection or re-institution of service. No terruptions in cable television and other Community Systems and services time to time. Declarant and the Association, or any of their respective successors refund, rebate, discount or offset in applicable fees for, any interruption in Community Systems and services, regardless of whether or not such interruption is caused by reasons within the service provider's control. In addition, until expiration or termination of the Development WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 38 4829-3826-9589v.8 63115-1 D225041228 Page 41 of 75 Period, any contracts entered pursuant to this Section 4.10 must be approved in advance and in writing by the Declarant.
4.11 Administration of Common Area. The administration of the Common Area by the Association shall be in accordance with the provisions of Applicable Law and the Restrictions, and of any other agreements, documents, amendments or supplements to the foregoing which may be duly adopted or subsequently required by any institutional or governmental lender, purchaser, insurer or guarantor of mortgage loans (includj example, the Federal Home Loan Mortgage Corporation) or by any governmentg Nasi4.12 Maintenance Provided by Association. The Associatio lable for
ser, insurer or guarantor of mortgage loans (includj example, the Federal Home Loan Mortgage Corporation) or by any governmentg Nasi4.12 Maintenance Provided by Association. The Associatio lable for injury or damage to person or property caused by the elements or by é X¢sident of any Lot or any other person or resulting from any utility, raip ay leak or flow from any portion of Common Area or from an iy duit, appliance or equipment which the Association is responsible to maintain fF Jer, The Association shall any property, which may be stored in or upon the Common Area or any Lot. The Association shall not be liable to any Owner or Regi 4.13 Merger.
must be evidenced b by at least two-third§ which the actiop Association may, by operation of law, be added to the properties, rights, he Association as a surviving corporation pursuant to the merger. The under itSftfrisdiction. No merger or consolidation, however, will effect a revocation, change or addition to the covenants established by this Declaration within the Property.
WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 39 4829-3826-9589v.8 63115-1 D225041228 Page 42 of 75 4.14 Private Street. The Private Street shall provide perpetual access across the Property for the Association, the Owners and Residents, and their invitees, police and other emergency vehicles, public and private utility maintenance and service personnel, solid waste collection services, the U.S. Postal Service, and government employees in pursuit of their official duties. Access to the Private Street for the persons and entities referenced in the preceding sentence shall be reasonably provided by the Association. Any Private Street located within the
r official duties. Access to the Private Street for the persons and entities referenced in the preceding sentence shall be reasonably provided by the Association. Any Private Street located within the Property is Common Area and is administered and maintained by the Association. The Association, acting through the Board, has the express authority to adopt, amend, rep enforce Rules and Regulations for use of the Private Street, including but not lina prohibition of vehicles that violate applicable Rules and Regulations; and (v)‘ of applicable Rules and Regulations.
ARTICLE 5 INSURANCE 5.1 Insurance. Each Owner will be required to pu maintain commercially standard insurance on the Improvements located u ch Owner's Lot. The Association will not be required to maintain insurance on the Imp ts constructed upon any Lot. The Association may, however, obtain such insurang a limited to such policies of liability an discretion, may deem necessary. Insuranc expense to be included in the Asses insurance by the Association wi Ww g¢judice to the right and obligation of any Owner to obtain additional individual ys@ragse fing the Development Period, Declarant reserves the right to satisfy the insy#a ligatieps of the Association with a master insurance program controlled by Declarant.
damaged Gr destroyed structures to their same exterior condition existing prior to the damage or destruction thereof. Such repair, restoration or replacement will be commenced and completed in a good and workmanlike manner using exterior materials substantially similar to WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 40 4829-3826-9589v.8 63115-1 D225041228 Page 43 of 75
anner using exterior materials substantially similar to WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 40 4829-3826-9589v.8 63115-1 D225041228 Page 43 of 75 those originally used in the structures damaged or destroyed. To the extent that the Owner fails to commence such repair, restoration or replacement of substantial or total damage or destruction within one hundred and twenty (120) days after the occurrence of such damage or destruction, and thereafter prosecute the same to completion, or if the Owner does not clean up any debris resulting from any damage within thirty (30) days after the occurrence of such damage, the Association may commence, complete or effect such repair, restoration, replacement or clean-up, and such Owner will be personally liable to the Association for the mnited to, foreclosure of ELEASE AND HOLD such liens against the Owner’s Lot. EACH SUC HARMLESS THE ASSOCIATION AND ITS ERS, DIRECTORS, COMMITTEE MEMBERS, EMPLOYEES AND AGENTS FRO ST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF AGTION OR THAT MAY ARISE BY REASON OF THE ASSOCIATION’S A F VITIES UNDER THIS SECTION 5.2, EXCEPT FOR SUCH COST, LOSS, DA 5 MSE, LIABILITY, CLAIM OR COST OF IGENCE” AS USED HEREIN DOES NOT RIBUTORY NEGLIGENCE OR SIMILAR WILLFUL MISCONDUCT.
INCLUDE SIMPLE NEG ‘ ic’s “At efialmen’s Lien. Each Owner whose structure is repaired, restored, replaced orfCleaned y the Association pursuant to the rights granted under this Article 5, hereby gra Aone Association an express mechanic’s and materialmen’s lien for the epair, restoration or replacement of the damaged or destroyed ent that the cost of such repair, restoration or replacement exceeds any WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS,
he epair, restoration or replacement of the damaged or destroyed ent that the cost of such repair, restoration or replacement exceeds any WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 41 4829-3826-9589v.8 63115-1 D225041228 Page 44 of 75 ARTICLE 6 COVENANT FOR ASSESSMENTS 6.1 Assessments.
6.1.1 Established by Board. Assessments established by the Board pursuant to the provisions of this Article 6 will be levied against each Lot in amounts determined pursuant to Section 6.8 below. The total amount of Assessments will be determined pursuant toAection 6.3-6.5.
granted and conveyed by Declarant to the Association against Improvements thereon. The Association may enforce payater accordance with the provisions of this Article.
6.1.3 Declarant Subsidy. Declarant may, Assessments which would otherwise be levied agai the Board and attributable to such Assess will not obligate Declarant to continue pay 6.3 gments. Prior to the beginning of each fiscal year, the Board will the _petpose of determining amounts sufficient to pay the estimated net epair and maintenance, the cost of providing any lighting, the cost of é and enforcing the Restrictions; and (ii) an estimate of the amount needed to maintain a reasonable provision for contingencies and an appropriate replacement reserve, and will give due consideration to any expected income and any surplus from the prior year’s fund.
Assessments sufficient to pay such estimated net expenses will then be levied at the level of WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 42 4829-3826-9589v.8 63115-1 D225041228 Page 45 of 75 Assessments set by the Board in its sole and absolute discretion, and the Board’s determination
LARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 42 4829-3826-9589v.8 63115-1 D225041228 Page 45 of 75 Assessments set by the Board in its sole and absolute discretion, and the Board’s determination will be final and binding so long as it is made in good faith. If the sums collected prove inadequate for any reason, including nonpayment of any Assessment, the Association may at any time, and from time to time, levy further Assessments in the same manner. All such Regular Assessments will be due and payable to the Association annually on or before the first day of the month, or in such other manner as the Board may designate in its sole and absolute discretion.
Ommon Area. Any Special Assessment levied by the Association for the purpose of defrgying, in whole or in part, 6.5 Individual Assessments. In addi Mher Assessments, the Board may levy an individual assessment (the “Individua sessment”) against an Owner and the Owner's Lot. Individual Assessments may i are not limited to: interest, late charges, bursement for costs incurred in bringing this Declaration; fines for violations of the “S guests, invitees or Residents of the Owner’s Lot; an all of the Lots, which may be assessed according to en Thousand and No/100 Dollars ($10,000.00) that is due and payable prior to commencement of the construction of the primary residential structure on the Owner’s Lot. The purpose of the Construction Impact Assessment is to offset costs to the Association associated WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 43 4829-3826-9589v.8 63115-1 D225041228 Page 46 of 75 with new construction and to fund capital improvements upon the Common Area in the sole
ATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 43 4829-3826-9589v.8 63115-1 D225041228 Page 46 of 75 with new construction and to fund capital improvements upon the Common Area in the sole discretion of the Association. The Owner of the applicable Lot shall promptly give notice of the commencement of construction to the Association, or cause the Homebuilder constructing the residence to provide such notice. For purposes of this Section 6.6.1, construction shall be considered as “commenced” upon the earlier to occur of the following: (i) commencement of construction of Improvements, which includes initial clearing and grading; or (ii) delivery of materials to the Lot, each in accordance with Section 53.124 of the Texas Property Code; provided, however, that the ultimate determination of whether construction has com: shall be made in the sole discretion of the Association, and such determination shal conclusive.
6.6.2 Renovation Work. In the event of renovation, remode to a residence (the “Renovation Work”), a Construction Impact Assess an Owner in the following amounts: (i) for Renovation Work construction cost that is less than twenty percent (20% Improvements on the Lot per the then current assessment Construction Impact Assessment will be assessed; (ii) for R total construction cost that is greater than or equal percent (50%) of the assessed value of the Impro assessment of the Tarrant Appraisal District, the ts on the Lot per the then current ction Impact Assessment will be the aggregate construction costs of all Renovation Work (1) year period and shall not include separate design and engineering feg Q sed architect or registered professional engineer who is not associated prming the Renovation Work and who is retained and paid directly by
and shall not include separate design and engineering feg Q sed architect or registered professional engineer who is not associated prming the Renovation Work and who is retained and paid directly by drming the Renovation Work to provide, the Association with written notice ation Work prior to the commencement thereof. Promptly following the or cause its contractor to deliver, notice of the completion of the Renovation Work and evidence of the total construction costs associated with the Renovation Work, including documentation satisfactory to the Association, in its sole discretion. The notice of completion and evidence of WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 44 4829-3826-9589v.8 63115-1 D225041228 Page 47 of 75 the total construction costs shall be accompanied by a statement from the Owner and their contractor, made under penalty of perjury, attesting to the accuracy of the total construction costs. If the actual total construction costs associated with such completed Renovation Work results in a Construction Impact Assessment that is different than the Construction Impact Assessment actually paid to the Association for such Renovation Work, then the Owner of the Lot shall promptly pay such difference to the Association, or, if applicable, the Association shall refund such difference to the Owner, but only to the extent the Association has funds available at the time of such determination, considering all budgetary constraints, in the sole disck€tion of the Association.
6.7 Transfer Assessment. Each Owner shall pay a transfer fee in th¢ Thousand and No/100 Dollars ($1,000.00) (the “Transfer Assessment”), uport Owner's Lot (whether improved or unimproved), to be paid to the Assog e-transferee
Each Owner shall pay a transfer fee in th¢ Thousand and No/100 Dollars ($1,000.00) (the “Transfer Assessment”), uport Owner's Lot (whether improved or unimproved), to be paid to the Assog e-transferee applicable to a lender (not associated with the Owner of the or remedies under any mortgage instrument creating lensfer’ s rights ot. The Transfer $ or penalties.
6.8 Amount of Assessment.
6.8.1 J shall levy Assessments against each “Assessment Unit” (as defined in S Unless otherwise provided in this Declaration, Assessments levied pursuant t oF gnd Section 6.4 shall be levied uniformly against each Assessment Unit allocated te autho Assessments.
6.9 Late Charges. If any Assessment is not paid by the due date applicable thereto, the Owner responsible for the payment may be required by the Board, at the Board’s election at WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 45 4829-3826-9589v.8 63115-1 D225041228 Page 48 of 75 any time and from time to time, to pay a late charge in such amount as the Board may 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 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.
6.10 Owner's Personal Obligation; Interest. Assessments levied as provigfad for herein will be the personal and individual debt of the Owner of the Lot against which araléyied 6.11 Assessment Lien and Foreclosure.
manner provided in this Article is, together with fs arges aS provided in Section 6.9 and
onal and individual debt of the Owner of the Lot against which araléyied 6.11 Assessment Lien and Foreclosure.
manner provided in this Article is, together with fs arges aS provided in Section 6.9 and interest as provided in Section 6.10 hereof and all costs allection, including attorney's fees as herein provided, secured by the continuing ien granted to the Association pursuant to Section 6.1.2 above, and will bapd.ez e hands of the Owner thereof, and such Owner's heirs, devisees, personal repreSentatit sliccessors or assigns. The aforesaid lien will be superior to all other - an. edagainst such Lot, except only for: (i) tax and governmental assessment liens; ms red by a first mortgage lien or first deed of trust lien of record, to the ¢ ecures sums borrowed for the acquisition or improvement of the Lot ip’yuestiOn’s ii) home equity loans or home equity lines of credit which are secured by a s@ é lien or second deed of trust lien of record; provided that, in the case of subparaégs and (iii) above, such Mortgage was Recorded before the t-wasdtey The Association will have the power to subordinate the : Kel y other lien. Such power will be entirely discretionary with the Ord lien and“adescription of the Lot. Such notice may be signed by one of the officers, agents or attorneys of the Association and will be Recorded. Each Owner, by accepting a deed or ownership interest to a Lot subject to this Declaration, will be deemed conclusively to have WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 46 4829-3826-9589v.8 63115-1 D225041228 Page 49 of 75 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
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 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 hold, lease, mortgage, convey or otherwise deal with the same.
Mortgagee any unpaid Assessments remaining unpaid for longer than sixt same are due. The lien hereunder will not be affected by the sale or trane pe extinguished, foreclosure sale debtedness secured by however, relieve any only to the extent that funds are available after the satisfact the Mortgage. The provisions of the preceding sentence subsequent Owner (including any Mortgagee or otf paying Assessments becoming due and payable aft¢ eclosure sale.
Upon payment of all sums securedhy pe described in this Section 6.11, the Association will upon the request of the O uch Owner's cost, execute a release of in circumstances in which the Agsdciat eady foreclosed such lien. Such release will be signed by an officer, agent Srpattome Ye Association. In addition to the lien hereby 5 nNeyqny Owner of any Assessment and after the lapse of at otice will consist of a separate mailing or hand delivery at least five (5)
, agent Srpattome Ye Association. In addition to the lien hereby 5 nNeyqny Owner of any Assessment and after the lapse of at otice will consist of a separate mailing or hand delivery at least five (5) date of disconnection, with the title “termination notice” or similar psuage promineptly displayed on the notice. The notice will include the office or street immediately preceding a day, when personnel are not available for the purpose of collection and reconnecting such services. Except as otherwise provided by Applicable Law, the sale or WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 47 4829-3826-9589v.8 63115-1 D225041228 Page 50 of 75 transfer of a Lot will not relieve the Owner of such Lot or such Owner's transferee from liability for any Assessments thereafter becoming due or from the lien associated therewith.
If an Owner conveys its Lot and on the date of such conveyance Assessments against the Lot remain unpaid, or 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 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 conveyi Association’s records upon the transfer of a Lot to a third party; provjedéttrtte wT 7 If you fail to pay assessments to the Association, \yo e title to your Lot and all Improvements thereon if the Assgciatio eclOs¢s its assessment ests, agents or invitees. Any fine and/or charge levied in accordance will be considered an Individual Assessment pursuant to this Declaration.
vements thereon if the Assgciatio eclOs¢s its assessment ests, agents or invitees. Any fine and/or charge levied in accordance will be considered an Individual Assessment pursuant to this Declaration.
plation may be considered a separate violation if the violation continues after é to the Owner. The Board may assess damage charges against an Owner for pecuniary loss to the Association from property damage or destruction of Common Area or any facilities caused by the Owner, Resident, their guests, agents or invitees. The Manager will have authority to send notices to alleged violators, informing them of their violations and asking WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 48 4829-3826-9589v.8 63115-1 D225041228 Page 51 of 75 them to comply with the Rules and Regulations and/or informing them of potential or probable fines or damage assessments. The Board may from time to time adopt a schedule of fines.
6.13.2 Lien Created. The payment of each fine and/or damage charge levied by the Board against the Owner of a Lot is, together with interest as provided in Section 6.10 hereof and all costs of collection, including attorney’s fees as herein provided, secured by the lien 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 enfgfged in accordance with the terms and provisions governing the enforcement of assessmen ant to this Article 6.
ARTICLE 7 ARCHITECTURAL CONTROL COMMITTEE Declarant has a substantial interest in ensuring that I Gin thé Property maintain uniform development of the community and eng Mat fitePreferty is safe and attractive for all Owners. Until Declarant has delegated i
a substantial interest in ensuring that I Gin thé Property maintain uniform development of the community and eng Mat fitePreferty is safe and attractive for all Owners. Until Declarant has delegated i efed on any Lot, and no Lot may be roperty, by anyone other than Declarant efs or Owners) appointed as provided below, who will review ¢ made by any Owner other than Declarant. Declarant will have ard remove (with or without cause) all members of the ACC. In accordance p Law, no member of the ACC may also be a member of the Board or the spouse assign specific duties and responsibilities to one or more sub-committees consisting of members and/or nonmembers of the ACC. In the event responsibilities and duties are assigned to a subcommittee, those responsibilities and duties will no longer be discharged by the ACC unless the WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 49 4829-3826-9589v.8 63115-1 D225041228 Page 52 of 75 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 such right has been assigned to the Association. The ACC will have the right to employ consultants and advisors as it deems necessary or appropriate.
7.2.2 Submission and Approval of Plans and Specifications. Construction plans and specifications or, when an Owner desires solely to re-subdivide or consolidate Lots, a of the members of the ACC. The ACC may, in reviewi consider any information that it deems proper; including environmental impact statements or percolation tests that other entity; and harmony of external design and locati topography, vegetation, and finished grade elevatiom
n that it deems proper; including environmental impact statements or percolation tests that other entity; and harmony of external design and locati topography, vegetation, and finished grade elevatiom plans and specifications submitted for approval pened consolidation of any Lot on any are deemed sufficient, including eTininayo thereof created purs es tion 7.2.1, will have the power from time to time, to adopt (if not y Décjadrant), to amend, modify or supplement the Design Guidelines, if exer, that any amendment to the Design Guidelines made by a y apply to the Improvements under the jurisdiction of such during the Development Period, any such amendment, modification or st be approved in advance and in writing by the Declarant. In the event of any a provisions of this Declaration, the terms and provisions of 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 it pursuant to the terms of WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 50 4829-3826-9589v.8 63115-1 D225041228 Page 53 of 75 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
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 limitation, the imposition of any requirements for ACC.
7.2.5 Failure to Act. In the event ring the Development Period, any plans and specifications are submitted to the A ¢ herein, and the ACC fails either to approve or reject such plans and speci es. The ACC may grant variances, in its sole and absolute discretion, fr dance with any of the provisions of the Design Guidelines, if any, or this Declar&tiot ces must be evidenced in writing and must be signed by at least a Majority of the ers of the ACC. Each variance must also be Recorded; provided, however, Board. a variance is granted, no violation of the covenants, conditions or restrictions contained in this Declaration or the Design Guidelines, if any, will be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such variance WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 51 4829-3826-9589v.8 63115-1 D225041228 Page 54 of 75 will not operate to waive or amend any of the terms and provisions of this Declaration or the Design Guidelines, if any, for any 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 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
for any future 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 one plans and specifications; or (ii) such other period thereafter as determined sole and absolute discretion, the Owner will be required to resybrf addition, consider any change in circumstances which may original approval.
7.2.8 No Waiver of Future Approv or specifications for any work done or proposed i withhold approval or consent as to subsequently or additionally submitted for BOARD, THE ARCHITE LIABLE TO ANY OWNE INJURY ARISING OUT QQ) COMMITTEE'S DUTIES UNDB OTHER PERSON FOR ANY LOSS, DAMAGE OR RFORMANCE OF THE ARCHITECTURAL CONTROL SHIS DECLARATION.
ARTICLE 8 MORTGAGE PROVISIONS provisions are for the benefit of holders, insurers and guarantors of first hots’ within the Property. The provisions of this Article apply to the Declaration J of the Association.
8.1 Notice of Action. An institutional holder, insurer or guarantor of a first Mortgage which provides a written request to the Association, which request states the name and address of such holder, insurer or guarantor and the street address of the Lot to which its WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 52 4829-3826-9589v.8 63115-1 D225041228 Page 55 of 75 Mortgage relates (thereby becoming an “Eligible Mortgage Holder,” will be entitled to timely written notice of: (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
ny 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; other violation of the Restrictions relating to such La Resident which is not cured within sixty (60) days; o# (iii) | Any lapse, cancellation or materiz policy maintained by the Association.
8.2 Examination of Books. During normal bus become liens prior to first lien mortgag¢é individual Lots and not to any other porti ROVISIONS 9.1 Term. The liens set out in this Declara of and be enforceablé by. tP respective legal repr isdatal) this Declaratio erdéd/a sveNints, conditions, restrictions, easements, charges and mM with and bind the Property, and will inure to the benefit Zociation, and every Owner, including Declarant, and their Solution adopted by Members entitled to cast at least sixty-seven percent Al number of votes of the Association, voting in person or by proxy at a meeting (30) days in advance and will set forth the purpose of such meeting; provided, however, that such change will be effective only upon the Recording of a certified copy of such resolution. The foregoing sentence shall in no way be interpreted to mean sixty-seven percent (67%) of a WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 53 4829-3826-9589v.8 63115-1 D225041228 Page 56 of 75 quorum as established pursuant to the Bylaws. Notwithstanding any provision in this Section 9.1 to the contrary, if any provision of this Declaration would be unlawful, void or voidable by reason of any Applicable Law restricting the period of time that covenants on land
sion in this Section 9.1 to the contrary, if any provision of this Declaration would be unlawful, void or voidable 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 survivor of the now living, as of the date of the Recording of this document, descendants of Elizabeth II, Queen of England.
o2 Eminent Domain. In the event it becomes necessary for any public authdkity to acquire all or any part of the Common Area for any public purpose during the perixd this by eminent domain become necessary, only the Board need be made a party the proceeds received will be held by the Association for the benefit of the endment has been approved by Period) and Members entitled to t (at such Owner’s own expense), Declarant or the Association. Any pliable Law pertaining to the ownership, occupancy or use of any portion reby declared to be a violation of this Declaration and subject to all of the right, provision, covenants or condition in the future. Failure of the Declarant or the Association to enforce the terms and provisions of the Restrictions shall in no event give rise to any claim or WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 54 4829-3826-9589v.8 63115-1 D225041228 Page 57 of 75 liability against the Declarant, the Association, or any of their partners, directors, officers or agents.
9.5 Higher Authority. The terms and provisions of this Declaration are subordinate to Applicable Law. Generally, the terms and provisions of this Declaration are enforceable to the extent they do not violate or conflict with Applicable Law.
as applied to any other person or entity.
to Applicable Law. Generally, the terms and provisions of this Declaration are enforceable to the extent they do not violate or conflict with Applicable Law.
as applied to any other person or entity.
9.7 Conflicts. If there is any conflict between the provisions 9 documents, the provisions of this Declaration, the Articles, y Regulations, in such order, will govern.
9.8 Gender. Whenever the context so requires, a d ein in the male gender will be deemed to include the female or neuter words will include the 9.9 Acceptance by Owners. Egeéh Oy the Property, by the acceptance of a deed Cy 6r each subsequent purchaser, accepts s-Covenants, reservations, easements, liens and charges, and the jurisdiction rights, reated or reserved by this Declaration or to whom this Declaration is subj&P and ats, benefits and privileges of every character éd. Furthermore, each Owner agrees that no hder will have any liability for any act or omission of Declarant which occurred 3p impositions and obligation within the Property, fy Property, and wilLinyré e and Destruction. The Association shall undertake the following actions Mage or destruction to all or any part of the Common Area covered by 9.10.1 Claims. Promptly after damage or destruction by fire or other casualty to all or any part of the Common Area covered by insurance, the Board, or its duly authorized agent, will proceed with the filing and adjustment of all claims arising under such insurance WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 55 4829-3826-9589v.8 63115-1 D225041228 Page 58 of 75 and obtain reliable and detailed estimates of the cost of repair of the damage. Repair, as used in this Section 9.10.1, means repairing or restoring the Common Area to substantially the same
58 of 75 and obtain reliable and detailed estimates of the cost of repair of the damage. Repair, as used in this Section 9.10.1, means repairing or restoring the Common Area to substantially the same condition as existed prior to the fire or other casualty.
9.10.2 Repair Obligations. Any damage to or destruction of the Common Area will be repaired unless a Majority of the Board decides within sixty (60) days after the casualty not to repair. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair, gf\both, are not made available to the Association within said period, then the period will be until such information will be made available.
9.10.3 Restoration. In the event that it should be determined the damage or destruction of the Common Area will not be repaired bcoceeds“are-tfot sufficient to defray the pecial Assessment, as provided in § made in like manner at any time otherwise required by Applicable Law. If delivery is made by mail, it will be deemed to have been delivered on the third (3") day (other than a Sunday or legal holiday) after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to the person at WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 56 4829-3826-9589v.8 63115-1 D225041228 Page 59 of 75 the address given by such person to the Association for the purpose of service of notices. Such address may be changed from time to time by notice in writing given by such person to the Association.
9.13. View Impairment. Neither Declarant nor the Association guarantee or represent
notices. Such address may be changed from time to time by notice in writing given by such person to the Association.
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 within the Property will be preserved without impairment. Neither the Declarant, the ACC, nor the Association shall have any obligation to relocate, prune, thin trees or perform other landscapi The Association (with respect to any Common Area) will have the right to add trees her landscaping from time to time, subject to Applicable Law. There shall be no expres ied easements for view purposes or for the passage of light and air.
9.14 Safety and Security. Each Owner and Resident of a Lg spective guests and invitees, shall be responsible for their own personal salety of their property within the Property and the Common Area. The A 3 put shall not be obligated to, maintain or support certain activities within the Properfyand-the Common Area rity measures undertaken. No representation or warranty is made tk? al or measures, including security monitoring systems or any gate, mnechaniisiny r limiting access to the Property or the Common Area, cannot be compromise ented; or that any such system or security measures undertaken will in a ses veht }loSs or provide the detection or protection for Owner acknowledges, understands and shall Ot insurers or guarantors of security or safle and that es all risks of personal injury and loss or damage to the ARTICLE 10 EASEMENTS Common-Afea to the extent necessary to use the Common Area and the right to such other temporary uses of the Common Area as may be required or reasonably desirable (as
mage to the ARTICLE 10 EASEMENTS Common-Afea to the extent necessary to use the Common Area and the right to such other temporary uses of the Common Area as may be required or reasonably desirable (as determined by Declarant in its sole discretion) in connection with the construction and WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 57 4829-3826-9589v.8 63115-1 D225041228 Page 60 of 75 development of the 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 /\ Community Systems installed by Declarant and the Community Systems are exclusive, and no other person of through the Community Systems installed by Declatgnt wi Declarant. In recognition of the fact that interruption’ Systems services will occur from time to time, no entity described above shall in any manner be liable, and no user of any Commpaunit Patil be entitled to any refund, rebate, discount or offset in applicable fees, for nm in Community Systems services, regardless of whether or not same is cau within the control of the then-provider of such services.
able television and other Community 10.2 shown on any Plat and a related rights made by Dé purposes as if fully sét soxth contract, deed or con g
hin the control of the then-provider of such services.
able television and other Community 10.2 shown on any Plat and a related rights made by Dé purposes as if fully sét soxth contract, deed or con g reserves the rig locate; make changes in, and additions to said easements, rights-of-way, dedicatiins, itafigns, reservations and grants for the purpose of most efficiently and Declarant hereby reserves unto f% d Declarant’s agents and employees, a perpetual non-exclusive easement under, over and across the Property, or any areas conveyed or maintained by the Association, including, but not limited to any areas reserved or held as Common Area for the installation, operation, maintenance, repair, relocation, removal and/or modification of any Improvements, WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 58 4829-3826-9589v.8 63115-1 D225041228 Page 61 of 75 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 facilities and Improvements described in this Section 10.3. The exercise of the easement reserved herein will not extend to permitting entry into any residence, nor will it constructed therein as Common Area.
10.4 Subdivision Entry and Fencing Easement. Declarant reservé Association, an easement over and across the Property and any Gorffitr hereunder applies. Declarant may designate all
ein as Common Area.
10.4 Subdivision Entry and Fencing Easement. Declarant reservé Association, an easement over and across the Property and any Gorffitr hereunder applies. Declarant may designate all facilities, walls and/or fencing as Common Area by easements reserved, hereunder, will not extend to pe it unreasonably interfere with the use ‘on esidehce or Improvement constructed thereon.
~ aN) and the Association, an easeme ve wee the Property and the Common Area for the installation, maintenance, repéip aphd eft of signs, landscaping and/or monument signs Declarant will have the those portions of the Propéy wOn Area or property owned by the Declarant to which the interferewitWt Se OfKany Lot or residence or Improvement constructed thereon.
3€ 2 . For a period of ten (10) years after the e Development Period, Declarant reserves for itself and for the Declarant’s the duty; 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 O inspect, monitor, test, redesign, correct and relocate any structure, Improvement, or WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 59 4829-3826-9589v.8 63115-1 D225041228 Page 62 of 75 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 circumstance, imprecise siting of the original facilities, or the desire or necessity to comply more fully with Applicable Law. This Section 10.6 may not be construed to create a duty for Declarant, the
rcumstance, imprecise siting of the original facilities, or the desire or necessity to comply more fully with Applicable Law. This Section 10.6 may not be construed to create a duty for Declarant, the Association, or any architect, engineer, other design professionals, builder or general contractor, and may not be amended without Declarant’s advanced written consent. In support of this an easement of access and entry over, across, under and through the Propert without limitation, all Common Areas and the Owner’s Lot and all Improvemenpts.t the purposes contained in this Section 10.6.
10.7 Private Street Easement. An easement over and acrg reserved by the Declarant for the benefit of the Association for the p Rirty (30) consecutive minutes. This provision will not apply to Declarant or its design during the Development Period.
Notwithstanding the foregoing, commercia] veh ebicles with commercial writings on their exteriors shall be allowed to be par on the Private Street during normal business hours for the purpose of servin ommon Area; provided, however, no such vehicle shall remain on the Privy ernight or for any purposes unless prior written consent of the Board is e easement reserved herein by the Declarant is perpetual and appurtenant tq asement reserved hereunder for the benefit of the Association shall be co 1 aon Area, and the Association shall discharge the expenses incurred to mairt s d replace the Private Street through Assessments.
ARTICLE 11 DEVELOPMENT RIGHTS ent_by Declarant. It is contemplated that the Property will be develoBed a No a plan, which may, from time to time, be amended or modified.
é he right, but will not be obligated, to pursue the development, construction
It is contemplated that the Property will be develoBed a No a plan, which may, from time to time, be amended or modified.
é he right, but will not be obligated, to pursue the development, construction any porffort of the Property pursuant to the terms of this Section 11.1, subject to any limitations imposed on portions of the Property by any applicable Plat. These rights may be exercised with respect to any portions of the Property and the Common Area. As each area is developed or WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 60 4829-3826-9589v.8 63115-1 D225041228 Page 63 of 75 dedicated, Declarant may designate the use, classification and such additional covenants, conditions and restrictions as Declarant may deem appropriate for that area.
11.2 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 for the purpose of aiding the sale of Lots in the Property; (ii) to maintain Improvements upon the Development Period.
e to’ time, add 11.3. Addition of Land. Declarant may, at any tiz additional lands to the Property including, but not limifed*to, e Area and the Adjoining Property. Upon the Recording of a notice of 1 and, such land will be considered part of the Property for purposes of this Reclarathg ich added lands will be and thé térms, covenants, conditions, d the rights, privileges, duties and considered part of the Property subject to this Decla restrictions and obligations set forth in this Declarati land as with respect to the lands origina y is Declaration. To add lands to the
uties and considered part of the Property subject to this Decla restrictions and obligations set forth in this Declarati land as with respect to the lands origina y is Declaration. To add lands to the Property, Declarant will be required only to following provisions: added land; and (iii) A legal description of the added land.
and the jurisdiction of the Association any portion of the Property. Upon any such withdrawal and removal this Declaration and the covenants conditions, restrictions and obligations set forth herein will no longer apply to the portion of the Property withdrawn. To withdraw lands from WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 61 4829-3826-9589v.8 63115-1 D225041228 Page 64 of 75 the Property hereunder, Declarant will be required only to Record a notice of withdrawal 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 wherein this Declaration is recorded; (ii) A statement that the provisions of this Declaration will noAonger apply to the withdrawn land; and (iii) | A legal description of the withdrawn land.
aResordation is Kject)ig the bject.4o a Plat. Unless Koperty included in the shall be automatically withdrawn from the terms afit\provision. his Declaration (without set forth in Section 11.4). Declarant and failure to Record a Notice of 11.6 2 ghts? Notwithstanding any provision in this Declaration to the contrary, Dg ritten instrument, assign, in whole or in part, any of its privileges, exempt and’ duties under this Declaration to any person or whole, in part, exclusively, or non-exclusively, by ARTICLE 12 DISPUTE RESOLUTION
rument, assign, in whole or in part, any of its privileges, exempt and’ duties under this Declaration to any person or whole, in part, exclusively, or non-exclusively, by ARTICLE 12 DISPUTE RESOLUTION ion_and Definitions. The Association, the Owners, Declarant, all 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 WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 62 4829-3826-9589v.8 63115-1 D225041228 Page 65 of 75 litigation and arbitration if at all possible. Accordingly, each Party hereby covenants and agrees that this Article applies to all Claims as hereafter defined. As used in this Article only, the following words, when capitalized, have the following specified meanings: (i) “Claim” means: (A) — Claims relating to the rights and/or duties of Declarant, the Association, or the ACC, under the Restrictions.
(B) Claims relating to the acts or omissions of thé De the Association or a Board member or officer of the Asso i Declarant’s control and administration of the Board asserted against the ACC.
(C) Claims relating to the desi ok <o)s uc Common Area or any Improvements lgCqtetMwithin_ or ot the Property.
(ii) “Claimant” means apy Party.
its Claim until Claimant Section 12.6 below, a Clai 12.3 involve, PS role in the Claim; (ii) the basis of the Claim (i.e., the provision of the Restriction thority out of which the Claim arises); (iii) what Claimant wants Respondent te not do to resolve the Claim; and (iv) that the Notice is given pursuant to th
im (i.e., the provision of the Restriction thority out of which the Claim arises); (iii) what Claimant wants Respondent te not do to resolve the Claim; and (iv) that the Notice is given pursuant to th Negotiation. Claimant and Respondent will make every reasonable effort to meet in person to resolve the Claim by good faith negotiation. Within sixty (60) days after Respondent’s receipt of the Notice, Respondent and Claimant will meet at a mutually WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 63 4829-3826-9589v.8 63115-1 D225041228 Page 66 of 75 acceptable place and time to discuss the Claim. If the Claim involves all or any portion of the Property, then at such meeting or at some other mutually-agreeable time, Respondent and Respondent's representatives will have full access to the Property that is subject to the Claim for the purposes of inspecting the Property.
12.5 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 appropriate to the subject matter of the Claim. If Claimant does not sum mediation within the 30-day period, Respondent may submit the ediation in accordance with this Section 12.5. If the Parties do not settle the Clai Kty(30) days after submission to mediation, Respondent or Claimant may ft i proceedings in accordance with Section 12.6.
12.6 Binding Arbitration-Claims. All Claig~s musNo Claimant or Respondent may, by summary procee e.g., a plea in abatement or motion to stay further proceedings), bring an action in court.f pel arbitration of any Claim not referred to arbitration as required by this Section } 12.6.1 Governing Rules. | $ not been resolved after mediation in
further proceedings), bring an action in court.f pel arbitration of any Claim not referred to arbitration as required by this Section } 12.6.1 Governing Rules. | $ not been resolved after mediation in accordance with Section 12.5, the Clai b Olved by binding arbitration in accordance with the terms of this Section oA th rican Arbitration Association (the “AAA”) Construction Industry Arbitrgtt> diation Procedures and, if applicable, the rules ocedures for Consumer Related Disputes, as each are supplemented or modifie (collectively, the Construction Industry Arbitration Rules and Mediation Proégdutes Aag(PAAA Supplementary Procedures for Consumer Related the AAA Rules and rendered by th i any court having jurisdiction. Notwithstanding any provision to the le rules for arbitration, any arbitration with respect to Claims arising nducted by a panel of three (3) arbitrators, to be chosen as follows: (i) One arbitrator shall be selected by Respondent, in its sole and absolute discretion; WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 64 4829-3826-9589v.8 63115-1 D225041228 Page 67 of 75 (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.
12.6.2 Statute of Limitations. All statutes of limitation that would otherwise be applicable shall apply to any arbitration proceeding under this Section 12.6.
on of any award that is ‘ or factually sufficient Gt conclustorns-6f law that are erroneous; (iii) an error of Applicable Law; or (iv) a cause of a or remedy not expressly provided j sl speculative, special, exemplary,
at is ‘ or factually sufficient Gt conclustorns-6f law that are erroneous; (iii) an error of Applicable Law; or (iv) a cause of a or remedy not expressly provided j sl speculative, special, exemplary, 12.6.4 Other Matters.
proceeding hereunder shall be gencl filing of the Claim for arbitrgt um extent practicable, an arbitration one hundred and eighty (180) days of the proceedings hereunder shall be conducted in Tarrant County, Texas. Un i Ovided by this Section 12.6, the arbitrator shall be empowered to impose q take such other actions as the arbitrator deems necessary to the same extefit.a} suld pursuant to the Federal Rules of Civil Procedure, the Texas Rules of Civil Proced teedings strictly confidential, except for disclosures of information required in the pxrdin gufse of business of the parties or by Applicable Law. In no event news axecarding/a Claim or issue any press release regarding any Claim without the wrjtten cdnsext ef the other parties to the Claim.
. Notwithstanding any provision in this Declaration to the contrary.each party bears all of its own costs incurred prior to and during the proceedings described in the Notice, Negotiation, Mediation and Arbitration sections above, including its WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 65 4829-3826-9589v.8 63115-1 D225041228 Page 68 of 75 attorneys’ fees. Respondent and Claimant will equally divide all expenses and fees charged by the mediator and arbitrator.
12.8 General Provisions. A release or discharge of Respondent from liability to Claimant on account of the Claim does not release Respondent from liability to persons who are not party to Claimant’s Claim.
[SIGNATURE PAGES FOLLOW] WESTOVER SQUARE
e of Respondent from liability to Claimant on account of the Claim does not release Respondent from liability to persons who are not party to Claimant’s Claim.
[SIGNATURE PAGES FOLLOW] WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 69 of 75 EXECUTED to be effective on the date this instrument is Recorded.
THE STATE OF TEXAS COUNTY OF “Tarr ONT This ins Ways President of | behalf of such corporation.
[SEAL] 4829-3826-9589v.8 631 15-1 ASSOCIATION: WESTOVER ASSOCIATION, corporation HOMEOWNERS Texas non-profit SQUARE ING, a Vestover Square Homeowners g WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS D225041228 THE STATE OF TEXAS COUNTY OF TARRANT bes A BAe mimissto’ Pare” =—s September 26 4829-3826-9589v.8 631 15-1 Page 70 of 75 APPROVED: DECLARANT: WESTOVER SQUARE, L.P., a Texas limited partnership By: WESTOVER SQUARE GENPA a Texas limited liability compar its General Partner npar, LLC, a Texas limited liability .P., a Texas limited partnership, on behalf WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS D225041228 Page 71 of 75 EXHIBIT “A” PROPERTY Lots 1R through 6R, Lots 8R through 9R, Lot 12R-1, Lots 17R and 18R, Lots 20R-1 and 21R-1, Lots 22R and 23R, Block 1, Westover Square, a subdivision located in Tarrant County, Texas, according to the map or plat thereof recorded in Volum 388-127, Page 63, of the Plat Records of Tarrant County, Texas, and amende the maps or plats thereof filed for record in Volume 388-188, Page 21, of the Records of Tarrant County, Texas and Instrument No. D185353141 of tye Public Records of Tarrant County, Texas.
County, Texas and Instrument No. D185353
ed for record in Volume 388-188, Page 21, of the Records of Tarrant County, Texas and Instrument No. D185353141 of tye Public Records of Tarrant County, Texas.
County, Texas and Instrument No. D185353 Tarrant County, Texas; and amended on record in Cabinet B, Slide 3134, of the Plat Texas; Lot 15R-1, Block 1, Westover Sgtig Texas, according to the Re or blb of the Plat Records o Po thereof filed for regé si County, Texas and p Tarrant County, gh 34R-1 and Lots 36R-1 through 38R-1, Block 1, Westover division located in Tarrant County, Texas, according to the map or eof recorded in Volume 388-127, Page 63, of the Plat Records of Tarrant y, Texas; amended on the maps or plats thereof filed for record in Volume 88, Page 21, of the Plat Records of Tarrant County, Texas and Instrument No. D185353141 of the Official Public Records of Tarrant County, Texas; and amended on the maps or plats thereof filed for record in Cabinet A, Slide No.
WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 72 of 75 8968, of the Plat Records of Tarrant County, Texas, and Instrument No.
D204033266 of the Official Public Records or Tarrant County, Texas; Lots 24R-1A, 25R-1A, 27R-1A and 28R-1A, Block 1, Westover Square, a subdivision located in Tarrant County, Texas, according to the map or plat thereof recorded in Volume 388-127, Page 63, of the Plat Records of Tarrant County, Texas; amended on the maps or plats thereof filed for record in Volume 388-188, Page 21, of the Plat Records of Tarrant County, Texas and Instrume No. D185353141 of the Official Public Records of Tarrant County, Te 8968, of the Plat Records of Tarrant County, Texas, and Instr D204033266 of the Official Public Records or Tarrant County, ¢
nstrume No. D185353141 of the Official Public Records of Tarrant County, Te 8968, of the Plat Records of Tarrant County, Texas, and Instr D204033266 of the Official Public Records or Tarrant County, ¢ amended on the maps or plats thereof filed for record in D210108001 of the Official Public Records of Tarrant County, T¢ maps or plats thereof filed for record in Volutxg 388-138;Page 21, of the Plat Records of Tarrant County, Texas and Inst 0. D185353141 of the Official Public Records of Tarrant County, Texag; agdNamended on the maps or plats thereof filed for record in Instr t No C319 b08001 of the Official Public Records of Tarrant County, Texas.
O S WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4829-3826-9589v.8 63115-1 D225041228 Page 73 of 75 EXHIBIT “B” ADJOINING PROPERTY Being a part of the Peterson Pate Survey, Abstract No.
1202, and part of a “Second Tract" as conveyed to J. MN. Leonard, trustee, by deed recorded in Vol, 2952, Page 578 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at the southwest corner of Lot 10, Block Westover Hills as recorded in Vol. 388-97, Page 17 Deed Records of Tarrant County, Texas said point AJ being at an angle point in the current existing limit line between the City of Fort Worth and-the Village of Westover Hills, and the north liné Tract "A", Westover Ridge Addition, as re 388-31, Page 61 of the Deed Records of Texas: THENCE N 89° 42' W with the nort act "An" Westover Ridge Addition, 173.5 Moint on a curve in the east line of Plaza ray aS recorded in Vol. 4610, Page 175, Deed Rg County, Texas, whose centes bédr, THENCE northwesterly with $ “ve through a centrai said curve;
f Plaza ray aS recorded in Vol. 4610, Page 175, Deed Rg County, Texas, whose centes bédr, THENCE northwesterly with $ “ve through a centrai said curve; north line of Plaza Parkway, of a curve, whose center bear: THENCE N g9° 39: 35.3 ft. to the Mp said curve through a central angle istance of 110.5 ft. to the southeast , Block 1, Westover Squdre, as recordec ; Pages 63 4 b4, Deed Kecords of Tarrant THENCE west of 13° 5a" a7 33° E with the east line of said Tract C, and Tract B, Block 1, said recording 204.4 ft, southwest corner of Lot 20, Block 15, Westover $45 previously recorded, said corner of Let 20, being an angle point on the city limit line between Fort Worth and Village of Westover Hills; WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS B-1 4829-3826-9589v.8 63115-1 D225041228 Page 74 of 75 THENCE with the meanders of the back lines of Lots 10, 11, 18, 19 and 20 in Block 15, Westover Hills and said city limit Jine with the following courses and distances: § 759 23" E, 342.9 ft.3; $ pic 52* &, 217.4 f1.3; and S$ 0° 18° W, 238.9 ft. to the place of beginning and containing 118,920 square feet of land; SUBJECT to easement for surface drainage, underground storm drainage, underground sanitary sewer and public utilities covering the following described tract of point in the nerth line of said 118.93 tract of land; THENCE § 61° 52' E with the sout id Lot 18, 31.0 £t. to a point on said lin THENCE $ 13° 20° W, 71.3 ft, apd O6' W, 157.1 ft.
to a point on a curve in Zee Ba Tight of way line of Plaza Parkway as dedi 2 #tTument filed in Vol. 4610, Page 175 of the atords of Tarrant County, Said curve bears S$ 61° 19° Texas, from which this 27“ W, 207.36 lis
curve in Zee Ba Tight of way line of Plaza Parkway as dedi 2 #tTument filed in Vol. 4610, Page 175 of the atords of Tarrant County, Said curve bears S$ 61° 19° Texas, from which this 27“ W, 207.36 lis THENCE Northweste VY id curve through a central a h angle of 16° 9 istance of 58.0 ft. to a point on said curve; THENCE N 7° pf : a point on £ curfe in the northeast line of Plaza Parkway ch the center of said curve bears , 43.8 ft.; N 7° G6', 85.6 ft. and N 13° 20' E, 81.7 ft. to a point on the south line of said Lot 19; WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS B-2 4829-3826-9589v.8 63115-1 D225041228 Page 75 of 75 THENCE § 75° 23' E, with said lot line, 10.0 ft. to the place of beginning and containing 8,864 square feet of land, which easement tract includes all of that portion of the sanitary sewer easement recorded in Vol. 4116, Page 201 of the Deed Records of Tarrant County, Texas, that is on said 118,920 square feet tract, and it includes the easement for Forth Worth Sanitary Sewer Lateral No. 7115 and an existing 30 inch underground concrete storm drain ALSO SUBJECT to an existing 48 inch underground conc storm drain which is located either within the abov.
described easement tract or is parallel and adjac to the east boundary line of said easement tract ©) WESTOVER SQUARE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS B-3 4829-3826-9589v.8 63115-1