D221239609 08/19/2021 08:17 AM Page: 1 of 66 Fee: $279.00 Submitter: Four Tier Software LLC Electronically Recorded by Tarrant County Clerk in Official Public Records at: MARY LOUISE NICHOLSON COUNTY CLERK BYLAWS OF WOODLAND SPRINGS HOMEOWNERS ASOCIATION, INC.
(a Texas nonprofit corporation) ARTICLE 1 GENERAL Section 1.01. PURPOSE OF BYLAWS. These Bylaws (“Bylaws WOODLAND SPRINGS HOMEOWNERS ASSOCIATION, IN Secretary of State Filing Number 0803935003 (the “‘Association”), § whose Members consist of the Owners of Lots in WOO Tarrant County, Texas (“Subdivision”), covered by the Restrictions for Woodland Springs (to which these Byla separately but contemporaneously with these Bylaws i Texas (the “Declaration”), pertaining to the follags Lots 1 — 11, 13-29, and Lots 1X & 12 Lots 1 — 33, Block 2; Lots 1 ~ 15, Block 3; Lots 1 - 8, Block 4; ¢e), Block 6; and e¢ & Drainage Easement), and Lot 4X (Private Lots 1 — 4, Lot 1X Open Space}, Block 7 Declarant as “WOODLAND SPRINGS”) an addition gining 23.456 acres or 1,021,743 square feet of land more at filed July 30, 2021, as Instrument Number D221219976 of , Tarrant County, Texas, and any additional property annexed ise covered by this Declaration.
Of the provisions of the Declaration will be repeated or summarized within these yng terms and provisions of these Bylaws are intended to complement and espect to the property described therein.
Section 1.02. DEFINITIONS. Words and phrases defined in the Declaration will have the same meanings when used in these Bylaws, unless defined otherwise herein. Unless defined otherwise in the Declaration or in these Bylaws, words and phrases defined in Section 209.002 of the Texas Residential Property Owners Protection Act will have the same meaning when used in these Bylaws. The following
Declaration or in these Bylaws, words and phrases defined in Section 209.002 of the Texas Residential Property Owners Protection Act will have the same meaning when used in these Bylaws. The following words and phrases will have specified meanings when used in these Bylaws: a. “Board of Directors” or “Board” means the Board of Directors of Woodland Springs Homeowners Association, Inc., the group of persons vested with the management of the affairs of the Association.
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D221239609 b. “Board Meeting” means a deliberation among a quorum of the voting Board, or between a quorum of the voting Board and another person, during which Association business is considered and the Board takes forma) action; and does not include the gathering of a quorum of the Board at a social function unrelated to the business of the Association or the attendance of the Board at a regional, state, or national convention, ceremonial event, or press conference if formal action is not taken and any discussion Association business is incidental to the social function, convention, ceremonial evey conference.
c. “Declarant Control Period” means the Development period 209.002(4-a) of the Texas Residential Property Owners Protection, d “Director’' means a member of the Board of Director.
e. “Fiscal Year” means each twelve (12) mont of January and ending on the last day of the fol December, unless the Board otherwise selects an alternative twelve-month period.
f. “Majority” means more than 50 percent , including Declarant and each 8] indicates that a Member means a f committee of the Association.
g. “Member” means a Member of thd Lot Owner in the Subdivision, unleg p member of the Board of Diegey orp
ncluding Declarant and each 8] indicates that a Member means a f committee of the Association.
g. “Member” means a Member of thd Lot Owner in the Subdivision, unleg p member of the Board of Diegey orp h. “Officer” mea e-Association. “President,” “Vice President,” “Secretary,” and “Pre respectively, the President, Vice President, Secretary, and Treasur iafion.
paving such interest merely as security for the performance of an olders of mortgages and home equity loans).
Section 1.03. NONPROFIT PURPOSE. The Association is not organized for profit and is governed by Chapter 22 of the Texas Business Organizations Code.
Section 1.04. COMPENSATION. A Director, Officer, or Member will not be entitled to reccive any pecuniary profit for the operation of the Association, and no dividend or assets of the Association will be distributed to, or inure to the benefit of, a Director, Officer, or Member; provided, however: a. that reasonable compensation may be paid to a Director, Officer, or Member, for services rendered to the Association; 2 §39827-v2 (8.12.2021) - Bylaws for Woodland Springs Homeowners Association, Inc.
Page 2 of 66 D221239609 b. that a Director, Officer, or Member may, from time to time, be reimbursed for his or her actual and reasonable expenses incurred on behalf of the Association in connection with the administration of the affairs of the Association, provided such expense has been approved by the Board.
Section 1.05. GENERAL POWERS AND DUTIES OF THE ASSOCIATION. The Associatio: through the Directors, will have the powers and duties necessary for the administration of the 4 the Association and for the operation and maintenance of the Subdivision as may be requireg by the Governing Documents and state law. The Association may do any and all thing
e administration of the 4 the Association and for the operation and maintenance of the Subdivision as may be requireg by the Governing Documents and state law. The Association may do any and all thing and which are necessary, proper, or desirable in operating for the best interests of its only to the limitations upon the exercise of such powers as are expressly set fo Documents.
ARTICLE 2 MEMBERSHIP Section 2.01. MEMBERSHIP. Every person or entity whos to Assessments provided in the Declaration and the Decla present or future Members are subjcct to the Certificate of the Board of Directors of the Association to ma provisions sect forth in the Governing Documes” provisions are accepted, ratified, and will be strictly followed. Further, Membershi ¥ ation will signify that the Owner has designated the Association as its represen Mitte, defend, or intervene in litigation or an administrative proceeding affecting enférdemenf 4f Me Declaration or the protection, preservation, or operation of the Subdivision.
Section 2.02.
Membership: , Sen is the Declarant, its successors and assigns. The Class B sc,afid be converted to Class A Membership 15 days after the first of Déclarant; or (iii) the surrender by Declarant of the authority to appoint and rectors and Officers by an express amendment to the Declaration executed and ARTICLE 3 GOVERNING BODY Section 3.01. BOARD OF DIRECTORS. The Board of Directors governs the affairs of the Association. During the Declarant Control Period, the Board will consist of three (3) Directors as named in the Certificate of Formation, or their successors, who necd not be Members. Beginning with the first meeting of the Members of the Association after the expiration of the Declarant Contro! Period and
the Certificate of Formation, or their successors, who necd not be Members. Beginning with the first meeting of the Members of the Association after the expiration of the Declarant Contro! Period and continuing thereafter, the Board will be expanded to consist of five (5) Directors, all of whom will be elected by the Class A Members as provided herein. Directors will be elected or appointed at the annual meetings of the Members. The number of Directors may be changed by amendment of these Bylaws, but 3 539827-v2 (8.12.2021} - Bylaws for Woodland Sprinzs Homeowners Association, Inc.
Page 3 of 66 D221239609 Page 4 of 66 will not be less than three (3); however, a decrease in the number of Directors may not shorten the term of an incumbent Director. Notwithstanding anything contained in these Bylaws, during the Declarant Control Period, the Class B Member is entitled to appoint and remove the members of the Board of Directors and the Officers of the Association. However, at least one-third (1/3) of the members of the Board will be elected by the Members other than the Declarant not later than the one hundred twent (120th) day after the date seventy-five percent (75%) of the Lots that may be created and made sukjec the Declaration are conveyed to Class A Members.
Section 3.02 QUALIFICATION AND TERM. After the Declarant Control Period 2 Class B ememibersiaps ceases to exist, all Directors must be Members of the Association.
ins“or balloting at established by the Board). A Director takes office upon the adjo : val “will hold office which he is elected or appointed and absent death, ineligibility, resig until his successor is elected or appointed.
Section 3.03. NOMINATION OF DIRECTORS. Prior to annual mééfing of the Members of the
hich he is elected or appointed and absent death, ineligibility, resig until his successor is elected or appointed.
Section 3.03. NOMINATION OF DIRECTORS. Prior to annual mééfing of the Members of the Association and with respect to those Director positions for wh {embers alone may elect, the Board will prescribe: a. the opening date and the closing & every Member who has a bona fide i such position; } énable filing period in which each and ong as a Director may file as a candidate for b. that each and ey 4 aS properly filed as a candidate will be included on the ballot; Owners serving at one time does not exceed the number of Lots they co-own.
Section 3.05. ELECTION. After the Declarant Control Period expircs and the Class B membership ceascs to exist, Directors will be clected by the Members by written ballot. The election of Directors will be conducted at the annual meeting of the Members, at any special meeting called for that purpose, or by mail, email, or facsimile transmission, or a combination of mail, cmail, and facsimile transmission. The position of any Board Member whose term has cxpired must be filled by clection by the Members.
Section 3.06. VACANCIES. A Board Member may be appointed by a Majority of the remaining Board Members only to fill a vacancy caused by resignation, death, or disability, Each Director so 4 539827-v2 (8.12.2021) - Bylaws for Woodland Springs Homeowners Association, Inc.
D221239609 Page 5 of 66 appointed will serve out the remaining term of his predecessor. This Section does not apply to the appointment of a Board Member during the Declarant Control Period.
Section 3.07. REMOVAL OF DIRECTORS. At any annual or special meeting of the Members, apy
decessor. This Section does not apply to the appointment of a Board Member during the Declarant Control Period.
Section 3.07. REMOVAL OF DIRECTORS. At any annual or special meeting of the Members, apy one or more of the Directors may be removed with or without cause by Members representing a Majofrit of the votes present in person or by proxy at such meeting, and a successor will then and there bex to fill the vacancy thus created. Any Director whose removal has been proposed by the Membefs given an opportunity to be heard at the meeting. However, if the Board is presented documentary evidence from a database or other record maintained by a governmental lay authority that a Board Member has been convicted of a crime of moral turpitude, \ and is prohibited from future service on the Board.
Section 3.08. MEETINGS OF THE BOARD.
, for the purpose of adopting these Bylaws, clecting Officers, and for other Purpages determined by the Board at the meeting. The Directors calling the meeting“wwi of the meeting to each Director named wype Gerti third day before the date of the meeting b. Regular Meeting. Regular mé times during each Fiscal Year” THE BOARD. Regular and special Board Mcctinys must be ght of ihe Board to adjourn a Board Meeting and reconvene in closed actions involving personnel, pending or threatened litigation, contract actions, confidential communications with the Association's attomey. matters tive session must be summarized orally and placed in the minutes, in general terms, g the privacy of individual Owners, violating any privilege, or disclosing information general explanation of expenditures approved in executive session. This Section applies to a Board Meeting during the Declarant Control Period only if the meeting is conducted for the purpose of (i}
n general explanation of expenditures approved in executive session. This Section applies to a Board Meeting during the Declarant Control Period only if the meeting is conducted for the purpose of (i} adopting or amending the Governing Documents of the Association; (ii) increasing the amount of regular Assessments of the Association or adopting or increasing a special Assessment; (iil) electing nondeveloper appointed Board members of the Association; or establishing a process by which those members are elected; or (iv) changing the voting rights of Members of the Association.
Section 3.10. NOTICE OF BOARD MEETINGS.
a. To Board members. Notice of regular and special Board Meetings, which notice will state the place, time, and purpose of such mecting, will be provided to each Director 5 539827-v2 (8.12.2021) - Bylaws for Woodland Springs Homeowners Association, Inc.
D221239609 either in person, by telephone, by email, or by other written communication at least 72 hours before the start of the regular or special Board Meeting. Attendance of a Director at a meeting constitutes a waiver of notice, unless the Director attends a meeting for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened.
b. To Members. Members will be given notice of the date, hour, placc, and gener subject of a regular or special Board Meeting, including a general description ofan fl © matter 10 be brought up for deliberation in executive session, The notice must be (i) mailed to each Member not later than the tenth (10th) day or earlier than the (60th) day before the date of the meeting; or (11) provided at least seventybefore the start of the meeting by (a) posting the notice in a consp
t later than the tenth (10th) day or earlier than the (60th) day before the date of the meeting; or (11) provided at least seventybefore the start of the meeting by (a) posting the notice in a consp reasonably designed to provide neuen to Members in a place, owned property within the Subdivision; or (b) POSES the no maintained by the Association or other Intemet media; and ( mail to each Owner who has registered an e-mail ada ith’ og Etim, | It is an Section 3.1]. CONDUCT OF MEETINGS, The Presigé The Secretary will keep a record of each regular ered of the meeting and will record in a minute book 1 or the Governing Documents, the then current editio *S RULES OF ORDER will govern the conduct of the meetings of the Board.
Section 3.12. VOTING. Each Dj me (1) vote.
Section 3.13. QUORUM.
for the transaction of business proxy) at a mccting at which 4 wigs, a Majority of the Directors will constitute a quorum a Majority of the Directors present (or represented by vésent will constitute the decision of the Board. If less than a quorum is present at any, the Majority of those present may adjourn the meeting from time to time, The Boarf § novice of the time and place of a rescheduled meeting in at least one manner prescribed b Any business that might have been transacted at the meeting as originally called acééd during the rescheduled meeting. Directors present at the meeting by proxy ma e ted toward a quorum.
Section 3.T5. PLACE OF MEETINGS, Except for a meeting held by electronic or telephonic means, Board Meetings will be held at the principal office of the Association as shown on the Management Certificate or at such other suitable place, but not more than five (5) miles from the Subdivision, ag may be designated by the Board.
he principal office of the Association as shown on the Management Certificate or at such other suitable place, but not more than five (5) miles from the Subdivision, ag may be designated by the Board.
Section 3.16. ALTERNATIVE METHOD OF MEETING. The Board of Directors may hold meetings by using a conference telephone (or similar communications equipment) or other suitable electronic communications system (including video-conferencing technology or the internet) or any combination thereof, so long as the telephone or other equipment or system permits each person participating in the meeting to communicate with all other persons participating in the meeting. However, if the Board meets by an alternative method of communication without providing prior written notice of such meeting to 6 539827-v2 (8.12.2021} - Bylaws for Woodiand Springs [lomeowners Association, Inc.
Page 6 of 66 D221239609 Page 7 of 66 Owners, it may only do so for the limited purpose of considering or voting on (i) routine and administrative matters; or (11) a reasonably unforeseen emergency or urgent necessity that requires immediate action by the Board.
The Board is expressly prohibited from considering or voting on, without providing prior written noti a Board Meeting to Owners, the following matters: a. fines; b. damage Assessments; c. initiation of foreclosure actions; d. imitiation of enforcement actions against an Owne legal proceeding seeking a temporary restraining order; e. increases in Assessments: f. levying of special Assessments; g. appeals from a denial of ACC 0S h. a suspension of a right of opportunity to attend a Boag ice defense on the issue.
Section 3.17. RECESS. 1 ‘umvent the requisites of this Article. If a regular or special
als from a denial of ACC 0S h. a suspension of a right of opportunity to attend a Boag ice defense on the issue.
Section 3.17. RECESS. 1 ‘umvent the requisites of this Article. If a regular or special dwing regular business day, and on that following day the Board duties, including duties as a committee member, in good faith, with Ordinary care, and in a manner the Director reasonably believes to be in the best interest of the Association. A Director is not liable to the Association, a Member, or another person for an action taken or not taken as a Director if the Director acted in compliance with this Section. A person seeking to establish liability of a Director must prove that the Director did not act in good faith, with Ordinary care, in a manner the Director reasonably believed to be in the best interest of the Association. A Director is not considered to have the duties of a trustec of a trust with respect to the Association or with respect to property held or administered by the Association.
A Director may in good faith, and with Ordinary care, rely on information, opinions, reports, or statements (including financial statements and other financial data) prepared or presented by: (i) Officers or employees of the Association; (ii) legal counsel; (iii) a certified public accountant; (iv) an investment banker; (v) a management or non-management committee of the Association of which the Director is not 7 §39827-v2 ($.12.2021) - Bylaws for Woadland Springs Homeowners Association, Inc.
D221239609 a member; and/or (vi) any other person the Director reasonably believes to possess professional expertise in the matter.
Section 3.20.
duties necessary for the administration of the Association and for the operation and maintenance o
erson the Director reasonably believes to possess professional expertise in the matter.
Section 3.20.
duties necessary for the administration of the Association and for the operation and maintenance o Subdivision. The Board may do all such acts and things except those that by law or the Go the Directors present in person or by proxy at a meeting at which a quorum is present is Board of Directors. Without prejudice to the general and specific powers and duties set fp Board by resolution of the Association, the powers and duties of the Board will i himited to, the following: POWERS AND DUTIES OF THE BOARD. The Board will have all the powers apd a. Rules and Regulations, The Board by resolution ma 3 and publish Rules and Regulations governing use of the Co erty and the é to use of the Common Property, after notice and hearing, pursuan ions f d 209.007 of c. Delinquent Accounts. The Board 1m charges for Members’ delinquent acg6unty Board may also establish a rate of interest to be charged on M eli €counts, provided the rate of intcrest does not exceed cighteen pts whichever is the lesser.
d.
fidelity bonds. Thefre ec.
deemed maximum rate permitted by state law, ponsible for Association funds will furnish adequate psuch bonds may be an expense of the Association.
Emplo (Co) Yoard may employ independent contractors or employees as The Board, by resolution, may froin time to time fing or ad foc committees to advise or assist the Board with its e Board, Committees may be appointed from among the Members or professionals in the area of expertise for which the committee is formed.
g.
Fines. In addition to, or in lieu of other remedies as provided by law, the Board may levy fines for each day or occurrence that a violation of the Governing Documents
hich the committee is formed.
g.
Fines. In addition to, or in lieu of other remedies as provided by law, the Board may levy fines for each day or occurrence that a violation of the Governing Documents persists, after notice and hearing, and provided the amount of the fine does not excecd the amount necessary to ensure compliance with the Governing Documents.
h.
Contracts for Services. The Board may enter into contracts for services on behalf of the Association, and, when appropriate, will solicit competitive bids based on a standard statement of work prepared or approved by the Board.
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Page 8 of 66 D221239609 Page 9 of 66 i. Professional Association Management Services. The Board may employ a Managing Agent for the Association, at a compensation established by the Board, to perform duties and services authorized by the Board.
ite Management Certificates. The Board will execute and record Management Certificates in accordance with Section 209.004 of the Texas Residential Property Owners Protection Act.
kK _ Payment Plan Guidelines. The Eating will adopt and record a Fagpmes \, Records Production and Copying Policy. The Boary Records Production and Copying Policy in accordang Residential Property Owners Protection Act.
and record a ith Sectig ’ of the Texas m. Document Retention Policy. The Board Document Retention Policy in a Residential Property Owners Protection mply with, and record a 9.005(m) of the Texas n.
accurate financial rece With plefe entries as to cach financial transaction of the Association, including .
q. Tax Forms. The Board will file all requisite forms, documents, and information with Taxing authorities
ncial rece With plefe entries as to cach financial transaction of the Association, including .
q. Tax Forms. The Board will file all requisite forms, documents, and information with Taxing authorities T. Bank Accounts, The Board will open bank accounts and/or banking-type accounts on behalf of the Association and designating the signatories required.
s. Insurance. The Board will obtain and carry insurance against casualties and liabilities, as provided in the Declaration, and paying the premium cost thereof.
t. Legal Action. The Board may enforce by legal means the provisions of the Declaration, these Bylaws, and the Rules and Regulations adopted by it, and bring any 9 339827-v2 (8.12.2021) - Bylaws for Woodland Springs Homeowners Association, Inc.
D221239609 proceedings that may be instituted on behalf of or against Members conceming the Association.
u. Management Agent. The Board may employ for the Association a professional management agent(s) or executive manager (each and all of whom will be sometimes referred to herein as the “Managing Agent”) at a compensation established by the board to perform such duties and services as the Board will authorize. The Board may dclegat 1o the Managing Agent some of the powers granted to the Board for the routine opergtion V. Borrowing. The Board will have the power to b specific approval of the Members of the association, for the puk i, operations, capital improvements, rop replacement or restoration of Common Property where such proposed borrov nas been theretotore reflected in an annual budget of the Association; a i modifying, improving KR é, where the total amount of such borrowing would exceed twe nt (25%) of the budgeted gross expenses of the Associatio: cal Year, provided that any such
of the Association; a i modifying, improving KR é, where the total amount of such borrowing would exceed twe nt (25%) of the budgeted gross expenses of the Associatio: cal Year, provided that any such borrowing proposal wal] ha ea ve approval of at least three-fourths (3/4) of the Directops w. Notice. The Board action in accordance Protection Act and the 20%007 of the Texas Residential Property Owners Protection ll govern all hearings before the Board.
Section 31. x Action, A Director who is present at a Board Meeting at which action is taken orXan » on Mhafler is presumed to have assented to the action unless the Director's dissent has es Eereincy of the meeting before the meeting is adjourned, or the Director has sent a written ch ¥ registered mail to the Secretary of the Association immediately after the meeting has been adjg ‘The right to dissent under this Section does not apply to a Director who voted in favor of the action.
ARTICLE 4 OFFICERS Section 4.01 DESIGNATION. The principal Officers of the Association will be the President, the Vice President, the Secretary, and the Treasurer. The Board may appoint such other Officers and assistant Officers as it deems necessary. The President and Vice President will be Dircetors, Other Officers may, but need not, be Directors. Any two offices may be held by the same person, except the offices of President and Secretary. If an Officer is absent or unable to act, the Board may appoint a Director to perform the duties of that Officer and to act in place of that Officer, on an interim basis.
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Page 10 of 66 D221239609 Page 11 of 66 Section 4.02 ELECTION OF OFFICERS. During the Declarant Control Period, the Officers will be
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Page 10 of 66 D221239609 Page 11 of 66 Section 4.02 ELECTION OF OFFICERS. During the Declarant Control Period, the Officers will be appointed by the Declarant. Thereafter, the Officers will be elected annually by the Directors at the first reguiar Board Meeting of each Fiscal Year. Except for resignation or removal, Officers will hold office until their respective successors have been designated by the Board.
Section 4.03 REMOVAL AND RESIGNATION OF OFFICERS. Any Officer may be renfe the Declarant during the Declarant Control Period. Thercafter, a Majority of Directors may Officer, with or without cause, at any regular Board Meeting or at any special Board Meg from the Board.
Section 4.04 STANDARD OF CARE. An Officer is not able to th or any other person 3 af an Officer unless the Officer's conduct was not exercised in good faith, with Oxdittyy care, and in a manner the Officer reasonably believes to be in the best intcrest of the Association. ection will not affect the liability of a. President, As the chief exccyfive Ott 1 the Association, the President will be a Director and will: (i) rey at @ i have all the general powersA i a corporation organized supervision, direction, contro] of the Board; 4 into effect.
fe Asually vested in the office of President of smof’ the State of Texas: (i) have general he business of the Association, subject to the #f the President’s inability or refusal to act, will perform the fhe Vice President will perform such duties as are assigned by ofS; (Vv) prepare and give all notices in accordance with the Tcxas Business Organizations Code and the Governing Documents; (v1) act as the custodian of records of
form such duties as are assigned by ofS; (Vv) prepare and give all notices in accordance with the Tcxas Business Organizations Code and the Governing Documents; (v1) act as the custodian of records of the Association; (vi) review all mail on behalf of the Association; and (vii) in general, perform all duties incident to the office of Secretary.
d. Treasurer. The Treasurer will perform or supervise the performance of the following responsibilities: (i) be responsible for Association funds; (ii) keep full and accurate financial records and books of account showing all receipts and disbursements; (iii) prepare all required financia! data and tax returns; (iv) deposit all monies or othcr valuable effects in the name of the Association in such depositories as may from time to time be designated by the Board; (v) prepare the annual and supplemental budgets of the Association; (vi) revicw the accounts of the Managing Agent on a monthly basis in the 11 §539827-v2 (8.12.2021) - Bylaws for Woodland Springs Homeowners Association, Inc.
D221239609 Page 12 of 66 event such Managing Agent is responsible for collecting and disbursing Association funds; and (vi) perform all the duties incident to the office of Treasurer.
Section 4.06 AUTHORIZED AGENTS. Except when the Governing Documents require execution of certain instruments by certain individuals, the Board may authorize any person to execute agreements, contracts, deeds, leases, checks, and other instruments on behalf of the Association, by written resolution. In the absence of Board designation, the President and th Vice President are authorized to execute such instruments on behalf of the Association.
ARTICLE 5 MEETINGS OF THE MEMBERS OF THE ASSOCIATIO
n. In the absence of Board designation, the President and th Vice President are authorized to execute such instruments on behalf of the Association.
ARTICLE 5 MEETINGS OF THE MEMBERS OF THE ASSOCIATIO Section 5.01. ANNUAL MEETING. Annual mectings of the Mepbérs~ypi ook bn or before March 15 on each year. At the annual meeting the Members will elect/Dyré ipascordehce with these ak may properly come all an annual meeting Bylaws. Thc Members may also transact such other business of the before them. Notwithstanding any other provision in these Bylaws, thé of the Members of the Association, mecting of the Members of the Association be cal +. nol Association according to the most recently fi dnagentent Certiticate. A copy of the notice must be sent to cach Owner who is a Memb f Yor’ If the Board does not call a meeting of the Members of the Association on or h ig Oth) day after the date of a demand, three or more Owners may form an election, do ite he-élection committee will file written notice of the committee's formation with tk %, Clerk. A notice filed by an election committee must contain: (i) a statement that a in Members of the Association foxthe Sale Pypose of clecting Board members; (ii) the name and residential address of each election cOmimittée thember; and (iii) the name of the Subdivision over which the Association has jurisdicfi leh th’ Governing Documents. Each election committee member must = pefore a notary or other official authorized to take acknowledgments.
€ notice the date the notice ts filed and record the notice in the county's anv6ne election committee in the Subdivision files a notice, the first election notice, after having complied with all other requirements of this Section, is the
and record the notice in the county's anv6ne election committee in the Subdivision files a notice, the first election notice, after having complied with all other requirements of this Section, is the with the power to act under this Section. An election committee that does not hold or | election within four (4) months after the date the notice is filed with the county clerk ineffective Tor any purpose under this Section. The election committee may call meetings of the Owners who are Members of the Association for the sole purpose of electing Board members. Notice, quorum, and voting provisions contained in these Bylaws apply to any meeting called by the election committee.
Section 5.03. SPECIAL MEETINGS. A special meeting of the Membcrs may be called by either: (1) the President; (ii) a Majority of the Board; or (iii) Members having not less than one-tenth (1/10) of the votes entitled to be cast al a meeting of the Members. Such meeting will be held within thirty (30) days after the Board resolution or receipt of the petition.
Section 5.04. PLACE OF MEETINGS. Meetings of the Association will be held at the principal office of the Association as designated on the Management Certificate or at such other suitable place convenicnt 12 539827-v2 (8.12.2021) ~ Bylaws for Woodland Spnngs Homeowners Association, Inc.
D221239609 Page 13 of 66 to the Members, but not more than five (5) miles from the Subdivision, as may be designated by the Board, Section 5.05. NOTICE OF MEETINGS. Members will be given notice of the datc, time, and locati (if the meeting is not held solely by using a conference telephone or other communications system) meeting of the Members. If the meeting is to be held by using a conference telephone opoi
and locati (if the meeting is not held solely by using a conference telephone or other communications system) meeting of the Members. If the meeting is to be held by using a conference telephone opoi Members, then the notice must also state the purpose(s) for which such special meeting 7 d SP9 meeting. T he notice of a meeting of the Members must be delivered to each Me the meeting no earlier than sixty (60) days, nor later than ten (10) days. before th the Members. A notice of a meeting of the Members may be delivered mail, facsimile, or email.
Section 5.06. RECORD DATES.
a dale as the record date for ep of the Members of the days before the date of a a. Determining Notice Eligibility. The Board % determining the Members entitled to notice of a Association. The record date may not be more meeting of the Members at which Mombgeyrll b. Determining Voting Eligibili determining the Members entitled Association. The record date ay ng meeting of the Members at ENS abe z 4 g HO date may not be more than sixty * (60) days before Sligibility is required, such as a nomination to the Board.
Uctermination of Members entitled to notice of or to vote al a of the Association is effective for any adjournment of the Sections /OTING MEMBERS LIST. The Board will prepare and make available a list of the Association's voting Members in accordance with Texas Business Organizations Code Section 22,158.
After setting a record date for the notice of a meeting of the Members, the Association will prepare an alphabetical list of the names of all its voting Members. The list must identify the Members who arc
r setting a record date for the notice of a meeting of the Members, the Association will prepare an alphabetical list of the names of all its voting Members. The list must identify the Members who arc entitled to notice, the address of each voting Member, and the number of votes each voting Member is entitled to cast at the meeting. Not later than the sccond (2nd) business day afler the date notice ts given of a meeting for which a list was prepared in accordance with this Section, and continuing through the meeting, the list of voting Members must be available at the office of the Association’s Managing Agent, according to the most recent Management Certificate recorded, as identified in the notice of the meeting, for inspection by Members entitled to vote at the meeting for the purpose of communication with other Members concerning the meeling. A voting Member or voting Member's agent or attorney is entitled on written demand to inspect, and at the member's expense and subject to Section 209.005 of the Texas 13 539827-v2 (8.12.2021) - Bylaws for Woodland Springs Homeowners Association, Inc.
D221239609 Page 14 of 66 Residential Property Owners Protection Act, copy the list at a reasonable time during the period the list is available for inspection. The Association will make the list of voting Members available at the meeting.
A voting Member or voting Member's agent or attommey is entitled to inspect the list at any time during the meeting or an adjournment of the meeting.
Section 5.08. QUORUM. At any meeting of the Members of the Association, the presence in pi by proxy of Membcrs entitled to cast at least twenty percent (20%) of the votes that may be election of the Board wil] constitute a quorum. If any meeting of the Members of the Assogj4
presence in pi by proxy of Membcrs entitled to cast at least twenty percent (20%) of the votes that may be election of the Board wil] constitute a quorum. If any meeting of the Members of the Assogj4 be held because a quorum is not present, a Majority of the Members who are present either in person or by proxy, may adjourn the meeting to a time not less than five (5) da thirty (30) days from the time the original meeting was called, and the Association time and place of the rescheduled meeting to the Members in at least one man Bylaws. The Members present at a duly called or held meeting at less than a quorum, provided that any action taken will be approved b required to constitute a quorum.
Section 5.09. VOTES. Class A Members of the Associatiqn Will be entitled to one (1) vote for each Lot owned in the Subdivision. The Class B Member will be entt o nine (9) votes for each Lot owned in the Subdivision; provided, however, in no event wil number of Class A votes plus one (1). The vote Oe cast at any mecting at which a quorum is prese j except when a higher percentage is required by_th cumulative voting, The voting rights of an meeting of the Members; or by absenteeall ele 1 ¢ upon all Members for all purposes, 6n or these Bylaws. There will be no © cast or given in person or by proxy at a allot in accordance with this Article.
Section 5.10. PROXIES. A vatil delegating Member’s “attorneyf-igg meeting. Unless a proxy doc writing, executed by the delegating Member or the with the Secretary before the appointed time of each addition, unless a proxy document states that it will remain in effect for a period of timg/ih_exr gleven (11) months, it automatically expires eleven (11) months after the date of its cxect €)
f each addition, unless a proxy document states that it will remain in effect for a period of timg/ih_exr gleven (11) months, it automatically expires eleven (11) months after the date of its cxect €) Section 5.11. A] LS. Any vote cast in an election or vote by a Member of the Association must be in writingvand ¢ ember. In an Association-wide election, written and signed ballots are not Tequired S . Electronic votes cast as provided below constitute written and signed establishing a quorum, even if properly delivered, if the Owner attends the meeting to vote in person, Any vote cast at a meeting by an Owner supersedes any vote submitted by absentee or electronic ballot previously submitted for that proposal. An absentec or electronic ballot may not be counted on the final vote of a proposal if the motion was amended at the mccting to be different from the exact language on the absentee or electronic ballot. A solicitation for votes by absentee ballot must include the following: i. an absentee ballot that contains each proposed action to be voted on at the meeting of the Members and provides an Owner an opportunity to vote for or against each proposed action; and 14 539827-v2 (8.12.2021) - Bylaws for Woodland Springs Homeowners Association, Inc.
D221239609 Page 15 of 66 ii. instructions for delivery of the completed absentee ballot, including the delivery location.
In addition, the solicitation for votes by abscntce ballot must include the following advisory: By casting your vote via absentee ballot you will forgo the opportunity to consider and vote on any action from the floor on these proposals, if a meeting is held. This means that if there are amendments to these proposals your votes will not be counted on the
opportunity to consider and vote on any action from the floor on these proposals, if a meeting is held. This means that if there are amendments to these proposals your votes will not be counted on the vote on these measures. If you desire to retain this ability, pleasc attend any mee#f Section 5.12. CO-OWNED LOTS. Ifa Lot is owned by Member and only one Member is present at a meeting of the Members of the Ass ay cast the vote allocated to that Lot. [fmore than one of the multiple Owners is pros accordance with the Owners’ unanimous agreement. i fers are in unanimous agreement if one of the multiple Owners casts the vote allocate and none of the other Owners makes prompt protest to the person presiding over the On is owned by a corporation or a limited liability company, the vote appurtenant 3, cast by an officer of the corporation or limited liability company in the absence of exp i or bylaws of the owning corpor d liability company. The vote of a partnership may be cast Sartnership in the absence of express notice of the designation of he“minutes in which will be recorded all resolutions adopted and all transactions { eting, as well asa record of any votes taken at the meeting. ake person presiding over will govern the conduct of all meetings. of the Members when not in conflict with the Governing Documents. Votes will be tallied by tellers appointed by the person presiding over the meeting.
ARTICLE 6 COMMITTEES Section 6.01. GENERAL. Committees to perform such tasks and to serve for such periods as may be designated by a resolution adopted by a Majority of the Directors present at a meeting at which a quorum is present are hereby authorized. Such committees wil] perform such duties and have such powers as may
ted by a resolution adopted by a Majority of the Directors present at a meeting at which a quorum is present are hereby authorized. Such committees wil] perform such duties and have such powers as may be provided in the resolution. Each committee will operate in accordance with the terms of the resolution of the Board designating the committee or with rules adopted by the Board. The Board will appoint the 15 539827-v2 (8.12.2021) - Bylaws for Woadland Springs Homeowners Association, Inc.
D221239609 Page 16 of 66 chairperson for each committee that will preside at its meetings and who will be responsible for transmitting any and all communications to the Board, Any committee designated to have and exercise the authority of the Board of Directors in the management of the Association must consist of at least two (2) committee members, the Majority of whom must be current Board members.
Section 6.02. ARCHITECTURAL CONTROL COMMITTEE. During the Declarant Control the Board will serve as the Architectural Control Committee, or it may designate one or mo individual members to perform the functions of the Architectural Control Committee. After # Control Period, the Board will appoint an Architectural Control Committee consisting of 44 Standards (See Article 7 of the Declaration).
Section 6.03. ACTION WITHOUT A FORMAL MEETING, Any a be signed by all the committee members entitled to vote with respect to sufficient number of committee members as would be necessaf\ to take tha at a meeting at which all of the members of the committee were present and voted? e fullest extent allowed by Texas law and as provided by the Governing Documents.
Section 7.0). RULES. The Board will h y reasonable Rules and Regulations fi SW) hea a stration of the Association and the Governing
ent allowed by Texas law and as provided by the Governing Documents.
Section 7.0). RULES. The Board will h y reasonable Rules and Regulations fi SW) hea a stration of the Association and the Governing Documents; (ii) the maintenance, pfafAgtrockt, ‘apefafion, use, conservation, and beautification of the Subdivision; and (iii) the healt pNandd geseral welfare of the residents; provided, however, that } e Sevgming Documents. The Board will, at all times, maintain tte form that can be copied and distributed to the Members, ENDMENT. Any Rule may be adopted, amended, or terminated ule and the requisite Board approval are properly recorded as a circulated to the Members, at least ten (10) days before the Rule’s effective date. Any d will have the right to comment orally or in writing to the Board on the proposed Section 7.04. DISTRIBUTION. Upon written request from any Member or occupant of a Lot, the Board will provide a current and complete copy of the Rules.
ARTICLE 8 OBLIGATIONS OF THE OWNERS Section 8.01. PROOF OF OWNERSHIP. Any person, on becoming a Member of the Association, will furnish to the Board evidence of ownership in the Lot, which copy will remain in the files of the Association. A Member will not be deemed to be in good standing nor be entitled to vote at any annual or special meeting of the Members of the Association unless this requirement is first met.
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D221239609 Page 17 of 66 Section 8.02. OWNERS’ ADDRESSES. The Owner or the several Co-Owners of a Lot will register and maintain one mailing address and one email address to be used by the Association for mailing of statements, notices, and all other communications. The Owner will keep the Association informed of the
d maintain one mailing address and one email address to be used by the Association for mailing of statements, notices, and all other communications. The Owner will keep the Association informed of the Member’s current mailing and email addresses. If an Owner fails to maintain a current mailing add with the Association, the address of that Owner's Lot will be deemed to be his mailing addre Owner who mortgages his or her Lot will furnish the Board with the name and mailing addre$ mortgagee.
Section 8.03. ASSESSMENTS. All Owners will be obligated to pay Assessments a Declaration.
Section 8.04. COMPLIANCE WITH DOCUMENTS. Each Owner and terms of the Governing Documents, and any amendments thereto endeavor to observe and promote the cooperative purposes for which th ARTICLE 9 Section 9.01. AVAILABILITY. The Association will of including financial records, open to and reasona designated in a writing signed by the Owner as th in accordance with this Section. An Owner is_ és uthorized request to inspect or copy Association sing the copy from the attorney's s files and records if the Association has not maintained of a document that constitutes Work product or that is privileged as an attorney-client é er's authorized representative must submit a written request for access or information b records requested, to_the Certificate. The request must contain an election cither to inspect the obtaining copies or to have the Association forward copies of the requested custody, or Control of the Association, produce the requested books and records for the requesting party on or before the tenth (10th) business day after the date the Association receives the request. If the Association is unable to produce the books or records requested on or before the tenth (10th) business day
ore the tenth (10th) business day after the date the Association receives the request. If the Association is unable to produce the books or records requested on or before the tenth (10th) business day after the date the Association receives the request, the Association must provide to the requestor written notice that informs the requestor that the Association is unable to produce the information on or before the tenth (10th) business day after the date the Association received the request, and states a date by which the information will be sent or made available for inspection to the requesting party that is not later than the fifteenth (1Sth) business day after the date notice under this Article is given. The Association may produce books and records requested under this Section in hard copy, electronic, or other format reasonably available to the Association.
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D221239609 Section 9.02. QPEN RECORDS POLICY. The Board will adopt a Records Production and Copying Policy that prescribes the costs the Association will charge for the compilation, production, and reproduction of information requested under this Section, and will record same in the Official Public Records of Tarrant County, pursuant to Section 209.005 of the Texas Residential Property Owngxs Protection Act.
Section 9.03. RECORDS RETENTION. In accordance with Scction 209.005(m) of the Residential Property Owners Protcetion Act, the Association will adopt and comply wit!
Retention Policy that will be recorded in the Official Public Records Tarrant County, Texgs ARTICLE 10 NOTICES Section 10.01. CO-OWNERS. Ifa Lot is owned by more t be deemed notice to all Co-Owners.
Section 10.02. DELTVERY OF NOTICES. Any writtg
Official Public Records Tarrant County, Texgs ARTICLE 10 NOTICES Section 10.01. CO-OWNERS. Ifa Lot is owned by more t be deemed notice to all Co-Owners.
Section 10.02. DELTVERY OF NOTICES. Any writtg may be given personally, by mail, by email, or b i given to the Member on the date such notice is d an envelope addressed to the Member at the last ad or sent by facsimile, the notice is considere transmitted to an email address or fac; utile ber 6n the Association’s records. If emailed the Member when such meeting notice is ided by such Member, or to which such Member sociation.
go ever any notice is required to be given to an Owner, Member, or Director, a writter af the notice, signed by the person entitled to such notice, whether before or after the time stated 1Mthe maticQMill be equivalent to the giving of such notice. Attendance by pf the Members of the Association or Board, respectively, will constitute a waiver of n If all Members or Dire al respectively, no ‘{Naerefuired and any business may be transacted at such meeting.
ARTICLE 11 MISCELLANEOUS PROVISIONS OCEDURE FOR AMENDMENT. During the Declarant Control Period, the Board, e Mc, may alter, amend, or repeal the Bylaws or adopt new Bylaws. After the expiration of the Declarant Control Period, these Bylaws may be amended by the vote, in person or by proxy, or the written consents of Members representing at least a Majority of the votes cast or present at a meeting for which a quorum is obtained.
Sectid , D Section 11.02. CONFLICTING PROVISIONS. If any provision of these Bylaws conflicts with any provision of the laws of the State of Texas, such conflicting Bylaws provision will be null and void, but all other provisions of these Bylaws will remain in full force and effect. In the case of any conflict
n of the laws of the State of Texas, such conflicting Bylaws provision will be null and void, but all other provisions of these Bylaws will remain in full force and effect. In the case of any conflict between the Declaration and these Bylaws, the Declaration will control.
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Page 18 of 66 D221239609 Page 19 of 66 Section 11,03. SEVERABILITY. Invalidation of any provision of these Bylaws, by judgment or court order, will in no way affect any other provision that will remain in full force and effect. The effect of a general statement will not be limited by the enumcrations of specific matters similar to the general.
Section 11.04. HEADINGS. The headings of the Articles and Sections hereof are for convenience and will not affect the meaning or interpretation of the contents of these Bylaws.
Section 11.05. GENDER. Throughout these Bylaws, the masculine gender wil] be dee the feminine and neuter, and the singular, the plural, and vice versa.
Section 11.07. INDEMNIFICATION _AND HOLD HARMLESS. t extent allowed by Texas law and as provided in the Declaration, the Association will indemhj ery Director and Officer against any and all expenses, including attorncy’s fees reag Director or Officer in connection with any action, suit, or o reason of being, or having been, a Director or Officer.
any mistake of judgment, negligent or onerwises malfeasance, misconduct, or bad faith. The Dire respect to any contract or other commitment made Association will indemnify and foreveryod E Diréctor or Officer free and harmless against any . Act or commitment. Any right to indemnification and all liability to others on accouy s 4 i Oe bef rights to which any Director or Officer, or former Rhe Assy
r Officer free and harmless against any . Act or commitment. Any right to indemnification and all liability to others on accouy s 4 i Oe bef rights to which any Director or Officer, or former Rhe Assy provided for herein will not be ¢ Director or Officer, may be @ ciation will, as a common expense, maintain adequate \liaility insurance to fund this obligation.
Pitectors on the {J day of Flsejecnte , 2021.
VKINS, Secretary, Woodland eowners Association, Inc.
THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the 17 day of ( dagust , 2021, by JANICE HAWKINS, SECRETARY of WOODLAND SPRINGS HOMEOWNERS ASSOCIATION, INC., a Texas nonprofit corporation, on behalf of said nonprofit corporation.
2, 4 Le Baar 2 20g MU FOIE ns 19 Springs Homeowners Association, Inc.
D221239609 Page 20 of 66 ea teve Davis;Diregtof a 20 539827-v2 (8.12.2021) - Bylaws for Woudland Springs Homeowners Association, Inc.
D221239609 Page 21 of 66 UNANIMOUS WRITTEN CONSENT IN LIEU OF ORGANIZATIONAL MEETING OF THE INITIAL DIRECTORS OF WOODLAND SPRINGS HOMEOWNERS ASSOCIATION, INC.
The undersigned, being the Initial Directors named in the Certificate of Formag WOODLAND SPRINGS HOMEOWNERS ASSOCIATION, INC., a Texas corporation (Texas Secretary of State File Number 0803935003, dated and effectiyg 2021) (the “Association”), hereby adopt the following resolutions in lieu of an meeting of the Initial Directors.
CERTIFICATE OF FORMATIO RESOLVED, that the Certificate of Filing issued by the\Secretary pf State of Texas, and the file-marked copy of the Certificate of Formation filed on Febkua approved in all respects; and the Secretary is directed to e same tn Association’s records.
ASSOCIATION B
ry pf State of Texas, and the file-marked copy of the Certificate of Formation filed on Febkua approved in all respects; and the Secretary is directed to e same tn Association’s records.
ASSOCIATION B RESOLVED, that the form of the init nsisting of 19 pages) prepared by legal counsel for the Association for regulating g Association affairs and submitted to the undersigned is approved and adopte 1 BYLAWS of the Association.
RESOLVED, that the Qe 1 to place the BYLAWS in the Association’s records and to maintain a co at the Association’s principal office.
NCIPAL OFFICE RESOLVED, 7201 Hawkins View from time to mesma the Directors jation's principal office be established and maintained at e 101, Fort Worth, TX 76132, and that meetings of the Directors ther at the Association's principal office or at such other place as OFFICERS S D, that the following persons are hereby elected to the offices preceding their name: Office(s) Officeholder President Steve Hawkins Vice President, Treasurer, & Assistant Secretary Steve Davis Vice President, Secretary, & Assistant Treasurer Janice Hawkins Written Consent of Initial Directors; 8/2021; 540048-v1 Page 1 of 4 D221239609 Page 22 of 66 COMPANY RECORDS RESOLVED, that the Association, through its Secretary, shall mays Association's official organizational records and the appropriate business records, j not limited to originals, copics, or certified copics of the Association's Certificate the Certificate of Filing, the Bylaws, the List of Members, this Written Copst written consents or minutes of the meetings and of other proceedings of the and any committee established by the Association; and RESOLVED FURTHER, that the Secretary shall mainja records the current List of Members of the Association. As of t
and of other proceedings of the and any committee established by the Association; and RESOLVED FURTHER, that the Secretary shall mainja records the current List of Members of the Association. As of t there is only one Member of the Association, being H ; Texas joint venture formed effective October 27, 1997, ich an Assumed Name Certificate ssociation’s official is Written Consent was filed with the Tarrant County Clerk’s office on Sgpte . 2005, and which joint venture is currently the sole owner of all the platted lots in (fg CT, an addition to the City of Fort Worth, Tarrant County, Texas, as s R NAL PLAT filed July 30, 2021, as Instrument Number D221219976 in the Officid s¢ords of Tarrant County, Texas, and which joint venture also is the named “D arising out of the organization of the Association and to ade any disbursement on behalf of the Association.
charges and expenses } reimburse any person ¥ BANK ACCOUNTS that the officcrs of the Association be and hereby are authorized to open ank “accounts on the Association's behalf with any banks the officers deem approprrs gvidenced by the signatures of the officers on the bank’s standard new account form(s)Nand_aethorized signature records for the bank account(s). A copy of the forms to open such bank account(s) shall be filed and maintained in the Association’s official records, TAX MATTERS RESOLVED, that Association officers are authorized and directed to obtain a Taxpayer Identification Number from the Internal Revenue Service, and to consult with a tax accountant to file all appropriate tax forms and elections with the Internal Revenue Service as would be in the best interests of the Association.
Written Consent of Initial Directors; 8/2021; 540048-v1 Page 2 of 4 D221239609 Page 23 of 66 FISCAL YEAR
ections with the Internal Revenue Service as would be in the best interests of the Association.
Written Consent of Initial Directors; 8/2021; 540048-v1 Page 2 of 4 D221239609 Page 23 of 66 FISCAL YEAR RESOLVED, that the Association’s fiscal year shall begin on January 1, and.
December 31, subject to change by resolution, as appropriate, at the discretion of the D1 OPERATIONAL MATTERS RESOLVED, that the officers of the Association are authorized an association for the residential lots and for the tracts designaté iyatc-epen spaces and drainage easements in the FINAL PLAT for HULEN TRACT addifion to the (City of Fort Worth, Tarrant County, Texas (Final Plat FP 19-111) filed July 30, fs Anstrument Number D221219976 in the Official Public Records of Tarrant and as identified in the ) and for possible later phases of Certificate of Formation for the Association (the “Subjec i Mding (but not limited to) the the WOODLAND SPRINGS addition, such operg a.
(©.
eration of the Association and the pursuit and fulfillment of its pfessional services from attorncys, accountants, and others to advise and the Association; qmiring title to and exercising ownership and control over Lots 1X and 12X, Block 1; Lot 25X, Block 6; and Lots 1X and 4X, Block 7, of the subject lots in the HULEN TRACT addition, for use as open spaces and public drainage easements maintained by the Association; f. Filing copies of the Association’s dedicatory instruments with the County Clerk of Tarrant County, pursuant to Section 202.006 of the Texas Property Code; and Written Consent of tnitial Directors; 8/2021; 540048-v1 Page 3 of 4 D221239609 Page 24 of 66 g. Filing a Management Certificate for the Association with the County Clerk of Tarrant County, pursuant to Section 209.004 of the Texas Property Code.
; 540048-v1 Page 3 of 4 D221239609 Page 24 of 66 g. Filing a Management Certificate for the Association with the County Clerk of Tarrant County, pursuant to Section 209.004 of the Texas Property Code.
APPROVAL OF RESOLUTIONS RESOLVED, that the signing of this Written Consent shall constitute confirmation, ratification, adoption, and approval of the agtions stated aboye herein adopted, and waiver of notice of the meeting by th?
Directors of the Association.
Dated: Effective usps 9 2021.
O $40048-v1; 8.12.2021; File 264990 7 Written Consent of initial Directors; 8/2021; 540048-v1 Page 4 0f4 D221239609 Page 25 of 66 FOR WOODLAND SPRINGS This Declaration of Covenants, Conditions, and Restrictions Records of Tarrant County, Texas, by HAWKINS FAMILY JOINT effective October 27, 1997, with an Assumed Name Certificate file September 9, 2005 (“Declarant”).
RECITALS Declarant is the owner of certain real property in Tarran described in the deed to Declarant dated Mar Number D219056066, Official Public Records, Ta in two phases as a residential subdivision to be reservations contained in this Qé t (id against Phase 1 of the Subdivision in order to improvement, and to ensure the preservation of such uniform plan for the benefit @ & pigsent and future Owners of Lots (as defined herein) in the Subdivision.
Mients, covenants, conditions, stipulations, reservations, assessments, and he land and title or interest therein, or any part thereol, and will inure to the ARTICLE } DEFINITIONS Section 1.01, “Assessment” means a regular Assessment or special Assessment, or other amount an Owncr is required to pay to the Association (including any fines levied against an Owner) under this Declaration or other Governing Documents described herein.
r special Assessment, or other amount an Owncr is required to pay to the Association (including any fines levied against an Owner) under this Declaration or other Governing Documents described herein.
Section 1.02. “Association” refers to WOODLAND SPRINGS HOMEOWNERS ASSOCIATION, INC., a Texas nonprofit corporation (Texas Secretary of State File Number 0803935003, dated and eftective February 8, 2021), and its successors and assigns, whose membership consists of Owners, and which is designated as the representative of Owners in the Subdivision and manages and regulates the Subdivision for the benefit of the Owners.
1 SOL 148-v4; 8/13/21 D221239609 Page 26 of 66 Section 1.03. “Architectural Control Committee” or “ACC” will mean a committee appointed by t Board of Directors to approve or disapprove improvements to be constructed on a Lot pursuant to Declaration and duly adopted Design Standards.
Section 1.04, “Board of Directors” or “Board” refers to the governing body of the Assq Member of which is a “Director”.
each Section 1.05, “Bylaws” will mean the duly adopted Bylaws of the Associatio amended from time to time. The current Bylaws are dated the same dg filed of record either as an attachment to this Declaration or as a sep4 with this Declaration, and are fully incorporated herein.
Section 1.06. “Collection Agent” means a debt collector, as ed by Scction 803 of the Federal Fair Debt Collection Practices Act (15 U.S.C. Section ]1692a).
herein, The Common Property coveredby t 1X and 12X, Block 1; Lot 25X, Blogt aration to annex the property of Phase 2 of the covered by this Declaration, Section 1.10 “Covenants” mean the covenants, conditions, and restrictions contained in this Declaration.
1; Lot 25X, Blogt aration to annex the property of Phase 2 of the covered by this Declaration, Section 1.10 “Covenants” mean the covenants, conditions, and restrictions contained in this Declaration.
Section 1.11. “Declarant” means HAWKINS FAMILY JOINT VENTURE, a Texas joint venture based in Fort Worth, Tarrant County, Texas, and any successor that acquires all then unimproved Lots and/or then unplatted property within the Subdivision owned by Declarant for the purpose of development and is named as successor Declarant in a recorded document.
Section 1.12. “Declarant Control Period” means the period during which Declarant reserves the right to facilitate the development, construction, and marketing of the Subdivision, and a right to direct the size, shape, and composition of the Subdivision. The Declarant Control Period will terminate 15 days afler the first of the following events occurs: (i) the expiration of twenty (20) years after the date of the 2 $01148-v4; 8/13/21 D221239609 Page 27 of 66 recording of this Declaration; (ii) the date upon which all of the Lots intended by Declarant to be a part of the Subdivision have been conveyed by Declarant to Owners other than Declarant; or (iii) the surrender by Declarant of the authority to appoint and remove Directors and officers by an express amendment to this Declaration executed and recorded by Declarant.
Section 1.13. “Declaration” refers to this Declaration of Covenants, Conditions, and Restrictio: Subdivision known as Woodland Springs, including both Phase 1 as platted in July 2021 ang Phase 2 as platted in the future, and any duly passed and recorded amendments or extensigy Section 1.14. “Governing Documents” means each governing instrument covepfig-the SgfabliXument.
July 2021 ang Phase 2 as platted in the future, and any duly passed and recorded amendments or extensigy Section 1.14. “Governing Documents” means each governing instrument covepfig-the SgfabliXument.
maintenance, and operation of the Subdivision. The term includes the Deglasatio Design Standards, Rules and Regulations, Open Records and Records Payment Schedule, the existing recorded Plat for Phase 1, the future Jawful amendments. Govermmg Documents wil! have no effect until of Tarrant County, Texas.
4 for Phase 2, and all ficial Public Records Section 1.15. “Lot” refers to each tract of land designated gs-a tuture Plat of Phase 2 after that Plat for Phase 2 is flef, excluding lots that are part of the Common Propehtyy Section 1.16. “Managing Agent” means the er~ representative as it appears on the Management Certificate. © n& the instrument required to be recorded pursuant to Section 1.17. “Management es e al Rropsery Owners Protection Act.
},Owner who holds membership in the Association by virtue of its sthe Declarant or other holder of record, whether one or more persons or any Lot that is part of the Subdivision.
boundaries of such Lots.
Section 1.21, “Perimeter Wall Landscaping” means any grass, trees, shrubbery, groundcover, or other plantings, and any sprinkler system or systems that are installed by Declarant and/or the Association between the Perimeter Wall and the edge of the pavement of the adjacent roads.
Section 1.22. “Plat” means the Plat for Phase 1 of the Subdivision filed on July 30, 2021, as Instrument Number D221219976, Official Public Records, Tarrant County, Texas, and any replat of or amendment to that Plat made in accordance with this Declaration. The term “Plat” also includes the Plat for Phase 2 of
D221219976, Official Public Records, Tarrant County, Texas, and any replat of or amendment to that Plat made in accordance with this Declaration. The term “Plat” also includes the Plat for Phase 2 of the Subdivision after it is filed for record in the Official Public Records of Tarrant County, Texas.
a 501 148-v4; 8/13/21 D221239609 Section 1.23. “Property” means that certain real property in Tarrant County, Texas, being known as: Lots 1 — 11. £3 — 29, and Lots 1X (Private Open Spacc) & 12X (Private Open Space & Sanitary Sewer Easement), Block 1; Lots 1 — 33, Block 2; Lots 1 — 15, Block 3; Lots 1 — 8, Block 4, Lots 1 — 11, and Lot 25X (Private Open Space), Block 6; and Lots 1 — 4, and Lot 1X (Private Open Space & Drainage Easement), and (Private Open Space), Block 7 of HULEN TRACT (referred to by Declarant as * 1221219976 of the Official Public Records, Tarrant & property annexed into the Property covered b certificate of occupancy has been issued by the the occupancy of such Residence and until the Lot es” mean the Rules and Regulations of the Association time to time.
Section 1.29. “Transfer Fee” means a fec or charge payable for a change of ownership entered in the records of the Association.
ARTICLE 2 IMPOSITION OF COVENANTS Section 2.01. Imposition by Declarant. Declarant imposes the Covenants on the Subdivision. All Owners and other occupants of the Lots by their acceptance of their deeds, leases, or occupancy of any Lot agree that the Subdivision is subject to the Covenants.
501 148-v4, 8/13/21 Page 28 of 66 D221239609 Section 2.02. Purpose of Covenants. he Covenants are nevessary and desirable to establish a uniform plan for the development and use of the Subdivision for the benefit of all Owners. The Covenants rnn
Section 2.02. Purpose of Covenants. he Covenants are nevessary and desirable to establish a uniform plan for the development and use of the Subdivision for the benefit of all Owners. The Covenants rnn with the land and bind all Owners, occupants, and any other person holding an interest in a Lot.
Section 2.03. Compliance by Owners.
Governing Documents and agrees that failure to comply may subject him to a fine, an action ford due to the Association, damages, or injunctive relief.
Property arc part of this Declaration and are incorporated by reference Section 3.02, Easements.
(a) Declarant hereby expressly reserves to the Declax right to create perpetual easements in, on, over, by Declarant for any purpose that De example, and not limitation, the following: uccessors and assigns, the (i) the crection, installati fi and maintenance of wires, lines, conduits, and poles; kod ¢ Y proper attachments in connection with (ii) the erechgn (iv) the planting or re-planting of hedges, shrubbery, bushes, trees. flowers, and plants of any nature.
(b) An easement is hereby granted to afl police, fire protection, ambulance, and other emergency vehicles and other service vehicles to enter upon any Common Property including, but not limited to, any private streets that may exist (although there are no such private streets in the initial construction of the Common Property), in the performance of their duties and further, an easement is hereby granted to the Association, its officers, agents, employees, and management personnel to enter the Common Property to render any service.
501 148-v4; 8/13/21 Each Owner and occupant of a Lot agrecs to comply with ARTICLE 3 PLAT AND EASEMENTS Section 3.01. Incorporation of Plat and Easements. The Plat and easer wd d affecting the Page 29 of 66
8-v4; 8/13/21 Each Owner and occupant of a Lot agrecs to comply with ARTICLE 3 PLAT AND EASEMENTS Section 3.01. Incorporation of Plat and Easements. The Plat and easer wd d affecting the Page 29 of 66 D221239609 Page 30 of 66 (c) In the event that audio and video communication services and utilities are made available to any of said Lots by means of an underground cable system, the company furnishing such services and facilities will have a two foot (2') wide easement along and centered on the underground wire or cable when and as installed by said company from the utility easement nearest to the point of connection on the permanent improvement, Residence, or Structure constructed, or to be constructed upon said Lot, and in a direct line from said nearest utility easement to said point of connection.
do not own any utility facilities located in an easement Section 3.04, No Interference with Intended Use. No Owner has any by the Declarant or conveyed by Declarant to the Association in a interferes with the intended use for such easement.
Section 3.05. No Liability for Damage. Neither Declarant no easement Holder is liable for damage to landscaping or a Structure located in an casement.
Section 3.06. Installment of Facilities. Declarar connect facilities in the casements.
holder may install, maintain, and Section 3.07. No Prohibited Action Permitted or imposed by this Declaration will bacpnst f applicable zoning laws, or by the Jéyp, culds any conflict between such la created or imposed by this Ded ations and the covenunts, restrictions, and easements estrictive provision will govern and control.
ARTICLE 4 RUCTION, AND MAINTENANCE ain on any Lot other than one dwelling unit per each Lot to be used for Single Family
unts, restrictions, and easements estrictive provision will govern and control.
ARTICLE 4 RUCTION, AND MAINTENANCE ain on any Lot other than one dwelling unit per each Lot to be used for Single Family es. All Residences, Structures, and other improvements erected, altered, or placed on a shack, garage, barn, or outbuilding will be used on a Lot at any time as a Residence, either temporarily or permanently. No duplexes or other attached housing for more than one dwelling unit will be crected on any Lot. No part of the Subdivision will ever be used or caused to be used or allowed or authorized in any way, directly or indirectly, for any business, commercial, manufacturing. mercantile, storing, vending, or other non-residential purposes. This restriction does not prohibit an Owner from using a Residence for personal business, or professional purposes, provided that: (2) such use 1s incidental to the Residence’s residential use; (it) such use conforms to all applicable laws and ordinances; (iii) there is no extemal evidence of such use, including, without Limitation, external signage, excessive number of cars parked outside of the Residence, or the emission of odors; (iv) there is no interference with any other Owner’s use and enjoyment of its Lot; and (v) such use docs not entail excessive deliveries to, or pickups 501 148-v4; 8/13/21 D221239609 Page 31 of 66 from the Residence by the public, employees, suppliers, or clients, such activity to be monitored by the Board and may be determined to be in violation of this Declaration in the sole discretion of the Board.
Temporary structures and model homes may be used as building offices and other related purposes Jay Declarant or a Contractor that is currently constructing homes for resale within the Subdivision.
d.
Temporary structures and model homes may be used as building offices and other related purposes Jay Declarant or a Contractor that is currently constructing homes for resale within the Subdivision.
Contractor will be allowed to maintain an office or model home for the purpose of the sale of unless said Contractor is conducting an active sales program within the Subdivision and se purpose of sales in other subdivisions outside of the Subdivision.
All Residences and Structures must be aesthetically compatible with the Subdivisiga the ACC.
Residence thereon; provided, however, that such combined provided further, that the Owner of the Residence on such Assessments based upon the number of Lots combined in Section 4.04, Erosion Control. No activity tha undertaken on any Lot without the prior written-a siltation, Such means may inclyfé controlling the run-off and draj appreval by the ACC of plans and specifications for the landscaping to or alteration. A written plan of landscaping must be submitted to the ACC ACC) w sed. Ground cover composed of living material such as ivy or asiatic jasmine may be allowed if approved by the ACC.
No “desert style” landscaping, rock covered yards, or other stone yard cover will be allowed.
Owner of a Residence must plant at least one (1) three-inch (3") caliper or better tree in the front yard.
On any street-facing side yards the Owner of such Lot must also plant at least three (3) three-inch (3") caliper trees in the side yard.
Landscaping will be completed in accordance with approved plans not later than sixty (60) days after: (1) final inspection by the City of Fort Worth, Texas, building inspector; or (ii) occupancy of a Residence, whichever is earlier. In the case of existing homes, proposed changes and additions in landscaping must
spection by the City of Fort Worth, Texas, building inspector; or (ii) occupancy of a Residence, whichever is earlier. In the case of existing homes, proposed changes and additions in landscaping must 7 501148-v4; 8/13/21 D221239609 Page 32 of 66 be submitted for approval by the ACC in the same detail as new construction. Once the plans have been approved by the ACC, a time frame for completion of the approved changes will be agrced upon between the ACC and the homeowner.
Section 4.06. Temporary Buildings. No temporary building, trailer, garage, or building ung construction will be used, temporarily or permanently, as a residence on any Lot cxcept as te sleeping or living quarlers required or desirable for security purposes in accordance wi specifications therefor approved by the ACC. Temporary structures and model homes mg building offices pursuant to the provisions of Section 4.02.
Section 4.07. Outbuildings. No metal storage outbuildings will be erected, placg any Lot in the Subdivision. No treehouse or children's playhouse will #e pe Subdivision without prior written approval of the ACC. Outbuildingg permancnt, other than the Residence or garage will be limited to ei subject to approval by the ACC. Any other type of pemnitted outbui overall character and aesthcties of the Residence located on t 4 of, but not limited to, all outbuildings, play structures, shad@structures, or pool buildings. Any outbuilding will be required to be constructed with matcrig design that is determined by the A and recreational equipment will lurcey temporary or height and will be ¢ in keeping with the be placed at the rear of a Lot. No outbuildin easements; be located nearer than five feet (5") to a i line of the Lot; or forward of the front
cey temporary or height and will be ¢ in keeping with the be placed at the rear of a Lot. No outbuildin easements; be located nearer than five feet (5") to a i line of the Lot; or forward of the front building line. The ACC is hereby authorized to detery atConstitutes a violation of this restriction, within the Subdivision, and such 1 fill not be employed as elements in the construction of Residences or Structures ¢ Residences within the Subdivision except by express written consent of the ACC.
CAUTION: OWNERS SE BIAIN ACC APPROVAL BEFORE SHOPPING FOR dltered, or maintained on any Lot, or on any portion of a Residence or Structure the cxterior thereof, except: (1) such signs as may be required by legal proceedings; (ii) not more than one "For Sale" sign, such sign having a maximum face area of four square feet, provided that such sign may only be displayed in the front yard of a Lot; and, provided, further, that tf, at the time of any desired use of such sign, the Association is making "For Sale" signs available for the use of Owners, the signs made available by the Association must be used; ii) directional signs for vchicular or pedestrian safety in accordance with plans and specifications approved by the ACC; §01148-v4; 8/13/21 D221239609 Page 33 of 66 (iv) any sign required by any governmental authority having appropriate jurisdiction; and (v) temporary signs (i.¢. garage sales, lawn sales, etc.). not to exceed two (2) such temporary signs per Lot at a time and each sign not exceeding a maximum face area of four square feet. Allowed temporary signs may be put up no sooner than 24 hours in advance of a sale and the signs must be removed promptly afte a sale has ended.
(b) In no event during approved construction of any Residence or StructureawilNog
y be put up no sooner than 24 hours in advance of a sale and the signs must be removed promptly afte a sale has ended.
(b) In no event during approved construction of any Residence or StructureawilNog than one job identification sign be approved by the ACC. (©) (c) All "for rent" or “for lease" signs are prohibited.
(d) No sign may be placed on the Common Property or entrange Jareas to the Subdivision without written approval of the ACC.
ers may display on the Owner's Lot election on or after the ninetieth (10) days after that election date.
gr ballot item per Lot is allowed.
Notwithstanding any language in this Section to the contrary, one or more signs advertising a political candidate or ballorite (90th) day before the date of the election to which jhe sig Signs will be ground-mounted and only one sign es c Any sign is prohibited if it (i) contains roofing pra any other similar building, landscaping,,or no to plant material, a traffic control gt object; (iii) includes the painting of a rative components; (ii) is attached in any way Alcr, a vehicle, or any other existing Structure or display that would be offensive streamers; or is otherwise di violation of this Section.
person; (viii) 1s accompanied by music, other sounds, or btorists. The Association may remove a sign displayed in Section 4.10. Setbacks. rea setbacks will be within the building lines indicated on the Plat and as specified in the érth Zoning Ordinance (hereinafter referred to as "Zoning Ordinance").
In no evept wi sks be Jess than those required by the Zoning Ordinance unless a variance is granted &y the & iatefovernmental authority and approved by the ACC. In approving plans and specificatidys far aay proposed Residence or Structure, the ACC may require more restrictive setbacks
nce is granted &y the & iatefovernmental authority and approved by the ACC. In approving plans and specificatidys far aay proposed Residence or Structure, the ACC may require more restrictive setbacks than the minitguny specified in the Zoning Ordinance for the location of such Residence or Structure. All suc il} be established such that they do not violate the provisions of applicable ordinances, laws, res tions, or the provisions of the Plat. No Residence or Structure will be erected or placed on any Lofuniless its location is consistent with such setbacks.
Section 4.11. Retaining Walls and Fences. Around the back yard, each Lot will have a wood fence six feet (6°) above gradc in height with metal posts.
No fence or wall of any kind will be erected, maintained, or altered on any Lot without the prior written approval of the ACC of plans and specifications tor such fences and walls. No fence or wall will be constructed in violation of any applicable ordinances, laws, rules, regulations, or the provisions of the Plat.
Section 4.12. Roads and Driveway. No road or driveway will be constructed and no portion of a road or driveway altered on any Lot without the prior written approval of the ACC of plans and specitications for 9 SOL 148-v4; 8/13/21 D221239609 Page 34 of 66 such roads and driveways. Guidelines relating to the design and location of roads and driveways may be included in the Design Standards of the ACC. No road or driveway will be constructed in violation of any applicable ordinances, laws, rules, regulations, or the provisions of the Plat.
Section 4.13. Antennae, Etc. All antennae, satellite dishes, or electronic devices of any type placed\p any Residence, Structure, or Lot will be in a location not visible from the street, unless such plate
on 4.13. Antennae, Etc. All antennae, satellite dishes, or electronic devices of any type placed\p any Residence, Structure, or Lot will be in a location not visible from the street, unless such plate would not allow reception of an acceptable quality signal or would unreasonably delay or j cost of installation, maintenance, or use.
Section 4.14. Clotheslines, Propane Tanks, Garbage Cans, Etc. All clotheslja equipment, garbage cans, and woodpiles will be kept screened by adequate plant conceal them from view by neighboring residences and streets, and may a Lot only.
Section 4.15. Maintenance. The Owner of each Lot will maintain th and plantings thereon, and the adjacent street right-of-way maintenance will include regular mowing, edging of turf are® control, and watering of the turf and landscape areas on each s, sod, trees, hedges, active condition. Such street, there will be no decorative appurtenan fountains, or other decorative embellishments unles by the ACC. In the event ar. Owner of a Lot fajls tHe Lot as required by this Declaration, the g as required by law (provided at the end of such time such action has not alread cba fh Owner), (i) to mow or edge the grass thereon; of the Board, by reason of its la@g or the manner in which it has been pennitted ta grow, ts detrimental to the enjoyment operty or is unattractive in appearance; (iv) to repair or stain/paint any fence thereon tKg pair or not in harmony, with respect to color, with fencing on adjacent property; and {(v) fe to place such property j The person who is the O alYfactive condition consistent with the intention of this Declaration.
h property at the time such work is performed by the Association will
d {(v) fe to place such property j The person who is the O alYfactive condition consistent with the intention of this Declaration.
h property at the time such work is performed by the Association will #sc the Association for the cost of such work incurred by the Association o pre-litigation attorney’s fees and attorney's fees and costs to enforce the Ymercial and Recreational Vehicles and Trailers. No commercial vehicle, commercial “trailer, mobile home, recreational vehicle, camper, truck with camper top, boat, boat trailer, self-propelled or towable equipment, or machinery of any sort, or any item deemed offensive by Declarant, ACC, or Association will be permitted on any Lot on a permanent basis. Nor will any such cquipment be allowed on any street right-of-way without movement for a period of twenty-four (24) hours or more during a period of seven (7) consecutive days. No junk vehicles in disrepair or neglect will be stored, repaired, or displayed on any Lot, street, or otherwise in the Subdivision. Notwithstanding the foregoing, any such vehicles or equipment may be stored on a Lot, provided such vehicle or equipment is kept in an enclosed space and is concealed from view by neighboring residences and streets. During the construction of improvements on a Lot, necessary construction vehicles, trailers, equipment, and machinery may be parked thereon for and during the time of construction of the Residence or Structure.
This restriction will not apply to automobiles or small passenger trucks in good repair and attractive condition, provided that any such vehicles are parked on an improved driveway that has been approved by 10 501 148-v4; 8/13/21 D221239609 Page 35 of 66
l passenger trucks in good repair and attractive condition, provided that any such vehicles are parked on an improved driveway that has been approved by 10 501 148-v4; 8/13/21 D221239609 Page 35 of 66 the ACC, No vehicle will ever be permitted to be parked on the front or side Jawn within view of the public.
The ACC and Board reserve the right to restrict street right-of-way parking on specific streets within t Subdivision when street parking could detract from the architectural harmony of an area or ca!
restricted street access to normal traffic flow or emergency vehicles.
Section 4.17. Reercational Equipment. Recreational and playground equipment will installed only upon the rear of a Lot as approved by the ACC. Basketball goals may be plgtt the driveway if the backboards are installed behind the front building line and are consi plexiglass as approved by the ACC. No above ground pools will be allowed.
age, or national origin. Anything in this Declaration to the caqntrary nog tun with the land and will remain in effect without any limitahonNg time.
Section 4.19. Animals, No agricultural animals may be St and no animals, including birds, insects, reptiles, sheep, goats, horses, cattle, poult gals {the determination as to what is a dangcrous animal will be in the sole discretion o Board), or livestock of any kind will ever be kept in the Subdivision except that dogs, caf’ gommon household pets (not to exceed a pf any Residence, provided they are not kept kept in a household must be contined to its leash, or within the residence. No animal will be Otand must be controlled by a leash or trained to walk licensing laws in effect in the City of Fort Worth and for any commercial purpose. Any amy wall Owner's Lot either by constraints of
imal will be Otand must be controlled by a leash or trained to walk licensing laws in effect in the City of Fort Worth and for any commercial purpose. Any amy wall Owner's Lot either by constraints of vals at his expense, and prior to such removal all such prohibited matter will fuse containers with tight fitting lids in an area adequately screened by planting or to persons making such pick-up. Except during approved construction and as approved by the appropriate governmental authority, no person will burn rubbish, garbage, or any other form of solid waste on any Lot or on Common Property. Except for building materials employed during the course of construction of any Residence or Structure approved by the ACC, no lumber, metals, bulk materials, or solid waste of any kind will be kept, stored, or allowed to accumulate on any Lot unless screened or otherwise handled in a manner set forth in the Design Standards. Reasonable amounts of construction materials and equipment may be stored upon a Lot for reasonable periods of time during the construction of improvements thereon.
Section 4.21. Reasonable Enjoyment. No nuisance will ever be erected, placed, or suffered to remain upon any Lot in the Subdivision and no Owner of. or resident of, any Lot in the Subdivision will use the same so as to cndanger the health or disturb the reasonable enjoyment of any other Owner or resident. No 11 501 148-4; 8/13/21 D221239609 noxious or offensive activity will be carried on upon any Lot, nor will anything be done thereon that may be or may become an annoyance or nuisance to the community. The Association's Board is hereby authorized to dctcrmine what constitules a violation of this restriction.
nything be done thereon that may be or may become an annoyance or nuisance to the community. The Association's Board is hereby authorized to dctcrmine what constitules a violation of this restriction.
Section 4.22. Chimney Stacks. Chimney stacks on the front of Residences may not be cantilevered hang im the air. They must sit on foundations and must be veneered with brick, stone, cedar.
approved siding material as applicable to each individual Residence.
Secuion 4,23. Exterior Surfaces. All Residences will be constructed of at least 80% exterior walls unless otherwise approved by the ACC. Recommended siding materta brick mortar will be in subdued colors and samples must be stlbmitted f will be accepted in special circumstances, as will be the painting of br a Residence or that face a side street, if on a corner Lot, will be ck masonry material as the rest of the Residence.
§ that face the front of faces with the same Stucco is a specialized house finish. Stucco Residences wi only after the ACC agrees in writing that stucco fits the The Contractor may only use siucco as outline thd approval, if granted.
Section 4.24. Roofing. Roofing material an specified in the plans submitted to the ACC for approval. All roof stacks and flag pamt¢d to blend with the roof color.
e 6 to 12, unless approved by the ACC. Certain architectural styles, e.g. Georg case by case basis by the ACC KnuIK ref pitch on rear elevations and certain front to back elevation will be 6 to 12, unless a differe m roof pitch is approved by the ACC.
roof be 2d-Sy customary composition shingles, and/or provide solar generation capabilities; provided, however, when installed, they must resemble the shingles used or otherwise authorized for use on Lots in
e 2d-Sy customary composition shingles, and/or provide solar generation capabilities; provided, however, when installed, they must resemble the shingles used or otherwise authorized for use on Lots in the Subdivision, and match the aesthetics of the Subdivision.
Section 4.25. Driveways. Driveways will be constructed with concrete or other hard surface matcrial such as paving stones or brick that is compatible with the overall landscape flatwork scheme and as approved by the ACC, Existing trees, topography, and landscape planning should be taken into consideration and where possible driveways should curve, Front yard circular driveways and off-street parking arcas may be approved at the discretion of the ACC, Section 4.26. Pool and Spa Equipment. Plans for proposed swimming pools, hot tubs, surrounding decks, fencing, and screening must be submitted for approval before any cleaning, grading, or 12 SOL 148-v4; 8/13/21 Page 36 of 66 D221239609 Page 37 of 66 construction is commenced. All swimming pools and hot tubs must be fenced in accordance with the applicable City of Fort Worth Ordinance. No above-ground pools will be approved.
Section 4.27. Commercial Use. No activity, whether for profit or not, that is not related to Single Fa: residential purposes, will be carried on any Lot, except on those Lots that may be designated by the A’ for use as sales offices, construction offices, and storage facilities for a period of time commensu home construction and sales within the Subdivision, and as provided in Section 4.02.
connection with the promotion and marketing of land within the boundaq e Subdivision. Without limiting the generality of the foregoing, Declarant may erect and j h signs, temporary
ed in Section 4.02.
connection with the promotion and marketing of land within the boundaq e Subdivision. Without limiting the generality of the foregoing, Declarant may erect and j h signs, temporary buildings, mode! homes, and other structures as Declarant mgxreasonab ecessary or proper for the promotion, devclopment, and marketing of land during th ant Control Period.
Section 4.30. Contractor Rights. The ACC will have tb Subdivision the night to erect and maintain such Gs m reasonably deem necessary or proper in connect¢ marketing of Lots and Residences located withi w an approved Contractor in the and other structures as the ACC may actor's promotion, development, and afi. The approvals granted by the ACC, as the opinion of an ACC the Contractor does emergency, or when other unusual circumstances exist as work or noisy interior construction work will be permitted ated on a Lot; (ii) are not within or part of any Residence or Structure; @ governmental entity, a public utility company, or the Association. will be vOnduits or other underground facilities. Lighting fixtures may be installed ed in writing by the ACC.
findow Coolers. No window or wall type air conditioners or water coolers will be permitted eAised, erected, placed, or maintained on or in any Residence or Structure on any part of the Section 4.34. Minimum Home Size. No Residence will be located on any Lot unless it will meet or exceed the minimum square feet (heated living area) requirement established by any applicable zoning ordinance or in no event will the minimum square feet be less than 1,400. The minimum floor space requirement may be reduced by ten percent (10%) on any Lot if approved in writing by the ACC.
e zoning ordinance or in no event will the minimum square feet be less than 1,400. The minimum floor space requirement may be reduced by ten percent (10%) on any Lot if approved in writing by the ACC.
Section 4.35. Garages. Each Residence must have at least a two-car garage accessed by a driveway. The garage may be a separate Structure. All garage doors that are visible from a street must be kept closed at all times exccpt for allowing for ingress and egress. No carports visible from the street will be permitted on any Lot.
13 $01 148-w4; 8/13/21 D221239609 Page 38 of 66 Section 4.36. Flags and Flagpoles. Subject to this Section, and approval by the ACC, Owners may display a flag of the United States of America, the flag of the State of Texas, or an official or replica flag of any branch of the United Statcs armed forces. The flag of the United States will only be displayed j accordance with 4 U.S.C. Sections 5-10, which qualify the times and occasions for the flag’s display, position of the flag, and respect for the flag. The flag of the State of Texas will only be displaye part, and any successor statutes. A flagpole attached to a dwelling or a freestanding y constructed of permanent, long-lasting materials, with a finish appropriate to the materia construction of the flagpole and harmonious with the dwelling on the Lot. The display location and construction of the supporting flagpole will comply with appropriate ¢ and sctbacks of record, and a displayed flag and flagpole on which it is fl positioned in a manner not directed toward an adjacent Lot. displayed on a freestanding flagpole will not be more than ten feet (10”) in height, and a flag display a flagpole attached to a dwelling
fl positioned in a manner not directed toward an adjacent Lot. displayed on a freestanding flagpole will not be more than ten feet (10”) in height, and a flag display a flagpole attached to a dwelling will be no more than three feet (3°) by five feet (5°). No“morNh « of each permitted flag may be motivated by the Owner’s or residghtA, since ous belief. No religious item may individually or in combination exceed twenty-tivg es, and will not extend past the outer edge of the door frame of the Owner’s Rebide displayed in "eS ection.
Section 4 dl Ke Devices. Subject to this Section, and approval by the ACC, within forty-five (45 Broissiop of a plan, Owners may install solar energy devices on the roof of the Residence ory improvement on a Lot, or in a fenced yard or patio not taller than the fence line. As used b §2.010 of the Texas Property Code, “solar energy device” has the meaning assigned by Section of the Tax Code, which defined the term as “a system or series of mechanisms designed primarily to provide heating or cooling or to produce electrical or mechanical power by collecting and transferring solar generated power.” The term includes a mechanical or chemical device that has the ability to store solar-generated energy for use in heating or cooling or in the production of power. A solar energy device is not permitted anywhere on a Lot except on the roof of the Residence or other permitted Structure on the Lot or in a fenced yard or patio within the Lot. A solar energy device may not extend higher than the Residence’s or other permitted improvement’s roofline, and will conform to the slope of the roofline, will have a frame, support bracket, or visible piping that is a silver, bronze, or black tone
the Residence’s or other permitted improvement’s roofline, and will conform to the slope of the roofline, will have a frame, support bracket, or visible piping that is a silver, bronze, or black tone commonly available in the marketplace, and will be located on a roof as designated by the ACC, unless an alternate location increases the estimated annual energy production of the device by morc than ten percent (10%) above the energy production of the device if located in the area designated by the ACC. For determining estimated annual energy production, the parties will use a publicly available modeling tool 14 501148-v4; 8/13/21 D221239609 Page 39 of 66 provided by the National Renewable Energy Laboratory. A solar energy device located in a fenced yard or patio will not be taller than or extend above the fence enclosing the yard or patio. A solar encrgy device will not be installed on a Lot in a manner that voids material warranties. A solar energy device that threatens the public health or safety, violates a law, or is located on the Common Property is prohibited, The ACC may not withhold approval if the guidelines of this Scction are met or exceeded, unless ACC determines in writing that placement of the device as proposed constitutes a conditid annoyance to persons of ordinary sensibilities. The written approval of the proposed plag device by all Owners of property adjoining the Lot in question constitutes prima fact substantial interference does not exist. During the Declarant Control Period, Declay ing of, and the materials used in the Nuirtenance that is located on the side purtenances Section 4.40. Dama Any Residence or Structure that is thin a period approved by the ACC) and the Lot
d, Declay ing of, and the materials used in the Nuirtenance that is located on the side purtenances Section 4.40. Dama Any Residence or Structure that is thin a period approved by the ACC) and the Lot restored to a clean, orderly, and at ny Residence or Structure that is damaged to the extent that repairs are not practiCabhy oqolished and removed within sixty (60) days and the Lot restored to a clean and attracti Section 4.41. Traffic Sig e andscaping that obstructs traffic sight lines may be placed on any Lot.
consideréd of this Declaration or other Dedicatory Instrument.
ARTICLE 5 THE ASSOCIATION Scction 5.01. Establishment and Governance. The Association was established by filing its Certificate of Formation with the Office of the Sccretary of State of Texas on February 8, 2021, as File Number 0803935003, and is governed by the Certificate of Formation, this Declaration, and the Bylaws. The Association has the powers of a nonprofit corporation and property owncrs association under the Texas Business Organizations Code, the Texas Property Code, and the Governing Documents.
Section 5.02. Board of Directors. The atfairs of the Association will be managed by a Board of Directors.
The number of Directors will be as sct forth in the Bylaws of the Association.
Section 5,03, Bylaws. The Association has adopted Bylaws to govern the organization and operation of the Association and the usc and enjoyment of the Lots and Cominon Property; provided that the same are not in conflict with the terms and provisions in this Declaration.
18 501 148-v4; 8/13/21 D221239609 Page 40 of 66 Section 5.04. Rules and Regulations. The Board may adopt Rules and Regulations that do not conflict with law or the other Governing Documents. On request, Owners will be provided a copy of any Rules
6 Section 5.04. Rules and Regulations. The Board may adopt Rules and Regulations that do not conflict with law or the other Governing Documents. On request, Owners will be provided a copy of any Rules and Regulations.
Section 5.05. Membership and Voting. Every Owner is a Member of the Association. Membershi appurtenant to and may not be separated from ownership of a Lot. The Association has two (2 of voting Members during the Declarant Control Period: (a) Class A. The Owner of each Lot, with the exception of the Declarant, wil « Class A Member and will be entitled to one (1) vote per Lot owned.
(b) Class B. The Declarant will be the sole Class B Member remove Directors and officers by an exes an and recorded by Declarant.
Section 5.06. Appointment of Board of Directg Member, the Declarant is entitled to a Srp H Waly dan officers of the Association. Notwithbse Aree Se!
Onveyed to Class A Members: members of the Board so elected hundred twentieth (120") day 4 and made subject to this Declakg ARTICLE 6 D S/AND POWERS OF THE ASSOCIATION general, the power to do anything that may be necessary or desirable to further the St of the members, to maintain, improve and cnhance the Common Property, and to improve and cnhance the attractiveness, desirability, and safety of the Subdivision. The Association, acting through the Board of Directors, the ACC, and any committee established by the Board will have the right and power to enforce the covenants and restrictions contained in this Declaration and all other Governing Documents. The Association will have the authority to act as the agent to cnter into any and all contracts on behalf of the Members in ordcr to carry out the dulics, powers, and obligations of the
ing Documents. The Association will have the authority to act as the agent to cnter into any and all contracts on behalf of the Members in ordcr to carry out the dulics, powers, and obligations of the Association as set forth in this Declaration and other Governing Documents.
Section 6.02. Duty to Manage and Care for the Common Property. The Association will manage, operate.
care for, maintain, and repair all Common Property and keep the same in a safe, attractive, and desirable condition for the use and enjoyment of the Members. The duty to operate, manage, and maintain the Common Property will include, but not be limited to, the management, maintenance, repair, and upkeep of the Subdivision and Common Property, as provided in Section 11.05.
16 501 148-v4; 8/13/21 D221239609 Page 41 of 66 Section 6.03. Power to Levy and Collect Assessments. The Association will levy, collect, and enforce the Assessments as elsewhere provided in this Declaration.
Section 6.04. Power to Acquire Additional Property and Construct Improvements. The Association acquire additional property (including leases) for the common benefit of Owners including improvemery or operated by the Association.
Section 6.06. Power to Borrow Money. The Association may borrow } out the activities of the Association, including the acquisilio structions evements, equipping, and maintenance of Common Property, and in aid thereof to enc by deed of trust, mortgage or other security interest any or all of the Association's property includ mon Property and revenues from Assessments, user fees, and othcr sources; provided, hov<y ng the Declarant Control Period, the Association will not grant or convey to anyo ‘ » dge on or in Common Property constituting real estate Wy a by Declarant.
fees, and othcr sources; provided, hov<y ng the Declarant Control Period, the Association will not grant or convey to anyo ‘ » dge on or in Common Property constituting real estate Wy a by Declarant.
Section 6.07. Power to Grant Easements. ef may grant eascments or rights of way over mental body, agency, or authority, to any quasibehalf of all Lots for garbage < ickup, and to charge the Owner of each Lot for his prorata share of the cost thereof, sy Q cmergency medical ambulance service will be in addition to the Assessments described | in Article 8.
ARTICLE 7 ARCHITECTURAL CONTROL Section 7.01. Architectural Control Committee Creation and Composition.
(a) An Architectural Contro) Committee (the "ACC") will be established consisting of not less than three (3) nor more than five (5) individuals; provided, however, that the ACC will always have an uneven number of members. Notwithstanding anything to the contrary contained herein, Declarant will have the right, but not the obligation, to appoint all members of the ACC, until the plans for all of the Residences on all of the Lots in the 17 $01148-v4; 8/13/21 D221239609 Page 42 of 66 Subdivision have been approved by the ACC. Thereafter, the Board will appoint the members of the ACC. All costs of operating the ACC may, at the discretion of Declarant, be borne by the Association.
(b) ACC members serve until resignation or removal. Any ACC member may resign at any time by giving written notice of such resignation to the Chairman of the ACC and such resignation will take effect on receipt thereof by the Chairman. Any member of th ACC may be removed at any time with or without cause by the Declarant (or Boards the time the Board has the right to appoint members of the ACC).
t on receipt thereof by the Chairman. Any member of th ACC may be removed at any time with or without cause by the Declarant (or Boards the time the Board has the right to appoint members of the ACC).
time to time determine necessary. The members of the ACC will be reimburse d for traveling expenses and other reasonable out-of-pocket costs incurred in the pentefits gir Auties as members of the ACC.
“specify the purpose or purposes lor which the meeting is called.
Sting need not be given to any member of the ACC who signs a waiver of er before or after the meeting. Attendance of a member of the ACC will a waiver of notice of such meeting and will constitute a waiver of any and all s been called or convened, except when the member states, at the beginning of the mecting, any such objection or objections to the transaction of business. At each meeting of the ACC, the presence of a Majority of the members then in office will constitute a quorum for the transaction of business. Except as otherwise provided herein, the act of a Majority of the members of the ACC present at any meeting thereof at which a quorum is present will constitute the act of the ACC. In the absence of a quorum, any member of the ACC present at the time and place of the mecting may adjourn the mecting from time to time until a quorum will be present. At any adjourned meeting at which a quorum is present, any business may be transacted that might have been transacted at the meeting as originally called. The ACC will maintain both a record of votes and minutes for each of its meetings. The ACC will make such records and minutes available at reasonable places and times for inspection by Members of the Association and by the Association's 18 501148-v4; 8/13/21 D221239609
its meetings. The ACC will make such records and minutes available at reasonable places and times for inspection by Members of the Association and by the Association's 18 501148-v4; 8/13/21 D221239609 Secretary. Any action required to be taken at a meeting of the ACC, or any action that may be taken at a meeting of the ACC, may be taken without a meeting if written consent, setting forth the action so taken, will be signed by all the members of the ACC and be filed with the minutes of the proceedings of the ACC. Such consent will have the same force and effect as a unanimous vote, and may be stated as such in any document filed by the ACC.
(b) Section $01148-v4; 8/13/21 Activities, (i) The ACC will adopt and promulgate the Design Standards anschehin) Section 7.05 hereof and will, as required, make findings, determina s and orders with respect to the conformity with said Design Standarfi specifications submitted for approval to the ACC pursya approvals that may include specific requirements or provisions of this Declaration.
ay be authorized by the ACC to exercise the full muciority of the ACC with resp 0 all matters over which the Hompt the ACC, except with o tandards. The unanimous op/any applicant for an approval, respect to the adoption or promulgation ¢f fh action of the two (2) or more me be final and ee Upor the A to the matters specified will p tite ACC as provided in this paragraph.
‘6 any applicant for an approval, permit, or , within ten (10) days after receipt of notice of {By the ACC. Upon the filing of any such request, the which such isin * was fled will be sclpentitea! Ia and SCC” will from time to time adopt, promulgate, amend, revoke, and enforce (the "Design Standards") for the purposes of:
of any such request, the which such isin * was fled will be sclpentitea! Ia and SCC” will from time to time adopt, promulgate, amend, revoke, and enforce (the "Design Standards") for the purposes of: (i) governing the form and content of plans and specifications to be submitted to the ACC for approval pursuant to the provisions of this Declaration; {11) governing the procedure for such submission of plans and specifications; (iii) establishing guidelines with respect to the approval and disapproval of design features, architcctural styles, exterior colors and materials, details of construction, {ocation and size of Residences and Structures and all other matters that require approval by the ACC pursuant to this Declaration; and (iv) assuring the conformity and harmony of external design and general quality of the Subdivision.
19 Page 43 of 66 D221239609 Page 44 of 66 (b) The ACC will cause the Design Standards to be filed of record in the Official Public Records of Tarrant County, Texas, and will make a copy of same readily available to Members and prospective Members of the Association and to all applicants seeking the ACC's approval.
erected, placed, moved onto, or permitted to remain on any Lot, nor will any existing Structure upon any Lot be altered in any way that materially changes the exterior appga Saucefres on and parking spaces, including the number thereof, and all siltation and erosik gasures; (b) a foundation plan; (c) a floor plan; (d) exterior elevations of proposed nesitioe?
Residence or Structures, as such Residence and landscaping are completed; (e) specifications of materi af permanent record with the ACC and a copy of such plans and approval, in writing, will be returned to the applicant submitting the same.
e and landscaping are completed; (e) specifications of materi af permanent record with the ACC and a copy of such plans and approval, in writing, will be returned to the applicant submitting the same.
AG specifications will not be deemed a waiver of the ACC's right, in its e similar plans and specifications or any of the features or elements included adherence to, and compliance with, such plans and specifications, as approved, and any conditions attached to any such approval.
Section 7.08. Disapproval of Plans and Specifications. The ACC will have the right to disapprove any plans and specifications submitted pursuant to this Declaration because of any of the following: (a) the failure to include information in such plans and specifications as may have been reasonably requested; (b) the failure of such plans or specifications to comply with this Declaration or the Design Standards; or au 501 148-v4; 8/13/21 D221239609 Page 45 of 66 (c) any other matter that, in the judgment of the ACC, would be likely to cause the proposed installation, construction, or alteration of a Residence or Structure (i) to fail to be in conformity and harmony of external design and general quality with the standards for the Subdivision as set forth in the Design Standards, or (ii) as to location to be incompatible with topography. finished ground elevation and surrounding Residences and Structures. In any case in which the ACC disapproves any plans and specifications submitted hereunder, or approves the sate only as modified or upon specified condition such disapproval or qualified approval will be accompanied by a statement of the growhd: upon which such action was based. In any such case the ACC will, if requestedaingfake
upon specified condition such disapproval or qualified approval will be accompanied by a statement of the growhd: upon which such action was based. In any such case the ACC will, if requestedaingfake reasonable etforts to assist and advise the applicant in order that an acceptable ps orsal may be prepared and submitted for approval.
Section 7.09, Obligation to Act. The ACC will take action on any plans herein provided within thirty (30) days after receipt thercof. Approva with any conditions = ny the ACC, will be placed in writing Section 7.10. Inspection Rights, Any employee or agent o reasonable notice, at any reasonable times or times, en thereon for the purpose of ascertaining whether t of any Residence or Structure or the use of any Section 7.11. Violations. If an upon any Lot, otherwise tha pursuant to the provisions of deemed to have been undertaké in the opinion of the ACG eture will be erected, placed, maintained, or altered nd With the plans and specifications approved by the ACC uchf erection, placement, maintenance, or alteration will be beet approved and that such Residence or Structure complies with such plans and specifications. A copy of said Certificate will be filed for permanent record with the plans and specifications on file with the ACC.
(b) Any Certificate of Compliance issued in accordance with the provisions of this Section will be prima facie evidence of the facts therein stated; and as to any purchaser or encumbrancer in good faith and for value, or as to any title insurer, such Certificate will be conclusive evidence that the Residence and all Structures on the Lot comply with all the requirements of this Article, provided, however, that the Certificate will im no way be
uch Certificate will be conclusive evidence that the Residence and all Structures on the Lot comply with all the requirements of this Article, provided, however, that the Certificate will im no way be construed to certify the acceptability, sufficiency, or approval by the ACC of the actual construction of the Residence or Structures or of the workmanship, or to represent or warrant to anyone the quality, function, or operation of the Residence or Structures or of 21 501148-v4; 8/13/21 D221239609 Page 46 of 66 any construction, workmanship, engineering, materials, or equipment. The issuance of the Certificate will in no way be construed to certify to any party that the Residence or Structures have been built in accordance with any applicable rule or regulation.
Section 7.13. Fees. The ACC may impose and collect a reasonable and appropriate fee to cover the c of review of plans and of inspections performed pursuant to this Article. The fee will be establi from time to time by the ACC and published in the Design Standards.
age, or national origin. Further, the ACC in the exercise of its powers gra Declaration will not take any action the intent or etfect of which is to discriminate 4 particular race, color, sex, religion, age, or national origin.
Section 7.15. Disclaimer as to ACC Approval. Plans and specificatio mechanical, plumbing, electrical, engineering, or structural design - materials, and by f nor the Association assumes liability or responsibility therefor, nor for any defec ry Residence or Structure constructed from such plans and specifications. Neither Declarant, thc Assoctytion, the ACC, the Board, nor the officers, directors, members, employees, and agents of a y be liable in damages to anyone
onstructed from such plans and specifications. Neither Declarant, thc Assoctytion, the ACC, the Board, nor the officers, directors, members, employees, and agents of a y be liable in damages to anyone submitting plans and specifications to any of the o‘tfny Owner of property affected by these restrictions, by reason of mistake in jud: ‘or nonfeasance arising out of or in conection with the approval or disapproval or_fa specifications. Every person who submits p cations and every Owner on whose behalf plans or specifications are submitted a arses U (| joMbring any action or suit against Declarant, the cAXfid edses, quitclaims, and covenants not to sue for any ty of or in connection with any judgment, negligence, or gAtions or improvements to those Lots where Residences have been constructed and sold and are owned by someone other than the Declarant, its successors or assigns or 4 Contractor. This Committee will be comprised of no less than three (3) members with at least two (2) members required to be members of the Association. The Modifications Committee will be governed by the Board and will generally adhere to all the provisions set forth in this Declaration for the ACC pertaining to approval of plans and specifications.
(c) The Modifications Committee will promulgate detailed standards and procedures governing its area of responsibility and practice. In addition thercto, the following wil) apply: plans and specifications showing the nature, kind, shape, color, size, materials, and location of such modifications, additions, or alterations will be submitted to the Modifications Committee for approval as to quality of workmanship and design and harmony of external design with existing Residences and Structures and as to location in 22 S501 148-v4; 8/13/21
to the Modifications Committee for approval as to quality of workmanship and design and harmony of external design with existing Residences and Structures and as to location in 22 S501 148-v4; 8/13/21 D221239609 Page 47 of 66 relation to surrounding Residences, Structures, topography, and finish grade elevation.
Nothing contained herein will be construed to limit the right of the Owner to remodel the interior of a Residence or Structure or to paint the interior of a Residence or Structure any color desired.
ARTICLE 8 ASSESSMENTS Section 8.01. Authority. The Association may levy Assessments to be used to promote health, safety, and welfare of the rcsidents in the Subdivision, to fund operating E Association, and to improve and maintain the Common Property. Such use ma limited to, security, the acquisition, construction, improvement, maintenance, | the Common Property, maintenance of private driveways or other imprg¢ designated by Declarant to be maintenance obligations of the Ass Section 8.02. Personal Obligation. An Asscssm: Assessment accrues and will survive any sale or that such personal obligation for delinquent Assess unless expressly assumed by such successor.
a gt pass to an Owner's successor in title Section 8.03. Commencement. A Declarant (the “Commencemen to Assessments upon conveyance of the Lot by e that the Commencement Date falls on a day other he lar Assessment for such Fiscal Year will be prorated so proportional to the number of days remaining in the Fiscal Fiscal Year all su carry Tove ag ybalances remaining; nor will the Association be obligated to apply such amount of the regular Assessment in any succeeding Fiscal Year, but may (a) Rate. Regular Assessments are levied by the Board, annually. The initial amount of
he Association be obligated to apply such amount of the regular Assessment in any succeeding Fiscal Year, but may (a) Rate. Regular Assessments are levied by the Board, annually. The initial amount of the regular Assessment is $300.00 per Lot annually (until changed by the Board, or as otherwise provided herein).
(b) Changes to Regular Assessments. The Association, shall have the right at any time, to adjust the regular Assessment from year to ycar as it deems proper to meet the reasonable operating expenses and Reserve Fund requirements of the Association in order for the Association to carry out its duties hereunder.
(c) Collections. Regular Assessments will be collected annually, in advance. The date the regular Assessment is due will be set by the Board. Written notice of the regular 23 $01 148-v4: 8/13/21 D221239609 Assessment will be sent to every Owner at least thirty (30) days before its due date. The Board may establish reasonable payment procedures to allow or require payment of the tegular Assessment in installments during the Fiscal Year.
Section 8.06. Common Property Maintenance Reserve Fund.
(a) If there is Common Property, a Perimeter Wall, or Perimeter Wall Landscaping [th will not be co-mingled with any other Association fund. The J collected as part of the regular Assessment, subject to the liry Section.
(b) If the Association desires, it may maintain a effect for the specific purpose of any required repair, maintenance gr Nconstruction of any Common Property, Perimeter Wall, and Perimeter Wall Lapd x The premiums for such insurance policy will be paid directly from the fi by the Association. Maintaining such Association from its obligation to mairit Property, the Perimeter Wall, and the Pex provided.
n the regular Assessment
nce policy will be paid directly from the fi by the Association. Maintaining such Association from its obligation to mairit Property, the Perimeter Wall, and the Pex provided.
n the regular Assessment purpose of paying, in whole d reconstruction, repair, or repl drives designated by Dec om dt requiring funds exceeding those available from the regular Assessments. Written ot he terms of the special Assessments will be sent to every Owner.
Special Assessmep b ppfoved by a majority of the Members by vote in person or by proxy at a meeting i with the provision of this Declaration and the Bylaws of the Association.
Notwith ofng, if an emergency exists such that that Board determines that the repair of a cap bon the Common Property is necessary to eliminate or reduce the risk of injury to capital imhy ent to reduce or eliminate this risk, the Board may levy a special Assessment in an amount ént to repair the capital improvement to reduce or eliminate such risk without the affirmative vote of a majority of the Members. The Board will also establish payment procedures for payment of any special Assessments, which may be levied in accordance with this Section.
Section 8.08. Specific Assessments. The Board will have the power to specifically assess any Owner pursuant to this Section as it, in its discretion, deems appropriate. Failure of the Board to cxercise its authority under this Section will not be grounds for any action against the Association or the Board and will not constitute a waiver of the Board's right to exercise its authority under this Section in the future with respect to any expenses, including an expense for which the Board has not previously exercised its authority under this Section. The Board may specifically assess Owners for the following expenses,
th respect to any expenses, including an expense for which the Board has not previously exercised its authority under this Section. The Board may specifically assess Owners for the following expenses, except for expenses incurred for maintenance and repair of items that are the maintenance responsibility of the Association as provided herein: 24 501148-v4,; 8/13/21 Page 48 of 66 D221239609 Page 49 of 66 (a) cxpenses of the Association that benefit less than all of the Lots that may be specifically assessed equitably among all of the Lots that are benefitted according to the benefit reccived; (b) expenses incurred by the Association pursuant to Section 4.16 hereof; and (c) reasonable fines as may be imposed in accordance with the terms of this Declay and the Bylaws.
Section 8.09. Fines. The Board may levy a fine agaist an Owner for a viola e Gorerning Documents as permitted by law.
Section 8.10. Transfer Fees. A transfer fee may be charged by th ownership, tenaticy, or occupancy on the records of the Association.
delinquent.
Section 8.12. Late Charges and Interest. A late ¢ Assessments accrue interest at the lower of (i) the e/Board may from time to time establish, sr to establish a rate of interest in violation of f contraly se feel rovided, however, during said Declarant Control Period. Declarant AASsocéatjon sufficient to satisfy the deficit, if any, between the actual operating iON specifically not including an allocation for the Reserve Fund), and the i specific Assessments collected by the Association in any Fiscal Year, and ehced by promissory notes from the Association to Declarant.
would owe pursuant to this Declaration as a Class A Member.
ARTICLE 9 COLLECTION OF ASSESSMENTS
by the Association in any Fiscal Year, and ehced by promissory notes from the Association to Declarant.
would owe pursuant to this Declaration as a Class A Member.
ARTICLE 9 COLLECTION OF ASSESSMENTS Section 9.01. Creation of Lien. In order to secure the payment of the Assessments, cach Owner of a Lot in the Subdivision, by such party’s acceptance of a deed thereto, hereby grants to the Association a contracmal lien on such Lot, which may be foreclosed judicially or by Expedited Foreclosure Proceedings, pursuant to the provisions of Section 209.0092 of the Texas Residential Property Owners Protection Act and Texas Rules of Civil Procedure 735 and 736 (and any successor statutes and rules); and each such Owner hereby expressly grants the Association a power of sale in connection therewith.
Expedited Foreclosure Proceedings are not required under this Section if the Owner of the Lot to be 25 $01 148-v4; 8/13/21 D221239609 Page 50 of 66 foreclosed agrees in writing to waive said Expedited Foreclosure Proceedings at the time the foreclosure is sought. A waiver under this Section may not be required as a condition of the transfer of title to a Lot.
Section 9.02. Subordination of Lien. The lien herein granted and reserved to the Association has priority over any other lien except: (a) a lien for real property taxes and other governmental asscssinents or charges against 4 Lot; (b) a lien or encumbrance recorded before this Declaration is recorded: Assessment sought to be enforced becomes delinquent under Governing Documents; and (d) a lien for construction of improvements to a Lot or an the right to insurance proceeds on the Lot if the lien or assignment is retarded uly perfected before the date on which the Assessment sought to b ced becomes delinquent under
rovements to a Lot or an the right to insurance proceeds on the Lot if the lien or assignment is retarded uly perfected before the date on which the Assessment sought to b ced becomes delinquent under this Declaration or other Governing Documents.
Section 9.03. Prerequisites to Foreclosure, non.
the Association will provide written notice, by certffés delinquent amount and the total amount of the pay.
the options the Owner has to avoid the refey thirty (30) days to cure the delinquencybefor Section 9.04. Collection Fees. ,0 amounts recovered, or under 4 action taken by the Collection ¥ ble for costs that are dependent or contingent on does not require the Association to pay all fees for the , 2nd Expenses. If the Association complies with ail applicable Viable to the Association for all costs and reasonable attorney's fees notice requirements, an i cting delinquent Assessments, foreclosing the Association’s lien, and incurred by the Asso Section S06) 4greement between the Association and a Collection Agent may not prohibit an Qwner WWtadting the Association’s Board of Directors or Managing Agent regarding their Section 9.07. Nén-Transterability of Licn, The Association will not sell or transter its intercst in accounts receivable except for the purpose of collateral for a loan.
Section 9.08. Alternative Payment Schedule. Pursuant to Section 209.0062 of the Texas Residential Property Owners Protection Act, the Association hereby adopts the following guidelines with regard to alternative payment schedules for delinquent Assessments and other amounts owed by an Owner: (a) Term. The minimum term for a payment agreement will be (3) three months and the maximum will be (18) eighteen months from the date of the Owner's request for a
and other amounts owed by an Owner: (a) Term. The minimum term for a payment agreement will be (3) three months and the maximum will be (18) eighteen months from the date of the Owner's request for a payment plan. Subject to such minimum and maximum terms, the Association will determine the appropriate term of the payment plan in its sole discretion.
26 501 148-v4; 8/13/21 D221239609 Page 51 of 66 (b) Form. Any and all alternative payment agreements will be in writing and signed by the Owner and a duly authorized member of the Board of the Association.
(c} Additional Monctary Expense. So long as an Owner is not in default under the terms of the payment agreement, the Owner will not incur additional monetary expenses; however, the Owner will be responsible for all interest accruing during the term of the payment plan as well as reasonable costs associated with administering the payment plan or interest.
(d) Application of Payments. If at the time the Association receives a pa Owner is not in default under an altemmative payment agreement, the A collection costs incurred by the Association associated solel other charge that could provide the basis for foreclosure; (tv) 4 immediately be turned over to the Association’s g will not be required to enter into an alte: following the Owner's default under th ative payment agreement. At the discretion of the Association, an Owfher s to honor the terms of a previous Section 209.0092 of the Te ‘ perty Owncrs Protection Act as a condition to an additional alternatj xeeMment. If, at any time the Association reccives 4 payment from an Owfe i wult of an alternative payment agreement, the Association is not req the payment in the order of priority specified by subsection (d), (i) thro this Section 9.08. The Association may reduce or
Owfe i wult of an alternative payment agreement, the Association is not req the payment in the order of priority specified by subsection (d), (i) thro this Section 9.08. The Association may reduce or waive some or alf ofth 's addressed by this policy on an ad hoc basis without waiving the righ’ rdchatye uch fees on future requests.
KesXd Bpoftunity to Cure for Certain Other Lienholders. The Association may not Hed the recipient of the notice an opportunity to cure within sixty-one (61) days from otice.
Section 9.10. Foreclosure Sale Prohibited in Certain Circumstances. The Association may not foreclose its Assessment lien for debts consisting solely of fines or attorney’s fees associated with the fines assessed, or for copy charges under its Open Recards Policy, pursuant to Section 209.005 of the Texas Residential Property Owners Protection Act.
Section 9.11. Assessment Lien Filing. In addition to the right of the Association to enforce the Assessments levied hereunder, the Association may file a claim of lien against the Lot of the delinquent Owner by recording a Notice of Lien setting forth (i) the amount of the claim of delinquency, (ii) the interest thercon, (iii) the costs of collection that have accrued thereon, (iv) the legal description and street address of the Lot against which the lien is claimed and (v) the name of the Owner. The Notice of Licn will be recorded in the Official Public Records of Tarrant County, Texas. is a legal instrument affecting title to a Lot, and will be prepared by the Association’s attorney. When all amounts claimed under the at 501 148-v4; 8/13/21 D221239609 Page 52 of 66 Notice of Lien and all other costs and Assessments that may have accrued subsequent to the filing of the
’s attorney. When all amounts claimed under the at 501 148-v4; 8/13/21 D221239609 Page 52 of 66 Notice of Lien and all other costs and Assessments that may have accrued subsequent to the filing of the Notice of Lien have been fully paid or satisfied, the Association will execute and record a notice of satisfaction of the delinquent Assessment upon payment by the Owner of a reasonable fee as fixed by the Board of Directors to cover the preparation and recordation of such instrument.
Managing Agent. Only Board members or the Association’s Managing Agent or empl Managing Agent may be signatories on the account. On written request from the Owner, the Association seeks reimbursement of fees and costs.
Section 9.13. Notice After Foreclosure Sale. After the Association c Owner’s Lot, the Association must send to the Owner and to each lie thirtieth (30") day after the date of the foreclosure sale, a written notick ovcurred and informing the Lot Owner and cach lienholder of,record record in the real property records of the county i transferee or assignee of a deed of trust who has p transfer. Notice provided by a transferee or assi mailing address of the transferee or assigngé ssaefation will be in writing, will contain the be mailed by certified mail, return receipt deemed to have given approvag (30") day after the date theOfficial Public Records, & of the Lot. Any persoth i: ements of this section also apply to the sale of an Owner’s Lot by a sheriff or ided by a judgment obtained by the Association.
Texas Residential Property Owners Protection Act. A lienholder of record may not redeem the Lot as provided herein before ninety (90) days after the date the Association mails written notice of the sale to
Residential Property Owners Protection Act. A lienholder of record may not redeem the Lot as provided herein before ninety (90) days after the date the Association mails written notice of the sale to the Lot Owner and the lienholder under the Texas Residential Property Owners Protection Act, and only if the Lot Owner has not previously redeemed. A person who purchases a Lot at a sale forcclosing the Association’s Assessment lien may not transfer ownership of the Lot to a person other than a redeeming Lot Owner during the redemption period.
Section 9.15. Removal of Foreclosure Authority. The right io foreclose the lien on real property for unpaid amounts due to the Association may be removed by a vote of at least sixty-seven percent (67%) of the total votes allocated in the Association. Owners holding at least ten percent (10%) of all voting interests may petition the Association and require a special meeting to be called for the purposes of taking a vote for the purposes of this section. This section is required pursuant to Section 209.0093 of 28 501148-v4; 8/13/21 D221239609 Page 53 of 66 the Texas Residential Property Owners Protection Act, and should this provision be amended or repealed in any form, this section will be deemed to be automatically amended or repealed in accordance therewith.
ARTICLE 10 ENFORCEMENT OF RESTRICTIONS Section 10.01. Power to Enforce Restrictions Contained in Association Governin Dd seneralisy of the foregoing g, the Association will lave the power Governing Documents, after notice and hearing as required by law, b otherwise by the Association to the Owner thereof, for the and maintaining actions and suits to restrain ko exclusion of any Owner from use of any recreati pin the Common Property during and is a continuing breach in which case
n to the Owner thereof, for the and maintaining actions and suits to restrain ko exclusion of any Owner from use of any recreati pin the Common Property during and is a continuing breach in which case such suspension will continue for so long reimbursement to the Association for pte iS facurrécbthe Association (including, but not limited to pre-litigation attorney’s fees) in conys k yedy of such breach; (v) by levying and collecting reasonable and uniformly applied find e es@stablished in advance m the Rules and Regulations of the Association, from any ber sh of the Governing Documents: and/or (vi) by taking Section an Owne Q 1 fine for a violation of the Declaration, Bylaws, Design Standards, or Rules and Regulations Association or its Managing Agent must give written notice to the Owner by certified mai), retufrre€cipt requested. The notice must describe the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due the Association from the Owner and inform the Owner that the Owner is entitled to a reasonable period to cure the violation and avoid the fine or suspension (unless the Owner was given notice and a reasonable opportunity to cure a similar Violation within the preceding six months), may request a hearing under Section 209.007 of the Texas Residential Property Owners Protection Act on or before the thirtieth (30") day after the date the Owner receives the notice, and muy have special rights or relief related to the enforcement action under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. app. Section 501 et seq.), if the Owner is serving on active military duty.
29 501148-v4; 8/13/21 D221239609 Page 54 of 66
n under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. app. Section 501 et seq.), if the Owner is serving on active military duty.
29 501148-v4; 8/13/21 D221239609 Page 54 of 66 Section 10.04. Hearing Before Board; Altermative Dispute Resolution. If the Owner is entitled to an opportunity to cure the violation, the Owner has the right to submit a written request for a hearing to discuss and verify facts and resolve the matter in issue before a committee appointed by the Board or before the Board of Directors if a committee is not appointed. If a hearing is to be held beforeya committee, the notice prescribed by Section 209.006 of the Texas Residential Property Ownk reasonable attorney's Wing to collecting amounts, including damages, due the Association for enforcing restrictions contgined Governing Documents only if the Owner is provided a written notice that attomey's fees And b be charged to the Owner if the delinquency or violation continues after a ae iSyot liable for attorney’s fees incurred by the Association relating to a matter described b e incurred before the conclusion of the hearing; or, adcou dées not request a hearing, before the date ees, costs. and other amounts collected from an Owner will be deposited into a Association or its Managing Ag: employees of its Managing Ager the Association will provide eS on the account. On written request from (he Owner.
for attorney’s fees and other costs relating only to the or breach ar as sOhahy Wolktion or breach occurring prior or subsequent thereto.
ARTICLE 11 COMMON PROPERTY Section Conveyance of Common Property.
(a) The Declarant may from time to time convey property or grant easements to be used as Common Property to the Association, at no expense to the Association and in
tion Conveyance of Common Property.
(a) The Declarant may from time to time convey property or grant easements to be used as Common Property to the Association, at no expense to the Association and in accordance with this Section, for the common use und enjoyment of the Owners and, to the extent set forth in this Declaration, the general public.
(b) The Association will be obligated to accept title to, operate, and maintain the Common Property conveyed to the Association as elsewherc provided in this Declaration; provided, however, such Common Property will be conveyed to the 30 501 148-v4; $/13/21 D221239609 Page 55 of 66 Association by Declarant free and clear of all encumbrances, except such encumbrances as may be set forth herein or on any recorded plat of the Subdivision.
(c) It is contemplated by the Declarant that the Declarant will convey to the Association any Common Property needed for access, ingress, and egress of both vehicular traffic and pedestrians, as well as for landscaping and security purposes. The Declarant may, aj Declarant’s sole discretion, modify, alter, increase, reduce, and otherwise change Association in accordance with this subsection (c} of Section 11.01 at any time conveyance of such Common Property to the Association.
(d) In addition to the property described in subsection (c) of,sht Declarant may convey to the Association in accordance wiff other real and personal property as the Declarant may determi for the completion of the development of the Subdivision.
(e) Notwithstanding any legal presumption to the con in any portion of the Property owned by the De wid designated as Common Property or designated for public use will be resg clarant unti] such time as the same will be conveyed to the KSrocig g any municipality or other
the Property owned by the De wid designated as Common Property or designated for public use will be resg clarant unti] such time as the same will be conveyed to the KSrocig g any municipality or other governmental body, agency, or authority.
the fee title to, and all rights (f) Common Property will also inc all d personal property acquired by the Association for the commoy eS id of the Owners, and to the extent sct forth W alsoNucltde any wall easement described on the Plat or on (g) Common Property any Plat of future lot . At the time of the conveyance of any real property or grant ant to the Association to be used as Common Property, the Declarant will person froxy at a meeting held in accordance with the provision of this Declaration and the Bylaws of the Association, be used for any different purpose or purposcs without the prior written consent of the Declarant.
Section 11.03. Right of Enjoyment. Every Owncr will have a right and easement to use the Common Property (if any), which right will be appurtenant to and will pass with the title to cvery Lot upon transfer; provided, however, that no Owner will do any act that interferes with the free use and enjoyment of the Common Property by all other Owners, and subject to the following provisions: (a) This Declaration, as it may be amended from time to time; 31 501 148-v4; 8/13/21 D221239609 (b) Any restrictions or limitations contained in any deed conveying additional Common Property to the Association; (c) The right of the Board to limit the number of guests who may use the Common Property, and to adopt other Rules and Regulations regulating the use and enjoyment of the Common Property; any part of the Common Property, subject to the approval of s the Members by a vole in person or by proxy at a meeting
er Rules and Regulations regulating the use and enjoyment of the Common Property; any part of the Common Property, subject to the approval of s the Members by a vole in person or by proxy at a meeting provision of this Declaration and the Bylaws of the As (f) The right of the Board to impose reasonable me reasonable admission or other fees (which fees yi the use of any recreational facility stuaregapon (i) The nght of the Ai this Declaration; and Gj} The nght offt! Ss contracts with apy services cg Ww / Section q ’ LOS "Use. Any Owner may delegate to the members of his family or his tenants The Association will maintain and keep in good repair the Common Property (if any) including, without limitation, all landscaping and improvements situated on the Common Property. In addition to the maintenance of the Common Property, the Association will have the obligation to maintain, repair, and replace all grass, trees, shrubbery or other plantings, sidewalks, fences, walls, street lights, benches, trash receptacles, sprinkler systems, informational and directional street signage installed by Declarant, security gates, and any other property Declarant or the City of Fort Worth designates as a maintenance obligation of the Association by an amendment to this Declaration.
(b) The Association will maintain and keep in good repair any Perimeter Wall and the Perimeter Wall Landscaping. The Association will maintain and replace all grass, trees, shrubbery, ground cover or other plantings, and repair and replace any sprinkling system 32 501 148-v4; 8/13/21 Page 56 of 66 D221239609 Page 57 of 66 or systems that are part of any Perimeter Wall Landscaping. The Association will pay all utility charges incurred because of the sprinkling system or systems that are part of any
1239609 Page 57 of 66 or systems that are part of any Perimeter Wall Landscaping. The Association will pay all utility charges incurred because of the sprinkling system or systems that are part of any Perimeter Wall Landscaping.
ARTICLE 12 SUBDIVISION INFORMATION pany or its agent a értificate prepared not exas Property Code part, andsanysticcessor statutes. For a request from a purchaser of property in the Subdivision or the Parchaser's agent, the Association may require the purchaser or purchaser's agent to provide to tho process of preparing or delivers the items listed, y or other right to acquire property in the subdivisee?
contained in the Governing Documents that 7 frequency and amount of regular rm special Assessment that has been gpp total of all amounts due and yp any, for capital expenditures, any unsatisfied judgments apes an a lawsuit relating to unpaid ad valorem taxes of an individual of a certificate of insurance showing the Association's property and telephotts aufber of the Association's Managing Agent, a statement indicating whether the restrictions allow foreclosure of the Association's lien on the Owner's Lot for failure to pay Assessments, and a statement of all fees associated with the transfer of ownership, including a description of each fee, to whoin each fee is paid, and the amount of each fee. The Association may charge a rcasonable fee to asscmble, copy, and deliver the information required by this Section and may charge a reasonable fee to prepare and deliver an update of a resale certificate. The Association may require payment before beginning the process of providing a resale certificate but may not process a payment until the resale
prepare and deliver an update of a resale certificate. The Association may require payment before beginning the process of providing a resale certificate but may not process a payment until the resale certificate is available for delivery. The Association may not charge a fee if the resale certificate is not provided in the time prescribed. The Association will deliver the information required to the person specified in the written request. A written request that does not specify the name and location to which the information is to be sent is not effective. The Association may deliver the information required and any update to the resale certificate by mail, hand delivery, ur allernative delivery means specified in the 33 SOL L48-v4; 8/13/21 D221239609 Page 58 of 66 written request. Neither the Association nor its Managing Agent is required to inspect a Lot before issuing a resale certificate or an update. Not later than the seventh (7th) business day after the date a written request for an update of a resale certificate is received from an Owner, Owner's agent, or title insurance company, the Association will deliver to the Owner, Owner's agent, or title insurance company orAts agent an updated resale certificate that contains the following information: if a right of first refusal other restraint on sale is contained in the Governing Documents, a statement of whether the AsgOct waives the restraint on sale; the status of any unpaid regular or special Assessments, Reserve may be made only by the party requesting the original resale certificate.
Section 12.02. Online Subdivision Information. The Association wi relating to the Subdivision and filed in Official Public Records of Tai website if the Association has, or its Managing Agent on behalf of the
12.02. Online Subdivision Information. The Association wi relating to the Subdivision and filed in Official Public Records of Tai website if the Association has, or its Managing Agent on behalf of the accessible website. [As of the date of filing this Declaration t is no Weh ving Documents ‘exas, available on its DURATION AND A Section 13.01. Duration. The provisions nereot 9 ind the Property and be binding upon i provisions of this Section 13.01 will not of any Owner or mortgagee, to (i) amend, restate, pverning Documents; and (ti) amend, revise. modify, or vacate any Plat.
Each Owner, by acceptafice_ oR, or other conveyance to a Lot, agrees to be bound by such amendments as are per io this’ Section 13.02 and further agrees that, if requested to do so by waer \w gngent to the amendment of this Declaration or any other instruments #” such amendment is necessary to bring any provision hereof or thereof wnity with the provisions of any applicable governmental statute, rule, or dctermination that is in conflict therewith, (ii) if such amendment is necessary 2 title insurance company to issue title insurance coverage with respect to any Lot any governmental agency or "reputable private insurance — to insure mortgage loans on the Lots subject to this Declaration, or (v) if such amendment is neccessary to correct a scrivener's error in the drafting of this Declaration. This Declaration or other Governing Document of the Subdivision may not be amended during the period of time between which Declarant loses the majonty of voting rights and the time a new Board of Directors of the Association, consisting of Owner Members, assumes office.
Section 13.03. Amendments by Owners. This Declaration may be amended or restated by the written
s and the time a new Board of Directors of the Association, consisting of Owner Members, assumes office.
Section 13.03. Amendments by Owners. This Declaration may be amended or restated by the written agreement or by signed ballots voting for such of not less than sixty-seven percent (67%) of all of the Owners in the Subdivision. There wil be one (1) vote per Lot. Anyone owning more than one Lot will have one (1) vote for each Lot owned. Such amendment must be approved by said Owners within three hundred and sixty-five (365) days of the date the first Ownet executes such amendment. Otherwise, such amendment will fail. If the amendment is adopted it will bind and affect the respective Lots whose 34 §01148-v4; 8/13/21 D221239609 Page 59 of 66 Owners will approve such amendment from the time after the date such amendment is approved by each Owner. The date an Owner’s signature is acknowledged will constitute prima facia evidence of the date of execution and adoption of said amendment by such Owner. Those Members entitled to cast not less than sixty-seven percent (67%) of all of the votes of the Association may also vote to amend this Declaration, in person, or by proxy, at a meeting of the Members duly called for such purpose, wri notice of which will be given to all Owners at least ten (10) days and not more than sixty (60) advance and will set forth the purpose of such meeting. Any such amendment will become person or by proxy, in favor of said amendment at the meeting called for such purpg Section 13.04. Amendments by Association. The Board of Directors Des theprig Ge. Ic judgment, from time to time, and at any time, to amend this Declaration witho 5 for the following purposes: (a) to resolve or clarify any ambiguity or conflicts Poxcin, or 1d
ectors Des theprig Ge. Ic judgment, from time to time, and at any time, to amend this Declaration witho 5 for the following purposes: (a) to resolve or clarify any ambiguity or conflicts Poxcin, or 1d misstatements, errors, or omissions herein; ot so amend this Declaration if in the sole opinion of the Board, any. tfanhye.and substantial rights of Owners this respect, the Board wi receipt of written notig s-Beéclaration to the extent required by law upon ents and request for compliance; p ; Scheme of the Declaration and the Subdivision; and Co ve payment schedule for certain Assessments, open records policy, and/or other policies to comply with the Texas Owners Protection Act.
ARTICLE 14 MISCELLANEOUS Section No Reverter. No restriction herein 1s intended to be, or will be construed as, a condition subsequent or as creating a possibility of reverter.
Section 14.02. Severability. A determination by a court that any provision hereof is invalid for any reason will not affect the validity of any other provision hercof.
Section 14.03. Headings. The headings of the Articles and Sections hereof are for convenience only and will not affect the meaning or interpretation of the contents of this Declaration.
Section 14.04. Gender, Throughout this Declaration, the masculine gender will be deemed to include the feminine and neuter, and the singular, the plural, and vice versa.
25 501 148-v4; 8/13/21 D221239609 Page 60 of 66 Section 14.05. Notices. Any notice required or permitted by the Governing Documents must be in writing, To the extent required by law, notices regarding remedial rights must be given by certified mail, rectum receipt requested. All other notices may be given by regular mail. Notice is deemed delivered
, To the extent required by law, notices regarding remedial rights must be given by certified mail, rectum receipt requested. All other notices may be given by regular mail. Notice is deemed delivered (whether actually received or not) when properly depesited with the United States Postal Servigeg addressed to a Member, at the Member’s last known address according to the Association’s records, the Association. the Board, the ACC, or Managing Agent at the Association’s principal office ora address designated in a notice to the Members. Unless otherwise required by law or the Ga Documents, actual notice, however delivered, is sufficient.
Section 14.06. No Liability. Declarant has, using best efforts and all due diligence orceability, and dt Declarant will have each and every Owner, by acceptance of a deed conveying a Lot, ack no such liability.
Section 14.07. Insurance.
(a) At all times during the term of this oye 19 satiation, its successors and assigns, will be required to keep all impr’ K af. the Common Property fully insured by a reputable insurance company iaed to/transact business in the State of aficr the casualty, at least seventy-five percent (75%) of the total Members entitled to vote thereon, and, during the Declarant Control Period, the Declarant, otherwise agree.
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 or reconstruction, or both, are not made available to the Association within such period, then the period wifl be extended until such information will be made available; provided, however, such extension will not exceed ane hundred twenty (120) days. No mortgagee
iation within such period, then the period wifl be extended until such information will be made available; provided, however, such extension will not exceed ane hundred twenty (120) days. No mortgagee will have right to participate in the determination of whether damage or destruction will be repaired or reconstructed.
If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board 36 $01 148-v4; 8/13/21 D221239609 Page 61 of 66 may, without the necessity of a vote of the Members, levy a special Assessment.
Additional Assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. If the funds available from insurance exceed the costs of repair or reconstruction or if the improvements are not repaired or reconstructed, such excess will be deposited for the benefit of the Association.
In the event that it should be determined by the Association in the manner described above that the damage or destruction will not be repaired or reconstructed awd alternative improvements are authorized, then in that event the property will be¢e to its natural state and maintained as an undeveloped portion of the Subdivisionin and attractive condition.
Section 14.08. Indemnification and Hold Harmless.
contract or other commitment made (except to the extent that o fi Association), and the Asso¢ipfi Director free and har contract or commitmé exclusive of any othg director, may be enti thé acceptance of a deed, agree to indemnify each and every other Owner, and armless each and every other Owner, from any claim of any person for personal ‘or property damage occurring within or upon his Lot.
ARTICLE 15 CONDEMNATION
to indemnify each and every other Owner, and armless each and every other Owner, from any claim of any person for personal ‘or property damage occurring within or upon his Lot.
ARTICLE 15 CONDEMNATION Section 15.01. Condemnation or Other Governmental Taking. If all or any part of the Common Property is taken by any authority having the power of condemnation or eminent domain, or is conveyed in licu thereof by the Association with the approval of at least sixty-seven percent (67%) of the Class A Members and of Declarant, during the Declarant Control Period, the award or proceeds made or collected for such taking or sale in lieu thereof are payable to the Association. The Association will disburse or hold such award or proceeds as follows: 37 $01148-v4; 8/13/21 D221239609 (a) If the taking or sale in lieu thereof involves a portion of the Common Property on which improvements have been construed, then, unless within sixty (60) days after such taking, Declarant, during the Declarant Control Period, together with at least sixty-seven percent (67%) of the Class A Members, decide othcrwise, the Association will restore or replace the improvements to the extent practicable, on other existing Common Property, in accordance with the plans approved by the Association, the ACC, and by Declarant, Ef the awards or proceeds are not sufficient to defray the cost of repair and replacement the improvements and such deficiency cannot be appropriated from a Reserve A established for such purpose, the Association may levy one or more special Assess reconstruction. If such improvements are not repaired or restored, the As retain the award or proceeds for the benefit of the Association; (b) If the taking or sale in lieu thereof does not involve
ss reconstruction. If such improvements are not repaired or restored, the As retain the award or proceeds for the benefit of the Association; (b) If the taking or sale in lieu thereof does not involve Common Property, or if there are excess funds remaini replacement of the improvements, then the Association will re eds excess funds for the benefit of the Association, and Association and the Owners of the ote each. In lieu of seeking judicial apportion A their lenders of all Lots wholly or parti fii) Declarant, during the Declarant f apportionment, (a) If all or any part or eminent domain, or remainder of the damaged or de: ae safe, a an authority having the power of condemnation lieu thereof, and the Owner elects not to restore the W taking or conveyance and will leave the Lot in a clean, ondition. In addition, if the size or configuration of the Lot g or conveyance is insufficient to permit the restoration of the ten the Owner, after removing all remaining improvements and placing the lean, orderly, safe, and sightly condition, may deed the remaining portion of the 1 of his remaining portion of a Lot, the Owner will not be a Member.
(b) Tf any part of a Lot is taken by any authority having the power of condemnation or eminent domain, or is conveyed in lieu thereof, and the Owner elects to restore the remainder of the Lot, then the Owner will restore the remainder of the Lot in nearly as practicable to the same condition it was in prior to such taking or conveyance and in accordance with all applicable standard, restrictions, and provisions of this Declaration and all applicable zoning, subdivision. building, and other governmental regulations. The Owner will commence the restoration within sixty (60) days after the taking or
provisions of this Declaration and all applicable zoning, subdivision. building, and other governmental regulations. The Owner will commence the restoration within sixty (60) days after the taking or conveyance and will proceed diligently in a good and workmanlike manner to completion.
[signatures on next page] 38 501148-v4; 8/13/21 Page 62 of 66 D221239609 Page 63 of 66 Declarant has caused this Declaration to be duly executed as provided in the acknowledgment set forth hereinafter, but to be effective as of the date that this Declaration is filed of record in the Official Public Records of Tarrant County, Texas.
: HAWKINS FAMILY JOINT VENTURE, a Texas joint vén based in Tarrant County, TX By tw ok} BOmMt: Si Hie Before me, the undersigned notary public, on this days JANICE HAWKINS, known to me (or proved i [description whose names are subscribed to the foregoing inst she executed the same as a JOINT VEN R joint venture based in Tarrant wom THE STATE OF TEXAS § COUNTY OF TARRANT § peared STEVE HAWKINS and or through Y other document) to be the persons of them acknowicdged to me that he or 301 Commerce Street, Suite 3500 Fort Worth, TX 76102 501 148-v4; 8/13/21 D221239609 Page 64 of 66 ASSOCIATION APPROVAL OF DECLARATION; The Association, by the execution hercof, acknowledges and agrees that the Association is hereby bound by all of the Association’s obligations under this Declaration of Covenants, Conditions, and Restrictio WOODLAND yp RINGS HOMEOWNERS , INC., a Texas Hy corporation THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me 4 , 2021, by Steve Hawkins, President, and Janice Hawkins, Seé PRINGS HOMEOWNERS oot CANDACE VICK fee ly Notary Public, State of Tbe et *; My Commission Expire: ee May 29, 2025 cal NOTARY ID 21068240 40
, 2021, by Steve Hawkins, President, and Janice Hawkins, Seé PRINGS HOMEOWNERS oot CANDACE VICK fee ly Notary Public, State of Tbe et *; My Commission Expire: ee May 29, 2025 cal NOTARY ID 21068240 40 $01 148-v4; 8/13/21 D221239609 LENDER’S SUBORDINATION TO DECLARATION: The undersigned, being the current Jender to Declarant for development of the Subdivision and being the holder of an existing lien on the Property in the Subdivision, by the execution hereof, acknowledges agrees that its lien is subordinated to the foregoing Declaration of Covenants, Conditions, Restrictions.
VERITEX COMMUNITY BANK, a state bank organized and existing unde 3 ‘Yexas By: Prancat fi VG Lely Laura S. Miller \ Community Rank radar) SS THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on th Lo of , 2021, by LAURA 8, MILLER, as COMMUNITY B: BSINENT of VERIFEX COMMUNITY BANK. a the | 6n behalf of said banking corporation.
state bank organized and existing und (Notary Seal] $4, te HEATHER VA XN SMe, AP oem 2 Notary Publi Ro ag 2 Comm. Explreg -2 UE EES Notary Ih 1 23869 “aw Ole z Public, State Al $011 48-v4; 8/13/21 Page 65 of 66 D221239609 Page 66 of 66 EXHIBIT A CURRENT BYLAWS OF THE ASSOCIATION (See Sections 1.05 and 5.03 of the foregoing DECLARATION) 42 $01 148-v4; 8/13/21