Riverchase(3)-CS 940708 NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
LAWRENCE W. JACKSON ,~orneys & Counselors at Law JOHN F. ROEHM Ill
ROBERT L. DILLARD III 1800 Lincoln Plaza KATHERINE G. ROSE
ROBERT E. HAGER
PETER G. SMITH 500 No~h Akard ROBERT L. DILLARD. JR.
DAVID M. BERMAN DaUBs, Texas 75201 H. LOUIS NICHOLS
BRUCE A. STOCKARD (214) 954-3333 O~ COU.SEL
Fax (214) 954-3334
July 8, 1994
Kenneth M. Griffin, P.E.
Assistant City Manger/City Engineer
City of Coppell
P.O. Box 478
Coppell, Texas 75019
RE: Riverchase Homeowners Association/Median Maintenance along MacArthur
Boulevard
Dear Mr. Griffin:
You have request a legal opinion from our firm as to whether the Riverchase
Homeowners Association, Inc. is required to maintain the medians along that portion of
MacArthur Boulevard which is located within the Riverchase Development. I have been
provided with a copy of the Declaration of Covenants, Conditions and Restrictions for
Riverchase, a Master Planning Community in Coppell, Texas, revised October 16, 1984, the
City Council minutes dated January 22, 1985 wherein the City approved the rezoning of the
property located within said development and the Ordinance changing the zoning of the
property located within the Riverchase Development. Based on this information, it is our
opinion that the Association is required to maintain the medians along that portion of
MacArthur Boulevard located within the Riverchase Development.
There is no question under the Declaration of Covenants that the medians along that
portion of MacArthur Boulevard located within the Riverchase Development are part of the
"Common Area" of the Riverchase Development. Additionally, there is no doubt that the
Association is required to maintain and manage all the Common Area and all facilities,
improvements and landscaping thereon. The question becomes whether the City can
enforce the Declaration of Covenants. Section 9.11 of the Covenants of Declarations grants
the City of Coppell the power to enforce easements therein and all other covenants and
restrictions stated in this Agreement and all subsequent cover/ants and restrictions. Section
14.16 of the Declaration of Covenants references and incorporates an Owner's Agreement
wherein certain rights to the City of Coppell have been granted by the owners of the
Riverchase Development. This Declaration of Covenants has been filed in the Deed
Records of Dallas County, Texas. The Owner's Agreement requires the Riverchase Owners
Association to maintain, repair and restore all common areas. Additionally, the Agreement
grants the City of Coppell the power to perform the maintenance obligations of the
AGG~9'2.A
Kenneth M. Griffin, P.E.
July 8, 1994
Page -2-
Association if the Association fails to reasonably perform its maintenance obligations after
being notified by the City of their failure to maintain the common area. In the event the
City of Coppell performs the maintenance obligations, the City may collect all assessments
which were due to the Association for the maintenance. Further, if the City assumes the
maintenance obligation, the Association shall not collect any assessments.
Ordinance No. 297-A-21 duly passed on February 26, 1985 granted the Riverchase
Development's application for rezoning and the Comprehensive Zoning Ordinance of the
City of Coppell was amended to reflect this rezoning. As a condition of the rezoning
application and the Zoning Ordinance granting the rezoning, the Developer agreed to
certain conditions for the rezoning. Specifically, the Ordinance references a letter dated
February 25, 1985 from Terra Land Development Company to the City regarding the
Riverchase Development. The letter indicates that Terra Land Development Company will
impose certain Deed restrictions and perform landscaping functions upon the property
located within the Riverchase Development. Although an argument can be made that since
the Zoning Ordinance did not technically incorporate this letter, the terms of the letter are
not a condition to the zoning change or the ordinance, the City can equally argue that the
terms of the letter were made a condition to the Zoning Ordinance. Additionally, the City
of Coppell can argue that it is a third party beneficiary to the Declaration of Covenants.
The Declaration of Covenants provides the City with the authority to enforce the Covenants
and both the Association and the Owners of the property took the property within the
Riverchase Development subject to these conditions and covenants.
Therefore, based upon the Declaration of Covenants and the Zoning Ordinance, the
City can enforce the Association's maintenance obligations under the Declaration of
Covenants and require the Association to maintain and landscape the medians along that
portion of MacArthur Boulevard located within the Riverchase Development.
If you have any further questions, please feel free to call.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, LLP.
PGS/ttl
cc: Jim Witt
AGGff592A