Riverchase(3)-CS 940621 MEMORANDUM
To: Peter G. Smith, City Attorney
Griffin, P.E., Assistant City Manager/City Engineer
From:
Kenneth
M.
RE: Riverchase Homeowners Association/Median Maintenance in MacArthur Blvd.
Date: June 21, 1994
In response to a letter from Jerry Ragsdale (copy attached), I have reviewed our files concerning
the maintenance of medians in MacArthur Blvd. through the Riverchase Development. Mr.
Ragsdale indicated that they are maintaining the MacArthur Blvd. medians only because they
have been instructed to by City staff. They are requesting that we provide a copy of any official
City action that requires them to maintain the medians.
I have reviewed the Declaration of Covenants, Conditions, and Restrictions for Riverchase, a
Master Plan Community in Coppell, Texas as revised 10/16/84. I am providing you a copy of
the Riverchase Agreement with this memo.
The following represents my analysis of the Declaration of Covenants:
1. Section 1.09. "Common Area": Paragraph (c) defines Common Area as "medians in the
portion of MacArthur Blvd. passing throt~gh the property". It is my opinion that sentence
is the basis of the requirement that Riverchase maintain the medians in MacArthur Blvd.
2. Section 4.02. "Purpose of Assessments": This states that the assessments shall be used for
"(2) managing and maintaining the Common Area". It is my opinion that this would include
the medians in MacArthur Blvd. as they are defined as common area.
3. Article V The General Powers and Duties of the Board of Directors of the Association
Section 5.01. "Powers and Duties": Paragraph (b) defines a duty as follows: "To acquire,
maintain and otherwise manage all of the Common Area and all facilities, improvements and
landscaping thereon, .... Again, because the medians in MacArthur Blvd are defined as
common area, it is my opinion that the association should maintain the medians and in
particular the landscaping thereon.
4. Exhibit "B" Owners' Agreement Article I "Definitions": Paragraph C defines "Common
area" as all of the property and improvements designated as a common area in the
Declaration. Again, the medians in MacArthur Blvd. are defined in the Declaration as
Common Area.
5. Exhibit "B" Owners' Agreement Article III "Use and Management of Common Area":
Section 2 states that "The Association shall maintain, repair, and restore all Common
Areas". Because of the definition of Common Area, it's my opinion that this would include
the medians in MacArthur Blvd.
6. Exhibit "B" Owners' Agreement Article IV "Rights of the City": This Article gives
certain rights to the City to perform the maintenance if the Association fails to perform the
maintenance obligations within the Common area. Also, tinder Article IV, the City can
collect assessments and file liens against the property.
My interpretation of the Declaration Covenants has been based strictly on the written word and
not on any legalities associated with the document. The City requests that you provide a legal
opinion as to whether or not the Association has a requirement to maintain the medians in
MacArthur Blvd. that are contained within the Riverchase Development.
If you should have any questions I will be happy to answer them at your convenience.
cc: Jim Witt, City Manager
file/kgriffin/macathur.mtn