Woodlands-CS 950420FINLEY DEVELOPMENT
P.01
LAND DEVELOPMENT CONSUi~TANTS .... '
Addison Road
Suite 250 ~. '~-.,
Addison, T_~ 75248
FAXNo.-(214)..... 931-8~ELEPHONE No. (2,]~'~93-i-~I2 -~-.
REMARKS:
IF THE~A P~ROBLEM WITH THIS TRANSMISSION, PLEASE CALL (214) 931-1312.
P.02
DECLAEATION OF COVENANTS,
CO~DITIONSA/qDRESTRICTION$
FOR
THE WOODLANDS OF COPPELL
THE STATE OF TEXAS
COUNTY OF DALLAS
}
} KNOWALL MEN BY THESE PRESENTS
}
THIS DECLARATION of COVENANTS, CONDITIONS AND
RESTRICTIONS for THE WOODLANDS OF COPPELL, made on the date
hereinafter set forth byW.O.C. Investments, Inc., aTexas corporation, for the
purpose of evidencing the covenants, conditions and restrictions contained
herein.
W I TNE S SETH:
W~EREAS, Declarant (defined herein) is the owner of certain real property
in the City of CoDDell, Dallas County, State of Texas and more particularly
described on Exhibit "A" attached hereto and made a Dart hereof (the
"Property").
WHEREAS, Declarant desires to create an exclusive residential community
to be known asT~E WOODLANDS OF COPPELL on the Property and such
other property as may be added thereto pursuant to the terms and provisions
of this DeClaration;
NOW THEREFORE, Declarant hereby declares that all of the Property
described above shall be held, sold and conveyed subject to the following
eas~q%ent~, restrictions, covenants and conditions, all of which are for the
purpose Of enhancing and protecting the value, desirability and attractiveness
of the real property. These easements, covenants, restrictions and conditions
shall run with the real property and be binding on all parties having or
acquiring any right, title or interest in the above described Property or any Dart
thereof, their heirs, successors and assigns, and shall inure to the benefit of
Declarant and each Owner (defined herein) thereof.
A/{TICLE I
DEFINITIONS
1.1ASSOCIATION. "Association" shall mean and refer to THE
WOODLANDS OF COPPELL HOMEOWNERS' ASSOCIATION, INC., a
Texas non-profit COrlDoration established for the purposes set forth herein, its
successors and assigns.
R1.2 ~REA$ OF COM~.ON RESPONSIBILITY. "Areas of Common
esDonsibilitv" shall mean (i) the l]ndq~An~ nnr~,.,~,o ~l~, A .... ~ ~
) the landscaped en%£y parkways and medians of Win¢.~ .g Hollow Drive,
(iii) the flood Dlain-~intenance access easement on'I It 1 and 2, Block A (iv)
the floodplain mainte. ~nce areas where slopes are greater than 4: 1, (v) the
drainage easements located on Lots I through 9 Block B (vi) the screening
wall easement along the side of Lots 1, 20, 21, 27 Block A and the rear of
Lots 28 and 9.9 BlockA, (Vii) that portion of the five (5) foot fence easement
along the rear of Lots 6 through 20 Block A, which is defined as the area
between the alley and the wood privacy fence, and such other improvements,
if any, inc!.uding entrance monuments, th~ entry median structure,
conm~unity signs, and any future improvements as may be designated by the
Board of Directors of the Association for the Dreservatlon, protection and
enhancement of the property values and the general health, safety or welfare
the Owners.
1.3 DECLARANT. The term "Declarant" shall mean and refer to W. O. C.
INVESTMENTS, INC., a Texas corporation its successors and assigns.
1.4 CITY. "City" shall mean the City of Col~pell, Dallas County, Texas.
1.5 }{OME OR RESIDENCE. "Home" or "Residence" shall mean a
single-family residential tunit constructed on a Lot being a part of the
Property, including the parking garage ut il ized in connect ion therewith and
the Lot upon which the Home is located.
1.6 LI~NHOLDER. "Lienholder- or "Mortgagee~ shall mean the holder
of a first mortgage lien, either on any Home and/or any Lot.
1.7 LOT. "Lot" shall mean and refer to a portion of the Property
designated as a Lot on the Subdivision Plat of the Property, excluding
common area lots, streets, and any Area of Common Responsibility. Where
the context requires or indicates, the term Lot shall include the ~ome and all
other in~Drovements which are or will be-constructed on the Lot.
1.8 _MEMBER. "Member" shall mean and refer to every person or
entity who holds membership in the Association. The Declarant and each
Owner shall be a Member.
1.9 OWNER. "Owner" shall mean and refer to the record Owner, other
than Declarant whether one (1) or more persons or entities, of a fee si~ole
title to any Lot and shall include the homebuilder, but shall exclude those
having such interest merely as security for the performance of an obligation.
However, the term "Owner" shall include any Lienholder or Mortgagee who
acquires fee Simple title to any Lot which is a part of the Property, through
deed in lieu of foreclosure or through judicial or non judicial foreclosure.
1.10 PROPERTY, PREMISES OR DEVELOPMENT.
~ Property", "Premi ses" and/or "Deve lopment" shall mean and refer t o that
certain real proper~y known as THE WOODLANDS OF COPPELL, a~
described on Exhibit "A" hereto.
1.11 SUBDIVISION PLAT. "Subdivision Plat" shall mean or refer to the
Final Plat which has been or will be filed with respect to the Property in the
Map or Plat Records of Dallas County, Texas, as same may be amended from
time to time.
1.12 BOARD OF DIRECTORS: "Board of Directors" shall mean theboard
of directors elected by the Association pursuant to its Articles of
Incorporation and/or bylaws.
ARTICLE II
THE WOODLANDS OF COPPELL HOMEOWNERS
ASSOCIATION, INC.
2. l ESTABLIS ,HMENT Q~ THE AS..SOCIATION. 'Ii
· The formal establish~ t of the Ass66iation will be a=~omplished by the filing
of the Articles of Incorporation of The Woodlands of Coppell Homeowners
Association, Inc. with the Secretary of State for the State of Texas and the
subsequent issuance by the Secretary of State of the Certificate of
c±alms, causes o~ acti~ or damages arising out of the('" ial of any submittal or
grant o~ any deviatio~to an Owner. Future request f'!ldeviations submitted
· hereunder shall be re ~wed seDarately and aDart from ~her such requests and
the grant of a deviation to any Owner shall not constitute a waiver of the
8
It is proposed that the Areas of Common Responsibility will be improved only
to the extent of landscaping and plantings, including such screening fences and
walls as are prudent for security and safety to the Property. As such, the
Association shall not, except as the Association may reasonably deem
appropriate to comply with applicable laws or to protect the health, safety or
welfare of the Properties or the Members, cause (i) any buildings or permanent
structures to be constructed within the Areas of Common Responsibility; or (ii)
allow any interference or conflict with the natural or t~lant ed veget at ion or trees
in the Areas of Common Responsibility. The foregoing shall not imply any
obligation on the part of the Declarant or the Association to provide any
particular enhancement to the Areas of Common Responsibility or render the
Association in any way responsible for the actions of any Members or other
parties on or in connection with the Areas of Common Responsibility, unless
such actions are undertaken pursuant to the written instructions of the
Association.
ARTICLE VI
ARCHITECTURAL REVIEWCOMMITTEE
6.1 BASIS OF APPROVAL; C0M~4ITTEE.
No lot grading, building, fence, wall, parking area, swimming pool, spa, pole,
mail box, driveway, fountain, pond, sign, exterior illumination, change in
exterior color or shape, new structure or modification of an existing structure
shall be commenced, erected or maintained upon any Lot or the patio or garage
used in connection with any Lot after the purchase of any Lot from Declarant,
nor shall any exterior addition to or change or alteration therein be made until
the plans and specifications showing the nature, kind, shape, height, materials
and location of the same are submitted to and approved in writing by the
Architectural Review Committee (the "Committee") which shall be composed of
three (3) representatives appointed byDeclarant (during such time Declarant
owns any LOTS) andthereafterbytheAssociation.
6.2 PLANS SUBMISSIONSAND APPROVAL PROCEDURE.
Plans and specifications shall be submitted to the Committee at least seven
(7) days prior to the commencement of any construction or modification. The
following shall be submitted in duplicate for approval: a site plan showing the
entire Lot with existing improvements, lot drainage which complies with the
City approved lot grading plan, floor ~lan and ele~ati~ns"0f all faces of the
-P-r°pOsed structure; and a des'~tion of all exterior constructionmaterials. A
copy of the above described plans and specifications shall be retained by the
Committee. The Committee shall review the plans and specifications and notify
the Owner in writing of its approval or disapproval. I~ the Committee fails to
approve or disapprove said plans and specifications within fourteen (14) days
after the same has been submitted to it~ they will be presumed to have been
approved by the Committee. Any disapproval shall set forth the elements
dlsapDroved and the reason or reasons thereof. The judgment of the Committee
in this respect in the exercise of its sole and absolute discretion shall be final
and conclusive and the Owner shall pro~gtly correct the plans and
specifications (i£ disapproved) and resubmit them for approval. No construction,
alteration, change or modification shall commence until approval of the
Committee is obtained. The Committee may approve any deviation from these
covenants and restrictions as the Committee, in its sole and absolute discretion,
deems consistent with the purpose hereof.
6.3 NO LIABILITY; DEVIATIONS.
No member of the Committee shall be personably liable to any Owner for any
P.05
of a residence for cluiet, inoffensive, non-intrusive activities (such as
tutoring, art and music lessons and/or Drofesslonal counseling) so long
as no signage advertising such service is displayed on the Property and
such activities do not materially increase the number of cars parked on
the street or interfere with adjoining Owners' peaceful use and
enjoyment of their residences and yards.
(o} . No fence, wall, hedge or shrub planting which obstructs sight
lines at an elevation between three (3) and eight (8) feet above the
roadway shall be placed or permitted to remain on 8_~y corner Lot within
the triangular area formed by the street right-of-way lines and a line
connecting them at points twenty (20) feet from the intersection of such
street right-of-way lines, or in the case of a rounded property corner,
twenty (20) feet fro~the intersection of the street right-of-way lines as
extended. Similar sight-line limitations shall apply on any Lot for that
area that is ten (10) feet from the intersection of a street right-of-way
line with the edge of a residence driveway. No tree shall be permitted
to remain within such restricted plantings area unless the foliage line
is maintained at a minimum height of eight (8) feet above the adjacent
ground line. Repair or replacement of any fence shall be of the same or
as close to the same as possible to the original construction material.
(P). Except for children's playhouses (which shall have a max.
peak roof line of twelve feet), dog houses, and gazebos, no previously
constructed building be moved onto any LOt, it being ~st ent
that only new construction be placed and erected on the Property.
(q). Within the easements on each Lot, as designated on the
Subdivision Plat of the Development, no improvement, structure,
planting or materials shall be placed or permitted to remain which
might damage or interfere with the installation, operation and
maintenance of Dublic utilities, or whichmight alter the direction of flow
within drainage channels or which might obstruct or retard the flow of
water through drainage channels.
(r). The general grading, slope and drainage plan of a Lot as
established by the approved Development plans may not be materially
altered without the wrlttenapDroval of the Committee and/or the City
(where such authorit~ rests with the City). _.=
(s). NO sign of any kind or character shall be displayed to the pubic
view on any Lot except for one (1) professionally fabricated sign of not
more than six (6) square feet advertising the property for rent or sale,
or signs usedbyan approved builder to advertise the property during its
construction and sales period. Declarant or its agents shall have the
right to remove any sign, billboard or other advertising device that does
not comply with the above, and in so doing shall not be subject to any
liability for trespass, or any other tort arising in connection ~herewi~h
from such removal, nor in any way be liable for any accounting or other
claim by reason of the disposition thereof. Development related signs
owned and erected by the Declarant shall be permitted.
(t). Outdoor clothes lines and drying racks are prohibited.
(u). Except within fireplaces in the main residential dwelling and
proper equipment for outdoor cooking, no burning of anything or open
fires shall be permitted a/%ywhere on the Property.
(v). NO lot shall be used for, or contain a site for the use of, landing
and/or departure of helicopters and similar craft.
(w) NO noxi~ls offensive activity shall be '! ..tried on uDon any lot,
nor shall anyth ~ be done tt%ereon which may be Lc may become an
annoyance or nuisance to the neighborhood. No owner shall do any work
12
P.O~
completed as to its exterior, and all temporary structures shall be
removed. Out-buildings shall be comlDleced within cwo (2) months.
7.18 BASKETBALL ~QUIPMENT. Basketball goals, backboards and nets
shall not be perraitted upon any lot without prior written approval by the
Committee. No basketball goals, backboards and nets shall in any case be
located closer to the street than the front building line.
7.19 POOL EQUIPMENT, Above ground pools are expressly prohibited. Ail
pool service e~uipment shall be fenced and located in either (a) a side
yard between the front and rear boundaries of the dwelling, or (b) in the
rear yard adjacent to the dwelling; and shall not be visible from any
residential street.
7.20 RETAINING W;tLLS. It shall be the responsibility of the owner of any
lot rec/uiring retaining walls to construct said wall at the time the prima~
residence is constructed. Any builder making a cut or fill which such grade
exceeds 3:1 must submit to the Committee a wall design for approval. Where
required to com~ly with the approved lot grading plan, the lot owner will be
required to construct retaining walls.
7.21 EROSION CONTROL. During construction of improvements and prior
to landscaping, reasonable measures will be taken to prevent excessive
erosion of lots, causing silt to be deposited in the streets and in the
storm drainage system. Pro~eccion can bebyretaining walls, berm, hay
bales or other mea~s suitable for each individual Lot. The Lot owner will
be responsible for removing excessive silt accumulations from the street.
7.22 BUILDING PERMITS. The Building Inspector of the City of CoDDell,
Texas, or other municipal authority, is hereby authorized and empowered to
revoke, as the case may be, any and all permits for congtruetion of
improvements of any kind or character to be erected or placed on any of the
Property, if such improvements do not conform to and comply with the
restrictions set out herein. Additionally, the City of Coppell CerCificates qf
Occupancy, will be sub~ect to certification of the lot grading being comDlet~.in
accordance with the City approved gradin~ plans and the builder approved 1Q~_
grading submittal.
7.~3 RECONSTRUCTION COMPLETION TIME.
In the event that residence is partially or totally damaged by fire or other
causes, construction or reconstrucSion of the damaged residence, or portion
thereof, must commence within one-hundred twenty (120) days after the
occurrence causing the damage. No construction or reconstruction shall
commence until plans and specifications have been submitted to the
Committee and subsec/uentlyaDDroved.
7.24 WAIVER BY THE ARCHITEOTURALREVIEW COMMI~E.
The Committee may, at its discretion, approve construction of a s~ructure
lackinu not more than 10% of the minimum square footage required by
Paragraph 7.7 above, and may waive such other variations from these
restrictions as said Committee deems, in its sole discretion, not to be
inconsistent with the general tenor and purpose of these restrictions.
7.25 GENERAL MAINTENANCE.
(a). Following occupancy of the residence on any Lot, each Owner
shall maintain and care for the Home, all improvements and all trees
(including those in the front stree~ parkway), foliage, plants, and lawn
areas on the Lot and otherwise keep the Lot and all improvements
thereon in good condition and repair and in conformity with the general
~h~r~crer and Quality of proD~rtie~ in tho immediate area. Such
maintenance and~epair to include but not be [mired to: (i) the
replacement of %'-~.~nand/or rotted components; ( ) the regular painting
of all exterioz~rfaces; (iii) the maintenanc~~, repair andreplacement
15
p.~?
of roofs, rain gutters, downspouts, exterior walls, fences, windows, doors
walks, drives, parking areas and other exterior portions of the Home to
maintain an attractive appearance; (iv) regular mowing and edging of
Iilawn and grass areas; and (v) ensuring the.integrity of drainage
easements l~upon failure-~-an~-O~i~-~al~~-by hi---~
i~, th~ manner prescribed herein, the Declarant or the Association, or
either of them, at its option and discretion, but without any obligation
to do so, but only if such non-compliance continues five (5) days after
written notice to such Owner, may enter upon such Owner's Lot and
ttndertake to maintain and care for such Lot to the condition required
hereunder and the Owner thereof shall be obligated, when presented
with an itemized statement, to reimburs.e, said Declarant and/or
Association for the cost of such work wzthin ten (10) days after
resentment of such statement. ,
(b) . The Association shall bear the responsibility for the olDeratlon,
aintenance, repair and, if required, the replacement of the rock entry
features, signs, 1 ighting, landscaping located in the landscape easements
on Lots 1, 20, 21, 27, 9.8 and 29 Block A, and IDruning as necessary at
the entrance to maintain City required visibility triangle. The landscape
and maintenance easements are reserved in favor of Declarant and the
Association for the performance thereof. The Association will be
___responsible for maintenance of that portion of the five foot fence
easement along the rear of Lots 6 through 9.0 Block A, defined as that
_ area betw-een'th~-alley Dave~_.ent and the outside face of the screenina'
~ (C). The Association shall operate, maintain and, when
necessary, repair and/or replace the landscaping improvements
~ and irrigation systems located in the Areas of Common
) ResDonsibillty including along the frontage of C ~o~.pell Road, each
/ Development entry planting area and signage. Addztionally the
.Association will be responsible for ensuring the free flow and
integrity of the floodway maintenance area (where natural
slopes exceed 4 .. 1 ) and where such operation and maintenance is
not contrary to the requirements and limitations of the City.
ARTICLE VIII
OBLIGATION TOIMPROVE PROPERTY,
RIGHT OF FIRST REFUSAL, ANDWAIVER
8.10BLIC4kTIONTO IMPROVE PROPERTY. If any Owner of a Lot does
not, within eighteen (18) months after receipt of title to such Lot begin (and
thereafter continue to completion) substantial and meaningful construction of
a building upon said Lot (which building shall comply with all provisions Of this
Declaration), the Declarant conveying such Lot or its assignee ("optionee..), shall
have an option to repurchase said lot for a purchase price equal to the purchase
price paid by such Owner ("ODtionor") for. saidLot. This option to repurchase
must be exercised in writing within six (6) months after the expiration of the
above-referenced eighteen (18) month period. Closing of the repurchase shall
take place within ninety (90) days after the exercise of the option to repurchase
and shall be held at the office of Optionee or at the office of the title company
selected by ODtionee. At the closing, ODtionee may deem necessary to properly
convey title to said Lot to 0ptionee, its successors and assigns. For the purl~oses
hereof, "substantial andmeaningful construction"shallmean the commencement
of~ construction. . ........ of a component Dart of the building, such as the laying of a
mounaat~ono~ the Duil~g. Suchactivitiesaserectin~ '.akes, unloading dirt, and
erecting batter boards.,shall be insufficient aetivit' s for these Durposes.
8.2 RIGHT OF FIRS~FUSAI,. FOr so long as any Owner has not