Villages of CC P4-CN 9210281
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DEFINITIONS
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PROPERTY SUBJECT TO THIS DECLARATION; ADDITIONS
'rlqI:m, ETO ............................................ 4
2.1 Existing Properties ................................... 4
2.2 Additions to Properties ................................ 4
iVII~IBF_.RSHIP AND VOTING RIGHT IN TI~ ASSOCIATION .......... 6
3.1 Membership ................................. . ..... 6
3.2 Chsses of Membership ................................ 6
3.3 Quorum, Notice and Voting Requirements .................... 7
PROPERTY RIGHTS IN COMMON PROPERTIES .................. 8
4.1 Member's Easements of ,~njoyment ........................ 8
4.2 Title to the Common Properties ........................... 9
4.3 Extent of Members' F. asements ........................... 9
COVENANTS FOR ASSESSIVIF_2q'TS
5.1
5.2
5.3
5.4
5.5
.......................... 11
Creation of the Lien and Personal Obligation of Assessments ........ 11
Purpose of Assessments .............................. 12
Improvement and Maintenance o _titg Common Properties Prior to
Conveyance to the Association..~,~ .~. .................... 12
Basis and Amount of Annual ~~Assessments ........... 13
Special Assessments for CaI~~ements and Special Individual
..no--
Assessments ~., ........................ 14
5.6 Uniform Rate of A~u~'~[~ Special Capital Assessments .......... 14
5.7 Date of Comn?.~.n~.l~,.Rssessments; Due Dates ............. 15
5.8 Dutiesof th~k~l~l/~l~ngR-rectors with Respect to Assessments ....... 15
5.10 Sub--to Mortgages ....................... 17
5.11 Exena/~ ................................... 17
ASSOCI~kTI~N .............................. 17
6.1 Powers and Duties .................................. 18
6.2 Board Powers ........ . ............................ 20
6.3 Maintenance Contracts ............................... 21
6.4 Liability Limitations ................................. 21
6.5 Reserve Fund ..................................... 21
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INSURANCE; REPAIR AND RESTORATION .................... 22
7.1 Right to Purchase Insurance ............................ 22
7.2 Insurance Proceeds ---?. ................................. 23
7.3 Insufficient Proceeds ................................ 23
7.4 Mortgagee Protection ................................ 23
7.5 Destruction of Improvements on Individual Lots ............... 24
USE OF COMMON PROPERTIF_3 ........................... 24
8.1 Restricted Actions by Owners ........................... 24
8.2 Damage to the Common Properties ....................... 24
8.3 Rules of the Board ................................. 24
USE OF PROPERTIES AND LOTS - PROTECTIVE COVENANTS ....... 25
9.1 Public Use Permitted ................................ 25
9.2 Residential Puxposes ................................ 25
9.3 Minimum Lot Area ................................. 25
9.4 Minimum Floor Space ............................... 26
9.5 Combining Lots ................................... 26
9.6 Setback Requirements and Building Location ................. 27
9.7 Height ......................................... 27
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9.8 Driveways .......................................
9.9 Access .........................................
9.10 Drainage ........................................
9.11 Utilities ........................................
9.12 Construction Requirements .............................
9.13 Garages ........................................
9 14 landscaping and Sprinkler System
9.15 Retaining Walls ...................................
9.16 Fences .........................................
9.17 Trash Receptacles and Collection .........................
9.18 Exterior Lighting ..................................
9.19 Window Coolers ...................................
9.20 Antenna Restrictions ...............................
9.21 Temporary Structures and Vehicles ....................
9.22 Parking .....................................
9.23 Signs ..................... ..% ................
9.24 Removal of Dirt .............. ~ ...............
9.25
9.26 Offensive Activities ........~'~'I~ ...............
9.27 Duty of Maintenance . . _ .~...~.~ ....................
9.28 Maintenance of Commonalties ~ .....................
ARCHITF~TURAL CO~'rl'~a~ ....................
10.1 Architectural ~il~ultee .........................
10.2 Architectural~~ ...............................
10.4 NonrQ. n~t~" .gt~ll Unapproved Improvements ................
10.5 No ~'I~ ...................................
F.A. SEMRNTS .*. .....................................
11.1 Ingress and Egress by the Assoc'mfion ......................
11.2 General ........................................
11.3 Reservation of ]Easements .............................
11.4 Surface Areas of Utility Easements .......................
11.5 Emergency and Service Vehicles .........................
11.6 Universal ~asement .................................
11.7 Easement for Maintenance and Repair of Lakes and Banks of
11.8 Wall and Landscape l;~a~ement ..........................
G~ PROVISIONS
12.1
12.2
12.3
12.4
12.5
12.6
12.7
12.8
12.9
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Duration ........................................ 43
Amendments ..................................... 44
Enforcement ..................................... 44
Severability ...................................... 44
Headings ....................................... 45
Notices to Member/Owner ............................. 45
Notices to Mortgagees ............................... 45
Disputes ........................................ 45
Termination of and Responsibility of Declarant ................ 45
DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS
FOR VILLAGE AT COTTONWOOD C~K, SECTION FOUR, COPPFJ.L, TEXAS
THE DECLARATION is made this day of ,1992, by JIM SOWELL
CONSTRUCTION COMPANY, INC., (hereinafter referred to as "Declarant").
WITNESSETH:
~S, Declarant is the owner of the real property referred to in Article H hereof
and described on Exhibit "A", attached hereto and made a part hereof for all purposes, and
desires to create thereon a residential community with landscaping, sprinkler systems, screening
walls, and other common improvements for the benefit of the community; and
WHEREAS, Declarant desires to provide for, among other matters, the preservation of
the values and amenities in said community and for the maintenance of said landscaping,
sprinkler systems, screening wall (located within wa~l
other common improvements; and, to this
in A~icle 1I together with such
Article 11)
forth, each and
and
and in the public R.O.W.), and
real property referred to
hereafter be made thereto (as provided in
easements, charges and liens hereinafter set
for the benefit of said property and each owner thereof;
WI-IP~RF. AS, Declarant has deemed it desirable for the efficient preservation of the values
and amenities in said community, to create an agency to which would be delegated and assigned
the powers of (i) maintaining and administering the Common Properties and facilities, (ii)
administering and enforc'mg the covenants and restrictions, and (',ii) collecting and disbursing the
assessments and charges here'mafter created; and
WI-mREAS, Declarant will cause to be incorporated under the laws of the State of Texas
a non-profit corporation for the purpose of effecting the intents and objectives bere'm set forth.
NOW, THERF2ORE, Declarant declares that the real property referred to in Article H,
and such additions thereto as may hereafter be made pursuant to A~ticle 11 hereof, is and shall
be held, transferred, sold, conveyed and occupied subject to the covenants, conditions,
92005.00 1 O R A F T - 07/23/92
restrictions, easements, charges and liens (sometimes
RestriodonsD heminaftor set forth.
ARTICLF~ I
1
referred to as "Covenants and
DEFINITIONS
The following words when used in this Declaration or any Supplemental .Declaration
(unless the context shall otherwise prohibit) shall have the following meanings:
1.1 "Association" shall mean and refer to the vehicle and agency which will have the
power, duty and responsibility of maintaining and administering the Common Properties, and
collect2ing the disbursements and charges hereinafler prescribed, and will have the right of
administering and enforcing the Covenants and Restrictions. The Association shall, commencing
on the date of recordation of this Declaration and continuing for an indefinite period of time,
exist as an unincorporated assoc'mfion and at a point in time deemed appropriate by the
Declarant, consistent with the objectives herein and the circumstances then existing, the
n-profit
corporation under the
Declarant will cause the incorporation of the Associafio
laws of the State of Texas.
1.2 "Properties" shall
this Declaration as
Properties.
such existing properties as are subject to
"A" attached hereto and any additions to such
1.3 "Common Properties" shall mean and refer to (i) those certain landscaping
improvements, screening walls, sprinkler systems, and easements, among other amenities as are
more particularly described on ~ attached hereto and made a part hereof for all
purposes, which improvements are intended to be devoted to common use and enjoyment; and
(ii) any areas of land, improvements or other property rights within the Properties which are
intended for or devoted to the common use and enjoyment of the members of the Association
and which are designated as Common Properties by the Association, together with any and all
improvements that are now or may hereafter be constructed thereon. In certain circumstances
Common Properties may not be owned by the Declarant or the Association in fee, but may, in
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some instances, be held as an easement, be leased or may simply be areas of land that are not
owned or leased by the Declarant or the Association but which are maintained by the Association
or the Declarant for the use and benefit of the Members and the Properties. An example of
areas of Common Property which may not be owned or leased by the Association or Declarant
but would constitute a portion of the Common Properties and be maintained by the .Association
would be landscaped parkways within public rights-of-way within or appurtenant to the
Properties. The Declarant may hold record title to the Common Properties, consistent with the
objectives envisioned herein and subject to the easement rights herein of the Members to use and
enjoy the Common Properties, for an indefinite period of time and at a point in time (deemed
appropriate and reasonable by the Declarant) after the Association has been incorporated, record
title to those portions of the Common Properties which are owned by Declarant in fee, as an
easement or otherwise will be transferred from the Declarant to
1.4 "Lot" shall mean and refer to
subdivision map(s) or Plat(s) of the
designated as a lot therein and which
portions of the
however, these lots shall
ipon any recorded
from time to time, which is
Some
as a "lot" on the recorded subdivision plat,
from the concept and definition of lot as used herein.
1.5 "Owner" shall me..ail and refer to every person or entity who is a record owner
of a fee or undivided fee interest in any Lot which is subject by covenant of record to
assessment by the Association, including contract sellers. The foregoing is not intended to
include persons or entities who hold an interest merely as security for the performance of an
obligation.
1.6 "Member" shall mean and refer to each Owner as provided in Article III.
1.7 "Declarant" shall mean and refer to JIM SOWELL CONSTRUCTION
COMPANY, INC., and the successors and assigns (if any) of such Corporation, with respect
to the voluntary disposition of all (or substantially all) of the assets of such Corporation and/or
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the voluntary disposition of all (or substantially all) of the right, tire and interest of the
Corporation, in and to the Properties prior to the completion of development thereon, where
such voluntary disposition of right, rifle and interest expressly provides for the transfer and
assignment of the rights of such joint venture as Declarant, or with respect to the involuntary
disposition of all or any part of the Properties owned by Declarant. No perso.n or entity
purchasing one or more Lots from such joint venture in the ordinary course of business shall be
considered as "Declarant".
2
ARTICLE H
PROPERTY SUBJECT TO THI.q DECLARATION; ADDmONS TH~.RETO
2.1 Existing Properties. The properties which are, and shall be, held,
transferred, sold, conveyed, and occupied subject to this Declaration are located in Coppell,
~d~d .... bit "A"
D~llas County, State of Texas, and are more particularly m ~ attached
hereto and incorporated herein by reference for all p~~~
2.2 Additions to
~. land(s) may become subject to this
Declaration in any of the
2.2.1 The 2 add or annex additional real property to the scheme
of this Declaration by f'ding of record a Supplementary Declaxafion of Covenants,
Conditions and Restrictions which shall extend the scheme of the Covenants and
Restrictions of this Declaration to such property; provided, however, that such
Supplementary Declaration may contain such complementary additions and
modifications of the covenants, conditions and restrictions contained in this
Declaration as may be necessary to reflect the different character, ff any, of the added
properties and as are not materially inconsistent with this Declaration in a manner
which adversely affects the concept of this Declaration.
92005.00 4 D R A F T - 07/73/92
2.2.2 In the event any person or entity other than the Declarant desires to add
or annex additional residential and/or common areas to the scheme of this
Declamflon, such proposed annexation must have the prior written consent and
approval of the majority of the outstandmg votes ~~ of the ;-"~
Association,
2.2.3 Any additions made pursuant to Paragraphs (a) and Co) of this Section
2.02, when made, shall automatically extend the jurisdiction, functions, duties and
membership of the Association to the properties added.
2.2.4 The Declarant shall have the right and option [without the joinder,
approval or consent of any person(s) or entity(les)] to cause the Association to merge
or consolidate with any similar association then having j,~u~sdiction over real property
located (in whole or in part) within one-half (1/2~ ~f .~lllt'*~ real property then
subject to the jurisdiction of the U~m~rger or consolidation of the
Association with rights and obligations may, by
operation of law surviving or consolidated association or,
alternately, the ~d obligations of another association may, by
operation of law, to the prope~ies, rights and obligations of the Association
as a surviving corporation pursuant to a merger. The surviving or consolidated
association may administer the covenants and restrictions established by this
Declaration within the Properties together with the covenants and restrictions
established upon any other properties as one scheme.
2.2.5 Notwithstanding the fact that the Declarant may not be a Class A or
Class B Member by virtue of its sale, transfer or conveyance of all of its right, rifle,
and interest in the Properties, the Declarant shall continue, to be entitled to implement
and exercise all its rights under and pursuant to this Section 2.02 and all of the
subsections hereof. Even though the Declarant may not be a Class A or Class B
Member prior to an annexation, merger or consolidation permitted by this Section
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2.02, subsequent to such annexation, merger or consolidation the Declarant shall be
and become a Class B Member with respect to the Lots owned by it within the
Properties, as each Property has been expanded or inclms~ by the annexation,
merger or consolidation. The Declarant's rights as a Class B Member shali be"
governed by and set forth in the Declaration for the Properties and the Artic. les of
Incorporation and Bylaws of Association as same may be amended or altere~ by and
in accordance with the snnexation, merger or consolidation.
3
ARTICLE m
MEMBERSHIP AND VOTING RIGHT IN THF~ ASSOCIATION
3.1 Membership. Every Owner of a Lot shall automatically be a Member of the
Association.
3.2 Classes of Membership.
membership:
3.2.1
of Class B Members.
shall have two classes of voting
A Members shah be aH Members with the exception
A Members shall be entitled to one vote for each LOt in
which they hold the interest required for membership. When more than one person holds
such interest or interests in any Lot, all such persons shall be Members, and the vote for
such Lot shall be exercised as they, among themselves, determine, but in no event shall
more than one vote be cast with respect to any such Lot.
3.2.2 CLASS B. Class B Members shall be Declarant and any bona fide
Owner who is engaged in the process of constructing a residential dwelling on any LOt
for the purpose of selling such dwelling upon its completion to consumers. Declarant
shall be entitled to six (6) votes for each Lot owned by all Class B Members. Class B
Members other than the Declarant shall be non-voting members of the Association. The
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Class B membership shall cease, and each Class B Member shall become a Class A
Member:
3.2.2.1 when the total number of votes outstanding in the Class A
membership is eight (8) times greater than the total number of votes outstanding
in the Class B membership; or
3.2.2.2 on the tenth (10th) anniversary date of the lawful
commencement date of the Association as an incorporated entity, whichever
occurs first in time.
Notwithstanding the voting fights within the Association, until the
Declarant no longer owns record rifle to any Lot, or the tenth (10th) anniversary
of the recording date for this first in time, the
Association shall take no whatsoever without the
consent and approval of the I
3.3 Quorum, Requirements.
3.3.1 Subject to the provisions of Paragraph (c) of this section, any action
authorized by Sections 5.04 and 5.05(a) of Article V shall require the assent of the
majority of all of the votes of those who are voting in person or by proxy, regardless of
class, at a meeting duly called for that purpose, written notice of which shall be given
to all Members not less that ten (10) days nor more than fifty (50) days in advance and
shall set forth the purpose of such meeting.
3.3.2 The quorum required for any action referred to in Paragraph (a) of this
Section shall be as follows:
At the initial meeting called, as hereinafter provided, the presence at the
meeting of Members, or of proxies, entitled to cast sixty percent (60%) of all of the
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votes of the Association, regardless of class, shall constitute a quorum. If the required
quorum is not present at the meeting, one additional meeting may be called, subject to
the notice requirement hereinabove set forth, and the required quorum at such second
meeting shall be one-half (1/2) of the required quorum at the preceding meeting;
provided, however, that no such second meeting shall be held more than sixty (60) days
following the first meeting.
3.3.3 As an alternative to the procedure set forth above, any action referred to
-, ..... :*~...,* o ,~eetin~ if a consent in writing,
in Paragraph (a) of this Section may be
approving of the action to be taken, shall be signed by Members who hold more than
sixty percent (60%) of the outstanding votes of the Association in aggregate, regardless
of class.
3.3.4 During the period of time that the
Declarant shall have the sole
meetings (if any) of the
without the approval of the
right to vote on any
the
reasonable procedures for the
, that prior to incorporation,
(other than Declarant) shall have a
any meetings of the Members of the Association.
Except as specifically set forth in this Declaration, notice, voting and quorum
requirements for all action to be taken by the Association (as an incorporated entity) shall
be consistent with its Articles of Incorporation and Bylaws, as same may be amended
from time to time.
4
ARTICLE IV
PROPERTY RIGHTS IN COMMON PROPERTIES
4.1 Member's Easements of Enjoyment. Subject to the provisions of Section 4.03
of this Article, every Member and every tenant of every Member, who resides on a Lot, and
each individual who resides with either of them, respectively, on such Lot shall have a right and
easement of use and enjoyment in and to the Common Properties, and such easement shall be
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not give such person the right to make alterations, additions or improvements to the Common
Properties.
4.2 Title to the Common Properties. The Declarant shall dedicate and conx/ey the
fee simple title to the Common Properties to the Association at such point in ti.me deemed
reasonable and appwpriate by the Declarant. Prior to the date the Common Properties are
conveyed to the Association, the Declarant shall retain the right to sell portions of the Common
Properties to Lot Owners if Declarant, in its sole discretion, deems such sale to be for the best
interest of the development. {1~ ,~q~
rights and easements of enjoyment created
4.3 Extent of Members'
hereby shall
4.3.1 of the Association to prescribe regulations governing the use,
operation and maintenance of the Common Properties;
4.3.2 Liens of mortgages placed against all or any portion of the Common
Properties with respect to monies borrowed by the Declarant to develop and improve the
Common Properties or by the Assoc'mtion to improve or maintain all or any portion of
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4.3.3 The right of the Association to enter into and execute contracts with third
parties (including the Declarant, or an affiliate of the Declarant) for the purpose of
providing maintenance or such other materials or services consistent with the purposes
of the Association;
4.3.4 The right of the Association to take such steps as are reasonabl~ necessary
to protect the Common Properties against foreclosure;
4.3.5 The right of the Association, as may be provided in its Bylaws, to suspend
the voting rights of any Member for any period during which any assessment against a
Lot owned by such individual remains unpaid, and for any period not to exceed sixty
(60) days for an infraction of its rules and regulations;
4.3.6 The right of the Declarant,
Member(s) having a majority of the
aggregate, regardless of class.
Properties to any public
upon such
written consent by the
of the Association, in the
~ transfer all or any part of the Common
or utility company for such purposes and
to by such Members;
4.3.7 The right of the Declarant, at any time, to make such reasonable
amendments to the Pht (herein so called) of the Properties recorded in the Map Records
of Dallas County, Texas (hereinafter referred to as the "Plat") as it deems advisable, in
its sole discretion. All Members are advised that a portion of the Common Properties
may be located within the platted and dedicated public rights-of-way and in connection
therewith the public shall have rights of use and enjoyment of Common Properties
located within the public rights-of-way; and
4.3.8 With respect to any and all portions of the Common Properties, Declarant,
until Declarant no longer owns record title to any Lot, or the tenth (10th) anniversary of
the recording date of this Declaration, whichever is the earlier to occur, shall have the
92005.00 10 D R A F T - 07123/92
5
right and option (without the joinder and consent of any person or entity, save and except
any consent, joinder or approval required by the City of Coppell or any other
governmental agency having appropriate jurisdiction over the Common Properties to: (i)
alter, improve, landscape and/or maintain; (ii) rechannel, realign, dam, bridge, bulwark,
culvert and otherwise employ or l~tiliTe construction and engineering m .easures and
activities of any kind or nature whatsoever; Cfii) zone, rezone, or seek 'and obtain
variances or permits of any kind or nature whatsoever; (iv) replat or redesign the shape
or configuration of the Common Properties; and (v) seek and obtain any and all permits,
licenses or exemptions from any and all governmental agencies exercising jurisdiction
over the Common Properties and/or the uses or activi~reon.
COVENANTS FOR
5.1 Declarant, for
each Lot owned by it hereby covenants and agrees, and each purchaser
of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such
deed or other conveyance shall be deemed to covenant and agree (and such covenant and
agreement shall be deemed to constitute a portion of the consideration and purchase money for
the acquisition of the Lot), to pay to the Association (or to an entity or collection agency
designated by the Association): (I) annual maintenance assessments or charges; (2) special
assessments for capital improvements, such assessments to be frxed, established and collected
from time to time as hereinafter provided; (3) individual special assessments levied against
individual Lot Owners to reimburse the Association for extra costs for maintenance and repairs
caused by the willful or negligent acts of the individual Owner and not caused by ordinary wear
and tear, such assessments to be fLXed, established and collected from time to time as hereinafter
provided. The annual, special capital, and special individual assessments, together with such
interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the
land and shall be a continuing lien upon each Lot against which each such assessment is made.
Each such assessment together with interest thereon and costs of collection thereof as hereinafter
92005.00 11 D R A F T - 07123192
provided, shall also be the continuing personal obligation of the person who was the Owner of
such Lot at the time when the assessment fell due.
5.2 Purpose of Assessments. The assessments levied by the Association shall be used
exclusively for the purpose of promoting the health, safety and welfare of the resid, ents of the
Properties, and in particular for the improvement and maintenance of private walkways,
greenbelt areas, parkways, or other properties, services, improvements and facilities devoted to
this purpose and directly related to the use and enjoyment of the Common Properties including,
but not limited to the payment of taxes on the Common Properties and insurance in connection
with the Common Properties and the repair, replacement and additions thereto; and for paying
the cost of labor, equipment (including the expense of leasing any equipment) and materials
required for,
the duties of the Board of Directors
carrying out the purposes of
and for carrying out
Article V hereof; and for
5.3 of the Common Properties Prior to
Conveyance to Initially, all improvement of the Common Properties shall be
the responsibility of the Declarant and shall be undertaken by Declarant at its sole cost and
expense with no right to reimbursement from the Association. After the initial improvements
are substantially completed and until the date of the conveyance of the title to the Common
Properties to the Association, the Declarant, on behalf of the Association, shall have the
responsibility and duty (but with right of assessment against all Owners) of maintaining the
Common Properties, including, but not limited to, the payment of taxes on and insurance in
connection with the Common Properties and the cost of repairs, replacements and additions
thereto, and for paying the cost of labor, equipment (including the expense of leasing any
equipment) and materials required for, and management and supervision of, the Common
Properties. Initial improvements shall mean and refer to those certain plantings, screening walls
and sprinkler systems, which improvements are intended to be devoted to common use and
enjoyment. In this regard, and until such time as the Common Properties are conveyed to the
Association, all assessments, both annual and special, collected by the Association (less such
92005.00 12 D R A F T - 07/23192
amount required for the operation of the Association) shsll be forthwith paid by the Association
to Declarant, to the extent that such assessments are required by Declarant to maintain the
Common Properties as set forth in this Paragraph. The Association may rely upon a cextificate
executed and delivered by the Declarant with respect to the amount required by Declarant to
maintain the Common Properties hereunder.
5.4 Basis and Amount of P, nnual Maintenance Assessments.
5.4.1 Commenc'mg with the year beginning January 1, 1993, and each year
thereafter, the Board of Directors, at its annual meeting next preceding such January 1,
1993, and each respective January 1 thereafter, may set the amount of the maximum
annual assessment for the following year for each Lot, provided that the maximum
annual assessment may not be increased more than ~i~:/~j above the
maximum annual assessment for the previous year u~s~erwise approved by a
majority of the votes of the Assoc~aaon's Members,~ of class, as provided in
Section 3.03 of Article BI.
5.4.2 When the
assessment shall be
the Lot owned by such
as follows:
for Lots, all or a portion of such
the Member according to the status of
5.4.2.1 When the Lot is owned by a Class A Member the full
assessment shall be payable.
5.4.2.2 When the LOt is owned by a Class B Member
of the assessment shall be payable by the Class B Member.
5.4.3 Notwithstanding anything here'm contained to the contrary, prior to January
1, ~ the maximum assessment chargeable against any LOt for which a full assessment
is payable, shall not exceed, _ per month.
92005.00 13 D R A F T - 07/23/92
5.4.4 The Association's Board of D'nuctors may fixthe actual annual assessment
at an amount equal to or less than the then-existing maximum annual assessment. The
Board of Directors may provide that annual assessments shall be paid, monthly,
quarterly, semi-annually or annually on a calendar year basis. Written notice Of the
annual assessment to be paid by each Member shall be sent to every Member, but only
to one (1) joint owner.
5.5 Special Assessments for Capital Improvements and Special Individual
Assessments.
5.5.1 In addition to the annual assessments authorized by Section 5.4 hereof, the
Association may levy in any assessment year a special eapital assessment for the purpose
of defraying, in whole or in part, the cost of
unexpected repair or replacement of a capital i
the Properties or Common Properties,
property relat~l thereto; provided
of a majority
or by proxy at a
Article Ill.
construction or reconstruction,
necessary fixtures and personal
such assessment that is in excess of ~
year shall have the affumative approval
regardless of class, who are voting in person
called for that purpose, as provided in Section 3.03 of
5.5.2 Upon an affmnative vote of a majority of the Members of the Board of
D'rrectors of the Association, the Association may levy spec'ml individual assessments
against individual Lot Owners for reimbursement for repairs occasioned by the willful
or negligent acts of such individual Lot Owners and not ordinary wear and tear.
5.6 Uniform Rate of Annual and Special Capital Assessments. Except as otherwise
provided in Section 5.04(b) or in this Section 5.06, both annual and special capital assessment
must be fLxed at a uniform rate for all Lots payable as set forth in Section 5.04 and Section 5.05
above. Unless a majority of the Lot Owners and their respective ftrst mortgagees have given
92005.00 14 D R A F T - 07/23/92
prior written approval, the Board of Directors of the Association sh~ll not change the pro rata
interest or obligations of any Lot (or Owner thereof) for purposes of levying annual and special
capital assessments and charges.
5.7 Date of Commencement of Assessments; Due Dates. The annual m. aintenance
assessments provided for herein shall commence on the date fixed by the Board of Direcwrs of
the Association to be the date of commencement and, except as hereinafter provided, shall be
payable monthly, quarteriy, semi-annually or annually, in advance, on the first day of each
payment period thereafter, as the case may be and as the Board of Directors shall direct. The
f'n'st annual maintenance assessment shall be made for the balance of the calendar year in which
it is levied. The amount of the annual maintenance assessment which may be levied for the
balance remaining in the first year of assessment shall be an amount which bears the same
relationship to the annual maintenance assessment provided for hereof as the
remaining number of months in that year bears that if the date
of commencement falls on other than the first day assessment for
such month shall be prorated by in the month. The due date or
dates, if it is to be paid in assessment or special assessment under
Sections 5.04 and 5.05 fLxed in the respective resolution authorizing such
assessment. Annual, and special individual assessments may be established,
collected and enforced by the Declarant at any time prior to the incorporation of the Association.
5.8 Duties of the Board of Directors with Respect to Assessments.
5.8.1 The Board of Directors of the Association shall fLX the date of
commencement and the amount of the assessment against each Lot for each assessment
period at least thirty (30) days in advance of such date or period and shall, at that time,
prepare a roster of the Lots and assessments applicable thereto which shall be kept in the
office of the Association.
92005.00 15 D R A F T - 07/23/92
5.8.2 Written notice of the assessment shall thereupon be delivered or mailed to
every Owner.
5.8.3 The Board of Directors shall upon demand at any time furnish io any
Owner liable for said assessment, a certificate in writing signed by an of..~cer of the
Association, setting forth whether said assessment has been paid. Such cer~cate shall
be conclusive evidence of payment of any assessment therein stated to have been paid.
A reasonable charge may be made by the Board for the issuance of such certificates.
2i 5.9 Effect of Non Payment of Assessment. The Personal Obligation of the Owner;
eh; Remedies of Ass~,auon.
5.9.1
(being the dates specified in Section 5.7 of this
assessment shall become delinquent and
2cost of collection thereof as
on the Lot of the non-paying
and his heirs,
shall have the
payment thereof.
If any assessment or any part thereof is not paid on the date(s) when due
unpaid amount of such
interest thereon and
thereupon become a continuing lien
.uch Lot, the Owner of such Lot
The Association
partial payments of an assessment and demand the full
The personal obligation of the then-existing Owner to pay such
assessment, however, shall remain his personal obligation and shall not pass to his
successors in title unless expressly assumed by them. However, the lien for unpaid
assessments shall be unaffected by any sale or assignment of a Lot and shall continue ia
full force and effect, bio Owner may waive or otherwise escape liability for the
assessment provided herein by non-use of the Common Properties or abandonment of his
Lot.
5.9.2 The Association may give written notification to the holder(s) of the
mortgage on the Lot of the non-paying Owner of such Owner's default in paying any
assessment when such default has not been cured within thirty (30) days after the date
such assessment was due.
92005.00 16 D R A F T - 07/23/92
5.9.3 If any assessment or part thereof is not paid when due, the unpaid amount
of such assessment shall bear interest from the date of delinquency at a rate equal to the
lesser.~~~, per annum or the maximum lawful rate, and the
/sgci~tion may, at its election, bring an action at law against the Owner personally
Jobligated to pay the same in order to enforce payment and/or to foreclose the lien against
the property subject thereto, and there shall be added to the amount of s~uch unpaid
assessment any and all costs of collection incurred by the Association, including
reasonable attorneys' fees.
5.10 Subordination of Lien to Mortgages. The lien of the assessments provided
for herein shall be subordinate and inferior to the lien of any bona fide first lien mortgage or
deed of trust or any extensions, renewals or modifications thereof now or hereafter placed upon
the Lots subject to assessment; provided, however, that such subordination shall apply only to
the assessments which have become due and payable prior to a
of such property pursuant to the terms and conditions
Such sale shall not relieve such Lots
becoming due nor from the lien
t assessment.
or private,
~ or deed of trust.
assessments thereafter
5.11 Exempt The following property subject to this Declaration shall be
exempted from the assessments, charge and lien created herein:
5.11.1 All properties dedicated and accepted by the local public authority
and devoted to public use.
5.11.2
hereof.
All Common Properties as defined in Article I and Exhibit "B"
ARTICLE VI
6 GENERAL POWERS AND DUTW~ OF BOARD OF DIRECTORS OF ~
ASSOCIATION
92005.00 17 D R A F T - 07123192
6.1 Powers and Duties. The affairs of the Association shall be conducted by its
Board of Directors. Prior to the incorporation of the Association, the Declarant shall select
and appoint the Board of Directors, each of whom shall be a Class A or Class B Member, or
an officer, employee, representative or agent of a Class A or Class B Member. From ai~d
after the effective date of the Association's incorporation, the Board of Directors shall be '~ v ~ v
Board, for the benefit of the Common Properties and the Owners, shall provide, and shall
pay for out of the maintenance fund(s) provided for in Article V above, the following:
6.1.1 Care and preservation of the Common Properties and the furnishing and
upkeep of any desired personal property for use in the Common Properties.
Expenditures for the repair or installation of capital improvements, not included in the
annual maintenance budget, may be paid from the reserve fund as specifically
provided in Section 6.05 herein.
6.1.2 Care and
and/or ornamental metal
Declarant on the
all
obscenities.
masonry screening walls
which may be constructed by
private property. Maintenance includes
and cleaning as required to remove graffiti or
6.1.3 Maintenance, should the Board so elect, of exterior grounds, drives,
parkways, streets and access areas, including care of trees, shrubs and grass, the
exact scope of which shall be further specified by the Board from time to time. In
particular, the Board shall be empowered to contract with persons or entities who
shall be responsible for the maintenance of landseap~g, trees, shrubs, grass and like
f}~'~I'~IM.,.v....v.v...~..........~....,......~.............~..---.-.....,.~~'~'fl~'l~ '$ ~.~ ~ ~
::::::::::::::::::::::::::::::::::::::::::::: ': :,:;' ~'~:~ ~'"' :'*"??~:~::" ~!:'~:~ ~'%' '::!"i: ,~'~::'? "TM ,~,
......... ~ I~ ~ . ~. . services contracted for by the
~ ....... ~ ............. ~......~.~...~ Maintenance
Board in accordance with this paragraph shall be paid for out of Association funds.
92005.00 18 DRAFT- 07/23/92
6.1.4 The services of a person or firm to manage the Association or any
separate portion thereof, to the extent deemed advisable by the Board, and the
services of such other personnel as the Board shall determine to be necessary or
proper for the operation of the Association, whether such personnel are employed
directly by the Board or by the manager.
6.1.5 Legal and accounting services.
6.1.6 Any other materials, supplies, furniture, labor, services, maintenance,
repairs, alterations, taxes or assessments which the Board is required to obtain or pay for
pursuant to the terms of this Declaration or by law or which in its opinion shall be necessary
or proper for the operation or protection of the Association or for the enforcement of this
Declaration.
6.1.7 To execute all
and to pay all taxes with regard to
assessment purposes
6.1.8 TO enter mt~l~,.~or contracts with insurance companies, taxing
authorities and the holder~9~tgage liens on the individual Lots with
respect
to:
taxes on the Common Properties, and (ii) insurance coverage of the Common
Properties, as they relate to the assessment, collection and disbursement process
envisioned by Article V hereinabove.
6.1.9 To borrow funds to pay costs of operation secured by assignment or
pledge of rights against delinquent Owners, if the Board sees fit.
6.1.10 To enter into contracts, maintain one or more bank accounts,
and generally, to have all the powers necessary or incidental to the operation and
management of the Association and the Common Properties.
92005.00 19 D R A F T - 07/23192
6.1.11 If, as, and when the Board, in its sole discretion, deems
necessary it may take action to protect or defend the Common Properties from loss or
damage by suit or otherwise, to sue or defend in any court of law on behalf of the
Association and to provide adequate reserves for repairs and replacements. "
6.1.12 To make reasonable rules and regulations for the operation and
use of the Common Properties and to amend them from time to time, provided that
any rule or regulation may be amended or repealed by an instrument in writing signed
by a majority of the Members, or, with respect to a rule applicable to less than all of
the Properties, by a majofity of the Members in the portions affected.
6.1.13 ~
Subsequent to incorporatio , ake
within one hundred twenty (120) days after ch year,
avuilable to each Owner,
an unaudited annual
6.1.14 Purs~~le VII herein, to adjust the amount, collect,
proceeds are lost property, to assess the
Members in ate am to cover the deficiency.
6.1.15 If, as and when the Board, in its sole discretion, deems
necessary it may take action to enforce the provisions of this Declaration and any rules made
hereunder and to enjoin and/or seek damages from any Owner for violation of such
provisions or rules.
6.2 Board Powers. From and after the date on which the title to the Common
Properties has been conveyed to the Association, the Board shall have the exclusive fight to
contract for all goods, services and insurance, and the exclusive right and obligation to
perform the functions of the Board, except as otherwise provided herein.
92005.00 20 D R A F T - 07/23/92
6.3 Maintenance Contracts. The Board, on behalf of the Association, shall have
full power and authority to contract with any Owner for the performance by the Association
of services which the Board is not otherwise required to perform pursuant to the terms
hereof, such contracts to be upon such terms and conditions and for such consideration ~is the
Board may deem proper, advisable and in the best interest of the Association.
6.4 Liability Limitations. Neither any Member nor the Board of Directors (or
any of them) nor the officers (if any) of the Association shall be personally liable for debts
contracted for or otherwise incurred by the Association or for a tort of another Member,
whether such other Member was acting on behalf of the Association or otherwise. Neither
the Declarant nor the Association, its directors, officers, agents or employees shall be liable
for any incidental or consequential damages for failure to inspect any premises,
improvements or portions thereof or for failure to repair or m~?~the same. The
Declarant, the Association or any other person, f'mu or cobble to make such
repairs or maintenance shall not be liable for any pe~l,al injury or other incidental or
consequential damages occasioned by any act,~q~ion in the repair or maintenance of
any
·
o }xoperties may be subject to storm water overflow, natural bank
erosion and other natural or man-made events or occurrences to extents which cannot be
defined or controlled. Under no circumstances shall Declarant ever be held liable for any
damages or injuries of any kind or character or nature whatsoever resulting from: (1) the
occurrence of any natural phenomena; (ii) the failure or defect of any structure or structures
situated on or within the Common Properties; and (iii) any act, conduct, omission or
behavior of any individual, group of individuals, entity or enterprise occurring on, within or
related to the Common Properties.
6.5 Reserve Fund. The Board may establish reserve funds, for such purposes as
may be determined by the Board, which may be maintained and accounted for separately
from other funds maintained for annual operating expenses and may establish separate,
92005.00 21 D R A F T - 07/23/92
irrevocable trust accounts in order to better demonstrate that the amounts deposited therein
are capital contributions and are not net income to the Association. Expenditures from any
such fund will be made at the direction of the Board. The Reserve Fund provided for herein
shall be used for the general purposes of promoting the recreation, health, safety, welfare,
common benefit, and enjoyment of the Owners and occupants of the subdivision, mud
maintaining the subdivision and improvements therein, all as may be more specifically
authorized from time to time by the Board of Directors. Capital expenditures from this fund
may include by way of example, but not be limited to, drainage channel improvements or
other ~l~alr of major damage to the Common Properties not covered by insurance.
7
ARTICLE VII
INSURANCE; REPAIR AND RESTORATION
7.1 Right to Purchase Insurance.
option to purchase, cam/and maintain in
Common Properties,
the Association and of all 1
and coverage as shall
construction, location and use to the Properties.
be limited to:
right and
any or all portions of the
tppurtenant thereto, for the interest of
in such amounts and with such endorsements
good sound insurance coverage for properties similar in
Such insurance may include, but need not
7.1.1 Insurance against loss or damage by fu'e and baTards covered by a
standard extended coverage endorsement in an amount which shall be equal to the
maximum insurable replacement value, excluding foundation and excavation costs as
determined annually by the insurance carrier.
7.1.2 Public liability and property damage insurance on a broad form basis.
92005.00 22 D R A F T - 07/23/92
7.1.3 Fidelity bond for aH officers and employees of the Association having
control over the receipt or the disbursement of funds in such penal sums as shall be
determined by the Association in accordance with its Bylaws.
7.1.4 Officers and directors liability insurance.
7.2 Insurance Proceeds. Proceeds of insurance shah be disbursed by the insurance
carrier to the Association or contractors designated by the Association as the Board of
..... ~ ..... ~ ~ ..'.',.'~t~ ~: ~ ~*: ~::~ · ~..
Directors may direct;
proceeds of
insurance paid to the Ass~l~l~gq~lh'tred in this Article, remaining after
satisfactory completion of rep_~ent, shall be retained by the Association as part
of a general reserve fund fo~'p~replacement of the Common Properties.
7.3 lnmfficient Proceeds. If the insurance proceeds are insufficient to repair or
replace any loss or damage, the Association may levy a special assessment as provided for in
Article V of this Declaration to cover the deficiency. If the insurance proceeds are
insufficient to repair or replace any loss or damage for which an Owner is bound hereunder,
such Owner shall, as such Owner's undivided responsibility, pay any excess costs of repair
or replacement.
7.4 Mortgagee Protection. There may be attached to all policies of insurance
against loss or damage by fh'e and other hazards, a mortgagee's or lender's loss payable
clause; provided, however, that amounts payable under such clause to the mortgagee may be
92005.00 23 D R A F T - 07/23/92
paid to the Association to hold for the payment of costs of repair or replacement, ~
:7 ~ ~ ~ :~:. * . The Association shall be responsible to hold said
monies or to collect additional monies if the proceeds are insufficient to pay for the cost of
all repairs or replacements and shall ensure that all mechanic's, mat~fialmen's and similar
Liens which may result from said repairs or replacements, are satisfied.
7.5 Destruction of Improvements on Individual Lots. In the event of
destruction (total or partial) to the improvements on any individual Lot due to f'ue or any
other cause each Lot Owner covenants and agrees to complete all necessary repairs or
reconstruction of the damaged improvements within one (1) year of the date that the damage
Occurs.
8
ARTICLE VIH
USE OF COMMON PROPERTIES
The Common Properties
follows:
8.1 Restricted by Owners. No Owner shall permit anything to be done
on or in the Common Properties which would violate any appLicable public law or zoning
ordinance or which will result in the cancellation of or increase of any insurance carried by
the Association, or which would be in violation of any law. No waste shall be committed in
the Common Properties.
8.2 Damage to the Common Properties. Each Owner shall be liable to the
Association for any damage to the Common Properties caused by the negligence or willful
misconduct of the Owner or such Owner's family, guests, pets, or invitees.
8.3 Rules of the Board. All Owners and occupants shall abide by any rules and
regulations adopted by the Board. The Board shall have the power to enforce compliance
with said mles and regulations by all appropriate legal and equitable remedies, and an Owner
92005.00 24 D R A F T - 07123192
determined by judicial action to have violated said roles and regulations shall be liable to the
Association for all damages and costs, including reasonable attorney's fees.
ARTICLE IX
USE OF PROPERTIES AND LOTS - PROTECTIVE COVENANTS
The Properties and each Lot situated thereon shall be constructed, developed,
occupied and used as follows:
9.1 Public Use Permitted. Any restrictions contained herein shall not be intended
to restrict or prohibit, and shall not restrict or prohibit the State of Texas or any political
subdivision thereof, including independent school districts, from using any of the property
affect~l hereby for public purposes, regardless of the ~.e~.~,,
9.2 ResidentialPurposes. ~~%g land and improvements) shaHbe%~'
shall use or occupy such~l~li~, or permit the same or any part thereof to be used or
occupied, for any purposeo~ne:r than as a private single family detached residence for the
Owner or such Owner's tenant and their families and domestic servants employed on the
premises. As used herein the term "single family residential purposes" shall be deemed to
prohibit specifically, but without limitation, the use of any Lot for duplex apartment, garage
apartment, or other apartment use.
9.3 Minlmnm Lot Area. Any loL.~i___th~-p~n~ e hundred (900) feet of Coppell Road
shall contain at least seven thousand (7~4~00)~quare f~. All other lots
shah
contain
at
least
,~.._..........
nine thousand (9,000) square feet. ~~ii~~"'~i~
'''r .............
92005.00 25 D R A F T - 07/.?3/92
9.4 ~llnim~lm Floor Space. All floor areas referenced below are for air
conditioned floor area, exclusive of porches, garages, or breezeways attached to the main
dwelling. Each dwelling constructed in the subdivision shall contain the minimum square
footages as follow:
9.4.1
hundred (1,800) square feet minimum.
9.4.2 Block B, Lots 45-79;
19-25: two thousand (2,000)
9.5
Block A, Lots 1-12; and Block B, Lota 1-41~:n~i~p thousand eight
and Block D, Lots 1-10 and
92005.00 26 D R A F T - 07/23/92
9.6 Setback Requirements and Building Location. All front, side, and rear
setbacks must be approved by the Architectural Control Committee and must meet .the
requirements of the City of Coppell Development Code and the requirements of th~ Plat of
the Properties. The location of the main residence on each Lot and the facing of the main
elevation with respect to nearby streets shall be subject to the approval of the Architectural
Control Committee.
9.7
stories except with the express written permission
However, no building or structure on any Lot
allowed by the City of Coppell,
with the method approved
Height. No building or structure on any Lot shall contain more that two (2)
Committee.
height, the maximum height
determined in accordance
9.8 must be accessible to an adjoining street or alley, by a
driveway suitable purposes and approved in writing as to design and location by the
Architectural Control Committee before the residential structure located on any such LOt may
~ ..~.~ ...... ~ ....... ~...~ ....... ~ ~.~. ~..
be occupied or used. ~ ........... ~..~...~>.~.~.G~..~,~ ............. ~,~;.~i..~.~.~.~.~
9.9 Access. No driveways or roadways may be constructed on any LOt to provide
access to any adjoining Lot except as expressly provided on the Plat, or otherwise approved
by the Architectural Control Committee.
9.10 Drainage. Neither the Declarant nor its successors or assigns, shall be liable
for any loss of, use of, or damage done to, any shrubbery, trees, flowers, improvements,
fences, sidewalks, driveways, or buildings of any type or the contents thereof on any Lot
92005.00 27 D R A F T - 07/23192
mused by any water levels, rising waters, or drainage waters. After building construction,
all Lots will be graded so that surface water will flow to streets, alleys, or dlmins~e ways.
9.11 Utilities. Each residence situated on a Lot shall be connected to the Water
and sewer lines as soon as practicable after same are available at the Lot line. No.privy,
cesspool, or septic tank shall be placed or maintained upon or in any LOt. However,
portable toilets will be allowed during building construction. The installation and use of any
propane, butane, LP Gas or other gas tank, bottle or cylinder of any type (except portable
gas grills), shall require the prior written approval of the Architectural Control Committee,
and, if so approved, the Architectural Control Committee may require that such tank, bottle
or cylinder be installed underground. Any control boxes, valves, connections, utility risers
or refilling or refueling devices shall be completely landscaped with shrubbery so as to
obscure their visibility from the streets within ,or adjoining th~es or from any other
Lot. ~'
9.12 Construction
9.12.1 exterior surface of all residential dwellings shall be
constructed of glass, brick, stone, or other materlal~ approved by the Architectural
Control Committee. It is specifically required that the exterior wall area of each
residence ocated wit the mponies sh U not ave ess
~, brick veneer, stone, stone veneer or masonry construction, ~~ and the
exterior portion of any fu'eplace chimney shall be one hundred percent (100%) brick,
stone or mason.
surface area of windows surrounded eomplctely by brick or stone may be included
within the computation of the exterior brick or stone wall area of a residence. No
previously used materials, other than antique brick, shall be permitted on the exterior
of the residential structures located within the Properties. No brick, stone or masonry
used on the exterior of any residential dwelling, outside walls, fence, walkway or
92005.00 28 D R A F T - 07~23~92
other improvement or structure constructed on any Lot shall be painted unless
otherwise permitted by the Architectural Control Committee.
9.12.2 All roofs shall be constructed of thirty (30) year, three hundred
(300) pound composition shingles or better. The Architectural Control Com. mittee
will only approve roofing materials which are of the highest grade and quaiity and
which are consistent with the external design, color and appearance of other
improvements within the subdivision. All roof'mg materials shall be approved in
writing by the Architectural Control Committee prior to the installation of such
materials and shall be otherwise in compliance in all respects with applicable City of
Coppell ordinances. The roof pitch of any structure shall be
9.12.3
Architectural Control Committee.
surfaces such as address numbers or
paint and stain, shall be
All siding must be painted or stained in . color approved by the
and
mail chutes, and exterior
tpproval of the Architectural
that prior approval shall not be required for
does not change exterior colors or appearances.
9.12.4 Sidewalks shall be constructed in the public right of way across
the front of each Lot. In the case of comer Lots, such sidewalks shall also be
constructed along the side of the Lot. All sidewalks shall be constructed to the City
of Coppell standards for reinforced concrete sidewalks. The plans for the reside~tlal
building on each
Lot shall include plans and specifications for all proposed sidewalks, and such sidewalks shall be
constructed and completed before the main residence is occupied.
92005.00 29 D R A F T - 07/23/92
9.12.5 Each residential structure shuli have installed on the outside wall thereof a service
riser conduit, the location and length of such conduit to be subject to the approval of the Architectural
Control Colnmittee.
9.12.6 No above ground-level swimming pools shall be installed on any. Lot.
9.12.7 All exterior construction of the primary residential structure, garage,
porches, and any other appurtenances or appendages or every kind and character on
any Lot and all interior construction (including, but not limited to, all
plumbing fixtures installed and operational, all cabinet work completed, all interior walls, ceilings, and
doors shall be completed and covered by paint, wallpaper, paneling, or the like, and all floors covered by
wood, carpet, tile or other similar floor covering) shall be
the commencement of construction. For the pusposes hereof,~
shall be deemed to mean the date on which
later than one (1) year following
of construction"
9.12.8 No placed or permitted to remain above the roof of
any residential building with of one or more chimneys and one or more vent stacks, without
the written permission of the Architectural Control Committee.
9.13 Garages. Each residential dwelling erected on any Lot shall provide garage space for a
g~: . :~ ~ :,: ~!tl~ · ~ doors shall be closed at all times when not is use. No detached
garages ~~ shall be permitted on the Properties. No caxI~n shall be built,
placed, constructed or reconstructed on any Lot. As used herein, the term *'carport" shall not be deemed to
include a porte cochere. No garage shall ever be changed, altered, reconstructed or otherwise converted for any
purpose inconsistent with the garaging of automobiles. Porte cocheres must be approved in writing by the
Architectural Control Committee. Each garage shall open only to the rear of the Lot or to the alley abutting such
Lot so as not to directly face a residential street; provided, however, Lots with side alleys may have side entry
garages, and Lots 10-17 of Block D shall have front entry garages.
92005.00 30 D R A F T - 07/23192
9.14 Landscapin~ and Sprinkler System. Any and all plans for the landscaping of front yards and of
side yards not enclosed by solid fencing, including alterations, changes or additions thereto, shall be subject to the
approval of the Architectural Control Committee. Weather permitting, each Lot shall be fully landscaped within
one hundred twenty (120) days from the date on which the residence thereon is ninety-five percent' (95 %)
complete. Each Lot Owner shall be responsible for maintaining his own landscaping in a he41. thy condition.
9.15 Retaining Walls. Retaining walls may be constructed to achieve even grades for landscaping,
pools, driveways or house foundations, any such retaining wall must be uniform in height with a fiat top and must
be constructed of compatible masonry materials approved by the Architectural Control Committee, which shall be
consistent with the overall appearance of the residential dwelling. ~ii~t~g!i~~~.~i~%~
9.16
approval of the Architectural Control Committee
shall be subject to the prior
erected, placed or altered on any I
on the recorded plat of the'
hedge shall exceed eight (8) feet in height.
Fences. No fence, wall or hedge shall be
Control Committee.
or altered on any Lot without the
in the construction of fences
No fence, wall or hedge shall be
street than the minimum front building setback line indicated
by the City of Coppell Zoning Ordinance. No fence, wall or
Unless otherwise approved by Architectural Control Committee no
chain link fences or other wire type fences shall be erected on any Lot. All service and sanitation facilities,
clothes lines, wood piles, tool sheds, pool equipment and air conditioning equipment must be enclosed within
fences, walls and/or landscaping so as not to be visible from the immediate residential street. Upon submission of
a written request for same,'the Architectural Control Committee may, from time to time, at its sole discretion,
permit Owners to construct fences or walls which are in variance with the provisions of this paragraph where in
the opinion of the Architectural Control Committee, the fence or wall is an integral part of the home. No
member of the Architectural Control Committee shall be liable to any Owner for any claims, causes of action, or
damages arising out of the grant of any such variance to any Owner. Each request for a variance submitted under
this paragraph shall be reviewed separately and apart from other such requests and the grant of a variance to an
Owner shall not constitute a waiver of the Architectural Control Committee's right to strictly enforce the
restrictions provided hereunder against any other Owners. Fencing shall be constructed in accordance with the
following restrictions based on the location of such fencing.
92005.00 31 D R A F T - 07/23/92
9.16.1 General Fencing. Fencing shall be of wood material, provided that such wood fence
is of spruce material or better, has shts four (4) to eight (8) inches wide which axe installed vexlically only
(not horizontally or diagonally), is no higher than eight (8) feet, and is not painted or stained on any
surface facing a street, alley, greenbelt, adjoining Lot, or Common Property. Decorative metal fence may
be approved at the sole discretion of the Architectural Control Committee.
f'mished side of the fence shall face Minyard Drive. It is the
frontage along Minyard Drive.
9.16.2 Fencing Adjacent to Minyard Drive. Side yard fencing abutting the Minyard Drive
right-of-way shall be constructed by the Homebuilder to the Standard Detail on Exhibit "C". Fencing shall
be installed from the rear property line along the side lot line to within twenty-five (25) feet of the front
building line, but in no case shall said fencing be installed closer than ten (10) feet to the front building
line. Fencing shall be 6'-0" tall with 1 x 4 cedar board on board facing and a 2 x 6 cedar cap. Slates
shall be installed vertically (not horizontally or diagonally) and shall not be painted or stained. This
restriction to provide ~uniform
9.16.3
adjacent and parallel to
separated from the screen
No fencing shall be allowed
installed by the Declarant, unless such fencing is
Fencing perpendicular to the screen wall shall be allowed to
enclose rear yards; however, this fence shall not exceed the height of the screenwall within twenty (20) of
its connection to the screenwall.
9.17 Trash Receptacles and Collection. Each Lot Owner shall make or cause to be made appropriate
arrangements with the City of Coppell, Texas, for collection and removal of garbage and trash on a regular basis.
If the Lot Owner fails to make such provisions, the Association may do so and assess the costs thereof to the Lot
Owner. Each and every Lot Owner shall observe and comply with any and all regulations or requirements
promulgated by the City of Coppell and/or the Association, in connection with the storage and removal of trash
and garbage. All Lots shall at all times be kept in a healthful, sanitary and attractive condition. No Lot shall be
used or maintained as a dumping ground for garbage, trash, junk or other waste matter. All trash, garbage, or
waste matter shall be kept in tightly sealed bags or other containers approved by the City of Coppell which shall
be maintained in a clean and sanitary condition. A LOt Owner may place trash where designated by the City of
92005.00 32 D R A F T - 07/23/92
Coppell, Texas, only on those days designated by the City of Coppell, Texas as trash collection days. No Lot
shall be used for open storage of any materials whatsoever, except that new building materials used in the
construction of improvements erected on any Lot may be placed upon such Lot at the time construction is
commenced and may be maintained thereon through completion of construction. No garbage, trash, debris, or
other waste matter of any kind shall be burned on any Lot.
9.18 Exterior Lighting. No exterior light, including landscape lighting, shall be installed or maintained
on any Lot without the prior approval of the Architectural Control Committee. Further, notwithstanding such
prior approval, upon being given notice by the Committee that any exterior light is objectionable, the Owner of
the Lot on which same is located will immediately remove said light or shield the same in such a way that it is no
longer objectionable.
9.19
be used, erec~l, placed or maintained on or in any residential
Window Coolers. No window or wall type air-conditioner~ll~'coolers shall be permitted to
any part of the Properties.
9.20 Antenna Restrictions. No wires or antennas shall be maintained on the
outside of any building nor shall any of any style be permitted. All radio or television
aerial wires or antennas must be built within the main structure and must not be visible from outside of such
structure. Satellite dishes shall be permitted only if they are not visible from any street, alley, Common Property
or adjoining Lot and do not extend above the height of the fence.._NoCwithstandi~'anything mentioned above,
installation of any satellite dish will require the approval of the Architectural Control Committee.
9.21 Temporary Structures and Vehicles. No temporary structure of any kind shall be erected or
placed upon any Lot. No trailer, mobile, modular or prefabricated home, tent, shack, barn or any other structure
or building, other than the residence to be built thereon, shall be placed on any Lot, except for a sale, pre-sale or
construction trailer; provided, however, that Declarant reserves the exclusive right to erect, place and maintain,
and to permit builders to erect, place and maintain such facilities in and upon the Property as in its sole discretion
may be necessary or convenient during the period of and in connection with the sale of Lots, construction and
selling of residences and constructing other improvements on the Property. Such facilities may include, but not
necessarily be limited to, a temporary office building, storage area, signs, portable toilet facilities and sales office.
92005.00 33 D R A F T - 07/23/92
Declarant and builders shall also have the temporary right to use a residence situated on a Lot as a temporary
office or model home during the period of and in connection with construction and sales operations on the
Property, but in no event shall a builder have such right for a period in excess of one (1) year from the date of
substantial completion of his last residence on the Properties. Any track, bus, boat, boat trailer, trailer, mobile
home, camper or any other vehicle other than conventional automobile shall, if brought wit~. the Properties, be
stored, placed or parked within the garage of the appropriate Lot Owner and concealed from 'view by other Lot
Owners, unless the Architectural Control Commit~e, in its sole discretion, directs otherwise.
9.22 Parking. On-street parking is restricted to approved deliveries, pick-up or sholl-time guests and
invitees and shall be subject to such reasonable rules and regulations as shall be adopted by the Board of
Directors. Parking in driveways is permitted.
9.23 Signs. No sign or signs shall
Architectural Control Committee, except
reasonable and necessaxy for the
builder, during the
without the prior approval of the
may erect and maintain a sign or signs deemed
operation, promotion and sale of the Lots; (2) any
sales period, may utiliT¢ one professional sign, (of not more
than (9) square feet in size) per LOt for advertising and sales purposes, provided that such sign must be approved
by thc Architectural Control Committee; (3) thereafter, a dignified "for sale" or "for rent" sign (of not more than
nine (9) square feet in size) may be utili?ed by the Owner of the respective Lot for thc applicable sale or rent
situation; (4) development-related signs owned or erected by Declarant shall be permitted; and (5) signs displaying
the name of a security company shall be permitted, provided that such signs are (i) ground mounted, (ii) limited to
two (2) in number (one in the front yard and one in the back yard); and Cfii) of a reasonable size.
Notwithstanding anything herein contained to the contrary, any and all signs, if allowed, shall comply with all
sign standards of the City of Coppell, Texas, as such standards may be applicable to the Properties.
9.24 Removal of Dirt. The digging of dirt or the removal of any dirt from any Lot is prohibited, except
as necessary in conjunction with landscaping or construction of improvements thereon. Minimum £mished floor
elevations established on the Plat shall be maintained. Any excess dirt generated from construction of the
dwelling or landscape construction (i.e. pools) shall be removed from the Properties. The Association may at its
92005.00 34 D R A F T - 07/23/92
sole discretion permit excess soil to be disposed of on the lh'operties providing, however, that approval by the
Association sh~ll be ill writing.
If, in the opinion of the Association, an Owner or occupant has violated this provision, then the
Association may give such person written notice of such violation and such person must, witlgn ten (10) days after
receiving such notice, remove excess soil from the Properties or make arrangements with the' Association for
removal of excess soil from the Properties. Should any such person fail to fulfill this duty and responsibility
within such period, then the Association, through its authorized agents, shall have the fight and power to enter
onto the premises and perform such removal without any liability for damages for wrongful entry, trespass or
otherwise to any person. The Owners and occupants (including lessees) of any part of the Properties on which
such work is performed shall jointly and severally be liable for the cost of such work (such costs constituting a
special individual assessment as specified in Section 5.5.2 hereof) and shall promptly reimburse the Association
for such costs. If such Owner or occupant shall fail to reimburse the Association within thirty (30) days after
receipt of a statement for such work from the Association, then said indebtedness
persons jointly and severally, and shall constitute a lien against that portion
was performed. Such lien shall have the same attributes as the
forth in this Declaration and shall be subordinate to any
hereof; and the Association shall have
the fight of foreclosure.
be adept of all said
on which said work
assessments set
with Section 5.10
all respects, including but not limited to
9.25 Drilling and Mining Operations. No oil drilling, water drilling or development operations, oil
refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shah oil wells,
water wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other
structure designed for use in boring for oil, natural gas or water shall be erected, maintained or permitted upon
any Lot.
9.26 Offensive Activities. No noxious or offensive activity shall be conducted on any Lot nor shall
anything be done thereon which is or may become an annoyance or nuisance to the other Lot Owners. No
animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other
92005.00 35 D R A F T ~ 07/23/92
household pets (not to exceed three O) adult animals) may be kept, provided that they are not kept, bred or
maintained for commercial purposes.
9.27 Duty of Maintenance.
9.27.1 Owners and occupants (including lessees) of any Lot shall jointly and severally have
the duty and responsibility, at their sole cost and expense, to keep the Lot so owned Ar occupied, including
buildings, improvements, grounds or drainage easements or other rights-of-way incident thereto, and
vacant land, in a well-maintained, safe, clean and attractive condition at all times. Such maintenance
includes, but is not limited to, the following:
9.27.1.1
9.27.1.2
9.27.1.3
9.27.1.4
9.27.1.5
9.27.1.6
9.27.1.7
9.27.1.8
9.27.1.9
9.27.1.10
Prompt removal of all litter, trash,
Lawn mowing on
Tree and shrub
waste;
lighting and maintenance facilities ia working order;
lawn and garden areas alive, free of weeds, and attractive;
Keeping parking area and driveways in good repair;
Complying with all government health and police requirements;
Repair of exterior damages to improvements;
Cleaning and maintaining of landscaped areas lying between street curbs and
Lot lines, unless such streets or landscaped areas are expressly designated to be Common Properties
maintained by applicable governmental authorities or the Association; and
9.27.1. I 1 Repainting of improvements.
9.27.2 If, in the opinion of the Association, any such Owner or occupant has failed in any of
the foregoing duties or responsibilities, then .the Association may give such person written notice of such
failure and such person must within ten (10) days after receiving such notice, perform the repairs and
maintenance or make arrangements with the Association for making the repairs and maintenance required.
Should any such person fail to fulf'fll this duty and responsibility within such period, then the Association,
through its authorized agent or agents, shall have the right and power to enter onto the premises and
92005.00 36 D R A F T - 07/23/92
perform such repair and maintenanc~ without any liability for damages for wrongful entry, trespass or
otherwise to any person. The Owners and occupants (including lessees) of any part of the Properties on
which such work is performed shall jointly and severally be liable for the cost of such work (such costs
constituting a special individual assessment as specified in Section 5.05(b) hereof) and shsli' promptly
reimburse the Association for such cost. If such Owner or occupant shall fail to reimburse the Association
within thirty (30) days after receipt of a statement for such work from the Association, then said
indebtedness shall be a debt of all said persons jointly and severally, and shall constitute a lien against that
portion of the Properties on which said work was performed. Such lien shall have the same attributes as
the lien for assessments and special assessments set forth in this Declaration and shall be subordinate to
any mortgage or deed of trust in accordance with Section 5.10 hereof; and the Association shall have the
identical powers and rights in all respects, including but not limited to the right of foreclosure.
9.27.3 ~h~'~.TM 9.2 ~6~ve,
of
any Lot shall fail to control weeds, grass and/or other unsig~,
authority and right to go onto said Lot for the purpose
authority and right to assess and collect
~~j for mowing
cleaning. If, at any time, weeds or
Association shall have the
Notwithstanding the provisions of Section 9.2 if, at any time, an Owner
the Association shall have the
and cleaning said Lot and shall have the
..... . .
Lot a sum up to
respective occasion of such mowing or
growth on the Lot exceed six inches (6") in height, the
' to mow and clean the Lot, as aforesaid. The assessments,
together with such interest thereon and costs of collection thereof, shall be a charge on the land and shall
be a continuing lien upon each Lot against which each such assessment is made. Each such assessment,
together with such interest thereon and cost of collection thereof, shall also be the continuing personal
obligation of the person who was the Owner of such Lot at the time when the assessment occurred. Each
and every Owner of any Lot, by the acceptance of a deed or other conveyance of such Lot shall thereby
covenant and agree to pay such assessments. The lien securing any such assessment shall be subordinate
and inferior to the lien of any mortgage or deed of trust in accordance with Section 5.10 hereof.
9.28 Maintenance of Common Properties. The Common Properties (including landscaping comprising
portions of the Common Properties) are described, in part, on Exhibit "B" attached hereto. All landscaping and
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improvements placed or erected on the Prope~es by Declarant and identified on Exhibit "B" shall be owned and
maintained by the Association.
10
ARTICL~ X
ARCHITECTURAL CONTROL COMMITT~
10.1 Architectural Control Committee. The Architectural Control Committee, hereinafter called "the
Committee~, shall be composed of three (3) individuals selected and appointed by the Declarant. The Committee
shall function as the representative of the Owners of the Lots for the purposes herein set forth as well as for all
other purposes consistent with the creation and preservation of a first-class residential development.
A majority of the Committee may designate a representative to act for it. In the event of the death or
resignation of any member of the Committee, the remaining members shall have full authority to designate and
appoint a successor. Each member of the Committee,
any compensation for services performed hereunder nor be liable for
(except where occasioned by gross negligence or arbitrary
performed pursuant to this covenant. At any
Directors, all of the Declarant's power
neither be entitled to
s, of action or damages
arising out of services
delegate and assign to the Board of
the membership of the Committee, to withdraw or add
powers and duties from or to the Committee, or to restore the powers and duties of the Committee. Such action
by the Declarant shall be effective upon recordation of a written instrument properly reflecting same.
10.2 Architectural Approval. No building, structure, paving or improvement
of any nature shall be erected, placed or altered on any Lot until the plot plan showing the location of such
building, structure, paving or improvement, construction plans and specifications thereof and landscaping and
grading plans therefor have been submitted to and approved in writing by the Committee as to: (i) location with
respect to Lot lines and finished grades with respect to existing topography, (ii) conformity and harmony of
external design, color, and texture with existing structures and existing landscaping, (iii) quality of materials;
adequacy of site dimensions; proper facing of main elevation with respect to nearby streets; and (iv) the other
92005.00 38 D R A F T - 07/23/92
standards set forth within this Declaration. The Committee is authorized to request the submission of samples of
proposed construction materials or colors of proposed exterior surfaces.
Final plans and specifications shall be submitted in duplicate to the Committee for approval' or disapproval.
At such thne as the plans and specifications meet the approval of the Committee one eomplet.e set of plans and
specifications will be retained by the Committee and the other complete set of plans will be marked "Approved"
and returned to the Lot Owner. If found not to be in compliance with these Covenants and Restrictions, one set
of such plans and specifications shall be returned marked "Disapproved", accompanied by a reasonable statement
of items found not to comply with these Covenants and Restrictions. Any modification or change to the approved
set of plans and specification which materially affects items (i) through (iv) of the preceding paragraph must again
be submitted to the Committee, for its inspection and approval. The Committee's approval or disapproval as
required herein shall be in writing, ff the Committee, or its designated representative, fails to approve or
disapprove such plans and specifications within thirty (30) days after they haygl~ submitted to it, then
Committee approval shall be presumed. ~
The Committee is authorized
construction, construction of other '
and may disapprove aspects thereof which
living enjoyment of one or more Lot
review any and all aspects of dwelling
quality and quantity of landscaping on the Lots,
opinion of the Committee, adversely affect the
general value of the Properties. As an example, and not by
way of limitation, the Committee may impose limits upon the location of window areas of one residential dwelling
which would overlook the enclosed patio area of an adjacent residential dwelling. Also, the Committee is
permitted to consider technological advances in design and materials and such comparable or alternative
techniques, methods or materials may or may not be permitted, in accordance with the reasonable opinion of the
Committee. The Committee may, from time to time, publish and promulgate architectural standards bulletins;
such bulletins shall supplement these Covenants and Restriction and are incorporated herein by reference. The
Committee shall have the authority to make fmal decisions in interpreting the general intent, effect and purpose of
these Covenants and Restrictions.
10.3 Variances. Upon submission of a written request for same, the
92005.00 39 D R A F T - 07/23/92
Comm{tt~ may, fwm time to time, in its sole discretion, permit Lot Owners to construct, erect, or install
improvements which are in variance from the architectural standards, these Covenants and Restrictions, or
previously published architectural bulletins which are pwvided in this Declaration or which may be promulgated
in the future. In any case, such variances shall be in basic conformity with and shall blend effectively with the
general axchitectural style and design of the community. No member of the Committee shall.be liable to any Lot
Owner for any claims, causes of action, or damages arising out of the grant of any variance ~o a Lot Owner.
Each request for a variance submitted hereunder shall be reviewed separately and apart from other such requests
and grant of a variance to any Lot Owner shall not constitute a waiver of the Committee's right to strictly enforce
the Covenants and Restrictions and architectural standards provided hereunder against any other Lot Owner.
10.4 Nonconforming and Unapproved Improvements. The Association may require any Owner to
restore such Owner's improvements to the condition existing prior to the construction thereof (including, without
limitation, the demolition and removal of any unapproved improvement) ff such improvements were commenced
or constructed in viohtion of this Declaration. In addition,
cause such restoration, demolition and removal and levy
assessment against the Lot upon which such impwvements
obligation to do so,
as a special individual
10.5
directors, members, employees or agents
and specifications to any of them for
No Liability. Neither Declarant the Committee, the Board, nor the officers,
shall be liable in damages to anyone submitting plans
~or to any Owner of property affected by these Covenants and
Restrictions by reason of mistake in judgment, negligence, or nonfeasance arising out of or in connection with the
approval or disapproval or failure to appwve Or disapprove any such plans or specifications. Every person who
submits plans or specifications and every Owner agrees that he will not bring any action or suit against Declarant,
the Association, the Committee, the Board, or the officers, directors, members, employees or agents of any of
them, to recover any such damages and hereby releases, remises, and quitclaims all claims, demands and causes
of action arising out of or in connection with any judgment, negligence or nonfcasance and hereby waives the
provisions of any hw which pwvides that a general release does not extend to claims, demands and causes of
action not known at the time the release is given. Plans and specifications are not approved for engineering or
structural design or adequacy of materials, and by approving such plans and specifications neither the Committee,
92005.00 40 D R A F T - 07123192
the members thereof, the Declarant nor the Association assumes liability or responsibility therefore, nor for any
defect in any structure constructed from such plans and specifications.
11 EASEMF. NTS
11.1 Ingress and Egress by the Association. Full rights of ingress and egress shall be had by the
Association at aH times over and upon each Lot for the maintenance and repair of each Lot and the Common
Properties in accordance with the provisions hereof, and for the carrying out by the Association of its functions,
duties and obligations hereunder; provided, that any such entry by the Association upon any Lot shaH be made
with as little inconvenience to the Owner as practical, and any damage caused by the Association's entry, other
than damages caused by the Owner, shall be repaired by the Association at the expense of the Association.
11.2 General. The rights and duties of the Owners of Lots withi~
sewer, water, electricity, telephone and cable television lines and
following:
with respect to sanitary
shaH be governed by the
11.2. ! Wherever sanitary connections, natural gas, electricity,
telephone or cable television lines or are installed within the Properties, which
connection lines or facilities or any portion thereof lie in or upon Lots owned by any party other than the
Owner of a Lot served by said connections, lines or facilities, such Owners of Lots served shaH have the
right, and are hereby granted an easement to the full extent necessary therefore, to enter upon the Lots
within the Property within or upon which said connections, lines or facilities or any portion thereof lie to
repair, replace and generally maintain said connections as and when the same may be necessary.
11.2.2 Wherever sanitary sewer and/or water service connections, natural gas, electricity,
telephone or cable television lines or drainage facilities are installed within the Property, which connections
serve more than one Lot, the Owner of each Lot served by said connections shaH be entitled to the full use
and enjoyment of such portions of said connections which service such Owner's LOt.
92005.00 41 D R A F T - 07/23192
11.3 Reservation of Easements. Easements over the Lots and Common
Properties for the installation and maintenance of electric, telephone, cable television, water, natural gas and
sanitary sewer lines and drainage facilities are hereby reserved by Declarant, Wgetber with the right to grant and
transfer same. "
11.4 Surface Areas of Utility Easements. Easements for installations and maintenance of utilities are
reserved as shown and provided for on the Plat. Underground electric, natural gas and telephone service shall be
available to all Lots in the subdivision. Easements for the underground service may be crossed by driveways,
walkways, patios, brick walls and fences, provided the Declarant or builder makes prior arrangement with the
utility companies furnishing electric, natural gas and telephone service and provides and installs any necessary
conduit of approved type and size under such driveways, walkways, patios, brick walls or fences prior to
construction thereof. Such casements for the underground service shall be kept clear of all other improvements,
and neither the grantee nor any utility company using the casements shall be liable f~my damage done by either
of them or their assigns, agents, employees or servants, to shrubbery, trees~N~ther improvements
(other than for damages caused in crossing driveways, walkways,~v .~rick'~ldls' XX'~''or fences, providing conduit
has been installed as outlined above)of the Owner located~~e~red~'"'~
by
said
easements.
11.5 Emergency and Sen, ice Vehi~'~sement is hereby glant~l toall police, firo protection,
ambulance and other emergency vehicles and other service vehicles to enter upon the Common Properties,
including but not limited to private drives, 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
Properties and private drives to render any service.
11.6 Universal Easement. Each Lot and its Owner within the Properties is hereby declared to have an
casement not to exceed one (1) foot in width, and the same is hereby granted to Declarant, over all adjoining Lots
and Common Properties for the purpose of accommodating any encroachment due to engineering errors, errors in
original construction, settlement or shifting of the building, or any other cause. There shall be easements for the
maintenance of said encroachment, settling or shifting; provided, however, that in no event shall an casement for
encroachment be created in favor of an Owner or Owners if said encroachment occurred due to willful misconduct
of said Owner or Owners. Each of the casements bereinabove referred to shall be deemed to be established upon
92005.00 42 D R A F T - 07/23/92
the recordation of this Declaration and shall be appurtenant to the Lot being serviced and shall pass with each
conveyance of said Lot.
11.7 Easement for Maintenance and Repair of Lakes and Banks of Lakes. Declarant' does hereby
perpetually dedicate, establish, create and set aside a non-exclusive ten (10) foot wide easement over, across and
upon the Properties, such easement to extend ten (10) feet in width (measured from lake hard edge or 100 year
flood limit whichever is less) along and around the entire length of any lakes and drainage ways situated on the
Common Properties. Such easements are reserved for the exclusive benefit of Declarant and the Association,
their respective successors and assigns, for the maintenance of the lake or lake edge situated within the Common
Properties.
11.8
and repair of the perhneter screening walls and the associated landscape and
alter, paint or otherwise use such walls even though such walls
such Owner's Lot. It is the responsibility of individual Lot Owners to
which is enclosed by the wall on their respective Lots, as
Association retains the right to enter upon the Properties and
Wall and Landscape Easement. Easements have been established on the Plats for the maintenance
LOt Owners shall not
within this easement
6.01(c), however, the
maintenance as necessary.
GENERAL PROVISIONS
12.1 Duration. The Covenants and Restrictions of this Declaration shall run with and bind the land
subject to this Declaration, and shall inure to the benefit of and be enforceable by the Association and/or the
Owner of any land subject to this Declaration, their respective legal representative, heirs, successors and assigns,
for a term of thirty-five (35) years from the date that this Declaration if recorded in the office of the County Clerk
of Dallas County, Texas, after which time said Covenants and Restrictions shall be automatically extended for
successive periods of ten (10) years unless an instrument is signed by the Members entitled to cast seventy percent
(70%) of the votes of the Association in the aggregate, regardless of class, and has been recorded in the Deed
Records, Dallas County, Texas, agreeing to abolish these Covenants and Restrictions in whole or a substantial
92005.00 43 D R A F T - 07/23/92
portion thereof; provided, however, that no such agreements to abolish shall bo effective unless made and
recorded one (1) year in advance of the effective date of such abolishment.
12.2 Amen&merits. Notwithstanding Section 12.01 of this Article there Covenants and Restrictions may
be amended and/or changed in part as follows:
12.2.1 during the ten (10) year period immediately following the date of recordation of these
Covenants and Restrictions, the Declarant may amend or change these Covenants and Restrictions with the
consent of at least fifty-one percent (51%) of a quorum of the outstanding votes of all Members of the
Association, regardless of class;
12.2.2 in all other situations, these Covenants and Restrictions may be amended or changed
upon the express written consent of at least seventy percent (70%) of a of the outstanding votes of
each membership chss of the Association.
Any and all amendments, ff any, shall be recorded
Dalla~ County, Texas. Notwithstanding
record amendments to
County Clerk of
of this Section 12.02, the Declarant may execute and
consent or approval if the amendment is for the purpose of
correcting technical or typographical errors or for clarification only.
12.3 Enforcement. Enforcement of these Covenants and Restrictions shall be by any proceeding at law
or in equity against any person or persons violating or attempting to violate them, or to recover damages, or to
enforce any lien created by these Covenants and Restrictions; and failure by the Association or any Owner to
enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so
thereafter.
12.4 Severability. Invalidation of any one of these Covenants or Restrictions by judgment or court
order shall in no wise affect any other provision which shall remain in full force and effect.
92005.00 44 D R A F T - 07/23/92
12.5 Headings. The headings contained in this Declaration are for reference purposes only and shall not
if any way affect the meaning or interpretation of this Declaration.
12.6 Notices to Member/Owner. Any notice required to be given to any Member
or Owner under the provisions of this Declaration shall be deemed to have been properly delivered when
deposited in the United States mail, postage prepaid, addressed to the last known address of ~he person who
appears as Member or Owner on the records of the Association at the time of such mailing.
12.7 Notices to Mortgagees. If a holder of a mortgage on a Lot shall notify the Association of its
address and the identity of the Lot and Owner covered by and granting such mortgage, then such holder(s) shall
be entitled to receive, written notification from the Association of any defaul~t~respecfive
mortgagor/Member/Owner in the performance of such mortgagor's/M~~er's obligation(s)as established
by this Declaration.
12.8 Disputes. Matters
application of the provisions of this Declaration
Directors, whose reasonable determination
with respect to interpretation or
shall be determined by the Board of
1 and binding upon all Owners.
12.9 Termination of and Responsibility of Declaram. If Declarant shall convey all of its right, title
and interest in and to the Property and assign all its rights, benefits and obligations as Declarant hereunder to any
partnership, individual or individuals, corporation or corporations, then and in such event Declarant shall be
relieved of the performance of any further duty or obligation hereunder, and such partnership, individual or
individuals, corporation or corporations, shall be obligated to perform all such duties and obligations of the
Declarant.
92005.00 45 D R A F T - 07/23/92
IN WITNESS WHEREOF, JIM SOW~J.I. CONSTRUCTION COMPANY, INC., a Texas joint venture,
being the Declarant herein, has mused this instrument to be executed as of the __ day of ,
1992.
By: '
Name:
Title:
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, a Notary Public in
personally appeared ,
known to me to be the person whose name is
that he executed the same for the
as the act and deed of such
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this __
of Texas, on this day
instrument, and acknowledged to me
ia the capacity therein stated and
day of ,1992.
My Commission Expires:
Notary Public, State of Texas
(Printed or Typed Name of Notary)
92005.00 46 D R A F T - 07/23/92