Fairways-CS 921203NICHOLS, JACKSON, KIRK & DILLARD':
(Formerly Sallinger, Nichols, Jackson, Kirk & Dillard)
Attorneys & Counselors at Law ·
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
(214) 954-3333
Facsimile (214) 954-3334
December 3, 1992
Mr. Rick Wieland
Mr. Ray Gonzales
City of Coppell
P.O. Box 478
Coppell, Texas 75019
FACSIMILE TO 393-0948
Re:
Fairways at Riverchase Estates, Ltd.
Declaration of Covenants and Restrictions
Dear Rick and Ray:
I would suggest the following additions to the Declaration of Covenants and
Restrictions.
Since the homeowners association is going to maintain streets and sidewalks as
a part of the common area, the word sidewalks might be added to Section 4.05(d).
In order to give the City Council the right to enforce maintenance of the common
areas a new Section 4.07 might be added to read as follows:
"4.07 The City of Coppell, by and through a majority of its City
Council members, shall have the same right, power and authority as is
herein given to the association or architectur~.l control committee, as the
case may be, to enforce the covenants and levy assessments necessary to
maintain the common areas listed in Section 4.05, should the association
or, as the case may be, the architectural control committee, fail or refuse to
maintain the common areas set out in Section 4.05, to City specifications
for an unreasonable time, not to exceed ninety days, after written request
to do so. It being understood that in such event the City of Coppell, Texas,
through its City Council, may elect to stand in the shoes of the association,
its board of directors or the architectural control committee, as the case
may be, to the extent necessary to take any action required and levy any
assessment that the association might have taken, either in the name of the
association or otherwise, to cover the cost of maintenance of said common
areas."
Mr. Rick Wieland
Mr. Ray Gonzales
December 3, 1992
Page 2
Also, we might suggest adding a new Section 10.021 to follow Section 10.02 which
would read as follows:
"10.021 Sections 10.01 and 10.02, notwithstanding, the duty of the
association and/or architectural control committee to maintain all the
common areas on the land as set out in Sections 4.04, 4.05 and 4.06; the
assessment procedure set out in Article 5 and the rights extended to the
City of Coppell as set out in Section 4.07, shall not be revoked or amended
without the additional approval of a majority of the then existing members
of the City Council of the City of Coppell, Texas."
If you have any questions concerning this, please do not hesitate to contact me.
Very truly yours,
NICHOLS, JACKSON, KIRK & DILLARD
" La/~rence W. Ja(~kson
LWJ\mts
AGG035DC