Park Meadow-CN 870211WISECO LAND DEVELOPMENT, INC.
February 11, 1987
Mr. A. R. Oats Mr. James M. Clements
a. R. Oats, Inc. Carmen Investments, Inc.
621 Villawood P.O. Box 517
Coppell, TX 75019 Coppell, TX 75019
Mr. Mike Dorn Mr. Frank Bamburg
Dorsey Homes Frank Bamburg, Inc.
P. O. Box 297 743 Kings Lane
Coppell, TX 75019 DeSoto, TX 75115
Mr. Jim Jenne Mr. Louis T. Crump
Jim Jenne, Inc. Louis T. Crump, Inc.
P. O. Box 117356 102 Meadowcreek, #101
Carrollton, TX 75011 Coppell, TX 75019
Mr. Seth widener
Widener Associates
1400 1-35, Suite 104
Carrollton, TX 75006
To all successors and assigns of the. aforementioned addressees who
own lots in Park Meadow Section I, an addition to the City of Coppell,
Texas as of February 11, 1987
RE:
Declaration of Covenants and Restrictions - Park Meadow Section I,
Coppell, Texas
Gentlemen:
A copy of this letter has been sent certified mail, return receipt re-
quested to each of the above addressees, and a copy of this letter and
its enclosures have been hand delivered to each of the occupied exist-
ing homes in Park Meadow Section I. Enclosed with this letter is a
xeroxed copy of an amended Declaration of Covenants and Restrict~en.~
for Park Meadow Section I. The amendments have been inter] ~ned anti
initialed by the undersigned as developer.
Covenants and Restrictions on Park Meadow Section ] which wci-L, con-
Page Two
filed with the original lot sales through error. We have attempted
in good faith to obtain the necessary signatures and file the re-
quired Covenants and Restrictions for at least the last nine months
and have expended substantial time and money in such effort even
though the developer no longer owns any of the lots in Park Meadow
Section I nor has any financial interest therein.
It is our opinion that it is in the best interest of the owners of
the lots in Park Meadow Section I to have a home owner's association.
In fact, the ordinances of the city of Coppell require that the sub-
division have a home owner's association. However, every effort to
complete the Restrictions has met with new requests for change, wheth-
er on behalf of builders or individual home owners. We have in good
faith attempted to respond to these requests but have been unable to
secure the consent of all the parties now involved. During this time,
we have continued to advance the maintenance cost of the common areas
on behalf of the owners of the lots.
Most recently we met with a representative appointed by the home own-
ers, Mr. Raylan Loggins, to discuss 9arious further amendments re-
quested by the home owners. We have duly considered these requests
and have made the changes indicated on the enclosed Restrictions which
we felt we had the legal authority to make and which were in the best
interests of the subdivision. The general effect of the changes was
to remove the developer from any further involvement in the operation
of the Association or the Architectural Control Committee. We feel
this is appropriate under the existing circumstances today. Many of
the changes requested by the home owners are beyond the legal author-
ity of the developer to make at this time and must be discussed and
mutually agreed to among the owners of the lots, being both builders
and home owners.
Since the meeting with Mr. Loggins, we have also received a formal
notice from the home owners demanding that no new covenants and re-
strictions be filed without their consent. It is our attorney's opin-
ion that any new covenants so filed without one or more owner's con-
sent will not be binding on the property of non-consenting owners.
Therefore, no owner could be forced to accept the covenant. If the
concern is, on the other hand, that a particular group (builders or
owners) might try to later change the covenants after they are filed
of record, we would direct your attention to Section 10.01 of the
Covenants which, if executed, provide that change~ and amendments to
the Covenants and Restrictions can be made by vote of 75% of the own-
ers from time to time, whether builder or home owner. This seems
fair to us.
The Cow~nants ~nd Rest~i. cti~us wc~'e }?~.'cpaued by M~-. Dick ]l~m~ol~ of
Winstcad, McGuire, Sechrcst and'Minick. Hc is ail experienced real
estate nttorney with 20+ years expori~'nce and it eel' rec(~mm~,ndation
Page Three
that you substantially use the covenants as prepared. They are the
result of years of experience with subdivisions and were prepared
at the cost of several thousand dollars.
You should consider this letter as your formal notice that neither
Univest Development Company, the developer of the Parks of Coppell,
or the undersigned shall take any further active role in the resolu-
tion of the Covenants and Restrictions for Park Meadow Section I.
Should you seek to make further changes or seek further legal coun-
sel, it shall be at your expense. You should further consider this
letter as your notice that the operations contemplated for the Asso-
ciation, including the maintenance of the common areas, is as of this
date turned over to the owners of the subdivision and any Association
which they may decide to form.
In addition to preparing the Association documents, we have already
formed the corporation (with all associated legal documents) and
purchased a bookkeeping system for the Association. We have also
advanced $ 3,303.79 in landscape maintenance expenditures on be-
half of the Associaticn (see attached breakdown). If the owners de-
cide to use our existing legal and accounting documentation, we will
provide it to you at no charge provided you reimburse the maintenance
expenditure, to date. Each owner's pro-rata reimbursement is $40.29.
Upon receipt of t~e total reimbursement, we will deliver:the original
amended covenants to Jay Turner, Ticor Title Company, Coppell and will
deliver the corporate and accounting documents to whomever the Asso-
ciation appoints. Each own~er will need to go by Ticor and sign the
covenants before they are recorded.
It is our recommendation that the owners attempt to organize a meet-
ing in the near future.in order to communicate and make decisions as
to the future of Park Meadow Section I.
We are as of this date notifying the landscape maintenance company
that their contract for the landscaped entry ways and parkways in
Park Meadow Section I shall terminate effective March 1, 1987. If
the owners, or their Association, desire to retain Peterman Landscape
Company (Ph. 9 988-0063), we can highly recommend them. Enclosed is
a copy of the existing contract. We will further advise the City of
Coppell to change the billing address for the water and electric met-
ers for the irrigation system to the address you provide to us. If
no address is provided, I would expect the city w~ll terminate utility
service.
Page Four
We regret having to leave this situation to be resolved by each of
you but we have used our best efforts to do so over a long period of
time. It has become obvious that the matters at hand will only be
resolved by direct conversation among those parties which actually
own the properties.
In closing, I again urge the owners to meet and work this out. I
do not believe it will be difficult if everyone will get in one lo-
cation for a couple of hours. If you have any questions, please
feel free to call me or Mike Allen or Dave Ridley with Univest De-
velopment Company.
Yours very truly,
WISECO LAND DEVELOPMENT, INC.
Tommy C. W~
President
Enc.
cc:
Mike Allen, Univest Development Company
Dick Hamon, Winstea~, McGuire, Sechrest & Minick
TCW/ldf