Pecan Valley-CS 911226NICHOLS, 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
Ms. Shohre Daneshmand, P.
city of Coppell
P. O. Box 478
Coppell, Texas 75019
December 26, 1991
Re: Declaration of Covenants
Dear Shohre:
I have reviewed the Declaration of covenants, Conditions and
Restrictions for both Pecan Valley Estates and Pecan Ridge Estates.
As you are aware, the City must approve these documents before
acceptance of the Plat. After reviewing these documents, I see no
requirement whatsoever for any city maintenance or supervision of
the common areas of the subdivisions. Although this is a desirable
aspect, I believe that if there are any parts of the common areas
which become abandoned or are negligently maintained, a clause
needs to be added which would allow the city to maintain the area
if the Association fails to do so. The clause should further
provide'for the city to ,'step into the shoes" of the Association
and assess the members for the costs. For example, the common wall
between the city streets and the Homeowners Association's private
property becomes ugly and is no longer maintained. The documents
require the Homeowners Association to maintain this wall. If the
Association fails to maintain the wall, the city should have the
option to come in and maintain the wall and assess the members.
Whether the city wants to enter into a separate agreement ~ith the
Homeowners Association or include this as a condition ~n these
documents is up to you.
In conclusion, the Declarations for Pecan Valley Estates and
Pecan Ridge Estates do not require any city maintenance or
supervision of any common areas in these two subdivisions.
However, it is desirable to add a clause which would allow the city
to ,,step into the shoes" of the Association and maintain any
neglected areas and commence assessing~he members of the
December 26, 1991
Page 2
Association. If you have any further questions, or desire or wish
me to draft the language, please do not hesitate to call.
Very truly yours,
NICHOLS, JACKSON, KIRK& DI?~RD
BAS/jd
cc Steve Goram
Director of Public Works,
Gary Seib
City of Coppell
Ken Griffin
city of Coppell
Bruce A. Stockard
City of Coppell