Lakes of C 1st P-CN 840930
September 30, 1984
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE LAKES OF COPPELL
Dallas County, Texas
When Recorded Return To:
Triland Development, Inc.
5400 LBJ Freeway
Suite 1000
One Lincoln Centre
Dallas, Texas 75240
99500-0151.1
INOEx
Page
I. RECITALS 1
II. ARTICLE 1 -DEFINITIONS 2
1.01. Apartment Complex 2
1.02. Apartment Unit 2
1.03. Architectural Review Committee 2
1.04. Articles of Incorporation 2
1.05. Assessments 2
1.06. Association 2
1.07. Bylaws 2
1.08. Certificate of Occupancy 2
1.09. Common Area 3
1.10. Common Facilities 3
1.11. Condominium Building 3
1.12. Condominium Unit 3
1.13. Declarant 4
1.14. Declaration 4
1.15. Design Guidelines 4
1.16. Eligible Lenders 4
1.17. Estate 4
1.18. Lake System 4
1.19. Lot 4
1.20. Member or Owner 5
1.21. Property 5
1.22. Residential Use 5
1.23. Supplemental Declaration 5
1.24. Tract ~ 5
III. ARTICLE II - PROPERTY 5
2.01. Property Subject to Declaration 5
2.02. Annexation to Property Subject to
Declaration by Declarant 6
2.03. Annexation to Property Subject to Declaration
by Persons or Entities Other Than Declarant 6
2.04. Supplementary Declarations 6
2.05. Mergers or Consolidations 7
IV. ARTICLE I11 -MEMBERSHIP AND VOTING RIGHTS IN THE
ASSOCIATION 7
3.01. Membership 7
3.02. Transfer 8
(i) 99500-0151.2
- 3.03. Classes of Voting Membership and Voting Rights 8
a. Class A Membership 8
b. Class B Membership 9
- 3.04. Suspension of Voting Rights 10
3.05. Multiple Owner Votes 10
3.06. Quorum, Notice and Voting Requirements 10
- 3.07. Additional Voting Requirements 11
V. ARTICLE IV -ASSESSMENTS 13
4.01. Covenants for Assessments 13
4.02. Purpose of Assessments 13
4.03. Annual Assessments 14
4.04. Special Assessments 16
- 4.05. Special Individual Assessments 17
4.06. Vote Required for Increase in Rate of Annual Assessment 17
4.07. Vote Required for Special Assessment 17
- 4.08. Date of Commencement of Annual Assessments and Due
Date of Assessments 17
4.09. Division of Special Assessments 18
4.10. No Offsets 18
-' 4.11. Reserves 18
4.12. Nonpayment of Assessments 18
a. Delinquency 18
- b. Lien 18
c. Remedies 19
4.13. Exempt Property 19
- 4.14. Estoppel Information from Board of Directors with
Respect to Assessments 20
4.15 Commercial Area Assessments 20
- VI. ARTICLE V -GENERAL POWERS AND DUTIES OF THE BOARD
OF DI RECTORS OF THE ASSOCIATION 20
- 5.01. Powers and Duties 20
5.02. Contracts Terminable 23
VI1. ARTICLE VI - PROPERTY RIGHTS IN THE COMMON AREA 23
6.01. Members' Easements of Enjoyment 23
6.02. Title to the Common Area 23
- 6.03. Extent of Members' Easements 23
VIII. ARTICLE VII - INSURANCE; REPAIR AND RESTORATION 24
7.01. Insurance 24
7.02. Insurance Proceeds 26
7.03. Insufficient Proceeds ~ 26
7.04. Mortgagee Protection 26
7.05. Destruction of Improvements on Individual Estates 26
99500-0151.2
IX. ARTICLE VIII - USE OF COMMON AREA
8.01. Restricted Actions by Owners
8.02. Damage to the Common Area
8.03. Rules of the Board
8.04. Suspension of Right to Use Common Area
and/or Right to Vote
8.05 Lake System Common Area
X. ARTICLE IX - USE OF PROPERTY AND ESTATES -
PROTECTIVE COVENANTS
9.01.
9.02.
9.03
9.04.
9.05.
9.06
Residential Purposes
Other Use Limitations .
a. Certificate of Compliance
b. Removal of Dirt
c. Drilling and Mining Operations
d. Offensive Activities
e. Commercial Use
f. Clotheslines
g. Antennas
h. Trash Receptacles and Collection
i. Temporary Structures and Vehicles
j. Signs
k. Swimming Pools
I. External Sculpture and Like Accessories
m. Removal of Water
n . Boats
o. Swimming'
Landscaping, Walls and Fences
a. Landscaping Plan
b. Maintenance of Landscaping and Sprinkler System
c. Fences
Streets, Sidewalks and Exterior Lighting
a. Composition of Streets
b. Alignment and Size of Streets
c. Sidewalks
d. Exterior Lighting
Construction Standards
a. Foundations
b. Roofs
c. Exterior Building Materials
d. Mailboxes
e. Screening of Service Equipment
f. Utilities
g. Lake Set Back
h. Paint
i. Construction Period
Community Antenna Television (CATV) and Security Systems
a. CATV System
- b. Fire and Burglar Alarms
c. Metering
9.07. Failure to Maintain Estate
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99500-0151.2
- 9.08. Additional Construction Standards for Certain Apartment
Complexes and Condominium Buildings 37
a. Minimum Landscaping 37
- b. Parking 37
c. Roofs on Parking Structures 37
d. Trash and Receptacles 37
- e. MacArthur Boulevard Setback 37
X1. ARTIC LE X -ARCHITECTURAL REVIEW COMMITTEE 38
10.01. Architectural Review Committee 3$
10.02. Basis of Approval 38
10.03. Definition of "Improvements" 39
- 10.04. Preliminary Plan Submissions 39
10.05. Plan Submissions 40
10.06. Approval Procedure 41
- 10.07. Design Guidelines 42
10.08. Variances 42
10.09. Nonconforming and Unapproved Improvements 42
10.10. No Liability 42
- 10.11. Certificate of Compliance 43
10.12. Notice of Noncompliance or Noncompletion 43
10.13. Appointment and Designation 43
- 10.14. Review Fee and Address 43
10.15. Inspection 44
10.16. Governmental Authorities 44
- 10.17. No Liability for Design Defects 44
XII. ARTICLE XI - RIGHTS OF ELIGIBLE LENDERS AND ELIGIBLE
INSURERS OR GUARANTORS 44
11.01. Notice to Eligible Lenders
11.02. Other Provisions for Eligible Lenders
11.03. FHLMC Provision
X111. ARTICLE XII -EASEMENTS
12.01. Easements
12.02. Ingress and Egress by the Association
12.03. Easements for Encroachment
12.04 Estate Owners Easements
12.05 Public Easement
12.06 Audio s Video
12.07 Easement for Construction, Maintenance and
Repair of Subdivision and Screening Walls
12.08 Easement for Maintenance and Repair of
Lakes and Banks of Lakes
12.09 Lake System Easement
XIV. ARTIC LE XIII -CONDEMNATION
XV. ARTICLE XIV -GENERAL PROVISIONS
14.01. Duration
14.02. Amendments
14.03. Enforcement
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- (iv) 99500-0151.2
14.04. Limitation of Restrictions on Declarant 50
14.05. Termination of and Responsibility of Declarant 50
14.06. Owners' Compliance 50
14.07. Severability 51
14.08. Headings 51
14.09. Notices to Member or Eligible Lender 51
14.10. Disputes 51
14.11. Compliance with FHLMC, FNMA, VA and FHA Regulations 51
XVI. APPENDIX
Exhibit "A" - Legal Description of the Property
(v) 99500-0151.2
- DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE LAKES OF COPPELL
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR THE LAKES OF COPPELL is made this day of ,
1984, by TRILAND INVESTMENT GROUP, a Texas general partnership.
WI TN ESSETH:
- WHEREAS, Triland Investment Group ("Declarant") is the fee simple title
owner of the real property described on Exhibit "A" attached hereto and made
apart hereof for all purposes; and
WHEREAS, Declarant desires to subject its fee simple interest in the real
property described on Exhibit "A" to this Declaration and to the covenants,
conditions, restrictions, easements, liens and charges herein set forth; and
WHEREAS, Declarant has deemed it desirable for the efficient management
- of the Property and the preservation of the value, desirability and
attractiveness of the Property to create a non-profit corporation to which
- should be delegated and assigned the powers of managing, maintaining and
administering the Common Area and administering and enforcing these
covenants, conditions and restrictions and collecting and disbursing funds
pursuant to the assessments and charges herein created and to perform such
other acts as shall generally benefit the Property; and
WHEREAS, the Lakes of Coppell Owners Association, Inc., a non-profit
- corporation, has been or will be incorporated under the laws of the State of
Texas for the purpose of exercising the powers and functions aforesaid; and
WHEREAS, Declarant will hereafter hold and convey title to the Property
or any part thereof subject to the covenants, conditions, restrictions,
easements, liens and charges herein set forth.
NOW, THEREFORE, Declarant hereby covenants, agrees and declares
that the Property shall be owned, held, transferred, leased, sold, conveyed
- 1 - 99500-0151.3
- and occupied subject to the covenants, conditions, restrictions, easements,
liens and charges herein set forth.
ARTICLE I
DEFINITIONS
Section 1.01. "Apartment Complex" shall mean and refer to a real .estate
apartment complex project composed of one or more structures, which structure
contains two (2) or more Apartment Units at least one (1) of which is to be
rented to the public by the Owner, which project is erected on a lot, tract or
parcel of real estate within the Property and for which a certificate of
- occupancy has been issued by the appropriate governmental authorities. For
purposes of this Declaration duplex residential structures, as such term may
be defined from time to time in the relevant zoning ordinances of the City of
- Coppell, Texas, shall each be deemed to be an Apartment Complex and each
single family residential unit within the duplex shall be deemed to be an
Apartment Unit.
- Section 1.02. "Apartment Unit" shall mean and refer to a single
residential rental apartment in an Apartment Complex located within the
Property .
Section 1.03. "Architectural Review Committee" or "Committee" shall
mean and refer to that committee composed of three (3) members appointed in
-- the manner set forth in Article X of this Declaration which committee is
appointed to provide for architectural control and design within the Property
and to have and exercise such other powers and/or duties as are more
- specifically set forth in this Declaration.
Section 1.04. "Articles of Incorporation" shall mean and refer to the
Articles of Incorporation of the Association as the same may from time to time
- be duly amended.
Section 1.05. "Assessments" shall mean and refer to the assessments
described in Section 4.01 of Article IV of this Declaration.
Section 1.06. "Association" shall mean and refer to the Lakes of Coppell
Owners Association, Inc. , its successors and assigns, to which Association
- shall be delegated and assigned the powers of managing, maintaining and
administering Common Area identified in this Declaration and disbursing funds,
collecting assessments and charges and performing such other acts as shall
- generally benefit the Property now and hereafter covered by this Declaration.
Section 1.07. "Bylaws" shall ~ mean and refer to the Bylaws of the
_ Association as .the same may from time to time be duly amended.
Section 1.08. "Certificate of Occupancy" shall mean and refer to any
required certification issued by relevant governmental authorities as a
- prerequisite to the occupancy of all or any portion of any Estate.
2 - 99500-0151.3
- Section 1.09. "Common Area" shall mean and refer to all real property
and the improvements thereon, including, without limitation, any private storm
drains, private streets, private utilities, private parks, open space, trails and
- floodways owned in fee, owned as an easement or leased or maintained from
time to time by the Association for the common use, enjoyment and benefit of
the Members, and all easements granted to the Association for the common use,
enjoyment and benefit of the Members which Common Area is specifically
described in any Supplemental Declaration. Any real property or interest in
real property which Declarant shall convey to the Association to be designated
Common Area shall be accepted in writing by the Association and shall be
- conveyed free of all liens and encumbrances except current ad valorem taxes
(which taxes shall be prorated as of the date of conveyance), and the
covenants, conditions, restrictions, easements, liens and charges of this
- Declaration.
As of the date of this Declaration there is no real property or
easements designated as Common Area, however, certain real property or
easements may be designated as such by Declarant or the Association at a later
date.
- Section 1.10. "Common Facilities" shall mean and refer to all existing
and subsequently provided improvements upon or within the Common Area,
except those as may be expressly excluded herein. Also, in some instances,
- Common Facilities may consist of improvements for the use and benefit of the
Owners of Estates within the Property, as well as other Owners in the
subdivision, constructed on portions of one or more Estates or on Lots or
- acreage owned by Declarant (or Declarant and others) which has not been
brought within the scheme of the Declaration. By way of illustration, Common
Facilities may include, but not necessarily be limited to, the following:
exercise course, jogging trails, bridge crossings, street lights, foundations,
statuary, sidewalks, esplanades, common driveways, landscaping, underground
irrigation systems, landscaping and screening walls located around the
perimeter of the Property and other similar and appurtenant improvements.
- References herein to "Common Facilities (any Common Facility) in the Property"
shall mean and refer to Common Facilities as defined respectively in the
Declaration and all Supplemental Declarations.
Section 1.11. "Condominium Building" shall mean and refer to a
residential real estate condominium project composed of one or more structures
erected on a lot, tract or parcel of real estate out of or a part of the Property
- containing two (2) or more Condominium Units, which condominium project has
been specifically created and designated as a condominium in accordance with
the Texas Condominium Act, Tex. Prop. Code Ann. Section 81.001 et. seq.
- (Vernon 1984), as now and hereafter amended or supplemented.
Section 1.12. "Condominium Unit" shall mean and refer to one (1)
individual unit located within a Condominium Building, together with an
undivided interest in and to the common elements associated with such unit.
The term "Condominium Unit" shall have the same meaning as the term
"apartment" as used in the Texas Condominium Act, Tex. Prop. Code Ann.
Section 81.001 et. seq. (Vernon 1984), which permits the creation of
condominium regimes, as same may be amended or supplemented in any
successor statute.
- 3 - 99500-0151.3
Section 1.13. "Declarant" shall mean and refer to Triland Investment
Group, a Texas general partnership, and the successors and assigns (if any)
of Triland Investment Group with respect to the voluntary disposition of all or
- substantially all of the assets of Triland Investment Group or the voluntary
disposition of all or substantially all of the right, title and interest of Triland
Investment Group in and to the Property, where such voluntary disposition of
= right, title and interest expressly provides for the transfer and assignment of
the rights of Triland Investment Group as Declarant. No person or entity
purchasing the Property or any part thereof from Triland Investment Group in
the ordinary course of business shall be considered -s Declarant.
Section 1.14. "Declaration" shall mean and r ~ to this instrument and,
collectively, to the covenants, conditions, tractions, reservations,
- easements, liens and charges imposed by or expressed in this instrument.
Section 1.15. "Design Guidelines" shall mean and refer to standards,
- restrictions or specifications published from time to time by the Declarant or
the Architectural Review Committee and governing the construction, placement,
location, alteration, maintenance or design of any improvements to the
Property. Design Guidelines are more specifically described in Article X,
- Section 10.07 hereinbelow.
Section 1.16. "Eligible Lenders" shall mean and refer to the holder,
- insurer or guarantor of a first lien on an Estate who has requested notice of
matters affecting the interest of such lender, insurer or guarantor. Requests
for notice must be sent in writing to the Residential Association, must specify
_ the name and address of the lender, insurer or guarantor and must clearly
indentify the Estate in which the lender holds an interest which entitles it to
receive notice as provided herein.
- Section 1.17. "Estate" shall mean and collectively refer to a
Condominium Unit, Apartment Complex, Lot, Tract and any other interest in
real property contained within the Property, the ownership of which, by the
terms of this Declaration, causes the Owner thereof to be a Member of the
Association. The term "Estate" shall not include any portion of the Property
owned, leased or maintained by the City of Coppell, Texas or any tract used
as public park or public open space.
Section 1.18. "Lake System" shall mean and refer to the system of lakes
and streams within the Property specifically excluding, however, any lake or
- stream located within the loop formed by the right of way of Waterside Circle.
The Lake System shall be dedicated and conveyed to the Association as Common
Area and maintained by the Association. The term "Lake System" shall not be
_ construed to include any part of Denton Creek, whose flow generally follows
the eastern boundary of the Property.
Section 1.19. "Lot" shall mean and refer to any lot, plot, parcel or
tract of real estate shown on any recorded subdivision map or plat as amended
from time to time, to the extent such lot, plot, parcel or tract is a part of the
Property, which is designated as a lot therein and which is or will be
- improved with one (1) single family attached or detached residential dwelling in
conformity with the building restrictions contained herein; provided, however,
the term "Lot" shall not include (i) any portion of the Common Area or any
real property owned by or leased to the Association for the common use and
- enjoyment of the Members, (ii) any Condominium Unit in a Condominium
- 4 - 99500-0151.3
- Building or (iii) any lot, tract or parcel of real estate out of or a part of the
Property which is or will be improved with an Apartment Complex. Lot shall
also mean and refer to any separate platted lot which is improved or is to be
- improved with a single family residential townhome structure which is joined to
another dwelling unit on one or more sides by party wall or abutting wall.
Section 1.20. "Member" or "Owner" shall mean and refer to each and
- every person or entity who is, alone or together with another person or
entity, a record title owner of a fee or undivided fee interest in any Lot,
Condominium Unit, Apartment Complex, Tract or any lot, tract or parcel of
- real estate out of or part of the Property; provided, however, the term
"Member" or "Owner" shall not include any person or entity holding a bona
fide lien or security interest in a Lot, Condominium Unit, Apartment Complex,
- Tract or any lot, tract or parcel of real estate out of or a part of the
Property as security for the performance of an obligation.
_ Section 1.21. "Property" shall mean and refer to all existing real
property described on Exhibit "A" attached hereto and made a part hereof for
all purposes, including any and all improvements thereon, and any additions of
real property made subject to this Declaration through any Supplemental
- Declaration prepared and filed of record pursuant to the provisions of
Article 11 of this Declaration or any declaration of any association which has
merged or consolidated with this Association pursuant to the provisions of
- Article II hereof.
Section 1.22. "Residential Use" shall mean and refer to single family
attached and detached housing, apartments, residential condominiums and
- duplex housing uses but shall not include prefabricated housing, mobile homes,
hotels, motels, boarding houses or lodges.
- Section 1.23. "Supplemental Declaration" shall mean and refer to any
Supplemental Declaration of Covenants, Conditions ~ and Restrictions for the
Lakes of Coppell annexing additional property and extending the plan of this
- Declaration to such additional property, prepared and filed of record pursuant
to the provisions of Article II of this hereof.
Section 1.24. "Tract" shall mean and refer to unsubdivided, improved
- or unimproved land within the Property, developed or to be developed for
Residential Use. The term "Tract" shall not include land upon which is
located a Condominium Building or an Apartment Complex or which is
- encompassed within a Lot.
ARTICLE II
PROPERTY
- Section 2.01. Property Subject to Declaration. The real property
covered by this Declaration shall be the Property. The Property and any
right, title or interest therein shall be owned, held, transferred, leased, sold,
- conveyed and/or occupied by Declarant and any subsequent owner, lessee or
occupant of all or any part thereof, subject to this Declaration and the
covenants, conditions, restrictions, easements, liens and charges herein set
forth .
- 5 - 99500-0151.3
- Section 2.02. Annexation to Property Subject to Declaration by
Declarant. All or any part of any real property near and/or adjacent to the
Property (the "Additional Property"), whether or not such real property is
contiguous to the Property, may be annexed to and become subject to this
Declaration and subject to the jurisdiction of the Association without the
approval, assent or vote of the Members of the Association provided that a
Supplemental Declaration covering the real property sought to be annexed,
~' shall be executed and recorded in the office of the County Clerk of Dallas
County, Texas, by Declarant; provided, however, no Supplemental Declaration
shall be so executed and recorded pursuant to this Section 2.02 more than
-- ten (10) years subsequent to the date of execution of this Declaration without
the approval of the Members of the Association pursuant to Section 2.03 below.
The execution and recordation by Declarant of any such Supplemental
_ Declaration shall constitute and effectuate the annexation of the real property
described therein, making any such real property subject to this Declaration
and subject to the functions, powers and jurisdiction of the Association, and
thereafter said annexed real property shall be a part of the Property and all
the Owners in said annexed real property shall automatically be Members of the
Association. Although Declarant shall have the ability to annex all or any
portion of the Additional Property to this Declaration as provided above,
- Declarant shall not be obligated to annex all or any portion of such real
property and such real property shall not become subject to this Declaration
unless and until a Supplementary Declaration shall have been executed and
_ recorded by Declarant as provided herein. Moreover, Declarant reserves the
right to subject the Additional Property or any part thereof to the plan of one
or more separate declarations of covenants, conditions and restrictions which
subjects said real property to the functions, powers and jurisdiction of an
- association or other entity with powers and obligations similar to the
Association and which may' or may not be subject to the provisions of this
Declaration .
Section 2.03. Annexation to Property Subject to Declaration by Persons
or Entities Other Than Declarant. Upon approval in writing of the
Association, pursuant to a two-thirds (2/3) majority vote of the Members,
regardless of class, any person or entity which owns and desires to add
portions of the Additional Property (defined in Section 2.02, above) whether
or not such Additional Property is contiguous to the Property, to the plan of
- this Declaration and subject such Additional Property to the functions, powers
and jurisdiction of the Association, may execute and record in the office of the
County Clerk of Dallas County, Texas, a Supplementary Declaration.
Section 2.04. Supplementary Declarations. The annexations authorized
by this Declaration shall be accomplished by executing and filing of record in
the office of the County Clerk of Dallas County, Texas, a Supplementary
--- Declaration of Covenants, Conditions and Restrictions for the Lakes of Coppell,
or similar instrument, with respect to the additional real property which shall
extend the scheme of this Declaration to such real property. Any such
- Supplementary Declaration contemplated above may contain such additions,
deletions and/or modifications of the covenants, conditions, restrictions,
easements, liens and charges contained in this Declaration as may be necessary
to reflect the different character, if any, of such annexed real property and
as are not substantially inconsistent with the plan of this Declaration. In no
event, however, shall any such Supplementary Declaration, or any merger or
consolidation revoke, modify or add to the covenants, conditions, restrictions,
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- easements, liens or charges established by this Declaration, as same relate to
and affect that portion of the Property previously subject to this Declaration.
Further the rate of assessment for and method of determining the assessed
_ valuation of the annexed property shall not result in an assessment
substantially less than that affecting the Property, unless such annexed
property and the Owners thereof do not enjoy substantially all of the benefits
of the central security system or other common amenities because of limitations
- in such services resulting from franchise or municipal boundaries. Any
annexation, merger or consolidation made pursuant to this Declaration, when
made, shall automatically extend the functions, powers and jurisdiction of the
- Association to the real property so added.
Section 2.05. Mergers or Consolidations. The Declarant or the
- Association, with the written approval or assent of at least two-thirds (2/3) of
the Members, regardless of class, shall have the right and option to cause the
Association to merge or consolidate with any similar association or associations.
Upon a merger or consolidation of the Association with another association, the
- properties, rights and obligations of the Association, may, by operation of law
or otherwise, be transferred to the surviving or consolidated association or,
alternatively, the properties, rights and obligations of another association may,
- by operation of law or otherwise, be added to the properties, rights and
obligations of the Association as a surviving. corporation pursuant to a merger.
The surviving or consolidated association shall administer the covenants,
_ conditions, restrictions, easements, liens and charges established by this
Association within the Property, together with the covenants, conditions,
restrictions, easements, liens and charges established upon any other real
property as one plan.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
_ Section 3.01. Membership. Each and every Owner shall automatically be
a Member of the Association without the necessity of any further action on his
part, subject to the terms of this Declaration, the Articles of Incorporation
and the Bylaws of the Association and the Association rules. Membership of
- an Owner in the Association shall be appurtenant to and may not be separated
from the interest of such Owner in and to any portion of the Property.
Ownership of any portion of the Property shall be the sole qualification for
- being a Member; provided, however a Member's voting rights, as herein
described, or privileges in the Common Area, or both may be regulated or
suspended as provided in this Declaration, the Bylaws of the Association
- and/or the Association rules. Persons or entities shall be Members by reason
of ownership of land used for public or private schools, governmental or
quasi-governmental purposes, churches or other religious purposes and such
land shall be owned subject to all of the terms and provisions of this
- Declaration except that: (i) ownership of land devoted to purposes described
in this sentence shall not create any votes in the Members owning such land,
and (ii) such non-voting Members shall not be required to pay any
- assessments other than special individual assessments as described and
authorized in this Declaration. No person or entity shall be a Member by
reason of ownership of any park, public land, road, easement, right-of-way or
mineral interest. In addition, any person or entity that holds an interest in
- 7 - 99500-0151.3
and to all or any part of the Property merely as security for the performance
of an obligation shall not be a Member.
- Section 3.02. Transfer. Membership of an Owner in the Association
may not be severed from or in any way transferred, pledged, mortgaged or
alienated except upon the sale or assignment of said Owner's interest in all or
_ any part of the Property and then only to the purchaser or assignee as the
new Owner thereof. Such membership shall not be severed by the
encumbrance by an Owner of all or any part of the Property. Any attempt to
make a prohibited severance, transfer, pledge, mortgage or alienation shall be
void and of no further force or effect, and will not be reflected upon the
books and records of the Association. Any transfer of the fee title to a lot,
tract or parcel of real estate out of or a part of the Property shall
automatically operate to transfer the membership to the new Owner thereof. In
the event an Owner should fail or refuse to transfer the membership in the
Association registered in such Owner's name to the transferee of such Owner's
_ interest in all or any part of the Property, the Association shall have the
right to record the transfer upon the books and records of the Association.
Section 3.03. Classes of Voting Membership and Voting Rights. The
Association shall have two (2) classes of voting membership:
CLASS A MEMBERSHIP. Class A Members shall be all
Owners with the exception of the Declarant. Subject to the
provisions of Section 3.05, Class A Members shall be entitled to:
(a) One (1) vote for each Lot (whether or not
such Lot has been improved with a residential
structure) in which such Member holds the interest
required for membership in the Association; and
(b) One (1) vote for each - and every
20,000 square feet of real estate owned by such
Member out of and a part of the Property, not
subdivided by such Owner into Lots. No Class A
Member shall be entitled to a vote pursuant to this
Section 3.03(b) in the event such Owner owns less
than 20,000 square feet of real estate. out of and a
part of the Property unless such tract or parcel of
land containing less than 20,000 square feet of land
has been platted as a Lot. A fractional number of
votes shall be rounded off to the nearest whole
number. For purposes of this Section 3.03(b) only,
any lot, tract or parcel of real estate out of and a
part of the Property upon which is constructed a
Condominium Building or an Apartment Complex shall
not be considered for purposes of calculating the
number of square feet of real estate owned by a
Class A Member. In the event that the Owner of an
Apartment Complex or the developer of a Condominium
Building is developing such improvements in phases
and during the course of such development such
Owner or developer has completed certain phases of
the Apartment Complex or Condominium Buildings while
- 8 - 99500-0151.3
- retaining adjoining Tracts for future development the
votes allocated between the Tracts, Apartment
Complexes and/or Condominium Buildings shall be
- determined by the Board of Directors in its reasonable
discretion. Votes allocated to Apartment Complexes
and Condominium Buildings shall be determined in
- accordance with Sections 3.03(d) and 3.03(c),
respectively. The Board of Directors shall, in its
reasonable discretion, determine how much of the
unimproved Proper ty within a phased development
- owned by an Owner shall be deemed to be a Tract the
ownership of which entitles the Owner to those votes
set forth in this Section 3.03(b); and
(c) One (1) vote for each and every
Condominium Unit owned by such Class A member in a
- Condominium Building for which a certificate of
occupancy has been issued by the appropriate
governmental authorities. Where an association or
other organization has been established with respect to
- a Condominium Building, the board of directors or
other governing body so empowered under the
organizational documents of such association or
- organization shall not be entitled to cast all of the
votes exercisable hereunder with respect to such
Condominium Building on each and every matter in
_ question on which a vote is authorized or permitted
under this Declaration or the Articles of Incorporation
or Bylaws of 'the Association. Such association or
organization may not be entitled to cast the votes
- exercisable hereunder in one block on behalf of such
Condominium Building or condominium regime. Each
individual Owner of a Condominium Unit shall be
- entitled to cast the vote allocated to such Owner's
Condominium Unit; and
(d) One-fourth (1/4) vote for each and every
Apartment Unit owned by such Class A member within
an Apartment Complex for which a Certificate of
Occupancy has been issued by the appropriate
- governmental authorities.
CLASS B MEMBERSHIP. The Class B Member shall be the
_ Declarant. The Class B Member shall be entitled to one (1) vote
for each and every 1,000 square feet of real estate owned by it
within the Property; provided, however, real estate owned by
Declarant and designated as Common Area shall not be included in
- determining the votes to which Declarant is entitled. The Class B
Membership shall cease and be converted to Class A Membership on
the happening of either of the following events, whichever occurs
- earlier:
(a) When the total number of votes outstanding
in the Class A Membership is ten (10) times greater
- - 9 - 99500-0151.3
_. than the total number of votes outstanding in the
Class B Membership; or
_ (b) On the date of the sale by Declarant of
seventy-five percent (750) of the Property as such
Property may be supplemented or expanded by
annexation, merger or consolidation in accordance with
Article II. Upon the termination of the Class B
Membership, the Declarant shall thereafter be a Class
A Member.
Notwithstanding the foregoing, with respect to Estates owned by
the Declarant and developed or being developed as an Apartment
_ Complex, Condominium Building or Lot, the Declarant shall be
deemed to be a Class A Member for purposes of calculating votes
attributable to the Estates being developed as aforesaid.
Section 3.04. Suspension of Voting Rights. The voting rights of any
Member set forth in this Declaration may be suspended by the Board of
Directors of the Association for any period during which any Assessment
- remains past due, unless the Member is in good faith contesting the validity or
amount of the Assessment.
Section 3.05. Multiple Owner Votes. Votes hereunder may not be cast
on a fractional basis between multiple Owners of (a) a Lot, (b) a lot, tract or
parcel of real estate out of or a part of the Property containing 20,000 square
feet or more, (c) a Condominium Unit in a Condominium Building or (d) an
Apartment Unit within an Apartment Complex. Further, where there are
multiple Owners of an Estate it is not intended by Secton 3.03 that each of
said Owners shall be entitled to cast the votes allocated to such Estate. As an
example, where three (3) persons own a Lot or Condominium Unit they shall
jointly be entitled to vote the one (1) vote allocated to such Estate and shall
not each be entitled to cast a full vote. When more than one person or entity
owns the interest or interests in and to any of the items described in (a)
through (d) of this Section, as required for Membership in the Association,
each and every person or entity shall be a Class A Member, and the vote for
any of the items described in (a) through (d) of this Section shall be
exercised as they, among themselves, collectively determine. If such Owners
are unable to agree among themselves as to how their vote or votes shall be
cast, they shall forfeit the vote or votes on the matter in question. If more
than one (1) person or entity purports to exercise the voting rights with
respect to any of the items described in (a) through (d) of this Section on
any matter in question, none of such votes shall be counted in tabulating the
vote on such matter and such votes shall be deemed void. The Association
shall not be required to recognize the vote or written assent of any such
multiple Owners except the vote or written assent of the Owner designated in
writing executed by all of such ~ multiple Owners and delivered to the
Association
Section 3.06. Quorum, Notice and Voting Requirements.
(a) Subject to the provisions of Paragraph (c) of this
Section, any action authorized by Sections 4.06 or 4.07 of
Article IV of this Declaration shall require the assent of the
- - 10 - 99500-0151.3
- majority of the vote of each Class of Members entitled to vote,
which Members are voting in person or by proxy at a meeting duly
called for that purpose, written notice of which meeting shall be
- given to all Members not less than ten (10) days nor more than
sixty (60) days in advance and shall set forth the purpose of such
meeting .
(b) The quorum required for any action referred to in
Paragraph (a) of this Section shall be as follows:
- At the first meeting called, the presence at the
meeting of Members, or of proxies, entitled to cast
fifty percent (SOo) of all of the votes of each Class of
- Members of the Association shall constitute a quorum.
If the required quorum is not present at the first
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.
- (c) As an alternative to the procedure set forth above,
any action referred to in Paragraph (a) of this Section may be
taken with the assent given in writing and signed by the Members
who hold at least sixty percent (60°0) of the outstanding votes of
- each Class of Members of the Association; so long as all Members
are given prior written notice of the action to be taken in
accordance with this Section 3.06(c) .
(d) Except as specifically set forth 'in this Declaration,
notice, voting and quorum requirements for all actions to be taken
- by the Association shall be consistent with its Articles of
Incorporation and Bylaws, as same may be amended from time to
time. Except as set forth in Section 3.06(b) quorum requirements
are governed by the Bylaws.
Section 3.07. Additional Voting Requirements. Notwithstanding
anything to the contrary contained in this Declaration, consent of the Members
- to which at least sixty seven percent (670) of the votes in each Class of
Members in the Association are allocated and the approval of Eligible Lenders
holding mortgages on Estates which have at least fifty-one percent (510) of the
- votes of Estates subject to Eligible Lender mortgages shall be required to add
or amend any material provisions of this Declaration or the Articles of
Incorporation or Bylaws of the Association which establish, provide for,
govern or ,regulate any of the following:
(a) Voting rights;
liens;
(b) Assessments, assessment liens or subordination of such
- - 11 - 99500-0151.3
(c)
the Comm
(d)
(e)
(f)
addition,
Property;
Reserves for maintenance, repair and replacement of
on Area;
Insurance or fidelity bonds;
Rights to use of the Common Area;
Expansion or contraction of the Property or the
annexation or withdrawal of property to or from the
(g) Boundaries of any Estate;
(h) The interests in the Common Area;
(i) Convertibility of Estates into Common Area or of
Common Areas into Estates;
(j) Imposition of any right of first refusal or similar
restriction on the right of an Estate Owner to sell, transfer, or
- otherwise convey his or her Estate but in no event shall any such
right or restriction be imposed by the Association;
(k) Any provisions which are for the express benefit of
mortgage holders or Eligible Lenders;
(I) Responsibility for maintenance and repair; and
(m) the leasing of Estates.
Any Eligible Lender who receives a written request to approve additions
or amendments or a written request for some other response and who does not
deliver or post to the Association a negative response within thirty (30) days
of such request shall be deemed to have approved such request.
Eligible Lenders shall only be entitled to vote those votes as are
allocated to the Estate covered by their lien.
Further, and notwithstanding anything implied to the contrary in this
Section 3.07, Eligible Lenders shall only be entitled to vote on matters which
would have the effect of altering or amending material provisions of this
Declaration which relate to those matters set forth in Section 3.07 (a)-(m).
As an example, if this Declaration requires a majority vote of the
Members to increase the rate of annual assessment then such rate may be
increased by a majority vote of the Members without the vote of Eligible
Lenders. On the other hand, if the issue presented for a vote is one
- intended to reduce the amount of votes required to increase the rate of annual
assessment by amending those provisions of this Declaration, then such issue
must be approved by 67 percent of the votes of each Class of the Members of
_ the Association and 51 percent of the Eligible Lenders. Eligible Lenders shall,
in any event, be considered as one (1) class of voters with all of their votes
to be taken together to determine whether afifty-one percent (51$) majority of
such persons or entities has approved such amendment.
- 12 - 99500-0151.3
-' ARTICLE IV
ASSESSMENTS
Section 4.01. Covenants for Assessments. The Declarant, for each lot,
tract or parcel of real estate owned by it out of or a part of the Property,
_ hereby covenants and agrees to pay, and each Owner of any lot, tract or
parcel of real estate out of or a part of the Property by acceptance of a deed
or other conveyance document creating in such Owner the interest required to
be deemed an Owner, whether or not it shall be so expressed in any such
deed or other conveyance document, 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 such lot, tract or
- parcel of real estate out of or a part of the Property) to pay to the
Association (or to any entity or collection agency designated by the
Association): (1) annual assessments or charges (as specified in Section 4.03
_ of this Article IV), such assessments to be fixed, established and collected
from time to time as herein provided; (2) special assessments for capital
improvements and other purposes (as specified in Section 4.04 of this
Article IV), such assessments to be fixed, established and collected from time
to time as herein provided; and (3) individual special assessments levied
against individual Owners to reimburse the Association for extra costs for
maintenance and repairs caused by the willful or negligent acts or omissions of
- an individual Owner and not caused by ordinary wear and tear (as specified in
Section 4.05 of this Article IV), such assessments to be fixed, established and
collected from time to time as herein provided. The assessments
_ ("Assessments") described in (1), (2) and (3) of this Section 4.01 of
Article IV, together with interest thereon, attorneys' fees, court costs and
other costs of collection thereof, as herein provided, shall be a charge on the
land and shall be a continuing lien upon each Estate against which each such
- Assessment is made. Each such Assessment, together with interest thereon,
attorneys' fees, court costs and other costs of collection thereof, as herein
provided, shall also be the personal obligation of the Owner of such Estate
against which such Assessment is made at the time when the Assessment fell
due. No Owner may exempt himself from liability for such Assessment or
waive or otherwise escape liability for the Assessments for non-use of the
_ Common Area or abandonment of his Estate. The personal obligation to pay
any such Assessment, together with interest thereon, attorneys' fees, court
costs and other costs of collection thereof, as herein provided, shall pass to
the successors in title of such Owner whether or not expressly assumed in
writing by such successors; provided that such personal obligation to pay
Assessments and other costs and change shall not pass to mortgagees of such
Owner who suceed to the title of such Owner.
Section 4.02. Purpose of Assessments. The Assessments levied by the
Association shall be used, in part, for the purpose of: (1) promoting the
recreation, , comfort, health, safety and welfare of the Members and/or the
residents of the Property, (2) managing the Common Area, and (3) enhancing
the quality of life in the Property and the value of the Property; and in
particular for the improvement and maintenance of the properties, services and
-- facilities devoted to the purpose and related to the use and enjoyment of the
Property including, but not limited to, the maintenance of areas within public
rights-of-way, the payment of taxes on the Common Area and insurance in
_ connection with the Common Area and the repair, replacement and addition
- 13 - 99500-0151.3
- thereto; for paying the cost of labor, equipment (including the expense of
leasing any equipment); for payment of the cost of providing or making
available to the Members various tiers of cable television services and for
- providing or making available to the Members various security and fire
protection services; for carrying out the powers and duties of the Board of
Directors of the Association as set forth in Article V of this Declaration; for
carrying out the purposes of the Association as stated in its Articles of
Incorporation; and for carrying out the powers and duties of the Architectural
Review Committee and the Board of Directors.
~" The Assessments herein provided for shall also be used to maintain,
preserve and promote the beautification and utility of the Lake System within
the Property, including, without limiting the generality of the foregoing, the
- regulation of silt, plant growth, and other debris accumulation in the Lake
System, and the control of the breeding an d proliferation of mosquitoes and
other pests in or around the Lake System, and including the maintenance of
- the concrete and wood walls and the stone paving lining the banks of the
lakes.
Section 4.03. Annual Assessments.
(a) Except as set forth in Section 4.03(b) below and
except as set forth in the second paragraph of this
- Section 4.03(a), each Member shall pay to the Association an
annual assessment not to exceed eighteen cents ($.18) per one
hundred dollars ($100.00) of value of the Estate so owned by such
Owner, as assessed by the Dallas County Appraisal District (or if
such Estate is not assessed by the Dallas County Appraisal District
then by the taxing ~ or appraisal authority that establishes tax
values for the municipal tax roll of the municipality or
_ governmental district in which the Estate is situated), for ad
valorem tax purposes for the then current calendar year.
__ Notwithstanding the preceding sentence of this
Section 4.03(a), the following provisions of this Section 4.03(a)
shall govern and control the determination of the assessed
valuation of an Estate which is being improved with an Apartment
- Complex. In the event that an Apartment Complex is under
construction or has been completed, but its market value (as
increased by such improvements) has not yet been reappraised and
- recognized on the ad valorem tax rolls by the relevant municipal
appraising authority, the Board of Directors may adjust the
assessed valuation of such Estate to reflect its estimated market
__ value based upon improvements completed as of January 1 of the
year in which the annual assessments shall be levied. Further, at
the time that a Certificate of Occupancy is issued for all or a
portion of an Apartment Complex, the Board of Directors may make
- an additional adjustment to the assessed valuation of the Apartment
Complex to reflect the estimated assessed valuation of the
Apartment Complex at substantial completion. The annual
-- assessments levied with respect to an Apartment Complex may be
adjusted effective as of January 1 in any year that the assessed
valuation for the Apartment Complex is adjusted in accordance with
- the preceding and may be adjusted effective as of the first day of
"~ - 14 - 99500-0151.3
- the month of issuance of a Certificate of Occupancy for all or any
portion of an Apartment Complex. Such adjustment to the annual
assessment will be made as a result of the adjustments in assessed
_ valuation determined by the Board of Directors, in its reasonable
judgment, in accordance with the preceding provisions of this
Section 4.03(a) . The determination of the Board of Directors as to
_ the assessed valuation of the Apartment Complex as substantially
complete, shall be the basis for the determination of annual
assessments until such time as the Dallas County Appraisal District
(or if such Apartment Complex is not assessed by the Dallas
- County Appraisal District, then by the taxing or appraisal
authority that establishes tax values for the municipal tax roll of
the municipality or governmental district in which the Estate is
- situated) has reappraised the Apartment Complex as substantially
complete and such reappraisal is incorporated into the tax rolls
and records of the relevant municipality. Thereafter, annual
_ assessments shall be determined in accordance with the provisions
of the first sentence of Section 4.03(a). Any valuations for
assessment purposes made by the Board of Directors in accordance
with the foregoing shall be made in a reasonable and good faith
- manner and shall yield consistent valuations among different
Owners and different Estates. In the event that any such valuation
for assessment of an Estate made by the Board of Directors
_ subsequently proves to be higher than the valuation for
assessment of such Estate made by the relevant municipal
appraising authority, the Owner of such Estate shall be entitled to
a credit against subsequent assessments in an amount equal to the
excess assessments paid by the Owner of such Estate as a result
of such higher valuation.
- (b) The provisions of this Section 4.03(b) apply to all
Estates improved with or zoned or restricted to use for Residential
Use other than Estates improved with or zoned or restricted to use
__ as an Apartment Complex. Notwithstanding anything to the
contrary contained in Section 4.03(a) above, each Owner of an
Estate improved with residential improvements, other than an
Apartment Complex, which Estate has not been reassessed by the
- Dallas County Appraisal District (or such substitute or successor
assessing authority, as aforesaid) subsequent to the issuance of a
Certificate of Occupancy shall pay annual assessments determined
- in accordance with this Section 4.03(b) . Prior to the issuance of
the Certificate of Occupancy, each Member owning an Estate
covered by this Section 4.03(b) shall pay to the Association an
__ annual assessment not to exceed eighteen cents ($.18) per one
hundred dollars (100.00) of value of the Estate so owned by such
Owner, as assessed by the Dallas County Appraisal District (or
such substitute or successor assessing authority, as aforesaid) for
- ad valorem tax purposes for the preceding calendar year. Upon
the issuance of a Certificate of Occupancy for an Estate covered
by this Section 4.03(b) the annual assessment for any such Estate
- shall be equal to one hundred twenty dollars ($120.00) per annum
for the period of time specified in the following sentence. The
assessments for Estates covered by this Section 4.03(b) shall be
equal to one hundred twenty dollars (120.00) per annum from and
- 15 - 99500-0151.3
_ after the date of issuance of the Certificate of Occupancy for the
residential improvements on such Estate until December 31 of the
year in which said Estate has been reassessed by the Dallas
County Appraisal District (or such substitute or successor
assessing authority, as aforesaid) based upon the value of the
Estate with the improvements thereon certified for occupancy. For
calendar years thereafter, the annual assessment for the Estate
- covered by this Section 4.03(b) shall be determined in accordance
with the provisions of the first sentence of Section 4.03(a).
(c) The Board of Directors may, after consideration of
current maintenance, operational and other costs and the future
needs of the Association, fix the actual annual assessments for any
year at a lesser amount. The Association may not accumulate a
surplus at the end of any fiscal year which is more than thirty
percent (300) of the maximum permissible annual assessment for
the subsequent fiscal year to be levied against the Members of the
- Association. The Board of Directors shall, should any such
surplus exist at the end of any fiscal year, reduce the annual
assessment to be levied against the Members of the Association for
the subsequent fiscal year by an amount equal to such surplus.
Declarant shall not be required to pay assessments with respect to
portions of the Property owned by Declarant and designated as
Common Area .
(d) The amount and time of the payment of the annual
assessment shall be determined by the Board of Directors pursuant
to the Articles of Incorporation and Bylaws of the Association.
The Board may provide that annual assessments shall be paid
monthly, quarterly, semi-annually or annually on a calendar year
basis. Not later than thirty (30) days prior to the beginning of
each fiscal year of the Association, the Board shall estimate the
total common expenses to be incurred by the Association for the
forthcoming fiscal year. The Board shall then determine, in a
manner consistent with the terms and provisions of this
Declaration, the amount of the annual assessment to be paid by
each Member. Written notice of the annual assessment to be paid
by each Member shall be sent to every Member but only to one
joint owner. Each Member shall thereafter pay to the Association
his annual assessment in installments as established by the Board.
Section 4.04. Special Assessments. In addition to the annual
assessments authorized by Section 4.03 of this Article IV, the Association may
levy in any calendar year a special assessment for the purpose of defraying,
in whole or in part, the cost of any construction or reconstruction,
unexpected repair or replacement of a capital improvement upon the Common
Area, including the necessary fixtures and personal property related thereto,
or for maintenance of portions of the Common Area and improvements therein
or for carrying out other purposes of the Association as stated in the Articles
of Incorporation of the Association; provided, that, any such special
assessment levied by the Association shall have the approval of the Members of
the Association as provided in Section 4.07, below.
- 16 - 99500-0151.3
Section 4.05. Special Individual Assessments. Upon the affirmative
majority vote of the Board of Directors of the Association as provided herein,
the Association may levy special assessments against individual Owners for:
- (i) reimbursement to the Association for repairs to the Common Area or
improvements thereto occasioned by the willful or negligent acts of such
Owner(s) and not the result of ordinary wear and tear; or (ii) for payment of
_ fines, penalties, or other charges imposed against an individual or separate
Owner relative to such Owner's failure to comply with the provisions of this
Declaration, the Bylaws of the Association or any rules or regulations
promulgated hereunder.
Section 4.06. Vote Required for Increase in Rate of Annual Assessment.
The increase in the rate of the annual assessment as authorized by
Section 4.03 of this Article IV must be approved as follows:
(a) From and after January 1 of the year immediately
_ following the conveyance of the first Estate to an Owner, the
maximum annual assessment may be increased each year not more
than ten percent (10$) (such maximum percentage increase may be
cumulative from year-to-year) above the maximum assessment for
the previous year without a vote of the membership.
(b) From and after January 1 of the year immediately
following the conveyance of the first Estate to an Owner, the
maximum annual assessment may be increased above ten
percent (10°a) by the vote or written consent of at least fifty-one
_ percent (51`0) of each class of Members, inclusive of the class of
Eligible Lenders.
(c) The Board of Directors shall fix the annual assessment
- at an amount not in excess of the maximum unless otherwise
approved in accordance with the preceding.
._ Section 4.07. Vote Required far Special Assessment. Any special
assessment levied by the Association in accordance with Section 4.04 of this
Article IV, must be approved by the Members in accordance with Section 3.06
hereof .
Section 4.08. Date of Commencement of Annual Assessments and Due
Date of Assessments. The annua! assessments provided for in this Declaration
- shall commence as to the Property on October 1, 1985, and such assessment or
any installment thereof (if payable in installments), shall be considered
delinquent if not paid by October 30, 1985. The first annual assessment shall
be made for the balance of the calendar year in which it is levied. The
amount of the annual 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 assessment provided for in Section 4.03 of this
- Article IV as the remaining number of months in that year bears to
twelve (12) . The annual assessments for any year after 1985 shall become due
and payable on January 1 of such year and such assessment or any installment
- thereof (if payable in installments) shall be considered delinquent if not paid
within thirty (30) days after such assessment or any installment thereof is
stated to be due and payable.
- 17 - 99500-0151.3
Section 4.09. Division of Special Assessments. Special Assessments
shall be fixed at an amount for each Estate equal to the product of the total
Special Assessment times a fraction, the numerator of which is the assessed
- valuation of such Estate (as determined in accordance with Section 4.03 of this
Article IV) and the denominator of which is the total of all such assessed
valuations for Estates within the Property.
Section 4.10. No Offsets. All Assessments shall be payable in the
amount specified by the Association and no offsets against such amount shall
be permitted for any reason.
Section 4.11. Reserves. The annual assessments shall include
reasonable amounts, as determined by the Board of Directors, collected as
- reserves for the future periodic maintenance, repair and/or replacement of all
or a portion of the Common Area. All amounts collected as reserves, whether
pursuant to this Section or otherwise, shall be deposited by the Association in
_ a separate bank account to be held in trust for the purposes for which they
were collected and are to be segregated from and not commingled with any
other funds of the Association. Assessments collected as reserves shall not be
considered to be advance payments of regular Assessments.
Section 4.12. Nonpayment of Assessments.
- (a) Delinquency. Any Assessment provided for in this
Declaration, that is not paid in full when due shall be delinquent
on the date after the date due ("delinquency date") as specified in
_ the notice of such Assessment. The Association shall have the
right to reject partial payment of an Assessment and demand full
payment thereof. If any Assessment or part thereof is not paid
within ten (10) days after the delinquency date, the unpaid
amount of such Assessment shall bear interest after the
delinquency date until paid at a rate equal to the lesser of
eighteen percent (18Qo) per annum or the maximum lawful rate.
(b) Lien. The unpaid amount of any Assessment not paid
by the delinquency date shall, together with the interest thereon
as provided in Section 4.12(a) of this Article IV and the cost of
collection thereof, including reasonable attorneys' fees, as herein
provided, thereupon become a continuing lien and charge on the
Estate of the non-paying Owner covered by such Assessment,
which shall bind such Estate in the hands of the Owner, and his
heirs, executors, administrators, devisees, personal represen-
tatives, successors and assigns. The aforesaid lien shall be
superior to all other liens and charges against the said real
property, except only for tax liens and the lien of any bona fide
mortgage or deed of trust now or hereafter placed upon said real
property subject to an Assessment and which mortgage or deed of
trust is recorded prior to recordation of written notice of past due
Assessments. In the event of the foreclosure of a lien superior
to the lien for Assessments (which superior lien is described in
the preceding sentence) and the sale of the property subject to
an Assessment as a result thereof, the Assessment lien is
discharged with respect to all Assessments accrued prior to the
sale. However, such a sale shall not relieve the Purchaser of such
- 18 - 99500-0151.3
- real property from liability for any Assessment thereafter
becoming due nor from the lien of any such subsequent Assessment.
The Association shall have the power to subordinate the lien
- securing the payment of any Assessment to any other lien. As
hereinbefore stated, the personal obligation of the Owner, at
the time of such Assessment, to pay such Assessment shall remain
- the personal obligation of such Owner and may pass to such
Owner's successors in title whether or not expressly assumed by
them in writing, as set forth in Section 4.01 hereinabove. The
lien for the unpaid Assessments shall be unaffected by any sale
- or assignment of an Estate and shall continue in full force and
effect.
- To evidence the aforesaid lien, the Association shall prepare
a written notice of lien setting forth the amount of the unpaid
indebtedness, the name of the Owner of the real property covered
by such lien and a description of the Estate covered by such lien.
Such notice shall be executed by an officer of the Association and
shall be recorded in the office of the County Clerk of Dallas
County, Texas.
(c) Remedies. The lien securing the payment of the
Assessments shall attach to the Estate belonging to such
- non-paying Owner with the priority set forth in this Section.
Subsequent to the recording of a notice of the lien as provided in
this Section, the Association may institute an action at law against
_ the Owner or Owners personally obligated to pay the Assessment
and/or for the foreclosure of the aforesaid lien by judicial
foreclosure. In any foreclosure proceeding the Owner shall be
required to pay the costs, expenses and reasonable attorneys' fees
- incurred by the Association. In the event an action at law is
instituted against the Owner or the Owners personally obligated to
pay the Assessment, there shall be added to the amount of any
- such Assessment the interest provided in this Section, the costs of
preparing and filing the complaint in such action and the
reasonable attorneys' fees incurred in connection with such action;
_ and in the .event a judgment is obtained, such judgment shall
include interest on the Assessment as provided in this Section and
a reasonable attorneys' fee to be fixed by the court, together with
the costs of the action. Each Member vests in the Association or
- their assigns the right and power to bring all actions at law or
lien foreclosure against such Member or other Members for the
collection of such delinquent Assessments. Upon the written
_ request of any mortgagee holding a prior lien on any part of the
Property, the Association shall report to said mortgagee any
Assessments remaining unpaid for longer than sixty (60) days
after. the delinquency date of such Assessment.
Section 4.13. Exempt Property. The following property subject to the
Declaration shall be exempt from the assessments, charges and liens created in
this Declaration:
(a) All properties dedicated and accepted by the local
public authority, public utilities and devoted to public use,
- 19 - 99500-0151.3
- including, but not limited to any and all property owned by any
school district or the City of Coppell, Texas;
(b) All Common Area; and
(c) All portions of the Property owned by non-profit
_ organizations and restricted for use as private schools or
churches; provided, however, the exemption of such organizations
and the portions of the Property owned by same is subject to
review and approval by the Board of Directors of the Association,
- such exemption being contingent upon approval by the Board of
Directors .
- Portions of the Property which are exempt from the assessments, charges and
liens created by this Declaration pursuant to Section 4.13(a) or (c) shall in
any event be subject to all other provisions of this Declaration including, but
- not limited to, the Protective Covenants of Article IX, architectural review
requirements of Article X and the liability for special individual assessments as
set forth herein. Owners of portions of the Property which are exempt
pursuant to Section 4.13(a) and (c) shall be Members of the Asssociation but
- shall have no voting rights.
Section 4.14. Estoppel Information from Board of Directors with Respect
"to Assessments. The Board of Directors of the Association shall upon demand
at any time furnish to any Owner liable for an Assessment, a certificate in
writing signed by an officer of the Association, setting forth whether said
Assessment has been paid. Such certificate 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.
- Section 4.15. Commercial Area Assessments. The Association shall be
authorized to levy and collect assessments from t he owner(s) of all or any
portion of the real property (the "Commercial Property") described on
- Exhibit "B" attached hereto and made a part hereof for all purposes. Such
assessments shall be determined, levied, collected and paid according to the
terms and provisions of that certain Declaration of Covenants, Conditions and
Restrictions for the Commercial Area of the Lakes of Coppell filed
19 in Volume Page in the office of the
County Clerk of Dallas County, Texas (the "Commercial Declaration"). The
Association shall have such powers, duties, obligations and liabilities
relative to the Commercial Property as are set forth in the Commercial
Declaration.
ARTICLE V
GENERAL POWERS AND DUTIES OF THE BOARD
OF DIRECTORS OF THE ASSOCIATION
Section 5.01. Powers and Duties. The affairs of the Association shall
- be conducted by the Board of Directors (herein so-called) of the Association.
The Board of Directors of the Association shall be selected in accordance with
the Articles of Incorporation and the Bylaws of the Association. In addition to
the powers and duties enumerated in the Articles of Incorporation and the
Bylaws of the Association, or elsewhere provided for herein, and without
- 20 - 99500-0151.3
- limiting the generality thereof, the Board of Directors, for the mutual benefit
of the Members of the Association, shall have the following powers and/or
duties:
(a) If, as and when the Board of Directors of the
Association, in its sole discretion, deems necessary it may take
such action to enforce the terms and provisions of this Declaration
and the Articles of Incorporation and the Bylaw s of the Association
by appropriate means and carry out the obligations of the
Association hereunder, including without limitation, the
expenditure of funds of the Association, the employment of legal
counsel and accounting services, the commencement of legal causes
of action, the promulgation and enforcement of the Association
rules (herein so-called) which may include the establishment of a
system of fines and/or penalties enforceable as special individual
assessments as provided in Section 4.05 of Article IV to this
Declaration, and to enjoin and/or seek legal damages from any
Owner for violation of such provisions or rules;
(b) To acquire, maintain and otherwise manage all of the
- Common Area and all facilities, improvements and landscaping
thereon, and all personal property acquired or owned by the
Association;
(c) To execute all declarations of ownership for tax
assessment purposes and to pay any and all real and personal
property taxes and other charges or assessments assessed against
the Common Area, unless the same are separately assessed to all
or any of the Owners;
- (d) To obtain, for the benefit of the Common Area, all
water, gas and electric services, refuse collections, landscape
maintenance services and other services, which in the opinion of
the Board of Directors shall be necessary or proper;
(e) To make such dedications and grant such easements,
licenses, franchises or other rights, which in its opinion are
- necessary for street, right-of-way, utility, sewer, drainage and
other similar facilities or video services, cable television services,
security services, communication services and other similar
- services over the Common Area to serve the Property or any part
thereof;
(f) To contract for and maintain such policy or policies of
- insurance as may be required by this Declaration or as the Board
of Directors of the Association deems necessary or desirable in
furthering the purposes of and protecting the interest of the
- Association and its Members;
(g) To borrow funds to pay costs of operation secured by
assignment or pledge of its rights against delinquent Owners to
the extent deemed advisable by the Board of Directors of the
Association;
- 21 - 99500-0151.3
- (h) To enter into contracts for legal and accounting
services, maintain one or more bank accounts, and generally, to
have the powers necessary or incidental to the operation and
- management of the Association and the Common Area;
(i) To enter into contracts for the provision of security
services to the Property;
(j) If, as and when the Board of Directors of the
Association, in its sole discretion, deems necessary it may take
- action to protect or defend the Common Area or other property of
the Association from loss or damage by suit or otherwise;
(k) To sue and defend in any court of law on behalf ,of
the Association or one (1) or more Members thereof;
(I) To establish and maintain a working capital and/or
contingency fund in an amount to be determined by the Board of
Directors of the Association;
- (m) To make reasonable rules and regulations for the
operation and use of the Common Area and to amend same from
time to time; provided, however, 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 or regulation
applicable to less than all of the Property, by the Members in that
portion of the Property affected thereby;
(n) To make available to each Owner and any individual or
entity holding a mortgage or deed of trust on any Estate within
- sixty (60) days after the end of each fiscal year, an audited
annual report and such annual report shall contain a balance
sheet, income statement, statement of sources and use of funds,
auditor's opinion and notes;
(o) To adjust the amount, collect and use any insurance
proceeds to repair damage or replace lost property owned by the
- Association, and if the proceeds are insufficient to repair damage
or replace lost property owned by the Association, to assess the
Members in proportionate amounts to cover the deficiency as set
forth in Section 4.04;
(p) To provide services for the benefit of Members,
including but not limited to, security, entertainment, recreation,
education and television cable; and
(q) To delegate its powers and duties to committees,
- officers or employees as provided in the Bylaws of the Association,
employ a manager or other persons and contract with independent
contractors or managing agents who have professional experience
- to perform all or any part of the duties and responsibilities of the
Association, provided that any contract with a person or entity
appointed as a manager or managing agent shall be terminable
`~ without cause on not more than thirty (30) days written notice by
- - 22 - 99500-0151.3
- the Association and shall have a term of not more than one (1)
year with successive one (1) year renewal periods upon the mutual
agreement of the parties .
Section 5.02. Contracts Terminable. Prior to the date that the Class B
Membership converts to Class A Membership, the Board of Directors shall enter
into no contracts or agreements which are not terminable by such Board upon
no more than ninety (90) days prior written notice.
ARTICLE VI
PROPERTY RIGHTS IN THE COMMON AREA
Section 6.01. Members' Easements of Enjoyment. Subject to the
provisions of Section 6.03 of this Article, Section 12.09 of Article XII and
_ Section 8.05 of Article VIII, every Member and every tenant of every Member,
who resides on an Estate, and each individual who resides with either of them,
respectively, on such Estate shall have a right and easement of use and
enjoyment in and to the Common Area and such easement shall be appurtenant
- to and shall pass with the title of every Estate, PROVIDED, HOWEVER, such
easement shall not give such person the right to make alterations, additions or
improvements to the Common Area.
Section 6.02. Title to the Common Area. The Declarant shall dedicate
and convey (at such time as any Common Area shall be created by the
Declarant), without consideration, the fee simple title to those portions of the
Common Area owned by the Declarant to the Association, free and clear of
liens and encumbrances other than those created in this Declaration and such
Common Area shall be accepted by the Association, in writing.
Section 6.03. Extent of Members' Easements. -The rights and easements
of enjoyment created hereby shall be subject to the following:
(a) The right of the Association to prescribe regulations
governing the use, operation and maintenance of the Common Area.
(b) Liens of mortgages placed against the Common Area
with respect to monies borrowed by the Association for the
purpose of improving the Common Area and facilities;
(c) The right of the Association to enter into and execute
contracts with third parties (including the Declarant, or an
_ affiliate of the Declarant, so long as such contracts do not provide
for compensation to the Declarant, or its affiliate, which exceeds
compensation which would be paid to an independent third party
for such services) for the purpose of providing maintenance or
- such other materials or services consistent with the purposes of
the Association;
(d) The right of the Association to take such steps as are
reasonably necessary to protect the Common Area against
foreclosure;
- - 23 - 99500-0151.3
(e) 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 an Estate owned by
such Member remains past due, and for any period not to exceed
sixty (60) days for an infraction of its rules and regulations,
unless the Member in good faith contests such Assessment or rules
and regulations.
ARTICLE VII
INSURANCE; REPAIR AND RESTORATION
Section 7.01. Insurance. The Association's Board of Directors or its
duly authorized agent shall have the authority to and shall obtain insurance
for all insurable improvements on the Common Area. This insurance shall
cover loss or damage by fire or other hazards, including extended coverage,
vandalism, and malicious mischief and shall be in an amount sufficient to cover
the full replacement cost of any repair or reconstruction in the event of
damage or destruction from any such hazard.
The Board of Directors of the Association shall obtain a public liability
_ policy applicable to the Common Area covering the Association and its Members
for all damage or injury caused by the negligence of the Association or any of
its members or agents, and, if reasonably available, directors' and officers'
liability insurance. The public liability policy shall have a combined single
- limit of at least One Million (S1,000,000.00) Dollars.
Premiums for all insurance shall be common expenses of the Association.
- The policies may contain a reasonable deductible, and the amount thereof shall
be added to the face amount of the policy in determining whether the
insurance at least equals the full replacement cost.
All such insurance coverage obtained by the Board of Directors of the
Association shall be written in the name of the Association, as trustee, for the
respective benefitted parties, as further identified in subparagraph (b),
below. Such insurance shall be governed by the ,provisions hereinafter set
forth:
- (a) All policies shall be written with a company licensed to
do business in Texas and holding a rating of XI or better in the
Financial Category as established by A.M. Best Company, Inc., if
available, or, if not available, the most nearly equivalent rating.
(b) All policies shall be for the benefit of the Owners and
their mortgagees, as their interests may appear.
(c) Exclusive authority to adjust losses under policies
obtained by the Association shall be vested in the Association's
Board of Directors; provided, however, no mortgagee having an
interest in such losses may be prohibited from participating in the
settlement negotiations, if any, related thereto.
- 24 - 99500-0151.3
_ (d) In no event shall the insurance coverage obtained and
maintained by the Association's Board of Directors hereunder be
brought into contribution with insurance purchased by individual
_ Owners, occupants, or their mortgagees, and the insurance carried
by the Association shall be primary.
(e) All casualty insurance policies shall have an inflation
guard endorsement, if reasonably available, and an agreed amount
endorsement with an annual review by one or more qualified
persons, at least one of whom must be in the real estate industry
___ and familiar with construction in the Dallas County, Texas, area.
(f) The Association's Board of Directors shall be required
_ to make every reasonable effort to secure insurance policies that
will provide for the following:
(i) a waiver of subrogation by the insurer as
- to any claims against the Association's Board of
Directors, its manager, the Owners and their
respective tenants, servants, agents, and guests;
(ii) a waiver by the insurer of its rights to
repair and reconstruct instead of paying cash;
(iii) that no policy may be cancelled,
invalidated, or suspended on account of any one or
more individual Owners;
(iv) that no policy may be cancelled,
invalidated, or suspended on account of any defect or
_ the conduct of any director, officer, or employee of
the Association or its duly authorized manager without
prior demand in writing delivered to the Association to
cure the defect or to cease the conduct and the
-~ allowance of a reasonable time thereafter within which
a cure may be effected by the Association, its
manager, any Owner or mortgagee;
(v) that any "other insurance" clause in any
policy exclude individual Owners' policies from
_ consideration; and
(vi) that no policy may be cancelled or
substantially modified without at least ten (10) days'
~- prior written notice to the Association.
In addition to the other insurance required by this Section, the Board of
- Directors of the Association shall obtain workmen's compensation insurance, if
and to the extent necessary, to satisfy the requirements of applicable laws,
and a fidelity bond or bonds on directors, officers, employees, and other
__ persons handling or responsible for the Association's funds. The amount of
fidelity coverage shall be at least the sum of three (3) months assessments
plus reserves on hand. Bonds shall contain a waiver of all defenses based
upon the exclusion of persons serving without compensation and may not be
_ - 25 - 99500-0151.3
- cancelled or substantially modified without at least ten (10) days' prior written
notice to the Association. The Association shall also obtain construction code
endorsements, steam boiler coverage, and flood insurance, if and to the extent
necessary to satisfy the requirements of FNMA, FHLMC, FHA or VA.
Section 7.02. Insurance Proceeds. Proceeds of insurance shall be
disbursed by the insurance carrier to the Association or contractors designated
- by the Association as the Board of Directors may direct. The Association shall
use the net insurance proceeds to repair and replace any damage or
destruction of property, real or personal, covered by such insurance. Any
- balance from the proceeds of insurance paid to the Association, as required in
this Article, remaining after satisfactory completion of repair and replacement,
shall be retained by the Association as part of a general reserve fund for
- repair and replacement of subject property.
Section 7.03. Insufficient Proceeds. If the insurance proceeds are
insufficient to repair or replace any loss or damage to the Common Area or the
improvements thereon or appurtenant thereto, the Association may levy a
special assessment as provided for in Article IV 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 his undivided responsibility, pay any excess costs of repair or
replacement.
Section 7.04. Mortgagee Protection. There may be attached to all
policies of insurance against loss or damage by fire and other hazards, a
mortgagee's or lender's loss payable clause; provided, however, that amounts
- payable under such clause to the mortgagee shall be paid to the Association to
hold for the payment of all costs of repair or replacement. The Association
shall be responsible to hold said monies or to collect additional monies i# the
_ proceeds are insufficient to pay for the cost of all repairs or replacements and
shall ensure that all mechanics', material and similar liens which may result
from said repairs or replacements, are satisfied.
- Section 7.05. Destruction of Improvements on Individual Estates. I n
the event of destruction (total or partial) to the improvements on any
individual Estates due to fire or any other cause, each Estate Owner covenants
- and agrees to commence all necessary repairs, reconstruction or complete
removal of the damaged improvements within four (4) months of the date that
the damage occurs and to diligently continue such repair, reconstruction or
removal until completed within a reasonable time from the commencement of
such work. Repairs, reconstruction or complete removal of damaged improve-
ments may be commenced more than four (4) months after the date of
occurence of damage if the delays in commencements are caused by factors
_ beyond the reasonable control of the Owner of the damaged improvements.
The Board of Directors of the Association shall not be obligated to enforce the
covenants set forth in this Section 7.05.
- 26 - 99500-0151.3
ARTICLE Vlll
USE OF COMMON AREA
The Common Area may be occupied and used as follows:
Section 8.01. Restricted Actions by Owners. No Owner shall permit
anything to be done on or in the Common Area 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 Area.
Section 8.02. Damage to the Common Area. Each Owner shall be liable
to the Association for any damage to the Common Area caused by the
negligence or willful misconduct of the Owner or his family, pets or invitees.
Section 8.03. Rules of the Board. All Owners, tenants and occupants
shall abide by any rules and regulations adopted by the Board or the
Architectural Review Committee. The Board shall have the power to enforce
compliance with said rules and regulations by all appropriate legal and
equitable remedies, and an Owner determined by judicial action to have
violated said rules and regulations shall be liable to the Association for all
damages and costs, including reasonable attorneys' fees. The By-Laws of the
Association may also provide for disciplinary procedures which may, at the
option of the Board, be implemented to enforce such rules and regulations and
to impose penalties for failure to comply with such rules and regulations.
Section 8.04. Suspension of Right to Use Common Area and/or Right to
Vote. The Board of Directors of the Association may suspend the right of any
Owner, its tenants, guests or licensees to use the Common Area and/or may
suspend the right of any Owner to vote during any period of time that such
Owner is in default of its obligations pursuant to this Declaration, the By-laws
or the rules and regulations promulgated by the Board or the Architectural
Review Committee, including, but not limited to its obligations to pay
assessments or to comply with the architectural control provisions and
protective covenants contained herein.
Section 8.05. Lake System Common Area. That portion of the Common
Area which constitutes the Lake System may be used by the Owner(s) of Lots
- abutting the Lake System for the construction of piers and boat docks, which
shall be designed, constructed and maintained in accordance with Design
Guidelines promulgated by the Architectural Revie w Commiittee. The pi ers and
_ docks so constructed shall be appurtenant to and run with the Lot on which it
is constructed and shall be for the exclusive use and benefit of the Lot
Owner(s) on whose Lot said dock or pier is const ructed.
ARTICLE IX
USE OF PROPERTY AND ESTATES - PROTECTIVE COVENANTS
The Property and each Estate situated thereon shall be constructed,
developed, occupied and used as follows:
- 27 - 99500-0151.3
- Section 9.01. Residential Purposes. Each Estate (including land and
improvements) shall be used and occupied for single-family residential
purposes, Apartment Complex purposes or Condominium Building only, except
as hereafter provided. No Owner or other occupant shall use or occupy his
Estate, or permit the same or any part thereof to be used or occupied, for
any purpose other than the residential purposes referenced in this
Section 9.01, except as hereafter provided. As used herein the term
_ "residential purposes" shall be deemed to specifically prohibit all other uses,
without limitation, except for the use of any Estate for the development and
maintenance thereon of Condominium Buildings, Apartment Complexes or
- free-standing single-family residences; provided that certain portions of the
Property may be used as public or private schools or churches as determined
by the Declarant or the Association by so providing in a Supplementary
- Declaration recorded with respect to such specific area. A Supplementary
Declaration recorded for a residential area may designate such area to be
either a single-family residential area or a multi-family residential area, and
may further designate such residential use for that area to be attached or
detached single-family residences or any combination thereof in the case of a
single-family residential area, or one or more apartment complexes or
condominium buildings or townhouses or any combination thereof in the case of
multi-family residential area. The Supplementary Declaration may designate an
area as a planned unit development combining both single-family and multi-
family residences where permitted by applicable zoning.
Section 9.02. Other Use Limitations.
(a) Certificate of Compliance. No Estate or any other
portion of the Property shall be deemed to be improved or altered
in compliance with this Article IX or Article X hereof until the
Architectural Review Committee shall have issued a Certificate of
Compliance with these covenants and restrictions to the Owner of
such Estate or such other portion of the Property. Such
Certificate shall be issued only after completion (as defined by the
American Institute of Architects) of the subject residential
improvements and shall be issued or denied within five (5)
business days after the Committee has received a written request
for such certification from the Estate Owner. Receipt of such
written request for certification shall be confirmed in writing by
the Committee and certification shall be deemed given if not denied
in writing within said five (5) business day period.
(b) Removal of Dirt. The digging of dirt or the removal
of any dirt from any Estate is prohibited, except as necessary in
conjunction with landscaping, drainage or construction of
improvements thereon.
(c) 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
Estate, nor shall oil wells, water wells, tanks, tunnels, mineral
_ excavations or shafts be permitted upon or in any Estate. No
derrick or other structure designed for use in boring for oil,
natural gas or water shall be erected, maintained or permitted
upon any Estate.
- 28 - 99500-0151.3
_ (d) Offensive Activities. No noxious or offensive activity
shall be conducted on any Estate nor shall anything be done
thereon which is or may become an annoyance or nuisance to the
- other Estate Owners. The Architectural Review Committee, in its
reasonable discretion, shall determine what constitutes a noxious or
offensive activity. No animals, livestock or poultry of any kind
_ shall be raised, bred or kept on any Estate, except that dogs,
cats or other household pets may be kept, provided that they are
not kept, bred or maintained for commercial purposes and further
provided that they do not become an annoyance or nuisance to
other Estate Owners.
(e) Commercial Use. No manufacturing, trade,
- business, commerce, industry, profession, or other occupation
whatsoever will be conducted or carried on upon any Estate or any
part thereof, or in any building or other structure erected
thereon, save and except sales or leasing offices and apartment
leasing and management offices, with the prior written approval of
the Architectural Review Committee and compliance with City of
Coppell Zoning Ordinances.
(f) Clotheslines. No clotheslines may be maintained on
any Estate unless completely screened from public view.
(g) Antennas. No antenna, tower or receiving dish shall
be erected on any Estate for any purpose, nor shall any antenna
_ or tower be affixed to the outside of any dwelling on any Estate;
except as may be allowed by the Architectural Review Committee,
in its sole discretion, and provided that such antenna, tower or
receiving dish is completely screened from public view.
(h) Trash Receptacles and Collection. - All trash
receptacles shall be screened by fences or shrubbery so as not to
- be generally visible by the public, unless otherwise approved by
the Architectural Review Committee in writing. Each and every
Estate Owner shall observe and comply with any and all regulations
_ or requirements promulgated by the City of Coppell, Texas,
and/or the Association, in connection with the. storage and removal
of trash and garbage. All Estates shall at all times be kept in a
healthful, sanitary and attractive condition. No Estate 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 adequate containers which shall be constructed of
metal, plastic or masonry materials, with tightly-fitting lids, and
which shall be maintained in a clean and sanitary condition. No
Estate shall be used for open storage of any materials whatsoever,
except that new building materials used in the construction of
improvements erected on any Estate may be placed upon such
Estate at the time construction is commenced and may be
maintained thereon for a reasonable time, so long as the
- construction progresses without unreasonable delay, until
completion of the improvements, after which these materials shall
either be removed from the Estate, ~ or stored in a suitable
- 29 - 99500-0151.3
- enclosure on the Estate. No garbage, trash, debris, or other
waste matter of any kind shall be burned on any Estate.
- (i) Temporary Structures and Vehicles. No temporary
structure of any kind shall be erected or placed upon any Estate.
No trailer, mobile, modular or prefabricated home, tent, shack,
barn or any other structure or building, other than the residential
= structure to be built thereon, shall be placed on any Estate,
either temporarily or permanently and no residence house, garage
or other structure appurtenant thereto, shall be moved upon any
- Estate from another location; except, however, that Declarant
reserves the exclusive right to erect, place and maintain, and to
permit builders and Owners to erect, place and maintain such
- facilities in and upon the Property as in its sole discrection may
be necessary or convenient during the period of and in connection
with the sale of Estates, construction and selling of residential
structures 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. Declarant, Owners and builders shall
- also have the temporary right to use a residence situated on an
Estate as a temporary office or model home during the period of
and in connection with construction and sales or leasing operations
_ on the Property, but in no event shall a builder or Owner have
such right for a period in excess of one (1) year from the date of
substantial completion (as defined by the American Institute of
Architects) of his last residential structure on the Property.
- Except as hereafter provided, any truck, bus, boat, boat trailer,
trailer, mobile home, campmobile, camper, recreational vehicles or
any vehicle other than conventional automobile shall, if brought
- within the Property, be stored, placed or parked within the
garage of the appropriate Estate Owner and concealed from view
by 'other Estate Owners, unless the Architectural Review
_ Committee, in its sole discretion, directs otherwise. The Owner
may designate areas (subject to approval by the Committee) within
Estates improved with Apartment Complexes or Condominuim
Buildings where boats, boat trailers, .recreational vehicles,
- campmobiles or campers may be parked or placed within the public
view.
(j) Si ns. No sign or signs shall be displayed to the
public view on any Estate except that:
_ (i) Declarant may erect and maintain a sign or
signs deemed reasonable and necessary for the
construction, development, operation, promotion,
leasing and sale of the Estates;
(ii) Any builder, during the applicable initial
construction and sales period, may utilize one
- professional sign [of not more than five (5) square
feet in size] per Estate for advertising and sales
promotion;
- 30 - 99500-0151.3
- (iii) thereafter, a dignified "for sale" sign [of
not more than five (5) square feet in size], acceptable
to the Architectural Review Committee, may be utilized
- by the Estate Owner of the respective Estate for the
sale of the Estate;
- (iv) other signs identifying Apartment
Complexes or Condominium Buildings shall be permitted
if approved as to size, composition, design,
illumination and location by the Architectural Review
Committee. Signs conforming to Design Guidelines
promulgated by the Committee shall be approved; and
- (v) 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
Property.
(k) Swimming Pools. No above ground swimming pools
- shall be permitted except upon the prior written approval of the
Architectural Review Committee.
(I) External Sculpture and Like Accessories. All exterior
sculpture, fountains, flags and like accessories on the Estates are
subject to approval of the Architectural Review Committee.
(m) Removal of Water. No water shall be drawn from the
Lake System by any person, firm or corporation for any purpose.
- (n) Boats. No gasoline powered boats are allowed on the
Lake System, but electrically powered boats up to three (3)
horsepower are permitted. No boats or other water borne vehicles
- are allowed on the Lake System except those owned or operated by
Association Members or their invitees.
_ (o) Swimming. No swimming in the Lake System is
a I lowed .
Section 9.03. Landscaping, Walls and Fences.
(a) Landscaping Ptan. A landscaping plan approved by
the Architectural Review Committee will be required with respect to
-- the improvements on any Estate. The details of the plan will be
dependent upon the density of the residential project, with higher
density multi-family projects requiring a more detailed and
extensive plan, and lower density single-family projects requiring
only a plan for thoroughfare street edge treatment, entry areas
and front yards.
- (b) Maintenance of Landscaping and Sprinkler System.
Each Condominium Building and Apartment Complex shall have and
contain an underground water sprinkler system for the purpose of
_ providing sufficient water to all landscaped areas. Weather
- 31 - 99500-0151.3
_ permitting, areas appurtenant to building shall be fully landscaped
within ninety (90) days from the date the building is occupied.
The Owners of Estates shall be responsible for the landscaping and
- maintenance of their Estates and the landscaped areas located
between their Estates and adjacent streets unless maintenance
responsibility and an easement for such is conveyed to the Master
_ Association or other association and accepted by it.
(c) Fences.
_ (i) No fence, wall or hedge shall be erected,
placed or altered on any Estate without the approval of
the Architectural Review Committee. All clotheslines,
- wood piles, tool sheds, air-conditioning equipment,
sanitation facilities or other service facilities must be
enclosed with fences, walls or landscaping, as may be
- required by the Architectural Review Committee, so as
not to be generally visible by the public unless
otherwise approved by the Committee in writing.
- (ii) The Architectural Review Committee shall
promulgate specific Design Guidelines governing the
composition and location of screening walls, fences and
- hedges to be located upon Estates within the Property.
Screening walls shall be incorporated into and be
harmonious with the overall landscaping plan developed
for the Properties.
(iii) No fence, wall, hedge or shrub planting
which obstructs sight lines at elevations between 2 and
- 6 feet above the roadways shall be placed or permitted
to remain in any corner Estate within the triangular
area formed by the street property lines and a line
connecting them at points 25 feet from the intersection
of the street lines, or in the case of a rounded
property corner from the intersection of the street
lines extended. The same sight line limitations shall
- apply on any Estate within 10 feet from the
intersection of a street property line with the edge of
a driveway or alley pavement. No tree shall be
- permitted to remain within such distances of such
intersections unless the foilage line is maintained at a
sufficient height to prevent obstruction of such sight
lines.
(iv) No chain link, wire or other open fencing
will be allowed unless expressly approved in writing
by the Architectural Review Committee.
Section 9.04. Streets, Sidewalks and Exterior Lighting.
(a) Composition of Streets. All streets and alleys shall be
concrete paving or other materials approved by the Architectural
Review Committee in writing.
- 32 - 99500-0151.3
- (b) Alignment and Size of Streets. Alignment and size of
streets and alleys should conform to the standards and objectives
expressed in Design Guidelines, must be approved by the
- Architectural Review Committee and comply with all relevant
regulations and ordinances of the City of Coppell, Texas.
(c) Sidewalks. Each public street shall have a sidewalk on
each side, the size and location and materials of which should
conform to the Design Guidelines, must be approved by the
Architectural Review Committee and comply with the City of
Coppell, Texas standards.
(d) Exterior Lighting. A street lighting plan showing
- street light locations, spacing, standard types and light type and
sizes must be submitted for approval by the Architectural Review
Committee. No exterior light shall be installed or maintained
within the Property, which light is found to be objectionable by
the Architectural Review Committee. Upon being given notice by
the Committee that any exterior light is objectionable, the Owner
of the Estate on which same is located will immediately remove said
light or shield the same in such a way that it is no longer
objectionable.
- Section 9.05. Construction Standards. All residential structures shall
meet the following requirements (except as may be modified by the
Architectural Review Committee):
(a) Foundations. The foundation system shall be designed
by a registered professional engineer based on recommendations
given in a soils report prepared by a soils engineering firm. The
soils investigation and analysis, and the design of the foundation
system, shall be made by registered professional engineers and
submitted to Architectural Review Committee for approval.
(b) Roofs. Roofs shall conform to the Design Guidelines.
The use of various roofing materials within the Property shall be
permitted; however, no roofing material shall be used without first
obtaining the Architectural Review Committee's approval of same.
The Architectural Review Committee will only approve roofing
materials which are of high grade and quality and which are
consistent with the exterior design, color and appearance of other
improvements within the Property.
(c) Exterior Building Materials. Exterior building
materials and colors should conform to the Design Guidelines and
must be approved by the Architectural Review Committee. In
addition the exterior of improvements shall conform to the
_
following:
(i) Residential improvements shall not be
- ado rned with stylistic ornamentation or details that are
out of character with the community image.
- 33 - 99500-0151.3
- (ii) Exterior wall surface materials shall be
limited to two approved materials, excluding trim,
unless otherwise approved in writing by the
Architectural Review Committee.
(iii) Brick exterior walls must be of hard fired
face brick.
(iv) Stucco exterior walls shall be the
traditional three (3) coat process unless another
- process is specifically approved by the Architectural
Review Committee.
(v) Wood shingle siding shall be No. 1
Perfection Red Cedar shingles.
(vi) Wood shake siding shall be No. 1 Handsplit
Red Cedar shakes.
(vii) Balconies shall be designed to have no
- more than fifty percent (500) open railing; unless
otherwise approved in writing by the Architectural
Review Committee.
(viii) Chimneys shall be clad in materials
compatible with the residential improvements of which
the chimneys are a part.
(d) Mailboxes. A plan showing the location and design of
all mailboxes and clustered mailbox systems must be approved by
_ the Architectural Review Committee. Housing for mailboxes shall
be architecturally integrated with the individual residential project
and shall be of similar construction, materials, design and form to
said residential project.
(e) Screening of Service Equipment. A plan showing the
location and screening of all exterior utility meters, transformers
- and other exterior mechanical equipment must be approved by the
Architectural Review Committee. No roof mounted mechanical
equipment shall be permitted unless properly screened and
- approved by the Architectural Review Committee.
(f) Utilities.
- (i) Improvements situated on an Estate shall
be connected to the water and sewer lines as soon as
practicable after same are available at the Estate line.
- No privy, cesspool or septic tank shall be placed or
maintained upon or in any Estate. The installation and
use of any propane, butane, LP Gas or other gas
- tank, bottle or cylinder of any type, shall require the
prior written approval of the Architectural Review
Committee.
- - 34 - 99500-0151.3
- (ii) All telephone, electric, cable or other
service lines shall be installed underground and shall
meet all requirements of the City of Coppell, Texas.
(iii) A general utility plan for the construction
and installation of all utility and other services,
including, but not limited to, water, sanitary sewer,
storm sewer, electric, telephone, cable and gas
services must be submitted to the Architectural Review
Committee for approval prior to installation.
(g) Lake Set Back. No structure of any kind shall be
placed or permitted to remain within twenty (ZO) feet of the bank
of a lake within the Lake System..
(h) Paint. All painted improvements and other painted
_ structures on each Estate shall be repainted by the Owner thereof
at his sole cost and expense as often as is reasonably necessary to
insure the attractiveness and aesthetic quality of such Estate or
improvement. The approval of the Architectural Review Committee
otherwise required for improvements under Article X, shall not be
required for such repainting so long as neither the color scheme
nor the arrangement of the colors of any improvements, nor the
- color of any paint thereon is altered.
(i) Construction Period. Once commenced, construction
_ shall be diligently pursued to the end that it may not be left in a
partially completed condition any longer than reasonably necessary.
Section 9.06. Community Antenna Television (CATV) and Security
- Systems.
(a) CATV System. The Declarant and/or the Association
shall have the option, but not the obligation, to incorporate into
any and all dwelling units a basic CATV System described and
installed according to guidelines established by the Declarant and
enforced by the Architectural Review Committee.
(b) Fire and Burglar Alarms. There shall be incorporated
into any and all dwelling units a security and/or fire protection
- system designed and installed according to guidelines established
by the Declarant and enforced by the Architectural Review
Committee. This system shall be capable of adding an alarm
__ communications interface capable of transmitting fire and burglar
alarm signals. In conjunction with this alarm system, all exterior
openings shall be prewired.
- ALL OWNERS, TENANTS, GUESTS AND INVITEES OF ANY
ESTATE OR ESTATE OWNER, AS APPLICABLE, ACKNOWLEDGE
THAT THE DECLARANT, THE ASSOCIATION AND ITS BOARD OF
- DIRECTORS, AND THE ARCHITECTURAL REVIEW COMMITTEE DO
NOT REPRESENT OR WARRANT THAT ANY FIRE PROTECTION
SYSTEM OR BURGLAR ALARM SYSTEM DESIGNED OR INSTALLED
ACCORDING TO GUIDELINES ESTABLISHED BY THE DECLARANT
- 35 - 99500-0151.3
- OR THE ARCHITECTURAL REVIEW COMMITTEE MAY NOT BE
COMPROMISED OR CIRCUMVENTED, THAT THE FIRE PROTECTION
AND BURGLAR ALARM SYSTEMS WILL PREVENT LOSS BY FIRE,
SMOKE, BURGLARY, THEFT, HOLD-UP, OR OTHERWISE AND
THAT THE AFORESAID FIRE PROTECTION AND BURGLAR ALARM
SYSTEMS WILL IN ALL CASES PROVIDE THE DETECTION OR
PROTECTION FOR WHICH THE SYSTEM IS INSTALLED OR
INTENDED. EACH OWNER, TENANT, GUEST OR INVITEE OF AN
ESTATE OR AN ESTATE OWNER, AS APPLICABLE,
ACKNOWLEDGES AND UNDERSTANDS THAT THE DECLARANT,
- THE ASSOCIATION, BOARD OF DIRECTORS AND ARCHI-
TECTURAL REVIEW COMMITTEE ARE NOT AN INSURER AND
THAT EACH OWNER, TENANT, GUEST AND INVITEE ASSUMES
ALL RISKS FOR LOSS OR DAMAGE TO PERSONS, ESTATES OR
TO THE CONTENTS OF ESTATES AND FURTHER ACKNOWLEDGE
THAT DECLARANT, THE ASSOCIATION, BOARD OF DIRECTORS
AND ARCHITECTURAL REVIEW COMMITTEE HAVE MADE NO
_ REPRESENTATIONS OR WARRANTIES NOR HAS ANY OWNER,
TENANT, GUEST OR INVITEE RELIED UPON ANY
REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED,
-- INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE RELATIVE TO THE FIRE AND
BURGLAR ALARM SYSTEMS DESCRIBED IN THIS
_ SECTION 9.06(b) .
(c) Metering. There shall be designated by the Owner or
his representative, in conjunction with the technical representative
~~ of the Declarant, a specific single location within the dwelling unit
as the point of concentration for outputs from utility meter devices
serving the unit. The Owner shall have the responsibility to
- insure that wiring is extended from the location at which utility
meters are set to this designated location.
Section 9.07. Failure to Maintain Estate. If, at any time, an Owner of
y any Estate shall fail to control weeds, grass and/or other unsightly growth,
the Association shall have the authority and right to go onto said Estate for
the purpose of mowing and cleaning said Estate and shall have the authority
- and right to assess and collect from the Owner of said Estate the expenses of
mowing or cleaning said Estate on each respective occasion of such mowing or
cleaning. If, at any time, weeds or other unsightly growth on the Estate
- exceed six inches (6") in height (nine inches (9") with respect to an
undeveloped Tract), the Association shall have the right and authority to mow
and clean the Estate, 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 Estate 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 Estate at the time when
the Assessment occurred. Each and every Owner of any Estate, by the
acceptance of a deed or other conveyance of such Estate 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 and
any renewals or extensions thereof existing prior to the Assessment date.
- 36 - 99500-0151.3
Section 9.08. Additional Construction Standards for Certain Apartment
Complexes and Condominium Buildings. Notwithstanding anything to the
contrary contained in this Article IX the following restrictions and standards
shall apply to Apartment Complex and Condominium Building projects of a
density of not less than eighteen (18) units per acre as defined in the
applicable zoning ordinances of the City of Coppell, Texas:
(a) Minimum Landscaping. A minimum of thirty
percent (30 c) of each such project shall be landscaped open space.
Open space includes all portions of the Estate except areas covered
by buildings, parking areas, drives and other vehicle access
areas.
(b) Parking
(i) subject to the provisions of subsections
_ (ii) through (iv) immediately below, parking spaces
shall be provided in a manner which satisfies the
parking requirements of the City of Coppell, Texas,
which parking requirements (as affected by any
r variances thereto) are in effect at the time of
application for Architectural Review Committee approval
of plans and specifications;
(ii) all of the foregoing parking requirements
must be satisfied with off-street parking spaces;
(iii) no parking shall be allowed within front or
side yard set back lines unless approved by the
Architectural Review Committee;
(iv) each parking row shall be terminated by a
landscaped island on either side, each island with a
minimum of one (1) tree, except as otherwise approved
by the Architectural Review Committee.
_ (c) Roofs on Parking Structures. The form, pitch,
composition and design of all roofs and supporting structure on
covered parking structures shall be compatible with that of the
project to which such structures relate.
(d) Trash and Receptacles. Trash dumpsters shall be
located in areas which are not highly visible and screened on at
__ least three (3) sides by walls constructed of materials compatible
with the appurtenant residential structures.
(e) MacArthur Boulevard Setback. Any building or other
structure fronting on MacArthur Boulevard shall have a front
setback of at least thirty-five feet (35'). The area between such
front setback line and the MacArthur Boulevard right of way shall
be landscaped in accordance with the Design Guidelines.
- 37 - 99500-0151.3
- ARTICLE X
ARCHITECTURAL REVIEW COMMITTEE
Section 10.01. Architectural Review Committee. The Architectural
Review Committee, herein sometimes called the "Committee", shall be composed
_ of three (3) individuals designated, selected or appointed in accordance with
the procedure set forth below. The Committee shall function as the
representative of the Owners of the Estates 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.
All three (3) members of the Architectural Review Committee shall be
- appointed by Declarent until such time as all of the Property is owned by
Owners other than Declarant or any successor Declarant at which time all
three (3) members shall each be appointed by a majority in interest, but not
_ in numbers, of the then Owners of the Property. All members of the
Committee shall be appointed for one year terms and persons (or their heirs or
assigns) initially entitled to elect a member whose term has expired or
otherwise ended (by death, removal or resignation) shall be entitled to appoint
- a member to succeed the member whose term has expired or otherwise ended
(by death, removal or resignation) .
Each member of the Committee shall act reasonably and in good faith in
performing such member's duties and obligations under this Article X.
Section 10.02. Basis of Approval. No subdivision plat or map shall be
recorded against any portion of the Property and no building, structure,
road, alley, drive, utilities, parking structure, parking lot, fence, wall,
improvement, alterations to improvements or additions to improvements of any
- kind or nature shall be erected, placed or altered on any Estate or tract on
the Property until, as applicable, al{ subdivision plats, all plans and
specifications and a plot plan have been submitted to and approved in writing
by the Committee, or a majority of its members, as to:
(a) quality of workmanship and materials and proper facing
of main elevation with respect to nearby streets;
(b) conformity and harmony of the external design, color,
type and appearance of exterior surfaces and landscaping;
(c) location with respect to topography and finished grade
elevation and effect of location and use on neighboring Estates and
improvements situated thereon; drainage arrangements; and
(d) the other standards set forth within this Declaration
(and any amendments or supplements hereto) to accomplish the
- purposes and goals evidenced by this Declaration, including, but
not limited to, the purposes and goals of the Design Guidelines of
the Committee.
The Committee is authorized and empowered to consider and review any
and all aspects of construction, construction of other improvements and
- location, quality and quantity of landscaping on the Estates, which may, in the
- 38 - 99500-0151.3
- reasonable opinion of the Committee, adversely affect the living enjoyment of
one or more Estate Owners or the general value of the Property. 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 shall have the authority to make final decisions in
interpreting the general intent, effect and purpose of the restrictions and
- covenants described in Article IX hereof.
Any improvements constructed in accordance with plans and
- specifications approved by the Committee in accordance with its then applicable
standards and requirements shall not be required to be changed because such
standards are thereafter amended. The Committee shall review and act upon
submitted plans and specifications in accordance with the applicable time
periods specified in Sections 10.04 and 10.06.
Section 10.03. Definition of "improvement(s)". The term
"improvement(s)" shall mean and include all .buildings and roofed structures,
parking areas, fences, walls, poles, driveways, ponds, swimming pools, signs,
changes in any exterior color or shape, glazing or reglazing of exterior
windows with mirrored or reflective glass, streets, drainage facilities, utilities,
roads, alley paths, and any new construction or exterior improvement
significantly altering the appearance of any of the foregoing. It is also
includes public streets, utilities, garden shrubs, tree replacements and other
landscaping, and subdivision plats or maps to be recorded against the
Property or any portion thereof. The term includes both original
improvements and all later changes and improvements.
Section 10.04. Preliminary Plan Submissions. The Architectural Review
Committee is authorized and empowered to and shall consider, review and
- comment on proposed subdivision plats or maps, preliminary plans (for Estate,
utility, street, road and alleyway development as ~ well for construction of
residences, Apartment Complexes and Condominum Buildings) submitted in
_ duplicate on an informal basis to assist Owners, developers and prospective
purchasers of all or portions of the Property in complying with applicable
covenants and restrictions and to assist in the completion of feasibility studies
undertaken by such persons or entities. If the preliminary plats, plans and
- specifications are approved by the Committee, one .set thereof will be retained
by the Committee, and one complete set of plats or plans as applicable, will be
marked "Approved" and returned to the Estate Owner or his designated
- representative. If found not to be in compliance with the covenants,
conditions and restrictions contained in this Declaration, one set of such
preliminary plats, plans and specifications as applicable, shall be marked
_ "Disapproved", and returned accompanied by a reasonable statement of items
found not to comply with the covenants, conditions and restrictions contained
herein. The Committee's approval or disapproval, as required herein, shall be
in writing. If the Committee fails to approve or disapprove such plats or
- plans and specifications within sixty (60) days after the date of submission,
approval of the matters submitted shall be presumed. Comments on and
approvals of preliminary plats or plans and specifications as applicable, shall
be binding upon the Architectural Review Committee provided that conforming
final plans and specifications or plats, as applicable, are submitted within
ninety (90) days of such preliminary comments or approvals.
- 39 - 99500-0151.3
Section 10.05. Plan Submissions. Final plats and plans and specifi-
cations, as applicable, shall be submitted in triplicate to the Committee prior to
the construction of any improvements. S uch plats and plans and specifications,
as applicable, shall include, to the extent appli cable to the proposed
_
improvements as determined by the Architectural Review Committee, the
following:
- (a) A topographical plat showing contour grades [with one
foot (1') countour intervals, unless otherwise specified by the
Committee] and showing the location of all proposed improvements,
- structures, roads, alleyways, easements, utilities, patios,
driveways, parking areas and structures, fences and walls.
Existing and finished grades shall be shown at Property or Estate
_ corners, as applicable, and at corners of proposed improvements.
Property drainage provisions shall be included as well as cut and
fill details if any appreciable change in the Estate contour is
contemplated.
(b) Exterior elevations of all proposed buildings and
structures .
(c) A description of exterior materials, colors, textures
and shapes of all buildings and structures.
(d) A landscaping plan, including walkways, fences and
walls, elevation changes, watering systems, vegetation, ground
cover, street furniture and sculpture.
(e) Roads, alleyways, parking areas and driveway plans.
(f) Screening including size, location and method.
(g) Utility connections, including routing of electrical,
gas, water, sanitary sewer and telephone cables.
(h) Exterior illumination, if any, including location,
manufacturer's fixture number and support photometric test data.
(i) Any public street or utilities to be built with the
completed engineering design for said improvements.
(j) Foundation borings and design bearing the certificate
of a registered geotechnical engineer.
(k) Trash container storage locations and related
screening.
(I) Proposed use of parcel of land.
(m) Dimensional floor plan of all enclosed spaces including
one example of each residential unit type, each recreation or
service building, and any garages or parking facilities.
(n) Fire protection system.
- 40 - 99500-0151.3
- (o) Location and name of all proposed streets, alleys,
walkways and easements.
- (p) Structural design, bearing the certificate of a
registered structural engineer.
_ (q) Such other matters as may be required by the then
applicable zoning code of the City of Coppell, Texas, or such
other municipal or governmental authority having jurisdiction over
the Property.
(r) Signs, including size, shape, color, content, location,
materials and illumination.
(s) Any other data or information requested or deemed
reasonably necessary by the Architectural Review Committee.
The Committee may defer the date for submission of any of the matters
described in Section 10.05 (a)-(s), including specifically, landscaping plans
referenced at Section 10.05(d) by notice in writing to the person or entity
requesting such deferral of the submission date.
Section 10.06. Approval Procedure. The Committee is authorized to
request the submission of samples of proposed exterior construction materials
and colors. At such time as the plats or plans and specifications, as
applicable, are approved by the Committee, one set of plats or plans and
specifications, as applicable, will be retained by the Committee and one
complete set of plats or plans and specifications, as applicable, will be marked
"Approved" and returned to the Owner or his designated representative. If
found not to be in compliance with the covenants, conditions and restrictions
contained in this Declaration, one set of such plat or plans and specifications,
as applicable, shall be marked "Disapproved", accompanied by a reasonable
statement of items found not to comply with the covenants, conditions and
restrictions contained herein. The Committee's approval or disapproval, as
required herein, shall be in writing. If the Committee fails to approve or
disapprove such plat or plans and specifications, as applicable, within
sixty (60) days after the date of submission, approval of the matters submitted
shall be presumed. Any material modifications or changes to the approved plat
or plans and specifications, as applicable, must again be submitted to the
Committee for its inspection and approval. Material modifications or changes in
plats or plans and specifications, as applicable, must be approved or
disapproved in writing.
_ The Committee is authorized and empowered to consider and review any
and all aspects of construction, construction of other improvements and
location, quality and quantity of landscaping on the Estates, which may, in the
reasonable opinion of the Committee, adversely affect the living enjoyment of
one or more Estate Owners or the general value of the Property. 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.
- 41 - 99500-0151.3
- All improvements approved by the Commitee shall be diligently commenced
after obtaining all necessary governmental approvals therefor and thereafter
shall be pursued to completion.
Section 10.07. Design Guidelines. The Committee may, from time to
time, publish and promulgate Design Guidelines and such Design Guidelines
_ shall be explanatory and illustrative of the general intent of the development
of the Property and are intended as a guide to assist the Architectural Review
Committee in reviewing plats or plans and specifications. In any event, such
Design Guidelines shall not be binding upon the Committee and shall not
_ constitute, in every event, the basis for approval or disapproval of plats,
plans, specifications and other materials submitted to the Committee for
approval.
Section 10.08. Variances. Upon submission of a written request for
same, the Committee may, from time to time, in its sole discretion, permit
Owners to construct, erect, or install improvements which are in variance from
the covenants and restrictions contained herein or architectural standards
which are provided in this Declaration in Article IX or which may be
promulgated in the future. In any case, however, such variances shall be in
basic conformity with and shall blend effectively with the general architectural
style and design of the community. Written requests for variances shall be
deemed to be disapproved if the Committee has not expressly and in writing,
approved such request within thirty (30) days of the submission of such
request. No member of the Committee shall be liable to any Owner for any
claims, causes of action, or damages arising out of the grant of any variance
to an Owner. Each request for a variance submitted hereunder shall be
reviewed separately and apart from other such requests and the grant of a
variance to any Owner shall not constitute a waiver of the Committee's right to
strictly enforce the covenants, restrictions and architectural standards
provided hereunder, against any other Owner.
Section 10.09. Nonconforming and Unapproved Improvements. The
_ Committee 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) if such
improvements were commenced or constructed in violation of this Article IV.
_ I n addition, the Committee may, but has no obligation to do so, cause such
restoration, demolition and removal and recover the amount of the cost thereof
from the Owner of the Estate or portion of Property upon which such
- improvements were commenced or constructed.
Section 10.10. No Liability. Neither Declarant, the Committee, nor
_ employees, officers, directors and agents of any of them, shall be liable in
damages to anyone submitting plats or plans and specifications to any of them
for approval, or to any Owner of property affected by these restrictions by
reason of mistake in judgment, negligence, or nonfeasance arising out of or in
- connection with the approval or disapproval or failure to approve or
disapprove any such plans or specifications. Every person who submits plans
or specifications, and every Owner of any of said property agrees that he will
_ not bring any action or suit against Declarant, the Committee, or officers,
directors, employees and 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
- 42 - 99500-0151.3
- nonfeasance and hereby waives the provisions of any law which provides that a
general release does not extend to claims, demands and causes of action not
known at the time the release is given.
Section 10.11. Certificate of Compliance. Within five (5) business days
after an Owner's written request for same and upon substantial completion (as
- such term is defined by the American Institute of Architects) of improvements,
the plats or plans and specifications for which are subject to review by the
Committee, the Committee shall inspect such improvements and if the
improvements are constructed, erected, placed or altered in accordance with
- approved plats or plans and specifications the Committee shall issue a
certificate evidencing compliance with the provisions hereof. If the project
subject to review is a phased project, the Committee shall inspect each phase
- as phases are substantially completed (as such term is defined by the American
Institute of Architects) and if such phase, including, but not limited to,
parking facilities, landscaping and signage related to such phase, is found to
be in substantial conformity with previously approved plats or plans,
specifications and other submissions, a certificate evidencing such compliance
will be issued by the Committee.
Section 10.12. Notice of Noncompliance or Noncompletion.
Notwithstanding anything to the contrary contained herein, after the expiration
of two (2) years from the date of substantial completion of construction of any
improvement within the Property, said improvements shall, in favor of
purchasers and encumbrancers in good faith and for value, be deemed to be in
compliance with all provisions of Articles IX and X, unless actual notice of
such noncompliance and noncompletion, executed by the Committee or its
designated representatives, shall appear of record in the office of the County
Clerk of Dallas County, Texas or unless legal proceedings shall be instituted
to enforce compliance or completion. The term "substantial completion" shall be
defined in the manner adopted by the American Institute of Architects from
time to time.. Subsequent improvements, alterations or repairs to an Estate
shall not entitle the Committee to review for compliance any improvements
substantially completed more than two (2) years prior to such more recent
improvements, alterations or repairs which are subject to review.
_ Section 10.13. Appointment and Designation. The Committee may from
time to time, by the vote or written consent of a majority of its members,
delegate any of its rights or responsi bilities hereunder to one or more duly
licensed architects or other qualified persons or subcommittees w hich shall
_ have full authority to act on behalf of said Committee in all matters delegated.
Section 10.14. Review Fee and Address. Any plans and specifications
- shall be submitted in duplicate, in writing, for approval together with a
reasonable processing fee as set by the Committee. The review fee shall cover
only the cost of employing non-affiliated consultants to review plats or plans
and specifications as well as incidental expenses associated with the review
- process. The address of the Committee shall be the principal place of
business of the Declarant from time to time designated in writing to the
Owners. Such address shall be the place of the submittal of any plats or
- plans and specifications and the place where the current Design Guidelines and
rules and regulations, if any, of the Committee shall be kept.
- 43 - 99500-0151.3
- Section 10.15. Inspection. After telephonic notice to the Owner, any
member or agent of the Committee may from time to time at any reasonable
hour or hours enter and inspect any property subject to the jurisdiction of
_ said Committee to confirm improvement or maintenance in compliance with the
provisions hereof.
Section 10.16. Governmental Authorities. All Owners of any Estate or
_ portion of the Property and their successors and assigns by their acceptance
of their respective deeds, shall be bound by and subject to all applicable laws,
rules or regulations. No improvements or addition or change or alteration
- thereof shall be constructed, erected, placed, altered or maintained on any of
the Property, including the Common Area, which is in violation of any of the
laws or ordinances of the City of Coppell, Texas or any other applicable
governmental laws, rules or regulations. Notwithstanding anything to the
contrary herein contained, neither the Declarant, nor the Commttee and their
respective officers, directors, agents and employees shall have any obligation
to enforce or to report the violation of any such law, ordinance, rule or
regulation.
Section 10.17. No Liability for Design Defects. Plats or plans and
specifications are not approved for engineering or structural design or quality
of materials, and by approving such plans and specifications neither the
Committee, the members thereof, or the Declarant assumes liability or
_ responsibility therefor, nor for any defect in any structure or improvement
constructed from such plans and specifications.
ARTICLE XI
RIGHTS OF ELIGIBLE LENDERS AND
ELIGIBLE INSURERS OR GUARANTORS
Section 11.01. Notices to Eligible Lenders. All Eligible Lenders holding
first mortgages on an Estate, or portion thereof, shall be given notice of the
following events if they deliver to the Association a written request that they
receive such notices, together with a complete and accurate description of the
Estate securing their mortgage and an accurate address for such Eligible
- Lender:
(a) Any condemnation loss or any casualty loss which
- affects a material portion of the Property or any Estate on which
there is a first mortgage held, insured or guaranteed by such
Eligible Lender;
(b) Any delinquency in the payment of assessments or
charges owed and any other default in the performance of an
obligation set forth in this Declaration by an Owner of an Estate
- subject to a first mortgage held, insured or guaranteed by such
Eligible Lender, which remains uncured for a period of 60 days;
_ (c) Any lapse, cancellation or material modification of any
insurance policy or fidelity bond maintained by the Association;
- 44 - 99500-0151.3
(d) Any proposed action which would require the consent
of a specified percentage of Eligible Lenders; and
(e) Any proposal to make a change in this Declaration.
Section 11.02. Other Provisions for Eligible Lenders.
(a) Notwithstanding anything to the contrary contained
herein, the consent of the Members of the Association to which at
least sixty-seven percent (670) of the vote of each class of
~- Members in the Association are allocated and the approval of
Eligible Lenders holding mortgages on Estates subject to the
Declaration which have at least fifty-one percent (510) of the votes
- of such Estates subject to Eligible Lender mortgages shall be
required to do any of the following:
(i) establish self-management of the
Association when professional management had been
required previously by an Eligible Lender;
(ii) restore or repair (after a hazard damage
or partial condemnation) in a manner other than that
as specified in the Declaration; and
(iii) take any action to terminate the legal
status of the Association after a substantial destruction
or condemnation occurs.
(b) If substantial destruction or condemnation has not
occurred, the legal status of the Association shall not be
_ terminated unless Eligible Lenders holding mortgages on Estates
subject to the Declaration which have at least sixty-seven
percent (670) of the votes of such Estates subject to Eligible
- Lender mortgages consent.
Section 11.03. FHLMC Provision.
(a) Notwithstanding any other provision of this
Declaration, unless at least two-thirds of the Eligible Lenders
(based upon one vote for each mortgage held) and Owners (other
than the Declarant) of Estates subject to the Declaration have
given their prior written approval, the Association shall not be
entitled to (i) by act or omission seek to abandon, partition,
subdivide, encumber, self or transfer the Common Area (the
granting of easements for public utilities or for other public
purposes consistent with this Declaration and the intended use of
the .Common Area shall not be deemed a transfer within the
meaning of this clause); (ii) change the method of determining the
obligations, assessments, dues or other charges which may be
levied against an Owner of an Estate subject to the Declaration;
(iii) by act or omission, waive or abandon the scheme in the
Declaration pertaining to the architectural design or the exterior
appearance of Estates subject to the Declaration, the exterior
maintenance of such Estates or the maintenance of the Common
- 45 - 99500-0151.3
- Area; (iv) fait to maintain fire and extended coverage on insurable
improvements located on the Common Area on a current replacement
cost basis; (v) use hazard insurance proceeds for losses to the
Common Area for other than the repair; replacement or
reconstruction of such Common Area.
(b) The first mortgagees may, jointly or singly, pay taxes
`~ or other charges which are in default which may or have become a
charge against the Common Area and may pay overdue permiums on
hazard insurance coverage upon the lapse of a policy for the
- Common Area and first mortgagees making such payments shall be
owed immediate reimbursement for such payment from the
Association.
ARTICLE X11
EASEMENTS
Section 12.01. Easements. Easements, licenses, franchises or other
similar permits for installation, maintenance, repair and removal of utilities,
public rights-of-way, drainage facilities and floodway easements and video
services, cable television services, security services, communication services,
fire protection services and other similar services, over, under and across the
Property are reserved by Declarant for itself, its successors and assigns, as
specifically set forth on recorded plats of the Property, portions thereof or as
set forth in other documents of record in the Deed Records of Dallas County,
Texas. In addition, the Declarant hereby reserves to itself, its successors
and assigns, easements for installation, maintenance and repair and removal of
utilities and drainage facilities, security services, cable television and other
communication services and other similar services, such easements to be located
between the right-of-way lines of public or private rights-of-way within the
Property and building set back lines from such rights-of-way, such easements
in no event to exceed fifteen feet (15') in width as measured from such
right-of-way line. In any event such fifteen foot (15') easements shall be
contiguous to such rights-of-way. Full right of ingress and egress shall be
had by Declarant at all times over the Property to the extent reasonably
necessary for the installation, operation, maintenance, repair or removal of any
utility or drainage facility or other services as aforesaid, contained within any
of the aforesaid easements. Full right of ingress and egress shall also be had
by Declarant at all times over the Property as may be reasonably required to
.remove any obstruction that may be placed in such easements without the
approval of the Declarant or the owner of the relevant easement, where such
unauthorized obstruction would constitute interference with the use of such
easement or with the use, maintenance, operation or installation of such utility
or other services. In no event shall the foregoing prohibit paving, fencing,
walls or landscaping within such easements. Declarant shall have the right to
assign and convey, in whole or in part, the easements reserved by it
hereunder to one or more public utility companies, quasi-public service
companies or relevant governmental authorities. All utilities installed within
the aforesaid easements shall be installed underground. Full rights of ingress
and egress shall be had by Declarant and its successors and assigns at all
times over the Property for the installation, operation, maintenance, repair or
removal of any utility or service together with the right to remove any
- 46 - 99500-0151.3
_ obstruction that may be placed in the aforesaid easements that would constitute
interference with the use of the aforesaid easements, or with the use,
maintenance, operation or installation of such utility or service.
Section 12.02. Ingress and Egress by the Association. Full rights of
ingress and egress shall be had by the Association at all times over and upon
_ each Estate for the maintenance and repair of each Estate 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 Estate shall be made only after reasonable notice to
the relevant Estate Owner (except that no notice shall be required in the
event of an emergency) and any entry shall be made with as little
inconvenience to the Owner as practical, and any damage caused thereby shall
- be repaired by the Association at the expense of the Association.
Section 12.03. Easements for Encroachment. There shall be reciprocal
_ appurtenant easements for encroachment as between each Estate and such
portion or portions of the Common Area adjacent thereto or as between
adjacent Estates due to the unintentional placement or settling or shifting of
the improvements constructed, reconstructed, or altered thereon (in
accordance with the terms of this Declaration) to a distance of not more than
five (5) feet, as measured from any point on the common boundary between
each Estate and the adjacent portion of the Common Area or as between
- adjacent Estates, as the case may be, along a line perpendicular to such
boundary at such point; provided, however, in no event shall an easement for
encroachment exist if such encroachment occurred due to willful conduct on the
_ part of an Owner, tenant, or the Association.
Section 12.04 Estate Owners Easements. The rights and duties of the
Owners of Estates within the Property with respect to sanitary sewer, water,
- electricity, telephone and cable television lines and drainage facilities shall be
governed by the following:
_ (a) Wherever sanitary sewer and/or water service connec-
tions or electricity, or telephone and cable television lines or
drainage or security facilities are installed within the Property,
_ which connection lines or facilities or any portion thereof, lie in or
upon Estates owned by any party other than the Owner of an
Estate served by said connections, lines or facilities, such Owners
of Estates served shall have the right, and are hereby granted an
easement to the full extent necessary therefore, to enter upon the
Estates 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.
' (b) Wherever sanitary sewer and/or water service connec-
- tions or electricity, telephone or cable television lines or drainage
or security facilities are installed within the Property, which
connections serve more than one Estate, the Owner of each Estate
- served by said connections shall be entitled to the full use and
enjoyment of such portions of said connections which service such
Owner's Estate.
- 47 - 99500-0151.3
- Section 12.05. Public Easement. There is hereby reserved to
Declarant, its successors and assigns, an easement for public ingress and
egress over any public pedestrian pathways. This easement shall not imply
_ any right of public use of the Common Area or improvements thereon, owned
by the Association.
_ Section 12.06. Audio and Video. In the event that audio and video
communication services and utilities are made available to any of the Estates by
means of an underground coaxial cable system, the company furnishing such
services and facilities shall have a two foot (2') wide easement along and
- centered on the underground wire or cable when and as installed by said
company from the utility easement nearest to the point of connection on the
permanent improvement or structure, or to be constructed upon said Estate,
- and in a direct line from said nearest utility easement to said point of
connection .
_ Section 12.07 Easement for Construction, Maintenance and Repair of
Subdivision and Screening Walls. Declarant does hereby perpetually dedicate,
establish, create and set aside a non-exclusive ten (10) foot wide easement
over, across and upon the Property, such easement to be five (5) feet on
- either side of subdivision entrance and screening walls constructed by the
Declarant or developers which have purchased Estates from the Declarant.
Such easements are reserved for the exclusive benefit of Declarant and the
Association, their respective successors and assigns, for the construction,
maintenance and repair of subdivision entrance and screening walls. Estate
owners shall not alter, paint, attach fences to or otherwise use such walls
even though certain of such walls and/or the easement reserved herein may be
- located on such Owner's Estate. These walls and the easement reserved herein
shall constitute a portion of~ the Common Area and Common Facilities.
- Section 12.08 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 Property, such easement to extend ten (10) feet in width around the
entire length of the Lake System. Such easements are reserved for the
exclusive benefit of Declarant and the Association, their respective successors
and assigns, for the maintenance and preservation of the Lake System and for
the maintenance and repair of the concrete and ,wood walls and the stone
paving lining the banks of the lakes. Estate Owners shall not alter, paint or
otherwise use such walls and stone paving even though certain of such walls,
- stone paving and/or the easement reserved herein may be located on such
Owner's Estate. These walls, stone paving and the easement reserved herein
shall constitute a portion of the Common Area and Common Facilities.
Section 12.09 Lake System ~ Easement. No Member of the Association
shall restrict the use of the Lake System by any other Member, and each
Member is hereby granted an easement and right to reasonably use the entire
Lake System in common with each other Member, PROVIDED that such
reasonable use of the Lake System shall extend only to the water surface
thereof and such easement granted herein shall not extend to any land area
abutting the Lake System. The easement granted to the Members in this
Section 12.09 shall not be construed to prohibit the Owner of an Estate that
abuts the Lake System from using the banks and the land area abutting the
Lake System which is owned by such Estate Owner.
- 48 - 99500-0151.3
ARTICLE XIII
CONDEMNATION
In the event of
Area, the Association
- settlements with the
proceeds of settlement
benefit of the Owners.
a taking by eminent domain of any part
shall participate in the negotiations,
condemning authority or the court.
shall be payable to the Association f
ARTICLE XIV
GENERAL PROVISIONS
of the Common
agreements and
The award or
or the use and
Section 14.01. Duration. The Covenants, Conditions 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
representatives, heirs, successors and assigns, for a term of thirty-five (35)
years from the date that this Declaration is 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 (and subject to the provisions of the Deed Restrictions, as
hereinafter defined) an instrument is signed by the Members and Eligible
Lenders entitled to cast sixty-seven percent (670) 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 the same
Covenants, Conditions and Restrictions in whole or a substantial portion
thereof; provided, however, that no such agreements to abolish shall be
effective unless made and recorded one (1) year in advance of the effective
date of such abolishment.
- Section 14.02. Amendments. Notwithstanding Section 14.01 of this
Article and subject to the provisions of Section 3.07 hereof, where applicable,
these Covenants and Restrictions may be amended and/or changed in part with
_ the consent of at least fifty-one percent (51 a) of the outstanding votes of the
Members of each Class of Members of the Association; provided that the
Declarant may execute and record amendments to this Declaration without such
_ consent or approval if the amendment is for the purpose of correcting technical
errors or for clarification only. Any and all amendments, if any, shall be
recorded in the office of the County Clerk of Dallas County, Texas.
- Section 14.03. 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 failure by the Association
or the Declarant to enforce any covenant or restriction herein contained shall
in no event be deemed a waiver of the right to do so thereafter. The
Declarant, the Architectural Review Committee, an Owner or the Association
- shall have the right, but not the obligation, to enforce these covenants and
restrictions in accordance with the provisions set forth within this Declaration.
- 49 - 99500-0151.3
- Section 14.04. Limitation of Restrictions on Declarant. Declarant is
undertaking the work of developing land for residential purposes and
incidental improvements upon the Property. The completion of that work and
- the sale or other disposal of such developed land is essential to the
establishment and welfare of said Property as a residential community. In
order that said work may be completed and said Property be established as a
- fully occupied residential community as rapidly as possible, nothing in this
Declaration shall be understood or construed to:
(a) Prevent Declarant, its contractors, or subcontractors
from doing to the Property whatever is reasonably necessary or
advisable in connection with the completion of said work; or
- (b) Prevent Declarant or its representatives from erecting,
constructing and maintaining on any part or parts of the Property,
such structures as may be reasonable and necessary for the
_ conduct of its business of completing said work and establishing
said Property as a residential community and disposing of the same
in parcels by sale, lease, or otherwise; or
(c) Prevent Declarant from conducting on any part of the
Property such business or completing said work; or
(d) Prevent Declarant from maintaining such sign or signs
on any of the Property as may be necessary for the sale, lease or
disposition thereof, provided, however, that the maintenance of
any such sign shall not unreasonably interfere with the use by
any Owner of his Estate.
The foregoing limitations on the application of the restrictions to
Declarant shall terminate upon the sale of Declarant's entire interest in the
Property .
Any action taken by Declarant pursuant to any provision of this Section
will not unreasonably interfere with the Owner's rights and use of his Estate.
Section 14.05. Termination of and Responsibility of Declarant. If
- Declarant should convey all of its right, title and interest in and to the
Property 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.
Section 14.06. Owners' Compliance. Each Owner, tenant or occupant of
an Estate or unit in an Apartment Complex shall comply with the provisions of
this Declaration, and shall comply with the decisions and resolutions of the
Association or its duly authorized representative, and failure to comply with
any such provisions, decisions, or resolutions, shall be grounds for an action
to recover sums due, for damages and/or fines or for injunctive relief.
All agreements and determinations lawfully made by the Association in
accordance with the voting procedures established herein shall be deemed to be
binding on all Owners of Estates, their successors and assigns.
- 50 - 99500-0151.3
- Section 14.07. Severability. Invalidation of any one of these covenants
or restrictions by judgment or court order shall not affect any other provision
which shall remain in full force and effect.
Section 14.08. Headings. The headings contained in this Declaration
are for reference purposes only and shall not in any way affect the meaning or
interpretation of this Declaration.
Section 14.09. Notices to Member or Eligible Lender. Except as
hereafter set forth any notice required to be given to any Member or Eligible
_ Lender 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 the person who appears as Member or
- Eligible Lender on the records of the Association at the time of such mailing.
In the event that there are multiple Members or multiple Eligible Lenders with
respect to a single Estate the Association shall be obligated to send notice to
_ only one (1) of the multiple Members and one (1) of the multiple Eligible
Lenders. Notice to one shall be deemed to be notice to all. Multiple Members
or Eligible Lenders may designate one (1) of their group as the person entitled
to notice by so notifying the Association in writing of such person and the
_ address thereof, but if no such person is designated the Association may
notify any one (1) of such multiple Members and multiple Eligible Lenders.
Notices of past due assessments, of the intention to institute any punitive
- provisions hereof, of any sanctions to be imposed hereunder or of any
violations of this Declaration shall be sent to the affected person or entity by
certified mail, return receipt requested and addressed as aforesaid.
Section 14.10. Disputes. Matters of dispute or disagreement between
Owners with respect to interpretation or application of the provisions of this
Declaration or the Association Bylaws, shall be determined by the Board of
Directors, whose reasonable determination shall be final and binding upon all
Owners .
Section 14.11. Compliance with FHLMC, FNMA, VA and FHA
Regulations. The Declarant intends that the documents creating and governing
the Association and/or this Declaration may be amended to comply (if not in
compliance) with all requirements of the Federal Home Loan Mortgage
Corporation ("FHLMC"), Federal National Mortgage Association ("FNMA"),
Federal Housing Administration ("FHA") and Veterans Administration ("VA")
pertaining to the purchase or guaranty by FHLMC, FNMA VA or FHA of
conventional home loans. Declarant and all Owners therefore agree that,
notwithstanding anything to the contrary contained herein, in the event this
Declaration, any of the Bylaws and Articles of Incorporation of the Association
and any other documents or instruments governing or creating same do not
comply with the FHLMC, FNMA, VA or FHA requirements, the Declarant or the
Board, shall have the power, in its discretion (on behalf of the Association
and each a.nd every Owner) to amend the terms of this Declaration, the Bylaws
and Articles of Incorporation of the Association and any other documents or
instruments governing or creating same and/or to enter into any agreement
with FHLMC (or its designee), FNMA (or its designee) VA (or its designee),
or FHA (or its designee) reasonably required by FNMA or FHLMC, VA or
FHA, to allow the Property, the Association, the Declaration and/or any other
related documents to comply with such requirements.
- 51 - 99500-0151.3
r
IN WITNESS WHEREOF, Triland Investment Group, a Texas general
partnership venture, being the Declarant herein, has caused this instrument to
be executed this day of 1984.
TRILAND INVESTMENT GROUP,
a Texas general partnership,
By: STYLUS HOLDINGS, INC. ,
a Texas corporation and one of
three general partners
By:
Nicholas R. DiGiusep.pe,
President
By: REALTRON HOLDINGS, INC.,
a Texas corporation and one of
three general partners
By:
Edward P. Rea,
President
By: JENNCORP INTERNATIONAL,
INC., a Texas corporation
and one of three general
partners
sy:
John C. Zouzelka,
President
- 52 - 99500-0151.3
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of
1984 by NIC HOLAS R. DiGIUSEPPE, Pre sident of STYLUS
_ HOLDINGS, INC., a Texas corporation, on behalf of said corporation, acting
as a gene ral partner of Triland Investment Group, a Texas general
partnership.
- GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
1984.
My Commission Expires:
Notary Public, State of Texas
(Printed or Typed Name of Notary)
THE STATE OF TEXAS §
- COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of
_ 1984 by EDWARD P. REA, President of REALTRON HOLDINGS,
INC., a Texas corporation, on behalf of said corporation, acting as a general
partner of Triland Investment Group, a Texas general partnership.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
1984.
Notary Public, State of Texas
My Commission Expires:
(Printed or Typed Name of Notary)
- 53 - 99500-0151.3
f
- THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument w as acknowledged before me on the day of
1984 by JOHN C. ZOUZELKA, President of JENNCORP
INTERNATIONAL, INC., a Texas corporation, on behalf of said corporation,
- acting as a general part ner of Triland Investment Group, a Texas genera{
partnership.
r
- GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
1984.
Notary Public, State of Texas
My Commission Expires:
(Printed or Typed Name of Notary)
- - 54 - 99500-0151.3