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Castlebury Ct/FP-CS 990601 PLANNING DEPARTMRNT 255 Parkway Boulevard P.O. Box 478 Coppell, TX 75019 COPP~LL, TEXAS 75019 (972) 304-3678 FAX: (972) 304-3570 COVF R ,qHF ET PLEASE DELIVER THE FOLLOWING PAGES TO: IF YOU I~ NOT RRC. RIVg. Al.l. OF ~ PAC',F-~ PI.RARR CAI.I. RACK ~N AR ~q~l.R_ PI.RA~ DIAl. D~R~ TO ~ P~N ~~ ~S FAX. ~i~ YOU. SUBDIVISION REGULATIONS - CITY OF COPPELL, TEXAS APPEN-DIX D - STREETSCAPE PLAN EXHIBIT A - SAMPLE HOMEOWN'ERS ASSOCIATION AGREEMENT ARTICLE IV ASSOCIATION ORGANIZATION AND MANAGEMENT Section 4.01 The Board of Directors of the Association shall consist of not less than three (3) no more than six (6) members, the exact number to be fixed in accordance with the provisions of the Bylaws. The initial Board of Directors shall consist of , and Section 4.02 The Association shall have two classes of voting membership: (a) Class A: Class A members shall be all Owners with the exception of the Developer. Class A members shall be entitled to one (1) vote for each Lot which they own. When more than one person holds record title to a Lot, all such persons shall be members of the Association; however, the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any such Lot. (b) Class B: The Class B member shall be the Developer. The Class B member shall have a total number of votes equal to votes per lot which he owns. However, on the later of (a) December 31, 19 , or when the Class B member only retains title to one remaining Lot, the Class B member shall at all times thereafter be entitled to only one (1) vote for every Lot owned by it. Notwithstanding anything to the contrary contained herein, the Class B member shall be entitled to only one (1) vote for each Lot which it then or thereafter owns. Section 4.03 Each Owner of a Lot shall be a member of the Association, and such membership shall continue so long as such person or entity continues to be an Owner. The membership of any Owner in the Association shall be appurtenant to and may not be separated from record ownership of any Lot, and the transfer of any membership in the Association which is not made as a part of the transfer of a lot shall be null and void. Ownership of a Lot shall be the sole qualification of being a member of the Association. Each Owner shall comply with all rules and regulations as established by the Association from time to time. Land within the street right-of-way of the (Subdivision Name) street system that is designated as Common Area of the Association on the recorded plat of the subdivision, while not a true voting "Lot", shall be considered land within the Association and a part of the maintenance common area. ~-i. Consisten[~thi..:or i~eqUired'-by '~e: iSi. Ovi~ions: .of~.i~-.:Co~fi~.:. o/.:'.~::: ~!~i~ ::: ~i~ :::~ 'tie '~~: 'ot"imPlied,- including but :~Ot::'il~ited' ~':~::'fOii~it~!i:" ': ................... ' ........................ :' Page 134 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENrDIX D - STREETSCAPE PLAN EXHIBIT A- SAMPLE HOMEOWNERS ASSOCIATION AGREEMENT (a) !.i:i:~:~eri t0 i~:~d:'colle~t':~~ents. (of Whateget natu?e): fo~ the m~~~ ..... ~!!::i:~;ii~~¢i~ ~f ~;.~0~:.~'~:~g ~0l~ purposes as are herein provided for; (b) The power to keep accounting records with respect to all activities and operation of the Association, and hire management or legal services to provide for administration of the Association; (c) The power to contract with and employ others for maintenance and repair; and (d) The power to adopt rules and regulations concerning the operation of the Association. If the Board of Directors shall fail or refuse to enforce the Covenants or fail to maintain the common areas for an unreasonable period of time, after written request to do so, then any aggrieved Owner may enforce these Covenants on his own behalf by appropriate action, whether in law or in equity °['~:Ci!~Y ~f C6~ll;"th~fi~-~:'i/S'Cii~':-E6~it:;~. ~i '~a~i~:. ~'::.~! !ns~a~i~:'::'~!u4ei ::i t~-~::-~n~ i:~ .......................................................... ~a3"':"::'~ !. ~~'::'~i:-'i :.~i i fo~i6:a:!'m/ig"i' rst(~i:.i.iv~!;i (d)(:.:~lhat '~on :of ~:: ~lt~&t right--off. It;: ~:omra6n Area~"oii:.the-~eeordea H~('.~f'th6-: (e) "The r%i~ttion' bui!ding located °nL°t"5 (0: :':The'groUndS :. maintenance building': i~ated' ~.':.~'~.'~:':.6f ~io/i ~'~:06' of" the' o/n~non areas, ust~ :'~ve;' (a)~..:.:me"m~nry ~ .aria-: foundatioil along ~):.. The landscaping and irrigation between (stre~i~ Page 135 SUBDIVISION REGULATIONS - CITY OF COPPELL, TEXAS APPENDIX D - STREETSCAPE PLAN EXHIBIT A - SAMPLE HO.MEOVv.'NERS ASSOCIATION AGREEMENT (¢). '.The.enn-Y area IandsCaping,..irrigation, walls, signage, and security building~ and (d)--. :Tha~-::porti6n: of any Street' right-0f~way'including paveraenhl :subgrade and' Curbs:to ~.i~i ~ .a~eys iqr ~.Si~!ew~ ;.of the'(Subdi~sion Nante) that a~e ! desi~ C0n~raOn: Areas On 'the' ~rded plat: of the :SUbdix4siOn 'even' 'though dediCaied' 'tO:the pUb!!¢i'i seeq6n 4~07 ~ Sh6Uld'i~ asSoeia~iO~'6ii:.!ts:.B0ard flail or refuse' to maintain:sucl~ commori A?aS. b,f..-::~y', il!~tay :m CitY"~ifica~sl ,f0~!~' Unrea~onab!e :time;' not' to ~ceed-: ~e~ ~ ay~ alter.~rmen ~'to. ~!o.~i :~.£ltyi~..Copt~,.by and through a majority:°f its CitY: C0~c'it tnember~4..~ shall:-lave: the ~ yiglit~ :~er'~.'~i aUmori herein-given- to:: iiie: and its ~cl' of'Dir~tors: io enfo?ce tl~es~:-'~:/s and'leW: assesiment~: n~~ of'elty. !nteresi'listext in s~fion :4.061-' it~ ii' :unaerstO° 'that: in.:sU~h · e city °f'Coin~qi'i TexaS:,' though its'citY' COUndt,.ma3:'~iect to:e3~ei:ci~e:the riklis' and ~f' the"^~iation ~or its Board of Dieectors~' :to the .extent'necessary to take any actiofi:'r~ii~fed arid levY' any assesgment that'the A~S0ciatiOn: might havei'eith~r'in the' name of the Ag~iati°n'~ or otherwise;' to ~°Ver the cost of maintenance of said COmmon 'Areas of City Interest.':.: ARTICLE ¥ ASSESSMENTS MAINTENANCE FLq~q) AND ASSESSMENT LIENS Section 5.01 The Association shall possess the right, power, authority, and obligation to establish an annual assessment sufficient in the judgment of the Board of Directors to pay when due all charges and expenses related to the operation of the Association. Such annual assessments so established shall be payable by the Owners on the first day of each calendar year. They shall be applied to the payment of charges for which the Association is responsible, including, without limitation, charges relating to maintenance and repair, public liability and other insurance coverage which is required or permitted to be maintained by the Association, taxes, assessments, and other governmental impositions not separately levied and assessed, utilities not separately assessed, professional services (such as accounting and legal), and such other costs and expenses as may reasonably relate to the proper operation, management, and administration of the Association. No consent or approval of the Owners shall be required for the establishment of the annual assessments contemplated by this section. During initial sales and construction phases, Owners other than the original developer shall pay a pro rata assessment based upon the balance of the remaining calendar year, to be calculated starting the month following the date of purchase, with one twelfth (1/12) of the annual assessment calculated for each remaining month of the calendar year. This pro rata assessment is due and payable within 30 days from the date of purchase. Thereafter, the assessments are annual as per this section. Page 136