Copperstone/FP-CS 940224 Coppell, Texas 75019
The City With A Beautiful Future 214-462-0022
FAX 214- 393-0948
February 24, 1994
Mr. Pete Smith
City Attorney
1800 Lincoln Plaza
500 North Ackard
Dallas, Texas 75201
SUBJECT: COPPERSTONE ADDITION - HOMEOWNER ASSOCIATION AGREEMENT
Dear Pete,
Please find attached, a draft copy of the homeowner's maintenance agreement for the
Copperstone Addition. The final plat for this subdivision was recommended for approval by the
Planning and Zoning Commission, with a condition that the Homeowner Association be in place
prior to going to City Council. The final plat is scheduled for the March 8, City Council
meeting, and I am not sure if you will be able to review it prior to the aforementioned date.
Once you have completed the review of the Home Owners Maintenance agreement, please return
it to my attention.
If you have any questions, please give me a call at 462-0639.
Sincerely,
Tary%2r Bowman
Planning & Zoning Coordinator
TPB/
ATTACHMENT
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR COPPERSTONE
THIS DECLARATION is made on the date hereinafter set forth by Centex Real Estate
Corporation, a Nevada corporation qualified to do business in Texas, hereinafter referred to as
the "Declarant".
WITNESSETH
WHEREAS, the Declarant is the owner of certain real property in the City of Coppell,
Dallas County, Texas, which is described in Exhibit "A" attached hereto and made a part hereof
(the "Property").
WHEREAS, Declarant desires to create an exclusive planned community known as
Copperstone on the Property and such other land as may be added thereto pursuant to the terms
and provisions of this Declaration;
NOW THEREFORE, the Declarant declares that the Property shall be held, sold and
conveyed subject to the restrictions, covenants and conditions declared below, which shall be
deemed to be covenants running with the land and imposed on and intended to benefit and
burden each Lot and other portions of the Property in order to maintain within the Property a
planned community of high standards. Such covenants shall be binding on all parties having any
right, title or interest therein or any part thereof, their respective heirs, personal representatives,
successors and assigns, and shall inure to the benefit of each Owner thereof.
ARTICLE I
DEFINITIONS
Section 1. "Property" shall mean and refer to the real property described in Exhibit "A",
and such additions thereto as may be brought within the jurisdiction of the Association and be
made subject to this Declaration.
Section 2. "Association" shall mean and refer to the Copperstone Homeowners
Association, Inc., a Texas not-for-profit corporation established for the purpose set forth herein.
Section 3. "Lot" shall mean and refer to any plot of land indicated upon any recorded
subdivision map of Property or any part thereof creating single-family homesites, with the
exception of the Common Area and areas deeded to a governmental authority or utility, together
with all improvements thereon.
Section 4. "Unit" shall mean and refer to any residential dwelling situated upon any Lot.
Section 5. "Owner" shall mean and refer to the record owner, whether one of more
persons or entities, of a fee simple title to nay Lot, including contract sellers, but excluding those
having an interest merely as security for the performance of an obligation.
Section 6. "Declarant" shall mean and refer to Centex Real Estate Corporation, its
successors and assigns who are designated as such in writing by the Declarant, and who consent
in writing to assume the duties and obligations of the Declarant with respect to the Lots acquired
by such successor or assign.
Section 7. "Common Areas" shall mean and refer to that portion of the Property, if any,
conveyed to the Association for the use and benefit of the Owners.
Section 8. "Common Maintenance Areas" shall mean and refer to the Common Areas,
if any, and the entrance monuments, drainage facilities, detention ponds, right-of-way
landscaping, and such other areas lying within dedicated public easements or right-of-way as
deemed appropriate by the Board of Directors of the Association for the preservation, protection
and enhancement of the property values and the general health, safety or welfare of the Owners.
Section 9. "Declaration" shall mean and refer to this Declaration of Covenants,
Conditions and Restrictions for Copperstone, and any amendments, annexations and supplements
thereto made in accordance with its terms.
ARTICLE II
COPPERSTONE HOMEOWNERS ASSOCIATION, INC.
Section 1. Membership. The Declarant and every other Owner of a Lot shall be a
member of the Association. Membership shall be appurtenant to and shall not be separated from
ownership of any Lot. Every member shall have the right at all reasonable times during business
hours to inspect the books of the Association.
Section 2. Funding. Subject to the terms of this Article, Declarant, for each Lot owned
by Declarant, hereby covenants to pay, and each Owner of any Lot by acceptance of a deed
therefor, whether of not it shall be so expressed in such deed, covenants and agrees to pay to the
Association: (1) annual assessment or charges, and (2) special assessments for capital
improvements, such assessments to be established and collected as hereinafter provided. Such
assessments will remain effective for the full term (and extended term, if- applicable) of this
Declaration. The annual and special assessments, together with interest, costs, and reasonable
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attomey's fees, shall be a charge on the land and shall be a continuing lien upon the Lot against
which each such assessment is made. Each such assessment, together with interest, costs and
reasonable attorney's fees shall also be the personal obligation of the person who was the Owner
of such Lot at the time when the assessment fell due. The personal obligation for delinquent
assessments shall not pass to the successors in title of such Owner unless expressly assumed by
them.
Section 3. Assessments.
(a) Units Owned by Class A Members. Subject to the terms of this Article, each
Lot is hereby subject to an initial maximum maintenance charge of $__ per month or
$__ per annum (until such maintenance charge shall be increased in the By-Laws of the
Association), for the purpose of creating a fund to be designated and known as the "maintenance
fund", which maintenance charge and assessment will be paid by the Owner or Owners of each
Lot in advance in monthly, quarterly or annual installments, commencing as to all Lots on which
a completed Unit is then located on the conveyance of the first Lot to a Class A Member and
as to all other Lots as of the completion of the Unit thereon. The rate at which each Lot will
assessed, and whether such assessment shall be payable monthly, quarterly or annually, will be
determined by the Board of Directors of the Association at least thirty (30) days in advance of
each affected assessment period. Said rate may be adjusted from time to time by the Board of
Directors as the needs of the Association may, in the judgment of the Directors, require. The
assessment for each Lot shall be uniform except as provided in Subsection b of this Section 3.
The Association shall, upon written demand and for a reasonable charge, furnish a certificate
signed by an officer of the Association setting forth whether or not the assessment has been paid
for the assessment period.
(b) Units or Lots by Declarant. Notwithstanding the foregoing, the Declarant shall be
exempt from the annual maintenance assessment charged to Owners so long as there is a Class
B membership as set forth in Section 6. Declarant hereby agrees that for such period of time as
there is a Class B membership in effect and Declarant's Lots are exempt from assessment as
provided above, that in the event that the annual maintenance fund revenues are insufficient to
pay the operating expenses of the Association, Declarant shall provide the funds necessary to
make up the deficit, within thirty (30) days of receipt of request for payment thereof from the
Association, provided that if deficit is the result of the failure of refusal of an Owner or Owners
to pay their annual maintenance assessments, the Association shall diligently pursue all available
remedies against such defaulting Owners, including the immediate institution of litigation to
recover the unpaid assessments, and shall reimburse the Declarant the amounts, if any, so
collected.
(c) Purpose of Maintenance Fund. The Association shall establish a maintenance
fund composed of Owners' annual maintenance assessments and shall use the proceeds of such
fund in providing for normal, recurring maintenance charges for the Common Maintenance Areas
for the use and benefit of all members of the Association. Such uses and benefits to be provided
by the Association may include, by way of clarification and not limitation, any and all of the
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following: normal, recurring maintenance of the Common Maintenance Areas (including, but not
limited to, mowing, edging, watering, clipping, sweeping, pruning, raking,and otherwise caring
for existing landscaping) and the improvements to such Common Maintenance Areas, such as
Sprinkler systems, and private streets, if any, provided the Association shall have no obligation
(except as expressly provided hereinafter) to make capital improvements to the Common
Maintenance Areas; payment of all legal and other expenses incurred in connection with the
enforcement of all recorded covenants, restrictions and conditions affecting the property to which
the maintenance fund applies; payment of all reasonable and necessary expenses in connection
with the collection and administration of the maintenance charge and assessment; employment
of policemen and watchmen, if any,caring for vacant lots; and doing any other thing or things
necessary or desirable in the opinion of the Board of Directors of the Association to keep the
Property neat and in good order, or which is considered of general benefit to the Owners or
occupants of the Property, it being understood that the judgment of the Board of Directors in the
expenditure of said funds and the determination of what constitutes normal, recurring
maintenance shall be final and conclusive so long as such judgment is exercised in good faith.
The Association shall, in addition, establish and maintain an adequate reserve fund for the
periodic maintenance, repair and replacement of improvements of the Common Maintenance
Area. The fund shall be established and maintained out of regular annual assessments.
(d) Special Assessment for Working Capital Fund, Nonrecurring Maintenance and
Capital Improvements. In addition to the annual assessments authorized above, the Association
may levy special assessments as follows:
(i) Upon sale of the first Lot by Declarant to a
Class A Member, a special assessment
equal to (__) months'
estimated regular assessment may be
assessed which shall be due and
payable upon conveyance of the Lot to a
Class A Member. Such special assessment
shall be available for all necessary expenditures
of the Association.
(ii) In any assessment year, a special assessment
applicable to that year only for the purpose of
defraying, in whole or in part, the cost of any
nonrecurring maintenance, or the acquisition,
construction, reconstruction, repair or replacement of
a capital improvement upon any Common Maintenance
Area, including fixtures and personal property
related thereto may be assessed. The Association
shall not commingle the proceeds of such special
assessment with the maintenance fund. Such proceeds
shall be used solely and exclusively to fund the
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nonrecurring maintenance or improvements in
question.
Section 4. Non-payment of Assessments: Remedies of the Association. Any assessment
not paid within ten (10) days after the due date shall bear interest from the due date at the
highest non-usurious rate of interest allowed by Texas law or 18% per annum, whichever is less.
The association shall have the authority to impose late charges to compensate for the
administrative and processing costs of late payments on such terms as it may establish by duly
adopted resolutions and the Association may bring an action at law against the Owner personally
obligated to pay the same, of foreclose the lien retained herein against the property. No Owner
may waive or otherwise escape liability for the assessments provided for herein by non-use of
the Common Maintenance Area or abandonment of his property.
Section 5. Subordinated Lien to Secure Payment. To secure the payment of the
maintenance charge and assessment established hereby and to be levied on individual Lots as
above provided, there is hereby reserved a lien for the benefit of the Association, said lien to be
enforceable through appropriate proceedings at law or in equity by such beneficiary; provided,
however, that each such lien shall be specifically made secondary, subordinate and inferior to all
liens, present and future, given, granted, and created by or at the insistance and request of the
Owner of any such Lot to secure the payment of monies advanced or to be advanced on account
of the purchase price and/or the improvement of any such Lot; and further provided that as a
condition precedent to any proceeding to enforce such lien upon any Lot upon which there is an
outstanding valid and subsisting first mortgage lien, said beneficiary shall give the holder of such
first mortgage sixty (60) days written notice of such proposed action, such notice, which shall
be sent to the nearest office of the lienholder by prepaid U.S. registered mail, to contain the
statement of the delinquent maintenance charges upon which the proposed action is based. Upon
the request of any such first mortgage lienholder, and beneficiary shall acknowledge in writing
its obligation to give the foregoing notice with respect to the particular property covered by such
first mortgage lien to holder thereof. Sale or transfer of a Lot shall not affect the assessment
lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure shall extinguish
the lien of such assessment as to payments which became due prior to such sale or transfer. No
sale, foreclosure or transfer shall relieve such Lot from liability for any assessments thereafter
becoming due or from the lien thereof. The Association shall have the right to file notices of
liens in favor of such Association in the Official Records of Denton County, Texas.
Section 6. Voting Rights. The Association shall have two classes of voting membership:
(a) Class A. Class A members shall be all Owners with the exception of
Declarant and shall be entitled to one (1) vote for each Lot owned. When more than one person
holds an interest in any Lot, all such persons shall be members, but the vote for such Lot shall
be exercised as they among themselves determine, and in no event shall more than one (1) vote
be cast with respect to any Lot.
(b) Class B. The Class B member shall be the Declarant who shall be entitled
to three (3) votes for each unoccupied Lot owned by it. The Class B membership shall cease and
be converted to Class A membership one hundred twenty (120) days after the conveyance of the
Lot which causes the total votes outstanding in the Class A membership to equal the total votes
outstanding in the Class B membership, or ten (10) years after conveyance of the first Lot by
Declarant, whichever occurs earlier. Class B membership shall be reinstated at any time before
the expiration of twenty (20) years from the date of conveyance of the first Lot if additional Lots
owned by a Class B member are annexed to this Declaration in sufficient numbers to restore a
ratio of at least one Class B Lot for each three Class A Lots in Property.
(c) Suspension. All voting rights of an Owner shall be suspended during any
period in which such Owner is delinquent in the payment of any assessment duly established
pursuant to this Article or is otherwise in default hereunder of under the By-Laws or Rules and
Regulations of the Association and such suspension shall apply to the proxy authority of the
Voting Representative, if any.
Section 7. Notice and Quorum. Written notice of any meeting called for the purpose of
taking any action authorized herein shall be sent to all members, or delivered to their residences,
not less than thirty (30) days nor more than sixty (60) days in advance or the meeting. At any
such meeting called, the presence of members or of proxies or Voting Representatives entitled
to cast two-thirds (%) of all the votes of each class of membership shall constitute a quorum.
If the required quorum is not present, another meeting may be called subject to the same r/otice
requirement, and the required quorum at such subsequent meeting shall be two-thirds (%) of the
quorum requirement for such prior meeting. The Association may call as many subsequent
meetings as may be required to achieve a quorum (the quorum requirement being reduced for
each such meeting). No such subsequent meeting shall be held more than sixty (60) days
following the preceding meeting.
ARTICLE III
GENERAL POWERS AND DUTIES OF
BOARD OF DIRECTORS OF THE ASSOCIATION
Section 1. Purpose of Maintenance Fund. The Board, for the benefit of the owners, shall
provide and shall pay out of the maintenance fund provided for in Article II above the following:
(a) Taxes and assessments and other liens and encumbrances which shall properly
be assessed or charged against the Common Areas rather than against the individual Owners, if
any.
(b) Care and preservation of the Common Maintenance Area.
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(c) The services of a professional person or management firm to manage the
Association or any separate portion thereof to the extent deemed advisable by the Board,
(provided that any contract for management of the Association shall be terminable by the
Association, with no penalty upon ninety (90) days prior written notice to the managing party)
and the services of such other personnel as the Board shall determine to be necessary or proper
for the operation of the Association, whether such personnel are employed directly by the Board
or by the manager.
(d) Legal and accounting services.
(e) A policy or policies of insurance insuring the Association against any liability
to the public or to the Owners (and/or invitees or tenants) incident to the operation of the
Association in any amount or amounts as determined by the Board of Directors, including a
policy or policies of insurance as provided herein in Article IV.
(f) Workers compensation insurance to the extent necessary to comply with any
applicable laws.
(g) Such fidelity bonds as may be required by the By-Laws or as the Board may
determine to be advisable.
(h) Any other materials, supplies, insurance, furniture, labor, services,
maintenance, repairs, structural alterations, taxes or assessments (including taxes or assessments
assessed against an individual Owner) which the Board is required to obtain or pay for pursuant
to the terms of this Declaration or by law or which in its opinion shall be necessary or proper
for the enforcement of this Declaration.
Section 2. Powers and Duties of Board. The Board, for the benefit of the Owners, shall
have the following general powers and duties, in addition to the specific powers and duties
provided for herein and in the By-Laws of the Association:
(a) To execute all declarations of ownership for tax assessment purposes with
regard to the Common Areas, if any, on behalf of all Owners.
(b) To borrow funds to pay costs of operation secured by assignment or pledge
of rights against delinquent Owners if the Board sees fit.
(c) To enter into contracts, maintain one or more bank accounts, and generally
to have all the power necessary or incidental to the operation and management of the Association.
(d) To protect or defend the Common Areas from loss or- damage by suit or
otherwise and to provide adequate reserves for replacements.
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(e) To make reasonable rules and regulations for the operation of the Common
Maintenance Areas and to amend them from time to time; provided that, any rule or regulation
may be amended or repealed be an instrument in writing signed by Owners constituting a
majority of the votes of the Association, or with respect to a rule applicable to less than all of
the Common Areas, by a majority of the votes of the Owners in the portions affected.
(f) To make available for inspection by Owners within sixty (60) days after the
end of each year an annual report and to make all books and records of the Association available
for inspection by Owners at reasonable times and intervals.
(g) To adjust the amount, collect and use any insurance proceeds to repair damage
or replace lost property, and if proceeds are insufficient to repair damage or replace lost property,
to assess the Owners in proportionate amounts to cover the deficiency.
(h) To enforce the provisions of any rules made hereunder and to enjoin and seek
damages from any Owner for violation of such provisions or rules.
(i) to collect all assessments and enforce all penalties for non-payment including
the filing of liens and institution of legal proceedings.
Section 3. Board Powers Exclusive. The Board shall have the exclusive right to contract
for all goods, services and insurance, payment of which is to be made from the maintenance fund
and the exclusive right and obligation to perform the functions of the Board except as otherwise
provided herein.
Section 4. Maintenance Contracts. The Board, on behalf of the Association, shall have
full power and authority to contract with any Owner of other person or entity for the performance
by the Association of services which the Board is not otherwise required to perform pursuant to
the terms hereof, such contracts to be upon such terms and conditions and for such consideration
as the Board may deem proper, advisable and in the best interest of the Association.
ARTICLE IV
TITLE TO COMMON AREAS
Section 1.. Association to Hold. The Association shall assume all maintenance
obligations with respect to any Common Areas which may be hereafter established. Nothing
contained herein shall create an obligation on the part of Declarant to establish any Common
Area.
Section 2. Liability Insurance. From and after the date on which title to any Common
Area vests in the Association, the Association shall purchase and carry a general comprehensive
public liability insurance policy for the benefit of the Association and its members, covering
occurrences on the Common Areas. The policy limits shall be as determined by the Board of
Directors of the Association. The Association shall use its best efforts to see that such policy
shall contain, if available, cross-liability endorsements or other appropriate provisions for the
benefit of the members, Directors,and the management company and other insureds, as their
interests may be determined.
Section 3. Condemnation. In the event of condemnation or a sale in lieu thereof of all
or any portion of the Common Areas, the funds payable with respect thereto shall be payable to
the Association and shall be used by the Association to purchase additional Common Areas to
replace that which has been condemned or to take whatever steps it deems reasonably necessary
to repair of correct any damage suffered as a result of the condemnation. In the event that the
Board of Directors of the Association determines that the funds cannot be used in such a manner
due to lack of available land for additional Common Areas or for whatever reason, any remaining
funds may be utilized by the Association for the general maintenance fund.
ARTICLE V
EASEMENTS
Section 1. Utility Easements. As long as Class B membership shall be in effect, the
Declarant hereby reserves the right to grant perpetual, nonexclusive easements for the benefit of
the Declarant or its designees, upon, across, over, through and under any portion of the Common
Area or any portion of any Lot outside of the permitted building area of such Lot, for ingress,
egress,installation, replacement, repair, maintenance, use and operation of all utility and service
lines and service systems, public and private, including, without limitation, cable television.
Declarant, for itself and its designees, reserves the right to retain title to any such easements.
Upon cessation of Class B membership, the Association shall have the right to grant the
easements described herein.
Section 2. Declarant's Easement of Correct Drainage. As long as Class B membership
shall be in effect, Declarant hereby reserves a blanket easement on, over and under the ground
within the Property to maintain and correct drainage of surface waters and other erosion controls
in order to maintain reasonable standards of health, safety and appearance and shall be entitled
to remove trees or vegetation, without liability for replacement or damages, as may be necessary
to provide adequate drainage for any portion of the Property. Notwithstanding the foregoing,
nothing herein shall be interpreted to impose any duty upon Declarant to correct or maintain any
drainage facilities within the Property.
Section 3. Easement for Unintentional Encroachment. The Declarant hereby reserves an
exclusive easement for the unintentional encroachment by any structures an exclusive easement
for the unintentional encroachment by any structure upon the Common-Area caused by or
resulting from, construction, repair, shifting, settlement or movement of any portion of the
property, which exclusive easement shall exist at all times during the continuance of such
encroachment as an easement appurtenant to the encroaching property to the extent of such
encroachment.
Section 4. Entry. Easement. In the event that the Owner fails to maintain the Lot as
required herein, or in the event of emergency repairs and to do the work reasonably necessary
for the proper maintenance and operation of the Property. Entry upon the Lot as provided herein
shall not be deemed a trespass, and the Association shall not be liable for any damage so created
unless such damage is caused by the Association's willful misconduct or gross negligence.
Section 5. Drainage Easements. Easements for the installation and maintenance of
utilities, stormwater retention/detention ponds, and/or a conservation area are reserved as may be
sworn on the recorded plat. Within these easement areas, no structure, plant or material shall be
placed or permitted to remain which may damage or interfere with the installation and
maintenance of utilities, or which may hinder or change the direction or flow of drainage
channels or slopes in the easements. The easement area of each Lot and all improvements
contained therein shall be maintained continuously by the Owner of the Lot, except for those
improvements for which a public authority, utility company or the Association is responsible.
Section 6. Temporary. Completion Easement. All Lots shall be subject to easement of
ingress and egress for the benefit of the Declarant, its employees, subcontractors, successors and
assigns, over and upon the front, side and rear yards of the Property as may be expedient or
necessary for the construction, servicing and completion of dwellings and landscaping upon Lots
adjacent to the Property, provided that such easement shall terminate twelve (12) months after
the date such Lot is conveyed to the Owner by the Declarant.
ARTICLE VI
USE AND OCCUPANCY
All Lots and dwellings shall be used and occupied for single-family residence purposes.
No Lot or dwelling may be used for commercial, institutional or other non-residential purpose
if such use involves the attendance or entry of non-residents upon the Lot or otherwise
diminishes the residential character of the Lot or neighborhood. This prohibition shall not apply
to "garage sales" conducted with prior written consent of the Association provided that no Owner
shall conduct more than two (2) garage sales of no more than two (2) days duration each during
any twelve (12) month period.
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ARTICLE VII
PROPERTY RIGHTS
Section 1. Owners' Easement of Enjoyment. Every Owner shall have a right and
easement in and to the Common Areas and a right and easement of ingress and egress to, from
and through said Common Areas, and such easement shall be appurtenant to and shall pass with
the title to every Lot, subject to the following provisions:
(a) The right of the Association to establish and publish rules and regulations
governing the use of the Common Areas affecting the welfare of Association members;
(b) The right of the Association to suspend the right of use of the Common Areas
and the voting rights of an Owner for any period during which any assessment against his Lot
remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published
rules and regulations;
4 (c) The right of the Association, subject to the provisions hereof, to dedicate or
transfer all or any part of the Common Areas, if any, to any public agency, authority or utility
for such purposes and subject to the conditions as may be agreed by the Association. No such
dedication or transfer shall be effective unless an instrument signed by Owners entitled to cast
two-thirds (%) of the votes of each class of membership has been recorded agreeing to such
dedication or transfer;
(d) All easements herein described are easements appurtenant to and running with
the land; they shall at all times inure to the benefit of and be binding upon the Owners, and all
of their grantees, and their respective heirs, successors, personal representatives and assigns,
perpetually and in full force.
Section 2. Effect of Declaration. Reference in any deed, mortgage, trust deed or any
other recorded documents to the easements, restrictions and covenants herein described or to this
Declaration shall be sufficient to create and reserve such easements and covenants to the
respective grantees, mortgagees, or trustees of said parcels as fully and completely as if those
easements, restrictions and covenants were fully related and set forth in their entirety in said
documents.
Section 3. Rezoning Prohibited. No Lot shall be rezoned to any classification allowing
commercial, institutional or other non-residential use without the express consent of the
Association and Declarant (as long as Declarant owns any Lot subject to this Declaration), which
may be withheld in Declarant's sole discretion. Declarant or the Association may enforce this
covenant by obtaining an injunction against any unapproved rezoning at the expense of the
enjoined party.
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ARTICLE VIII
USE RESTRICTIONS
Section 1. Nuisances. No noxious or offensive activity shall be carded on upon any Lot,
nor shall anything be done which may be or may become an annoyance or nuisance to the
neighborhood.
Section 2. Development Activity. Notwithstanding any other provision herein, Declarant
and its successors and assigns shall be entitled to conduct on the property all activities normally
associated with and convenient to the development of the Property and the construction and sale
of dwelling units on the Property.
Section 3. Temporary. Structures. No structures of a temporary character, including,
without limiting the generality thereof, any trailer, tent, shack, garage, barn, motor home or
mobile home or other outbuilding, shall be used on any Lot at any time as a residence, either
temporarily or permanently.
Section 4. Signs and Picketing. No sign or emblem of any kind may be kept or placed
upon any Lot or mounted, painted or attached to any Unit, fence or other improvement upon such
Lot so as to be visible from public view except the following:
(a) For Sale Signs. An Owner may erect on (1) sign not exceeding 2'x 3' in area,
fastened only to a stake in the ground and extending not more than three (3) feet above the
surface of the ground advertising the Property for sale.
(b) Declarant's Signs. Signs or billboards may be erected by the Declarant.
(c) Political Signs. Political signs may be erected upon a Lot by the Owner of such Lot
advocating the election of one or more political candidates or the sponsorship of a political party,
issue or proposal provided that such signs shall not be erected more than ninety (90) days in
advance of the election to which they pertain and are removed within fifteen (15) days after the
election.
In addition to the foregoing, to protect the safety and harmony of the community,
no person shall engage in picketing on any Lot, easement,right-of-way or Common Area within
or adjacent to the Property, nor shall any vehicle parked, stored or driven in or adjacent to the
Property bear or display any signs, slogans, symbols, words or decorations intended to create
controversy, invite ridicule or disparagement, or interfere in any way with the exercise of the
property rights, occupancy or permitted business activities of any Owner or Declarant.
Section 5. Campers, Trucks. Boats. and Recreational Vehicles. No campers, vans, pickup
trucks, boats, boat trailers, recreational vehicles and other types of non-passenger vehicles,
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equipment, implements or accessories may be kept on any Lot unless the same are fully enclosed
within the garage located on such Lot and/or said vehicles and accessories are screened from
view by a screening structure or fencing and said vehicles and accessories are in an operable
condition.
Section 6. Livestock and Poultry. No animals, livestock or poultry of any kind shall be
raised, bred or kept on any Lot, except that dogs, cats, or other household pets may be kept,
provided that they are not kept, bred, or maintained for any commercial purpose.
Section 7. Garbage and Refuse Disposal. No Lot shall be used or maintained as a
dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary
containers. All incinerators or other equipment for the storage or disposal of such material shall
be kept in a clean and sanitat3r condition.
Section 8. Sight Distance at Intersections. No fence, wall, hedge or shrub planting which
obstructs sight lines at elevations between two (2) and six (6) feet above the roadways shall be
placed or permitted to remain on any corner Lot within the triangular area formed by the street
boundary lines and a line connecting them at points twenty-five (25) feet from the intersection
of the street boundary lines, or in the case of a rounded property comer, form the intersection
of the street boundaD~ lines extended. /he same sight line limitations shall apply on any Lot
within ten (10) feet from the intersection of a street boundaD: line with the edge of a driveway
or alley pavement. No tree shall be permitted to remain within such distance of such
intersections unless the foliage line is maintained at sufficient height to prevent obstruction of
such sight lines.
Section 9. Parking. No vehicles, trailers, implements or apparatus may be driven or
parked in the Common Maintenance Area or on any easement.
Section 10. Commercial or Institutional Use. No Lot, and no building erected or
maintained on any Lot shall be used for manufacturing, industrial, business, commercial.
institutional or other non-residential purposes.
Section 11. Building Standards. No building shall be erected or maintained on any Lot
unless it complies with all applicable standards, including any governmental ordinances.
Section 12. Detached Buildings. No detached accessoD~ buildings, including, but not
limited to, detached garages and storage buildings, shall be erected, placed or constructed upon
any Lot without prior consent of the Association.
Section 13. Fences. No fence, wall or hedge shall be erected or maintained on any.: Lot
nearer to the street than the building setback lines for the front and side yards.
Section 14. Antennae. Satellite Dishes and Solar Collectors. No Ovmer may erect or
maintain a television or radio receiving or transmitting antenna, satellite dish or similar
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implement or apparatus, or solar collector panels or equipment upon any Lot unless such
apparatus is erected and maintained in such a way that it is screened from public view at a point
in the center of the public right-of-way directly in front of the house erected on such Lot.
Section 15. Chimneys. All fireplaces flues, smoke stacks, and spark arrectors shall be
completely enclosed and concealed from public view in finished chimneys of materials
architecturally compatible with the principal finish material of the exterior walls of the dwelling.
Section 16. Clothes Hanging Devices. Exterior clothes hanging devices shall not be
permitted.
Section 17. Window Treatment. No aluminum foil, reflective film or similar treatment
shall be placed on window or glass doors.
ARTICLE IX
ANNEXATION
Section 1. Annexation by Declarant. At any time during the initial term of this
Declaration, the Declarant may, at its sole option, annex additional property to this Declaration
to be subject to the terms hereof to the same extent as if originally included herein and subject
to such other terms, covenants, conditions, easements and restrictions as may be imposed thereon
by Declarant.
(a) Declaration of Annexation. Annexation shall be evidenced by a written
Declaration of Annexation executed by Declarant setting forth the legal description of the
property being annexed and the restrictive covenants to be applied to such annexed property.
(b) FHA/VA Approval. Declarant shall submit a written request for approval of
any annexation under this Section to the Federal Housing Administration ("FHA") and the
Veterans Administration ("VA") accompanied by a copy of the Declaration of Annexation. If
neither FHA nor VA notifies Declarant of objections to the annexation within fifteen (15) days
of the date of Declarant's request for approval, such approval shall be deemed to have been
granted.
Section 2. Annexation bv Action of Members. At any time the Board of Directors may
request approval of the membership for the annexation of additional property into the Association
to be subject to all of the terms of this Declaration to the same extent as if originally included
herein. No such annexation shall be effective unless approved in writing by members entitled
to cast two-thirds (%) of the total votes in both classes of membership, and by FHA and VA as
set forth in Subsection lb above. Any property that is contiguous to existing property to this
Declaration may be annexed hereto according to the foregoing requirements,- provided however,
that no such annexation shall be effective without the consent and joinder of the owners of the
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property to be annexed. Such annexation must be evidenced by a Declaration of Annexation
as set forth in Subsection 1 a above executed by the parties herein described.
Section 3. No Duty to Annex. Nothing herein contained shall establish any duty or
obligation on the part of the Declarant or any the member to annex any property to this
Declaration and no owner of property excluded from the Declaration shall have any right to have
such property annexed thereto.
Section 4. Effect of Annexation on Class B Membership. In determining the number of
Lots owned by Declarant for the purpose of Class B Membership status according to Article II,
Section 6, the total number of Lots covered by the Declaration including all Lots annexed thereto
shall be considered. If Class B Membership has previously expired but annexation of additional
property restores the ratio of Lots owned by Declarant to the number required for Class B
Membership, such Class B Membership shall be reinstated.
ARTICLE X
GENERAL
Section 1. Remedies. In the event of any default by any Owner under the provisions of
the Declaration, By-Laws or rules and regulations of the Association, the Association and any
Owner shall have each and all of the rights and remedies which may be provided for in this
Declaration, the By-Laws and said rules and regulations, and those which may be available at
law or in equity, and may prosecute any action or other proceedings against such defaulting
Owner and/or others for enforcement of any lien, statutory or otherwise, including foreclosure
of such lien and the appointment of a receiver for the Lot and ownership interest of such Owner,
or for damages or injunction, or specific performance, or for judgement for the payment of the
money and collection thereof, or for any combination of the remedies, or for any other relief.
No remedies herein provided or available at law or in equity shall be deemed mutually exclusive
of any other such remedy. All expenses of the Association in connection with any such actions
or proceedings, including court costs and attorney's fees and other fees and expenses, and all
damages, permitted by law but, with reference to any Lots financed by FHA insured loans, not
in excess of the maximum rate of FHA loans at the time of delinquency, from the due date until
paid, shall be charged to and assessed against such defaulting Owner, and shall be added to and
deemed part of respective maintenance assessment (to the same extent as the lien provided herein
for unpaid assessments), upon the Lot and upon all of his additions and improvements thereto,
and upon all of his personal property upon the Lot. Any and all of such rights and remedies may
be exercised at any time and from time to time, cumulatively or otherwise, by the Association
or any Owner.
Section 2. Term and Amendments. The covenants and restrictions of this Declaration
shall run with and bind the land for a term of ten (10) years from the date this Declaration is
recorded, after which time they shall be automatically extended for successive periods often (10)
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years, unless seventy-five percent (75%) of the votes outstanding shall have voted to terminate
the covenants and restrictions of this Declaration upon the expiration of the initial ten (10) year
period or any extension thereof, which termination shall be by written instrument signed by
seventy-five percent (75%) of the Owners and properly recorded in the Denton County, Texas
land records. This Declaration may be amended by an instrument signed by Owners constituting
not less than seventy-five percent (75%) of the votes of the Association, provided that as long
as there is a Class B membership, such amendment has been approved by the U.S. Department
of Housing and Urban Development (acting through the area office having jurisdiction over the
Association). Any amendment must be recorded. Notwithstanding any provisions hereof to the
contrary, the Declarant may, at its sole discretion and without consent being required of anyone,
modify, amend, or repeal this Declaration at any time prior to the closing of the sale of the first
Lot, provided said amendment, modification, or repeal is in writing and properly recorded in
Dallas, County, Texas.
Section 3. Severability. Invalidation of any one of these covenants or restrictions by
judgement or court order shall in no way affect any other provisions which shall remain, in full
force and effect.
Section 4. Rights and Obligations. The provisions of this Declaration and the Articles
of Incorporation and By-Laws and the rights and obligations established thereby shall be deemed
to be covenants running with the land and shall inure to the benefit of, and be binding upon, each
and all of the Owners and their respective heirs, representatives, successors, assigns, purchasers,
grantees and mortgagees. By the recording or the acceptance of a deed conveying a Lot of any
ownership interest in the Lot whatsoever, the person to whom such Lot or interest is conveyed
shall be deemed to accept and agree to be bound by and subject to all of the provisions of this
Declaration and the Articles of Incorporation and By-Laws, whether or not mention thereof is
made in said deed.
Section 5. Miscellaneous Provisions. Any provisions of this Declaration or of the
Articles of Incorporation and By-Laws to the contrary notwithstanding, the following provisions
shall control:
(a) FHA/VA Approval. If any prospective Owner applies for FHA or VA
mortgage financing and receives a commitment therefor, the following actions will require
approval of the Federal Housing Administration and the Veterans Administration as applicable:
(1) addition of properties except as set forth in Article X, (2) dedication of Common Areas, and
(3) amendment of this Declaration.
(b) The following actions will require notice to all institutional holders of first
mortgage liens: (1) abandonment or termination of the Association; or (2) material amendment
to the Declaration.
(c) Upon the request of any first mortgagee of a dwelling on a Lot, the
Association shall furnish to such mortgagee a written notice of any default by the Owner of such
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dwelling in the performance of such Owner's obligations under this Declaration or the By-Laws
or Association rules and regulations which is not cured within thirty (30) days. Any first
mortgagee of a dwelling who comes into possession of such dwelling pursuant to the remedies
provided in the mortgage, a foreclosure of the mortgage, or deed (or assignment) in lieu of
foreclosure, shall take such property free of any claims for unpaid assessments or charges in
favor of the Association against the mortgaged dwelling which accrued prior to the time such
holder comes into possession of the dwelling.
(d) Unless at least seventy -five percent (75%) of the first mortgagees (based upon
one vote for each mortgage) have given their prior written approval, neither the Association nor
the Owners shall be entitled to:
(i) by act or omission seek to abandon,
partition, encumber, or transfer the Camm
Areas, if any, or any portion thereof
of interest therein;
(The granting of easements for public
utilities or other public purposes
consistent with the intended use of such
property shall not be deemed a transfer
within the meaning of this clause.)
(ii) substantially change the method of
determining the obligations, assessments,
dues or other charges which may be levied
against an Owner by the Association;
(iii) by act or omission change, waive, or
abandon any scheme of regulations or
enforcement thereof pertaining to the
architectural design or the exterior
appearanceof the dwellings or maintenance
of the dwellings or Lots;
(iv) fail to maintain liability and extended
coverage insurance on insurable property
comprising a part of the Common Areas on
a current replacement cost basis in an
amount not less than one hundred percent (100%)
of the insurable value (based on current
replacement costs).
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(e) All personal pronouns used in this Declaration, whether used in the masculine,
feminine or neuter gender, shall include all other genders; the singular shall include the plural,
and vice versa.
Section 6. 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 7. Conflicts. In the event of conflict between the terms of this Declaration and
the By-Laws, rules, regulations or Articles of Incorporation of the Association, this Declaration
shall control.
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IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed on
its behalf, attested and its corporate seal to be hereunto affixed as of the day and year first above
written.
DECLARANT
ATTEST: CENTEX REAL ESTATE CORPORATION
By:
Benton H. Kames
Division President
STATE OF TEXAS §
COUNTY OF DENTON §
The foregoing instrument was acknowledged before me this day of
, 19__ by Benton H. Kames, Division President of Centex Real Estate
Corporation, a Nevada corporation on behalf of said corporation.
Notary Public, State of Texas
Notary's Name Printed:
Renee Webb-McMillan
My Commission Expires:
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