Copperstone/FP-CS 940307 NICHOLS. JACKSON. DILLARD. HAGER & SMITH, L.L.P.
.~torneys & Counselors at Law
1800 Lincoln Plaza ,(A-~aEPI~E G -~OSE
$00 North Akard
Da]las, Texas 7.5201
(214) 954-3333
Fax (214) 954-3~$4
March 7, 1994
Taryon Paster Bowman
Planning & Zoning Coordinator
City of Coppell
P.O. Box 478
Coppell, Texas 75019
Re: Copperstone Addition - Homeowners' Association Agreement
Dear Taryn:
You have asked us to review the proposed Homeowners' Association Agreement
for the Copperstone Addition. I have a few comments on the text of the draft in addition
to the proposed form that we have submitted to you in the past.
The first comment regards the definition of "Common Maintenance Areas" in
Section 8 of the Definitions. I would urge Centex to revise this language to make it more
clear. Particularly the area "... ,and such other areas lying within dedicated public
easements or right-of-way as deemed appropriate by the Board of Directors,..." This
is a nebulous sentence which needs to be clarified what areas, if any, in the public right-
of-way, the Association intends to maintain and whether the City would be willing to allow
such an arrangement.. If there is such an area, and the arrangement is satisfactory to
the City, the City should enter into a separate maintenance agreement with the
Association in addition to this document. As you know, Article V deals with easements.
My only comment about Sections 1-6 is that these easements need to be reflected on the
map and/or plat of the subdivision. Moreover, Sections 3 and 4 have typographical
errors in them all.
I would like to direct you to the sample document for Homeowners' Association
that Larry Jackson prepared. The provisions which I feel are important are Section 4.04
and Section 4.07. These provisions essentially provide that if the Homeowners'
Association fails to maintain the common areas, then the City may, at its election, step
in and assume the duties and responsibilities of the Homeowners' Association. This
includes collecting dues and assessing liens on the property owners, just as the
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Taryon Paster Bowman
March 7, 1994
Page 2
Homeowners' Association does. If the City is interested in pursuing such a policy, then
I recommend that you require Centex to include language similar to Section 4.04 and
Section 4.07 of the form agreement in the Copperstone Addition.
If you have any further questions, please do not hesitate to call.
Sincerely,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
Bruce A. Stockard
BAS/ckh
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