DeForest Ct/Re-CS000314 AFTER RECORDING RETURN TO:
Timothy D. Hagen
North Central Plaza Three
12801 N. Central Expwy., Suite 370
Dallas, Texas 75243 co
DECLARATION OF COVENANTS, COND
AND RESTRICTIONS FOR DEFOREST COURT, COlq3ELE,
20o V THIS DECLARATION (herein so called) is made this j_~ day of ~A-~[-{ ,
~ by CASTELLAN DEVELOPMENT, L.P., a Texas limited partnership (hereinafter
referred to as "Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of the real property referred to in Article II hereof
and described on Exhibit "A" attached hereto and made a part hereof for all purposes, and
desires to create thereon a residential community with residential lots, open spaces, landscaping,
sprinkler systems, streets, common lighting, fencing, drives, screening walls, lakes, fountains,
and other common improvements for the benefit of the community; and
WHEREAS, Declarant desires to provide for, among other matters, the preservation of
the values and amenities in said community and for the maintenance of said open spaces,
landscaping, sprinkler systems, streets, common lighting, fencing, drives, screening walls, lakes,
fountains, and other common improvements; and, to this end, desires to subject the real property
referred to in Article II, together with such additions as may hereafter be made thereto (as
provided in Article II) to the covenants, conditions, restrictions, easements, charges and liens
hereinafter set forth, each and all of which is and are for the benefit of said property and each
and every owner of any part thereof; and
WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the
values and amenities in said community, to create an owners' association to which would be
delegated and assigned the powers of (i) maintaining and administering the common properties
and facilities, (ii) administering and enforcing the covenants and restrictions contained herein,
and (iii) collecting and disbursing the assessments and charges hereinafter created; and
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WHEREAS, Declarant has caused or will cause a non-profit corporation to be
incorporated under the laws of the State of Texas for the purpose of effecting the intents and
objectives herein set forth.
NOW, THEREFORE, Declarant declares that the real property referred to in Article II,
and such additions thereto as may hereafter be made pursuant to Article II hereof, is and shall
be held, transferred, sold, conveyed and occupied subject to the covenants, conditions,
restrictions, easements, charges and liens (sometimes referred to as "Covenants and
Restrictions") hereinafter set forth.
ARTICLE I
DEFINITIONS
The following words when used in this Declaration or any Supplemental Declaration
(unless the context shall otherwise provide) shall have the following meanings:
(a) "Architectural Control Committee" shall mean and refer to the
architectural control committee described in Article X hereof.
(b) "Articles of Incorporation" shall mean and refer to the articles of
incorporation of the Association as may be amended from time to time.
(c) "Association" shall mean and refer to Deforest Court Residential
Association, Inc., a Texas non-profit corporation, which will have the power,
duty and responsibility of maintaining and administering the Common Properties,
and collecting and disbursing the assessments and charges hereinafter prescribed,
and will have the right to administer and enforce the Covenants and Restrictions.
(d) "Board" or "Board of Directors" shall mean and refer to the board
of directors of the Association.
(e) "Bylaws" shall mean and refer to the bylaws of the Association,
as may be amended from time to time.
(f) "Class A Members" shall have the meaning set forth in Section
3.02 hereof.
(g) "Class B Members" shall have the meaning set forth in Section
3.02 hereof.
(h) "Common Properties" shall mean and refer to (i)those certain
streets, drives, street lights, street signs, traffic control devices, parkway areas,
landscaped medians, landscaping improvements, plantings, screening walls,
fencing, sprinkler systems, lakes, fountains, and easements, among other
amenities, as are more particularly described on Exhibit "B" attached hereto and
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made a part hereof for all purposes, all of which are intended to be devoted to the
common use and enjoyment of the Owners; (ii) any areas designated as "common
properties" or "common arms" on the Plat; and (iii)any areas of land,
~mprovements or other property rights within the Properties which are now or
hereafter designated by the Declarant or the Board of Directors as Common
Properties intended for or devoted to the common use and enjoyment of the
Owners, together with any and all improvements that are now or may hereafter
be constructed thereon. In certain circumstances, Common Properties may not
be owned by the Declarant or the Association in fee, but may, in some instances,
be held as an easement, be leased or may simply be areas of land that are not
owned or leased by the Declarant or the Association but which are maintained by
the Association or the Declarant for the use and benefit of the Owners and the
Properties. An example of areas of Common Properties which may not be owned
or leased by the Association or the Declarant but would constitute a portion of the
Common Properties would be landscaped areas appurtenant to and within public
rights-of-way. The Declarant may hold record title to all or a portion of the
Common Properties, consistent with the objectives envisioned herein and subject
to the easement rights herein of the Owners to use and enjoy the Common
Properties, for an indefinite period of time and at a point in time (deemed
appropriate and reasonable by the Declarant) after the Association has been
incorporated, record title to those portions of the Common Properties which are
owned by the Declarant in fee, as an easement or otherwise will be transferred
from the Declarant to the Association.
(i) "Declarant" shall mean and refer to Castellan Development, L.P.
and its successors and assigns, if such successors and/or assigns become same by
express assignment by Castellan Development, L.P., of its rights as Declarant
hereunder or by operation of law. No person or entity purchasing one or more
Lots from Castellan Development, L.P., in the ordinary course of business shall
be considered as "Declarant".
(.j) "Lot" shall mean and refer to any plot or tract of land shown upon
any recorded subdivision map(s) or plat(s) of the Properties, as amended from
time to time, which is designated as a lot thereon and which is or will be
improved with a residential dwelling. Some portions of the Common Properties
may be platted as a "lot" on the recorded subdivision plat, however, these lots
shall be excluded from the concept and definition of lot as used herein.
(k) "Member" shall mean and refer to each Owner as provided in
Article III hereof.
(1) "Owner" shall mean and refer to every person or entity who is a
record owner of a fee or undivided fee interest in any Lot which is subject to this
Declaration. The foregoing is not intended to include persons or entities who
hold an interest merely as security for the performance of an obligation.
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(m) "Plat" shall mean and refer to the Final Plat of Deforest Court, an
addition to the City of Coppell, according to the map or plat thereof recorded in
the Plat Records of Dallas County, Texas.
(n) "Properties" shall mean and refer to the properties subject to this
Declaration as described on Exhibit "A" attached hereto, together with such
additions as may hereafter be made thereto (as provided in Article II).
ARTICLE II
PROPERTY SUBJECT TO TI-IIS DECLARATION; ADDITIONS TItERETO
2.01 Existing Properties. The Properties which are, and shall be, held, transferred,
sold, conveyed, and occupied subject to this Declaration are located in Coppell, Dallas County,
State of Texas, and are more particularly described on Exhibit "A" attached hereto and
incorporated herein by reference for all purposes.
2.02 Additions to Properties. Additional land(s) may become subject to this
Declaration in any of the following manners:
(a) The Declarant may add or annex additional real property to the
scheme of this Declaration by filing of record a Supplementary Declaration of
Covenants, Conditions and Restrictions ("Supplementary Declaration") which
shall extend the scheme of the Covenants and Restrictions of this Declaration to
such property; provided, however, that such Supplementary Declaration may
contain such complementary additions and modifications of the Covenants and
Restrictions contained in this Declaration as may be necessary to reflect the
different character, if any, of the added properties and as are not materially
inconsistent with this Declaration in a manner which adversely affects the concept
of this Declaration.
(b) In the event any person or entity other than the Declarant desires
to add or annex additional residential and/or common areas to the scheme of this
Declaration, such proposed annexation must have the prior written consent and
approval of the majority of the outstanding votes within each voting class of the
Association.
(c) Any additions made pursuant to Paragraphs (a) and (b) of this
Section 2.02, when made, shall automatically extend the jurisdiction, functions,
duties and membership of the Association to the properties added.
(d) The Declarant shall have the right and option [without the joinder,
approval or consent of any person(s) or entity(les)] to cause the Association to
merge or consolidate with any similar association then having jurisdiction over
real property located (in whole or in part) within one-half (1/2) mile of any real
property then subject to the jurisdiction of the Association. Upon a merger or
consolidation of the Association with another association, its properties, rights and
obligations may, by operation of law, be transferred to another surviving or
consolidated association or, alternatively, the properties, rights and obligations of
another association may, by operation of law, be added to the properties, rights
and obligations of the Association as a surviving corporation pursuant to a
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merger. The surviving or consolidated association may administer the Covenants
and Restrictions established by this Declaration within the Properties together
with the covenants and restrictions established upon any other properties as one
scheme.
(e) Notwithstanding the fact that the Declarant may not be an Owner
Ia Class A or Class B Member] by virtue of its sale, transfer or conveyance of
all of its right, rifle, and interest in the Properties, the Declarant shall continue
to be entitled to implement and exercise all its rights under and pursuant to this
Section 2.02 and all of the subsections hereof. Even though the Declarant may
not be a Class A or Class B Member prior to an annexation, merger or
consolidation permitted by this Section 2.02, subsequent to such annexation,
merger or consolidation, the Declarant shall be and become a Class B Member
with respect to the Lots owned by it within the Properties, as such Properties
have been expanded or increased by the annexation, merger or consolidation.
The Declarant's rights as a Class B Member shall be governed by and set forth
in this Declaration and the Articles of Incorporation and Bylaws of the
Association, as same may be amended or altered by, and in accordance with, the
annexation, merger or consolidation.
ARTICLE ~I
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
3.01 Membership. Every Owner of a Lot shall automatically be a Member of the
Association. Membership shall be appurtenant to and may not be separated from ownership of
any Lot which is subject to this Declaration. The foregoing is not intended to include persons
or entities who hold an interest merely as security for the performance of an obligation.
Membership shall be appurtenant to and may not be separated from ownership of any Lot. The
Board of Directors may declare that an Owner is not a Member in good standing because of
unpaid dues, fines, late charges, interest, legal fees, and/or any other Assessment of any nature.
The Board of Directors may temporarily suspend the voting rights of any Member who is not
in good standing until such unpaid amounts are paid in full.
3.02 Classes of Membership. The Association shall have two (2) classes of voting
membership:
CLASS A. Class A Members shall be all Members with the exception of
Class B Members. Class A Members shall be entitled to one (1) vote for each
Lot in which they hold the interest required for membership. When more than
one person holds such interest or interests in any Lot, all such persons shall be
Members, and the vote for such Lot shall be exercised as they, among
themselves, determine, but in no event shall more than one vote (1) be cast with
respect to any such Lot.
CLASS B. Class B Members shall be Declarant and any bona fide Owner who
is engaged in the process of constructing a residential dwelling on any Lot for
sale to consumers. Declarant shall be entitled to six (6) votes for each Lot owned
by all Class B Members. Class B Members other than Declarant shall be non-
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voting Members of the Association. The Class B membership shall cease, and
each Class B Member shall become a Class A Member, upon the earlier to occur
of the following:
(i) when the total number of votes outstanding in the
Class A membership is eight (8) times greater than the total
number of votes outstanding in the Class B membership; or
(ii) when Declarant no longer owns record title to any
of the Lots; or
(iii) on the tenth (10th) anniversary of the date this
Declaration was recorded in the Office of the County Clerk of
Dallas County, Texas.
Notwithstanding the voting rights within the Association, until the Declarant no longer
owns record title to any Lot or the tenth (10th) anniversary of the date this Declaration was
recorded in the Office of the County Clerk of Dallas County, Texas, whichever occurs first in
time, the Association shall take no action with respect to any matter whatsoever without the prior
written consent of the Declarant.
Owners of exempt properties as described in Section 5.11 hereof shall be Members but
shall not have voting rights.
3.03 Quorum, Notice and Voting Requirements.
(a) Subject to the provisions of Paragraph (c) of this Section, any
action taken at a meeting of the Members shall require the assent of the majority
of all eligible votes of those who are voting in person or by proxy, regardless of
class, at a meeting duly called, written notice of which shall be given to all
Members not less than ten (10) days nor more than sixty (60) days in advance.
(b) The quorum required for any action referred to in Paragraph (a)
of this Section shall be as follows:
The presence at the initial meeting of Members entitled to
cast, or of proxies entitled to cast, one tenth (1/10th) of all of the
votes of the Association, regardless of class, shall constitute a
quorum for any action except as otherwise provided in the Articles
of Incorporation, the Bylaws or this Declaration or as provided by
the laws of the State of Texas.
(c) As an alternative to the procedure set forth above, any action
referred to in Paragraph (a) of this Section may be taken without a meeting if a
consent in writing, approving the action to be taken, shall be signed by all
Members.
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(d) Except as otherwise 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.
(e) Except as specifically set forth in this Declaration, notice, voting
and quorum requirements for all action to be taken by the Association (as an
incorporated entity) shall be consistent with its Articles of Incorporation and
Bylaws, as same may be amended from time to time.
ARTICLE IV
PROPERTY RIGHTS IN THE COMMON PROPERTIES
4.01 Members' Easements of Enjoyment. Subject to the provisions of Section 4.03
of this Article, every Member and every tenant of every Member, who resides on a Lot, and
each individual who resides with either of them, respectively, on such Lot shall have a non-
exclusive right and easement of use and enjoyment in and to the Common Properties, except that
no wading, swimming, boating or fishing shall be allowed in the lakes or drainage ways, and
such easement shall be appurtenant to and shall pass with the title of every Lot; provided,
however, such easement shall not give such person the right to make alterations, additions or
improvements to the Common Properties.
4.02 Title to the Common Properties. The Declarant shall dedicate and convey the
fee simple title to the Common Properties to the Association at such point in time deemed
reasonable and appropriate by the Declarant. Prior to the date the Common Properties are
conveyed to the Association, the Declarant shall retain the right to sell portions of the Common
Properties to Owners if Declarant, in its sole discretion, deems such sale to be for the best
interest of the development.
4.03 Extent of Members' Easements. The rights and easements of enjoyment created
hereby shall be subject to and limited by the following:
(a) The right of the Association to prescribe regulations governing the
use, operation and maintenance of the Common Properties.
(b) Liens of mortgages placed against all or any portion of the
Common Properties with respect to monies borrowed by the Declarant to develop
and improve the Common Properties or by the Association to improve or
maintain all or any portion of the Common Properties;
(c) The right of the Declarant and/or the Association to enter into and
execute contracts with parties (including the Declarant or an affiliate of the
Declarant) for the purpose of providing maintenance for all or a portion of the
Common Properties or providing 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 Properties against foreclosure;
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(e) The right of the Association, as may be provided in its Bylaws, to
suspend the voting rights of any Member and to suspend the right of any
individual to use any of the Common Properties for any period during which any
assessment against a Lot owned by such individual remains unpaid, and for any
period not to exceed sixty (60) days for an infraction of its rules and regulations;
(f) The right of the Declarant or the Association, subject to approval
by written consent by the Member(s) having a majority of the outstanding votes
of the Members, in the aggregate, regardless of class, to dedicate or transfer all
or any part of the Common Properties to any public agency, authority, or utility
company for such purposes and upon such conditions as may be agreed to by such
Members;
(g) The right of the Declarant or the Association, at any time, to make
such reasonable amendments to the Plat, as it deems advisable, in its sole
discretion. All Members are advised that a port/on of the Common Properties
may be located within the platted and dedicated public rights-of-way and in
connection therewith the public shall have rights of use and enjoyment of
Common Properties located within the public rights-of-way; and
(h) With respect to any and all portions of the Common Properties,
Declarant, until Declarant no longer owns record title to any Lot or the
tenth (10th) anniversary of the date this Declaration was recorded in the Office
of the County Clerk of Dallas County, Texas, whichever is the first to occur,
shall have the right and option (without the joinder and consent of any person or
entity, save and except any consent, joinder or approval required by the City of
Coppell or any other governmental agency having appropriate jurisdiction over
the Common Properties) to: (i) alter, improve, landscape and/or maintain the
Common Properties; (ii) rechannel, realign, dam, bridge, bulwark, culvert and
otherwise employ or utilize construction and/or engineering measures and
activities of any kind or nature whatsoever upon or within the Common
Properties; (iii) zone, rezone, or seek and obtain variances or permits of any kind
or nature whatsoever upon or within the Common Properties; (iv)replat or
redesign the shape or configuration of the Common Properties; and (v) seek and
obtain any and all permits, licenses or exemptions from any and all governmental
agencies exercising jurisdiction over the Common Properties and/or the uses or
activities thereon.
ARTICLE V
COVENANTS FOR ASSESSMENTS
5.01 Creation of the Lien and Personal Obligation of Assessments. Declarant, for
each Lot owned by it, hereby covenants and agrees, and each purchaser of any Lot 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 the Lot), to pay to the Association (or to an entity or collection agency designated
by the Association): (1) annual maintenance assessments or charges (as specified in Section 5.04
hereof), such assessments to be fixed, established and collected from time to time as herein
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provided; (2) special assessments for capital improvements and other purposes (as specified in
Section 5.05 hereof), such assessments to be fixed, established and collected from time to time
as hereinafter provided; and (3) individual special assessments levied against one or more
Owners to reimburse the Association for extra costs for maintenance and repairs caused by the
willful or negligent acts or omissions of such Owner or Owners, his tenants (if applicable), and
their respective family, agents, guests and invitees, and not caused by ordinary wear and tear
(as specified in Section 5.05 hereof), all of such assessments to be fixed, established and
collected from time to time as hereinafter provided. The annual maintenance, special capital,
and special individual assessments described in this Section 5.01 (hereinafter, the "Assessment"
or the "Assessments," 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 Lot against which any such Assessment is made. Each such Assessment, together
with interest thereon, attorneys' fees, court costs, and other costs of collection thereof shall also
be the continuing personal obligation of the Owner of such Lot at the time when the Assessment
fell due. Further, no Owner may exempt himself from liability for such Assessments or waive
or otherwise escape liability for the Assessments by non-use of the Common Properties or
abandonment of his Lot. Existing obligations of an Owner to pay Assessments and other costs
and charges shall not pass to bona fide first lien mortgagees which become Owners by reason
of foreclosure proceedings or an action at law subsequent to the date the Assessment was due;
provided, however, any such foreclosure proceeding or action at law shall not relieve such new
Owner of such Lot from liability for the amount of any Assessment thereafter becoming due nor
from the lien securing the payment of any subsequent Assessment.
5.02 Purpose of Assessments. The Assessments levied by the Association shall be
used exclusively for (i) the purpose of promoting the recreation, comfort, health, safety and
welfare of the Members and/or the residents of the Properties; (ii) managing the Common
Properties; (iii) enhancing the quality of life in the Properties and the value of the Properties;
(iv) improving and maintaining the Common Properties, the properties, services, improvements
and facilities devoted to or directly related to the use and enjoyment of the Common Properties,
including, but not limited to, the payment of taxes on the Common Properties and insurance in
connection therewith and the repair, replacement and additions thereto; (v) paying the cost of
labor, equipment (including the expense of leasing any equipment) and materials required for,
and management and supervision of, the Common Properties; (vi) carrying out the powers and
duties of the Board of Directors of the Association as set forth in this Declaration and the
Bylaws; (vii)carrying out the purposes of the Association as stated in its Articles of
Incorporation; and (viii) carrying out the powers and duties relating to the Architectural Control
Committee, after Declarant has delegated or assigned such powers and duties to the Association.
5.03 Improvement and Maintenance of the Common Properties Prior to
Conveyance to the Association. Initially, all improvement of the Common Properties shall be
the responsibility of the Declarant and shall be undertaken by Declarant at its sole cost and
expense with no right to reimbursement from the Association. After the initial improvements
to the Common Properties are substantially completed and until the date of the conveyance of
the title to the Common Properties to the Association, the Declarant, on behalf of the
Association, shall have the responsibility and duty (but with right of Assessment against all
Owners) of maintaining the Common Properties, including, but not limited to, the payment of
taxes on and insurance in connection with the Common Properties and the cost of repairs,
replacements and additions thereto, and for paying the cost of labor, equipment (including the
expense of leasing any equipment) and materials required for, and management and supervision
of, the Common Properties. In this regard, and until such time as the Common Properties are
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conveyed to the Association, all Assessments collected by the Association (less such amount
required for the operation of the Association) shall be forthwith paid by the Association to
Declarant, to the extent that such Assessments are required by Declarant to maintain the
Common Properties as set forth in this Paragraph. The Association may rely upon a certificate
executed and delivered by the Declarant with respect to the amount required by Declarant to
maintain the Common Properties hereunder.
5.04 Annual Maintenance Assessments.
(a) Commencing with the year beginning January 1, 2000, and each
year thereafter, each Member shall pay to the Association an annual maintenance
assessment in such amount as set by the Board of Directors, at its annual meeting.
(b) Subject to the provisions of Section 5.04(c) hereof, the rate of
annual maintenance assessments may be increased by the Board. The Board may,
after consideration of current maintenance, operational and other costs and the
future needs of the Association, fix the annual maintenance assessments for any
year at a lesser amount than that of the previous year.
(c) An increase in the rate of the annual maintenance assessments as
authorized by Section 5.04C0) hereof in excess of twenty-five percent (25%) of
the preceding year's annual maintenance assessments must be approved by the
Members in accordance with Section 3.03 hereof.
(d) When the annual maintenance assessment is computed for Lots, all
or a portion of such annual maintenance assessment shall be payable to the
Association by the Member according to the status of the Lot owned by such
Member as follows:
(i) As to a Lot owned by a Class A Member, the full
annual maintenance assessment shall be payable.
(ii) As to a Lot owned by a Class B Member, one-
quarter (1/4) of the annual maintenance assessment shall be
payable.
Notwithstanding the foregoing for a period of three (3) years after the date
hereof or until there is no longer any Class B membership, whichever occurs
first, at Declarant's option, Declarant shall not be required to pay any
Assessments with respect to any Lot owned by Declarant which has not been
improved with a completed dwelling structure thereon; provided, however, that
in the event Declarant elects not to pay any such Assessments during such period
for so long as Declarant is the Owner of any Lot, Declarant shall subsidize the
Association to the extent necessary to cover all net operating losses incurred by
the Association in the operation or maintenance of the Common Properties, but
Declarant shall not be required to subsidize the Association in an amount in
excess of the Assessments which Declarant would otherwise have been required
to pay hereunder. If Declarant subsidizes the Association and the Association
thereafter accumulates a surplus or positive account balance, the Association shall
reimburse the Declarant for the amount of such subsidies to the extent of the
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surplus or positive account balance. If Declarant subsidizes the Association in an
amount in excess of the Assessments which Declarant would otherwise have been
required to pay pursuant to this Declaration, all of such excess amounts shall
constitute loans from Declarant to the Association which shall be payable by the
Association to Declarant on demand. After the expiration of such period,
Declarant shall be required to pay Assessments in accordance with the provisions
hereof, but Declarant shall not be required to subsidize the Association in an
amount in excess of the Assessments which Declarant would otherwise have been
required to pay hereunder.
(e) Notwithstanding anything herein contained to the contrary, prior
to January 1, 2001, the maximum annual maintenance assessment chargeable
against any Lot for which a full assessment is payable shall not exceed
$ per month.
(f) The Board of Directors may provide that annual maintenance
assessments shall be paid monthly, quarter-annually, 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 (i) estimate the total
common expenses to be incurred by the Association for the forthcoming fiscal
year, (ii) determine, in a manner consistent with the terms and provisions of this
Declaration, the amount of the annual maintenance assessments to be paid by each
Member, and (iii) establish the date of commencement of the annual maintenance
assessments. Written notice of the annual maintenance assessments to be paid by
each Member and the date of commencement thereof shall be sent to every
Member, but only to one (1) joint Owner. Each Member shall thereafter pay to
the Association his annual maintenance assessment in such manner as determined
by the Board of Directors.
(g) The annual maintenance assessments shall include reasonable
amounts, as determined by the Members or by the Board, collected as reserves
for the future periodic maintenance, repair and/or replacement of all or a portion
of the Common Properties and/or for fulfillment of future obligations of the
Association. All amounts collected as reserves, whether pursuant to this Section
or otherwise, shall be deposited 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 annual
maintenance assessments.
5.05 Special Capital Assessments and Special Individual Assessments.
(a) In addition to the annual maintenance assessments authorized in
Section 5.04 hereof, the Board of Directors of the Association may levy in any
calendar assessment year a special capital assessment for the purpose of
(i) defraying, in whole or in part, the cost of any construction or reconstruction,
repair or replacement of improvements upon the Properties or Common
Properties, including the necessary fixtures and personal property related thereto
(ii) maintaining portions of the Common Properties and improvements thereon,
or (iii) carrying out other purposes of the Association; provided, however, that
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any such special capital assessment levied by the Association shall have the
approval of the Members in accordance with Section 3.03 hereof. Any special
capital assessment levied by the Association shall be paid by the Members directly
to the Association on such date or dates as determined by the Board of Directors.
All such amounts collected by the Association may only be used for the purposes
set forth in this Section 5.05.
(b) The Board of Directors of the Association may levy special
individual capital assessments against one or more Owners for (i) reimbursement
to the Association of the costs for repairs to the Properties or Common Properties
and improvements thereto occasioned by the willful or negligent acts of such
Owner or Owners and not ordinary wear and tear; or (ii) for payment of fines,
penalties or other charges imposed against an Owner or Owners relative to such
Owner's failure to comply with the terms and provisions of this Declaration, the
Bylaws of the Association or any rules or regulation promulgated hereunder. Any
special individual assessment levied by the Association shall be paid by the Owner
or Owners directly to the Association. All amounts collected by the Association
as special individual assessments under this Section 5.05 shall belong to and
remain with the Association.
5.06 Uniform Rate of Annual Maintenance Assessments and Special Capital
Assessments. Both annual maintenance assessments and special capital assessments (excepting
therefrom special individual capital assessments) must be fixed at a uniform rate for all Lots,
and be payable as set forth herein.
5.07 Date of Commencement of Assessments; Due Dates; No Offsets. The annual
maintenance assessments provided for herein shall commence on the date fixed by the Board of
Directors to be the date of commencement and, except as hereinafter provided, shall be payable
monthly, quarter-annually, semi-annually or annually, in advance, on the first day of each
payment period thereafter, as the case may be and as the Board of Directors shall direct. The
first annual maintenance assessment shall be made for the balance of the calendar year in which
it is levied. The amount of the annual maintenance 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 maintenance assessment provided for in Section 5.04 hereof as the
remaining number of months in that year bears to twelve; provided, however, that if the date
of commencement falls on other than the first day of a month, the annual maintenance
assessment for such month shall be prorated by the number of days remaining in the month.
The due date or dates, if to be paid in installments, of any special capital assessment or special
individual assessment under Section 5.05 hereof shall be fixed in the respective resolution
authorizing such assessment. All Assessments shall be payable in the amount specified by the
Association and no offsets against such amount shall be permitted for any reason.
5.08 Duties of the Board of Directors with Respect to Assessments.
(a) The Board of Directors shall fix the date of commencement and the
amount of the annual maintenance assessment against each Lot for each
assessment period at least thirty (30) days in advance of such date or period and
shall, at that time, prepare a roster of the Lots and assessments applicable thereto
which shall be kept in. the office of the Association and shall be open to
inspection by any Owner, at such Owner's sole cost and expense.
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(b) Written notice of all assessments shall be delivered or mailed to
every Owner at the address of the Lot owned by such Owner unless an alternate
address is provided to the Association in writing specifically directing the
Association where such notices are to be delivered. Each Owner is also required
to provide the Association with the name of any tenant residing in the residence
situated on the Lot owned by such Owner.
(c) The omission of the Board of Directors to fix the assessments
within the time period set forth above for any year shall not be deemed a waiver
or modification in any respect of the provisions of this Declaration, or a release
of any Owner from the obligation to pay the assessments, or any installment
thereof for that or any subsequent year, but the assessment fixed for the preceding
year shall continue until a new assessment is fixed.
5.09 Non-Payment of Assessment.
(a) Delinquency. Any Assessment, or installment thereof, which is not
paid in full when due shall be delinquent on the day following the due date
(herein, "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 from and after the delinquency date until paid at
a rate equal to the lesser of (i) eighteen percent (18%) per annum or (ii) the
maximum lawful rate. In addition to the foregoing, if any Assessment remains
unpaid at the expiration of fifteen (15) days after the due date established by the
Board, a late charge in the amount of $15.00 shall be assessed against the non-
paying Owner for each month that any portion of any Assessment remains unpaid.
A service charge in the amount of $25.00 shall be charged for each check that is
returned because of insufficient funds. The amounts of late charges and services
charges may be adjusted, from time to time, by the Board consistent with any
changes in the amounts of regular or special Assessments.
(b) Lien. The unpaid amount of any Assessment not paid by the
delinquency date is and shall be, together with the interest thereon as provided in
Section 5.09(a) hereof and the cost of collection thereof, including reasonable
attorneys' fees, a continuing debt, secured by, and there is hereby impressed upon
and created against each Lot, a lien and charge on the Lot of the non-paying
Owner, which shall bind such Lot in the hands of the Owner, and his heirs,
executors, administrators, devisees, personal representatives, successors and
assigns. The lien shall be superior to all other liens and charges against the Lot,
except only for tax liens and the lien of any bona fide first mortgage or first deed
of trust now or hereafter placed upon such Lot. A subsequent sale or assignment
of the Lot shall not relieve the Owner from liability for any Assessment made
prior to the date of sale or assignment and thereafter becoming due nor from the
lien of any such Assessment. The Board shall have the power to subordinate the
lien securing the payment of any Assessment rendered by the Association to any
other lien. Such power shall be entirely discretionary with the Board. As
hereinbefore stated, the personal obligation of the Owner incurred at the time of
such Assessment to pay such Assessment shall remain the personal obligation of
= 13 - E:\FILESXJORDAN530\CASTELLA.CCR
such Owner and shall not pass to such Owner's successors in title unless
expressly assumed by them in writing. Liens for unpaid Assessments shall not
be affected by any sale or assignment of a Lot and shall continue in full force and
effect. No Owner may exempt himself from liability for such Assessments or
waive or otherwise escape liability for the Assessments by non-use of the
Common Properties or abandonment of his Lot.
To evidence any 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
Lot covered by such lien and a description of the Lot covered by such lien. Such
notice shall be executed by one of the officers 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 Lot belonging to such non-paying Owner upon recordation of this
Declaration with the priority set forth in this Section. Subsequent to the
recording of a notice of the lien, 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. 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 Owners personally obligated to pay the Assessment there shall be added
to the amount of any such Assessment:
(i) the interest provided in this Section,
(ii) the costs of preparing and filing the complaint in
such action,
(iii) the reasonable attorneys' fees incurred in connection
with such action, and
(iv) any other costs of collection;
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 Owner, by acceptance of a deed to a Lot, hereby expressly vests in
the Association or its agents or trustees the right and power to bring all actions
against such Owner personally for the collection of such charges as a debt, and
to enforce the aforesaid liens by all methods available for the enforcement of such
liens, including non-judicial foreclosure pursuant to Section 51.002 of the Texas
Property Code, and such Owner hereby expressly grants to the Association the
private power of sale in connection with said liens. The Association may also
suspend the Association membership and voting rights of any Owner who is in
default in payment of any Assessment in accordance with this Declaration and/or
the Bylaws until paid in full.
14 - E: \FILESLIORDAN\30\CASTELLA .CCR
(d) Notice to Mortgagees. The Association may, and upon the written
request of any mortgagee holding a prior lien on any part of the Properties, shall
report to said mortgagee any Assessments remaining unpaid for longer than thirty
(30) days after the delinquency date of such Assessment.
5.10 Subordination of the Lien to Mortgages. The lien securing the payment of the
Assessments shall be subordinate and inferior to the lien of any bona fide first lien mortgage or
deed of trust now or hereafter recorded against .any Lot; provided, however, that such
subordination shall apply only to the Assessments which have become due and payable prior to
a sale, whether public or private, of such property pursuant to the terms and conditions of any
such mortgage or deed of trust. Such sale shall not relieve the new Owner of such Lot from
liability for the amount of any Assessment thereafter becoming due nor from the lien securing
the payment of any subsequent assessment.
5.11 Exempt Property.
The following property subject to this Declaration shall be exempted from
the assessments, charges and liens created in Section 5.04 and Section 5.05(a)
hereof:
(a) All properties dedicated and accepted by the local
public authority and devoted to public use.
(b) All Common Properties.
5.12 Estoppel Information from Board with Respect to Assessments. The Board
shall upon demand at any time furnish to any Owner liable for an Assessment, a certificate
signed by an officer or agent 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 of Directors of the
Association or its agent for the issuance of such certificates.
ARTICLE VI
GENERAL POWERS AND DUTIE~
OF BOARD OF DIRECTORS OF THE ASSOCIATION
6.01 Powers and Duties. The affairs of the Association shall be conducted by its
Board of Directors. From and after the effective date of the Association's incorporation,
Declarant shall select and appoint the Board of Directors, each of whom shall be a Class A or
Class B Member, or an officer, employee, representative or agent of a Class A or Class B
Member. Thereafter, the Board of Directors shall be selected in accordance with the Articles
of Incorporation and Bylaws of the Association. The Board, for the benefit of the Properties,
the Common Properties and the Owners, shall provide and pay for, out of the funds(s) collected
by the Association pursuant to Article V above, the following:
(a) Care and preservation of the Common Properties and the furnishing
and upkeep of any desired personal property for use in the Common Properties.
Expenditures for the repair or installation of capital improvements, not included
in the annual maintenance budget, may be paid from the reserve fund as
specifically provided in Section 6.05 herein.
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(b) Care and maintenance of the fencing, irrigation, landscaping, lakes,
screening walls and entry features which may be constructed on and constitute a
part of the Common Properties. Maintenance includes all repair, rebuilding or
cleaning deemed necessary by the Board of Directors.
(c) Should the Board so elect, maintenance of exterior grounds, drives,
parkways, private streets and access areas, including care of trees, shrubs and
grass, the exact scope of which shall be further specified by the Board from time
to time. In particular, the Board shall be empowered to contract with persons or
entities who shall be responsible for the maintenance of landscaping, trees,
shrubs, grass and like improvements which are located on the Common Properties
and/or the Lots, except for landscaping and other like improvements which are
located within rear yards or side yards enclosed by solid fence, which shall be
maintained by the individual Lot Owner. Maintenance services contracted for by
the Board in accordance with this paragraph shall be paid for out of Association
funds.
(d) The services of a person or firm to manage and/or provide
consultation to the Association or any separate portion thereof, to the extent
deemed advisable by the Board, 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.
(e) Legal and accounting services.
(f) A policy or policies of insurance ensuring the Association, its
officers and directors against any liability to the public or to the Owners (and/or
their invitees or tenants) incident to the operation of the Association, including,
without limitation, officers' and directors' liability insurance.
(g) Workers' compensation insurance to the extent necessary to comply
with any applicable laws.
(h) Such fidelity bonds as may be required by the Bylaws or as the
Board may determine to be advisable.
(i) Any other materials, supplies, insurance or property owned by the
Association, furniture, labor, services, maintenance, repairs, alterations, taxes or
assessments 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 operation or protection of the Association or for the enforcement
of this Declaration.
(j) To execute all declarations of ownership for tax assessment
purposes and to pay all taxes with regard to the Common Properties.
(k) To enter into agreements or contracts with insurance companies,
taxing authorities and the holders of mortgage liens on one or more Lots with
1 6 - E:\FILES~JORDAN\30\CASTELLA.CCR
respect to: (i) taxes on the Common Properties and (ii) insurance coverage of the
Common Properties, as they relate to the assessment, collection and disbursement
process envisioned in this Declaration.
(1) To borrow funds to pay costs of operation, secured by assignment
or pledge of rights against delinquent Owners, if the Board sees fit.
(m) To enter into contracts, maintain one or more bank accounts, and
generally, to have all the powers necessary or incidental to the operation and
management of the Association and the Common Properties, expressly including
the power to enter into management and maintenance contracts.
(n) If, as, and when the Board, in its sole discretion, deems necessary
it may take action to protect or defend the Common Properties from loss or
damage by suit or otherwise, to sue or defend in any court of law on behalf of
the Association and to provide adequate reserves for repairs and replacements.
(o) To make reasonable rules and regulations for the operation and use
of the Common Properties and to amend them from time to time, provided 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 applicable to less
than all of the Properties, by a majority of the Members in the portions affected.
(p) Subsequent to incorporation, to make available to each Owner,
within one hundred twenty (120) days after the end of each year, an unaudited
annual report.
(cO Pursuant to Article VII herein, 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
Members in proportionate amounts to cover the deficiency.
(r) If, as and when the Board, in its sole discretion, deems necessary,
it may take action to enforce the provisions of this Declaration, the provisions of
any Supplementary Declaration and any rules made hereunder and to enjoin
and/or seek damages from any Owner for violation of such provisions or rules.
6.02 Board Powers. From and after the date on which the title to the Common
Properties has been conveyed to the Association, the Board shall have the right to contract for
all goods, services and insurance, and the exclusive right and obligation to perform the functions
of the Board, except as otherwise provided herein.
6.03 Maintenance Contracts. The Board, on behalf of the Association, shall have full
power and authority to contract with any Owner or any third party for the performance by the
Association of services upon such terms and conditions and for such consideration as the Board
may deem proper, advisable and in the best interest of the Association.
6.04 Liability Limitations. No Member, officer of the Association or member of the
Board of Directors shall be personally liable for debts contracted for, or otherwise incurred by
the Association, or for a tort of another Member, whether such other Member was acting on
17 E:\FILES\JORDANX30XCASTELLA.CCR
behalf of the Association or otherwise. Neither Declarant, the Association, its directors,
officers, agents, or employees shall be liable for any incidental or consequential damages for
failure to inspect any premises, improvements or portion thereof or for failure to repair or
maintain the same.
The Common Properties may be subject to storm water overflow, natural bank erosion
and other natural or man-made events or occurrences to extents which cannot be defined or
controlled. Under no circumstances shall Declarant ever be held liable for any damages or
injuries of any kind or character or nature whatsoever resulting from: (i) the occurrence of any
natural phenomena; (ii) the failure or defect of any structure or structures situated on or within
the Common Properties; and (iii) any act, conduct, omission or behavior of any individual,
group of individuals, entity or enterprise occurring on, within or related to the Common
Properties.
6.05 Reserve Funds. The Board may establish capital reserve funds, for such purposes
as may be determined by the Board, including, but not limited to the maintenance, repair and/or
replacement of capital assets, which funds may be maintained and accounted for separately from
other funds maintained for annual operating expenses and may establish separate, irrevocable
trust accounts in order to better demonstrate that the amounts deposited therein are capital
contributions and are not net income to the Association. Expenditures from any such fund will
be made at the direction of the Board. The reserve fund provided for herein shall be used for
the general purposes of promoting the recreation, health, safety, welfare, common benefit, and
enjoyment of the Owners and occupants of the subdivision, and maintaining the subdivision and
improvements therein, all as may be more specifically authorized from time to time by the Board
of Directors. Capital expenditures from this fund may include by way of example, but not be
limited to, lake and drainage channel improvements or other repair of major damage to the
Common Properties not covered by insurance.
6.06 Rights of City of Coppell. In the event the Declarant, the Association or the
Board of Directors of the Association fail or refuse to maintain the Common Properties in
accordance with specifications established by the City of Coppell (the "City") within ninety (90)
days after the Association receives written request from the City to do so, the City, by and
through a majority of its City Council members, shall have the same right, power and authority
as is herein given to the Association and its Board of Directors to enforce these Covenants and
Restrictions and levy assessments necessary to maintain the Common Properties. It is
understood that in such event, the City, through its City Council, may elect to exercise the rights
and powers of the Association or its Board of Directors to the extent necessary to take any action
required and levy any assessment that the Association might have the authority to levy, either
in the name of the Association or otherwise, to cover the cost of maintaining the Common
Properties.
ARTICLE VII
INSURANCE; REPAIR AND RESTORATION
7.01 Right to Purchase Insurance. The Association shall have the right and option
to purchase, carry and maintain in force insurance covering any or all portions of the Common
Properties, the improvements thereon and appurtenant thereto, for the interest of the Association
and of all Members thereof, in such amounts and with such endorsements and coverage as shall
be considered good sound insurance coverage for properties similar in construction, location and
use to the subject property. Such insurance may include, but need not be limited to:
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(a) Insurance against loss or damage by fire and hazards covered by
a standard extended coverage endorsement in an amount which shall be equal to
the maximum insurable replacement value, excluding foundation and excavation
costs as determined annually by the insurance carder.
(b) Public liability and property damage insurance on a broad form
basis.
(c) Fidelity bond for all directors, officers and employees of the
Association having control over the receipt or the disbursement of funds in such
penal sums as shall be determined by the Association in accordance with its
Bylaws.
(d) Officers and directors liability insurance.
7.02 Insurance Proceeds. Proceeds of insurance shall be disbursed by the insurance
carder 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 the Common Properties.
7.03 Insufficient Proceeds. If the insurance proceeds are insufficient to repair or
replace any loss or damage, the Association may levy a special assessment as provided for in
Article V 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 such Owner's undivided responsibility, pay any excess costs of repair or replacement.
7.04 Mortgagee Protection. There may be attached to ail 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 may be paid to the
Association to hold for the payment of costs of repair or replacement, subject to the provisions
of Section 7.02 hereof. The Association shall be responsible to hold said monies or to collect
additional monies if the proceeds are insufficient to pay for the cost of ail repairs or
replacements and shall ensure that all mechanics', materiaimen's and similar liens which may
result from said repairs or replacements are satisfied.
7.05 Destruction of Improvements on Individual Lots. In the event of destruction
(total or partiai) to the improvements on any individuai Lot due to fire or any other cause each
Owner covenants and agrees to clear and remove any and all debris resulting from such damage
within two (2) months after the date that the damage occurs and to complete all necessary repairs
or reconstruction of the damaged improvements within one (1) year after the date that the
damage occurs.
ARTICLE VIII
USE OF COMMON PROPERTIES
The Common Properties may be occupied and used as follows:
19 - E: \ FILES~JORDAN~30\CASTELLA .CCR
8.01 Restricted Actions by Owners. No Owner shall permit anything to be done on
or in the Common Properties 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. No waste shall be committed in or on the Common Properties.
8.02 Damage to the Common Properties. Each Owner shall be liable to the
Association for any damage to the Common Properties caused by the negligence or willful
misconduct of the Owner or such Owner's family, guests, pets, tenants or invitees.
8.03 Rules of the Board. All Owners and occupants shall abide by any rules and
regulations adopted by the Board. 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 attorney's fees, incurred by the
Association in connection therewith.
ARTICLE IX
USE OF PROPERTIES AND LOTS; PROTECTIVE COVENANTS
The Properties and each Lot situated thereon shall be constructed, developed,
reconstructed, repaired, occupied and used as follows:
9.01 Custom Homes. Only custom designated single family residential dwellings that
are compatible with existing homes will be constructed on the Lots.
9.02 Residential Purposes. Each Lot (including land and improvements) shall be used
and occupied for single family residential purposes only. No Owner or other occupant shall use
or occupy such Owner's Lot, or permit the same or any part thereof to be used or occupied, for
any purpose other than as a private single family detached residence for the Owner or such
Owner's tenant and their families and domestic servants employed on the premises. As used
herein the term "single family residential purposes" shall be deemed to prohibit specifically, but
without limitation, the use of any Lot for a duplex apartment, garage apartment, or other
apartment use.
9.03 Lot Area. No Lot shall be resubdivided; provided, however, that Declarant shall
have and reserves the right, at any time, or from time to time, upon the joinder and consent of
the appropriate county and/or municipal authorities, and with the joinder and consent of the
directly affected Owners, to file a replat of the Plat to effect a resubdivision or reconfiguration
of any Lots then owned by Declarant, so long as, such replat results in each resubdivided Lot
containing not less than the minimum lot size prescribed by the zoning ordinances of the City
of Coppell, Texas. Owners shall not unreasonably withhold or delay their joinder in or consent
to the replat or amendments to the Plat. The privilege to replat Lots owned by the Declarant
reserved in this Section 9.03 shall be exercisable only by Declarant.
9.04 Minimum Floor Space. All floor areas referenced below are for air-conditioned
floor areas, exclusive of porches, garages, or breezeways attached to the main dwelling. Each
dwelling constructed on any Lot in the subdivision shall contain at least two (2) stories and shall
contain a minimum of three thousand two hundred (3,200) square feet, of which not less than
two thousand (2,000) square feet shall be covered ground floor area.
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9.05 Combining Lots. Any person owning two or more adjoining Lots may
consolidate such Lots into a single building location for the purpose of constructing one (1)
residential structure thereon (the plans and specifications therefor being approved as set forth in
this Declaration) and such other improvements as are permitted herein; provided, however, any
such consolidation must comply with the rules, ordinances and regulations of any governmental
authority having jurisdiction over the Properties. In the event of any such consolidation, the
consolidated Lots shall be deemed to be a single Lot for purposes of applying the provisions of
this Declaration; provided, however, such Owner shall continue to pay assessments on such Lots
as if such Lots had not been consolidated and shall be entitled to one vote for each Lot
(determined prior to such consolidation) owned by such Owner. Any such consolidation shall
give consideration to easements as shown and provided for on the Plat and any required
abandonment or relocation of any such easements shall require the prior written approval of
Declarant as well as the prior written approval of any utility company having the right to the use
of such easements. Combining of portions of Lots into a single building site is prohibited.
9.06 Setback Requirements and Building Location. All front, side and rear setbacks
must be approved by the Architectural Control Committee, and must meet the requirements of
the City of Coppell and the requirements of the Plat. The location of the main residence on each
Lot and the facing of the main elevation with respect to the street shall be subject to the written
approval of the Architectural Control Committee. No building or structure of any type shall be
erected on any Lot nearer to the property lines indicated by the minimum building setback line
on the Plat.
9.07 Height. No building or structure on any Lot shall contain more than three (3)
stories or exceed, in height, the maximum height allowed by the City of Coppell, such height
to be measured and determined in accordance with the method approved by the City of Coppell.
9.08 Driveways. Each Lot must be accessible to the adjoining street by a driveway
or alley suitable for such purposes and approved in writing as to design, materials and location
by the Architectural Control Committee before the residential structure located on such Lot may
be occupied or used.
9.09 Parking. On-street parking is restricted to approved deliveries, pick-up or short-
time (not more than 48-hours) guests and invitees and shall be subject to such reasonable rules
and regulations as shall be adopted by the Board of Directors. Parking in driveways is
permitted; provided, however, no inoperable vehicles, no stored vehicles, or vehicles not utilized
on a dally basis shall be permitted to be parked or stored in driveways.
9.10 Access. No driveways or roadways may be constructed on any Lot to provide
access to any adjoining Lot except as expressly provided on the Plat, or otherwise approved in
writing by the Architectural Control Committee.
9.11 Drainage. Neither the Declarant nor its successors or assigns shall be liable for
any loss of, use of, or damage done to, any shrubbery, trees, flowers, improvements, fences,
walks, sidewalks, driveways, or buildings of any type or the contents thereof on any Lot caused
by any water levels, rising waters, or drainage waters. After the residence to be constructed on
a Lot has been substantially completed, the Lot will be graded so that surface water will
generally flow to streets, alleys, drainage easements, or Common Properties, and in conformity
with the general drainage plans for the subdivision.
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9.12 Utilities. Each residence situated on a Lot shall be connected to the water and
sewer lines as soon as practicable after same are available at the Lot line. No privy, cesspool,
or septic tank shall be placed or maintained upon or in any Lot. However, portable toilets will
be required during building construction. The installation and use of any propane, butane, LP
Gas or other gas tank, bottle or cylinder of any type (except portable gas grills), shall require
the prior written approval of the Architectural Control Committee, and, if so approved, the
Architectural Control Committee may require that such tank, bottle or cylinder be installed
underground. Any control boxes, valves, connections, utility risers or refilling or refueling
devices shall be completely landscaped with shrubbery so as to obscure their visibility from the
streets within or adjoining the Properties or from any other Lot.
9.13 Construction Requirements.
(a) The exterior surface of all residential dwellings shall be constructed
of glass, wood, brick, stone, stucco, or other materials approved by the
Architectural Control Committee. It is specifically required that the exterior wall
area of each residence located within the Properties shall not have less than eighty
percent (80%) brick, stone or stucco construction. The exterior portion of any
chimney shall be one hundred percent (100%) brick, stone or stucco construction.
The surface area of windows surrounded completely by brick may be included
within the computation of the exterior brick, stone or stucco wall area of a
residence. No previously used materials, other than fired antique brick, shall be
permitted on the exterior of the residential structures located within the
Properties, without the prior written approval of the Architectural Control
Committee.
The use of various roofing materials within the subdivision shall be permitted,
however, no roofing material shall be used without first obtaining the
Architectural Control Committee's written approval of same. The Architectural
Control Committee will only approve roofing materials which are of a quality
consistent with the external design, color and appearance of other improvements
within the subdivision. The roof pitch of any structure shall be 8"x 12"
minimum. Any deviation of roof pitch must be approved in writing by the
Architectural Control Committee. Exterior paint and stain colors shall be subject
to the written approval of the Architectural Control Committee.
(b) Construction of a new single family dwelling on any Lot shall
include the placement of a four (4) foot wide concrete sidewalk across the entire
frontage of such Lot. Such sidewalks shall be constructed in conformity with the
then existing ordinances, standards and codes promulgated by the City of Coppell.
(c) Each residential structure shall have installed on the outside wall
thereof a service riser conduit, the location and length of such conduit to be
subject to the written approval of the Architectural Control Committee; provided,
however, no such conduit shall be visible from public streets, Common Properties
or adjoining Lots.
(d) No above ground-level swimming pools shall be installed on any
Lot. This provision is not intended to prohibit inflatable pools, no greater than
twenty-four inches (24") in depth, typically used by toddlers.
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(e) All exterior construction of the primary residential structure,
garage, porches, and any other appurtenances or appendages of every kind and
character on any Lot and all interior construction (including, but not limited to,
all electrical outlets in place and functional, all plumbing fixtures installed and
operational, all cabinet work, all interior walls, ceilings, and doors shall be
completed and covered by paint, wallpaper, paneling, or the like, and all floors
covered by wood, carpet, tile or other similar floor covering) shall be completed
not later than one (1) year following the commencement of construction. For the
purposes hereof, the term "commencement of construction" shall be deemed to
mean the date on which the foundation forms are set.
(f) No projections of any type shall be placed or permitted to remain
above the roof of any residential building with the exception of one or more
chimneys and one or more vent stacks without the written permission of the
Architectural Control Committee.
9.14 Garages and Servants Quarters. Each residential dwelling erected on any Lot
shall provide garage space for a minimum of two (2) conventional automobiles. All garage
doors shall be equipped with an automatic and remote controlled door opener, and shall be
closed at all times when not in use. Detached garages, servants quarters, and storage rooms
must be approved in writing by the Architectural Control Committee. No carport shall be built,
placed, constructed or reconstructed on any Lot. As used herein, the term "carport" shall not
be deemed to include a porte cochere. No garage shall ever be changed, altered, reconstructed
or otherwise converted for any purpose inconsistent with the garaging of automobiles, unless a
new garage is constructed to meet the requirements of this Section. No garage shall face a
residential street or any of the Common Properties nor shall any front entry "swing" garages be
allowed without the prior written approval of the Architectural Control Committee. Porte
cocheres must be approved in writing by the Architectural Control Committee.
9.15 Landscaping and Sprinkler System. Any and all plans for the landscaping of
front yards and of side yards not enclosed by solid fencing, including alterations, changes or
additions thereto, shall be subject to the written approval of the Architectural Control
Committee. Each Lot on which a residential dwelling is constructed shall have and contain an
underground water sprinkler system for the purpose of providing sufficient water to all front
yards and all side yards not enclosed by solid fencing. Weather permitting, each Lot shall be
fully landscaped within one hundred twenty (120) days after the date the residence thereon is
occupied. Each Lot Owner shall be responsible for maintaining his own lawn and landscaping
in a healthy and attractive condition.
9.16 Fences. No fence, wall or hedge shall be erected, placed or altered on any Lot
without the prior written approval of the Architectural Control Committee and the design of and
materials used in the construction of fences shall be subject to the prior written approval of the
Architectural Control Committee. The Architectural Control Committee will strive to protect
and preserve lake and other natural views of the Owners. No fence, wall or hedge shall be
erected, placed or altered on any Lot nearer to any street than the minimum building setback line
indicated on the Plat, unless otherwise permitted by the Architectural Control Committee and
in accordance with the requirements of the City of Coppell. All wooden fences shall: (i) be
board on board of spruce or better wood materials (except structural components); (ii) have a
minimum height of six (6) feet and a maximum of eight (8) feet; (iii) have slats measuring
between four (4) and six (6) inches wide; (iv) have vertically installed slats; and (v) be stained
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with a clear or neutral stain or sealer, that does not conflict with the cosmetic surroundings. All
fences shall be restained as necessary but in no event less often than once every three (3) years.
No fence, wall or hedge shall exceed eight (8) feet in height unless otherwise specifically
approved by the Architectural Control Committee. No chain link fence or other wire type fence
shall be erected on any Lot except for temporary chain link fencing installed along the perimeter
of the subdivision for interim security. Chain link fencing on tennis courts will only be allowed
with the express written approval of the Architectural Control Committee. All service and
sanitation facilities, clothes lines, wood piles, tool sheds and air conditioning equipment must
be enclosed within fences, walls and/or landscaping so as not to be visible from the adjoining
Lots and residential streets. Upon submission of a written request, the Architectural Control
Committee may, from time to time, at its sole discretion, permit'Owners to construct fences or
walls which are in variance with the provisions of this paragraph where, in the opinion of the
Architectural Control Committee, the fence or wall is an integral part of the home.
9.17 Trash Receptacles and Collection. Each Lot Owner shall make or cause to be
made appropriate arrangements with the City of Coppell, Texas, for collection and removal of
garbage and trash on a regular basis. If the Owner fails to make such provisions, the
Association may do so and assess the costs thereof to the Owner. Each and every 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 Lots shall at all times be kept in a well maintained, healthful, sanitary and attractive
condition. No Lot shall be used or maintained as a dumping ground for garbage, rubbish,
debris, 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, or other containers approved by the City of Coppell, Texas, and which shall
be maintained in a clean and sanitary condition. An Owner may place trash on the street curb
abutting his Lot only on those days designated by the City of Coppell, Texas, as trash collection
days; provided, however, such trash must be kept neatly contained in a sanitary, tightly-sealed
metal, plastic or other container. No Lot shall be used for open storage of any materials
whatsoever, except that new building materials used in the construction of improvements erected
on any Lot may be placed upon such Lot 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 the materials shall either
be removed from the Lot or stored in a suitable enclosure on the Lot. No garbage, trash,
debris, or other waste matter of any kind shall be burned on any Lot.
9.18 Exterior Lighting. No exterior light, including landscape lighting, shall be
installed or maintained on any Lot without the prior written approval of the Architectural
Control Committee. Further, and notwithstanding such prior written approval, upon being given
notice by the Architectural Control Committee that any exterior light is objectionable, the Owner
of the Lot on which same is located will immediately remove said light or shield the same in
such a way that it is no longer objectionable.
9.19 Window Coolers. No window or wall type air-conditioners or water coolers shall
be permitted to be used, erected, placed or maintained on or in any residential building on any
part of the Properties.
9.20 Antennas Restrictions, Satellite Dishes and Playground Structures. No radio
or television aerial wires or antennas shall be maintained on the outside of any building nor shall
any free standing antennas of any style be permitted. All radio or television aerial wires or
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antennas must be built within the main structure and must not be visible from outside of such
structure. The location of all satellite dishes shall be subject to the prior written approval of the
Architectural Control Committee. No satellite dish or playground structure shall be visible from
public streets, Common Properties or adjoining Lots.
9.21 Temporary Structures and Vehicles. No temporary structure of any kind shall
be erected or placed upon any Lot. No trailer, mobile, modular or prefabricated home, tent,
shack, or barn shall be placed on any Lot, either temporarily or permanently, and no residence,
house, garage, shed or other structure appurtenant thereto shall be moved upon any Lot from
another location, except for a sale, pre-sale or construction trailer; provided, however, that
Declarant reserves the exclusive fight to erect, place and maintain, and to permit builders to
erect, place and maintain such facilities in and upon the Property as in its sole discretion may
be necessary or convenient during the pefiod of and in connection with the sale of Lots,
construction and selling of residences and constructing other improvements on the Properties.
Such facilities may include, but not necessarily be limited to, a temporary office building,
storage area, signs, portable toilet facilities and sales office. Declarant and builders shall also
have the temporary right to use a residence situated on a Lot as a temporary office or model
home during the period of and in connection with the construction and sales operations on the
Properties, but in no event shall a builder have such fight for a period in excess of one (1) year
after the date of substantial completion of his last residence on the Properties. Any truck, bus,
boat, boat trailer, trailer, mobile home, campmobile, camper, recreational vehicle, or any
vehicle other than conventional automobile shall, if brought within the Properties, be stored,
placed or parked within the garage of the appropriate Owner or concealed from view from
adjoining Lots, Common Properties, or public streets, unless approved in writing by the
Architectural Control Committee.
9.22 Signs. No signs, flags or flag poles shall be displayed to the public view on any
Lot without the prior written approval of the Architectural Control Committee, with the
following exceptions: (i) Declarant may erect and maintain a sign or signs for the construction,
development, operation, promotion and sale of the Lots; (ii) the patriotic display of flags not
exceeding 4' x 6' in size shall be permitted on customary holidays; and (iii) signs of customary
dimensions (3' x 4' maximum) advertising said property or portions thereof for sale.
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 Properties.
9.23 Removal of Dirt. The digging of dirt or the removal of any dirt from any Lot
is prohibited, except as necessary in conjunction with landscaping or construction of
improvements thereon. Minimum finished floor elevations, if any, established on the Plat shall
be maintained.
9.24 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 Lot, nor shall oil wells, water wells, tanks, tunnels, mineral excavations or shafts be
permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil,
natural gas or water shall be erected, maintained or permitted upon any Lot.
9.25 Offensive Activities. No noxious or offensive activity shall be conducted on any
Lot nor shall anything be done thereon which is or may become an annoyance or nuisance to
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the other Owners. No animals, livestock or poultry of any kind shall be raised, bred or kept
on any residential Lot, except that dogs, cats or other household pets [not to exceed three (3)
adult animals] may be kept, provided that they are not kept, bred or maintained for commercial
purposes.
9.26 Swimming and Fishing. No wading, swimming, boating or fishing shall be
allowed in any lake, waterway or drainage way situated within the Common Properties.
9.27 Duty of Maintenance.
(a) Owners and occupants (including lessees) of any Lot shall, jointly
and severally, have the duty and responsibility, at their sole cost and expense, to
keep the Lot so owned or occupied, including buildings, improvements, grounds
or drainage easements or other rights-of-way incident thereto, and vacant land,
in a well-maintained, safe, clean and attractive condition at all times. Such
maintenance includes, but is not limited to, the following:
(i) Prompt removal of ail litter, trash, refuse and waste;
(ii) Lawn mowing and edging of all curbs and edgeways
on a regular basis;
(iii) Tree and shrub pruning;
(iv) Watering landscaped areas in a regular manner so
as to maintain harmony with the overall standards of the
subdivision;
(v) Keeping exterior lighting and maintenance facilities
in working order;
(vi) Keeping lawn and garden areas alive, free of weeds,
and attractive;
(vii) Keeping parking areas, driveways and curbs in good
repair;
(viii) Complying with all government health and police
requirements;
(ix) Repair of exterior damages to improvements;
(x) Cleaning of landscaped areas lying between street
curbs and Lot lines, unless such streets or landscaped areas are
expressly designated to be Common Properties maintained by
applicable governmental authorities or the Association; and
(xi) Repainting of improvements.
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(b) If, in the opinion of the Association, any such Owner or occupant
has failed in any of the foregoing duties or responsibilities, then the Association
may give such person written notice of such failure and such person must within
ten (10) days after receiving such notice, perform the repairs and maintenance or
make arrangements with the Association for making the repairs and maintenance
required. Should any such person fail to fulfill this duty and responsibility within
such period, then the Association, through its authorized agent or agents, shall
have the right and power to enter onto the premises and perform such repair and
maintenance without any liability for damages for wrongful entry, trespass or
otherwise to any person.
(c) Notwithstanding the provisions of Section 9.27(b) above, if, at any
time, an Owner shall fail to control weeds, grass and/or other unsightly growth,
the Association shall have the authority and right to go onto the Lot of such
Owner for the purpose of mowing and cleaning said Lot and shall have the
authority and right to assess and collect from the Owner of said Lot a sum up to
twice the cost of the Association for mowing or cleaning said LOt on each
respective occasion of such mowing or cleaning. If, at any time, weeds or other
unsightly growth on the Lot exceed six inches (6") in height, the Association shall
have the right and authority to mow and clean the Lot, as aforesaid.
(d) The Owners and occupants (including lessees) of any Lot on which
work is performed pursuant to Sections 9.27(b) and Lq) above shall, jointly and
severally, be liable for the cost of such work [such costs constituting a special
individual assessment as specified in Section 5.05(b) hereof] and shall promptly
reimburse the Association for such cost. If such Owner or occupant shall fail to
reimburse the Association within thirty (30) days after receipt of a statement for
such work from the Association, then said indebtedness shall be a debt of all said
persons, jointly and severally, and shall constitute a lien against the LOt on which
said work was performed. Such lien shall have the same attributes as the lien for
assessments and special assessments set forth in this Declaration, and the
Association shall have the identical powers and rights in all respects, including
but not limited to the right of foreclosure.
9.28 Maintenance of Common Properties. The Common Properties (including
landscaping comprising portions of the Common Properties) are described, in part, on
Exhibit "B" attached hereto. All landscaping and improvements placed or erected on the
Common Properties by Declarant shall be owned and maintained by the Association.
9.29 Retaining Walls. Retaining walls visible from the streets or any portion of the
Common Properties, including but not limited to those facing the lake, shall be restricted to
structurally engineered and designed walls made from natural stone or split faced concrete
masonry units matching the retaining walls in the Common Properties. It shall be the intent of
Declarant, the Association and the Architectural Control Committee to promote visual continuity
in and around the Common Properties. The responsibility for constructing and maintaining a
retaining wall shall be borne by the Owner of the "high" side Lot, unless the Owner of the
"low" side Lot elects to construct a residence on his Lot prior to the construction of a residence
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on the "high" side Lot and a retaining wail is required by the Architecturai Control Committee
or the City of Coppell in connection with the construction of the residence on the "low" side
Lot.
9.30 Mailboxes. All mailboxes shail be constructed of stone, rock or brick identicai
to that of the residence and must be consistent in size and shape with existing mailboxes.
9.31 Basketball Goals/Hoops. With the prior written consent of the Architectural
Control Committee, basketball goals, hoops, backboards and nets shall be permitted; provided,
however, in no event shail such structure be ailowed in the area between the front of the
dwelling and the street adjacent thereto.
ARTICLE X
ARCHITECTURAL CONTROL COMMITTEE
10.01 Architectural Control Committee. And as long as Declarant holds title to any
of the Lots, the Architecturai Control Committee, hereinafter cailed the "Committee", shall be
composed of three (3) or more individuals selected and appointed by the Declarant. At such
time as Declarant no longer owns any Lots, the Committee shall be composed of such
individuais selected by a vote of the Board of Directors of the Association. The Committee shail
use its best efforts to promote and ensure a high level of quality, harmony and conformity
throughout the Properties. The Committee shail function as the representative of the Owners
for the purposes herein set forth as well as for ail other purposes consistent with the creation and
preservation of a first-class residentiai development.
A majority of the Committee may designate a representative to act for it. In the event
of the death or resignation of any member of the Committee, the remaining members shall have
full authority to designate and appoint a successor. Other than as set forth in Section 10.02
hereof, no member of the Committee shall be entitled to any compensation for services
performed hereunder nor be liable for claims, causes of action or damages (except where
occasioned by gross negligence or arbitrary and capricious conduct) arising out of services
performed, actions take, or inactions in connection with any undertaking, responsibility, or
activity hereunder or request for action hereunder. At any time, the Declarant may delegate and
assign to the Board of Directors, all of the Declarant's power and right to change the
membership of the Committee, to withdraw or add powers and duties from or to the Committee,
or to restore the powers and duties of the Committee. Such action by the Declarant shail be
effective upon recordation of a written instrument properly reflecting same in the Office of the
County Clerk of Dallas County, Texas.
10.02 Architectural Approval. No building, structure, shed, fence, wall, or
improvement of any kind or nature shall be erected, constructed, placed, altered, changed or
modified on any Lot until the plot plan showing the location of such building, structure, paving
or improvement, construction plans and specifications thereof and landscaping and grading plans
therefor have been submitted to and approved in writing by the Committee or a representative
or agent designated by the Committee to act on behalf of the Committee as to: (i) location with
respect to Lot lines; topography; finished grades elevation; height and dimensions of
improvements; intended use of the proposed improvements; impact and relationship to
neighboring Lots and improvements situated or to be situated thereon; effect of location and use
on neighboring Lots and improvements situated thereon; and any drainage arrangement,
(ii) conformity and harmony of external design, color, texture, type and appearance of exterior
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surfaces and landscaping with existing structures and existing landscaping, (iii)quality of
workmanship and materials; adequacy of site dimensions; adequacy of structural design; proper
facing of main elevation with respect to nearby streets; and (iv) the other standards set forth
within this Declaration (and any amendments hereto) or as may be set forth in bulletins
promulgated by the Committee. In connection with the submission of such plot plan,
construction plans and specifications, and landscaping and grading plans, the Committee may
require that the submitting party pay a fee of up to $250.00 per submission, which fee shall be
payable to the Committee or, if the Committee elects, to a representative designated by the
Committee to review such plans and specifications. The Committee is authorized to request the
submission of samples of proposed construction materials or colors of proposed exterior
surfaces.
Final plans and specifications shall be submitted in duplicate to the Committee for
approval or disapproval. At such time as the plans and specifications meet the approval of the
Committee, one complete set of plans and specifications will be retained by the Committee and
the other complete set of plans will be marked "Approved" and returned to the Owner. If found
not to be in compliance with these Covenants and Restrictions, one set of such plans and
specifications shall be returned marked "Disapproved", accompanied by a reasonable statement
of items found not to comply with these Covenants and Restrictions. Any modification or
change to the approved set of plans and specifications which affects items (i) through (iv) of the
preceding paragraph must again be submitted to the Committee for its inspection and approval.
The Committee's approval or disapproval as required herein shall be in writing. If the
Committee or its designated representative fails to approve or disapprove such plans and
specifications within thirty (30) days after they have been submitted, then Committee approval
shall be presumed; provided, however, that nothing in this paragraph shall affect in any way the
method for seeking or granting variances, as described in Section 10.03 hereof, nor shall any
failure of the Committee to act on a variance request within any particular period of time
constitute the granting or approval of any such variance request.
The Committee is authorized and empowered to consider and review any and all aspects
of dwelling construction, construction of other improvements and location, quality and quantity
of landscaping on the Lots, and may disapprove aspects thereof which may, in the reasonable
opinion of the Committee, adversely affect the living enjoyment of one or more Owner(s) or the
general value of the Properties. As an example, and not by way of limitation, the Committee
may impose limits upon the location of window areas of one residential dwelling which would
overlook the enclosed patio area of an adjacent residential dwelling. 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 may, from time to time, publish and promulgate architectural
standards bulletins and/or design guidelines which shall be fair, reasonable and uniformly
applied and shall carry forward the spirit and intention of this Declaration. Such bulletins
and guidelines shall supplement these Covenants and Restrictions and are incorporated
herein by reference. The Committee shall have the authority to make final decisions in
interpreting the general intent, effect and purpose of these Covenants and Restrictions.
PRIOR TO ACQUIRING ANY LOT OR CONSTRUCTING ANY STRUCTURE ON
A LOT, EACH PROSPECTIVE PURCHASER, TRANSFEREE, MORTGAGEE, AND/OR
OWNER IS STRONGLY ENCOURAGED TO CONTACT THE ARCHITECTURAL
29 E:\FILES~JORDAN~30x, CASTELLA.CCR
CONTROL COMMITTEE TO OBTAIN AND REVIEW THE MOST RECENT
ARCHITECTURAL STANDARDS BULLETINS AND DESIGN GUIDELINES WHICH WILL
CONTROL THE DEVELOPMENT, CONSTRUCTION, LANDSCAPE AND USE OF THE
LOT AND THE STRUCTURES TO BE CONSTRUCTED THEREON.
THE ARCHITECTURAL STANDARDS BULLETINS AND DESIGN GUIDELINES
MAY CONTAIN STANDARDS, REQUIREMENTS, OR LIMITATIONS IN ADDITION TO
THOSE EXPRESSLY SET FROTH OR REFERRED TO IN THIS DECLARATION AND
MORE STRINGENT STANDARDS, REQUIREMENTS, OR LIMITATIONS THAN THE
SPECIFIC STANDARDS, REQUIREMENTS OR LIMITATIONS SET FORTH OR
REFERRED TO IN THIS DECLARATION.
10.03 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 architectural standards, the Covenants and
Restrictions, or the previously published architectural bulletins which are provided in this
Declaration or which may be promulgated in the future. In any case, such variances shall be
in basic conformity with and shall blend effectively with the general architectural style and
design of the community. No member of the Committee shall be liable to any Owner or other
person claiming by, through, or on behalf of any Owner, for any claims, causes of action, or
damages arising out of the granting or denial of, or other action or failure to act upon, any
variance requested by an Owner or any person acting for or on behalf of any 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 and Restrictions, architectural standards or
published architectural bulletins provided hereunder against any other Owner. Each such written
request must identify and set forth in detail the specific restriction or standard from which a
variance is sought and describe in complete detail the exact nature of the variance sought. Any
grant of a variance by the Committee must be in writing and must identify in narrative detail
both the standards from which a variance is being sought and the specific variance being
granted.
10.04 Nonconforming and Unapproved Improvements. The Association 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 Declaration. In addition, the Association may, but has no obligation to do so, cause such
restoration, demolition and removal and levy the amount of the cost thereof as a special
individual assessment against the Lot upon which such improvements were commenced or
constructed.
10.05 No Liability. Neither Declarant, the Association, the Committee, the Board, nor
the officers, directors, members, employees and agents of any of them, shall be liable in
damages to anyone submitting plans and specifications to any of them for approval, or to any
Owner 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 agrees that
he will not bring any action or suit against Declarant, the Association, the Committee, the
Board, or the officers, directors, members, employees or agents of any of them, to recover any
such damages and hereby releases and quitclaims all claims, demands and causes of action aris-
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ing out of or in connection with any judgment, negligence or 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. Plans and specifications are not
approved for engineering or structural design or adequacy of materials, and by approving such
plans and specifications neither the Committee, the members of the Committee, the Declarant
nor the Association assumes liability or responsibility therefor, nor for any defect in any
structure constructed from such plans and specifications.
ARTICLE XI
EASEMENTS
11.01 Ingress and Egress by the Association. The Association shall, at all times, have
full rights of ingress and egress over and upon each Lot for the maintenance and repair of each
Lot and the Common Properties 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 LOt shall be made with as little inconvenience to the Owner
as practical, and any damage caused by the Association's entry, other than damages caused by
the Owner, shall be repaired by the Association at the expense of the Association.
11.02 General. The rights and duties of the Owners with respect to sanitary sewer,
water, electricity, natural gas, telephone and cable television lines and drainage facilities shall
be governed by the following:
(a) Wherever (i) sanitary sewer or water service connections, (ii)
natural gas, electricity, telephone or cable television lines, or (iii) drainage
facilities are installed within the Properties, which connections, lines or facilities
or any portion thereof lie in or upon Lots owned by any party other than the
Owner of a Lot served by said connections, lines or facilities, such Owners of
Lots served shall have the fight and are hereby granted an easement to the full
extent necessary therefore, to enter upon the Lots within or upon which said
connections, lines or facilities or any portion thereof lie to repair, replace and
generally maintain said connections, lines or facilities as and when the same may
be necessary.
(b) Wherever (i) sanitary sewer or water service connections, (ii)
natural gas, electricity, telephone or cable television lines, or (iii) drainage
facilities are installed within the Properties, which connections, lines or facilities
serve more than one Lot, the Owner of each Lot served by said connections, lines
or facilities shall be entitled to the full use and enjoyment of such portions of said
connections, lines or facilities which service such Owner's Lot.
11.03 Reservation of Easements. Easements over the Lots and Common Properties
for the installation and maintenance of electric, telephone, cable television, water, gas and
sanitary sewer lines and drainage facilities are hereby reserved by the Association, together with
the right to grant and transfer same.
11.04 Surface Areas of Utility Easements. Easements for installation and maintenance
of utilities are reserved as shown and provided for on the Plat. Underground electric, storm
sewer, sanitary sewer, water, natural gas and telephone service shall be available to all Lots in
the subdivision. Easements for the underground service may be crossed by driveways,
3 l E: \FILESk/ORDAN~30\CASTELLA .CCR
walkways, patios, brick walls and fences, provided the Declarant or builder makes prior
arrangements with the utility companies furnishing electric, storm sewer, sanitary sewer, water,
natural gas and telephone service and provides and installs any necessary conduit of approved
type and size under such driveways, walkways, patios, brick walls or fences prior to
construction thereof. Such easements for the underground service shall be kept clear of all other
improvements, and neither the grantee nor any utility company using the easements shall be
liable for any damage done by either of them or their assigns, their agents, employees or
servants, to shrubbery, trees, flowers or other improvements (other than for damages caused in
crossing driveways, walkways, patios, brick walls or fences, providing conduit has been installed
as outlined above) of the Owner located on the Lot covered by said easements. In addition, the
utility easements shall not be used as alleyways.
11.05 Emergency and Service Vehicles. An easement is hereby granted to all police,
fire protection, ambulance and other emergency vehicles and other service vehicles to enter upon
the Common Properties, including but not limited to private streets, in the performance of their
duties; and further, an easement is hereby granted to the Association, its officers, directors,
agents, employees and management personnel to enter the Common Properties to render any
service.
11.06 Universal Easement. The Owner of each Lot (including Declarant so long as
Declarant is the Owner of any Lot) is hereby granted an easement not to exceed one (1) foot in
width over all adjoining Lots and Common Properties for the purpose of accommodating any
encroachment due to engineering errors, errors in original construction, settlement or shifting
of the building, or any other cause. There shall be easements for the maintenance of said
encroachment, setting or shifting; provided, however, that in no event shall an easement for
encroachment be created in favor of an Owner or Owners if said encroachment occurred due to
willful misconduct of said Owner or Owners. In addition, the Owner of each Lot is hereby
granted an easement for minor encroachments [not to exceed three (3) feet in width] by
overhanging roofs and eaves as originally constructed over each adjoining Lot and/or the
Common Properties and for the maintenance thereof. Each of the easements hereinabove
referred to shall be deemed to be established upon the recordation of this Declaration and shall
be appurtenant to the Lot being serviced and shall pass with each conveyance of said Lot.
11.07 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 Properties, such easement to extend
ten (10) feet in width along and around the entire length of any lakes and drainage ways situated
on the Common Properties. Such easements are reserved for the exclusive benefit of Declarant,
the Association and their respective successors and assigns, for the maintenance of the lakes,
drainage ways, or the edges of such lakes and/or drainage ways situated within the Common
Properties.
11.08 Wall and Landscape Easement. An easement of varying width has been
established on the Plat for the maintenance and repair of the perimeter screening wall and the
associated landscape and irrigation. Owners shall not alter, paint or otherwise use such walls
even though such walls and easements may be located on or adjacent to such Owner's Lot. It
is the responsibility of each Owner to maintain that portion of the landscaping within this
easement which is enclosed by the wall on their respective Lot, however, the Association retains
the right to enter upon the Properties and perform such maintenance as necessary.
32 E: \ FILES'JORDANX30\CASTELLA.CCR
11.09 Drainage Easement. Easements over the Lots and the Common Properties for
the drainage and flow of surface water, as shown on the grading and drainage plans for the
subdivision, are hereby reserved and retained for the benefit of the Association and/or its
successors and assigns. In addition, each Owner covenants to provide easements for drainage
and water flow as contours of land and the arrangements of improvements, approved by the
Architectural Control Committee, thereon required. Each Owner shall be responsible for
maintaining his Lot so that there is no interference with the drainage patterns established by the
grading and drainage plans, and, in the event any Owner shall interfere with the drainage
patterns established by the grading and drainage plans, the Association shall have the right to
enter such Lot to re-establish the proper drainage patterns.
11.10 Denton Creek Greenwalk Easement. Declarant intends to grant an easement
approximately twenty feet (20') in width along the rear portions of LOt 20X of the Subdivision
and an easement approximately five feet (5') in width adjacent to Deforest Road for use by the
public as a hike and bike trail. Upon the granting of such easements no pavement
enhancements, fixtures or structures shall be allowed within either of the hike and bike trail
easements.
ARTICLE XH
GENERAL PROVISIONS
12.01 Duration. The Covenants 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 any Owner, 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 these Covenants and
Restrictions shall be automatically extended for successive periods of ten (10) years unless an
instrument signed by the Members entitled to cast seventy percent (70%) of the votes of the
Association, in the aggregate, regardless of class, has been recorded in the Office of the County
Clerk of Dallas County, Texas, agreeing to abolish or terminate these Covenants and
Restrictions; 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.
12.02 Amendments. Notwithstanding the terms and provisions of Section 12.01 hereof,
this Declaration may be amended, modified and/or changed as follows:
(a) during the time Declarant is the Owner of any Lot, the Declarant
may amend or change this Declaration with the consent of at least fifty-one
percent (51%) of the outstanding votes of the Association, regardless of class;
(b) in all other situations, this Declaration may be amended or changed
either upon the express written consent of Members entitled to cast at least
seventy percent (70%) of outstanding votes of the Association who are in
attendance at a meeting called and held in accordance with Section 3.03 hereof,
regardless of class, or at least seventy percent (70%) of the outstanding votes of
the Association, regardless of class, whether or not a meeting is called.
Any and all amendments to this Declaration, shall be recorded in the Office of the County Clerk
of Dallas County, Texas. Notwithstanding the prior provisions of this Section 12.02, (a) the
Declarant may execute and record amendments to this Declaration without such consent or
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approval if the amendment is for the purpose of correcting technical or typographical errors or
for clarification only, and (b) as long as the Declarant is the Owner of any Lot, no amendment
to this Declaration shall be effective without the prior written consent of the Declarant.
12.03 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 Restrictions;
and failure by the Association or any Owner to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to do so thereafter.
12.04 Severability. Invalidation of any one of these Covenants and Restrictions by
judgment or court order shall in no wise affect any other provision of this Declaration or the
remainder of these Covenants and Restrictions which shall remain in full force and effect.
12.05 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.
12.06 Notices to Member/Owner. Any notice required to be given to any Member or
Owner 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 a Member or Owner on the records of the Association at the time
of such mailing.
12.07 Notices to Mortgagees. If a holder of a mortgage on a Lot shall notify the
Association of its address and the identity of the Lot and Owner covered by and granting such
mortgage, then such holder(s) shall be entitled to receive, written notification from the
Association of any default by the respective Owner in the performance of such Owner's
obligations as established by this Declaration.
12.08 Disputes. Matters of dispute or disagreement between Owners with respect to
interpretation or application of the provisions of this Declaration or the Bylaws of the
Association shall be determined by the Board of Directors, whose determination shall be final
and binding upon all Owners.
12.09 Termination of and Responsibility of Declarant. If Declarant shall convey all
of its right, title and interest in and to the Properties and assign all its rights, benefits and
obligations as Declarant hereunder 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.
IN. WITNESS WHEREOF, the Declarant has caused this instrument to be executed as
ofthe!&hday of IM~ ,-'t'99~. ~OD
CASTELLAN DEVELOPMI~NT, L.P.,
a Texas limited partn~7 t~
Kelly Jordq/f, 1)/lanager
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STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared KELLY JORDAN, the Manager of CASTELLAN
DEVELOPMENT, L.P., a Texas limited partnership, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expressed, in the capacity therein stated and as the
act and deed of such company.
GJ~ExN UNDER MY HAND AND SEAL OF OFFICE, this /~ 'TPPday of
II~('~r'-'~ ~ Commission Expires I
My Commission Expires:
'-~-- ~/--t/~ V (Printed or Wiped Name of Notary)
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EXHIBIT "A"
(Legal Description of Subdivision)
Tract I
Being Lot 3 of Nettie Long Addition, an Addition to the City of Coppell, Dallas County, Texas
according to the Map thereof recorded in Volume 12, Page 9 of the Map records of Denton
County, Texas and in Volume 96044, Page 233 of the Map Records of Dallas County, Texas.
Tract II
Being Lot 2 of the Nettie Long Addition, an Addition to the City of Coppell, Dallas County,
Texas according to the Map thereof recorded in Volume 96044, Page 233, of the Map Records of
Dallas.
Being additionally described by filed plat December 12, 2001, Dallas County, Volume 241, Page
00066, Lots 2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18.
C:LMSGOLF~MY DOCUMENTS\CASTELLANXCONTRACTS~DFCONTRACT.DAT.DOC
EXHIBIT "B"
(Legal Description of Common Properties)
Tract I
Being Lot 3 of Nettie Long Addition, an Addition to the City of Coppell, Dallas County,
Texas according to the Map thereof recorded in Volume 12, Page 9 of the Map records of
Denton County, Texas and in Volume 96044, Page 233 of the Map Records of Dallas
County, Texas.
Tract II
Being Lot 2 of the Nettie Long Addition, an Addition to the City of Coppell, Dallas
County, Texas according to the Map thereof recorded in Volume 96044, Page 233, of the
Map Records of Dallas.
Being additionally described by filed plat December 12, 2001, Dallas County, Volume
241, Page 00066, Lots 1 X, 19X, and 20X.