Cambridge1P/FP-CS 940727 T 1994
_DECLARATION OF COVENANTS, CONDITION '~AN~ , -
RESTRICTIONS FOR
THE ESTATES OF CAMBRIDGE MANOR
STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF DALLAS
THAT EE~MER DEVELOPMENT, INC., a Texas Corporation (the
"Declarant"}, is the owner of all the lots shown on the Final Plat
of THE E~A~ES OF CAMBRIDGE MANOR (The "?rope~'t:y"} an Addition to
the City of CoppeI1 (the "city")~ Te×as, according to the plat
thereof (the "Plat") recorded in Volume .............. Page ...... of the map
Records of Dallas County (~the"County"}, Texas, a true and correct
copy. of which is attached hereto as~Exhibit "A" attached hereto and
made a part hereof for all purposes.
Declarant has subdivided the Property into single-~amily lots
as shown on the Plat. As used herein, "lot" and "lots'.' shall refer
only to the numbered plots shown on the Plat.and shall not refer to
public areas, parks, esplanades, tracts owned or subsequently
acquired by any public body, or any plot or tract shown as a
reserve whether designated as unrestricted or not.
Declarant hereby declares that all of the property described
above shall be held, sold and conveyed subject to the following
easements, restrictions, covenants and conditions, which are for
the purpose of establishing a general scheme for the development of
all the lots in the Property and for the purpose of enhancing and
protecting the value, attractiveness and desirability of said lots
and which shall run with the ]and and be binding on al! parties
having or acquiring any right,title oz interest in the Property or
any part thereof, and which shall inure to the benefit o~ each
owner thereof.
ARTICLE
DEFINITIONS
The following words when used in these Couenants and
Restrictions or any amendment or supplement hereto & (unless the
context shall otherwise clearly indicate or prohibit} shall have
the following'meanings:
A) "Architectural Control Committee" Shall mean and refer to
individuals appointed by the Declarant or the Board of Directors of
the Association, each generally familiar with the residential and
community development design matters and knowledgeable about
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Declarant's concerns for high level of taste and design standards
within the 'Estates of Cambridge Manor'
B) "Association". shall mean and refer to The Estates of
Cambridge Manor Homeowners Association, Inc., a Texas non-profit
corporation which has the power, duty and ~esponsibi]ity of
maintaining and administering the Common Area, and collecting the
assessments and charges hereinafter prescribed, and has the right
of administering and. enforcing the Covenants and Restrictions.
C) '"Co~mon Area(s)" shall mean and refer to all of the
following:
a) landscaping, walls, planters, pillars, entry
ways, walkways, berms, sprinkler systems,
gazebos, signs, wood structures, markers,
lights, lighting systems, poles, flags~ water
features, fountains, and any other improvements
installed by Decla[~.nt upon the Property or the
Common Area and ~I! e,~uipment, accessories and
machinery used in the operation or maintenance
of any o~ the Commo.~ Areas and any addition to
or replacements of any such Common Areas; and
b) Any. and all other areas of land within the
Property which are known, described or
designated as Common Area(s) on plats of all or
any Portion of the Property or in documents
executed by Beamer D~%~elopment, inc., filed in
the .Land Records of Dallas County, Texas,
together with any and all improvements that are
now or may hereafter be placed or constructed
thereon.
D) "Declarant" shall mean and refer to Beamer Development,
Inc.,("Beamer") and the successors and assigns (if any) of Beamer
with respect to the voluntary disposition of all (or substantiall~
all) of the assets of Beamer and/or the voluntary interest of
Beamer in and to the Property prior to t~e completion of
development thereon. No person or entity purchasing one or more
Lots from Beamer in the ordinary course of business ~:~ be
considered as "Declarant".
E) "Lot" shall mean and refer to any plot or tract of land
shown upon any recorded subdivision map(s) or plat(s) of the
Property, as amended from time to time~ which plot or tract is
designated as lot therein..and which is or will be improved with a
residential dwelling.
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F) "Owner" shall mean and refer to each and every person or
business entity who is a record owner of a fee or undivided fee
interest in any Lot subject, to these Covenants and Restrictions;
provided, however, "Owner" shall not include person(s) or
entity(ies) who hold bona fide lien or interest in a Lot as
security for performance of an obligation.
G) "Property" shall mean and refer to The Estates of
Cambridge Manor (hereinafter defined), and any additions thereto,
as are subject to th%~e Covehants and Restrictions, or any
amendment'or' supplement hereto, prepared and filed of record.
ARTICLE II.
CONSTRUCTIQN OF ~M~ROVEMENTS AND USE OF LOTS
Section 2.1 Residential Use. All lots shall be used for
single-family residential~purposes only. No building shall be
erected, altered, placed Or permitted to remain on any lot other
than One (1) detached single'famimy residence per lot, which
residences may not exceed thirty-five (35) feet nor more than two
and one-half (2-1/2) stories high. It is permissible, with
majority vote, of declarant, to purchase two (2) adjacent lots for
the sole purpose of building, one detached single family residence.
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Section 2,2 Sinale-Family Use. Each residence may be
occupied by only one (1) family consisting of persons related by
blood, adoption or marriage or no more than two (2) unrelated
persons living and coOk~ngitogether as a single housekeeping unit,
together with any househOld servants.
Section 2.3 Oaraaes. Each residence shall have a
garage suitable for parking not less than two and one-half (2-1/2)
nor more than four (4) standard size automobiles, which.garage
shall conforms in design and materials with the main structure.
All garage' dbors shall be closed at all times except as may be
necessary for the entry and exit of vehicles and persons. All
garage doors are not to face the street or be visible from the
street in relationship to front elevation.
Section 2.4 Restrictions or Resubdivisions, Except for
replats undertaken by Declarant, none of the lots shall be
subdivided into smaller .!.ors.
Section 2.5 Driveways. All visible driveways shall be
surfaced with brick pavers, expOsed aggregate, patterned concrete,
color enhanced concrete or a similar substance approved by the
Declarant. This being a.no alley designed property, driveways will
start from street and drive to a nonvisible garage door.
Sections 2.6 Use Specifically Prohibited.
(a) No temporary dwelling, shop, trailer or mobile home of
any kind or any improvements of a temporary character (except
children's playhouse, dog houses, basketball goals, greenhouses,
gazebos and buildings for storage of lawn maintenance equipment,
which may be placed on a lot only in places which are not visible
from any street on which the lots fronts) shall be permitted on any
lot except that the builder ~or contractor, with the prior written
approval of the Committee, may have temporary improvements (such as
a sales office and/or construction trailer) on a given lot during
construction of a residence on the Property. No building material
of any kind or character shall be placed store4 upon the property
until the owner thereof is ready to commence construction of
improvements, and then such material shall be placed within the
property lines of the 'lO-~"Upon which the improvements are to be
· erected.
(b) No boat, marine craft, hovercraft, aircraft, recreational
vehicle, pick-up camper, travel trailer, motorhome, camper body or
similar vehicle or equipment may be parked for storage in the
driveway or front yard of any dwelling or parked on any public
street in the property, nor shall any such vehicle or equipment b®
parked for storage in the side or rear yard of any residence unless
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completely concealed from public view. No such vehicle or
equipment shall be used as a residence or office temporarily or
permanently. This restriction shall not apply to any vehicle,
machinery or equipment.~emporarily parked and in use for the
construction, maintenance, or. repair of a residence in the immediate
vicinity.
(c) Trucks with tonnage in excess of one ton and any vehicle
with painted advertisement shall not be permittedto park overnight
within the Property except those used by a builder during the
construction'of improvements.
(d) No vehicle of' any size which transports inflammatory or
explosive cargo may be kept on the Property at any time.
(e) No vehicles or similar equipment shall be parked or
stored in an area visible from any street except passenger
automobiles, passenger vans, motorcycles, pick-up trucks and pick-
up trucks with attached bed campers that are in operating condition
and have current license plates and inspection stickers and are in
daily use as motor vehicles on the streets and highways of any
state.
(f) No structure of a temporary character, such as a trailer,
basement, tent, shack, barn, or other out-building, shall be used
on any lot at any time as a dwelling house; provided, however, any
builder, with the prior written approval of the Committee, may
maintain and occupy model houses, sales offices and construction
trailers during the construction period.
(g) No oil drilling development operation, oil refining,
quarrying or mining operations of any kind shall be permitted on
the Property, nor shall oil wells, tanks, tunnels, mineral
excavations or shafts be permitted upon or in any part of the
Property. No derrick or other structure designed for use in
quarrying or boring.for oil, natural gas or other minerals shall be
erected, maintained or permitted within the Property.
(h) No animals, livestock or poultry of' any kind shall be
raised, bred or kept on any lot except that dogs, cats or other
household pets may be kept for the purpose of providing
companionship for the private family. Animals are not to be
raised, bred or kept for commercial purposes or for food. It is
the purpose o~ these provisions to restrict the use of the lot so
that no person shall quarter on the premises cows, horses, bees,
hogs, sheep, goats, guinea fowls, chickens, turkeys, skunks, or any
other animals that may interfere with the quietude, health or
safety of the community. No more than four (4) pets will be
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permitted in each lot. Pets must be restrained or confined on the
homeowner's back lot inside a fenced area or within the house.
It is the pet owner's r6sponsibility.to keep the lot clean and free
of pet debris. All animals must be properly tagged for
identification.
(i) No lot or other area in the Property shall be used as a
dumping ground for rubbish or a site for the accumulation of
unsightly materials of any kind, including, without limitation,
broken or .rusty equipment, disassembled or inoperative cars and
discarded appliances and. furniture. Trash, garbage, or any other
waste ' shall not- be kept except in sanitary containers in
appropriate locations which may be specified by the Committee, such
containers shall be situated and enclosed or screened as not to be
visible from any residential street, private drive or adjacent lot.
All incinerators or other equipment for storage or other disposal
of such material shall be kept in clean and sanitary condition.
Materials incident to construction of improvements may be stored on
lots during construction. Materials incident to construction of
improvements may be stored on lots during construction so long as
construction progresses without undue de]ay.
(j) No individual W~t'er supply system shall be permitted in
the'Property.
(k) No individual sewage disposal system shall be permitted
in the Property. '.
(1) No garage, garage house or other out-building (except for
sales offices and/or construction trailers during the construction
period.which have been approved by the Committee in writing) shall
be occupied by any owner, tenant or other persons prior to the
erection of a residence.
(m) No air-conditioning apparatus shall be installed on the
ground in front of .a residence. No air-conditioning apparatus
shall be attached to any front wall or window of a residence. No
evaporative cooler shall be installed on the frpnt wall or window
of a residence. All utility meters, equipment, air conditioning
compressors, air conditioning and heating units and similar items
must (including those on corner lots) to the extent reasonably
practicable, be visually screened from the street and adjoining
lots and must be located in areas acceptable to the Committee.
(n) Except with the written permission of the Committee or as
provided below, no antennas, discs or other equipment for sending
or receiving sound or ..video messages shall be permitted in the
Property except antennas for AM or FM radio reception and UHF, VHF
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television reception. All: antennas shall be located inside the
attic of the main residential structure except that, with the
written permission of the Committee, one (1) satellite disc or
other structure may be placed in the back yard so long as it is
completely screened from view of any street, common area or other
public area. No use shall be made of any lot or structure thereon
for any other type of radio or television or similar broadcasting
system
(o) . No lot or improvements shall be used for business,
profesSional,'commercial or manufacturing purposes of any kind. No
activity, whether for profit or not, shall be conducted which is
not related .to single-family residential purposes. No noxious or
offensive activity shall be undertaken within the Property, nor
shall anything be done which is or may become an annoyance, or
nuisance to the neighborhood. Nothing in this subparagraph shall
prohibit a builder's temporary use of a residence as a sales office
until such builder's last residence in the Property is sold.
Nothing in this subparagraph shall prohibit an owner's use of a
residence for quiet, inoffensive activities such as tutoring or
giving art lessons so long as Such acti%ities do not materially
increase the number of cars parked on the street or interfere with
adjoining homeowners' use and enjoyment of their residences and
yards.
(p) No fence, wall hedge or shrub planting which obstructs
sight lines at elevations between three (3) and six (6) feet above
the roadway shall be placed or permitted to remain on any corner
lot within the triangular area formed by the street right-of-way
lines and a line connecting them at points ten (10) feet from the
intersection of the street right-of-way lines,or, in the case of a
rounded property corner, from the intersection of the street right-
Of-way lines as extended~ .The same sight-line limitations shall
apply on any lot within ten (10) feet from the intersection of a
street right-of way line with the edge of a private driveway. No
tree shall be permitted' to remain within Such distance of such
intersections unless the foliage line is maintained at sufficient
height to prevent obstruction of such sight liqes.
(q) Except for children's playhouse, dog houses, greenhouses,
gazebos, and buildings for storage of lawn maintenance equipment,
no building previously constructed elsewhere shall be moved onto
any lot, it being the intention that only new construction be
placed and erected thereon.
(r) Within easements on each lot, no structures, planting or
maintenanCe of utilities, which may change the direction of flow
within drainage channels or which may obstruct or retard the flow
of water through drainage channels.
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(s) The general grading, slope and drainage plan of a lot may
be altered by more than six (6) inches without the prior written
approval of the Declarant, the City and other appropriate agencies
having authority to grant such approval.
(t) No sign of anY'~nd'shall be displayed to the public view
on any lot except one '(1) professional sign advertising the
property for sale, or 'professional .signs used by the builder to
advertise the property during the construction and sales period.
Declarant.or its agents shall have the right to remove any sign,
billbOard Or bther advertising structure that does not comply with
the fo.regoing requirements, and in so doing'shall not be subject to
any liability for trespass~or any other liability in connection
with such removal. All signs~ are subject to the approval of the
Declarant and may be required by the Declarant to be removed if, in
the sole judgment of the Declarant, same are found to be
inconsistent with the high standards of the Property. To protect
the safety and harmony of the neighborhood, no person shall engage
in picketing on any lot, easement, right-of-way or common area
within or adjacent to the Property, nor shall any vehicle parked,
stored or driven in or adjaceat to the prOperty bear or display any
signs, slogans, symbols, words or decoration intend to create
controversy, invoke ridicule or disparagement, or interfere in any
way with the exercise of the property rights, occupancy or
permitted business activities of any builder, owner,or Declarant.
All signage must comply with current City sign ordinances.
(u) The drying of' CIothes in public view is prohibited. The
owners and occupants of any lots at the intersections of streets or
adjacent to parks, playgrounds or other facilities where the rear
yard is visible to full' public view shall construct a drying yard
or other suitable enclosure to screen from public view the
equipment which is incident to normal residences, such as clothes
drying equipment, yard equipment and storage piles.
(V) Except within fireplaces in the main residential dwelling
and except for outdoor cooking, no burning of anything shall be
permitted anywhere within the Property. ,
(w) No carport shall be permitted on a lot.
(x) No abandoned, derelict or inoperative vehicles may be
stored or located on any lot unless visually screened from other
lots and from any residentia:l street.
(y) No retaining wall, fence or other structure of any kind
made from wooden railroad ties or any individual wooden railroad
ties shall be permitted on the front yard or side yard of a lot
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which are visible from any street, common area or other public
area.
Section 2.7 Minimu~n Floor Are~... The total air-conditioned
living area of the main residential structure, as measured to the
outside of exterior walls but exclusive of open porches, garage,
patios and detached accessory buildings, shall be not less than two
thousand-eight hundred (2,800) square feet for a one (1) story
residence and not less than three thousand (3,000) square feet for
a two (2) story residence, or the minimum habitable floor area as
specified 'by' the City at the time of construction, whichever is
greater.
Section 2.8 Building Materials: Exterior Items and S~rfaces.
At least eighty percen.t ~(80%) of the exterior walls of the first
floor of all structures shall be'of masonry construction (see
current city ordinances for definition of masonry) exclusive of
doors, windows and the area above the top plate line. Each story
above the first floor of a straight wall structure shall be at
least eighty percent (80%)imasonry exclusive of doors, windows and
the area above the top plate line.
Roofing shall be constructed of wood, slate, clay tile or
composition material of a minimum weight of three hundred (300)
pounds per one hundred (100) square feet of roofing area unless
specifically approved otherwise by the Committee in writing before
installation. Roof pitch shall be a minimum of "8/12," unless
approved otherwise by the Committee. Installation of all types of
exterior items and surfaces such as address numbers or external
paint or stain, shall be subject to the prior approval of the
Committee as to design, materials and location.
Section 2.9 Area Requlations..
1. Minimum'Size of Yards~.
A) Front. Yard: Thirty (30) feet. Where lots have
double frontage, running through from one street to another, the
required front yard shall be provided on both streets.
B) Side Yards: Ten percent (10%) of the lot width,
but in no case shall the side yard be tess than eight (8) feet. A ..
side yard adjacent to a street shall not be less than fifteen (15)
feet. Allowable non-residential uses twenty-flue (25)
C) Rear Yard: Twenty (20) feet.
2. Maximum Lot Coverage
A) Thirty-five percent (35%) of the total lot area
may be covered by the combined area of the main building and'
accessory buildings.
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No dwelling shall be located on any lot nearer to the front lot
line or nearer to the side lot line than the minimum setback lines
shown on the Plat or required by the City. For purposes of these
covenants, eaves shall not be considered as.a part of the building,
provided, however, that this shall not be construed to permit any
portion of a building on a lot to encroach upon another lot.
Section 2.10 Fences and Walls. Any fence or wall must be
constructed of masonry brick, wood or other material approved by
the Declarant. No fence or wall shall be permitted to extend
nearer to any street than the front building line of any residence.
Fences or walls erected by the Declarant shall become the property
of the owner of the lot on which the same are erected and, as such,
shall be maintained and repaired by such owner except as provided
in Article III. No portion of any fence shall be less than or
greater than eight (8) feet in height. Any fence or wall facing
the lake shall be a wrought-iron fence exactly five feet (5') in
height and must be approved by Declarant to insure same consistency
throughout. All wooden fences must be "board on board",with a level
stair step flat top design. The unfinished side of the fence shall
not be exposed to any street, common area or neighboring lot.
Contractors signs are not to be attached to fence. Fences are to
be left natural or a "clear" stain may be used. The "good" side or
pickets are to be applied on the exterior of the fence structure. ...
Vertical and horizontal support structures .shall not be exposed on
the exterior side of the fence. Between all lake lots, a masonry
column, .six feet (6') in height, must be erected at rear of
property. It is permissible to dog ear an eight foot (8') wood
fence down to the masonry column. The following lots will have
bricked columns every 8 feet (8') between the "board on board"
fences:
BLOCK LOT
"A" 1 & 7
"B" 4 & 7
"C" 1 &: 8
"D" 1, 4, 5, 8, 9, 12, 13 & 16
"E" 1 & 5
See attached photos/renderings of typical wrought-iron and cedar
"board on board" fences.
Section 2.11 Sidewalks. All sidewalks shall conform to City
specifications and regulations.
Section 2.12 MailbOxes. Mailboxes shall be standardized
cluster-boxes required by the u.s. Postal Service. Cluster-boxes
must have brick/stone veneer uniformly designed to conform with
design concept of entry features. Please see attached drawings
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for size; dimensions; rendering and placement of brick/stone veneer
cluster-boxes. ":~
Section 2.13' Retainin~ Walls. Any retaining wall visible
from any street shall be brick, stone, or other material approved
by the Declarant.
Section 2.14 Chimney Flues. Chimney Flues shall have no
siding. Chimney Flue shall' be fully surrounded by masonry and
shall be fully supported from foundation. All materials must be
acceptable by the Declarant.
Section 2.15 Windows and Skylights. Window jambs and
mullians shall be composed of anodized aluminum or wood. There
shall be no skylights on the fronts of houses. No windows or doors
with glass may be tinted with after market products or artificially
affected that can be seen from the street.
Sections 2.16 Repetition of Front Elevation. No front '
elevation shall be allowed for'a lot (subject lot) if that same "..
elevation has already been constructed upon, or approved for, any
other lot (existing lot), if the improvements of the existing lot
would be visible from any part of the front yard of the subject lot
at the street line. Also, no two (2) floor plans shall have the
same likeness and each shall be an individual custom design, one of
a kind. The Declarant shall be the final authority as to what
improvements would be visible from any particular lot and of floor
plan duplications.
Section 2.17 Circular Driveways/Landscaping. All circular
driveways must have a minimum of at least two feet (2') in height
of landscaping/shrubs within the middle/center portion of circular
drive. This landscaping is to screen the circular driveway from
street level, and in an effort to make circular drive
unrecognizable from street. See attached rendering for typical
circular drive.
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ARCHITECTUKAL CONTRO.~
Section 3.1 Appointment.. Declarant shall act as the
Architectural Control Committee (herein after called the
Committee). Following the establishment of the Home Owners
Association. (Herein after called Association) a Committee will be
appointed by the board of directors of the Association composed of
a minimum.of two (2) individuals, each generally familiar with the
residential and community'development design matters and knowledged
about Dec'larant's concerns' for high level of taste and design
standards within the Property. At the discretion of the Committee
pertaining to special situations and' circumstances in authorizing
the approval of plans within the community. The Committee shall
have the right to engage the Services of a professional consultant
for their elevation at the expense of the Association.
SeCtion 3.2 ~Lfu~99.~_9/~_~ In the event of death, resignation
or removal by Declarant of any member of the Committee, the
remaining member(s) shall appoint a successor member. In default
of such appointment, Declarant shall have full authority to
designate and appoint a successor. No member of the Committee
shall be entitled to compensation for, or be liable for claims,
causes of action or damages arising out of services performed
pursuant to this declaration~
Section 3.3 Authority. No'landscaping, building, fence, wall
or other structure shall be commenced, erected, placed, maintained
or altered on any lot, nor shall any exterior painting of, exterior
addition to, or alteration of, such items be made until all plans
and specifications and a plot plan have been submitted to and
approved in writing by a majority of the members of this Committee
as to: ·
(a) quality of w6rkmanship and materials, adequacy of site
dimensions, adequacy of structural design, proper facing of main
elevation with respect to nearby streets;
(b) conformity and harmony of the external design, color,
type and appearance ~ of exterior surfaces and landscaping in
relation to the various parts of the proposed improvements and in
relation to improvements on other lots in the Property; and
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(c) the other standards set forth within this Declaration
(and any amendments'hereto)' or matt'ers in which the Committee has
been vested with the authority to render a final interpretation and
decision.
The Committee is authorized and empowered to consider, review
and approve any and all aspects of construction and landscaping
which may, in the reasonable opinion of the Committee, adversely
affect.the living enjoyment of one or more lot owners or the
general value of lots in the Property and, pursuant thereto, the
Committee 'ma~ require the submission of plans and specifications
therefor, prior to the commencement, or during the process, of such
construction or landscaping. In considering the harmony
external design between existing structures and the proposed
building being erected, placed or altered, the Committee shall
consider only the general appearance of the proposed building as
that can be determined from front, rear and side elevations on
submitted plans.
Section 3.4 P~ocedure for Approval. Final plans and
specifications shall be._submitted in duplicate to the Committee.
The plans and specifications shall show the nature, kind, shape,
height, materials and location of all landscaping and improvements.
The documents shall ~sp'ecify. any request variance from the set back
lines, garage location or any other requirement set forth in this
Declaration. The Committee is authorized to request the submission
and samples of proposed construction materials. 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 shall be marked
"Approved," signed by a majority of the Committee and returned to
the lot owner or his designated representative.
If disapproved by the Committee, one set of such plans shall
be returned marked "Disapproved" and shall be accompanied by a
reasonable statement of the reasons for disapproval, which
statement shall be signed by a majority of the Committee. Any
modifications of the approved set of plans and,specifications must
again be submitted to the Committee for its approval. The
Committee's approval or disapproval, as required herein, shall be
in writing. In no event shall the Committee give verbal approval
or disapproval of any plans. If the Committee fails to approve or
disapprove such plans a.n~ specifications within thirty (30) days
after the date of submission, Written approval of the matters
submitted shall not be required and compliance with this Article
shall be deemed to have been completed. In case of a dispute about
whether the Committee responded within such time period, the person
submitting the plans shall have the burden of establishing that the
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Committee received the plans. The Committee's receipt of the plans
may be established by a signed certified mail receipt.
Section 3.5 St'anda~ds. The Committee shall have sole
discretion with respeCt~ to taste, design and all standards
specified herein. One objective of the Committee is to prevent
unusual, radical, curious,i odd, bizarre, peculiar or irregular
structures from being built in the Property. The Committee shall
also have the authority to require a "8/12" or greater roof slope,
to specify.the design oflfii~ep!a~es and chimney, flues, to prohibit
the use of'li'ght-weight co~p~Si:tion roof material, to require the
use of specific types of Windows, to prohibit or restrict the use
of solar or heating panels and generally to require that any plans
meet the standards of the existing improvements on neighboring
lots. The Committee may from time to time publish and promulgate
bulletins regarding architectural standards, which shall be fair,
reasonable and uniformlyapplied and shall carry forward the spirit
and intention of this declaration..
section 3.6 ~Te'~m~%tion, · The Committee appointed by
Declarant shall cease to exist On the earlier of: (a) the date on
which all the members of the Committee file a document declaring
the termination of the Committee, or (b) two (2) years after the
date hereof. Notwithstanding the above provision, at any time
after the termination of the Committee, the record owners of a
majority of lots in the.Property shall have the authority to record
an instrument which provides for a committee elected by homeowners
to continue the functions of the Committee, which instrument shall
establish elections or appointments procedures whereby the
homeowners' committee members shall be chosen and a notice
procedure whereby all homeowners in the Property will receive
notice of such procedures. If there is no Committee or homeowners,
committee, no approval by the Committee or homeowners' committee
shall be required under this declaration; variations from the
standards set for in this Declaration shall be made in accordance
with th'e general development standards as reflected in the plans,
construction materials, landscaping and other matters approved by
the Committee or homeowners' committee during, their periods of
control.
Section 3.7 LiabilitY.. of Committee. The members of the
Cor, mittee shall ha~e '.no liability for decisions made by the
CoF~ittee so long as such decisions are made in good faith and are
not arbitrary, or capricious. Any errors in or omissions from the
plans of the site plan 'sUbmitted to the Committee shall be the
responsibility of the owner of the lot to'which the improvements
relate, and the Committee shall have no obligation to check for
errors in or omission from any such plans, or to check for such
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plans' compliance with the<..general provisions of this Declaration,
City codes, state statutes or the common law, whether the same
relate to lot lines building lines easements or any other issue.
This Section shall also apply to the members of the homeowners
committee, if such a committee comes into existence pursuant to
Section 3.6 above.
ARTICLE IV
SPECIAL FENCING AND LANDSCAPI~
Section 4.1 Fences., Walls,aDd Sprinkler SYstems. For a
period of two (2) year.s after the recording of this Declaration,
Declarant shall have th% right to erect, install, maintain, repair
and/or replace fences, walls and/or sprinkler systems within those
portions of any lot situated along the perimeter of the Property
(other than this development or Common A~eas) which are located
outside the building, set back or sight lines as established by the
Plat, this document or any governmental entity. Any fence, wall or
sprinkler system shall be the property'of'the owner of the lot on
which such fence, wall or sprinkler system is erected or installed,
subject to easements and rights of Declarant set forth below. No
fence, wall or sprinkler system shall be erected or installed in
the common area by the owner thereof, without the prior written
consent of Declarant and/or Committee.
Section 4.2 Landscaping. Declarant shall have the right to
grade, plan and/or landscape and maintain, repair, replace and/or
change such grading, planting and landscaping on any portion of the
common area. In the event Declarant does not landscape the common
areas, the Association may plant grass and may landscape and plant
trees and shrubs in the common areas, with written consent of the
Committee and full comp.liance of City ordinances regarding
landscaping.
Section 4.3 '~. Declarant shall have, and hereby
reserves, the right and easement to enter upon the common area for
the' purpose of exercising the discretionary' rights set forth
herein.
Section 4.4 Maintenance by Individual ~ot owner Q~ Qgmmon
~ In the event" Declarant does nOt maintain or repair any
fences, walls, grading, planting or landscaping erected, installed
or situated within the Common Areas· then individual owners at his
or her expense, may perform such maintenance and repair work as is
necessary to maintain such fences, walls, grading,planting and
landscaping in a good and neat condition and appearance; provided,
however, that the lot owners shall give Declarant ten (I0) business
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days written notice before doing any maintenance other than mowing,
edging and trimming, sO t0ng as the Common Area and any fences,
walls, grading, planting and landscaping thereto are being
reasonably maintained and repaired by Declarant, the owners shall
not perform any maintenance or repair work on any sprinkler system
within the common area without prior written consent of Declarant.
Section 4.5 Declarant's Discretion. Notwithstanding any
provisi.ons herein to the contrary, Declarant shall never be
obligated .to erect, install, maintain, repair or replace any
fences', wails', sprinkler systems, grading, planting or landscaping
on any lots. ·
Section 4 6 Three-Year Limitation. This p~ovlsion of this
Article regarding Declarant's rights shall terminate on the earlier
of: (a) the date on which Declarant records a document evidencing
said termination or (b) three (3) years after the date hereof.
Notwithstanding said termination, the owners of the lots shall have
the right to exercise D~'Clarant's rights hereunder pursuant to
Section 5.13 ·
ARTICLE V
GENERAL PROVISIONS
Section 5.1 Easements. Easements for the installation and
maintenance of utilities and drainage facilities are reserved as
shown on the Plat. Easements are also reserved for the
installation, operation, maintenance and ownership of utility
service lines from the property lines to the residence. Declarant
reserves the right to make changes in and additions to the above
easements for the purpose of most efficiently installing
improvements. By acceptance of a deed to any lot, the owner
thereof covenants and agrees.to mow weeds and grass and to keep and
maintain in a neat and clean condition any easement which may
traverse a portion of the lot.
Section 5.2 Recorded Plat. All dedications, limitations,
restrictions and reservations shown on the Plat are incorporated
herein and shall be construed as being adopted in each
contract,deed or conveyance executed or to be executed by
Declarant, conveying lots in the Property, whether specifically
referred to therein or-not.
Section 5.3 Lot Maintenance. The owner of each lot shall,
prior to thirty (30) days after issuance of certificate of
occupancy for a house, establish grass front and side yards, or any
property visible from~the street, plant a minimum of twelve (12),
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five (5) gallon shrubs !land six (6), fifteen (15) gallon
shrubs,shall maintain the ¥~rdsin a sanitary and attractive manner
and shall edge the street curbs that run along the property line.
Grass, weeds and vegetation on each lot must be kept mowed at
regular intervals so as to maintain the property in a neat and
attractive manner. No vegetables shall be grown in any yard that
faces street. No owner shal~ permit weeds or grass to grow to a
height of greater than six inches (6") upon his/her property. No
foundation planting, shrubs or other vegetation near the house
shall be al. towed to grow above the bottom of any window. If after
ten (10) days" prior written notice, an owner of a lot shall fail
to: (a) control weedS, grass and/or other unsightly growth, (b)
remove trash, rubble b_uilding and construction debris, (c)
exercise ·reasonable care and conduct to prevent or remedy an
unclean, untidy or unsightly condition, or (d) otherwise satisfy
the aforesaid maintenance requirements, then Declarant or the
Committee shall have the authority and right but not the obligation ..
to go onto the subject lot for the purpose of mowing and cleaning '.
said lot or to otherwise effect the aforesaid maintenance
requirements and shall have the authority and right to assess and
collect from the owner of sai4 lot the amount so expended by
Declarant or the Committee in connection with mowing, cleaning or
otherwise maintaining said lot on each respective occasion of such
mowing, cleaning or maintenance. In the event an owner of a lot
does not pay such an assessment within fifteen (15) days after the
date of the invoice for such assessments, such owner shall also be
obligated to pay Declarant or the Committee interest thereon from
said date until paid at the lesser maximum rate permitted by
applicable law or eighteen percent (18%) per annum and the costs of
collection thereof.
Section 5.4 Maintenance of Improvements. Subject to the
provisions of Article IV, each lot owner shall maintain the
exterior of all buildings, fences, walls and other improvements on
his/her, lot in' good ~ondition and repair, and shall replace worn
and rotten parts, and sha['l'regularly repaint all painted surfaces
and'shall not permit the roofs, rain gutters, downspouts, exterior
walls, windows, doors,'-walks, driveways, park%ng areas or other
exterior portions of the improvements to deteriorate in an
unattractive manner.
Section 5.5 Mortua~es. It is expressly provided that the
breach of any of the foregoing conditions shall not default or
render invalid the lien ofiany mortgage or deed of trust made in
good faith and for the value, as the same premises or any part
thereof encumbered by such mortgage or deed of trust, but said
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conditions shall be binding thereto as to lots acquired by
foreclosure, trustee's sale or otherwise, as to any breach after
such acquisition of title.
Section 5.6 Tern. The. forgoing covenants and restrictions
shall run with and bind the land and shall remain in full force and
effect for a term of thirty (30) years after this Declaration is
recorded. They shall be automatically extend for successive
periods.of ten (10) years unless amended as provided herein or as
allowed by...applicable law.
Section 5.7 severabi.~ity, if any condition, covenant or
restriction herein contained shall be invalid, which invalidity
shall not'be presumed until the same is determined by the judgment
· of order of a court of competent jurisdiction, such invalidity
shall in no way effect any other condition, covenant or
restriction, each of which shall remain in full effect.
Section 5.8 Bindin~ Effect. Each of the conditions,
covenants, restrictions and agreement herein contained is made for
the. mutual benefit of, and is binding upon, each and every person
acquiring any part of the Property, it being understood that such
conditions, covenants, restrictions and agreements are not for the
benefit of the owner of any land except land in the Property and
the same shall inure to the benefit of owners of land in the
Property and Declarant, its successors and assigns. This
Declaration, when executed, shall be filed of record in the deed
records of the County so that: each and every owner or purchaser or
any portion of the Property is on notice of the conditions,
covenants, restrictions and agreements herein contained.
Section 5.9 Enforcement. The owner ~f any lot in Property
shall have the easement and right to have each and all of the
foregoing restrictions, conditions, and covenants herein faithfully
carried, out and performed.with reference to each and every lot in
the Property, together with the right to bring any suit or
undertake any legal process that may be proper to enforce the
performance thereof, it being the intention h~reby to attach to
each lot in the Property., without reference to when it was sold,
the right and easement to have such restrictions, condition and
covenants, strictly complied with, such right to exist with the
owner of each lot and to apply to all other lots in the Property
whether owned by the undersigned, its successors and assigns, or
other. Failure by any owner, including Declarant, to enforce any
covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter.
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Section 5.10 0 Authorities. If other authorities, such
as the "City or County, ~impose more demanding, expensive or
restrictive requirements than those set forth herein, the
requirements of such authorities shall be. compmied with. Other
authorities' imposition of lesser requirements than those set forth
herein, the requirements ~of' such authorities shall be complied
with. Other authorities' impositions of lesser requirements than
those set forth herein shall not supersede or diminish the
requirements herein.
SectiOn 5.11 Addresses. Any notices or correspondence to any
owner of a lot shall be addressed to the street address of the lot.
Any notices or correspondence to the Committee shall be addressed
to the address shown opposite the signature of Declarant below or
to such other address as is specified by the Committee pursuant to
an instrument recorded in the deed records of the County.
Section 5.12 Owners Election. If any time a majority of the
owners of lots in the Property execute and record a document
stating their intent -and. desire to perform some or ail of
Declarant's landscaping, maintenance, approval, or other rights or
functions hereunder, and if such document provides a reasonable
procedure for notifying ail owners and for delegating
responsibility and performing such functions, and if such document
is approved and executed, by Declarant, then such owners shall be
entitled to all discretion, authority, easements and rights of
Declarant with respect to the matters as to which the homeowners
elect to assume responsibility.
Section 5.13 Acknowledaement of purchaser. This Declaration
and the covenants, conditions and restrictions set forth herein
must be acknowledged by signature and fully initialed on each page
of this Declaration, when a perspective purchaser/resident executes
a contract for sale with one of the bonafide builder companies.
Perspective purchaser/resident will receive one copy of same: one
copy kept on file with builder company and one copy on file with
Declarant. Further,-when the Association is in force the President
of the Association will appoint a representative to fulfill the
aforementioned obligations for resale homes. At'that time one copy
will be kept on file with purchaser/resident o~ pre-existing resale
property and one copy on file with the Association.
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Section 5.14 Amendmen,t. This Declaration and the covenants
conditions and restriCtiO~?ii~Set~forth herein may be abolished or
amended in whOle or in pa=t~ with the consent of fifty-one percent
(51%) of the then ownersi(!ncluding Declarant) of lots (with one
(1) vote to be cast for each lot so owned) evidenced by a document
in writing bearing the Signatures of such majority owners;
provided, however, that for the period that a Declarant appointed
Committee is in existence, no amendment of the covenants,
conditions and restrictions:set forth herein shall be valid or
effective without the joinder of Declarant.
(.a) Declarant may add or annex additional real property to
the scheme of these Covenants and Restrictions by filing of record
a Supplemental Declaration of Covenants, Conditions and
Restrictions which shall extend the scheme of the Covenants,
Conditions and Restricti'0~'S'of these Covenants and Restrictions to
such additional property; provided, however, that such supplemental
declarations may contain such complementary additions and
modifications of the CoVenan{s and restrictions as may be necessary
to reflect the different character, if any, of the additional
property and as is not' inconsistent with the concept of this
Restated 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 these Covenants and Restrictions,
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 6.02, when m&de~ shall automatically extend the
jurisdiction, functions, duties and membership of the Association
to the properties added.
(d) Declarant shall have the right and option (upon the
joinder, approval or consent of such associations) to cause the
Association to merge or' consolidated with any s,imilar 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 this 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 conso.lidated association or
alternatively, the properties, rights and obligations of another
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association may, by operation of law be added to the properties,
rights and obligations .~-Of the Association as a surviving
corporation pursuant to a merger. The surviving or consolidated
association may administer the Covenants and Restrictions within
the Existing Property together with the covenants, conditions and
restrictions established upon any other properties as one scheme.
ARTICLE VI
PROPERTY SUBJECT TO THIS DECLARATION: ADDITIONS THERETO
Section 6.01 Existing.Property, The Existing property is
located in the City of Coppell, Dallas County, State of Texas, and
is more particularly described on Exhibit "A" attached hereto and
incorporated herein by'reference for ali purposes.
Section 6.02 Additions ~o Existing Property. Additional '..
land(s) may become subject to these Covenants and Restrictions in
any of the following manners:
ARTICLE VII
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION.
.Section 7.01 Membership. Every Owner of a Lot shall
automatically be and must remain a Member of the Association in
good standing. The Board of Directors of the Association (the
"Board of Directors") may declare that an Owner is not a Member in
good standing because of 'past unpaid dues, fines, late charges,
interest, ]ega! fees, and/or any other assessments of any nature.
The Board of Directors may temporarily suspend the voting rights of
any.member who is not in good standing unti! such past unpaid
amounts are paid in full.
Section 7.02 Voti.n~ Rights, The Association shall have three
(3) classes of voting membership: ,
CLASS "A": Class A Members shall be ali Members other than
Class B and Class C 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 (1) vote be cast
with respect to any such Lot.
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CLASS "B": Class B Memb..e~s shall be any bona fide Owner who
is engaged in the process of constructing a residential dwelling on
his/her Lot for sale to consumers. Class B Members shall be non-
voting members of the Association. The Class B membership shaI1
cease, and each Class B Member shall become a Class A Member:
(a) when total number of votes outstanding in the Class
A Membership equals the t6tal number of votes outstanding in the
Class C .Membership; or '
(b)' on the third' (3) anniversary of the date hereof,
whichever occurs first in time.
CLASS "C": Class C Members shall be Beamer. Class C Members
shall be entitled to six (6) votes for each Lot which it owns and
for each Lot owned by Class B members who purchased Lots initially
owned by such Class C Member.
Notwithstanding the aforementioned voting rights within the
Association, until Declarant no longer owns record title to (or a
lien interest in) any Lot, or ~hree ('3)"years, whichever occurs
first in time, neither the Association nor the Members shall take
any action inconsistent with this Declaration without the consent
and approval of Declarant.
ARTICLE VIII
COVENANTS FOR ASSESSMENTS
Section 8.01 Creation of the Lien and Personal Obligation of
Assessments. Declarant,. for each Lot owned by it within the
-Property, hereby covenants and agrees, and each Purchaser or Owner
of any Lot by acceptance of a deed therefor, whether or not it
shall be so expressed in any such deed or other conveyance, is
deemed to covenant and agree (and such covenant and agreement shall
be deemed to constitute a portion of the purchase money and
consideration for acquisition of the Lot)., to pay to the
Association (or to an entity or agency which may be designated by
the Association to receive'such monies): (1) annual assessments or
charges for maintenance, taxes and insurance on the Common
Properties and a fifty dollar ($50.00) fee payable by Class A
Members only to a reserve fund for the Association upon acquisition
of any Lot; (2) special assessments for capital improvements, such
assessments to be fixed, established and collected from time
time as hereinafter provided;- and (3) individual special
assessments levied against individual Lot Owners to reimburse the
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Association for the extra cost of maintenance and repairs caused by
willful or negligent acts of!~the individual Owner and not caused by
ordinary wear and tear, such assessment to be fixed, established
and collected from time to ~time as hereinafter provided. The
annual, special and individual assessments, together with such
interest thereon and costs~ of collection thereof as herinafter
provided, shall be a charge on the land and shall be a continuing
lien upon each Lot against which each such assessment is made and
shall.also be the continuing personal obligation of the Owner of
such Lot at the time when the assessment became due.
Section 8.02 Purpose of Assessments. The assessments levied
by the Association shall be used exclusively for the purposes of
(i) promoting the health, recreation, safety and welfare of the
i '
residents of the Property; (ii) improving and mainta nlng the
Con, non Properties; (iii) the payment of taxes and insurance (if
any) in connection with' 'Comcnon Properties and the repair,
repl'acement and additions thereto;'(iv) developing and maintaining
replacement and working, capital reserves for the Association; (v)
trash and garage collection' and exterior maintenance of all or
portions of the Lots, as may be determined necessary and
appropriate by the Association from time to time; {vi) 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; (vii) carrying out the
duties of the Board of Directors.
Section 8.03 Bas~s a.nd amount of Annual Maintena~c~
Assessments
·
(a) Until and unless otherwise determined by the Board the
maximum annual assessment shall be
per Lot per year.
(b) The Board of Directors may establish the maximum annual
assessment for each Lot, provided that the maximum annual
assessment may not 'be increased more than twenty percent (20%)
above the maximum annual assessment for the previous year unless
approved by Members of-the Association. N~twithstanding the
foregoing, in the event.~that the Board determines that due to
unusual circumstances the maximum assessment even as increased by
twenty percent (20%) wil'l be insufficient to enable the Association
to meet its expenses as set forth hereof, then in such event, the
Board shall have the .right to increase the maximum annual
assessment by the amount necessary to provide sufficient funds to
cover the expenses of the Association without the approval of the
Members; provided, however, that the Board shall only be allowed to
make one such increase without obtaining approval of the Members.
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(c) After consideration of current maintenance cost and the
future needs of the Association, the Board of Directors may fix the
actual annual assessment at an amount equal to or less than the
then-existing maximum annual assessment.
(d) Owner, by acceptance of the deed to his/her Lot, hereby
expressly vests in Declarant, the Board or its agents the right and
power to bring all actions against 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.
No owner 'm~y waive or otherwise escape liability for the
assessments provided herein by non-use of the Common Areas or by
abandonment of his Lot.
(e) If any assessment remains unpaid as the expiration of
fifteen (15) calendar days from and after the due date established
by the Board, a late charge shall be assessed against the non-
paying Owner for each month that any portion of an assessment
remains unpaid. The late charge shall be in the amount of Twenty-
Five and No/100 Dollars ($25.00) for all Class A Members. A
reasonable service charge in an amount Established by the Board
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.
Section 8.04 SpeCial Assessments for Capital Improvements.
In addition to the annual assessments authorized hereof, the
Association may levy in .any year a special assessment, applicable
to that year only, for the purpose of defraying, in whole or in
part, the cost of any construction or reconstruction, unexpected
repair or replacement of described capital improvements upon the
Common Area, including any necessary fixtures and personal property
related thereto; provided that such assessment shall have
affirmative approval of the Members of the Association.
Section 8.05 UnifQNm Rate of Annual and Special Assessments,
Both annual and special assessments must be fixe~ at a uniform rate
for all Lots owned by Class A members.
Section 8.06 Date of Commencement of Assessments; Due Date~.
The annual maintenance assessment provided for herein shall
commence on the date fixed by the Board of Directors to be the date
of commencement, and as may be prescribed by the Board of Directors
shall be payable annually, in advance, on the first day of each
year.
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Section 8.07 Duties o~ the Board of Directors with Respect to
Assessments,
(a) The Board of Directors shall fix the date of commencement
and the amount of the assessment against each Lot for each
assessment period at least sixty (60) days in advance of such date
or period if such assessments are being increased and at least
thirty (30) days in advance of such date or period if such
assessments are not being increased; and the Board of Directors
shall, at .that time, prepare a roster of the Lots and assessment
applicable' fhereto which shall be kept in the office of the
Association.
(b) Written notice Of the assessment shall thereupon be
delivered or mailed to every. Owner subject thereto.
(c) The Board of Directors shall upon demand at any time
furnish to any Owner liable for said assessments, a certificate in
writing signed by an Officer of the Association, setting forth
whether said assessment has been paid. Such certificate shall be
conclusive evidence of payment Of any assessment therein stated to
have been paid. A reasonable charge may be made by the Board of
Directors for the issuance of such certificate.
Section 8.08 Effe¢~ of Non-Payment of Assessment; The
Personal obI!~ation of the Owner~ the Lien; Remedies of
Association.
(a) If any assessment or any part thereof is not paid on the
date(s) when due, then the unpaid amount of such assessment shall
become delinquent and shall together with late charges and service
charges [hereinafter defined in subparagraph (c)], and interest
thereon at the highest'p6~mitted lawful rate per annum and cost. of
collection thereof, thereupon become a continuing debt secured by
a-lien on the Lot of the non-paying Owner which shall bind such Lot
in the hands of the Owner, his/her heirs, executors, devisee,
personal representatives and assigns, the Association shall have
the right to reject' partial 'payments of an assessment and demand
the full payment thereof. The personal obligation of the then-
existing Owner to pay such assessment shall remain his personal
obligation and shall not pass to his/her successors in title unless
expressly assumed by them. Furthermore, the lien for unpaid
assessment shall be unaffected by any sale or assignment of a Lot
and shall continue in full force and effect. No Owner may waive or
otherwise escape liability for the assessment provided herein by
non-use of the Common Areas or by abandonment of his/her Lot.
INITIALS: Purchaser Builder Declarant Date
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(b) The Association may also give written notification to the
holder(s) of any mortgagei~!'~n the ~Lot of the non-paying Owner of
such Owner's default in PaYihg any assessment when such default has
not been cured within thirty (30) days, provided that the
Association has theretofore been furnished in writing the correct
name .and address of the holder(s) of such mortgage.
(c) If any assessment remains unpaid at the expiration of
fifteen. (15) calendar days;from after the due date established by
the Board of Directors, a late charge shall be assessed against the
non-paying'O~ner for each month that any portion of any assessment
remains unpaid. The ~ate charge shall be in the amount of ten
percent (10%) of the then established regular annual assessment for
each Lot A service charge' in the amount of Twenty and No/100
Dollars ($20.00) shall be charged for each. check that is returned
because of insufficient fUnds. The amounts of late charges and
service charges may be adjusted, from time to time, by the Board of
Directors consistent with any changes in the amounts of regular or
special assessments.
(d) If any assessment or part there6f, late charge or service
charge, is not paid when due, the unpaid amount of such assessment
together with all late charges and service charges shall bear
interest from and after the date. when due at the highest permitted
lawful rate per annum, and the Association may, at its election,
retain the services of an attorney for collection and there shall
also be added to the amount of such unpaid assessment, late charge
or service charge, any and all collection costs incurred hereunder
by the Association, including reasonable attorney's fees.
SectiOn 8.09 Rights.0~ City of Coppell. Unless otherwise
approved by seventy-five percent (75.0%) of the outstanding votes
within each voting class, the Association shall not by act or
omission seek to abandon its obligations as established by this
Declaration. However, in the event that:
(a) The Association dissolves and the Common Properties shall
not be either (i) dedicated to and accepted .by an appropriate
municipal corporation, public agency, authority or utility to be
devoted to purposes'aS~near~ly as practicable the same as those to
which such Co~on PrOperties were required to be devoted by the
Association, or (ii)conveyed to another organization or entity
which assumes all obligations i~posed hereunder upon the
Association to maintain said Common Properties; or
(b) The Association, its successors or assigns, shall fail or
refuse to adequately maintain the appearance and condition of the
common Properties which it is obligated to maintain hereunder;
INITIALS: Purchaser Builder Declarant Date
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then, in either such event, the City of Coppell, Texas, shall have
the right, but not the obligation, %o assume the duty of performing
all such maintenance obligations of the Association at any time
after such dissolution, u~on giving written notice to the Owners,
or at any time after the expiration of twenty (20) days after
receipt by the Association, its successor or assigned, of written
notice specifying in detail the nature and extent of the failure to
maintain without such failure being remedied. Upon assuming
such maintenance obligations, the City of Coppell may collect, when
the same be.come due, all assessments, annual or special, levied by
the Association pursuant to the provisions hereof for the purposes
of repairing, replacing, maintaining or caring for the Conunon
Areas; and,. if necessary, enforce the payment of delinquent
assessments in the manner set forth herein. In the alternative,
upon assuming such maintenance obligations, the City of coppel! may
levy an assessment upon each Lot on a pro-rata basis for the Cost
of such maintenance, notwithstanding any other provisions contained
in this Declaration, which assessment shall constitute a lien upon
the Lot against which each assessment is made. During any period
that the city of Coppell assumes the obligation to maintain and
care for the common Area, the Association'shaI] have no obligation
or authority with respect to such ~-~onance The right and
authority of the City of Coppell to maintain the Common Area shall
cease and terminate when the Association, its successors or
assigns, shall present to the City of Coppell reasonable evidence
of its willingness and ability to resume maintenance of the Common
Area In the event the--City of Coppell assumes the duty of
performing the maintenance obligations of the Association as
provided herein, then the City of Coppell its agents,
representatives and employees, shall have right access, ingress and
egress to and over the Common Area for the purpose of maintaining,
improving and preserving the same, and in no event,and under no
circumstances, shall the City of Coppell be liable to the
Association or any Owner or their respective heirs, devisee,
personal repre'sentatiYes, successors and assigns for negligent acts
or construction (excluding, however, malfeasance and gross
negligence) relating in any manner to maintaining, improving and
preserving the Common Areas.
Section 8.10 Subordination of the Lien of Mortgages. The
lien of the assessment provided for herein shall be subordinate and
inferior to the 1.ien of any first mortgage or deed of trust now or
hereafter placed upon the Lots subject to assessment; provide~,
however, that such subordination' shall apply only to the
assessments which have become due and payable prior to the
foreclosure sale, whether public or private, of CKXd" property
pursuant to the terms and conditions of any such mortgage or deed
INITIALS: Purchaser Builder. Declarant __Date
Pa~e 27 of 32 "..
of trust. Such sale shall not relieve such Lots from liability for
the amount of any assessme.B~silthereafter becoming due from the lien
of any such subsequent assessment.
Section 8.11 .Exempt!. Property. The following property
'otherwise subject to thiS: Declaration shall be exempted from
assessments, charges and liens created herein:
(a) All properties dedicated and accepted by the local public
authority and devoted to public use.
(b) All Co~on Properties
(c) 'Any and all areasi'whi'ch may be reserved by Declarant on
the recorded plat(s) of th® Property.
ARTICLE IX
GENERAL POWERS AND DUTIES OF THE BOARD TO DIRECTORS
Section 9.01 powers and Duties. The affairs of the
Association shall be conducted by its Board of Directors
(hereinafter referred to as the "Board"). The Board shall be
selected in accordance With the Articles of Incorporation and
Bylaws of the Association. The Board, for the benefit of the
Common Properties and the.Owners, shall provide, and shall pay for
out of the maintenance fund(s), 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;
(b) Taxes, insurance and utilities (including, without
limitation, electricity; gas, water and sewer charges) which
pertain to the Common Properties only;
(c) The services of a person or firm to manage 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 a manager designated by the Board;
(d) Legal and accounting services;
INITIALS: Purchaser Builder Declarant Date
Page 28 of 32
(e) Any other materials, supplies, furniture, labor,
services, maintenance, repairS,~ structural alteration, taxes or
assessments which the Board is required to obtain or pay for
pursuant to the terms of thes.~ Covenants and Restrictions or which
in its opinion shall be necessary or proper for the operation or
protection of the Association or for the enforcement of these
Covenants and Restrictions.
The Board shall have the following additional rights powers
and duties.:.
(f). To execute ail declarations of ownership for tax
assessment purposes with'regard to .any of the Common Properties
owned by 'it;
(g) To enter into' agreements or contracts with insurance
companies, taxing authorities and the hoIder of first mortgage
liens on the individual Lots with respect to: (i) taxes on the
Common Properties, (ii) maintenance of Common Properties, and (iii)
insurance coverage (if any) on Common Properties, as they relate to
the assessment, collection and" disbursement process envisioned
herein;
(h) To borrow funds to pay costs of operation, secured by
assignment or pledge of rights against delinquent Owner, if the
Board sees fit;
(i) 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;
(j) 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;
(k) To make 'reasonable rules and regulations for the
operation of the Common Properties and to amen~ them from time to
time;
(1) To make available to each Owner within ninety (90) days
after the end to each year an annual report;
(m) 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;
INITIALS: Purchaser Builder Declarant Date
Page 29 of 32
(n) To enforce '2he provisions of these Covenants and
Restrictions and any rule~if~ade hereunder'and to enjoin and seek
damages from any Owner for violation of such provisiOns or rules.
Section 9.02 Board Powers, Exclusive. The Board shall have
the exclusive 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.
Section 9.03 Maintenance Contracts. The Board, on behalf of
the Association, shall haVe:full power and authority to contract
with any.Owner (including, without limitation, Declarant) for the
performance by the Association of services which the Board is not
otherwise required to perform pursuant to the terms hereof, such
contracts to be upon such terms and conditions and for such
consideration as the Board may deem proper, advisable and in the
best interest of the Association.
Section 9.04 Liabi'lit¥ ~m~t~tions. Neither any Member, the
Board, any Director,. nor. a2y Officer of the Association shall be
personally liable for debts con'tracted"f~6r, or otherwise incurred
by the Association,.or for a. tort of another Member, whether such
other Member was acting On 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. Declarant, the Association or any other person,
firm or corporation liable to make such repairs or maintenance
shall not be liable for any personal injury or other incidental or
consequential damages occasioned by any act or omission in the
repair or maintenance of any premises, improvements or portion
thereof.
Section 9.05 Reserve Funds. The Board may maintain and
establish funds which may be maintained and accounted for
separately from other funds maintained for annual operating
expenses and may establish separate, irrevocabl~ trust accounts in
order to better demonstrate that the amounts deposited therein are
capital contributions and-not net income to the Association.
Section 9.06 Restrictions on Contracts. Neither Declarant
nor the Association may directly or indirectly enter into any
management agreement or any other contract on behalf of the
Association which extends beyond the date CIass B memberships '..
cease. The Association may, however, following such date, enter
into new management agreements or other contracts in accordance
with these Covenants and Restrictions.
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Page 30 of 32
ARTICLE X
INSURANCE; REPAIR AND RESTORATION
Section 10.01 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.,. a~y improvements thereon or appurtenant thereto, for
the interest of the Association and of all Members thereof, in such
amount's and with such. endorsements and coverage as shall be
considered good sound insurance coverage for properties similar in
construction, location and use to the Common Properties. Such
insurance may include, 'but need not.be limited to:
(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 insurance replacement value,
excluding foundation and excavation costs.as determined annually by
the insurance carrier.
(b) Public liability and property damage insurance on a broad
form basis.
(c) Fidelity bond for all officers and employees of the
Association having control over the receipt and disbursement of
funds. ~
(d) Officers' and Directors' liability insurance.
Section 10.02 Insurance Proce.eds. The Association and the
Members shall use the net insurance proceeds to repair and replace
any damage or destruction..gf property, real or personal, covered by
such insurance. Any balance from the proceeds of insurance paid to
the Association 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.
Section 10.05 ~nsufficient Proceedsl I~ the insurance
pro=eeds are insuf~i¢ient to repair or replace any loss or damage,
the Association may levy a special assessment of these Covenants
and Restrictions to cover the deficiency.
INITIALS: Purchaser Builder Declarant Date
Page 31 of 32
EXECUTED this,,,j,,il,,day of_ , 19 ,~, '
Address:
By:
Printed Name.
: Title:
STATE OF Texas
COUNTY OF Dallas
BEFORE ME the undersigned authority, appeared , the ,of
a . . ., knoWn'to, me to be the person and officer whose
name is subscribed to the foregoing instrument, and acknowledge to
me that he executed, the same for the purposes and consideration
therein expressed and in the capacities therein stated, on behalf
of such partnership.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 199_
STAMP, PRINT OR TYPE
NOTARY'S NAME AND DATE
COMMISSION EXPIRES Notary Public in and for the State of
Signature(s) of person(s)~whose name(s) will appear on the Deed of
Trust.
Signature of Builder and/or representative'
Signature of Declarant and/or representative
Page 32 of 32