Georgian Place/PP-CS 970407APR 07 '9? 16:03 FR NICHOLS JCKSON DLLRD 214 965 0010 TO COPPELL PZ P~0~×0~
NICHOLS, SACKSON, DILLARD, HAGER & SMITH, L.L.P.
Attorneys & Cotm$¢lors at Law
1800 Lincoln Plaza
500 North A/c4rd
D~llas, Texas 75201
(214) 965-9900
Fax (214)
JOHN F ROI[HM llt
JENNIFER R. OIE"FZE
JASON C. MARSHALL
Roggm' L. O~LI.AOO,
H. LOU~$ N~CHOL$
OF
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Isahelle Moro
Assistant Planning Director
City of Coppell
255 Parkway Boulevard
P.O. Box 478
Coppeli, Texas 75019
April7,1997
RE: Georgian Piaee Owners Association
Dear IsabeUe:
Pursuant to your request the undersigned reviewed the Declaration of Covenants and
Restrictions for Georgian Place Owners Association and provide the following comments.
Initially, we note that the Section 1.01 of the Declaration does not contain a definition of
"common areas." The Declaration should define "common areas" whether in reference to the
common areas as shown on the recorded plat and/or to specific areas or improvements. Please
ensure that the Declaration is amended to provide a definition of"common areas" which includes
at the very least the common areas as shown on the recorded plat. If they are specific areas or
improvements to be maintained by the Developer and later by the Home Owners Association,
please see that such areas are also included.
Next, we note that the Declaration does not contain a provision that allows the City to
maintain the "common areas" and assess the cost ~ a lien against the property in thc event the
Developer and/or the HOA fall to maintain the "common areas." We have previously provided
sample languase for such a provision and a sample appears in the model HOA agreement in the
subdivision regulations.
We did not review the Declaration to determine if the same is consistent with the Zoning
regulations, We will assume that your office has done so.
~515
APR 0? '9? 16:04 FR NICHOLS JCKSON DLLRD 214 965 0010 TO COPPELL PZ P.05×05
Isabelle Moro
April 7, 1997
Page _9_.
Thank you for your attention to this matter. If you have any questions in this regard,
please do not hesitate to contact me.
Very truly yours,
NICHOLS, IACKSON, DILLARD,
HAGER & SMITH, LL.P.
PGS/ttl
Enclosure
Pete~ G. Smith
$Sa515
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
** TOTAL P~GE.05 **
SUBDIVISIQN REGId'LATIONS - CITY OF COPPELL, TEXAS
APPENDIX D - STREETSCAPE PLAN
EXHIBIT A - SAMPLE HOMEOWNERS ASSOCIATION AGREEMENT
ARTICLE V
ASSESSMENTS MAINTENANCE FIJND AND ASSESSMENT LIENS
Section 5.01 The Association shall possess the right, power, authority, and obligation to
establish an annual assessment sufficient in the judgment of the Board of Directors to pay when
due all charges and expenses related to the operation of the Association. Such annual assessments
so established shall be payable by the Owners on the first day of each calendar year. They shall
be applied to the payment of charges for which the Association is responsible, including, without
limitation, charges relating to maintenance and repair, public liability and other insurance
coverage which is required or permitted to be maintained by the Association, taxes, assessments,
and other governmental impositions not separately levied and assessed, utilities not separately
assessed, professional services (such as accounting and legal), and such other costs and expenses
as may reasonably relate to the proper operation, management, and administration of the
Association. No consent or approval of the Owners shall be required for the establishment of
the annual assessments contemplated by this section.
During initial sales and construction phases, Owners other than the original developer
shall pay a pro rata assessment based upon the balance of the remaining calendar year, to be
calculated starting the month following the date of purchase, with one twelfth (1/12) of the
annual assessment calculated for each remaining month of the calendar year. This pro rata
assessment is due and payable within 30 days from the date of purchase. Thereafter, the
assessments are annual as per this section.
Page 136