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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 ~ FACSIlVffI'-~ 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