Oakbend Add/FP-CS 930617LAWRENCE W. JACKSON
TIM KIRK
ROBERT L. DILLARD III
ROBERT E. HAGER
PETER G. SMITH
JOHN PIERCE GRIFFIn
DAVID M. BERMAN
BRUCE A. STOCKARD
NICHOLS, JACKSON, KIRK & DILLARD, L.L.i
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 954-3333
Facsimile (214) 954-3334
June 17, 1993
Ms. Taryon Bowman
Planning and Zoning Coordinator
City of Coppell
P.O. Box 478
Coppell, Texas 75019
Re: Oakbend Estates
Dear taryon:
I have reviewed the Articles of Incorporation, By-Laws and Declaration of
Covenants, Conditions and Restrictions for Oakbend Estates. The most important aspect,
from the City's standpoint, is the absence of any language providing for City access to
the common areas if the association fails to perform its duties and maintenance of those
areas. I understand that you have some "model language" Larry has provided to you
which should fit the bill.
I also recommend that the language be clarified on page 12, section 3, entitled
"Rezoning Prohibited." I would urge the homeowners association to redraw the language
to clarify the fact that the restrictions apply to other members of the homeowners
association and are not meant as an attempt to prevent the City from rezoning the
subdivision to a commercially-zoned area.
Finally, you have asked whether these documents may be drawn up after one-half
of the subdivision has been completed. A homeowners association and its accompanying
documents can be created any time. However, the deed restrictions (Declaration of
Covenants) cannot bind those homeowners which have already bought houses in the
subdivision unless they voluntarily consent to be bound by them. The Oakbend
Declarations specifically state as such. Consequently, only certain lots which have not
been developed will be bound by the Declaration unless the existing homeowners
voluntarily join the homeowners association.
Ms. Ta~on Bowman
June 17, 1993
Page 2
If you have any further questions, please do not hesitate to call.
Very truly yours,
NICHOLS, JACKSON, KIRK & DILLARD
Bruce A. Stockard
BAS/mdm