Windsor Est/PP-CS 980310Kelly S. Jordan
PO Box 1097
Coppell, TX 75019
TIM HAGEN
DIRECT DIAL NUMBER:
(972) 386-0441
HAGEN & PARSONS
A PROFESSION.N, CORPORAl']ON
ATTORNEY8 AND C:OUNIEL.Q4~
NORTH CENTRAL PLAZA THREE
12801 NORTH CENTRAL EXPRESSWAY, SUITE 370
DALLAS, TEXAS 75243
TELEPHONE (972) 386-0440
FAX (972) 386-0443
February 26, 1998
Mr. Kelly S. Jordan
2639 Walnut Hill Lane, Suite 103
Dallas, Texas 75229
Re:
Windsor Estates
Our File No. JORDAN-20
Dear Kelly:
Enclosed is a revised copy of the Declaration of Covenants, Conditions and Restrictions
for Windsor Estates, Coppell, Texas. The definition of "Common Properties" in Article I(h)
was changed to include the area designated as %ommon properties" or "common areas" on the
recorded plat, and Section 6.06 was added at the request of the City of Coppell. Prior to
executing and recording the Declaration, you will need to attach a legal description of the
property as ~ and a description of the Common Properties as Exhibit "B" to the
Declaration.
TDH:cw
Enclosure
If you have any questions or need any assistance in preparing the exhibits, please give
me a call. ry~o
Ve ur5,
B:'~ILBSUORDAN~0U OI~DAN.TDH
AFFBR RECORDINO ~ TO:
Timothy D. H~en
Ha~en & psrsons, p.e.
North Centrsl Plaza Thr~
12801 N. Central Expwy., Suite 3?0
D~llas, Tex~ 75243
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR WINDSOR F~TATES, COPP~LL, TEXAS
TIHS DECLARATION (herein so called) is made this ~ day of ,
1998, by COPPELL OPTIMUM ASSETS, LLC, a Texas limited liability company (hereinafter
referred to as
WITNESSETH:
WHEREAS, Declarant is the owner of the real property referred to in ~ hereof
and described on ~ 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
Wi:IEREAS, 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 ~, together with such additions as may hereafter be made thereto (as
provided in ~ 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
Vtq:~AS, 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
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
and such additions thereto as may hereafter be made pursuant to ~ 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
~") 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 ~ 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 Windsor Estates of Coppell
Residential Association, Inc., a Texas non-profit corporation, which will have the
power, duty and ..x.x.x.r~.nsibili. ty..o.f m.ain .t~fing and ad.mi~i_ ~'s~te_r~l~___g_~e,_C_o..m_~,o..,~
Properties, and collecting ano UlSOUrslng tile assessments anu charge.- ~c,cuuuu;
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) "li.VJa_~" shall mean and refer to the bylaws of the Association,
as may be amended from time to time.
· (f) 'Clm A Members" shall have the meaning set 'forth in ~;ection
3.02 hereof.
(g)
~.02 hereof.
'Class B Members' shall have the meaning set forth in Section
(h) "Common Pronerties' shall mean and refer to (i)those certain
streets, drives, street lights, street signs, traffic control devices, park~, ay areas,
landscaped medians, landscaping improvements, plantings, screening walls,
fencing, sprinkler systems, lakes, fountains, and easements, among other
amenities, as are more particularly described on ~ attached hereto and
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 areas' on .the Plat; and (iii)any areas of land,
impwvements or other property fights 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, j~. so.m.e, i~.s__t,~_ _c~_I
be held as an easement, be leased or may simply ue areas oI lano ma~ arc nu~
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
fights-of-way. The Declarant may. hold record title to all o.r. a portion o,f.th?
Common Properties, consistent with the objectives envisionen herein ano suujec~
to the easement rights herein of the Owners to. use and enjoy the Common
Properties, for an indefinite period of time an¢! 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) '{~7~[tlal' shall mean and refer to COPPELL OPTIMUM
ASSETS, LLC, a Texas limited liability company, and its successors and assigns,
if such successors and/or assigns become same by express assignment by
COPPELL OFFIMUM ASSETS, LLC, of its rights as Declarant hereunder or by
operation of law. No person or entity purchasing one or more Lots from
COPPELL OPTIMUM ASSETS, LLC, 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
~ 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.
3 B: ~qI"E~LIORDAN~0~R'CCI~
(m) 'Plat" shall mean and refer to the Final Plat of Windsor Estates,
an addition to the City of Coppell, according to the map or plat thereof recorded
in Volume , Page of the Plat Records of Dallas County,
Texas.
(n) '~' shall mean and refer to the properties subject to this
Declaration as described on ~ attached hereto, together with such
additions as may hereafter be made thereto (as provided in
ARTICLE H
PROPERTY S~T TO THIS DF_,CLARATION; ADDITIONS THERI~TO
2.01 Existin~ 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 de.scribed on ~ 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 D~c. l_.a~a, ~o.n.o.f
Covenants, Conditions and Restrictions ('Su_m)lementary Declarauon )wmcn
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 Coven.ants. ~d
Restrictions contained in this_Declaration as may t~e necessary to. ren.ect. ?.e
different character, if any, of the added propemes ano as are not ma~enauy
inconsistent with this Declaration in a manner which adversely affects the concept
of this Declaration.
Co) 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?ust have ~.e.prior.wri..Uen ~nsent.~d
approval of the majority of the outstanding votes ,.~nmm each voung class ot me
Association.
(c) Any additions made pursuant to para?aohs Ca} and Co) of this
~i~U_2~, when made, shall automatically extend the-jurisdiction, functions,
duties and membership of the Assoo'ation to the properties added.
(d) The Declarant shall have the right and option [without the joinder,
approval or consent of any per~.n(.s.) or enti~(.ies)], to .cau~ the A...s.~:.!ation etor
merge or consotidate with any s~milar assoc~aUon men having junsmcuon ore
real property located (in whole or in j~art) within one-half (1/2) mile of any real
property then subject to the jurisdicuon of the Association. Upon a me,er or
consolidation of the Association with another association, its properties, rights and
obligations may, by operation of law, be transfen'ed to another surviving or
consolidated association or, alternatively, the properties, rights and obligations of
another assooa' tion may, by operation of law, be added to the properties, rights
4 F.: ~FILI~O~Wn~'DSOR.CCR
and obligations of the Association as a surviving corporation pursuant to a
merger. The surviving or consolidated associa, rion .ma..y. ad.minister the. Co. ven..ants
and Restrictions established by this DeclaraUon w~tmn me rroperu~ togemer
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
[a 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
~ 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 ,~I~B_2~_~, subsequent to s_u.ch a~_n.exafi.on,
merger or consolidation, the Declarant shall be and become a ,~ass ~ lviemoer
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 HI
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, frees, 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 Members shall be all Members with the exception of
Class B Members. Class A Members shall be entifled to one (I) vote for each
Lot in which they hold the interest required for membel'ship. 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 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-
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 s$.II~TAi.~Li~..~I, hereof shall be Members but
shall not have voting rights.
3.03 Quorum, Notice and Voting Requirements.
(a) Subject to the provisions of ~ 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 g~ven to all
Members not less than ten (10) days nor more than sixty (60) days in advance.
(b) Thc quorum required for any action referred to in ~
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 (1/10~) 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
thc laws of the State of Texas.
(c) As an alternative to the procedure set forth above, any action
referred to in ~ 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.
(d) Except as otherwise specifically set forth in this Declaration,
notice, voting and quorum requirements for all actions to be taken by the
Association ~!! be consistent with its Articles of Incorporation and Bylaws, as
same may be amended from time to time.
(e) Except as specifi~y 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 F_~oyment. Subject to the provisions of ~
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, resp~tively, 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; pwvided,
however, such easement shall not give such person the right to make alterations, additions or
improvements to the Common Pwperties.
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 Assodation, 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
Declaran0 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 pwtect the Common Properties against foreclosure;
- 7 - B:~n~P.s~ORD~WINDSOR.C~
(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 .P~.r~i.' .es, four any period during which any
assessment against a Lot owned by such malwaual 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..appro.val
by written consent by the Member(s) having a majority of. ~.e o.utstan, cllngf~o~
of the Members, in the aggregate, regardless of class, to clealcate or trans er
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 portion of the Common Properties
may be located within the platted and dedicated public fights-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, bridg.e, 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 aH permits, licenses or exemptions from any and aH governmental
agencies exercising jurisdiction over the Common Properties and/or the uses or
activities thereon.
ARTICLE V
COVENANTS FOR ASSESSMF~NTS
$.01 Creation of the Lien and Personal Obligation of Assessments. Declarant, for
each Lot owned by it, hereby covenants and agrees,, an.d each purchaser of any Lot by
acceptance of a deed or other conveyance document creating m sucn Owner the interest required
to be deemed an Owner, whether or not it shall be so expressed in any such de~d. or other.
conveyance document, shaH be deemed to covenant and agree (and such covenant an¢! 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 ~
hereof), such assessments to be fixed, established and collected from time to time as herein
8 - E: ~LI~JORDAN~WINDSOR.CC~
provided;~ (2) special assessments for capital improvements and other purposes (as.specifie~!' in
~ hereof), Such assessments to be fixed, established and collected from time to time
as hereinafter provided; and (3) individual spocial assessments levied against one or more
Owners to reimburse the Association for extra costs for maintenance and ~ caused by the
willful or negligent acts or omissions of such Owner or Owners, his tenants (if applicable), and
thei~ respective family, agents, guests and invitees, and not caused by Ordinary wear and tear
(as specified in ~ 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 ~ (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 continu?g
lien upon each Lot against which any such Assessment is made. Each such Assessment, togemer
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. Thc 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 Prope~es;
(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 m
connection therewith and the repair, replacement and additions thereto; (v) paying the cost of
labor, equipment (including the expense of leasing any equipmen0 and material.s required for,
and management and supervision of, the Common Properties; (vi) carrying out me 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 thc 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 shah be undeflaken 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 un. til the date of the conveyance of
the title to the Common Properties to the Association, me 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 pa]men! of
taxes on and insurance in connection with the Common Properties and the cost otrepm.rs,
replacements and additions thereto, and for paying ~e cost of labor, equipment ('.including..the
expense of leasing any equipm_ eh.t) and ma.terial.s req....uir_ _~___ __.for, and m..an~ement and SUl~..nnsion
of, the Common Properties. In this regard, ano until such time as me common ympemes are
- 9 E: ~n ~_q~IORDAN~0~WD~II~OR.C~CR
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 certifi?~
executed and delivered by the Declarant with respect to the amount required by Declarant
maintain the Common Properties hereunder.
5.04 Annual Maintenance Assessments.
(a) Commencing with the year beginning January 1, 1999, 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 ~ 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 ~ 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 ~ 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) y .ea~s. after the date
hereof or until there is no longer any Class B membership, .wtfi'chevcr 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
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 lo~ns 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
requi~d to pay hereunder.
(e) Notwithstanding anything herein contained to the contrary, prior
to January 1, 1999, 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 annu~_, maintenan.?
assessments shall be paid monthly, quarter-annually, semi-annually or annuauy
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
Declaration, the amount ot~ me annum maintenance assessments m ~x~ pmu t~y mc
Member, and ('fii) 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 .M. embe, r shall thereafter pay to
the Association his annual maintenance assessment m sucn 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 Spechd C~pital Assessments ,nd Spechd Individual Assessments.
(a) In addition to the annual maintenance assessments authorized in
~.~ hereof, the Board of Directors of the Association may levy in any
calendar assessment year a spec~_'al capi~ assessm, ent..for the pu.rpo~, of
(i) defraying, in whole or in part, the cost ot any cons~cuon or reconstrucuon,
repair or replacement of improvements upon the Properties or Common
(ii) maintaining portions ot me c;omm_on t'rope~ ana ~mp.r.ov.em. ema m~.~i
or (iii) carrying out other purposes og the Assooauon; prowaen, however, m ~
any sUCho~al capital assessme~.t levi~...b~y ~e A.ss~i,ation
approval the Members in accoroance w~tn
capital assessment levied by the Association shall be prod by the Members dtrectly
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 ~.
(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 frees,
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 roles 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 f'Lxed at a uniform rate for all Lots,
and be payable as set forth hereto.
5.07 Date of Commencement of Assessments; Due Dates; No Offsets. The annual
maintenance assessments provided for herein shall commence on the date f'LXed 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 ~ hereof as the
remaining number of months in that year bears to twelve; provided, however, that if the date
of commencement fails on other than the first day of a month, the annual maintenance
assessment for such month shah 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 ~ hereof shah be fixed in the respective resolution
authorizing such assessment. AH Assessments shah 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 shah 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 shah be open to
inspection by any Owner, at such Owner's sole cost and expense.
(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_asse. s. sment fixed for the preceding
year shall continue until a new assessment is l~xeo.
~.09 Non-Payment of Assessment.
(a) ~. 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 .establish. ed... by the
Board, a late charge in the amount of $15.00 shall be assessed against me non-
paying Owner for each month that any portion of any Assessment remains un.paid..
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.
(h) 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
~ 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 lb'st 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 ~e...B?r.d.. As.
hereinbefore stated, the personal obligation of the Owner mcurren at me ume oz
such Assessment to pay such Assessment shall remain the personal obligation of
such Owner and shall not pass to such Owner's successors in title unless
exuresslvassumed by them in willing. Liens for unpaid Assessments shall not
be'aff~d by any sale or assignment of a Lot and shall .continue in full force, and
effect. No Owner may exempt himself from liability l~or s.uch Assessments .or
waive or otherwise escape liability for the Assessments by non-use o~ me
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 151.002 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 i.s in
default in payment of any Assessment in accordance with this Declaration anotor
the Bylaws until paid in full.
- 14 -
(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 .b~come due ~ pa.y..ab, le pri~or to
a sale, whether public orprivate, of such property purs..uant ~ the terrors ano c~.nmu, on.s .or. any
such mortgage or deed of trust. Such sale shah not relieve the new cromer or such LOt ri'om
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 ~ and ~
hereof:
(a) AH properties dedicated and accepted by the local
public authority and devoted to public use.
(b) AH 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 DUTIES
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 shah ~Aect and appoint the Board of Directors, each of whom shah 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 shah 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:
1~
(a) Cate and pre~rvation of the Common Properties and the furnishing
and upkeep of any desired per~m~ 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 p~ovided in ~ herein.
(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 acce.~ area~, including care of trees, shrubs and
grass, the exact scope of which shall be furthe~ 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 nece~_~ty 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) incideat 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 malerials, supplies, insurance or property owned by the
Association, furniture, labor, services, n~inte~ance, repairs, alterations, taxes or
assessment~ which the Board is required to obtain or I~Y for pursuant to the
terms of this Declaration or by law or which in its opinion shall be neces~ or
proper for the operation or protection of the Association or for the enforcement
of this Declaration.
- 16-
(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
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 tights 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 b}~ 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 ~ay be amended or ...r..epealed by. an in.strume..nt ~. w. riltin~i
signed by a majority of the Members, or, wire respect to a rule appllcame to
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.
(q) Pursuant to ~ 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 rc"place 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 Bosrd 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.
6.1}3 Maintenance Contracts. The Board, on behalf of the Association, shall have full
power and authorit~ to contract with any Owner or any third party for th~ pe~orman,.ce by the~
Association of servtces upon such terms and conditions and for such consideration as me
may deem proper, advisable and in the best interest of the Association.
6.04 Linbility limitations. No Member, officer of the Association or member of the
Board of Directors shah 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
behalf of the Association or otherwise. Neither Declarant, the Association, its directors,
officers, agents, or employ .ees s.~ be liable.for any 'm. cid~tal o.r con..sequ,~ damages for
failure to inspect any prenuses, ~mprovements or poruon mereox or mr iauur~ 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 sepal, tely from
other funds maintained for annual operating expenses and may establish separa~, Lrmvocable
trust accounts in order to better demonstrate that the amounts deposited thereto 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 prom?ting the.mc_re.a_, fion: h,.ea.l. ~, safe~, w.el.f_.a~e_.,__co.~m_m_o..n,.~e.:fi~t~ and
enjoyment of the Owners and occupants oS me Sul}OlVlSlOn, an(l mammmmg me ~u~,,,~,~, and
improvements therein, aH 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 Copl~eil. 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
ARTICLE VII
INSURANCE; BEPAIR AND RESTORATION
7.01 Right to Purdmse Insurance. The Association shall have the right and option
Properties, the improvements, mereon ana appur?~.~ me .r~o, ~.or mc m.~,~o_,_~_~_~_~_~_~ __
and of aH Members thereof, tn such amounts ano Mm SUCh enaorsements ano coverage
be considered good sound insurance coverage for p.rol~e. ~es. si.milar~'tn C~. st~..c~.on: location and
use to the subject property. Such insurance may mclune, out neeo not ~e lmuu~o to:
(a) Insurance against loss or damage by fire and h~,~rds 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 carrier.
(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 Insuranee Proceeds. Proceeds of insurance shaH 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
from the proceeds of insurance paid to me ASSOClaHon, as requlreo m mis tuuvw,
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 repah' or
of this Declarat/on to cover me uena.e~.cy, it me m. su_rsnce, p. wcccu~
shall, as such Owner s undlv~oen responstomty, pay any excess cos~s m rcl~m ~c~, ·
7.04 Mort~g~ Protection. There may be attached to aH 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
~ hereof. The Association shall be responsible to hold said monies or to collect
replacements and shall ensure that all mechamcs, matenmmen s ano s~muar which may
result from said repairs or replacements arc satisfied.
7.05 Destruction of Improvements on Individual Lots. In the event of destruction
(total or partial) to the improvements on any individual Lot due to fire or any other cause each
Owner covenants ~ind agrees to clear and remove any and ail debris resulting from such dama~, e
within two (2) months after the date that the damage occurs and to complete all necessary repatrs
or reconstruction of the damaged improvements within one (1) year after the date that the
ARTICLE VlH
USE OF COMMON FROPERTIES
The Common Properties may be occupied and used as follows:
8.01 Restricted Actions by Owners. No Owner shall permit anything to be done on
or in the Common Prope~es which wo_u. ld violate ~y applicable pubic law or_zo, ni~e~d~m,.an~c~
or which will result in the cancellation ot or increase ot any insurance cam y
Association. No waste shall be committed in or on the Common Properties.
8.02 Dnmage to the Common Properties. Each Owner shall be liable to the
Association for any damage to the C0_m,m,on .Pr. operti~ eau.seal, by He ne. glviigt~sce or willful
, misconduct of the Owner or such Owner s tamuy, guests, pets, tenants or m .
8.03 Rules of the Bonrd. All Owners and occupants shall abide by any_rules ~,d
regulations adopted by the Board. The Board ~.~ ~ve.the l~..w.e.r to ento. r. ce com.puance,.,_W?-
said rules and regulations by all appropriate legat ano eqmtanie rememes, ano an c~vncr
determined by judicial action to.have viola.ted, said rules .angled regulations shall be liable to the
Association for all damages and costs, inciuoing reasonan e attorney's fees, incurred by the
Association in connection therewith.
ARTICLE IX
USE OF PROPERTIES AND LOTS; PROTECTIVE COVF.,N~
The Properties and each Lot situated thereon shall be constructed, developed,
reconsb-ucted, 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 shah 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 ~.rivate si~_gle ..f~nily det~c, bed .residence for the Owner or such
Owner's tenant and their families and domesnc servants employea 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 Aren. No Lot shall be resubdivided; provided, however, that Declarant shah
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 ~e
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 re, subdivided Lot
containing not less than the minimum lot size prescribed by the zoning ordinances of the City
of CoppeR, 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 ~.]iS~J_,9_~ 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 dweiling. Each
dwelling constructed on any Lot in the subdivision shall contain a minimum of three thousand
five hundred (3,500) square feet, of which not less than two thousand five hundred (2,500)
square feet shall be covered ground floor area.
.0s com m Lo. . An . or
consolidate such LOts into a single building i .o?uo.n ~. me.pu.rp?se
this Declaration) and such other ~mprovements as
such consolidation must comply with the rules, ordinances ano reguiauons o~ any governmen,~,
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 wri~n approval of any utility .co .m .p.p.p.p~.y.h..aving..th.e righ.t ~..the use
of such easements. Combining of portions of Lots into a stogie uuuomg sure ~s prommu:o.
9.06 Setback Requirements and Buildin{ Lo~tion. All front, side and rear setbacks
must be approved by the Architectural Co.n .t~ol_C.o. mmi~tte~., a~..d mu.?!, meet .the .r~l, uirements _o,_f
the City of Coppell and the requirements of me t'iat. -lne ~ocauon m me mare resmence 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.
9.0a ach Cot must to th. o.ining s .t e.t ?y
by the Architectural Control I~omnuttee oelore t~e resluenum su-uctmc
be occupied or used.
9.09 Parkln{. 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 regul, a~ons as shall be adopted by the Board of Directors. Parking in drivewa..y.s is
permitted, provided, however, no inoperable vehicles, no stored vehicles, or vehicles not uriC, zed
on a daily basis shall be permitted to be parked or stored in driveways.
21 I~U~ILlm~ORDAIq~mWn~SOit .CCR
9.10 Access. No driveways or roadways may be constructed on. any.Lot to pro~d.e
access to any adjoining Lot except ns expre~..ly provided on the Pht, or omerw~se approveo m
writing by the Architectural Control Comnuttee.
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.~e .c?tents..there~.f o.n any .Lot .cau. sed
by any water levels, rising ~, or drainage waters. Ar, re' me re~oence to oe consu'uctm on
a Lot has been substantially completed, the Lot will be graded so th.at surf.a.ce water will
generally flow to streets, alleys, drainage easements, or Common Properties, ana m conformity
with the general drainage plans for the subdivision.
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 consmiclion. The installation and use of any propane, butane, LP
Oas or other gas tank, bottle or cylinder of an.y 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 ail 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.
- 22 -
(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
then existing ordinances, sumoaras ano cooes pwmmgaten oy me ~..lty ot ~uFln~ ·
(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 _p~ols. s. hall b? installed.on.any
Lot. This provision is not intended to prohibit intlatal~le pools, no greater man
twenty-four inches (24') in depth, typically used by toddlers.
(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, car~t, 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 _re_m_a~_-
above the roof of any residential building with the exception ot one or mor~
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 .s~ce.f. or a minimum of two (2) conventional automobiles. All garage
doors shall be equipped wtth an automatic and remote controlled door opener, and shall be
closed at all times when not in use...Detached g.arages., ~servan.~ qua?rs, and.st,o~,g,?_ ,_r~o?___~ts'
must be approved in writing by the Architectural Control comnuttee, ino carport snaa tm ou ,
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 .e~..er be ch .a. nged~ altered, reconstructed
or otherwise converted for any purpose inconsistent wire me garaging o 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
- 23
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. AH 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
with a clear or neutral stain or sealer, that does not conffict 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 Con_trol Committee. No chain ~ fence or other wire type. fen. ce
shall be erected on_any Lot except for tempo.ra~..ch~ain ~ fe~c. rog. install.ed al..o, ng .the. pe.n. me~er.
of the subdivision for interim security. Chain un~: tencmg on tenms courts wm omy oe auowea
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 failx 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 trazh must be kept neatly comained 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 az the construction progre,~es without
unreasonable delay, until completion of the improvements, af~ 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.
9.111 Exterior I,ightln_o. 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 lig.ht, is objectionable, the Owner
of the Lot on which same is located will immediately remove smo 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 s~le be permitted. All radio or television aerial wires or
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 right 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 period 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 right 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.
- 25 ~ ~n.~O~At~O~wn, n~o~.ec~
9.23 Removsfl of Dirt. The digging of dirt or the removal of any dir~ 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
9.24 Drilling and Minin_~ Operations. No oil drilling, water drilling or development
operations, oil refining,.q .uar.ryin. ' g o.r mini.n._g .ope.ratio. ns of.any .kind ,s _h~_~ _b~._~pe.__r~i_'_t~l_ .~U~l~n
in an~( Lot, nor shall oil weus, wa~ .w. eus, .t~n~,.tu~. e~s,_m~, e~ ~xcavau.~,~_~
penmtted upon or in any Lot. No demck or omer structure designed tor use m ~ormg
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 beck..me, an annoyance or nuisance to
the other Owners. No animals, livestocg or poultry ot any reno 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 lr~shing. No wading, swimming, boating or fishing shall be
allowed in any !_~ke, waterway or drainage way situated within the Common Properties.
9.27 Duty of Maintenance.
(a) Owners and occupants (including les.se s. ) any t.s aU, join
and severally, have the duty and responsibility, at meir so~e cost ano expense,
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 all litter, trash, refuse and waste;
(il) Lawn mowing and edging of all curbs and edgeways
on a regular basis;
('fii) 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;
and attractive;
Keeping lawn and garden areas alive, free of weeds,
Keeping parking areas, driveways and curbs in good
26 -
(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 ~ be Common Properties maintained by
applicable governmental authorities or the Association; and
(xi) Repainfing of improvements.
Co) 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 ma_idng 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 ~ 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 fight 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. l.es.see, s. ) of a~. y..L~.t .on..whic~dh
work is performed pursuant to ~ ana ~ anove snau, jomuy ga.
severally, be liable for the cost of such work [such costs constituting a speom
individual assessment as specified in ~f~i.~O_.5..~lfl~ 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 shah have the identical powers and rights in ah 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
~ attached hereto. All landscaping and improvements placed or erected on the
Common Properties by Declarant shall be owned and maintained by the Association.
- 27-
9,29 Retninln~ Walls, Retaining walls visible from the streets or any portion of the
Common Properties, including but not limited to those facing the lake, sh .a~l. be restricted to
structurally engineered ~d de~!g.ned w,,~s, m,ade...from na_t~-al ~ or. ~_h,,t .f_a .~=_ ..c~_.n__c[e. ~
masonry units .marc .h}nl~ the ~g .?s. m .mi ~0m.m..on
Declarant, the Association and the Arcmtecmrai ~ontrol t;omnuttee ~o promot~ wsum
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
on the 'high' side Lot and a retaining ~ is required b~y the...A~-chitec~., ral Con ..t[ol Committee
or the City of CoppeH in connection with the construction o! the resmence on me 'low' side
Lot.
9.30 Mntlboxes. All mailboxes shall be constructed of stone, rock or brick identical
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 shah be permitted; provided,
however, in no event shall such structure be allowed in the area between the front of the
dwelling and the street adjacent thereto.
ARTICLE X
ARCHITECTURAL CONTROL COMMIITEE
10.01 Are. hitecturnl Control Committee. And as long as Declarant holds title to any
of the Lots, the Architectural Control Committee, hereinafter called the ~lllllllill~, 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 shaH be composed of such
individuals selected by a vote of the Board of Directors of the Association. The Committee shall
use its best efforts to promote and ensure a high level of quality, harmony and conformity
throughout the Properties. The Committee shall function as the representative of the Owners
for the purposes herein set forth as well as for all other purposes consistent with the creation and
preservation of a first-class residential development.
A majority of the Committee may d~!gna.? a .re:p..res~..tative ~ .act for it. In the event
of the death or resignation of any member ot me ~omnuttee, me remauung members shall have
full authority to designate and appoint a successor. Other than as set forth in ~
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 negligen, ce _o.r a~.itrary and.. capri??us cond.uct.), .afi~'sing_o_u_t_o_!~i
performed, actions take, or mactions m connecuon w~m ~y u. noe_r~a, ng,. respon, s.~m.~y~
activity hereunder or roe~o uest for action hereunder. At any time, me ~x:~arant may ae~eg~e
assign to the Board Directors, all' of the Declarant's power and right to change the
membership of the Committee, to witharaw or add powers and duties from or to the Committee,
or to restore the powers and duties of the Committee. Such a~tion by the Declarant shall be
effective upon recordation of a written instrument properly reflecting same in the Office of the
County Clerk of Dallas County, Texas.
10.02 Architecture! Approval. No building, structure, shed, fence, wall, tennis court,
or improvement of any kind or nature shall be erected, constructed, plac~l, altered, changed or
modified on any Lot until the plot plan showing the location of such building, structure, paving
- 28 -
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 o.f external design, color, texture, type and .ap?ar~..?.. of exterior
surfaces and landscaping with existing structures and existing landscaping, tm)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 b? set forth in bull .etins
promulgated by the Committee. In connection with the submission of such plot plan,
construction plans and specifications, ~d .i~~g..~an~dAgradin.g P!_a~_.S_,_th_e-
require that the submitting party pay a tee ot up to.$7.~u..oo per suorms, s~.o. n, w.m?
payable to the Committee or, if the Committee edects, to a representauve oes~gnateo oy mc
Committee to review such plans and specifications. The Comnuttee ~s 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 specificatiOnSe~t the approval of the
Committee, one complete set of plans and specifications will be retain y 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 nO, er they have been submitted, then Committee approval
shall be presumed; provided, however, that nothing in this par~raph shall affect in any way the
method for seeking or granting variances, as described in ~ 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 re. view an.y..and .~1 aspe~...ts
of dwelling construction, construction of other improvements and location, quattty ano quanuty
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
may ,mpose U=ts upo, o, .??
overlook the enclosed patio area ot an aojacent resmenum owr_~,,~, ttt~, _. ..............
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.
Tne Committee may, from time to _~ne, publish and promulgnte nrchitecturnl
stnndnrds buHettns and/or design gnidelines which shall be fair, rensonnble and uniformly
- 29-
applied and shall carry forward the spirit and intention of this Declaration. Such bulietim
and guidelines shall supplement these Covenants and Restrictions and are incorporated
herein by reference. The Committee shah 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 CONSTRU~G ANY STRUCTURE ON
A LOT, EACH PROSPECTIVE PURCHASER, TRANS AFAFF~, MORTGAGEE, AND/OR
OWNER IS STRONGLY ENCOURAGED TO CONT THE ARC~L
CONTROL COMMITTEE TO OBTAIN AND REVIEW THE MOST RECENT
ARCItlTECTURAL STANDARDS BULLETINS AND DESIGN GUIDELINES WHICH WILL
CONTROL THE DEVELOPMF2qT, CONSTRUCTION, LANDSCAPE AND USE OF THE
LOT AND THE STRUC"FURF-~ TO BE CONSTRUCTED THEREON.
THE ARCI-HTECTURAL STANDARDS BULLETINS AND DESIGN GUIDELINF~
MAY CONTAIN STANDARDS, REQ~, OR LIMITATIONS IN ADDITION TO
THOSE EXPRESSLY SET FROTH OR REFER~I=.D TO IN THIS DECLARATION AND
MORE STRING~ STANDARDS, REQUIREMEN'~, OR LIMITATIONS THAN THE
SPECIFIC STANDARDS, REQUIREMENTS OR LIMITATIONS SET FORTH OR
REFERRED TO IN THIS DECLARATION.
10.03 Ynrinnces, 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, stan.~, d.s, the Co.v.en.an.ts ..an.d
Restrictions, or the previously pub_lished..arc.hi _teXtural bu. lletms which ~ pm. vaoeo ,m..t~, s
: mtion or which be m ca. :
in basic conformity with and shall blend_ .eff~tiveiy..w~m, m..e.ge.n.e?~..arcmtec~mr~__ s~_~_.~_~_
design of the community. No member of we c:omnuttee snau oe uat~le to any t~vner or omer
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
commie's risht to ict y encore, the Co e ts, . .esuic ..ons, hi _
published archi.tecta., ?al bulletins prowded he..re~..noer ag._mnst any.o..mer tm, net.. ~a..cn. SUCh .w~..t?
request must identify and set forth in detail the specific restriction or stanc~-o trorn wmcn a
variance is sought and describe in complete d. eta~l.' the.exact na. ture o.f.~e .v.?i.~ce sou. g. ht._ .An~t.
grant of a variance by the C.ommittee .must ~ .m .wntmg .ano m.us.t, ioenu~..m narr. a. uve ?_e~
both the standards from which a variance is oemg sought aaa me specinc variance oe g
granted.
10.04 Nonconforming and Unnpproved 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 improvemen0 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.
o~,- ,,m,~,.rs directors- members, employees ano agenus o~ an~ .or re.em, snau .oe .
u,~- ~- .... ~ ' · · ' ' val or r,o an
damages to anyone subnuttmg plans and specifications to any of bern tor appro , _ .y
Owner by reason of mistalce m judgment, negligence, or nonfeasance arising out of or m
_ai3pr~.ve or disapprove any such plans
connection with the apl~ml or disapproval or failure to
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, member~, .e .mploy..ees, o.r ag~ts of .any 0~f ~e__m_,_ ~f a~fi~
such damages and hereby releases and qmtc~ms au cimms, aemanas ana caus~
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 reiease does not extend to claims, demands
and causes of action not known at the time the releas~ 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 Commitice, the members of thc Committee, the D~clarant
nor the Association assumes liability or responsibility therefor, nor for any defect in any
structure constructed from such plans and specifications.
ARTICLE XI
11.01 In~ress ~nd F4ress by the Association. The Association shall, at ail times, have
full fights of ingress and egress over and upon each Lot for the maintenance and repair of each
Lot and the Common Prolm'ties in accordance with the provisions hereof, and for thc carrying
by the Association of its functions, duties and obligations hereunder; provided, that any such
ss ~ tical, and any e causeo vy me ^ssocla.uon s cuuy, o_,,:~, .u,..,, ~.~.i,,~,,.-. .,
_prac . _aan~.. · · ' 'n
the Owner, shall be repaired by the Assooation at be expense of be ^ssocmuo .
11.02 General. The fights and duties of the Owners with respect to sanitary se~vh~
water, electricity, natural gas, telephone and cable television lines and drainage facilities s
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 p~rtion 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.
Co) Wherever (i) sanitary sewer or water service connections, (ii)
natural gas, electricity, telephone or ~.cable ,~.!.evision '.li~.es, or (iii) drainage
facilities are installed within the Properties, wmcn connecuons, lines or facilities
serve more than one Lot, the Owner of each .Lot .served b.y ~s~d .conne.c...tions,..lin~
or facilities shall be entitled to the full use and enjoyment oI SUCh poruons or sma
connections, lines or facilities which service such Owner's LOt.
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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 ~ of Utility ~ents. Easements for installation and maintenance
of utilities are reserved as shown and provided for on Otc 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,
walkways, patios, brick walls and fences, provided the Declarant or builder makes prior
arrangements with the utility companies fu .r~.shing .el. ec .tri.c., storm sewer, sanita~...sewfr, water~,
natural gas and telephone service and provides ana mstaus any necessary conauit ot aPl~.roveo
type and size under such driveways, wa_lkways, 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 emerg.enc~ v.ehicles at~.d other service vehicles to enter upon
the Common Properties, including but not linutecl to private streets, in.the performance of their
duties; and further, an easement is hereby granted to the Association, its officers, d' .~ectors,
agents, employees and management personnel to enter the Common Properties to renoer any
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, settling 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 thc 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
- 32 - ~m~s~o,o,a,~zwn, n~,.cc,
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 ~ l.oc~..te~, on o..r adj .a~..nt ~ such _._O~__e.r.'_.s,,...L~_t.,,...It
is the responsibility of each .Owner..to re.au?tam mat. po.ru0n, o! me 1 .a~.os?pmg._~_~_um~._u.._u~.
easement which is enclosed by me wau on metr respecuve LOt, hOWever, me ^ssooauon roms,.-,
the right to enter upon the Properties and perform such maintenance as necessary.
11.09 lh-ain~e 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.
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 _re._~:cti.v.e l.eg. al..rel.~.~_tativ, es,..heir.s, successors and
assigns, for a term of thirty-five (35) years from me oate mat m~s oec~arauon ~s 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 ofi~..~s~;~l_~,~t 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;
Co) 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 ~di.~B_i3..,J~ 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 ~i911..12~2, (a) the
33
Declarant may execute and record amendments to this Declaration without such consent or
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 Enfo~ent. Enforcement of these Covenants .a~.d .Restricfi.ons s~all .be by .a~.y
them, or to recover damages, or to enlorce any uen createa oy mese ~ovr, nan~ ~u~u x~-,.,.,~**, ,
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 Severnbility. 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 Hendin~. 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_Me.m..ber o.r
Owner under the provisions of this Declaration shall be deemed to have been properly deuvereo
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 Mort~ngees. 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 Terminntion of and Responsibility of Declnrnnt. If Declar~n..t sh~. convey ~
of its right, title and interest in and to the Properties and assign all its rights, benefits ano
obligations as Declarant hereu_nder to any .partn .ers.hip,, individual or individuals, corporation or
corporations, then and in such event Declarant snatt 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 ~ WItE, RF_~Ir, the Declarant has caused this instrument to be executed as
of the day of ., 1998.
COPPELL OFrlMUM ASSETS, LLC,
a Texas limited liability company
By:
Kelly Jordan, Manager
- 34-
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a No~,'y Public in and for the State of Texas,
on ~his day personally appeared KELLY JORDAN, the Manager of COPPELL OPTIMUM
ASSETS, LLC, a Texas limited liability company, 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 opacity therein stated and as the
act and deed of such company.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 1998.
My Commission Expires:
Notary Public, State of Texas
(Printed or Typed Name of Notary)
35-
EXHIBIT
[Insert metes and bounds descrilXion of the Property]
- 36 -
EXHIBIT
COMMON PROPERTIES
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