Windsor Est/FP-CS010315TIM HAGEN
DIRECT DIAL NUMBER:
(972) 386-0441
HAGEN & PARSONS
A PROFESSIONAL CORPORATION
ATTORNEYS AND COUNSELORS
NORTH CENTRAL PLAZA THREE
12801 NORTH CENTRAL EXPRESSWAY, SUITE 370
DALLAS, TEXAS 75243
March 15, 2001
TELEPHONE (972} 386-0440
FAX (972) 386-0443
Mr. Kelly Jordan
Lexington Property Management, Inc.
2639 Walnut Hill Lane, Suite 200
Dallas, Texas 75229
Re.'
Windsor Estates Addition
Our File No. JORDAN-20
Dear Kelly:
Enclosed is a copy of the most recent draft of the Declaration of Covenants, Conditions and
Restrictions for Windsor Estates Addition.
a call.
TDH:c
If you have any questions or need any assistance in preparing the exhibits, please give me
Very t~ yours,
Enclosure
G:\FiIcs'UORDAI~2OLIordaa Kelly La' 3-15-01.wpd
AFTER RECORDING RETURN TO:
Tim Hagen
Hagen & Parsons, P.C.
North Central Plaza Three
12801 N. Central Expwy., Suite 370
Dallas, Texas 75243
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR WINDSOR ESTATES ADDITION, COPPELL, TEXAS
THIS DECLARATION (herein so called) is made this __ day of ,
2000, by COPPELL OPTIMUM ASSETS, LLC, a Texas limited liability company (hereinafter
referred to as "Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of the real property referred to in Article II hereof
and described on Exhibit "A" 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
WHEREAS, 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 Article II, together with such additions as may hereafter be made thereto (as
provided in Ankle II) 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
WHEREAS, 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
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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 Article II,
and such additions thereto as may hereafter be made pursuant to Articl~ II 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 "Covenants and Restrictions") 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 Article X 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 responsibility of maintaining and administering the Common
Properties, and collecting and disbursing the assessments and charges hereinafter
prescribed, and will have the right to administer and enforce the Covenants and
Restrictions.
(d) "Board" or "Board of Director~;" shall mean and refer to the board
of directors of the Association.
(e) "Bylaws" shall mean and refer to the bylaws of the Association, as
may be amended from time to time.
(f)
hereof.
"Class A Members" shall have the meaning set forth in Section 3.02
(g)
hereof.
"Class B Members" shall have the meaning set forth in Section 3.02
(h) "Common Pro~rtie$" shall mean and refer to (i) those certain
streets, drives, street lights, street signs, traffic control devices, parkway areas,
landscaped medians, landscaping improvements, plantings, screening walls,
fencing, sprinkler systems, lakes, fountains, and easements, among other
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amenities, as are more particularly described on Exhibit "B". 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,
amprovements or other property rights 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, in some instances, be
held as an easement, be leased or may simply be areas of land that are not 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
rights-of-way. The Declarant may hold record title to all or a portion of the
Common Properties, consistent with the objectives envisioned herein and subject
to the easement rights herein of the Owners to use and enjoy the Common
Properties, for an indefinite period of time and 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) "Declarant" 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 OPTIMUM 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
Article III 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.
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(m) "Plat" shall mean and refer to the Final Plat of Windsor Estates
Addition, 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) "Properties" shall mean and refer to the properties subject to this
Declaration as described on Exhibit "A" attached hereto, together with such
additions as may hereafter be made thereto (as provided in Article II).
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION; ADDITIONS THERETO
2.01 Existing 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 described on Exhibit "A" 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 Declaration of
Covenants, Conditions and Restrictions ("Supplementary Declaration") which 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 Covenants and Restrictions
contained in this Declaration as may be necessary to reflect the different character,
if any, of the added properties and as are not materially inconsistent with this
Declaration in a manner which adversely affects the concept of this Declaration.
(b) In the event any person or entity other than the Declarant desires to
add or annex additional residential and/or common areas to the scheme of this
Declaration, such proposed annexation must have the prior written consent and
approval of the majority of the outstanding votes within each voting class of the
Association.
(c) Any additions made pursuant to Paragraphs (a) and Co) of this
Section 2.02, when made, shall automatically extend the jurisdiction, functions,
duties and membership of the Association to the properties added.
(d) The Declarant shall have the right and option [without thejoinder,
approval or consent of any person(s) or entity(ies)] to cause the Association to
merge or consolidate with any similar association then having jurisdiction over real
property located (in whole or in part) within one-half (~A) mile of any real property
then subject to the jurisdiction of the Association. Upon a merger or consolidation
of the Association with another association, its properties, rights and obligations
may, by operation of law, be transferred to another surviving or consolidated
association or, alternatively, the properties, rights and obligations of another
association may, by operation of law, be added to the properties, rights and
obligations of the Association as a surviving corporation pursuant to a merger. The
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surviving or consolidated association may administer the Covenants and
Restrictions established by this Declaration within the Properties together 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, title, and interest in the Properties, the Declarant shall continue to be
entitled to implement and exercise all its rights under and pursuant to this
Section 2,02 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 Section 2.02, subsequent to such annexation, merger or
consolidation, the Declarant shall be and become a Class B Member 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 Ill
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,
fines, 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. Class A Members shall be all Members with the exception of
Class B Members. Class A Members shall be entitled to one (1) vote for each Lot
in which they hold the interest required for membership. When more than one
person holds such interest or interests in any Lot, all such persons shall be
Members, and the vote for such Lot shall be exercised as they, among themselves,
determine, but in no event shall more than one vote (1) be cast with respect to any
such Lot.
CLASS B. 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
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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 Section 5.1 1 hereof shall be Members but
shall not have voting rights.
3.03 Quorum, Notice and Voting Requirements.
(a) Subject to the provisions of Paragraph (c) 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 given to all Members not
less than ten (I0) days nor more than sixty (60) days in advance.
(b) The quorum required for any action referred to in Paragraph ia) 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 (l/10th) 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
the laws of the State of Texas.
(c) As an alternative to the procedure set forth above, any action
referred to in Paragraph Ia) 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.
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(d) Except as otherwise specifically set forth in this Declaration, notice,
voting and quorum requirements for all actions to be taken by the Association shall
be consistent with its Articles of Incorporation and Bylaws, as same may be
amended from time to time.
(e) Except as specifically 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 Enjoyment. Subject to the provisions of Section 4.03
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, respectively, 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; provided, however, such
easement shall not give such person the right to make alterations, additions or improvements to
the Common Properties.
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
Association, 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
Declarant) 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 protect the Common Properties against foreclosure;
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(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 Properties for any period during which any assessment
against a Lot owned by such individual 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 approval by
written consent by the Member(s) having a majority of the outstanding votes of the
Members, in the aggregate, regardless of class, to dedicate or transfer all 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 rights-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, bridge, 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 all
permits, licenses or exemptions from any and all governmental agencies exercising
jurisdiction over the Common Properties and/or the uses or activities thereon.
ARTICLE V
COVENANTS FOR ASSESSMENTS
5.01 Creation of the Lien and Personal Obligation of Assessments. Declarant, for
each Lot owned by it, hereby covenants and agrees, and each purchaser of any Lot by acceptance
of a deed or other conveyance document creating in such Owner the interest required to be deemed
an Owner, whether or not it shall be so expressed in any such deed or other conveyance
document, shall be deemed to covenant and agree (and such covenant and 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 Section 5.04 hereof), such
assessments to be fixed, established and collected from time to time as herein provided;
(2) special assessments for capital improvements and other purposes (as specified in Section 5.05
hereof), such assessments to be fixed, established and collected from time to time as hereinafter
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provided; and (3) individual special assessments levied against one or more Owners to reimburse
the Association for extra costs for maintenance and repairs caused by the willful or negligent acts
or omissions of such Owner or Owners, his tenants (if applicable), and their respective family,
agents, guests and invitees, and not caused by ordinary wear and tear (as specified in Section 5,0~
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 Section 5.01 (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 continuing lien upon each Lot against which
any such Assessment is made. Each such Assessment, together 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. The 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 Properties; (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 in connection therewith
and the repair, replacement and additions thereto; (v) paying the cost of labor, equipment
(including the expense of leasing any equipment) and materials required for, and management and
supervision of, the Common Properties; (vi) carrying out the 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 the Association.
5.03 Improvement and Maintenance of the Conunon Properties Prior to Conveyance
to the Association. Initially, all improvement of the Common Properties shall be the
responsibility of the Declarant and shall be undertaken 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 until the date of the conveyance of the title
to the Common Properties to the Association, the 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 payment of taxes on and insurance in
connection with the Common Properties and the cost of repairs, replacements and additions
thereto, and for paying the cost of labor, equipment (including the expense of leasing any
equipment) and materials required for, and management and supervision of, the Common
Properties. In this regard, and until such time as the Common Properties are 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
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that such Assessments are required by Declarant to maintain the Common Properties as set forth
in this Paragraph. The Association may rely upon a certificate executed and delivered by the
Declarant with respect to the amount required by Declarant to maintain the Common Properties
hereunder.
5.04 Annual Maintenance Assessments.
(a) Commencing with the year beginning January I, 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 Section 5.04(c) 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 Section 5.04(b) 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 Section 3.03 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 ann ual maintenance assessment shall be payable.
Notwithstanding the foregoing for a period of three (3) years after the date
hereof or until there is no longer any Class B membership, whichever 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 loans from Declarant
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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 required 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.
(0 The Board of Directors may provide that annual maintenance
assessments shall be paid monthly, quarter-annually, semi-annually or annually 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 year, (ii)
determine, in a manner consistent with the terms and provisions of this
Declaration, the amount of the annual maintenance assessments to be paid by each
Member, and (iii) 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 Member shall thereafter pay to
the Association his annual maintenance assessment in such 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 Special Capital Assessments and Special Individual Assessments.
(a) In addition to the annual maintenance assessments authorized in
Section 5.04 hereof, the Board of Directors of the Association may levy in any
calendar assessment year a special capital assessment for the purpose of
(i) defraying, in whole or in part, the cost of any construction or reconstruction,
repair or replacement of improvements upon the Properties or Common Properties,
including the necessary fixtures and personal property related thereto
(ii) maintaining portions of the Common Properties and improvements thereon, or
(iii) carrying out other purposes of the Association; provided, however, that any
such special capital assessment levied by the Association shall have the approval
of the Members in accordance with Section 3.03 hereof. Any special capital
assessment levied by the Association shall be paid by the Members directly to the
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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 Section 5.05.
(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 fines,
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 rules 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 fixed at a uniform rate for all Lots, and
be payable as set forth herein.
5.07 Date of Commencement of Assessments; Due Dates; No Offsets. The annual
maintenance assessments provided for herein shall commence on the date fixed 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 Section 5.04 hereof as the remaining number
of months in that year bears to twelve; provided, however, that if the date of commencement falls
on other than the first day of a month, the annual maintenance assessment for such month shall
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
Section 5.05 hereof shall be fixed in the respective resolution authorizing such assessment. All
Assessments shall 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 shall 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 shall 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
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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 assessment fixed for the preceding year
shall continue until a new assessment is fixed.
5.09 Non-Payment of Assessment.
(a) Delinquency. 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
pay ment 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 established by the Board, a late charge in the
amount of $15.00 shall be assessed against the non-paying Owner for each month
that any portion of any Assessment remains unpaid. 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.
(b) 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
Section 5.09(a) 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 first 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 the Board. As hereinbefore
stated, the personal obligation of the Owner incurred at the time of 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 expressly
assumed by them in writing. Liens for unpaid Assessments shall not be affected
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by any sale or assignment of a Lot and shall continue in full force and effect. No
Owner may exempt himself from liability for such Assessments or waive or
otherwise escape lia'bility for the Assessments by non-use of the 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 cos'ts 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 51.002 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 fights of any Owner who is in
default in payment of any Assessment in accordance with this Declaration and/or
the Bylaws until paid in full.
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(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 become due and payable prior to
a sale, whether public or private, of such property pursuant to the terms and conditions of any
such mortgage or deed of trust. Such sale shall not relieve the 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.
5.11 Exempt Property.
The following property subject to this Declaration shall be exempted from
the assessments, charges and liens created in Section 5.04 and Section 5.05(a~
hereof:
(a) All properties dedicated and accepted by the local
public authority and devoted to public use.
(b) All Common Properties.
5.12 Estoppel lnfor[nation from Board with Respect to ~ments. 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 shall
select and appoint the Board of Directors, each of whom shall 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 shall 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:
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(a) Care and preservation of the Common Properties and the furnishing
and upkeep of any desired personal 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
provided in Section 6.05 herein.
Co) 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 access areas, including care of trees, shrubs and
grass, the exact scope of which shall be further 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 necessary 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.
(0 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) incident 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 materials, supplies, insurance or property owned by the
Association, furniture, labor, services, maintenance, repairs, alterations, taxes or
assessments which the Board is required to obtain or pay for pursuant to the terms
of this Declaration or by law or which in its opinion shall be necessary or proper
for the operation or protection of the Association or for the enforcement of this
Declaration.
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(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 rights 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 by suit or otherwise, to sue or defend in any court of law on behalf of the
Association and to provide adequate reserves for repairs and replacements.
(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 may be amended or repealed by an instrument in writing signed
by a majority of the Members, or, with respect to a rule applicable to less 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.
(cO Pursuant to Article VII 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 replace 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 Board 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.
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6.03 Maintenance Contracts. The Board, on behalf of the Association, shall have full
power and authority to contract with any Owner or any third party for the performance by the
Association of services upon such terms and conditions and for such consideration as the Board
may deem proper, advisable and in the best interest of the Association.
6.04 Liability Lhnitations. No Member, officer of the Association or member of the
Board of Directors shall 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 employees shall be liable for any incidental or consequential damages for failure to inspect any
premises, improvements or portion thereof or for failure to repair or maintain the same.
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 separately from
other funds maintained for annual operating expenses and may establish separate, irrevocable trust
accounts in order to better demonstrate that the amounts deposited therein 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 promoting the recreation, health, safety, welfare, common benefit, and enjoyment of
the Owners and occupants of the subdivision, and maintaining the subdivision and improvements
therein, all 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 Coppell. 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") or as provided
herein, 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 Properties.
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ARTICLE VII
INSURANCE; REPAIR AND RESTORATION
7.01 Right to Purchase Insurance. The Association shall have the right and option to
purchase, carry and maintain in force insurance covering any or all portions of the Common
Properties, the improvements thereon and appurtenant thereto, for the interest of the Association
and of all Members thereof, in such amounts and with such endorsements and coverage as shall
be considered good sound insurance coverage for properties similar in construction, location and
use to the subject property. Such insurance may include, but need not be limited to:
(a) Insurance against loss or damage by fire and hazards covered by a
standard extended coverage endorsement in an amount which shall be equal to the
maximum insurable replacement value, excluding foundation and excavation costs
as determined annually by the insurance carrier.
Co) 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 Insurance Proceeds. Proceeds of insurance shall be disbursed by the insurance
carrier 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 damage
or destruction of property, real or personal, covered by such insurance. Any balance from the
proceeds of insurance paid to the Association, as required in this Article, remaining after
satisfactory completion of repair and replacement, shall be retained by the Association as part of
a general reserve fund for repair and replacement of the Common Properties.
7.03 Insufficient Proceeds. If the insurance proceeds are insufficient to repair or
replace any loss or damage, the Association may levy a special assessment as provided for in
Article V of this Declaration to cover the deficiency. If the insurance proceeds are insufficient
to repair or replace any loss or damage for which an Owner is bound hereunder, such Owner
shall, as such Owner's undivided responsibility, pay any excess costs of repair or replacement.
7.04 Mortgagee Protection. There may be attached to all 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 of Section 7.02
hereof. The Association shall be responsible to hold said monies or to collect additional monies
if the proceeds are insufficient to pay for the cost of all repairs or replacements and shall ensure
that all mechanics', materialmen's and similar liens which may result from said repairs or
replacements are satisfied.
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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 and agrees to clear and remove any and all debris resulting from such damage
within two (2) months after the date that the damage occurs and to complete all necessary repairs
or reconstruction of the damaged improvements within one (1) year after the date that the damage
Occurs.
ARTICLE VIII
USE OF COMMON PROPERTIES
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 Properties which would violate any applicable public law or zoning ordinance
or which will result in the cancellation of or increase of any insurance carried by the Association.
No waste shall be committed in or on the Common Properties.
8.02 Damage to the Common Properties. Each Owner shall be liable to the
Association for any damage to the Common Properties caused by the negligence or willful
misconduct of the Owner or such Owner's family, guests, pets, tenants or invitees.
8.03 Rules of the Board. All Owners and occupants shall abide by any rules and
regulations adopted by the Board. The Board shall have the power to enforce compliance with
said rules and regulations by all appropriate legal and equitable remedies, and an Owner
determined by judicial action to have violated said rules and regulations shall be liable to the
Association for all damages and costs, including reasonable attorney's fees, incurred by the
Association in connection therewith.
ARTICLE IX
USE OF PROPERTIES AND LOTS; PROTECTIVE COVENANTS
The Properties and each Lot situated thereon shall be constructed, developed,
reconstructed, 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 shall 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 private single family detached residence for the Owner or such
Owner's tenant and their families and domestic servants employed 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 Area. No Lot shall be resubdivided; provided, however, that Declarant shall
have and reserves the right, at any time, or from time to time, upon thejoinder and consent of the
appropriate county and/or municipal authorities, and with the joinder and consent of the directly
affected Owners, to file a replat of the Plat to effect a resubdivision or reconfiguration of any Lots
20 C: \Filcs~JORDANX20\WIN DSORDCCR
then owned by Declarant, so long as, such replat results in each resubdivided Lot containing not
less than the minimum lot size prescribed by the zoning ordinances of the City of Coppell, 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
Section 9,03 shall be exercisable only by Declarant.
9.04 Minhnum Floor Space. All floor areas referenced below are for air-conditioned
floor areas, exclusive of porches, garages, or breezeways attached to the main dwelling. Each
dwelling constructed on any Lot in the subdivision shall contain at least two (2) stories and shall
contain a minimum of three thousand eight hundred (3,800) square feet, of which not less than
two thousand five hundred (2,500) square feet shall be covered ground floor area.
9.05 Combining Lots. Any person owning two or more adjoining Lots may consolidate
such Lots into a single building location for the purpose of constructing one (1) residential
structure thereon (the plans and specifications therefor being approved as set forth in this
Declaration) and such other improvements as are permitted herein; provided, however, any such
consolidation must comply with the rules, ordinances and regulations of any governmental
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 written approval of any utility company having the right to the use of such easements.
Combining of portions of Lots into a single building site is prohibited.
9.06 Setback Requirements and Building Location. All front, side and rear setbacks
must be approved by the Architectural Control Committee, and must meet the requirements of the
City of Coppell and the requirements of the Plat. The location of the main residence 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.
9.08 Driveways. Each Lot must be accessible to the adjoining street by a driveway or
alley suitable for such purposes and approved in writing as to design, materials and location by
the Architectural Control Committee before the residential structure located on such Lot may be
occupied or used.
9.09 Parking. 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
regulations as shall be adopted by the Board of Directors. Parking in driveways is permitted;
provided, however, no inoperable vehicles, no stored vehicles, or vehicles not utilized on a daily
basis shall be permitted to be parked or stored in driveways.
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9.10 Access. No driveways or roadways may be constructed on any Lot to provide
access to any adjoining Lot except as expressly provided on the Plat, or otherwise approved in
writing by the Architectural Control Committee.
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 the contents thereof on any Lot caused
by any water levels, rising waters, or drainage waters. After the residence to be constructed on
a Lot has been substantially completed, the Lot will be graded so that surface water will generally
flow to streets, alleys, drainage easements, or Common Properties, and in 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 construction. The installation and use of any propane, butane, LP Gas
or other gas tank, bottle or cylinder of any 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 all 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.
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(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
frontage of such Lot. Such sidewalks shall be constructed in conformity with the
then existing ordinances, standards and codes promulgated by the City of Coppell.
(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 pools shall be installed on any
Lot. This provision is not intended to prohibit inflatable pools, no greater than
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, carpet,
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 remain
above the roof of any residential building with the exception of one or more
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 space for a minimum of two (2) conventional automobiles. All garage doors
shall be equipped with an automatic and remote controlled door opener, and shall be closed at all
times when not in use. Detached garages, servants quarters, and storage rooms must be approved
in writing by the Architectural Control Committee. No carport shall be built, 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 ever be changed, altered, reconstructed or otherwise converted
for any purpose inconsistent with the garaging of 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 fully landscaped
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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. All 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 conflict with the cosmetic surroundings. All wood fences shall be restained
as necessary but in no event less often than once every three (3) years. No wood fence shall be
erected or placed on Lots 2 or 16, Block A; or Lots 1, 3 or 4, Block B of Windsor Estates
Addition. No fence, wall or hedge shall exceed eight (8) feet in height unless otherwise
specifically approved by the Architectural Control Committee. No chain link fence or other wire
type fence shall be erected on any Lot except for temporary chain link fencing installed along the
perimeter of the subdivision for interim security. Chain link fencing on tennis courts will only
be allowed 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 fails 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 trash
must be kept neatly contained 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 as
the construction progresses without unreasonable delay, until completion of the improvements,
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after 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.
9.18 Exterior Lighting. 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 light is objectionable, the Owner of the
Lot on which same is located will immediately remove said 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 style 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'
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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.
9.23 Removal of Dirt. The digging of dirt or the removal of any dirt 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 be maintained.
9.24 Drilling and Mining Operations. No oil drilling, water drilling or development
operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or
in any Lot, nor shall oil wells, water wells, tanks, tunnels, mineral excavations or shafts be
permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil,
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 become an annoyance or nuisance to the
other Owners. No animals, livestock or poultry of any kind 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 Swinuning and Fishing. No wading, swimming, boating or fishing shall be
allowed in any lake, waterway or drainage way situated within the Common Properties.
9.27 Duty of Maintenance.
(a) Owners and occupants (including lessees) of any Lot shall, jointly
and severally, have the duty and responsibility, at their sole cost and expense, to
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;
(ii) Lawn mowing and edging of all curbs and edgeways
on a regular basis;
(iii) 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;
(vi) Keeping lawn and garden areas alive, free of weeds,
and attractive;
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(vii) Keeping parking areas, driveways and curbs in good
repair;
(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 to be Common Properties maintained by
applicable governmental authorities or the Association; and
(xi) Repainting of improvements.
(b) 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 making 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 Section 9,27C0) 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
right 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 lessees) of any Lot on which
work is performed pursuant to Sections 9.27Co) and (c) above shall, jointly and
severally, be liable for the cost of such work [such costs constituting a special
individual assessment as specified in Section 5.05(b) 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 ail 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 shall have the identical powers and rights in all respects, including but
not limited to the right of foreclosure.
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9.28 Maintenance of Common Properties. The Common Properties (including
landscaping comprising portions of the Common Properties) are described, in part, on Exhibit "B"
attached hereto. All landscaping and improvements placed or erected on the Common Properties
by Declarant shall be owned and maintained by the Association.
9.29 Retaining Walls. Retaining walls visible from the streets or any portion of the
Common Properties, including but not limited to those facing the lake, shall be restricted to
structurally engineered and designed walls made from natural stone or split faced concrete
masonry units matching the retaining walls in the Common Properties. It shall be the intent of
Declarant, the Association and the Architectural Control Committee to promote visual continuity
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 wall is required by the Architectural Control Committee or the
City of Coppell in connection with the construction of the residence on the "low" side Lot.
9.30 Mailboxes. 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 shall 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 COMMITTEE
10.01 Architectural Control Conunittee. And as long as Declarant holds title to any
of the Lots, the Architectural Control Committee, hereinafter called the "Committee", 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 shall 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 designate a representative to act for it. In the event of
the death or resignation of any member of the Committee, the remaining members shall have full
authority to designate and appoint a successor. Other than as set forth in Section 10.02 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
negligence or arbitrary and capricious conduct) arising out of services performed, actions take,
or inactions in connection with any undertaking, responsibility, or activity hereunder or request
for action hereunder. At any time, the Declarant may delegate and assign to the Board of
Directors, all of the Declarant's power and right to change the membership of the Committee, to
withdraw or add powers and duties from or to the Committee, or to restore the powers and duties
of the Committee. Such action 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.
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10.02 Architectural Approval. No building, structure, shed, fence, wail, tennis court,
or improvement of any kind or nature shall be erected, constructed, placed, altered, changed or
modified on any Lot until the plot plan showing the location of such building, structure, paving
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: fi) 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 of external design, color, texture, type and appearance of exterior
surfaces and landscaping with existing structures and existing landscaping, (iii) quaiity of
workmanship and materials; adequacy of site dimensions; adequacy of structurai 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 be set forth in bulletins promulgated by
the Committee. In connection with the submission of such plot plan, construction plans and
specifications, and landscaping and grading plans, the Committee may require that the submitting
party pay a fee of up to $250.00 per submission, which fee shall be payable to the Committee or,
if the Committee elects, to a representative designated by the Committee to review such plans and
specifications. The Committee is 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 specifications meet the approval of the Committee,
one complete set of plans and specifications will be retained by the Committee and the other
complete set of plans 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 fi) through (iv) of the preceding paragraph must
again be submitted to the Committee for its inspection and approvai. 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
after they have been submitted, then Committee approval shall be presumed; provided, however,
that nothing in this paragraph shall affect in any way the method for seeking or granting variances,
as described in Section 10.03 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 review any and all aspects
of dwelling construction, construction of other improvements and location, quaiity and quantity
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
general value of the Properties. As an example, and not by way of limitation, the Committee may
impose limits upon the location of window areas of one residential dwelling which would overlook
the enclosed patio area of an adjacent residential dwelling. Also, the Committee is 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.
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The Committee may, from time to time, publish and promulgate architectural
standards bulletins and/or design guidelines which shall be fair, reasonable and uniformly
applied and shall carry forward the spirit and intention of this Declaration. Such bulletins
and guidelines shall supplement these Covenants and Restrictions and are incorporated
herein by reference. The Committee shall 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 CONSTRUCTING ANY STRUCTURE ON A
LOT, EACH PROSPECTIVE PURCHASER, TRANSFEREE, MORTGAGEE, AND/OR
OWNER IS STRONGLY ENCOURAGED TO CONTACT THE ARCHITECTURAL
CONTROL COMMITI'EE TO OBTAIN AND REVIEW THE MOST RECENT
ARCHITECTURAL STANDARDS BULLETINS AND DESIGN GUIDELINES WHICH WILL
CONTROL THE DEVELOPMENT, CONSTRUCTION, LANDSCAPE AND USE OF THE
LOT AND THE STRUCTURES TO BE CONSTRUCTED THEREON.
THE ARCHITECTURAL STANDARDS BULLETINS AND DESIGN GUIDELINF~
MAY CONTAIN STANDARDS, REQUIREMENTS, OR LIMITATIONS IN ADDITION TO
THOSE EXPRESSLY SET FROTH OR REFERRED TO IN THIS DECLARATION AND
MORE STRINGENT STANDARDS, REQUIREMENTS, OR LIMITATIONS THAN THE
SPECIFIC STANDARDS, REQUIREMENTS OR LIMITATIONS SET FORTH OR REFERRED
TO IN THIS DECLARATION.
10.03 Variances. 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 standards, the Covenants and
Restrictions, or the previously published architectural bulletins which are provided in this
Declaration or which may be promulgated in the future. In any case, such variances shall be in
basic conformity with and shall blend effectively with the general architectural style and design
of the community. No member of the Committee shall be liable to any Owner or other 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 Committee's right to
strictly enforce the Covenants and Restrictions, architectural standards or published architectural
bulletins provided hereunder against any other Owner. Each such written request must identify
and set forth in detail the specific restriction or standard from which a variance is sought and
describe in complete detail the exact nature of the variance sought. Any grant of a variance by
the Committee must be in writing and must identify in narrative detail both the standards from
which a variance is being sought and the specific variance being granted.
10.04 Nonconforming and Unapproved 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
improvement) 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.
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10.05 No Liability. Neither Declarant, the Association, the Committee, the Board, nor
the officers, directors, members, employees and agents of any of them, shall be liable in damages
to anyone submitting plans and specifications to any of them for approval, or to any Owner by
reason of mistake in judgment, negligence, or nonfeasance arising out of or in connection with
the approval or disapproval or failure to approve or disapprove any such plans 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, members, employees or agents of any of them, to recover any such damag.es and hereby
releases and quitclaims all claims, demands and causes of action arising out of or ~n connection
with any judgment, negligence or nonfeasance and hereby waives the provisions of any law which
provides that a general release does not extend to claims, demands and causes of action not known
at the time the release is given. Plans and specifications are not approved for engineering or
structural design or adequacy of mater/als, and by approving such plans and specifications neither
the Corn mittee, the members of the Committee, the Declarant nor the Association assumes liability
or responsibility therefor, nor for any defect in any structure constructed from such plans and
specifications.
ARTICLE XI
EASEMENTS
11.01 Ingress and Egress by the Association. The Association shall, at all times, have
full rights of ingress and egress over and upon each Lot for the maintenance and repair of each
Lot and the Common Properties in accordance with the provisions hereof, and for the carrying
out by the Association of its functions, duties and obligations hereunder; provided, that any such
entry by the Association upon any Lot shall be made with as little inconvenience to the Owner as
practical, and any damage caused by the Association's entry, other than damages caused by the
Owner, shall be repaired by the Association at the expense of the Association.
11.02 General. The rights and duties of the Owners with respect to sanitary sewer,
water, electricity, natural gas, telephone and cable television lines and drainage facilities shall 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 portion
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 right 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.
(b) 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 serve more
than one Lot, the Owner of each Lot served by said connections, lines or facilities
shall be entitled to the full use and enjoyment of such portions of said 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 Areas of Utility Easements. Easements for installation and maintenance
of utilities are reserved as shown and provided for on the 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 furnishing electric, storm sewer, sanitary sewer, water, natural gas and
telephone service and provides and installs any necessary conduit of approved type and size under
such driveways, walkways, 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 emergency vehicles and other service vehicles to enter upon
the Common Properties, including but not limited to private streets, in the performance of their
duties; and further, an easement is hereby granted to the Association, its officers, directors,
agents, employees and management personnel to enter the Common Properties to render any
service.
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 the 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 Properties.
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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 wails even
though such walls and easements may be located on or adjacent to such Owner's Lot. It is the
responsibility of each Owner to maintain that portion of the landscaping within this easement
which is enclosed by the wall on their respective Lot, however, the Association retains the right
to enter upon the Properties and perform such maintenance as necessary.
11.09 Drainage 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.
11.10 Denton Creek Greenwalk Easement. Declarant intends to grant an easement
approximately twenty feet (20') in width along the rear portions of Lots 9-14, Block A of the
Subdivision and an easement approximately five feet (5') in width adjacent to DeForest Road for
use by the public as a hike and bike trail. Upon the granting of such easements no pavement
enhancements, fixtures or structures shall be allowed within either of the hike and bike trail
easements.
ARTICLE XII
GENERAL PROVISIONS
12.01 Duration. The Covenants and Restrictions of this Declaration shall mn 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 respective legal representatives, heirs, successors and
assigns, for a term of thirty-five (35) years from the date that this Declaration is 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 of Section 12.01 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;
(b) 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
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percent (70%) of outstanding votes of the Association who are in attendance at a
meeting called and held in accordance with Section 3.03 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 Section 12.02, (a) the
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 Enforcement. Enforcement of these Covenants and Restrictions shall be by any
proceeding at law or in equity against any person or persons violating or attempting to violate
them, or to recover damages, or to enforce any lien created by these Covenants and Restrictions;
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 Severability. 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 Headings. 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 Member or
Owner under the provisions of this Declaration shall be deemed to have been properly delivered
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 Mortgagees. 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 Termination of and Responsibility of Declarant. If Declarant shall convey all
of its right, title and interest in and to the Properties and assign all its rights, benefits and
obligations as Declarant hereunder to any partnership, individual or individuals, corporation or
corporations, then and in such event Declarant shall 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.
34 C:~ilesUORDAN\20\WIN DSORDCCR
of the
IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed as
~ day of ,2000.
COPPELL OPTIMUM ASSETS, LLC,
a Texas limited liability company
By:
Kelly Jordan, Manager
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this 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 capacity therein stated and as the act and deed
of such company.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
,2000.
My Commission Expires:
Notary Public, State of Texas
(Printed or Typed Name of Notary)
35
C:~Filcs~JORDAN\20\WIN DSORDCCR
EXHIBIT "A"
Lots I through 14, and 16 and 17, Block A; and Lots 1 through 6, Block B of
WINDSOR ESTATES ADDITION, an addition to the City of Coppell, Dallas
County, Texas, according to the final plat thereof, recorded in Volume ,
Page of the Plat Records of Dallas County, Texas.
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EXHIBIT "B"
COMMON PROPERTIES
Lots 1X, 15, 18X and 19X, Block A of WINDSOR ESTATES ADDITION, an
addition to the City of Coppell, Dallas County, Texas, according to the final plat
thereof, recorded in Volume __., Page __ of the Plat Records of
Dallas County, Texas.
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