Woodlands of C/FP-CS 951019DECLARATION OF COVENANTS, NOV 1 1995
CONDITIONS AND RESTRICTIONS
FOR
THE WOODLANDS OF COPPELL - · '
City of Coppell
Dallas County, Texas
¥~ODI.~ND\CCR~. WC
TABLE OF CONTENTS
FOR
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR THE WOODLANDS OF COPPELL
ARTICLE I - DEFINITIONS
PAGE
1.1 Association ..................... 1
1.2 Areas of Common Responsibility · ............. !
1.3 Declarant ........................
1.4 City ..........................
1.5 Home or Residence .................
1.6 Lienholder or Mortgagee ..............
1.7 Lot ........................
1.8 Member ........................
1.9 Owner ........................
1.10 Property, Premises or Development ...........
1.11 Subdivision Plat ............ ~ - ' .....
1.12 Board of Directors ....................
ARTICLE II - THE WOODLANDS OF COPPEL
HOMEOWNERS ASSOCIATION, INC ...............
. 2
2 1 Establishment of the Association ............. 2
· 3
2.2 Adoption of By-Laws ~ · ...............
ARTICLE III - MEMBERSHIP'AND VOTING RIGHT'S .......... 3
3 1 Membership ........................ 3
3.2 Voting Rights ..................
3.3 No Cumulative Voting ................... 3
ARTICLE IV - COVENANT FOR ASSESSMENTS ........ ..... 3
4.1 Creation of The Lien And Personal Obligation
3
of Assessments .......................
4.2 Purpose of Assessments .................. 4
4.3 Basis And Maximum of Annual Assessments ........ 4
4.4 Special Assessments ................... 4
4.5 Notice and Quorum For Any Action Authorized .... 4
Under Sections 4.3 And 4.4
4.6 Uniform Rate of Assessment ................ 5
4.7 Date of Commencement of Annual Assessments: . .~ ..... 5
Due Dates.
4.8 Effect of Non-Payment of Assessments: .......... 6
Remedies of The Association. 7
4.9 Exempt Property .....................
4.10 Subordination of The Lien To First
Mortgages ...... ' ............. 7
4.11 Management Agreements .................. 7
.4.12 Insurance Requirements .................. 7
7
ARTICLE V - PROPERTY RIGHTS ..................
ARTICLE VI - ARCHITECTURAL REVIEW COMMITTEE ........... 8
6.1 Basis of Approval; Committee ................. 8
i
WOODLAND\HOA\CCRg.WC
PAGE
6.2 Plans Submissions and Approval Procedure ......... 8
6.3 No Liability; Deviations ................. 8
6.4 Selection of Committee; No Liability ........... 9
6.5 Homebuilders ....................... 9
ARTICLE VII - CONSTRUCTION OF IMPROVEMENTS
AND USE OF LOTS
9
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
10
Residential Use ...................
Garage Required .................... 10
Restrictions on Resubdivision . · ........... 10
Driveways ....................... 10
Uses Specifically Prohibited .............. i0
Minimum Floor Area .................. 13
Building Materials .................. 13
Side Line And Front Line Setback
Restrictions ......................
Waiver of Front Setback Requirements ..........
14
14
7.10 Fences and Walls .................. 14
14
7.11 Sidewalks .......................
14
7.12 Mailboxes .......................
15
7.13 Chimney Flues .....................
15
7.14 Windows ........................
15
7.15 Landscaping ......................
7.16 Lawn Maintenance .................... 15
15
7.17 Construction Completion ................
7.18 Basketball Equipment ................. 15
7.19 Pool Equipment ..................... 15
7.20 Retaining Walls .................. 16
16
7.21 Erosion Control ....................
7.22 Building Permits .................. 16
7.23 Reconstruction Completion Time ............. 16
7.24 Waiver By the Architectural Review Committee ...... 16
16
7.25 General Maintenance .................
ARTICLE VIII OBLIBATION TO IMPROVE PROPERTY,
RIGHT OF FIRST REFUSAL, AND WAIVER
17
8.1 Obligation to Improve Property .............
8.2 Right of First Refusal .................
8.3 Waiver of Obligation to Improve Property ........
17
17
18
ARTICLE IX GENERAL PROVISIONS
18
18
9.1 Easements .......................
18
9.2 Enforcement ......................
9.3 Severability ...................... 19
9.4 Term ......................... 19
9.5 Amendments ....................... 19
9.6 Gender and-Grammar ................. 19
9.7 Manner of Enforcement ................. 19
20
9.8 Notices to Member/Owner ................
9.9 Headings ....................... 20
9.10 Formation of Association: Inspection of Documents,Books
and Records ......................... 20
9.11 Indemnity ..... . ...... ' ............ 20
9.12 FHA-VA Approval Requirement .............. 20
9.13 Failure of Association to Perform Duties ........ 20
ii
WOODLAND\HOA%CCRg.WC
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
THE WOODLANDS OF COPPELL
THE STATE OF TEXAS
COUNTY OF DALLAS
KNOW ALL MEN BY THESE PRESENTS
THIS DECLARATION of COVENANTS, CONDITIONS AND RESTRICTIONS for
THE WOODLANDS OF COPPELL, made on the date hereinafter set forth by
W.O.C. Investments, Inc., a Texas corporation, for the purpose of
evidencing the covenants, conditions and restrictions contained
herein.
W I T N E S S E T H:
W~EREAS, Declarant (defined herein) is the owner of certain
real property in the City of Coppell, Dallas County, State of Texas
and more particularly described on Exhibit "A" attached hereto and
made a part hereof (the "Property").
W~EREAS, Declarant desires to create an exclusive residential
community to be known as THE WOODLANDS OF COPPELL on the Property
and such other property as may be added thereto pursuant to the
terms and provisions of this Declaration;
NOW THEREFORE, Declarant hereby declares that all of the
Property described above shall be held, sold and conveyed subject
to the following easements, restrictions, covenants and conditions,
all of which are for the purpose of enhancing and protecting the
value, desirability and attractiveness of the real property. These
easements, covenants, restrictions and conditions shall run with
the real property and be binding on all parties having or acquiring
any right, title or interest in the above described Property or any
part thereof, their heirs, successors and assigns, and shall inure
to the benefit of Declarant and each Owner (defined herein)
thereof.
Al{TI CLE I
DEFINITIONS
1.1 ASSOCIATION. "Association" shall mean and refer to THE
WOODLANDS OF COPPELL HOMEOWNERS ASSOCIATION, INC., a Texas non-
profit corporation established for the purposes set forth herein,
its successors and assigns.
1.2 AREAS OF COMMON RESPONSIBILITY. "Areas of Common
Responsibility" shall mean (i) the south parkway along Coppell
Road, (ii) the varied wall and landscape easement to the
Association on Lots 1, 20, 21, 27, 28 and 29 Block A, (iii) common
area 3-A, owned by the Association, in the west parkway of Winding
Hollow Lane adjacent to Lot 29, Block A, (iv) common area 3-B,
owned by the Association, in the median of Winding Hollow Lane,
(v) common area 3-C, owned by the Association, in the east parkway
of Winding Hollow Lane adjacent to Lot 1, Block A, (vi) private
utility and floodplain maintenance access easement, to the
Association, between Lots 1 and 2, Block A, (vii) private
floodplain maintenance access easement, to the Association, on the
back of Lots 1 through 6 inclusive, Block A, (viii) floodplain
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE WOODLANDS OF COPPELL - Page 1 WOODLAND\CCRg.wc
maintenance easement, to the Association, on floodplain areas where
slopes are greater than 4:1, (ix) drainage easements, to the
Association, on Lots 1 through 9 inclusive on Block B and (x)
unpaved east parkway of alley adjacent to the rear of Lots 10
through.20, Block A, and such other improvements, if any, including
screenwall, entrance monuments, the entry median structure,
community signs, and any future improvements as may be designated
by the Board of Directors of the Association for the preservation,
protection and enhancement of the property values and the general
health, safety or welfare of the Owners.
1.3 DECLARANT. The term "Declarant" shall mean and refer to
W.0.C. INVESTMENTS, INC., a. Texas corporation its successors and
assigns.
1.4 CITY. "City" shall mean the City of Coppell, Dallas
County, Texas.
1.5 HOME OR RESIDENCE. "Home" or "Residence" shall mean a
single-family residential unit constructed on a Lot being a part of
the Property, including the parking garage utilized in connection
therewith and the Lot upon which the Home is located.
1.6 LIENHOLDER. "Lienholder" or "Mortgagee!' shall mean the
holder of a first mortgage lien, either on any Home and/or any Lot.
1.7 LOT. "Lot" shall mean and refer to a portion of the
Property designated as a Lot on the Subdivision Plat of the
Property, excluding common area lots, and streets. Where the
context requires or indicates, the term Lot shall include the Home
and all other improvements which are or will be-constructed on the
Lot.
1.8 MEMBER. "Member'Ishall mean and refer to every person or
entity who holds membership in the Association. The Declarant and
each Owner shall be a Member.
1.9 OWNER. "Owner" shall mean and refer to the record Owner,
other than Declarant whether one (1) or more persons or entities,
of a fee simple title to any Lot and shall include the homebuilder,
but shall exclude those having such interest merely as security for
the performance of an obligation. However, the term "Owner" shall
include any Lienholder or Mortgagee who acquires fee simple title
to any Lot which is a part of the Property, through deed in lieu of
foreclosure or through judicial or non judicial foreclosure.
1.10 PROPERTY,PREMISES OR DEVELOPMENT. "Property", "Premises"
and/or "Development" shall mean and refer to that certain real
property known as THE WOODLANDS OF COPPELL, as described on Exhibit
"A" hereto.
1.11 SUBDIVISION PLAT. "Subdivision Plat" shall mean or refer
to the Final Plat which has been or will be filed with respect to
the Property in the Map or Plat Records of Dallas County, Texas, as
same may be amended from time to time.
1.12 BOARD OF DIRECTORS. "Board of Directors" shall mean the
board of directors elected by the Association pursuant to its
Articles of Incorporation and/or bylaws.
A~TICLE II
THE WOODLANDS OF COPPELL HOMEOWNERS
ASSOCIATION, INC.
2.1 ESTABLISHMENT OF THE ASSOCIATION. The formal
establishment of the Association will be accomplished by the filing
of the Articles of Incorporation of The Woodlands of Coppell
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE WOODLANDS OF COPPELL - Page 2 WOODLAND\CCRg. Wc
Homeowners Association, Inc. with the Secretary of State for the
State of Texas and the subsequent issuance by the Secretary of
State of the Certificate of Incorporation of The Woodlands of
Coppell Homeowners Association, Inc.
2.2 ADOPTION OF BY-LAWS. By-laws for the Association will be
established and adopted by the Board of Directors of the
Association.
AKTICLE III
MEMBERSHIP AND VOTING RIGHTS
3.1 MEMBERSHIP. Declarant, during the time it owns any
single family Lots and each person or entity who is a record Owner
of a fee or undivided fee interest in any single family Lot shall
be a Member of the Association. The foregoing is not intended to
include persons or entities who hold an interest merely as security
for the performance of an obligation. No Owner shall have more
than one (1) membership. Membership shall be appurtenant to and
may not be separated from any ownership of any Lot which is subject
to assessment by the Association. Transfer of ownership, either
voluntarily or by operation of law, shall terminate such Owner's
membership in the Association, and membership shall be vested in
the transferee; provided, however, that no such transfer shall
relieve or release such Owner from any personal obligation with
respect to assessments which have accrued prior to such transfer.
3.2 VOTING RIGHTS. The Association shall have two (2)
classes of voting membership:
(a) Class "A". The Class "A" Members shall be all
Owners. The Class "A" Members shall be entitled-to one (1) vote
for each Lot owned. When more than one (1) person holds an
interest in any Lot, all such persons shall be Members. The vote
for such Lot shall be exercised as they among themselves determine,
but in no event shall more than one (1) vote be cast with respect
to any Lot.
(b) Class "B". The Class "B" Member(s) shall be
Declarant. The Declarant shall be entitled to seven (7) votes for
each Lot it owns; provided however, that Declarant shall cease to
be a Class "B" member and shall become a Class "A" member entitled
to one (1) vote per Lot owned upon the happening of either of the
following:
(i) when the total votes outstanding in the Class
"A" membership equals the total votes outstanding in the Class "B"
membership, or;
(ii) upon the expiration of ten (10) years from the
recording date of this instrument in the Deed Records of Dallas
County, Texas.
3.3 NO CUMULATIVE VOTING. At all meetings of the
Association, there shall be no cumulative voting. Prior to all
meetings, the Board of Directors shall determine the total number
of votes outstanding and entitled to vote by the Members.
AI~TICLE IV
COVENANT FOK ASSESSMENTS
4.1 CREATION OF THE LIEN AND PERSONAL OBLIGATION OF
ASSESSMENTS. Each Owner of any Lot by acceptance of a deed
therefor, whether or not it shall be expressed in any such deed or
other conveyance, covenants and agrees to pay to the Association:
(i) annual assessments or charges, and (ii) special assessments'for
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE WOODLANDS OF COPPELL - Page 3 .. WOODLAND\CCR9.WC
capital improvements. Such assessments (collectively, the
"Assessments") are to be fixed, established and collected as
provided herein. Assessments, together with such interest thereon
and costs of collection thereof, as hereinafter provided, shall be
a charge on the Lot and shall be secured by a continuing lien
which is hereby created and impressed for the benefit of the
Association upon the Lot against which each such Assessment is
made. Each such Assessment, together with such interest costs and
reasonable attorney's fees shall also constitute a personal
obligation of the person or entity who was the record Owner of such
Lot at the time of the Assessment. The personal obligation for
delinquent Assessments shall not pass to successors in title unleSs
expressly assumed by such successors, however the lien upon the Lot
shall continue until paid.
4.2 PURPOSE OF ASSESSMENTS. The Assessments levied by the
Association shall be used exclusively for the purpose of promoting
the recreation, health, safety and welfare of the Owners of the
Lots, the improvement and maintenance of the Areas of Common
Responsibility, and the performance and/or exercise of the rights
and obligations of the Association arising hereunder. Assessments
shall include, but not be limited to, funds to cover actual
Association costs for all taxes, insurance, repair, replacement,
maintenance and other activities as may from time to time be
authorized by the Board of Directors; legal and accounting fees,
and any fees for management services; expenses incurred in
complying with any laws, ordinances or governmental requirements
applicable to the Association or the Property; reasonable
replacement reserves and the cost of other facilities and service
activities, including, but not limited to, mowing grass, grounds
care, sprinkler system, landscaping, and other charges required or
contemplated by this Declaration and/or that which the Board of
Directors of the Association shall determine to be necessary to
meet the primary_ purpose of the Association, including the
establishment and maintenance of a reserve for repair, maintenance,
taxes and other charges as specified herein.
4.3 BASIS AND MAXIMUM OF ANNUAL ASSESSMENT'S.
(a) Until January 1st of the year next following the
conveyance of the first single family lot to an Owner, the regular
maximum annual Assessment shall be $550.00 per Lot.
(b) From and after January 1st of the year next
following the conveyance of the first single family Lot to an
Owner, the maximum regular annual assessment may be increased by an
amount up to ten percent (10%) over the preceding year's regular
annual assessment solely by the Board of Directors. Any increase
over and above 10% of the previous year's regular annual assessment
shall be done only by the prior written approval of sixty-six and
two-thirds percent (66 2/3%) of the outstanding votes (determined
pursuant to Section 3.2 hereof) held by the Members at a meeting at
which a quorum is present. . r~
4.4 SPECIAL ASSESSMENTS. In addition to the regular annual
Assessment authorized above, the Association may levy, in any
assessment year, a Special Assessment applicable to that year only,
for the purpose of defraying, in whole or in part, the costs
incurred by the Association pursuant to the provisions of this
Declaration, provided that any such Special Assessment shall have
the prior written approval of sixty-six and two-thirds percent (66
2/3%) of the outstanding votes (determined pursuant to Section 3.2
hereof) held by the Members at a meeting at which a quorum is
present. Any Special Assessments shall be prorated based on the
period of time the Owner owns the Lot during such year.
4.5 NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER
SECTIONS 4.3 AND 4.4. Written notice of any meeting called for the
purpose of taking any action authorized under Sections 4.3 and 4,4
DECLARATION OF COVENANTS~ CONDITIONS AND
RESTRICTIONS FOR THE WOODLANDS OF COPPELL - Page 4 · WOODLAND\CCR9.WC
hereunder shall be given to all Members not less than ten (10) days
nor more than thirty (30) days in advance of such meeting. At such
meeting, the presence of Members or of proxies entitled to cast
sixty percent (60%) of all the votes entitled to be cast by the
Members of the Association shall constitute a quorum. If the
required quorum is not present, another meeting may be called
subject to the same notice requirements and the required quorum at
the subsequent meeting shall be one-half (1/2) of the required
quorum at the preceding meeting.
4.6 UNIFORM RATE OF ASSESSMENT. Both the regular annual
Assessments and Special Assessments shall be fixed at a uniform
rate for all single family Lots, and shall commence and be due in
accordance with the provisions of Section 4.7 hereof. Each Owner
shall pay one hundred percent (100%) of the established Assessment
for each Lot he or it owns. Declarant shall pay twenty-five
percent (25%) of the established Assessment for each Lot it owns.
4.7 DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS; DUE DATES.
(a) The obligation to pay regular annual Assessments
provided for herein shall commence on October 1, 1995. The
Assessments shall be due on such payment dates as may be
established by the Association. Assessments shall be due and
payable on an annual basis unless otherwise designated by the
Association.
(b) As long as Declarant is a Class "B" Member pursuant
to Section 3.2 hereof, Declarant shall pay the deficiency resulting
in the event the cost of maintenance exceeds the amount of the
Assessments received_ from the Owners; provided, however,, in such
event, Declarant shall not~otherwise'be-required~to pay Assessments
with respect to portions of the Property owned by Declarant; and
further, provided, however, in no event shall Declarant be required
to pay an amount which is in excess of one hundred percent (100%)
of the established Assessment for each Lot it owns. When the
Declarant is converted to a Class "A" Member, the Declarant shall
no longer be responsible for contributing shortfalls outlined in
the preceding sentence but rather, shall commence making regular
annual and Special Assessments pursuant to Sections 4.3 and 4.4
hereof calculated on the~number of remaining Lots Declarant then
owns.
(c) The annual Assessments for the first Assessment year
shall be fixed by the Association prior to the sale of the first
Lot to an Owner. Except for the first Assessment year, the
Association shall fix the amount of the annual Assessment at least
thirty (30) days in advance of each Assessment year, which shall be
the calendar year.; provided, however, that the Association shall
have the right to adjust the regular annual Assessment upon thirty
(30) days written notice given to each Owner, as long as any such
adjustment does not exceed the maximum permitted pursuant to
Section 4.3 hereof. Written notice of the regular annual
Assessment shall be given as soon as is practicable to every Owner
subject thereto. The Association shall, upon demand at any time,
furnish a certificate in writing signed either by the President,
Vice President or the Treasurer of the Association setting forth
whether the annual and special Assessments on a specified Lot have
been paid and the amount of any delinquency. A reasonable charge
may be made by the Association for the issuance of these
certificates. Such certificates shall be conclusive evidence of
payment of any Assessment therein stated to have been paid.
(d) No Owner may exempt himself from liability for
Assessments by waiver of the use or enjoyment of any portion of the
Development or by abandonment of his Home.
DECLARATION OF COVENANTS, CONDITIONS AND .
RESTRICTIONS FOR THE WOODLANDS OF COPPELL - Page 5 WOODLAND\CCR9.WC
4.8 EFFECT OF NON-PAYMENT OF ASSESSMENTS: REMEDIES OF THE
ASSOC_~IATION
(a) All payments of the Assessments shall be made to the
Association at its principal place of business in Dallas County,
Texas, or at such other place as the Association may otherwise
direct or permit. Payment shall be made in full regardless of
whether any Owner has any dispute with Declarant, the Association,
any other Owner or any other person or entity regarding any matter
to which this Declaration relates or pertains. Payment of the
Assessments shall be both a continuing affirmative covenant
personal to the Owner and a continuing covenant running with the
Property.
(b) Any Assessment provided for in this Declaration
which is not paid when due shall be delinquent. If any such
Assessment is not paid within thirty (30) days after the date of
delinquency, the Assessment shall bear interest from the date of
delinquency, until paid, at the rate of eighteen percent (18%) per
annum or the maximum rate allowed by law, whichever is the lesser.
The Association may, at its option, bring an action at law against
the Owner personally obligated to pay the same; or, upon compliance
with the notice provisions hereof, foreclose the lien against the
Lot as provided in Subsection 4.8(d) hereof. There shall be added
to the amount of such Assessment the costs of preparing and filing
the complaint petition in such action, and in the event a judgment
is obtained, such judgment shall include said interest and a
reasonable attorney's fee, together with costs of action. Each
Owner vests in the Association or its assigns, the right and power
to bring all actions at law or in equity foreclosing such lien
against such Owner, and the expenses incurred in connection
therewith, including~interest, costs and reasonable attorney's fees
shall be chargeable to the Owner in default. Under no
circumstances, however, ..... shall ~Declarant.~or.~ithe.Association-~-e
liable to any Owner or to any other person or entity for failure or
inability to enforce or attempt to enforce any Assessments.
(c) No action shall be brought to foreclose said
Assessment lien or to proceed under the power of sale herein
provided in less than thirty (30) days after the date a notice of
claim of lien is deposited with the postal authority, certified or
registered, postage prepaid, to the Owner of said Lot, and a~copy
thereof is recorded by the Association in the Office of the County
Clerk of Dallas County, Texas, said notice of claim must recite a
good and sufficient legal description of any such Lot, the record
Owner or reputed Owner thereof, the amount claimed (which may, at
the Association's3option; include interest on the unpaid Assessment
at the maximum legal rate, plus _reasonable attorney's fees and
expenses of collection in connection with the debt secured by said
lien), and the name and address of the Association.
(d) Any such sale provided for above is to be conducted
in accordance with the provisions applicable to the exercise of
powers of sale in mortgages and deeds of trust, as set forth in
Section 51.002 of the Property Code of the State of Texas, or in
any other manner permitted by law. Each Owner, by accepting a deed
to a Lot, expressly grants to the Association a power of sale as
set forth in said Section 51.002 of the Property Code, in
connection with the Assessment lien. The Association, through duly
authorized agents, shall have the power to bid on the Lot at
foreclosure sale and to acquire and hold, lease, mortgage and
convey the same.
(e) Upon the timely curing of any default for which a
notice of claim of lien was filed by the Association, the officers
of the Association are hereby authorized to file or record, as the
case may be, an appropriate release of such notice, upon payment by
the defaulting Owner of a fee, to be determined by the Association
but not to exceed the actual cost of preparing and filing or
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE WOODLANDS OF COPPELL- Page 6
HOODLAND\CCR9. WC
recording the lien and the release.
(f) The Assessment lien and the right to foreclosure
sale hereunder shall be in addition to and not in substitution of
all other rights and remedies which the Association and its
successors or assigns may have hereunder and by law, including the
right of suit to recover a money judgment for unpaid Assessments,
as above provided.
4.9 EXEMPT PROPERTY. The following property otherwise subject
to the Declarations shall be exempted from the assessments, charge
and lien created herein:
(a) Ail properties dedicated and accepted by the local
public authority and devoted to public use.
(b) Ail common property.
(c) Ail Areas of Common Responsibility.
4.10 SUBORDINATION OF THE LIEN TO FIRST MORTGAGES. The lien
securing the Assessments provided for herein shall be subordinate
to the lien of any first lien mortgage. The sale or transfer of
any Lot shall not affect the Assessment lien. However, the sale or
transfer of any first lien mortgage, pursuant to a decree of
foreclosure or a non-judicial foreclosure under such first lien
mortgage or any proceeding in lieu of foreclosure thereof, shall
extinguish the lien of such Assessments as to payments thereof
which became due prior to such sale or transfer. No sale or
transfer shall relieve such Lot from liability for any Assessment
thereafter becoming due, in accordance with the terms herein
provided.
4.11 MANAGEMENT AGREEMENTS. The Association shall be
authorized to enter into management agreements with third parties
in connection with the operation and management of the development
and the performance of its obligations hereunder. A copy of all
such agreements shall be available for review by each Owner. Any
and all management agreements entered into by the Association shall
provide that said management agreement may be canceled with or
without Cause and without penalty by either party with thirty'(30)
days written notice. Any and all management agreements shall be
for a term not to exceed one (1) year and shall be made with a
professional and responsible party or parties with proven
management skills and experience managing a project of this type.
The Association may, at its discretion, assume self management of
the development by the Association.
4.12 INSURANCE REQUIREMENTS. The Association through the Board
of Directors, or its duly authorized agent, shall obtain insurance
policies covering the Areas of Common Responsibility and covering
all damage or injury caused by the negligence of the Association,
any of its employees, officers, directors and/or agents, commercial
general liability insurance, directors and officers liability
insurance, and such other insurance as the Association may from
time to time deem necessary or appropriate.
In the event the City requires a hike and bike trail be constructed
along the rear of Lots 1 through 6 Block A, the Association will be
responsible for obtaining liability insurance for said hike and
bike trail easement.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE WOODLANDS OF COPPELL - Page 7 WOODLAND\CCRg. WC
ARTICLE V
PROPERTY RIGHTS
It is proposed that the Areas of Common Responsibility will be
improved only to the extent of landscaping and plantings, including
such screening fences, signage, accent structures and walls for the
entrance identification for the Property. As such, the Association
shall not, except as the Association may reasonably deem
appropriate to comply with applicable laws or to protect the
health, safety or welfare of the Properties or the Members, cause
(i) any additional buildings or permanent structures to 'be
constructed within the Areas of Common Responsibility; or (ii) any
interference or conflict with the natural or planted vegetation or
trees in the Areas of Common Responsibility. The foregoing shall
not imply any obligation on the part of the Declarant or the
Association to provide any particular enhancement to the Areas of
Common Responsibility or render the Association in any way
responsible for the actions of any Members or other parties on or
in connection with the Areas of Common Responsibility, unless such
actions are undertaken pursuant to the written instructions of the
Association.
ARTICLE VI
ARCHITECTURAL REVIEW.COMMITTEE
6.1 BASIS OF APPROVAL; COMMITTEE. No lot grading, building,
fence, wall, parking area, swimming pool, spa, pole, mail box,
driveway, fountain, pond, sign, exterior illumination, change in
exterior color or shape, new structure or modification of an
existing structure shall be commenced, erected or maintained upon
any Lot or the patio or garage used in connection with any Lot
after the purchase of any Lot from Declarant, nor shall any
exterior addition to or change or alteration therein be made until
the plans and specifications showing the nature, kind, shape,
height, materials and location of the same are submitted to and
approved in writing by the Architectural Review Committee (the
"Committee") which shall be composed of three (3) representatives
appointed by Declarant (during such time Declarant owns any Lots)
and thereafter by the Association.
6.2 PLANS SUBMISSIONS AND APPROVAL PROCEDURE. Plans and
specifications shall be submitted to the Committee at least thirty
(30) days prior to the commencement of any construction or
modification. The following shall be submitted in duplicate for
approval: a site plan showing the entire Lot with existing
improvements, lot drainage which complies with the City approved
lot grading plan, floor plan and elevations of all faces of the
proposed structure; and a description of all exterior construction
materials. A copy of the above described plans and specifications
shall be retained by the Committee. The Committee shall review the
plans and specifications and notify the Owner in writing of its
approval or disapproval. If the Committee fails to approve or
disapprove said plans and specifications within thirty (30) days
after the same has been submitted to it, they will be presumed to
have been approved by the Committee. Any disapproval shall set
forth the elements disapproved and the reason or reasons thereof.
The judgment of the Committee in this respect in the exercise of
its sole and absolute discretion shall be final and conclusive and
the Owner shall promptly correct the plans and specifications (if
disapproved) and resubmit them for approval. No construction,
alteration, change or modification shall commence until approval of
the Committee is obtained. The Committee may approve any deviation
from these covenants and restrictions as the Committee, in its sole
and absolute discretion, deems consistent with the purpose hereof.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE WOODLANDS OF COPPELL - Page 8 WOODLAND\CCRg. Wc
6.3 NO LIABILITY; DEVIATIONS. No member of the Committee
shall be personably liable to any Owner for any claims, causes of
action or damages arising out of the denial of any submittal or
grant of any deviation to an Owner. Future request for deviations
submitted hereunder shall be reviewed separately and apart from
other such requests and the grant of a deviation to any Owner shall
not constitute a waiver of the Committee's rights to strictly
enforce the Declaration and the architectural standards provided
herein against any other Owner. Approval by the Committee of the
plans and specifications or its determination that the completed
construction or modification has been constructed in accordance
with the plans and specification shall be deemed to be an
acknowledgment by the Committee that such are in accordance with
these Covenants and Restrictions and such acknowledgment shall be
binding against the Owners of the Lots and the Property.
6.4 SELECTION OF COMMITTEE; NO LIABILITY. Until Declarant no
longer owns a Lot, as vacancies in the Committee occur by
resignation or otherwise, successor members shall be appointed by
Declarant. Thereafter, the members of the Committee shall be
selected and appointed by the Board of Directors of the
Association. In the event that such Directors fail to designate
members of the Committee within thirty (30) days after any vacancy
appears thereon, then the remaining members of the Committee shall
be entitled to appoint a successor to fill any vacancies. Members
of the Committee may at any time and without cause, be removed by
Declarant, or.in accordance with the parameters above, by the Board
of Directors of the Association. Neither the Declarant, the
Association, the Board of Directors, the Committee nor any
employees, officers, directors or members thereof shall be liable
for damages or otherwise to anyone submitting plans and
specifications for approval or to any Owner affected by this
Declaration by reason of mistake of judgment negligence or
nonfeasance arising out or in connection with the approval or
disapproval or failure to approve or disapprove any plans or
specifications. Any errors in or omissions from the plans or the
site plan submitted to the Committee shall be the responsibility of
the Owner of the Lot to which the improvements relate, and the
Committee shall have no obligation to check for errors in or
omissions from any such plans, or to check for such plans'
compliance with the general provisions of this Declaration, City
codes, state statutes or the common law, whether the same relate to
Lot lines, building lines, easements or any other issue.
6.5 HOMEBUILDERS. Notwithstanding anything to the contrary
contained herein, once a particular set of plans and specifications
submitted by a homebuilder (which for purposes hereof shall be
defined as any entity or person in the business of constructing
single family residences for the purpose of sale to third parties)
has been approved by the Committee or deemed approved, such
homebuilder may construct homes on the Properties in accordance
with such plans and specifications without the necessity of
obtaining subsequent approvals therefor, so long as there are no
major material changes in the plans and specifications.
The Committee is authorized and empowered to consider and review
any and all aspects of dwelling construction, construction of other
improvements and location, quality 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 Lot Owner(s) or general value of the
Properties. As an example, and not by way of limitation, 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. The Committee may,
from time to time, publish and promulgate architectural standards
bulletins; such bulletins shall supplement these' Covenants and
Restrictions and are incorporated herein by reference. The
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE WOODLANDS OF COPPELL - Page 9 WOODLAND\CCRg. WC
Committee shall have the authority to make final decisions in
interpreting the general intent, effect and purpose of these
Covenants and Restrictions.
ARTICLE VII
CONSTRUCTION OF IMPROVEMENTS AND USE OF LOTS
7.1 RESIDENTIAL USE. The Property shall be used for single-
family residential purposes only. No building shall be erected,
altered, placed or permitted to remain on any Lot other than one
(1) detached single family residence per Lot, which residence may
not exceed two and one-half (2 1/2) stories in height and a private
garage as provided below.
7.2 GARAGE REQUIRED. Each residence shall have an enclosed
garage suitable for parking a minimum of two (2) standard size
automobiles, which garage shall conform in design and materials
with the main structure. Each garage shall open only to the side or
rear of the Lot so as not to face a residential street. The
Committee may approve garages which face the street if the face of
said garage is located a minimum of fifty (50) feet from the front
building line and are screened by a wall, servants quarters or
other extension of the main structure. Each vehicle bay shall have
a separate garage door.
7.3 RESTRICTIONS ON RESUBDIVISION. No Lot or combination of
Lots shall be subdivided into smaller Lots so as to create more
Lots than is described on Exhibit "A" hereto.
7.4 DRIVEWAYS. Ail driveways shall be surfaced with concrete
or similar substance approved by the Committee. Hot --mix asphaltic
concrete is prohibited.
7.5 USES SPECIFICALLY PROHIBITED.
(a) Except as expressly approved by the Committee,no
temporary structure of any kind shall be erected or placed on any
Lot without the approval of the Committee. In no instance shall
more than one residence be erected or placed on any one Lot. A
builder or contractor approved by the Committee as an authorized
builder and/or contractor may have temporary improvements (such as
a sales office and/or construction trailer) on a specifically
permitted Lot during construction of the residence on that Lot. No
building material of any kind or character shall be placed or
stored upon the Property until construction is ready to commence,
and then such material shall be placed totally within the property
lines of the Lot upon which the improvements are to be erected.
(b) No boat, marine craft, hovercraft, aircraft,
recreational vehicle, camper, travel trailer, motor home, camper
body or similar vehicle or equipment may be parked for storage in
the driveway or front yard of any dwelling or parked on any public
street on the Property, nor shall any such vehicle or equipment be
parked for storage in the side or rear yard of any residence unless
properly concealed from public view. No such vehicle or equipment
shall be used as a residence or office temporarily or permanently.
This restriction shall not apply to any vehicle, machinery or
equipment temporarily parked while in use for the construction,
maintenance or repair of a residence in the Development.
(c) Trucks with tonnage in excess of one and one/half (1
1/2) tons and any commercial vehicle with painted advertisement
shall not be permitted to park overnight on the public streets
within the Property except those used by a builder during the
construction of improvements.
DECLARATION OF COVENANTS~ CONDITIONS AND
RESTRICTIONS FOR THE WOODLANDS OF COPPELL - Page 10 WOODLAND\CCR9.WC
(d) No vehicle of any size which transports flammable,
explosive or noxious cargo may be kept on the Property at any time.
(e) No motorized vehicle or similar equipment shall be
parked or stored in an area visible from any street except
passenger automobiles, passenger vans, motorcycles and pick-up
trucks (including 'those with attached bed campers) that are in
operating condition and have current valid license plates and
inspection stickers.
(f) No structure of a temporary character, such as a
trailer, tent, shack, barn, or other out-building shall be used on
the Property at any time as a dwelling house; provided, however,
that an approved builder may maintain and occupy (for the purpose
implied), model homes, sales offices and construction trailers
during the construction period, but not as a residence. Sales
offices and model homes must be approved by the Committee in
accordance with the requirements of Article VI.
(g) No oil drilling, oil development operation, oil
refining, pooling arrangements, quarrying or mining operations of
any kind shall be permitted in or on the Property, nor shall oil
wells, tanks, tunnels, mineral excavations or shafts be permitted
upon or in any part of the Property. No derrick or other structure
designed for use in quarrying or boring for oil, natural gas or
other minerals shall be erected, maintained or permitted on the
Property.
(h) No animals, livestock or poultry or birds of any
kind shall be raised, bred, or kept on any lot, except that dogs,
cats, or other household pets may be kept in reasonable numbers,
provided that they are not kept, bred, or maintained for any
commercial purpose. It is the purpose of these provisions to
restrict the use of the Property so that no person shall quarter on
the premises cows, horses, bees, hogs, sheep, goats, guinea fowls,
chickens, turkeys, skunks or any other animals that may interfere
with the quiet peace, health and safety of the community. No more
than four (4) household pets will be permitted on each Lot. Pets
must be restrained or confined within the house or in a secure
fence area not visible from the ground floor elevation of any other
Lots. It is the pet owner's responsibility to keep the Lot clean
and free of pet debris or noxious odors to adjoining Lots. ' All
animals must be properly registered and tagged for identification
in accordance with local ordinances.
(i) No Lot shall be used or maintained as a dumping
ground for rubbish, trash or garbage. All garbage shall be kept in
sanitary containers. Unless otherwise expressly permitted by the
Committee, garbage containers shall be situated and enclosed so as
not to be visible from any residential street or residential lot
inside the garage of each residence except on days of pickup.
Materials incident to construction of improvements may be only be
stored on Lots during construction of the improvement thereon.
(j)
on any Lot.
No individual water supply system shall be permitted
(k) No garage, garage house o~ other out-building
(except for sales offices and construction trailers during the
construction period) shall be occupied by any Owner, tenant or
other person prior to the erection of a residence.
(1) No air-conditioning apparatus shall be installed on
the ground in front of a residence. No gas or electric meter shall
be set nearer the street than the front or side of a dwelling
unless the meter is of an underground type.
(m) Except with the written permission of the Committee,
no antennas, satellite dishes or other equipment for receiving or
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE WOODLANDS OF COPPELL - Page 11 WOODLAND\CCR9.WC
sending sound or video signals shall be permitted in or on the
Property except antennas for AM or FM radio reception and UHF and
VHF television reception. Such antennas shall be located inside
the attic of the main residential structure except that, with the
written permission of the Committee, one (1) satellite dish or
similar antenna no greater than 20 inches in diameter may be placed
on.the rear roof of the residence so long as it is completely
screened from view from any adjacent street or other public area.
The Committee shall be the sole determinant as to the acceptable
placement of such satellite dish. Satellite dishes that are
greater in diameter than 20 inches shall not be permitted.
(n) No Lot or improvement thereon shall be used for a
business, professional, commercial or manufacturing purposes of any
kind. No business activity shall be conducted on the Property that
is not consistent and compatible with single family residential
purposes. No noxious or offensive activity shall be undertaken on
the Property, nor shall anything be done which is or may become an
annoyance or nuisance to the Properties. Nothing in this
subparagraph shall prohibit a builder's temporary use of a
residence as a sales/construction office for so long as such
builder is actively engaged in construction on the Property.
Nothing in this subparagraph shall prohibit an Owner's use of a
residence for quiet, inoffensive, non-intrusive activities (such as
tutoring, art and music lessons and/or professional counseling) so
long as no signage advertising such service is displayed on the
Property and such activities do not materially increase the number
of cars parked on the street or interfere with adjoining Owners'
peaceful use and enjoyment of their residences and yards.
(o) No fence, wall, hedge or shrub planting which
obstructs sight lines at an elevation between two and one half
(2 1/2) and nine (9) feet above the roadway shall be placed or
permitted to remain on any corner Lot within the triangular area
formed by the street right-of-way lines and a line connecting them
at points forty-five (45) feet from the intersection of such street
right-of-way lines, or in the case of a rounded property corner,
forty-five (45) feet from the intersection of the street right-of-
way lines as extended. Similar sight-line limitations shall apply
on any Lot for that area that is ten (10) feet from the
intersection of a street right-of-way line with the edge of a
residence driveway. No tree shall be permitted to remain wfthin
such restricted plantings area unless the foliage line is
maintained at a minimum height of nine (9) feet above the adjacent
ground line. Repair or replacement of any fence shall be of the
same or as close to the same as possible to the original
construction material.
(p) Except for children's playhouses (which shall have
a max. peak roof line of twelve feet), dog houses, and gazebos, no
previously constructed building may be moved onto any Lot, it being
the intent that only new construction be placed and erected on the
Property.
(q) Within the easements on each Lot, as designated on
the Subdivision Plat of the Development, no improvement, structure,
planting or materials shall be placed or permitted to remain which
might damage or interfere with the installation, operation and
maintenance of public utilities, or which might alter the direction
of flow within drainage channels or which might obstruct or retard
the flow of water through drainage channels.
(r) The general grading, slope and drainage plan of a
Lot as established by the approved Development plans may not be
materially altered without the written approval of the Committee
and/or the City (where such authority rests with the City).
(s) No sign of any kind or character shall be displayed
to the pubic view on any Lot except for one (1) professionally
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE WOODLANDS OF COPPELL - Page 12 WOODLAND\CCRg. WC
fabricated sign of not more than ten (10) square feet or as
approved by the Committee. One sign may be displayed for the
purpose of advertising the property for rent or sale, for political
purposes or by approved builders to advertise the property during
its construction and sales period. Declarant or its agents shall
have the right to remove any sign, billboard or other advertising
device that does not comply with the above, and in so doing shall
not be subject to any liability for trespass, or any other tort
arising in connection therewith from such removal, nor in any way
be liable for any accounting or other claim by reason of the
disposition thereof. Proper display of patriotic flags which do not
exceed four feet by six feet (4'x6') shall be permitted.
Development related signs owned and erected by the Declarant shall
be permitted.
(t) Outdoor clothes lines and drying racks are
prohibited.
(u) Except within fireplaces in the main residential
dwelling and proper equipment for outdoor cooking, no burning of
anything or open fires shall be permitted anywhere on the Property.
(v) No lot shall be used for, or contain a site for the
use of, landing and/or departure of helicopters and similar craft.
(w) No noxious offensive activity shall be carried on
upon any lot, nor shall anything be done thereon which may be or
may become an annoyance or nuisance to the neighborhood. No owner
shall do any work that will impair the structural soundness or
integrity of another residence or impair any easement or
hereditament, nor do any act nor allow any condition to exist
which will adversely affect the other residences or their owners.
No exterior lighting of any sort shall be installed or maintained
on a lot where the light source is offensive or a nuisance to
neighboring property (except reasonable security or landscape
lighting that has approval of the Committee and does not shine
directly upon the property of other owners). No exterior speakers,
horns, whistles, bells or other sound devices (except security
devises such as entry door and patio intercoms used exclusively to
protect the lot and improvements situated thereon) shall be placed
or used upon any lot.
(x) The digging of dirt or the removal of any dirt from
any lot is expressly prohibited except as necessary in conjunction
with the landscaping of or construction on such lot. No trees shall
be cut or removed except to provide for the construction of
improvements or to remove dead or unsightly trees.
7.6 MINIMUM FLOOR AREA. The total air-conditioned living
area of the main residential structure, as measured to the outside
of exterior walls (but exclusive of open porches, garages, patios
and detached accessory buildings), shall be not less than Three
Thousand (3,000) square feet, with the minimum air-conditioned
living area on the ground floor, not less than Two Thousand
(2,000) square feet.
7.7 BUILDING MATERIALS. The total exterior wall area of each
residence constructed on a Lot shall not be less than eighty
percent (80%) brick, brick veneer, stone, stone veneer, or other
masonry material approved by the Committee (but not less than the
minimum percentage as established by the City by ordinance or
building code requirement). Windows, doors and other openings,
gables or other areas above the height of the top of standard
height first-floor'windows are excluded from calculation of total
exterior wall area. The roofs of principal and secondary structures
which are exposed to public view shall be wood shingle, shake,
slate, clay, neutral tone tile, or architectural series quality
composition shingle (240 pounds per square or more) and of either
a weathered wood color or barkwood color, unless some other
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE WOODLANDS OF COPPELL - Page 13 WOODLAND\CCRg. WC
material is approved by the Committee. Ail residences shall have a
minimum 7x12 and maximum 12x12 roof pitch on the major portions of
the building unless otherwise approved by the Committee.
7.8 SIDE LINE AND FRONT LINE SETBACK REQUIREMENTS. No
dwelling shall be located on any Lot nearer to the front lot line
than the minimum setback lines shown on the Subdivision Plat. No
dwelling shall be located nearer the side lot lines than 8 feet.
Unless approved by the Committee, the dwelling shall be located no
further behind the front building line than five (5) feet.
7.9 WAIVER OF FRONT SETBACK REQUIREMENTS. With the written
approval of the Committee, a residential structure may be located
farther back from the front property line of a Lot than provided in
Paragraph 7.8 above, where, in the opinion of the Committee, the
proposed location of the structure will not negatively impact the
appearance or value of the Property or adjacent Lots.
7.10 FENCES AND WALLS. Ail Lots shalt have eight foot high
privacy fences extending from the main structure to the rear of the
Lot and all Lots shall have eight foot high privacy fences along
the rear of the Lot with the exception of Lots 1,2,3,4,5,6,
20,21,27,28 and 29, Block A. No fence or wall on any Lot shall
extend nearer to any street than twenty-five (25) feet from the
front of the residence thereon. Sideyard fencing adjacent to a
street on a corner lot shall not extend nearer to the street than
the minimum setback lines shown on the Subdivision Plat. The Owner
shall construct an eight (8) foot privacy fence along the rear of
Lots 6 through 20 Block A. The fence on Lot 6 will be constructed
to the floodplain limit along the southern property line. No gates
will be permitted on that portion of fence to be constructed by the
Developer on Lots 6 through 20 Block A. The Owners of Lots 1, 20,
21, 27, 28, and 29 of Block A shall step up or down that portion of
their sideyard or rear privacy fence, which approaches Coppell Road
screenwall, in maximum one foot intervals, to a point where the
last ten (10) feet, which connects to the subdivision screening
wall, is at an elevation below that of said subdivision screening
fence. Owners of Lots 1, 20, 21, 27 and 28 of Block A will not be
permitted to construct any screening fence on their lots parallel
and adjacent to Coppell Road unless otherwise approved by the
Committee. Sideyard fences on corner lots and fence returns between
the main structure and the side lot line, where said fence return
is visible from the street or common areas shall be constructed of
the following material: a) the masonry product approved for the
primary residence, or b) constructed using masonry columns, minimum
18 inches square, eight and one half (8 1/2) feet high, and on
maximum 12 foot centers (10 foot minimum). A column shall be
constructed at the front fence corner and at the rear lot corner.
In the event an existing fence has been constructed or previously
approved and is under construction, that lot Owner will be
responsible for the common rear column. The remaining portion of
all required fences shall be board on board constructed of number
one cedar with a cap. All privacy fence shall be a minimum eight
(8) feet in height as measured from the prevailing ground line
adjacent thereto. Any fence or portion thereof that faces a public
street shall be constructed so that all structural members and
support posts will be on the side of the fence away from the street
and are not visible from such street right-of-way. Lots I through
6 Block A shall be fenced, at the rear of the building pad, using
a subdivision standard four (4) foot black ornamental metal fence
or as approved by the Committee. The ornamental metal fence along
the rear of Lots I through 6 Block A may have gates. With the
exception of the screening fence along Coppell Road, the individual
Lot Owners will be responsible for maintaining and/or replacing
privacy fences.
7.11 SIDEWALKS. Ail walkways along public rights-of-ways shall
conform to the minimum standards of the City.
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RESTRICTIONS FOR THE WOODLANDS OF COPPELL - Page 14 WOODLAND\CCRg. WC
7.12 MAILBOXES. Mailboxes shall be of a design and
specification as meets the standards of the U.S. Postal Service,
and shall be constructed of masonry of the same type as the main
dwelling structure and as approved by the Committee.
7.13 CHIMNEY FLUES. Chimney stacks shall be enclosed One
Hundred Percent (100%) in brick or masonry of the same type as the
main dwelling structure.
7.14 WINDOWS.
(a) Window jambs and mullions on all residences shall be
of anodized, baked-on painted aluminum (no mill finish), wood
materials or as approved by the ARC. The color is to be black, dark
bronze, or as approved in writing by the Committee.
(b) Declarant has established a plan to prohibit the
installation of windows on certain sides of multi-story residences
constructed on a Lot in order to enhance privacy of adjoining lots.
No windows shall be installed at any time on any portion of a
residence or other structure constructed on a Lot above the first
floor level on those sides of the residence or other structure on
which Declarant prohibits the installation of windows.
7.15 LANDSCAPING. Landscaping of each Lot shall be completed
within sixty (60) days after the dwelling construction is
completed, subject to extension for delays caused by inclement
weather or for seasonal planting limitations. Minimum landscaping
requirements for each Lot shall include grassed (and/or similarly
approved ground covering) for the front and side yards.
7.16 LAWN MAINTENANCE. No Lot shall be used or maintained as
a dumping ground for rubbish, trash or garbage. All garbage shall
be kept in sanitary containers. Unless otherwise expressly
permitted by the Committee, Garbage containers shall be situated
and enclosed so as not to be visible from any residential street or
residential lot. If, at any time, an Owner of any Lot shall fail to
control weeds, grass an/or other unsightly growth, Declarant or the
Association shall have the authority and right to go onto said Lot
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 not to exceed Seven Hundred Dollars ($700.00) for mowing
or cleaning said Lot on each respective occasion~of such mowing or
cleaning. The Assessments, together with interest (at the highest
permitted by lawful rate per annum) and any costs of collection
thereof , shall be a charge on the Lot and shall be~a continuing
lien upon each Lot against which each such assessment is made. Each
such assessment, together with interest thereon and costs of
collection thereof, shall also be the continuing personal
obligation of the Owner of such Lot at the time when the assessment
occurred. The lien securing any such assessment shall be
subordinate and inferior to the lien of any mortgage and any
renewals or extensions thereof existing prior to the assessment
date.
7.17 CONSTRUCTION COMPLETION. With reasonable diligence and in
all events within seven (7) months from the commencement of
construction, unless completion is prevented by war, labor strike
or an act of God, any residential dwelling commenced on any lot
shall be completed as to its exterior, and all temporary structures
shall be removed. Out-buildings shall be completed within two (2)
months.
7.18 BASKETBALL EQUIPMENT. Basketball goals, backboards and
nets shall not be permitted upon any lot without prior written
approval by the Committee. No basketball goals, backboards and nets
shall in any case be located closer to the street than the front
building line.
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RESTRICTIONS FOR THE WOODLANDS OF COPPELL - Page 15
NOODLAND\CCR9.14C
7.19 POOL EQUIPMENT. Above ground pools are expressly
prohibited. All pool service equipment shall be fenced and located
in either (a) a sideyard between the front and rear boundaries of
the dwelling, or (b) in the rearyard adjacent to the dwelling; and
shall not be visible from any residential street.
7.20 RETAINING WALLS. It shall be the responsibility of the
owner of any lot requiring retaining walls to construct said wall
at the time the primary residence is constructed. Any builder
making a cut or fill which such grade exceeds 3:1 must submit to
the Committee a wall design for approval. Where required to comply
with the approved lot grading plan, the lot owner will be required
to construct retaining walls.
7.21 EROSION CONTROL. During construction of improvements and
prior to landscaping, reasonable measures will be taken to prevent
excessive erosion of lots, causing silt to be deposited in the
streets and in the storm drainage system. Protection can be by
retaining walls, berm, hay bales or other means suitable for each
individual Lot. The Lot owner will be responsible for
removing excessive silt accumulations from the street.
7.22 BUILDING PERMITS. The Building Inspector of the City of
Coppell, Texas, or other municipal authority, is hereby
authorized and empowered to revoke, as the case may be, any and all
permits for construction of improvements of any kind or character
to be erected or placed on any of the Property, if such
improvements do not conform to and comply with the restrictions set
out herein. It is understood the City of Coppell codes prevail.
Additionally, the City of Coppell Certificates of Occupancy, will
be subject to certification of the lot grading being completed in
accordance with the City approved grading plans and the builder
approved lot grading submittal.
7.23 RECONSTRUCTION COMPLETION TIME. In the event that
residence is partially or totally damaged by fire or other causes,
construction or reconstruction of the damaged residence, or portion
thereof, must commence within one-hundred twenty (120) days after
the occurrence causing the damage. No construction or
reconstruction shall commence until plans and specifications have
been submitted to the Committee and subsequently approved.
7.24 WAIVER BY THE ARCHITECTURAL REVIEW COMMITTEE. The
Committee may, at its discretion, approve construction of a
structure lacking not more than 10% of the minimum square footage
required by Paragraph 7.7 above, and may waive such other.
variations from these restrictions as said Committee deems, in its
sole discretion, not to be inconsistent with the general tenor and
purpose of these restrictions.
7.25 GENERAL MAINTENANCE.
(a) Following occupancy of the residence on any Lot,
each Owner shall maintain and care for the Home, all improvements
and all trees (including those in the front street parkway),
foliage, plants, and lawn areas on the Lot and otherwise keep the
Lot and all improvements thereon in good condition and repair and
in conformity with the general character and quality of properties
in the immediate area. Such maintenance and repair to include but
not be limited to: (i) the replacement of worn and/or rotted
components; (ii) the regular painting of all exterior surfaces;
(iii) the maintenance, repair and replacement of roofs, rain
gutters, downspouts, exterior walls, fences, windows, doors, walks,
drives, parking areas and other exterior portions of the Home to
maintain an attractive appearance; (iv) regular mowing and edging
of lawn and grass areas; and (v) ensuring the integrity of drainage
easements. Upon failure of any Owner to maintain a Lot owned by him
in the manner prescribed herein, the Declarant or the Association,
or either of them, at its option and discretion, but without any
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE WOODLANDS OF COPPELL - Page 16 WCODLAND\CCR9.WC
obligation to do so, but only if such non-compliance continues five
(5) days after written notice to such Owner, may enter upon such
Owner's Lot and undertake to maintain and care for such Lot to the
condition required hereunder and the Owner thereof shall be
obligated, when presented with an itemized statement, to reimburse
said Declarant and/or Association for the cost of such work within
ten (10) days after presentment of such statement.
(b) The Association shall bear the responsibility for
the operation, maintenance, repair and, if required, the
replacement of the masonry entry features, signs, lighting,
landscaping located in the "Areas of Common Responsibility" 'as
defined in ARTICLE ONE. The Association shall pruning as necessary
at the entrance to maintain City required visibility triangle. The
landscape and maintenance easements are reserved in favor of
Declarant and the Association for the performance thereof. The
Association will be responsible for maintenance that portion of the
east alley parkway, between the alley pavement and the rear of Lots
10 through 20 Block A.
(c) The Association shall operate, maintain and, when
necessary, repair and/or replace the landscaping improvements and
irrigation systems located in the Areas of Common Responsibility
including south parkway of Coppell Road, each of.the three common
areas at the entry, entry planting area and signage. Additionally
the Association will be responsible for ensuring the free flow and
integrity of the floodway maintenance area (where natural slopes
exceed 4:1) and where such operation and maintenance is not
contrary to the requirements and limitations of the City.
ARTICLE VIII
OBLIGATION TO IMPROVE PROPERTY,
RIGHT OF FIRST REFUSAL, AND WAIVER
8.1 OBLIGATION TO IMPROVE PROPERTY. If any Owner of a Lot
does not, within eighteen (18) months after receipt of title to
such Lot begin (and thereafter continue to completion) substantial
and meaningful construction of a building upon said Lot (which
building shall comply with all provisions of this Declaration)~ the
Declarant conveying such Lot or its assignee ("Optionee"), shall
have an option to repurchase said lot for a purchase price equal to
the purchase price paid by such Owner ("Optionor") for said Lot.
This option to repurchase must be exercised in writing within six
(6) months after the expiration of the above-referenced eighteen
(18) month period. Closing of the repurchase shall take place
within ninety (90) days after the exercise of the option to
repurchase and shall be held at the office of Optionee or at the
office of the title company selected by Optionee. At the closing,
Optionee may deem necessary to properly convey title to said Lot to
Optionee, its successors and assigns. For the purposes hereof,
"substantial and meaningful construction" shall mean the
commencement of construction of a component part of the building,
such as the laying of a foundation of the building. Such activities
as erecting stakes, unloading dirt, and erecting batter boards
shall be insufficient activities for these purposes.
8.2 RIGHT OF FIRST REFUSAL. For so long as any Owner has not
commenced substantial and meaningful construction upon a lot
covered by this Declaration, Declarant shall have the right to
repurchase any of such lots upon the terms and conditions set forth
in this Paragraph 8.2. In the event such Owner shall receive a bona
fide offer for the purchase of any Lot upon which has not already
begun such construction of a single family residence, Owner shall
either refuse such offer or give Declarant written notice setting
out in full the details of such offer, which notice, among other
things, shall include a true and correct copy of the offer made to
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE WOODLANDS OF COPPELL - Page 17 WOODLAND\CCR9.WC
Owner. Upon delivery of the notice with respect to such offer,
Declarant shall have the exclusive right and option, exercisable at
any time during a period of fifteen (15) days after the date of
delivery of such notice, to purchase such lot (or Lots) at the
lesser of (i) the bona fide purchase price per lot as set forth in
the applicable sales contact or (ii) the price specified in such
bona fide offer.
Within fifteen (15) days after the date of the delivery of
such notice from Owner, Declarant shall give Owner a written
statement indicating whether or not Declarant intends to exercise
the option herein granted. Failure to notify Owner within such
fifteen (15) day period shall be presumed an election not to
exercise the option. If Declarant elects to exercise the option,
the sale and purchase shall be closed upon the same date as
contained in such bona fide offer: provided, however, in no event
shall such closing occur prior to forty-five (45) days after the
date of the delivery of such notice from Owner to Declarant, unless
Declarant and Owner agree in writing on another date. If Declarant
does not elect to exercise such option, Owner shall be free to sell
any such Lot (or Lots) upon the terms and conditions set forth in
such bona fide offer. Any sale after the failure of Declarant to
exercise its option as herein provided must be made strictly upon
the terms and conditions and to the person or entity described in
such bona offer, and any sale to a different person or entity or
upon changed terms and conditions shall be subject to the same
option and the same notice requirements set forth herein.
8.3 WAIVER OF OBLIGATION TO IMPROVE PROPERTY. The provisions
of paragraph 8.1 above may be waived or modified by Declarant as to
any Lot purchased by an Owner from such Declarant. In addition,
Declarant shall have the right in its discretion from time to time
to grant extensions of the said eighteen, (18) month period by
written notice of such extension given to any Owner affected
thereby.
AI~TICLE IX
GENERAL PROVISIONS
9.1 EASEMENTS.
(a) Utility easements. Easements for the installation,
operation and maintenance of all public utilities desiring to use
same and for drainage facilities are reserved for the purposes
indicated as shown on the Subdivision Plat. Full rights of ingress
and egress shall be had by Declarant, and any bona fide public
utility company at all times over the easement areas for the
installation, operation, maintenance, repair or removal of any
utility together with the right to remove any obstruction that may
be placed in such easement that would constitute interference with
the use of such easement, or with the use, maintenance, operation
or installation of such utility. The Lot Owner is responsible for
the maintenance of all drainage and use easements platted as part
of the respective lots.
(b) Inqress, Eqress and Maintenance, by the Association.
Full rights of ingress and egress shall be had by the Association
at all times over and upon the Areas of Common Responsibility for
the purpose of maintaining the Areas of Common Responsibility as
set forth herein.
(c) Police Power Easement. With respect to streets,
easements and rights-of-way within the Property, the City and all
other government agencies and authorities shall have full rights of
ingress, egress and access for personnel and emergency vehicles for
maintenance, police and fire protection, drainage and other lawful
police powers designed to promote the health, safety and general
DECLARATION OF COVENANTS, CONDITIONS AND . _
RESTRICTIONS FOR THE WOODLANDS OF COPPELL - Page 18 WOODLAND\CCR9.WC
welfare of the residents within the Property.
9.2 ENFORCEMENT. The Declarant or the Association, or any
Owner, shall have the right to enforce, by any proceeding at law or
in equity, these restrictions, conditions and covenants and any
reservations, liens and charges now or hereafter imposed by the
provisions of this Declaration, the By-Laws and Articles of
Incorporation of the Association. Failure by the Association or by
any Owner to enforce any covenant or restriction herein imposed
shall in no event be deemed a waiver of the right to do so
thereafter. With respect to any litigation hereunder, the
prevailing party shall be entitled to recover reasonable attorneys
fees from the non prevailing party.
9.3 SEVERABILITY. Invalidation of any one (1) of these
covenants or restrictions by judgment or court order shall in no
wise affect any other provisions which shall remain in full force
and effect.
9.4 TERM. The covenants and restrictions of this Declaration
shall run with and bind the Property, and shall inure to the
benefit of and be enforceable by Declarant (during the time it owns
any Lots), the Association, or the Owner of any Lot subject to this
Declaration, their respective legal representatives, heirs,
successors and assigns, for a term of twenty-five (25) years from
the date this Declaration is recorded, after which time said
covenants shall be automatically extended for successive periods of
ten (10) years, unless by vote, the then Owners of 67% of the Lots
agree in writing to terminate or change this Declaration in whole
or in part and such writing is recorded in the Real Property
Records of Dallas County, Texas.
9.5 AMENDMENTS. Notwithstanding Section 9.4 of this Article,
these Covenants and Restrictions may be amended and/or changed in
part as follows:
(a) during the ten (10) year period immediately
following the date of recordation of the Covenants and Restrictions
with the consent of at least fifty-one percent (51) % of the
outstanding votes of all members in Good Standing;
(b) in all other situations, these Covenants and
Restrictions may be amended or changed upon the express written
consent of at least seventy-five (75) % of the outstanding votes of
all members in Good Standing.
No amendment shall be effective until a written instrument
setting forth the terms thereof has been executed by the secretary
~of the Association confirming the vote of the Members adopting such
amendment as required above and recorded in the office of the
County Clerk of Dallas County, Texas.
9.6 GENDER AND GRAMMAR. The~ singular wherever used herein
shall be construed to mean the plural when applicable, and such
grammatical changes required to make the provisions hereof apply
either to corporations or individuals, men or women, in all cases
shall be assumed as though fully expressed in each case.
9.7 MANNER OF ENFORCEMENT. Enforcement of these covenants and
restrictions shall be by any proceeding at law or in equity,
including, without limitation, an action for injunctive relief, it
being acknowledged and agreed that a violation of the covenants,
conditions and restrictions contained herein could cause
irreparable injury to Declarant and/or the other Owners and that
Declarant's and/or any Owner's remedies at law for any breach of
the Owners' obligations contained herein would be inadequate.
Enforcement may be commenced by the Association, the Declarant, or
any Owner against any person or persons violating or attempting to
violate them, and failure by the Association, the Declarant or any
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE WOODLANDS OF COPPELL - Page 19
WOODLAND\CCR9. I,,IC
Owner to enforce any covenant or restriction herein contained shall
in no event be deemed a waiver of the right to do so thereafter.
9.8 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 forty-
eight (48) hours after deposited in the United States Mail, postage
prepaid, certified or registered mail, and addressed to the last
known address of the person who appears as Member or Owner on the
records of the Association at the time of such mailing.
9.9 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.
9.10 FORMATION OF ASSOCIATION: INSPECTION OF DOCUMENTS, BOOKS
AND RECORDS. The Association shall be formed by Declarant as a non-
profit corporation in accordance with the laws of the State of
Texas. Management and governance of the Association shall be
implemented and/or undertaken in accordance with its Articles of
Incorporation, in accordance with this Declaration, and in
accordance with the By-laws which shall be adopted by the
Association following its formation. The Association shall make
available at reasonable cost copies of the Declaration, By-laws,
Articles of Incorporation, rules and regulations governing the
Association. All minute books, meeting and other records and
financial statements of the Association shall be held available for
inspection by any Owner or any Mortgagee during normal business
hours or at such other reasonable times as the Board of Directors
may approve.
9.11 INDEMNITY. The Association shall indemnify, defend and
hold harmless Declarant, the Board of Directors, the Committee and
each director, officer, employee and agent of Declarant, the Board
of Directors and the Committee from all judgments, penalties
(including excise and similar taxes), fines, settlements and
reasonable expenses (including attorneys' fees) incurred by 'such
indemnified person under or in connection with this Declaration or
the Property to the fullest extent permitted by applicable law.
Such indemnity to include matters arising as a result of the sole
or concurrent negligence of the indemnified party, to the extent
permitted by applicable law.
9.12 FHA / VA APPROVAL REQUIREMENT. As long as there remains
any Class B membership and any first lien mortgage is in effect
with respect to any Lot which is insured by the Federal Housing
Administration ("FHA") or the Veterans Administration ("VA"), the
following actions shall require prior approval of FHA or VA (to the
extent such approval is required under the then applicable FHA or
VA regulations), to wit: (i) amendment of the Articles of
Incorporation, Declaration or Bylaws; (ii) annexation of additional
property; and (iii) dissolution of the Association.
9.13 FAILURE OF ASSOCIATION TO PERFORM DUTIES. Should the
Association fail to carry out its duties as specified in this
Declaration, the City or its lawful agents shall have the right and
ability, after due notice to the Association, to remove any
landscape systems, features or elements that are the responsibility
of and cease to be maintained by the Association; to perform the
responsibilities of the Association if the Association fails, to do
so in compliance with any of the provisions of this Declaration or
of any applicable City codes or regulations; to assess the
Association for all costs incurred by the City in performing said
responsibilities if the Association fails to do so; and/or to avail
itself of any other enforcement actions available to the City
pursuant to state law or City codes and regulations. Should the
City exercise its rights as specified above, the Association shall
indemnify and hold harmless the City from any and all costs,
expenses, suits, demands, liabilities or damages, including
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE WOODLANDS OF COPPELL - Page 20 WOODLAND\CCRg. Wc
attorney's fees and costs of suit, incurred or resulting from the
City's removal of any landscape systems, features or elements that
cease to be maintained by the Association or from the City's
performance of the aforementioned operations, maintenance or
supervision responsibilities of the Association due to the
Association's failure to perform said duties. The obligations
described in this paragraph are solely obligations of the
Association, and no other party, including without limitation, the
Declarant or any Owner, shall have any liabilities or obligations
in connection therewith.
IN WITNESS WHEREOF, the undersigned, b~ing the Declarant
herein, has hereto set its hand this the 17th day of October,
1995.
W.O.C..INVESTMENTS, INC.
a Texas corporation
R. Thompson, ~resident
DECI...XR,,XTI'O,"I OF COV}'..N.,XNTS, CONB,'TIONS AND
RF. qTRICTIONS FOR TH,q WOODI.ANDS OF COI'I'F'.I.I. - Page 21 WOODLAND\IIOA\CCR9.WC
STATE OF TEXAS
ACKNOWLEDGMENT
COL~TY OF DALLAS ~
This instrument was acknowledged before me on the 17~ day of
October, 1995, by J.R. Thompson, President of W.O.C. INVESTMENTS,
INC., a Texas Corporation, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me
that he has executed the same for the purposes and consideration
therein expressed and in the
NOTARY PUBLIC
State of Texas
capacity~~k~.t~erein ~s. tated.
NOTARY PUBLIC, STkTE OF TEXAS
Printed Name: ~,~-~a[/ ~. ~6~
My Commission Expires: z-&- q9
DU. CI.ARATION OF COVF..NAN'FS, COND~I'IONS AND
RF2~TRIC'I']'ONS F(}R ']'HI~, WOODI.ANDS OF CO['P;",i.l, - Page 22 WOODLAN1)\HOA\CCI',9.WC
EXHIBIT "A"
BEING 38 Lots out of THE WOODLANDS OF COPPELL, an addition to the
City Coppell, Dallas County, Texas according to the recorded plat
thereof filed of record in Volume 95200, Page 2733, at the Map
Records of Dallas County, Texas, same more particularly described
as follows:
Lots 1 through 29, Block A,
and
Lots 1 through 9, Block B.
DEC[.ARATION OF COVF. NAN'rS~ COND['I'IONS AND woODLANi)%HOA%CCi,~9.WC
RIS~;TRICTIONS 1"OF, THE \vOODI.^NDS OF COI'I'EI.L Page 23