HOA Agreement - draft
DECLARATION OF COVENANTS AND RESTRICTIONS
HOMEOWNERS ASSOCIATION AGREEMENT
PETTERSON ADDITION
COPPELL, TEXAS
THE STATE OF TEXAS {}
COUNTY OF DALLAS {}
These Covenants made as of August 1,2006, by Endeavor Custom Homes, a Texas Limited Partnership:
WITNESSETH:
Whereas, Developer desires to establish the Land as a single family development consisting of lots
which are individually owned in fee simple;
Whereas, Developer desires to establish certain covenants, easements and restrictions for the
mutual benefit and protection of the Owners;
Now, therefore, Developer does hereby publish and declare that the following terms, provisions,
covenants, conditions, easements, restrictions, reservations, uses, limitations, and obligations shall
run with the Land, and shall be a burden and benefit to the Developer, the Owners and their
respective heirs, legal representatives, successors and assigns:
ARTICLE I
DEFINITIONS
Section 1.01 As used in these Covenants, the following terms shall have the meaning set forth below:
(a) "Association" shall mean the ENDEAVOR CUSTOM HOMES OWNERS
ASSOCIA nON, a Texas non-profit corporation, created for the purposes and
Possessing the rights, powers, and authority set forth herein and in the Charter.
(b) "Board of Directors" shall mean the Board of Directors of the Association named the
Charter and their successors as du1y elected and qualified from time to time.
(c) <<Building" shall mean any vertical structure located on the Land.
(d) <<Bylaws" shall mean the Bylaws of the Association initially adopted by the Board of
Directors, as du1y amended from time to time.
(e) <<Charter" shall mean the Articles of Incorporation of the Association filed with the
Secretary of State of Texas as duly amended from time to time.
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(f) "Covenants" shall mean the covenants, conditions, easements, charges, servitudes,
liens, reservations, and assessments set forth herein.
(g) "Deed" shall mean a deed or other instrument conveying the fee simple title to a lot.
(h) "Developer" shall mean Endeavor Custom Homes, a Texas Limited Partnership, and
any party to whom it shall expressly assign in writing its rights, powers, privileges, or
prerogatives hereunder.
(i) "First Lien Indebtedness" shall mean any indebtedness secured by a fIrst and prior lien
or encumbrance upon a Lot.
(j) "First Mortgage" shall mean any bank, insurance company, savings and loan
association, mortgage company, agency, or instrumentality of the United States
Government or other institutional holder of First Lien Indebtedness.
(k)"Land" shall mean that certain tract ofland located in Dallas County, Texas, and more
particularly described in Exhibit "A" attached hereto and made a part hereof, together with
all and singular the rights and appurtenances pertaining thereto.
(1) "Lot or Lots" shall mean, individually or collectively, those certain lots designated as
Lots 1-4, Block a, Petterson Addition. A subdivision of 2.2678 acres of land out of the
George W. Jack Survey, Abstract No. 694 an addition to the City of Coppell, Dallas
County Texas. Any portion of street right-of-way as designated on said plat (including any
portion of said street right-of-way designated thereon) as a part of the Common area of the
Association) is not subject to voting, payment or other entitlement of the true residential
"Lots" of the subdivisions, as deftned in this paragraph.
(m) "Owner" shall mean and refer to the person or persons, entity or entities,
which own or record fee simple title to a Lot. The term "Owner" to exclude
any person or persons, entity or entities, having an interest
(n) "Plat" shall mean that certain Plat depicting the Endeavor Custom Homes, an addition
to the City ofCoppell, Dallas County, Texas as approved by the City Council of the City of
Coppell, Texas for recording in the Map Records of Dallas County, Texas, as the same may
be amended from time to time.
(0) "Residents" shall mean that portion of a Building which is located wholly on a Lot and
which is designed as a single-family dwelling unit (including that portion of any such
Residence which is a garage for the parking of automobiles).
ARTICLE II
GENERAL PROVISIONS
Section 2.01 The land shall be subject to the Covenants and said Covenants shall run with, be for
the beneftt of, and blind and burden the Land.
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Section 2.02 The Covenants shall be binding upon and for the benefit of each owner and his heirs,
executors, administrators, trustees, personal representatives, successors, and assigns, whether or
not so provide or otherwise mentioned in the Deed.
ARTICLE III
USE RESTRICTIONS
Section 3.01 All lots within the land are hereby restricted as follows:
(a) All lots shall be used for single-family residential purposes only. No Building or
structure shall be erected, altered, placed, or permitted to remain on any Lot other than a single-
family dwelling and, if any, its customary and usual accessory structures (unless prohibited
herein). No Building or structure intended for or adapted to business purposes shall be erected,
placed, permitted, or maintained on such premises, or any part thereof, save and except those
related to development, construction, and sales purposes of the Developer. This covenant shall be
construed as prohibiting the engaging in or practice of any commerce, industry, business, trade, or
profession on any lot. The restrictions on use herein contained shall be cumulative of, and in
addition to, such restrictions on usage as may from time to time be applicable under and pursuant
to the statues, rules, regulations, and ordinances of the City of Coppell, Texas, or any other
governmental authority having jurisdiction over any lot.
(b) No Residence constructed in the Petterson Addition shall contain less that 4,000 square feet of
fully enclosed floor area devoted to living purposed measured from exterior wall to exterior wall
for any residence. The fully enclosed floor area devoted to living purposes shall be exclusive of
porches, terraces, garages, and other areas not heated or air conditioned. In addition to the
foregoing, all Residences shall have a garage of sufficient size for at least two automobiles.
(c) No exterior television, radio, satellite disk, or other antenna of any type shall be placed,
allowed, or maintained upon any Lot or Building without prior written approval and authorization
of the Board of Directors, as hereinafter defined. The Board of Directors may consider permitting
such if such receivers are screened from view from any street or road.
(d) The exterior walls of the first floor of each Building on a Lot shall be 100% stucco or 80%
cast stone, or brick, exclusive of doors and windows. Each story above the first story of a
Residence shall have masonry coverage consistent with the coverage of the first floor and
ordinances of the City ofCoppell, Texas. All exterior fireplaces shall be of masonry construction.
(e) No exterior storage of any items of any kind shall be permitted except with prior written
approval and authorization of the Board of Directors. Any such storage as is approved and
authorized shall be in areas attractively screened or concealed (subject to all required approvals as
to architectural control) from view from neighboring property, pathways, and streets. This
provision shall apply without limitation to campers, trailers, boat trailers, travel trailers, boats,
mobile homes, and unmounted pickup camper units. Also without limitation, no automobile,
truck, unregistered vehicle, or other vehicle, regardless of ownership, age, condition, or appearance
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shall remain on any lot in any manner which could be construed as being stored, neglected,
abandoned, or otherwise not in frequent use, except pursuant to written approval and authorization
of the Board of Directors.
(f) No garbage or trash will be placed about the exterior of any Building, except in receptacles
meeting the specifications of the City ofCoppell, Texas, and the Board of Directors, and the
placement, maintenance, and appearance of all such receptacles shall be subject to reasonable rules
and regulations of the Board of Directors. All rubbish, trash, and garbage shall be regularly
removed from each Lot and shall not be allowed to accumulate thereon.
(g) No machinery, fixtures, or equipment of any type, including without limitation, heating, air
conditioning, or refrigeration equipment, and clotheslines shall be placed, allowed, or maintained
upon the ground on any Lot, except with the prior written approval and authorization of the Board
of Directors, and then only in areas attractively screened or concealed (subject to all required
approvals as to architectural control) from the view of neighboring property, pathways and streets;
and no such machinery, fixtures, or equipment shall be place, allowed, or maintained anywhere
other than on the ground (such as on the roof) except if screened or concealed (subject to all
required approvals as to architectural control) in such manner that the screening on concealment
thereof appears to be part of the integrated architectural design of the building and does not have
the appearance of a separate piece or pieces of machinery, fixtures or equipment.
(h) No gas, electric power, telephone, water, sewer, cable television, or other utility or service
lines of any nature or kind shall be placed, allowed, or maintained upon or above the ground on
any Lot, except along the PERIMETER BOUNDARY OF THE Land except to the extent, if any,
underground placement thereof may be prohibited by law or would prevent the subject line from
being functional. The foregoing shall not prohibit service pedestals and above-ground switch
cabinets and transformers where required.
(i) No open fires or burning shall be permitted on any Lot any time, and no incinerators, or like
equipment shall be placed, allowed, or maintained upon any Lot. The foregoing shall not be
deemed to include the use, in customary fashion, of outdoor residential barbecues or grills;
however, such barbecues shall not include underground or pit barbecues on any ongoing basis.
(j) Except with respect to signs and advertisements placed and maintained by the Developer prior
to the conveyance by it of all of the Lots, no exterior sighs or advertisements may be placed,
allowed, or maintained on any Lot without prior written approval and authorization of the Board of
Directors, except for (i) during the applicable initial construction and sales period, one professional
sign (of not more than fifteen (15) square feed in size) per Lot may be utilized for advertising and
sales purposed; (ii) thereafter, a dignified "for sale" sign (of not more than five (5) square feet in
size) may be utilized by the Owner of the respective Lot for the applicable sale situation; (iii)
mailboxes and residential name plates may be placed and maintained in conformity with such
common specifications, including without limitations, reasonable restrictions, as to size, as may be
adopted by the Board of Directors, and (iv) yard signs during election periods as permitted by the
City of Coppell.
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(k) No on-going repairs of any detached machinery, equipment, or fixtures, including without
limitation motor vehicles, shall be made upon any portion of any Lot within view of neighboring
property, pathways and streets, without prior written approval and authorization of the Board of
Directors.
(1) No oil exploration, drilling, development or refining operation, and no quarrying or mining
operations of any kind, including oil wells, service, tanks, tunnels, or mineral excavations or shafts
shall be permitted upon or under any Lot; and no derrick or other structure designed for use in
boring for oil or natural gas shall be erected, maintained, or permitted on any Lot.
(m) No Lot shall be maintained or utilized in such a manner as (in the discretionary judgment of
the Board of Directors) to present any unsightly appearance, or as to unreasonably offend the
morale of or as to constitute a nuisance or unreasonable annoyance to, or as to endanger the health
of, other owners or residents of the Land, and no noxious or otherwise offensive condition or
activity shall be allowed to exist or be conducted thereon.
(n) No Lot shall be maintained or utilized in violation of the Covenants.
(0) Motor vehicles owned or in the custody of any Owner can be parked only in the garage or
garage apron located upon pertaining to such owner's Lot, or in parking areas designated by the
Board of Directors. No buses, vans, or trucks having a carrying capacity in excess of% tons or
designed for commercial purposed shall be placed, allowed or maintained on any Lot, except with
prior written approval and authorization of the Board of Directors.
(P) The garage door on each lot shall be kept closed at all times except when such garage is being
entered or exited, and all garages which face a public street shall have operational automatic
garage door openers.
(q) No Building or improvement (fences, etc.) shall be permitted to fall into disrepair, and any
such Building shall at all times be kept in good condition and repair, adequately painted, or
otherwise finished.
(r) The Owners of any Lot shall have the right to lease or rent all, but not less than all, of such Lot
with the Residence and appurtenances thereon. Any such lease or tenancy is and shall be subject
to all of the provisions of this Declaration.
(s) Front yard or publicly visible side yard retaining wall shall be of stone, brick, or other
approved materials. Other materials such as railroad ties or boards are not permitted unless
specifically approved by the Board of Directors.
(t) Any fence or wall must be constructed of wrought iron or vinyl. No wooden lab fencing or
shadow box fencing is permitted. No fence shall exceed eight feet (8') in height.
(u) All lots shall have full irrigation facilities for all landscaped or grass covered area.
(v) All composition roof covering material shall be five (5) tab or above.
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(w) All homes shall be constructed using Hardiboard for all facia and soffitt.
ARTICLE IV ASSOCIATION ORGANIZATION AND
MA1~AGEMENT
Section 4.01 The Board of Directors of the Association shall consist of not less than one (1) and
no more than four (4) members, the exact number to be fixed in accordance with the
provisions of the Bylaws. The initial Board of Directors shall consist of a
representative of the Developer. The Board of Directors shall meet within thirty (30)
days after each lot in the subdivision is sold by the Developer, \vith notice to all
Owners, for the purpose of determining whether the new owner should be a Director
of the Association and other purposes.
Section 4.02 The Association shall have two classes of voting membership:
(a) Class A: Class A members shall be all Owners with the exception of the Developer.
Class A members shall be entitled to one (1) vote for each Lot which they own.
When more than one person holds record title to a Lot, all such persons shall be
members of the Association; however, the vote for such Lot shall be exercised as
they among themselves determine, but in no event shall more than one vote be cast
with respect to any such Lot.
(b) Class B: The Class B member shall be the Developer. The Class B member shall
have a total number of votes equal to one (I) vote per lot which he
owns. However, when the Class B member only retains title to one remaining
Lot, the Class B member shall at all times thereafter be entitled to only one( I)
vote for every Lot owned by it. Notwithstanding anything to the contrary
contained herein, the Class B member shall be entitled to only one (I) vote for each
Lot which it then or thereafter owns.
Section 4.03 Each Owner of a Lot shall be a member of the Association, and such membership shall
so long as such person or entity continues to be an Owner. The membership of any Owner in the As
shall be appurtenant to and may not be separated from record ownership of any Lot, and the transf,
membership in the Association which is not made as a part of the transfer of a lot shall be null ,
Ownership of a Lot shall be the sole qualification of being a member of the Association. Each 0\\
comply with all rules and regulations as established by the Association from time to time. Land within
right-of-way of the Petterson Addition street system that is designated as Common Area of the Associati,
recorded plat of the subdivision, while not a true voting "Lot", shall be considered land within the As
and a part of the maintenance common area.
Section 4.04 The Association shall have the duty to enforce the covenants and maintain all
common areas on the land and shall have the right, power, and authority to do any act which is
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consistent with or required by the provisions of these Covenants or the Bylaws, whether the
same be expressed or implied but not limited to the following:
(a) TIle power to levy and collect Assessments (of whatever nature) for the maintenance, repair or
replacement of the common areas existing on the land and for such other purposes as are herein
provided for;
(b)The pmver to keep accounting records with respect to all activities and operation of the
Association, and hire management or legal services to provide for administration of the Association;
(c)The power to contract with and employ others for maintenance and repair;
(d) The power to adopt rules and regulations concerning the operation of the Association.
(e) The power, authority, and duty to maintain and utilize the water well on the property and all sewer lift
stations.
If the Board of Directors shall fail or refuse to enforce the Covenants or fail to maintain the
common areas for an unreasonable period of time, after wTitten request to do so, any aggrieved Owner
may enforce these Covenants on his own behalf by appropriate action,
whether in law or in equity or the City of Coppell, through its City Council, may enforce such
covenants to the extent herein set forth.
Section 4.05 For the purpose of these restrictions, Common Areas that are expected to be
maintained by the Association include, but are not limited to:
(a) The masonry wall and foundation designated as part of any common area;
(b) The landscaping and irrigation of all designated common areas;
(c) The entry area landscaping, irrigation, water well, sewer lift station( s), walls, signage,
and security building;
(d) That portion of any street right-of-way, including pavement, sub grade and curbs to the
streets and alleys or sidewalks of the Petterson Addition that are designated as Common
Areas on the recorded plat of the subdivision even through dedicated to the public;
Section 4.06 All common areas listed above are "Common Areas of City Interest" as that term
is used herein.
Section 4.07 Should the association or its Board fail or refuse to maintain such Common Areas of City
Interest to City specifications for any unreasonable time, not to exceed ninety days after written request to do so,
the City of Coppell, 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 levy
assessments necessary to maintain the Common Areas of City Interest listed in Section 4.06. It is understood that
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in such event, the City of Coppell, Texas, 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, either in the name of the Association, or otherwise, to cover the cost
of maintenance of said Common Areas of City Interest.
ARTICLE V
ASSESSMENTS MAINTENANCE FUND AND ASSESSMENT LIENS
Section 5.01 The Association shall possess the right, power, authority, and obligation to
establish an annual assessment sufficient in the judgment of the Board of Directors to pay when due
all charges and expenses related to the operation of the Association. Such annual assessments so
established shall be payable by the Owners on the first day of each calendar year. They shall be
applied to the payment of charges for which the Association is responsible, including, without
limitation, charges relating to maintenance and repair, public liability and other insurance
coverage which is required or permitted to be maintained by the Association, taxes, assessments, and
other governmental impositions not separately levied and assessed, utilities not separately assessed,
professional services (such as accounting and legal), and such other costs and expenses as may
reasonably relate to the proper operation, management, and administration of the Association. No
consent or approval of the Owners shall be required for the establishment of the annual
assessments contemplated by this section.
During initial sales and construction phases, Owners other than the original developer shall
pay a pro rata assessment based upon the balance of the remaining calendar year, to be calculated
starting the month following the date of purchase, with one twelfth (1/12) of the annual
assessment calculated for each remaining month of the calendar year. This pro rata assessment is
due and payable within 30 days from the date of purchase. Thereafter, the assessments are
annual as per this section. Initial assessments are anticipated to be dollars ($ )
per lot per month which will be the basis for determining pro rata assessments on a calendar
year basis.
Section 5.02 Prior to the commencement of each calendar year, the Association, through
the Board of Directors, shall prepare and deliver to each of the Owners a budget setting forth
the anticipated expenses for the ensuing year. Such budget shall be in sufficient detail so as to
inform each Owner of the nature and extent of the expenses anticipated to be incurred, and shall
be accompanied by a statement setting forth each owner's annual pro rata share thereof and the
date on which such annual assessment first commences to be payable. The Board may provide
that annual assessments shall be paid monthly, quarterly, semi-annually, or annually. No further
communication shall be necessary to establish the amount of each owner's obligation regarding
the annual assessment payable hereunder, and the failure of the Board of Directors to timely
deliver the budget provided for herein shall in no event excuse or relieve an owner from the
payment of the annual assessments contemplated hereby. Any budget prepared and delivered to
the OV/llers as hereby contemplated may be amended as and to the extent reasonably necessary,
and the amount of an Owner's annual assessment changed, to correspond therewith.
Section 5.02(a) The Annual Assessments shall include reasonable amounts, as determined
by the Board, collected as reserves for the future periodic maintenance, repair, and/or
replacement of all or a portion of the Common Area. All amounts collected as reserves, whether
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pursuant to this Section or otherwise, shall be deposited by the Association 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 Assessments.
Section 5.03 In addition to the annual assessments contemplated hereunder, the
Association shall possess the right, power, and authority to establish special assessments from
time to time as may be necessary or appropriate in the judgment of the Board of Directors to
pay (i) non-recurring expenses relating to the proper operation, management, and the
administration of the Association, or (ii) non-recurring expenses relating to the proper
maintenance, care, alteration, improvement, or reconstruction of specific Lots (including the
Buildings thereon) in the manner hereinafter specified.
Section 5.04 Each Owner shall be personally obligated to pay his pro rata share of all
assessments established pursuant to these Covenants. Each Owner's pro rata share shall be equal
to a percentage of the total amount of the assessments established pursuant to these Covenants
determined by dividing one by the total number of Lots. Any unpaid assessments shall constitute
the personal obligation of the O"vner of such Lot at the time such assessment became due. No
Owner shall be entitled to exempt himself from the liability of such Owner's obligation to pay
such assessments by an abandonment of his Lot or by any other action whatsoever. Any such
Assessment not paid w'ithin thirty (30 days of the date due shall bear interest at the rate of
(10%) per annum, and shall be recoverable by the Association, together with interest as
aforesaid and all costs and expenses of collection of suit, including reasonable attorney's fees, in
a court of competent jurisdiction sitting in Dallas County, Texas. It shall be the responsibility of
the Board of Directors to collect any such delinquent assessments, the existence ohvhich shall be
made knowl1 by written notice delivered to the defaulting owner and such Owner's First
Mortgagee.
Not withstanding the previous paragraph, until such time as Class B member votes
transition to one vote per lot pursuant to Section 4.02 (b), the Developer shall not be obligated
to pay pro rata share assessments on lots owned by the Developer.
Section 5.05 An Owner's pro rata share of all assessments established pursuant to these
Covenants shall be secured by a lien upon such Owner's Lot and the Residence located thereon
in favor of the Association, which lien shall be prior and superior to all of the liens and
encumbrances upon such Lot and Residence, regardless of how created, evidenced, or perfected,
other than the liens securing the payment of First Lien Indebtedness and the lien for unpaid
taxes, assessments, and other governmental impositions. Such lien and encumbrance may be
enforced by any means available at 1mV' or in equity, including, without limitation, a no judicial
foreclosure sale of the Lot of a defaulting O\vner conducted in accordance with the provisions
of V.T.C.A. Property Code Section 51.002 with the Board of Directors having the power to
appoint a trustee to conduct such sale. The Association or any other Owner may be the
purchaser at such foreclosure sale.
Section 5.06 The Association shall promptly transmit to an Owner, such Owner's First
Mortgagee, or any other interested party requesting such information, a statement setting forth
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the amount of any delinquent assessments payable by an owner, as well as the amount of the
annual assessment payable at the time of such request.
ARTICLE VI
IMPROPER MAINTENANCE BY OWNER
Section 6.01 In the event any Lot (including Building or Residence located thereon) is,
in the judgment of the Board of Directors so maintained by its Owner as to not comply with
these Covenants or so as to present a public or private nuisance or so as to substantially
detract from the appearance or quality of the neighboring Lots or other areas of the Land which
are substantially affected thereby or related thereto, the Association, through the Board of
Directors, may, by resolution, make a finding to that effect specifying that the particular
condition or conditions which exist, and pursuant thereto deliver notice thereof to the offending
Owner that unless corrective action is taken within ten (10) days, the Association will cause such
action to be taken at such owner's cost. If at the expiration of said ten (10) day period of time
the requisite corrective action has not been taken, and unless a reasonable extension is approved
by the Board of Directors, the Board shall be authorized and empowered, on behalf of the
Association, to cause such action to be taken. Such corrective action allows for access, and
trespass as may be necessary, without breach of the peace, to complete the maintenance. The
cost (the "Maintenance Cost") thereof shall be assessed against the Lot of the offending Owner
and shall be secured by the Maintenance Lien as hereinafter provided. Written notice of such
assessment shall be delivered to the offending Owner which notice shall specify the amount of
such Maintenance Cost and shall demand payment thereof within thirty (30) days after the date
of said notice.
Section 6.02 The Board of Directors shall have the right at any time there are unpaid
Maintenance Costs outstanding with respect to a Lot to file with the County Clerk of Dallas
County, Texas, a statement describing such lot and declaring the amount of unpaid Maintenance
costs relating thereto in which event, upon such tiling, there shall be automatically imposed on
such Lot a Lien (the "Maintenance Lien") in favor of the Association for the amount of such
unpaid Maintenance Costs relating to any such lot. Upon a payment of the Maintenance Costs
secured by such maintenance Lien by or on behalf of the Lot against which the Maintenance
Lien is imposed, the Board of Directors shall file or record with the County Clerk of Dallas
County, Texas, and appropriate release of such Maintenance Lien previously filed against the
Lot thereof for such Maintenance Costs. The Maintenance Lien shall be for the sole benefit of
the Association.
Section 6.03 Each Owner, for himself, his heirs, executors, administrators, trustee,
personal representatives, successors and assigns, covenants and agrees:
(a) That he will pay to the Association within thirty (30) days after the date of written
notice thereof, any Maintenance Costs assessed against his Lot; and
(b) That by accepting any Deed to his Lot, he shall be and remain personally liable for
any and all Maintenance Costs assessed against his Lot while he is (or was) the
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Owner thereof, regardless of whether such Covenants or agreement are expressed
in such Deed and regardless of whether he signed the Deed.
Section 6.04 If the Owner of any Lot fails to pay the Maintenance Cost when due, the
Board of Directors may enforce the payment of the Maintenance Cost and/or the Maintenance
Lien by taking either or both of the following actions, concurrently or separately, and by
exercising either of the remedies hereinafter set forth, the Board of Directors does not preclude
or waive its rights to exercise the other remedy:
(a) Bring an action at law and recover judgment against the Owner personally obligated
to pay Maintenance Cost;
(b) Foreclose the Maintenance Lien against the Lot in accordance with the prevailing
Texas law relating to the foreclosure of realty mortgages and liens (including the
power of conducting a non-judicial sale in accordance with the provisions of
V.T.C.A. Property Code Section 51.002 and the right to recover a deticiency). The
Board of Directors shall have the power to appoint a trustee to conduct such sale.
The sale or transfer of any Lot shall not affect the Maintenance Lien.
Section 6.05 In any action taken pursuant to Section 6.04 of this Article, the Owner shall be
personally liable for, and the maintenance Lien shall be deemed to secure the amount of the
Maintenance Cost together with interest thereon at the rate often percent (10%) per annum and
reasonable attorney's fees.
ARTICLE VII
ARCillTECTURAL CONTROL
Section 7.01 The Developer shall appoint an Architectural Control Committee (herein so
called), which shall consist of three (3) members who shall be natural persons. The initial
Members of the Architectural Control Committee are a representative of the Developer and the first two
owners of lots in the subdivision. All matters before the Architectural Control Committee shall
be decided by majority vote of its members. After all lots in the subdivision have been sold,
the Association shall assume all of the rights and powers of the Architectural Control Committee
and shall exercise same, through the Board of Directors, in the manner herein provided. In the event
of death, incapacity or resignation of a member of the Architectural Control Committee, the successor
for such member shall be appointed by the majority of the remaining members of the Architectural
Control Committee, if such death, incapacity or resignation occurs on or before the date all lots in
the subdivision are sold and by the Association if such death, incapacity or resignation occurs
thereafter.
Section 7.02 No Building, fence, wall, sign, exterior light, or other structure or other
apparatus, either permanent or temporary, shall be commenced, erected, placed, or maintained upon
the Land (or any Lot constituting a part thereot), nor shall any remodeling or reconstruction
thereof, exterior addition thereto, change therein, or alteration, excavation, subdivision, or
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resubdivision thereof, including without limitation changes in or alterations to grade, roadways, and
walkways, be made until three (3) copies of the plans and specifications showing the nature, kind,
shape, height, materials, color, and location, and other material attributes of same, shall have been
submitted to and approved in writing as to harmony of external design and location in relation to
surrounding structures and topography by the Architectural Control Committee. All plans and
specifications submitted to the Architectural Control Committee shall include plats showing the
proposed locations on the Land and the dimensions of all improvements and shaH specify in addition
to construction diagrams and specifications, all materials to be used and color schemes for all
improvements. If the Board fails to approve or disapprove such design and location within thirty (30)
days after such plans and specifications have been submitted to it, approval of the Architectural
Control Committee will be deemed to have been given, and this Article will be deemed to have been
fully complied ",ith. The Architectural Control Committee shall have the right in the sole
discretion of the Architectural Control Committee, to disapprove any plans and specifications
submitted to it for any of the following reasons: (a) If such plans and specifications are not in
accordance with any of the provisions of these Covenants or the codes, ordinances, and regulations
of the City of Coppell, Texas; (b) if the external design, elevation, appearance, location, or color
scheme for the proposed improvements are not in harmony with the general surroundings of the
Land or with the adjacent dwellings or structures or with the topography; (c) if the plans and
specifications submitted are incomplete; (d) if the design, appearance, or location of any
landscaping is not in harmony with the general surroundings or topography; (e) if the
Architectural Control Committee deems the plans and specifications, or any part thereof, to be
contrary to the interest, welfare, or rights of any or all parts of the Land. The Architectural Control
Committee is authorized to accept whatever dra\vings, plans, or specifications as it deems desirable
within its sole discretion to be in satisfaction of the foregoing. The decision of the Architectural
Control Committee shall be final, conclusive, and binding upon all Owners. Neither the Architectural
Control Committee nor Developer shall be responsible in any way for any defects in any plans or
specifications submitted, revised, or approved in accordance with the foregoing, nor for any structural
or other defects in any work done according to such plans and specifications. The signature of any
1\\/0 members of the Architectural Control Committee on any such plans and specifications with
"approved" or "disapproved" written or stamped thereon shall be prima facie evidence as to such
approval or disapproval being the act of the full Architectural Control Committee.
Section 7.03 The Architectural Control Committee shall have the right, but not the
obligation, to enforce the provisions of these Covenants and to such end shaH have the same powers
as herein given to the Association and its Board of Directors. If the Architectural Control Committee
shall fail or refuse to enforce these Covenants for an unreasonable period of time after \Vlitten
request to do so by any aggrieved Owner, then such aggrieved Owner may entlxce these Covenants
on his own behalf by appropriate action.
Section 7.04 Neither Developer, the Association, the Architectural Control Committee, and
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
O\\11er of property affected by these restrictions by reason of mistake in judgment, negligence, or
nonfeasance arising out of or in connection with the approval or disapproval variance or failure to
approve or disapprove any such plans and specifications. Every person who submits plans or
specifications, and every Owner of any of said property agrees that he will not bring any action of suit
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against Developer, the Association, the Architectural Control Committee, the Board, or the
officers, directors, members, employees and agents of any of them, to recover any such damages
and hereby releases, and quitclaims all claims, demands, and causes of action arising out of or in
connection with any judgment, negligence, or nonfeasance and hereby w'aives the provisions of any
la\v 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.
ARTICLE VIII
ASSOCIATION ORGANIZATION AND MANAGEMENT
Section 8.01 The Architectural Control Committee may allow reasonable variances and
adjustments of these conditions and restrictions in order to overcome practical difficulties and
prevent unnecessary hardships in the application of the regulations contained herein, but is not under any
obligation to issue variances. However, variances shall be in conformity to the intent and purposes hereof and
provided also that in every instance such variance or adjustment will not be materially detrimental or
injurious to other Lots or improvements on the Land. Determination of such a finding shall lie with the
Architectural Control Committee. Granting of a variance for one property does not obligate the Committee to
grant further variances for other properties. Each such variance request shall be on a case by case basis.
Should the Committee find that a granted variance produced an undesirable result; the Committee may elect not
to grant other similar requests.
ARTICLE IX-
LANU SUBJECT TO THIS DECLARATION
Section 9.0 I All of the Property and any right, title, or interest therein shall be owned, held, leased,
sold, and/or conveyed by Developer, and any subsequent owner of all or part thereof, subject to these
Covenants and the covenants, restrictions, charges, and liens set forth herein.
Article X
MISCELLANEOUS
Section 10.0 I Subject to the limitations of Section 10.03, these Covenants may be revoked or
amended in the following manner:
(a) The Board of Directors, together with a majority of the Owners, shall have the right, from
time to time, to revoke or amend these Covenants for any purpose by instrument bearing the
signature of a majority of the Board of Directors and a majority of the Owners duly acknowledged
and recorded in the records of the Office of the County Clerk of Dallas County , Texas.
Section 10.02 These Covenants shall be effective upon the date of recordation hereof, and as
amended from time to time, shall continue in full force and effect to and including the 151 day of
August, 2016 . From and after said date, these Covenants, as amended, shall be automatically
extended for successive periods of ten (10) years, unless there is an affirmative vote to terminate these
Covenants by the then Owners of not less than fifty-one percent (51 %) of the Lots and approval by majority
vote of the then members of the City Council of the City of Coppell.
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Section 10.02(a) Sections 10.0] and 10.02, notwithstanding, the
previsions hereof in regard to the duty of the Association and/or its Board of
Directors to maintain all the common areas as set out in Article IV, the
assessment procedure set out in Article V, and the rights extended to the City
of Coppell set out in Section 4.07 in regard to the Common Areas of City
Interest set out in Section 4.06, shall not be revoked or amended without the
addi tional approval of a maj ori ty 0 f the then members of the City Co unc i I 0 f
the City of Coppell, Texas.
Section 10.03 If any provisions of these Covenants shall be held invalid or unent()rceable, the
same shall not affect the validity or enforceability of any of the other provisions hereof
Section 10.04 Whenever notices are required to be sent hereunder, the same shall be sent to the
Owner who is the intended recipient, by certified or registered mail, return receipt requested and
postage prepaid, at the address of such Ovmer's Lot and further provides that any such notice may be
delivered in person. Notices shall be deemed received when actually received and whether or not
received \vhen deposited in a regularly maintained receptacle of the United States Postal Service in
accordance with the provisions hereof. Notices sent to the Architectural Control Committee or the
Association shall be sent by certified or registered mail, return receipt requested and postage prepaid,
only at such address as has previously been specified by the Architectural Control Committee to the
Owners or by the Board of Directors to the O\Vners, respectively. The Architectural Control
Committee and the Association may, from time to time, change such specified addresses by giving
the Owners notice of such change in the manner herein provided.
Section 10.05 Whenever the context so requires, the use of any gender shall be deemed to
include all genders, the use of the plural shall include the singular, and the singular shall include the
plural.
Section 10.06 All captions, titles, or headings of the Articles or sections in these
Covenants are for the purpose of reference and convenience only, and are not to be deemed to limit,
modify, or otherwise aftect any other provisions hereon, or to be used in determining the intent or
context hereof.
Section 10.07 If any interest purported to be created by these Covenants is challenged under
the Rule Against Perpetuities or any related rule, by interest shall be construed as becoming void
and of no effect as of the end of the applicable period of perpetuities computed from the date when
the period of perpetuities starts to run on the challenged interest; the "lives in being" for computing
the period of perpetuities shall be those which would be used in determining the validity of the
challenged interest.
EXECUTED on the date first above written.
ElvDE4VOR CUSTOM HOA1ES'. a Texas Limited Partnership
By:
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Acknowledged before me on ____~ 2006 by ~_________ ______, of
Endeavor Custom Homes, A Texas Limited Partnership, on behalf of said Partnership.
Notary Public, State of Texas
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