Declaration of Covenants & Restrictions
EXHIBIT A
DECLARATION OF COVENANTS AND
RESTRICTIONS
THE STATE OF TEXAS ~
COUNTY OF DALLAS ~
These Covenants made as of the 19th day of April, 2007 by Heritage Development,
Lp, 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 the irrespective 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 (insert name) OWNERS ASSOCIATION, a Texas
nonprofit 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 in
the Charter and their successors as duly 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 duly 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.
(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 (Company Name), 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.
G) "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 of land 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.
(I) "Lot" or "Lots" shall mean, individually or collectively, those certain lots designated
as Block A, Lots 1 through 50, and Block B, Lots 1 through 10, an addition to the City of
Cappell, Texas, according to the plat thereof recorded in the Map Records of 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 defined in this paragraph.
(m) "Owner" shall mean and refer to the person or persons, entity or entities, who own
of record fee simple title to a Lot. The term "Owner" to exclude any person or persons,
entity or entities, having an interest in a Lot merely as a security for the performance of
an obligation and the term "owner" to include Developer if Developer is a record owner
of fee simple title to a Lot.
TABLE INSET:
(n)
"Plat"$~~Fm~c1ryJh~1/~rt~in~(~HIElPi9tin9~uacere;' an additiontit!1e City of
.CQPp~"~!p~U~,,~~~ty,;\[e~as~>,~s.appl"qy~i'~Y;>ffl~'CitY.COUncUQfthe City of
9op~lli;."~)(5l~;f~trecordingintheMapRecord$of Dallas County,Texas; as the
samem~yi;)(:tamE!n(.fE!d.fr6m timetQtime.
(0) "Residence" 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 benefit of, and bind and burden the Land.
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 provided 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 statutes, 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 Bellacere shall contain less than 4,000 square feet of
fully enclosed floor area devoted to living purposes 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) At least eighty percent (80%) of the exterior walls of the first floor of each Building
on a Lot shall be of masonry construction exclusive of doors and windows. Each story
above the first story of a Residence shall have masonry coverage consistent with the
ordinances of the City of Coppell, 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 uncounted pickup camper units.
Also without limitation, no automobile, truck, unregistered vehicle, or other vehicle,
regardless of ownership, age, condition, or appearance 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 a Building, except in
receptacles meeting the specifications of the City of Coppell, 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 placed, 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 or 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 an ongoing basis.
U) 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 signs 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 feet in size) per Lot may be utilized for advertising and sales purposes; (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 inconformity 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,
(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.
(I) 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 an 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 or 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 3/4 tons or designed for commercial purposes 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 walls 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 brick or high quality wood. No wooden lap
fencing or shadow box fencing is permitted. No fence shall exceed eight feet (8') in
height.
ARTICLE IV ASSOCIATION ORGANIZATION AND MANAGEMENT
Section 4.01. The Board of Directors of the Association shall consist of not less
than three (3) no more than six (6) members, the exact number to be fixed in
accordance with the provisions of the Bylaws. The initial Board of Directors shall consist
of
and
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 votes per lot which he owns. However, on the later
of (a) December 31,2012 or 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 (1) vote for
every Lot owned by it. Notwithstanding anything to the contrary contained herein, the
Class B member shall be entitled to only one (1) 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 continue so long as such person or entity continues to be an
Owner. The membership of any Owner in the Association shall be appurtenant to and
may not be separated from record ownership of any Lot, and the transfer of any
membership in the Association which is not made as a part of the transfer of a lot shall
be null and void. Ownership of a Lot shall be the sole qualification of being a member of
the Association. Each Owner shall comply with all rules and regulations as established
by the Association from time to time. Land within the street right-of-way of Bellacere
street system that is designated as Common Area of the Association on the recorded
plat of the subdivision, while not a true voting "Lot", shall be considered land within the
Association and a part of the maintenance common area.
TABLE INSET:
Section4.04. 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
whichi$consistent with or required by the provisions of these Covenants or the Bylaws,
whethe'rthe same be expressed or implied, included but not limited to the following:
TABLE INSET:
Thepo>>,ett~Jevy and collect Assessments(ofwhatever nature) forthe maintenance,
repair,orreplacementofthe cOnunon areas existing on the land and for such other
purposes as are hereiIlprovided for;
(a)
(b) The power 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; and
(d) The power to adopt rules and regulations concerning the operation of the
Association.
TABLE INSET:
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 written request to do so, then any
aggrieved Owner may enforce these Covenants on his own behalf by appropriate action,
whether III law or III
equityo~tih~cltY'9fCoppel~th1"911gI1its'Clty '.' ....
.'
Council II1ayenforcesuch coverunits toilie ~xtenflierein set forth. '.
Section 4;05..Forthe purpose of these restrictions, Common Areas that are expected to be
maintained l'>ythe i\~sociation include, but are notlitnited to:
(a)
(b)
(c)
(d)
,.. ' . , ....,. .,,"
The IllasopI)' wall and foundatioll along Sandy Lake.
.
The landscaping all.d irrigation between Sandy Lake Wall and curb;
The entry area lap.dscaping, irrigation, walls, signage.
That portion of any street nght-of.;.way, including pavement, subgrade and curbs to
the streets and alleys or sidewalks of Bellacere that are designated as Common
Areas on the recorded plat of the subdivision even though dedicated to the public;
Section 4.06. Of the common areas listed above, the following are. "Common Areas of City
Interest" aSJhat terro is used herein:
(a)
(b)
(c)
(d)
.. . '.. .'. .' .'. .,.., . '.'
ThelJ,lasonry wall and foUndation along Sandy Lake.
..: ".. ". '. "C': .'... '.' '.' : ."
ThelandscaPin.g andirrigati9n between Sandy Lake Wall and curb;
The enfurarea land.scaping, iniglltion,w~lls, signage and
ThatpofflQD or any street right-of-way,:inc1uding pavement, subgrade and Curbs to
~" '_: _':~i>'~','-'O:,'_:_\r__,':;'" C-",'_,,_'_ ,:,,_ _ ,:<__>' '~<_'_ ;'.,;}.'_;;:;:,:/ -, -;>~: _ - " "',__"_: :-.' -;:.,_' ',_d_",,: ' : _ - '_.-.: ,.'_"'.,,' ",,',,:<: ','
the streets{,~ alleys' or sidewtilkS 'of BelIacere ' . ,
TABLE INSET:
itl1ataredesigpa~d~s C(;mmol1Areaspij.the recorded plat of the sUbdivision eVen
:though dedicated to the pijblic.
Section 4.07. Should the association or its Board fail orrefuse to maintain such Common
Areas .of City Interest to <tity specificatio~Jor anlllU"easonable titn~ not to exceed ninety
daysafierW'fittell requestto, do so, the CityofCoppell, by and throughalllajority of itS City
Council mem~ers, shall have the same right, power and authority as is herein given to the
Association and its Board of Directors to enforce these covenants arid levy assessments
necessary to maintain the Common Areas of City Interest listed in Section4.06. Itis
understood that in such event, the CitYofCoppell, 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 related 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 _one-hundred, eighty dollars
($_180 ) 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 Owners 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 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
streets street lights, landscaping and other needs of Common Areas.
These assessments may be put in an escrow account owned and controlled by the
Association to be used at its discretion in the future for the above mentioned expenses.
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 Owner 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 within _ten (_10 ) days of the date due shall bear interest at the
rate of (_18 %) 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 of which shall be made known 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 law or in equity, including, without limitation, a nonjudicial foreclosure sale of
the Lot of a defaulting owner 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 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 betaken 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 may be necessary 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 filing, 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 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 nonjudicial sale in accordance with the provisions of V.T.C.A. Property
Code Section 51.002and the right to recover a deficiency). 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 of
eighteen percent L 18 %) per annum, and reasonable
attorney's fees.
ARTICLE VII ARCHITECTURAL CONTROL
Section 7.01. The Developer hereby appoints 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:
, , and . All matters before
the Architectural Control Committee shall be decided by majority vote of its members.
After _December 31 ,2012 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 above date 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 thereof), nor shall any
remodeling or reconstruction thereof, exterior addition thereto, change therein, or
alteration, excavation, subdivision, Orr subdivision 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 shall 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 with. 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 drawings, 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 two
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 shall 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 written request to do so by any aggrieved Owner, then
such aggrieved Owner may enforce 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 Owner 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
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 waives the provisions of any law which provides that a general release does not
extend to claims, demands, and causes of action not known at the time the release is
given.
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 LAND SUBJECT TO THIS DECLARATION
Section 9.01. 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.
Name of Applicant: Heritage Development
Applicant Address: PO Box 440
Coppell, Texas 75019
Telephone: 469-59-0160
Name of Representative: Micha P. Duffy, P.E, - Hamilton Duffy, PC
601 W Harwood Hurst, Texas 76054-3161
Signature of Property Owner:
Date: