2021.12.07 South Coppell Live Work Declaration (C. Collins)CONDOMINIUM DECLARATION
SOUTH COPPELL LIVE WORK
Table of Contents CONDOMINIUM DECLARATION
TABLE OF CONTENTS
ARTICLE I DEFINITION OF TERMS AND OTHER PROVISIONS ................................................... 2
ARTICLE II PURPOSE AND INTENT ....................................................................................................... 9
ARTICLE III GENERAL PROVISIONS ................................................................................................... 10
SECTION 3.1 USE RESTRICTIONS ............................................................................................................................................ 10
SECTION 3.2 DECORATIONS, MAINTENANCE OF UNITS, AND COMMON ELEMENTS ............................................ 12
SECTION 3.3 ALTERATIONS TO COMMON ELEMENTS....................................................................................................... 16
SECTION 3.4 ADDITIONAL PROVISIONS .................................................................................................................................. 17
SECTION 3.5 CONDOMINIUM GUIDELINES ............................................................................................................................. 17
ARTICLE IV SOUTH COPPELL LIVEWORK, INC ................................... .............................................17
SECTION 4.1 AUTHORITY TO MANAGE ................................................................................................................................... 17
SECTION 4.2 MEMBERSHIP IN THE CONDOMINIUM ASSOCIATION .............................................................................. 18
SECTION 4.3 ADMINISTRATION OF THE CONDOMINIUM .................................................................................................. 18
SECTION 4.4 RIGHT OF ENTRY ................................................................................................................................................... 19
SECTION 4.5 NOTICES .................................................................................................................................................................... 20
SECTION 4.6 DISPUTES .................................................................................................................................................................. 21
SECTION 4.7 BOARD ACTION IN GOOD FAITH...................................................................................................................... 21
ARTICLE V COMMON EXPENSE FUND; ASSESSMENTS; COLLECTION ................................... 21
SECTION 5.1 COMMON EXPENSE CHARGES .......................................................................................................................... 21
SECTION 5.2 PAYMENT OF COMMON EXPENSE CHARGES BY DECLARANT .............................................................. 21
SECTION 5.3
SECTION 5.4
BUDGET, ESTABLISHMENT OF COMMON EXPENSE CHARGES, SPECIAL ASSESSMENTS....... 22
PAYMENT OF COMMON EXPENSE CHARGES, SPECIAL ASSESSMENTS AND OTHER SUMS......23
SECTION 5.5 ENFORCEMENT....................................................................................................................................................... 24
SECTION 5.6 COMMON EXPENSE FUND .................................................................................................................................. 26
SECTION 5.7 RESERVE ASSESSMENT ....................................................................................................................................... 26
ARTICLE VI. INSURANCE .......................................................................................................................... 27
SECTION 6.1 GENERAL PROVISIONS ........................................................................................................................................ 27
SECTION 6.2 DEDUCTIBLES ......................................................................................................................................................... 29
SECTION 6.3 CLAIMS PROCEDURES ......................................................................................................................................... 30
SECTION 6.4 GENERAL CONDITIONS ....................................................................................................................................... 31
SECTION 6.5 INDIVIDUAL INSURANCE ..................................................................................................................................... 31
SECTION 6.6 SUBROGATION ........................................................................................................................................................ 31
ARTICLE VII. FIRE OR CASUALTY, RESTORATION ........................................................................... 31
SECTION 7.1 DUTY TO RESTORE ............................................................................................................................................... 31
SECTION 7.2 COST ........................................................................................................................................................................... 32
SECTION 7.3 PARTIAL RESTORATION ..................................................................................................................................... 32
SECTION 7.4 REPAIR OF CONDOMINIUM UNITS .................................................................................................................. 32
ARTICLE VIII. EMINENT DOMAIN ............................................................................................................ 33
SECTION 8.1 TAKING OF CONDOMINIUM UNITS .................................................................................................................. 33
SECTION 8.2 PARTIAL TAKING OF A CONDOMINIUM UNIT ............................................................................................. 33
SECTION 8.3 PARTIAL TAKING OF COMMON ELEMENTS ................................................................................................ 33
SECTION 8.4 RECORDATION........................................................................................................................................................ 33
Table of Contents CONDOMINIUM DECLARATION
ARTICLE IX LEASING ............................................................................................................................ 34
ARTICLE X AMENDMENTS, CONFLICTS BETWEEN PROVISIONS .......................................... 35
SECTION 10.1 AMENDMENT OF CONDOMINIUM DECLARATION ................................................................................. 35
SECTION 10.2 EXCEPTIONAL MATTERS ................................................................................................................................ 35
SECTION 10.3 AMENDMENT OF CONDOMINIUM BYLAWS .............................................................................................. 35
SECTION 10.4 AMENDMENT OF CONDOMINIUM RULES AND REGULATIONS .......................................................... 36
SECTION 10.5 CONFLICT BETWEEN PROVISIONS .............................................................................................................. 36
ARTICLE XI ALTERNATE DISPUTE RESOLUTION ........................................................................ 36
SECTION 11.1 DISPUTE RESOLUTION ..................................................................................................................................... 37
SECTION 11.2 OUTSIDE MEDIATOR ........................................................................................................................................ 37
SECTION 11.3 MEDIATION IS NOT A WAIVER ..................................................................................................................... 37
SECTION 11.4 ENFORCEMENT BY BOARD............................................................................................................................. 37
ARTICLE XII. MISCELLANEOUS ........................................................................................................... 38
SECTION 12.1 ESTOPPEL CERTIFICATE ................................................................................................................................ 38
SECTION 12.2 NO PARTITION .................................................................................................................................................... 38
SECTION 12.3 ALTERATION OF BOUNDARIES OF CONDOMINIUM UNITS ................................................................. 38
SECTION 12.4 CORRECTION OF ERRORS .............................................................................................................................. 38
SECTION 12.5 ENFORCEMENT ................................................................................................................................................... 39
SECTION 12.6 EASEMENTS ......................................................................................................................................................... 39
SECTION 12.7 DECLARANT’S RIGHT TO LEASE OR RENT UNITS ................................................................................. 40
SECTION 12.8 NO AMENDMENT WITHOUT PRIOR WRITTEN CONSENT OF DECLARANT................................... 40
SECTION 12.9 SECURITY ........................................................................................................................................... 40
SECTION 12.10 INDEMNITY ......................................................................................................................................... 41
SECTION 12.11 SEVERABILITY ..................................................................................................................................................... 41
SECTION 12.12 VIEW IMPAIRMENT ............................................................................................................................................ 41
SECTION 12.13 DECLARANT CONTROL PERIOD................................................................................................................... 42
SECTION 12.14 SPECIAL DECLARANT RIGHTS ..................................................................................................................... 42
SECTION 12.15 ADJACENT LAND................................................................................................................................................. 44
SECTION 12.16 FINES FOR VIOLATIONS .................................................................................................................................. 44
SECTION 12.17 CURRENT ADDRESS AND OCCUPANTS ....................................................................................................... 44
SECTION 12.18 VIDEO, DATA AND COMMUNICATION SERVICE AGREEMENTS ........................................................ 44
SECTION 12.19 OCCUPANTS BOUND .......................................................................................................................................... 45
SECTION 12.20 USE OF "South Coppell Live Work" WORD OR MARK ...................................................................... 45
SECTION 12.21 DISCLOSURES. EACH OWNER AND OCCUPANT ACKNOWLEDGES THE FOLLOWING ................ 45
SECTION 12.22 COMMON ELEMENTS AND UNITS UNDER CONSTRUCTION ................................................................. 47
TABLE OF EXHIBITS
EXHIBIT
"A"
"B"
"C"
"D"
"E"
DESCRIPTION
Legal Description
Allocated Interests
Condominium Unit Plans
Rules and Regulations
Condominium Bylaws
Certificate of Formation "F"
CONDOMINIUM DECLARATION Page 1
CONDOMINIUM DECLARATION
for
SOUTH COPPELL LIVE WORK
STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF DALLAS §
This CONDOMINIUM DECLARATION FOR SOUTH COPPELL LIVE
WORK ("Condominium Declaration”) is made on the date set forth below by 560 S. Coppell
Rd. LLC, a Texas limited liability company, ("Declarant").
W I T N E S S E T H:
WHEREAS, Declarant is the fee simple owner of the real property described on Exhibit
"A" attached hereto and made a part hereof for all purposes (the "Condominium Property")
which is a part of that certain planned community located in Dallas County, Texas,
and commonly known as South Coppell Live Work. This Condominium Declaration is
intended to establish a sub-Condominium Association within South Coppell Live Work to
maintain and administer certain responsibilities with respect to the Common Elements of the
Condominium Property, and to administer and enforce the provisions of this Condominium
Declaration and the Condominium By-Laws; and
WHEREAS, Declarant desires to establish a condominium regime under the Texas
Uniform Condominium Act, according to the provisions of Chapter 82 of the Texas Property
Code, herein called the "Condominium Act"; and
WHEREAS, Declarant does hereby establish a plan for the individual ownership in fee
simple of estates consisting of Condominium Units and the co-ownership by the separate
Condominium Unit Owners thereof, as tenants in common, of all the remaining property, which
includes both the Limited Common Elements and the General Common Elements (collectively
referred to as the "Common Elements"), herein called the "Condominium"; and
WHEREAS, Declarant deems it desirable for the enforcement of the Condominium
Declaration and the efficient preservation of the amenities in said condominium regime, to create
an owners Condominium Association (hereinafter defined) to which shall be delegated
and assigned the power of administering and enforcing these assessments, conditions,
covenants, easements, reservations and restrictions, including levying, collecting and
disbursing the assessments; and
Whereas South Coppell Live Work, Inc. (herein the "Condominium Association”) has
been or will be incorporated under the Texas Business Organizations Code
as a nonprofit corporation and whose directors established Condominium Bylaws
by which the Condominium Association shall be governed through its Board of Directors, for
the purpose of exercising the functions aforesaid. If the Condominium Association was to
forfeit its
CONDOMINIUM DECLARATION Page 2
charter, it is the intention of this Condominium Declaration that it be afforded the protections
provided by law for unincorporated associations, including but not limited to individual
immunities and protections for its volunteers; and
W I T N E S S E T H:
NOW, THEREFORE, Declarant, hereby declares that the Condominium Property shall be
developed, improved, sold, used and enjoyed in accordance with, and subject to this
Condominium Declaration, the Condominium Act, and the Master Declaration (as hereinafter
defined), including the assessments, conditions, covenants, easements, reservations, and the
restrictions hereinafter set forth, all of which are hereby adopted for, and placed upon the
Condominium Property and shall run with the Condominium Property and be binding on all
parties, now and at any time hereinafter, having or claiming any right, title or interest in the
Condominium Property or any part thereof, their heirs, executors, administrators, successors and
assigns, regardless of the source of, or the manner in which any such right, title or interest is or
may be acquired, and shall inure to the benefit of each Owner of any part of the Condominium
Property.
ARTICLE I
DEFINITION OF TERMS AND OTHER PROVISIONS
When used in this Condominium Declaration, the words set out below shall have the
following meanings:
Section 1.1 "Allocated Interests" means the undivided interest in the Common Elements,
the common expense liability, and votes in the Condominium Association allocated to each
Condominium Unit as set forth on Exhibit "B" attached hereto and made a part hereof for all
purposes. At all times each Condominium Unit shall have an equal undivided interest in the
Common Elements. The Declarant, acting alone, or the President of the Condominium
Association, upon approval of the Board, shall have the right to amend Exhibit "B" and re-record
such amended Exhibit "B" to assign a revised Allocated Interest to a Condominium Unit pursuant
to this Condominium Declaration. If a Condominium Unit is subdivided or if two or more
Condominium Units are combined, the assignment of Allocated Interest to a Condominium Unit
and the re-assignment of the Allocated Interest to the other Condominium Units shall be
established by using the formula provided above and shall be effective upon recordation of the
amended Exhibit "B" by the Declarant, acting alone, or by the President of the Condominium
Association, upon approval of the Board.
Section 1.2 "Appointed Board" means the initial Board of Directors who shall be
appointed by the Declarant. The Declarant shall have the right to appoint all or some of the
directors as set out in this Condominium Declaration. From and after the termination of the
Declarant Control Period (as hereinafter defined), the then-current Board shall serve until an
election can be conducted to elect the Fully Elected Board, pursuant to the Condominium Bylaws.
CONDOMINIUM DECLARATION Page 3
Section 1.3 "Board of Directors" or "Board" means the Board of Directors of the
Condominium Association whether such Board be appointed by Declarant or elected by the
Members in accordance with the provisions of this Condominium Declaration and the
Condominium Bylaws.
Section 1.4 “Common Element(s)" The Common Elements shall be and include all of the
Condominium Property except the Condominium Units and shall include both General
Common Elements and Limited Common Elements.
Section 1.5 "Common Expense Charge" means the annual assessment made and
levied by the Board against each Owner and a Condominium Unit for administration,
management and operation of the Condominium and the Condominium Regime and for repairs,
maintenance, insurance, additions, alterations, reconstruction and operation of all or any portion
of the Common Elements (including reserves for replacements) and other expenses provided by
the terms of this Condominium Declaration to be paid by the Condominium Association, in
accordance with the provisions hereof. When used herein the term "Common Elements" includes
the "General Common Elements" and the "Limited Common Elements" unless otherwise
expressly indicated. Each Condominium Unit shall pay the same amount of Common Expense
Charge.
Section 1.6 "Common Expense Fund" means the accumulated Common Expense
Charges and other amounts collected or received by the Condominium Association.
Section 1.7 "Condominium Association” means the South Coppell Live Work, Inc., a
Texas nonprofit corporation, its successors, assigns and/or replacements, the members of
which shall be all of the Owners of Condominium Units during the period of their respective
ownerships, and the successors and assigns of such Owners. Any lapse in the corporate
charter shall result in the Condominium Association operating as an unincorporated
nonprofit association pursuant to the Texas Business Organizations Code, Chapter 252.
Any voluntary termination of the Condominium Association must be consented to by the
City of Dallas.
Section 1.8 "Condominium Bylaws" mean the Condominium Bylaws of
the Condominium Association, attached hereto as Exhibit "E", as they may be amended from
time to time.
Section 1.9 "Condominium Property" means a form of real property with portions of
the real property designated for separate ownership or occupancy, and the remainder of
the real property designated for common ownership or occupancy solely by the Owners of
those portions; the Condominium Property and all other improvements located or
to be located on the Condominium Property and all other rights appurtenant to the
Condominium Property and all other improvements located or to be located on the
Condominium Property. The components of the Condominium are further herein classified
as "Common Elements" including "General Common Elements" and "Limited
Common Elements") and "Condominium Units," as all are defined herein.
CONDOMINIUM DECLARATION Page 4
Section 1.10 "Condominium Regime" means the legal rights and duties of ownership,
maintenance, and administration created by the terms of the Condominium Act and all
amendments thereto.
Section 1.11 "Declarant" means 560 S. COPPELL RD., LLC, a Texas limited
liability company, and its successors and assigns that have been designated as such by the
Declarant pursuant to a written instrument duly executed by Declarant and recorded in the
Official Public Records of Real Property of Dallas County, Texas.
Section 1.12 "Dedicatory Instrument(s)" means each governing instrument covering the
establishment, maintenance and operation of the Condominium Property, which is created
under or pursuant to this Condominium Declaration. The term includes this Condominium
Declaration, any supplement or amendment to the Condominium Declaration, any instrument
(including, but not limited to the Condominium Guidelines and the Condominium Rules and
Regulations) subjecting the Condominium Property to covenants, conditions, restrictions or
assessments, any Certificate of Formation, Condominium Bylaws or other instruments governing
the administration or operation of the Condominium Association, all properly adopted policies,
rules and regulations of the Condominium Association and any and all lawful amendments or
modifications to the Dedicatory Instruments.
Section 1.13 "Drawings" means the drawings for the Condominium, and are the Plat and
Plans required pursuant to the provisions of the TUCA. A set thereof is attached hereto, but the
same may be detached and filed separately by the appropriate public authorities.
Section 1.14 “Fully Elected Board" means the Board of Directors who shall be elected by
the Members upon termination of the Declarant Control Period. Such election is to be held as set
out hereinbelow and the Condominium Bylaws.
Section 1.15 "Condominium Guidelines" or "Architectural Guidelines" The
Condominium Guidelines, as same may be amended or modified from time to time in accordance
with this Condominium Declaration, may be promulgated by the Declarant or the Board for
custom modifications made to Condominium Units from time to time by Owners. The initial
Condominium Guidelines are attached as Exhibit "D" to this Condominium Declaration.
Section 1.16 "Condominium Rules and Regulations" means the Condominium Rules
and Regulations which may be adopted by the Board concerning the management and
administration of the Condominium, the use of the Common Elements, and the enforcement of
the terms and provisions of this Condominium Declaration and the Condominium Rules and
Regulations governing the Condominium in order to assure to all Owners the benefits of
ownership of a Condominium Unit and use of the Common Elements. The initial Condominium
Rules and Regulations are attached as Exhibit “D”.
Section 1.17 “Condominium Unit(s)" means the condominium units, created pursuant
to this Condominium Declaration, restricted to residential use, each of which is assigned an
Allocated Interest as provided herein. The Condominium Units shall mean the physical portion
of the Condominium designated for separate fee simple ownership or occupancy, the boundaries
CONDOMINIUM DECLARATION Page 5
of which are described in this Condominium Declaration and shown on Exhibit "C" attached
hereto. The boundaries of each Condominium Unit shall be the interior surfaces of the perimeter
walls, floors, ceilings, windows and window frames, doors and door frames that provide access
to and egress from Common Elements. Included within the boundaries of each Condominium
Unit, without limitation, shall be any finishing materials applied or affixed to the interior surfaces
of the interior walls, floors or ceilings (such as, but without limitation, paint, wallpaper, wall or
floor coverings and carpets) non-load-bearing interior walls and doors separating rooms within
a Condominium Unit and all utility pipes, lines, systems, fixtures and appliances servicing only
that Condominium Unit including, without limitation, hot water heaters, water pipes, air
handlers, fan coil units and all visible and exposed plumbing fixtures, lines and pipes whether or
not within the boundaries of a Condominium Unit. "Condominium Unit(s)" is the portion of the
Condominium constituting a "unit(s)" under the provisions of the Condominium Act; provided
however, buildings intended for Condominium Units that are under construction by Declarant
or an affiliate, are not "Condominium Units" until they are certificated for occupancy by the City.
Without limiting the generality of the foregoing, or, as appropriate, in addition, each
Condominium Unit shall include:
(i)the decorated surfaces, including paint, lacquer, varnish, wall covering, tile
and other finishing material applied to floors, ceilings, and interior and
perimeter walls, carpeting, if any, and the drywall, paneling and other
finishing wall material;
(ii)the finished walls, ceilings and floors themselves, but not the building's
supporting elements, such as but not limited to rafters and joists, above the
ceiling at the Condominium Unit's highest level, and the sub-flooring
below the finished floors themselves, and the structural walls or structural
components thereof to which the finished walls, such as but not limited to
plaster, drywall, and paneling are affixed;
(iii)all windows, skylights, if any, and screens and doors, including garage
doors and windows, if any, and the frames, glass, screens, sashes and
jambs, and the hardware therefor;
(iv)all fixtures, appliances and systems (including, without limitation, the
heating, cooling and ventilating systems and dueling located in the attic of
the Condominium Unit or in the Common Elements outside of the
Condominium Unit, but serving only that specific Condominium Unit)
installed for the exclusive use of that Condominium Unit, commencing at
the point of disconnection from the structural body of the building and
from utility pipes, lines or systems serving the entire building or more than
one Condominium Unit thereof, including, without limiting the generality
hereof, built-in cabinets, dishwashers, garbage disposal units,
refrigerators, stoves and hoods, television antennas and cables, furnaces,
hot water heaters, heat pumps, air conditioning units (even though located
outside the bounds of a Condominium Unit), and components of the
foregoing, if any;
CONDOMINIUM DECLARATION Page 6
(v)all plumbing, electric, heating, cooling and other utility or service lines,
pipes (including plumbing and piping lying in and below but not beyond
the Condominium Unit's slab foundation and any overlying Limited
Common Element patio), wires, ducts, conduits and apparatus, wherever
located, which serve only that Condominium Unit;
(vi)all control knobs, switches, thermostats and electrical outlets and
connections affixed to or projecting from the walls, floors and ceilings
which service only the Condominium Unit or the fixtures located therein;
(vii)all interior walls that are not necessary for support of the structure, and all
components thereof and all space encompassed thereby;
(viii)the portion of fireplaces, if any, actually within the interior of a
Condominium Unit and the vents and dampers therefor accessible from
the Condominium Unit's interior; and
(ix)the space in the attached garage;
excluding therefrom, however, all of the following items, whether or not located within the
bounds of that Condominium Unit:
(i)any supporting element of the building contained in interior walls, floors
and ceilings;
(ii)all plumbing, electric, heating, cooling and other utility or service lines,
pipes, sump pumps and accessories thereto, wires, ducts and conduits
outside of the footprint of the building in which the Condominium Unit is
located and which serve any other Condominium Unit;
(iii)fireplace stacks and chimneys, if any; and
(iv)the floor structure between the first and second finished portions of the
Condominium Unit which are able to be occupied as a living space.
It is currently anticipated that the maximum number of Condominium Units in
the Condominium shall be five (5) Units.
It is expressly stipulated, and each and every purchaser of a Condominium Unit, its heirs,
executors, administrators, assigns, successors and grantees hereby agree, that the square footage
area and dimensions of each Condominium Unit, and balcony, porch or patio, if applicable, as
set out and shown in this Condominium Declaration or in the plats attached as exhibits hereto,
are approximate and are shown for descriptive purposes only.
DECLARANT DOES NOT WARRANT, REPRESENT OR GUARANTEE THAT ANY
CONDOMINIUM UNIT ACTUALLY CONTAINS THE AREA, SQUARE FOOTAGE OR
DIMENSIONS SHOWN BY THE PLATS ATTACHED HERETO. EACH PURCHASER AND
OWNER OF A CONDOMINIUM UNIT, OR ANY INTEREST THEREIN, HAS HAD FULL
OPPORTUNITY AND IS UNDER A DUTY TO INSPECT AND EXAMINE THE
CONDOMINIUM UNIT PURCHASED BY IT PRIOR TO THE PURCHASE THEREOF (IF
CONSTRUCTED PRIOR TO PURCHASE), AND AGREES THAT THE CONDOMINIUM
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UNIT IS PURCHASED AS ACTUALLY AND PHYSICALLY EXISTING AND/OR PLANNED.
EACH PURCHASER OF A CONDOMINIUM UNIT HEREBY EXPRESSLY WAIVES ANY
CLAIM OR DEMAND WHICH IT MAY HAVE AGAINST THE DECLARANT ON
ACCOUNT OF ANY DIFFERENCE, SHORTAGE OR DISCREPANCY BETWEEN THE
CONDOMINIUM UNIT AS ACTUALLY AND PHYSICALLY EXISTING AND/OR
PLANNED, AND AS IT IS SHOWN ON THE PLATS ATTACHED HERETO.
Section 1.18 "Limited Common Elements" means those portions of the Common
Elements reserved for the exclusive use of one or more but less than all of the Owners of certain
Condominium Units to the exclusion of the Owners of other Condominium Units. In the case of
each Condominium Unit these Limited Common Elements consist of (a) the portion of the
Common Elements in or on which there is located any portion of the air conditioning or heating
system exclusively serving a particular Condominium Unit; (b) the yard area surrounding the
Condominium Unit, specifically the contiguous fenced in patio area adjacent to and serving only
the Condominium Unit, with a concrete pad and the improvements in that area; (c) the attic space
or storage space above the living area of a Condominium Unit to which the Condominium Unit
has direct and exclusive access; (d) any utility or electrical meter or control which serves only the
Condominium Unit; (e) any mailbox that serves only a Condominium Unit; (f) all utility lines,
pipes, ducts, wires, vents, conduits and other fixtures located partially within and partially
outside the Condominium Unit or located wholly outside the boundaries of a Condominium Unit
but servicing such Condominium Unit only; (g) the garage which serves only the Condominium
Unit; and (g) the driveway area in front of and that serves only the Condominium Unit’s garage.
No expansion or modification of any Limited Common Element by the respective Owner is
allowed or authorized without first obtaining written Condominium Association approval,
which can be withheld, approved, or conditioned in the sole discretion of the Condominium
Association, acting by and through its Board of Directors. Owners are responsible for the general
housecleaning of the Limited Common Elements.
Section 1.19 "Managing Agent" means the person(s), firm or entity that may be selected
by the Board in accordance with the provisions hereof for the purposes of performing any duties,
powers or functions of the Board in connection with the administration, management and
operation of the Condominium.
Section 1.20 “Marketing Period" means a period of time in which the Declarant owns
at least one Condominium Unit.
Section 1.21 "Master Architectural Review Committee" or "MARC”, if any, means and
refers to that particular committee which is described and explained within Article X of the
Master Declaration, as same may be amended and supplemented from time to time.
Section 1.22 “Master Association”, if any, means the South Coppell Live Work, Inc., a
Texas nonprofit corporation, its successors and assigns, which has the power, duty and
responsibility for administering and enforcing the Master Declaration.
Section 1.23 “Master Design Guidelines”, if any, means those particular standards,
restrictions, guidelines, recommendations and specifications applicable to most aspects of
construction, placement, location, alteration, maintenance and design of any improvements to or
CONDOMINIUM DECLARATION Page 8
within the Master Properties, and all amendments, bulletins, modifications, supplements
and interpretations thereof.
Section 1.24 "Master Declaration", if any, means the Declaration of Covenants,
Conditions and Restrictions for South Coppell Live Work, recorded on
, as I nstrument Number in the Public Real
Estate Records of Dallas County, Texas, as it may be amended and supplemented from time to
time.
Section 1.25 "Master Governing Documents", if any, means each governing instrument
covering the establishment, maintenance and operation of the Master Properties, which
is created under or pursuant to the Master Declaration. The term includes the Master
Declaration, any supplement or amendment to the Master Declaration, any instrument
(including, but not limited to the Master Guidelines) subjecting the Master Properties to
covenants, conditions, restrictions or assessments, any certificate of formation, bylaws,
rules, policies or other instruments governing the administration or operation of the
Master Association, and any and all lawful amendments or modifications to the Master
Governing Documents.”
Section 1.26 "Master Properties" means the real property and improvements subject
to the Master Declaration, which includes the Condominium Property.
Section 1.27 "Member(s)" means an Owner, as defined in this Article, pursuant to this
Condominium Declaration.
Section 1.28 "Mortgage" means a security interest, mortgage, deed of trust or lien
granted by an Owner and covering a Condominium Unit to secure the repayment of a loan made
to an Owner, duly filed for record in the Official Public Records of Real Property of Dallas County,
Texas.
Section 1.29 "Mortgagee" means the person or entity which holds a Mortgage as security
for the payment of a debt.
Section 1.30 "Occupant(s)" shall mean Owners, residents, tenants, lessees, guests, and
invitees of any Condominium Unit who are present within the Condominium Property for any
period of time.
Section 1.31 "Owner(s)" means any person or persons, firm, corporation or other entity
that owns record title to a Condominium Unit, including the Declarant, but the term "Owner" as
in a particular Condominium Unit shall not include any Mortgagee of that Condominium Unit.
Section 1.32 "Reserve Fund" means the fund that may be established pursuant to this
Condominium Declaration for maintenance, repairs and replacements of the Common Elements.
Section 1.33 "Special Assessment" means any assessment, approved by the
Condominium Association as hereinafter set forth, over and above the Common Expense Charge
deemed by the Board to be necessary for the preservation, repair, maintenance, improvement,
management and administration of the Condominium.
CONDOMINIUM DECLARATION Page 9
Section 1.34 "Texas Uniform Condominium Act", "Condominium Act" or "TUCA"
means Chapter 82 of the Texas Property Code, which permits the creation of condominium
regimes and provides the basic rules for their operation, together with all amendments thereto to
the extent such amendments affect this Condominium Declaration or anything covered hereby.
ARTICLE II
PURPOSE AND INTENT
The Condominium, as initially planned, is intended to be a single-family condominium
development that is planned to feature residential uses. This Condominium Declaration shall
serve as the means by which design, maintenance and use of the Condominium Property will be
established. This Condominium Declaration is intended to supplement the Master Declaration
as it applies to the Master Properties. Every Owner, by acceptance of an interest in any
Condominium Unit, acknowledges that he or she is subject to the Master Declaration, in addition
to this Condominium Declaration, and that he or she is automatically a member of and subject to
assessment by the Master Association, as well as by the Condominium Association.
In addition to all of the rights and obligations which are conferred or imposed upon the
Condominium Association pursuant to the Dedicatory Instruments, the Condominium
Association shall be entitled to exercise any of the rights conferred upon it and shall be subject to
all of the obligations imposed upon it pursuant to the Master Governing Documents. The
Condominium Association and all committees thereof shall also be subject to all superior rights
and powers which have been conferred upon the Master Association pursuant to the Master
Declaration and the bylaws of the Master Association. The Condominium Association shall take
no action in derogation of the rights of, or contrary to the interests of the Master Association.
The covenants, restrictions and provisions of this Condominium Declaration shall be
cumulative with those of the Master Declaration; provided, however, in the event of a conflict
between or among the provisions of the Condominium Dedicatory Instruments and the Master
Governing Documents, those of the Master Association shall be superior to those of the
Condominium Association. The foregoing priorities shall not prevent enforcement by the
Condominium Association of provisions or rules which are more stringent than those of the
Master Association. THE FOREGOING PRIORITIES GIVEN TO THE MASTER
DECLARATION AND OTHER MASTER GOVERNING DOCUMENTS PROMULGATED
BY THE MASTER ASSOCIATION AND ITS BOARD, IT’S DECLARANT OR ITS
COMMITTEES SHALL NOT PREVENT ENFORCEMENT BY THE CONDOMINIUM
ASSOCIATION OF ANY DEDICATORY INSTRUMENT WHICH IS MORE RESTRICTIVE,
STRINGENT, LIMITING, SPECIFIC, AND/OR LESS PERMISSIVE THAN THOSE
ADOPTED BY, ENFORCED BY OR PROMULGATED BY THE MASTER ASSOCIATION,
ITS MARC, BOARD OR ANY OTHER COMMITTEE THEREOF.
CONDOMINIUM DECLARATION Page 10
ARTICLE III
GENERAL PROVISIONS
Section 3.1 Use Restrictions.
The Condominium Regime and the Condominium Property shall be benefited by and
subject to the following restrictions:
(a)Use.
Each Unit may be used for any lawful purpose. Each Owner, by accepting a deed
conveying title to a Unit, and any Tenant by execution of a Lease or by occupancy of any portion
of a Unit, shall automatically be deemed to have agreed to strictly comply with the provisions of
the Condominium Bylaws and all applicable legal requirements. Each Owner shall comply, and
cause its Tenants to comply, with the business hours established by Declarant from time to time.
HOWEVER, ONLY ONE (1) BUSINESS IN THE MEDICAL FIELD, INCLUDING
DENTISTRY, MEDICAL SERVICES, CHIROPRACTIC SERVICES, OR ANY OTHER
RELATED BUSINESS MAY OPERATE IN THE CONDOMINIUM PROPERTY AT A GIVEN
TIME AND NO OWNER MAY OPERATE ANY COMMERCIAL ACTIVITY IN THE
GARAGE AREA OF HIS/HER UNIT.
(b)Inseparability of Units; No Partition.
Each Unit shall be inseparable, and shall be acquired, owned, conveyed, transferred,
leased, and encumbered only as an entirety. In no event shall a Unit be subject to physical
partition , and no Owner shall bring or be entitled to maintain an action for the partition or
division of a Unit or the Common Elements. Any purported conveyance, judicial sale, or other
voluntary or involuntary transfer of an undivided ownership percentage interest in the Common
Elements without the Unit to which such Common Element is allocated is void.
Further Requirements of Use. Each Owner shall maintain the Limited Common Elements
appurtenant solely to such Owner's Unit and no other Unit in good repair and in a safe, clean
and sanitary condition, and shall not maintain at such Unit, nor permit such Unit or the Limited
Common Elements appurtenant solely thereto to become, a public or private nuisance.
(d)Nuisance.
No noxious or offensive activities of any sort shall be permitted, nor shall anything be
done in any Condominium Unit, nor shall a nuisance be permitted to exist, or in or about any
Common Element, that shall be or may become an annoyance or nuisance to the other Owners,
(c)Leases.
The Units (or portions thereof) may be leased or licensed. All Leases and any other rental
or license agreements shall be in writing and shall be subject to this Declaration, the Bylaws, and
all Regulations, including, to the extent applicable, the requirements of the Board concerning
Common Elements.
CONDOMINIUM DECLARATION Page 11
nor shall any loud or disturbing noises be emitted from any Condominium Unit and/or patio,
balcony or porch in such a manner as to be an annoyance to or objectionable to another Owner.
Owners are hereby put on notice that the installation of hard surface floors within a
Condominium Unit may be limited and will be subject to Condominium Rules and Regulations
which may require a certain percentage of coverage by noise-abating material. No speaker, horn,
whistle, bell or other sound device, except alarm devices used exclusively for residential
monitoring purposes, shall be installed or operated on the Condominium Property, unless
required by federal, state or local regulation.
(e)Declarant’s Use.
Notwithstanding any other provisions of this Condominium Declaration, the Declarant
may make such use of the Common Elements and Condominium Units as is reasonably necessary
to facilitate and complete the improvements to the Condominium Property, the operation of
Declarant’s sales efforts and the showing of the Condominium and any unsold Condominium
Units therein (including, without limitation, maintaining model units and sales offices for
selection of allowance items (either or both of which may be located in a Condominium Unit),
providing space for the closing of sales transactions covering other unsold Condominium Units
owned by Declarant and the placing of signs or other advertising material in or about such unsold
Condominium Units and the Common Elements). The provisions of this subsection shall not
prohibit the use by the Condominium Association of all Common Elements in any reasonable
manner necessary in connection with the operation and maintenance of the Condominium.
(f)Insurance – Liability for Increase.
Nothing shall be done in or kept in or on any Condominium Unit or Common Element
that will increase the rate of insurance on the Condominium or any other Condominium Unit
over that applicable to residential buildings, or result in uninsurability of the Condominium or
any part thereof, or the cancellation, suspension, modification or reduction of insurance in or on
or covering the Condominium or any part thereof. If, by reason of the occupancy of any
Condominium Unit or Common Element by any Owner in contravention of the restrictions set
forth in this Section, the rate of insurance on all or any portion of the Condominium shall be
increased, such Owner shall immediately cease any such use and shall be personally liable to the
Condominium Association for such increase caused thereby and such sum shall be payable to the
Condominium Association upon presentation to such Owner by the Condominium Association
of a statement thereof.
(g)Electrical Installations.
No Owner shall install, attach or hang or allow to be installed, attached or hung any
equipment or wiring or electrical installations, television or radio transmitting or receiving
antennas, air conditioning units or any other equipment, item, or wiring on, in or across any
portion of any Common Element, or through any wall, floor, ceiling, window or door that is a
Common Element, except as approved by the Condominium Association. All radios, television,
electrical equipment or appliances of any kind or nature and the wiring thereof installed or used
in a Condominium Unit shall fully comply with all rules, regulations or requirements of all state
CONDOMINIUM DECLARATION Page 12
and local public authorities having jurisdiction. The Declarant by promulgating this Section is
not attempting to violate the Telecommunications Act of 1996, as same may be amended from
time to time. This Section shall be interpreted to be as restrictive as possible while not violating
said act.
Each Owner shall promptly and fully comply with any and all applicable laws, rules,
ordinances, statutes, regulations or requirements of any governmental agency or authority with
respect to the occupancy and use of its Condominium Unit and with the provisions hereof, the
Condominium Bylaws, the Dedicatory Instruments and Condominium Rules and Regulations
promulgated hereunder. The Declarant by promulgating this Article is not attempting to violate
applicable laws, rules, ordinances, statutes, regulations or requirements of any governmental
agency or authority, as same may be amended from time to time. This Article shall be interpreted
to be as restrictive as possible while not violating applicable laws, rules, ordinances, statutes or
regulations or requirements of any governmental agency or authority.
(h)Single-Family Occupancy.
No Unit shall be occupied by more than a single family. For purposes of this restriction, a
single family shall be defined as any number of individuals related by blood, adoption or
marriage living with not more than one individual who are not so related as a single household
unit, or no more than two individuals who are not so related living together as a single household
unit; provided, however, that nothing herein shall be interpreted to restrict the ability of one or
more adults meeting the definition of a single-family from residing with any number of
individuals under the age of eighteen (18) over whom such individuals have legal authority,
unless higher occupancy is mandated by public agencies that enforce compliance with the family
status protection of the Fair Housing Act.
If an Owner is a corporation, partnership, trust or other legal entity not being a natural person,
the entity shall designate in writing to the board the name(s) of the person(s) who will occupy the
Unit.
Section 3.2 Decorations, Maintenance of Units, and Common Elements.
(a)Decorations.
Provided the same do not violate the current Condominium Guidelines or
Condominium Rules and Regulations, every Owner shall have the right to decorate and
redecorate their Condominium Unit and may make any non-structural improvements or non-
structural alterations within its Condominium Unit (but not to Common Elements) and the
right to paint, repaint, tile, wallpaper, or otherwise finish or decorate any interior of
walls, partitions, ceilings and floors within the Condominium Unit.
(b)Owner Maintenance.
Each Owner shall, at its own cost and expense, maintain at all times their Condominium Unit in
good condition and repair. Each Owner shall be obligated to clean the exterior glass surface of
all windows which can be accessed from their Condominium Unit, patio, balcony, porch or any
CONDOMINIUM DECLARATION Page 13
other glass surface accessible from adjoining Common Elements. Additionally, each Owner shall
be responsible for the maintenance of all exterior add-ons from the Condominium Unit’s base
model. These add-ons include, but are not limited to covered patios, pergolas, firepits, outdoor
grills and/or appliances (including any decorative masonry/framework/countertop),
televisions, fountains, screened-porches, concrete layovers, etc. Some Condominium Units as
originally constructed contain wood floorings. As a porous, organic, natural substance, wood is
capable of shrinking, swelling and warping, and of being marred and discolored. Wood floors
may require more maintenance than some man-made materials. Owners of Condominium Units
with wood floors should educate themselves about wood floor care. Some Condominium Units
as originally constructed may contain exposed concrete floors. Some Owners may be
inexperienced with concrete and expect it to be as forgiving as wood or sheetrock. In deciding
whether, when, and how to fill cracks in exposed concrete floors, an Owner is hereby made aware
that the color and texture of the fill material may not match the rest of the concrete floor. On some
exposed concrete floors, fill materials makes minor cracks more noticeable that if the cracks had
been left in their natural state.
(c) Condominium Association Maintenance.
Except as otherwise provided in this Condominium Declaration or in the Master Declaration,
or unless the Master Association has otherwise assumed responsibility, the
Condominium Association shall maintain all Common Elements and Limited Common
Elements (except as specifically set out herein), including, but not limited to, the common
parking lot, fencing, landscaping, landscape islands within the street right-of-way, and other
appurtenances associated with the General Common Elements, the cost of which shall be an
expense for which a Common Expense Charge may be assessed and levied (except to the extent
that repair to Common Elements is made necessary by the negligence or misuse of a particular
Owner, in which event such Owner shall be responsible to the Condominium Association for
the cost of such repair), and such Common Expense Charge shall be due and payable upon
presentation to each Owner by the Condominium Association of a statement thereof.
Notwithstanding anything to the contrary in the Governing Documents, the Condominium
Association is not responsible for the repair and replacement of sheetrock in any
Condominium Unit, or for any surface treatments on the sheetrock, regardless of the source of
damage and the availability of insurance. This provision is provided for the benefit of the
Condominium Association and is warranted by the difficulty of scheduling interior sheetrock
work and the possibility that the Owner may not be satisfied with the quality or
appearance of spot repairs. If the Condominium Association receives insurance proceeds
for sheetrock damage to a Condominium Unit and chooses to not perform the repairs, the
Owner of the damaged Condominium Unit is entitled to the proceeds in exchange for
identification of the damage and a release from future claims for the same damage.
The Board has the right, without the obligation, to enter into and inspect any Condominium
Unit as necessary to determine the need for maintenance to plumbing or utility service lines, or
other items affecting the Common Elements or other Condominium Units.
CONDOMINIUM DECLARATION Page 14
(d) Exterior Light Fixtures, Light Bulbs and Glass.
Unless part of a building-wide renovation, maintenance, repair and/or replacement of
light fixtures, light bulbs, glass (including window panes and sliding glass doors), and
hardware (including, but not limited to, door knobs and exterior doors including sliding glass
and garage doors in each Condominium Unit garage door openers) shall be the obligation of
the Owner. In the event any Owner of any Condominium Unit fails to maintain the glass,
hardware, exterior doors light fixtures and/or light bulbs in a manner consistent with
the overall standard established within the Condominium and satisfactory to the Board, the
Board, after ten (10) days’ notice to the Owners of the Condominium Unit, setting forth the
action intended to be taken by the Condominium Association and after approval by a two-
thirds (2/3) vote of the Board, shall have the right but not the obligation, through its
agent, contractors and/or employees, to enter upon said Condominium Unit or Limited
Common Elements and to maintain and/or replace such glass, hardware, exterior doors,
light fixtures and light bulbs at the Owner’s expense.
(e) Balconies and Decks.
Except for routine cleaning, which is the Owner's responsibility pursuant to Section 3.2(b),
the Condominium Association is responsible for the maintenance, repair, and
replacement of patios, balconies, porches and decks (if any) which are part of a
Condominium Unit. If the outside components of the Condominium Unit are most
easily accessed through the Condominium Unit, the Owner will cooperate in providing
access to the outside components for the Condominium Association's agents and contractors.
If requested by the Condominium Association, the Owner will remove all personal property
from the outside components of his Condominium Unit to facilitate the required maintenance,
repair, or replacement. The Owner is liable to the Condominium Association for any
additional expense incurred by the Condominium Association due to an Owner's failure
or refusal to cooperate with reasonable requests for access or removal. This Section may not
be construed to prevent an Owner at the Owners' sole expense, without right of
reimbursement from the Condominium Association, from maintaining, repairing, and
replacing components of this Condominium Unit's patio, balcony, porch or deck (if any),
subject to the Condominium Association's architectural control.
(f) Mold
In the era in which this Condominium Declaration is written, the public and the
insurance industry have a heightened awareness of and sensitivity to anything pertaining to
mold. This Section addresses that environment. For more information about mold and mold
prevention, an Owner should consult a reliable source, such as the U.S. Environmental
Protection Agency. To reduce the risks associated with concentrations of mold, Owners should
be proactive in preventing circumstances conducive to mold, identifying mold, and eliminating
mold. Towards that end, each Owner is responsible for:
CONDOMINIUM DECLARATION Page 15
(i)regularly inspecting his entire Condominium Unit for evidence of water leaks
or penetrations or other conditions which may lead to mold growth;
(ii)repairing promptly any water leaks, breaks, or malfunctions of any kind in his
Condominium Unit that may cause damage to another Condominium Unit or
Common Element;
(iii)regularly inspecting his entire Condominium Unit for visible surface mold and
promptly removing same using appropriate procedures; and
(iv)reporting promptly to the Condominium Association any water leak,
penetration, break, or malfunction in any portion of his Condominium Unit or any
adjacent Common Elements for which the Condominium Association may have
maintenance responsibility.
(g)Release of Liability.
The Condominium Association and the Board, and their respective agents, contractors, or
employees shall not be liable, and are expressly relieved from any liability, for trespass or other
tort in connection with the performance of the exterior maintenance or other work authorized in
this Article. The cost of such exterior maintenance, interior hazard diminution and other work
shall be the personal obligation of the Owner of the Condominium Unit on which it was
performed and shall become part of the Assessment payable by the Owner and secured by the
lien retained in the Condominium Declaration. Alternately, the Condominium Association or
any Owner of a Condominium Unit may bring an action at law or in equity to cause the Owner
to bring said Condominium Unit into compliance with these restrictions.
(h)Disputes.
If a dispute arises regarding the allocation of maintenance responsibilities by this Condominium
Declaration, the dispute will be resolved by delegating responsibility to the individual Owners.
Condominium Unit maintenance responsibilities that are allocated to the Condominium
Association are intended to be interpreted narrowly to limit and confine the scope of
Condominium Association responsibility. It is the intent of this Article that all components and
areas not expressly delegated to the Condominium Association are the responsibility of the
individual Owners.
CONDOMINIUM DECLARATION Page 16
Section 3.3 Alterations to Common Elements.
(a)No Owner shall do any act or permit any act to be done in, on or to any Condominium
Unit and/or any portion of the Common Element that will impair the structural integrity, weaken
the support or otherwise adversely affect the Condominium Units or any Common Elements
including, without limitation, the following: (i) installation of ornamental iron or burglar bars,
storm window or door, awnings, shutters, exterior lighting, patio, balcony, porch or deck cover,
chimney, or skylight; (ii) installation of equipment that may create a noise annoyance, such as
noise-producing security devices, exterior pumps, and speakers; (iii) installation of walls, screens,
fences, gates, or carports; (iv) enclosure of patios, balconies, porches decks, or garages; (v)
installation of impermeable decking or other improvement that may interfere with established
drainage patterns.
(b)Decorative wall items such as lights, shelves and art work may be affixed to or installed
on the walls of any Condominium Unit that are not Common Elements without prior approval
of the Condominium Association provided such affixation or installation is done in a good and
workmanlike manner. No Owner shall make any alterations to any of the Common Elements
(including walls, windows and doors that are Common Elements) nor install, attach, affix or nail
any article thereto without the prior approval of the Condominium Association. No Owner shall
place, affix, attach or install any item, including without limitation decorative items, such as
lights, shelves, artwork, plants, furniture, accessories, rugs, carpets or any other item of
whatsoever nature in any Common Element without the prior approval of the Condominium
Association.
(c)A Condominium Unit Owner may not change or otherwise alter the appearance of or the
hardware on the entry door of a Condominium Unit or the Garage door of a Limited Common
Elements without prior approval of the Condominium Association.
(d)An Owner is responsible for all betterments made to his/her Condominium Unit and all
improvements or alterations made to the Limited or General Common Elements. At no time shall
the Condominium Association be responsible for any damage caused by improvements or
alterations; including but not limited to alterations to water flow, structural integrity of the
improvement or maintenance/repair of such improvements. Notwithstanding Condominium
Association approval of improvements and/or alterations to the Limited and/or General
Common Elements, an Owner, by placing such improvement/alteration on the Limited and/or
General Common Element, assumes all responsibility for maintenance, repair and liability caused
by any such improvement.
(e)All Owners agree to hold harmless the Condominium Association for approval or
disapproval of any Owners’ improvement; including, but not limited to damage caused by the
improvement to their Condominium Unit, any other Condominium Unit or any General and/or
Limited Common Element.
(f)The responsibility to maintain any betterments made to the Condominium Unit shall run
with the land and be the binding on any successors in title.
CONDOMINIUM DECLARATION Page 17
Section 3.4 Additional Provisions.
The Condominium Association, by provision of its Condominium Bylaws or by
Condominium Rules and Regulations enacted pursuant to the provisions hereof, may provide
such additional rules and regulations for use of the Common Elements and Condominium Units
as are necessary or desirable in the judgment of the Board for the operation of the Condominium
provided such Condominium Rules and Regulations and Condominium Bylaws are not in
conflict with the provision of this Condominium Declaration or the Master Governing
Documents.
Section 3.5 Condominium Guidelines.
In addition to any other provisions hereof relating to the alteration, maintenance,
decoration or repair of any Condominium Unit, each Owner shall comply with the standards set
by the Condominium Guidelines in effect at the time any alteration or modifications are made
to such Owner’s Condominium Unit or such Owner otherwise decorates its Condominium
Unit. The object of the Condominium Guidelines is to establish standards for the appearance of
the Condominium Units and to set standards for the alteration, maintenance, decoration or
repair of any Condominium Unit by an Owner after construction by the Declarant of the Base
Unit Improvements. The term "Base Unit Improvements" shall mean the original
improvements constituting the Condominium Unit constructed by Declarant, if any. The
Condominium Guidelines are not intended to control the construction of the Base Unit
Improvements by the Declarant. The Board may promulgate the Condominium Guidelines and
shall have the right, together with the Declarant and the Master Association, to enforce same
with respect to Condominium Units. Approval by the Board of any modification, alteration or
decoration of a Condominium Unit shall be conclusive as to compliance with the standards set
by the Condominium Guidelines unless the representations made to the Board by the Owner of
such Condominium Unit with respect to such modification, alteration or decoration are
incorrect or unless the facts upon which the Board makes its decisions shall materially change.
Amendment or modification of the Condominium Guidelines shall be in the sole control and at
the sole discretion of the Board and may be made from time to time without notice to any
Owner. No amendment of the Condominium Guidelines, however, shall be inconsistent with
the Master Governing Documents, retroactive or shall be applicable to any modification,
alteration or decoration of a Condominium Unit made upon the approval of the Board or made
or undertaken in good faith based upon the Condominium Guidelines in effect immediately
prior to the date of enactment of such amendment and in progress at the date the amendment
is voted on.
ARTICLE IV
SOUTH COPPELL LIVE WORK, INC.
Section 4.1 Authority to Manage.
(a)The affairs of the Condominium and Condominium Regime shall be administered
by the Condominium Association acting through the Board. The Board shall have all rights,
CONDOMINIUM DECLARATION Page 18
powers and duties of an "Association", as that term is used in TUCA. The Board shall have the
right and power to provide for the management, maintenance, and care of the Condominium and
Condominium Regime as provided herein, in TUCA, in the Condominium Bylaws, in the
Condominium Rules and Regulations. The business and affairs of the Condominium Association
shall be managed by its Board. The Declarant shall determine the number of directors and
appoint, dismiss, and re-appoint all of the members of the Board to ensure the stability of the
Condominium Association’s and the Condominium’s affairs, until the Fully Elected Board is
elected. The Board appointed by Declarant pursuant to the provision of this Section is herein
referred to as the "Appointed Board".
(b)The Appointed Board may engage the Declarant or any entity, whether or not
affiliated with Declarant, as the Managing Agent to perform the day-to-day functions of the
Condominium Association and to provide for the maintenance, repair, replacement,
administration and operation of the Condominium and Condominium Regime. The members of
the Board shall not be liable for any acts or omissions of the Managing Agent.
Section 4.2 Membership in the Condominium Association.
Each Owner shall be a Member of the Condominium Association so long as the Owner
shall be an Owner, and such membership shall automatically terminate when such ownership
ceases. Upon the transfer of ownership of a Condominium Unit however achieved, including,
without limitation, by foreclosure of a Mortgage or a deed in lieu of foreclosure, the new Owner
succeeding to such ownership shall likewise succeed to membership in the the Condominium
Association. It is the obligation of the Owner to notify the Condominium Association of any
change in ownership.
Section 4.3 Administration of the Condominium.
The Condominium Association, acting through the Board, its officers or other duly
authorized management representatives (including, but not by way of limitation, a Managing
Agent), shall manage the business and affairs of the Condominium. Management shall include,
without limitation, the powers of collection and enforcement set forth herein; and the power to
perform, or cause to be performed and paid for out of the Common Expense Fund, to the extent
available, the cost of, among other things, the following:
(a)Utility services used in or for the Common Elements, water and sewer services
used by or consumed by the Condominium Units, charges for cable television systems and, if
not separately metered or charged, other utility service for the Condominium Units. Electricity,
telephone, utility services separately metered or charged (including without limitation, charges
for water as allocated to each Condominium Unit by the Board for the use of water in excess of
the amount contemplated for such Condominium Unit under the Common Expense Charge)
shall be paid for by the Owner of the Condominium Unit served by such utility service. If, as or
when a separate water metering device and related water lines and facilities are installed for the
purpose of separately metering water for each Condominium Unit, each Owner’s water use will
be billed directly by the water supplier, or any similar water system provider.
CONDOMINIUM DECLARATION Page 19
(b)The insurance required herein and such policies of casualty, liability and/or
other insurance covering persons, property and risks as are determined by the Board to be in the
best interest of the Condominium.
(c)The services of a Managing Agent and such persons as the Board shall, from time
to time, determine are necessary or proper for the management, operation and maintenance of
the Condominium and the Condominium Regime.
(d)All supplies, tools, and equipment reasonably required in the management,
operation, maintenance, and cleaning of the Condominium, but not including the Condominium
Units.
(e)The cleaning, maintenance, repairing, reconstruction and replacement of the
Common Elements as the Board shall determine is necessary unless otherwise provided in this
Condominium Declaration.
(f)The services of employees or contractors which may include but shall not be
limited to gardeners, parking attendants, doormen, courtesy personnel, valets and such other
persons utilized in the operation of the Condominium in the manner determined by the Board.
(g)The removal of all trash, garbage and rubbish from the central garbage receptacle or
receptacles of the Condominium Units including the employment of the services of a garbage
collection company or agency, public or private.
(h)Costs of bookkeeping of the accounts of the Condominium Association and the
annual audit provided for in the Condominium Bylaws; costs of legal, accounting, and other
professional services engaged by the Board; premiums of fidelity bonds; taxes or assessments of
whatever type assessed or imposed against any of the Common Elements.
(i)All other costs of management, operation and maintenance of the Condominium.
The Board, or its management agent, shall have the authority to maintain monthly
accounting records kept on a cash or accrual basis as determined by the Board.
Nothing herein shall authorize the Board to furnish to any person services primarily for
the benefit of or a convenience to any Owner(s) or any Occupant(s) of any Condominium Unit
other than services customarily available to all Owners and Occupants of Condominium Units.
The Board shall have the exclusive right and obligation to contract for all goods, services and
insurance in connection with the administration of the Condominium, payment for which is to
be made from the Common Expense Fund.
Section 4.4 Right of Entry.
The Board, or its duly authorized representative (including any then-acting Managing
Agent), shall have the right and authority to enter any Condominium Unit for the purposes of:
(a)Making necessary repairs to Common Elements;
CONDOMINIUM DECLARATION Page 20
(b)Performing necessary maintenance to the Common Elements (including, without
limitation, cable television facilities), for which the Condominium Association is responsible;
(c)Abating any nuisance or any dangerous, unauthorized, prohibited or unlawful
activity being conducted or maintained in such Condominium Unit or any appurtenance thereto
(including, without limitation, removal of objects placed upon or stored on any patio, balcony or
porch without the prior written approval of the Board);
(d)Protecting the property rights and welfare of other Owners, including but not
limited to, entering Condominium Units to dispense chemicals for the extermination of insects
and pests within the Condominium Units and Common Elements (neither the Condominium
Association nor the Declarant shall be liable for any illness, damage, or injury caused by the
dispensing of these chemicals for this purpose);
(e)Enforcing the provisions of this Condominium Declaration, the Condominium
Bylaws, the Condominium Guidelines, the Condominium Rules and Regulations and any other
Dedicatory Instrument; and
(f)Gaining access to any patio, balcony or porch for any of the purposes set forth in
Section 4.4 (a) through (e), and to permit authorized personnel to maintain, repair and/or replace
the walls of the Condominium Units and to store temporarily on any patio, balcony or porch such
equipment as is reasonably necessary to accomplish the purposes set forth in this Section 4.4.
Except in the event of an emergency or, as to balconies, when the periodic cleaning and
maintenance of the perimeter walls of the Condominium Units have been scheduled, such right
of entry shall be exercised only in the presence of the Owner or other occupant, or the express
approval of the Owner or other occupant, of the Condominium Unit that is entered and in the
presence of the Managing Agent or its agent. Such right of entry shall be exercised in such manner
as to avoid any unreasonable or unnecessary interference with the possession, use or enjoyment
of the Condominium Unit by the Owner or occupant thereof and shall, whenever possible, be
preceded by a notice to the Owner or occupant thereof. The rights of entry herein granted to the
Board or its duly authorized representative may be accomplished by and exercised subject to such
methods and procedures as may be set forth in Condominium Rules and Regulations.
Section 4.5 Notices.
Any notice permitted or required to be given to a Member of the Condominium
Association and to an Owner may be delivered personally, by mail, email, facsimile or other
electronic means, or by placing such notice in the mail or in the Condominium Unit message
center facilities for each Owner if such facilities are present in the Condominium Units. If delivery
is made via mail, it shall be deemed to have been delivered when deposited in the U. S. mail
postage prepaid, addressed to an Owner at its Condominium Unit or to such other address as the
Owner may have given in writing to the Condominium Association for the purpose of service of
notices. Any address for purposes of notice may be changed from time to time by notice in
writing to the Board.
CONDOMINIUM DECLARATION Page 21
Section 4.6 Disputes.
In addition to the other powers conferred by law or hereunder, the Board is hereby
empowered to create procedures for resolving disputes between Owners and the Board or the
Condominium Association, including appointment of committees to consider and recommend
resolution of or to resolve any such dispute. Mediation of disputes shall be conducted as set out
herein.
Section 4.7 Board Action in Good Faith.
An officer, director, or committee member of the Board shall not be liable to the
Condominium Association or any Owner for any action or omission occurring in such person’s
capacity as an officer, director, or committee member so long as such action or omission is made
or taken in good faith or pursuant to the business judgment rule (as same is defined in the
Condominium Bylaws).
ARTICLE V
COMMON EXPENSE FUND; ASSESSMENTS; COLLECTION
Section 5.1 Common Expense Charges.
Except as provided in Section 5.2 hereof, all Owners are bound to contribute to the
Common Expense Fund by the Common Expense Charge in proportion to their Allocated
Interest. The Common Expense Charge and Special Assessments shall be assessed in accordance
with the provisions hereinafter set forth. Additionally, each Owner shall pay, upon demand, for
any services rendered to such Owner by the Condominium Association or arising as the
obligation of such Owner to the Condominium Association.
Section 5.2 Payment of Common Expense Charges by Declarant.
Recognizing that, to some degree, the cost of administration and maintenance of the
Condominium and the Common Elements is related to the use of the Common Elements which
is in turn related to the number of Condominium Units that are occupied, the Declarant may pay
to the Condominium Association, in lieu of any Common Expense Charge or Special Assessment
with respect to all Condominium Units that the Declarant continues to own, until the date that is
the earliest of: (i) the termination of the Declarant Control Period; or (ii) three (3) years after
Declarant’s first conveyance of a Condominium Unit (the "Termination Date"), an amount, if any,
by which the "Actual Operating Expenses" (as hereinafter defined) incurred for any fiscal year
(or portion thereof) of the Condominium Association ending prior to the Termination Date,
exceeds the aggregate of the Common Expense Charges (without any obligation to fund reserves)
payable during such period by other Owners of Condominium Units. Declarant may establish a
reserve fund (the "Reserve Fund"). The Board shall have the authority, but not the obligation, to
annually determine the amount of Common Expense Charge for that year, if any, to be
contributed to the Reserve Fund. For the purposes of this provision, the term "Actual Operating
Expense" shall mean those expenses reasonably necessary for the normal maintenance and
CONDOMINIUM DECLARATION Page 22
operation of the Condominium and shall not include (i) capital expenditures (determined in
accordance with generally accepted accounting principles); (ii) any amount paid into the Reserve
Fund; or (iii) prepaid items, inventory items, or similar expenses to the extent attributable to the
period after such fiscal year (or part thereof). After the Termination Date, the Common Expense
Charges to be paid by each Owner (including the Declarant) shall be determined as provided in
this Article. The Declarant, by notice in writing to the Condominium Association, may waive the
benefits of the first sentence of this Section and in the event of such waiver, shall thereafter be
obligated to contribute to the Common Expense Fund, the Common Expense Charge, and Special
Assessments amounts in proportion to the Allocated Interests attributable to the Condominium
Units owned by the Declarant.
The Reserve Fund shall be used for repairs, replacement, and/or enhancement of the
Common Elements and/or new improvements or amenities within the Common Elements and
may not be used for the general operations of the Condominium Association. The Board shall
have the authority to determine the expenditure of the Reserve Fund, including but not limited
to the sole discretion to determine the amount and timing of any such expenditures.
Section 5.3 Budget, Establishment of Common Expense Charges, and Special
Assessments.
Until the commencement of the first full fiscal year after the election of the Fully Elected
Board, the Appointed Board shall have the right and obligation to establish the annual budgets
for each fiscal year projecting all expenses for the forthcoming year that may be required for the
proper operation, management and maintenance of the Condominium and Condominium
Regime. Such budget, and all successive budgets, shall contain a reasonable allowance for
contingencies, maintenance, repairs and replacements to Common Elements, including those that
must be replaced on a periodic basis.
Commencing with the first full fiscal year after the election of the Fully Elected Board, the
Board shall establish an annual budget in advance for each calendar year and such budget shall
project all expenses for the forthcoming year that may be required for the proper operation,
management and maintenance of the Condominium and the Condominium Regime, including a
reasonable allowance for contingencies and a reasonable addition to the Reserve Fund. The
Common Expense Charge for each year shall be established by the Board after calculation of such
annual budget by the Board. The Common Expense Charge for each particular Condominium
Unit for each year shall be provided to each Owner on or before the first day of the applicable
fiscal year by such reasonable means as the Board may provide. If the Board at any time
determines that the Common Expense Charges so levied are or may prove to be insufficient to
pay the costs of operation, management, or maintenance of the Condominium, or the
Condominium Regime, for such fiscal year or in the event of casualty losses, condemnation losses
or other events (including non-payment of Common Expense Charges by Owners) that require
that additional funds be supplied for the management, maintenance, and operation of the
Condominium, the Board shall have authority, in its discretion, any time or from time to time to
increase such Common Expense Charges or to levy such Special Assessments as it shall deem
necessary for that purpose. Except as otherwise specifically provided in this Condominium
CONDOMINIUM DECLARATION Page 23
Declaration, such Special Assessment in excess of twenty percent (20%) of the Common Expense
Charge shall not be levied, however, without the prior approval of Owners having at least a
majority of the votes in the Condominium Association, unless a greater number of votes is
required by law applicable to the Condominium.
The failure or delay of the Board to prepare any annual budget shall not constitute a
waiver or release in any manner of any Owner’s obligation to pay Common Expense Charges
whenever the same shall be determined, and in the event of any delay or failure to establish any
annual budget each Owner shall continue to pay the Common Expense Charge, monthly, at the
rate established for the previous period until a new annual budget is established.
Section 5.4 Payment of Common Expense Charges, Special Assessments and Other
Sums.
(a)Initial Assessment Funding:
i)Upon purchase of a Condominium Unit from the Declarant (or an affiliate) or the
Condominium Association, the Owner shall pay or cause the title company or other
closing entity to pay the Condominium Association a working capital reserve fee as
has been then adopted by the Condominium Association or if none has been adopted,
then an amount of $350.00.
ii)The contribution to the working capital reserve fee is non-refundable and is not pro-
ratable, and is not and shall not act as a prepayment by such Owner of assessments of
any kind to the Condominium Association, but acts as such new Owner’s contribution
to the working capital of the Condominium Association.
(b) Common Expense Charge
i)The Common Expense Charge shall be allocated among those Owners obligated by
this Condominium Declaration to pay same according to their respective Allocated
Interests. Common Expense Charges shall be due and payable monthly in advance
on the first day of each calendar month (or such other day as the Board may designate
by written notice to all Owners) during the year for which such Common Expense
Charge has been assessed. Special Assessments, Common Expense Charges and other
sums for which an Owner may be liable hereunder (including, without limitation,
charges for water allocated to a Condominium Unit by the Board and other sums
incurred by the Condominium Association at the request of or on behalf of an Owner)
shall be payable on or before ten (10) days after the date on which an invoice has been
sent to an Owner. Payment of Common Expense Charges, Special Assessments, and
other sums due hereunder shall be in default if such Common Expense Charges,
Special Assessments, and other sums or any part thereof, are not paid to the
Condominium Association on or before ten (10) days from the due date for such
payment. Common Expense Charges, Special Assessments and other sums due
hereunder in default shall bear interest, from the date due at the lesser of (1) eighteen
percent (18%) or (2) the highest non-usurious rate permitted by law from and after the
CONDOMINIUM DECLARATION Page 24
date of delinquency until paid, due credit being given for all charges or fees
theretofore contracted for, charged or received that shall be deemed to be interest
under applicable law. The Board shall also have the right, in its sole discretion, by
appropriate resolution of the Board, to establish late fees or delinquency charges to be
imposed in addition to the interest to which such delinquent Common Expense
Charges, Special Assessments and other sums due hereunder are subject. Each Owner
(whether one or more persons) shall be personally liable for the payment of all
Common Expense Charges, Special Assessments and other sums due hereunder,
interest and late fees (or delinquency charges) that may be levied against such Owner
and its Condominium Unit(s) pursuant to the provisions hereof.
(1)Upon purchase of a Condominium Unit from the Declarant (or an affiliate)
or the Condominium Association, the Owner shall pay or cause the title
company or other closing entity to pre-pay the full Common Expense
Charge for the remainder of the fiscal year.
(2)Upon purchase from any other entity than the Declarant (or an affiliate) or
the Condominium Association, an Owner, upon purchase, shall owe a pro-
rated Common Expense Charge equal to the amount remaining in the
purchase month, to be assessed at the time of closing, based upon the initial
estimated closing date. If the closing date changes after the initial
estimated closing date is established, the purchasing party agrees to pay
the amount owed as of the initial estimated closing date.
ii)The fiscal year is as set forth by the Condominium Association.
Section 5.5 Enforcement.
In order to secure the payment of the Common Expense Charges, and Special Assessments
levied hereunder, and other sums due hereunder (including interest, late fees, legal fees,
collection costs, reimbursements, delinquency, and other charges made by the Condominium
Association), an assessment lien and superior title shall be and is hereby reserved in and to each
Condominium Unit and assigned to the Condominium Association, without recourse, which lien
shall be enforceable as hereinafter set forth by the Condominium Association, or the Board on
behalf of the Condominium Association. The liens described in this Section 5.5 and the superior
title herein reserved shall be deemed subordinate to any Mortgage for the purchase or
improvement of any Condominium Unit and any renewal, extension, rearrangement or
refinancing thereof. The collection of such Common Expense Charges, Special Assessments and
other sums due hereunder, in addition to any other applicable method at law or in equity, may
be enforced by suit for a money judgment and in the event of such suit, the expense incurred in
collecting such delinquent amounts, including interest, costs and attorney’s fees, shall be
chargeable to and be a personal obligation of such defaulting Owner. The right to use the
Common Elements and the voting rights of any Owner in default more than thirty (30) days in
the payment of the Common Expense Charge, any Special Assessment, or any other charges
owing hereunder for which an Owner is liable, may be revoked by action of the Board for the
CONDOMINIUM DECLARATION Page 25
period during which such default exists.
Notice of the lien referred to in the preceding paragraph may, but shall not be required
to, be given by the recordation in the Official Public Records of Real Property Records of Dallas
County , Texas of an affidavit, duly executed, sworn to and acknowledged by an officer of the
Condominium Association or its duly authorized employee or agent, setting forth the amount
owed, the name of the Owner (or Owners) of such Condominium Unit, according to the books
and records of the Condominium Association, the legal description of such Condominium Unit,
or in such other manner as may be specified by the TUCA.
Each Owner, by acceptance of a deed to its Condominium Unit, grants a power of sale to
the Board to sell such Condominium Unit upon default in payment of any amount owed, and
hereby expressly recognizes the existence of such lien as being prior to its ownership of such
Condominium Unit. Each Owner, by acceptance of a deed to its Condominium Unit, hereby vests
in the Board or its agents with the right and power to bring all actions against such Owner (or
Owners) personally for the collection of such unpaid Common Expense Charges, Special
Assessments, and other sums due hereunder as a debt and to enforce the aforementioned lien by
all methods available for the enforcement of such liens, both judicially and by non-judicial
foreclosure pursuant to Section 51.002 of the Texas Property Code (as same may be amended or
revised from time to time hereafter). In addition to and in connection therewith, by acceptance
of the deed to its Condominium Unit, each Owner expressly grants, bargains, sells and conveys
to the President of the Board from time to time serving as trustee (and to any substitute or
successor trustee as hereinafter provided for) such Owner’s Condominium Unit, and all rights
appurtenant thereto, for the purpose of securing the said Common Expense Charges, Special
Assessments, and other sums due hereunder remaining unpaid hereunder by such Owner from
time to time.
The trustee herein designated may be changed at any time and from time to time by
execution of an instrument in writing signed by the President or Vice President of the Board and
attested to by the Secretary of the Board and filed in the Official Public Records of Real Property
of Dallas County, Texas. In the event of the election by the Board to foreclose the lien herein
provided for nonpayment of sums secured to be paid by such lien, it shall be the duty of the
trustee, or his successor, as hereinabove provided, at the request of the Board (which request shall
be presumed) to enforce this trust and to sell such Condominium Unit, and all rights appurtenant
thereto, at the door of the county courthouse of Dallas County, Texas on the first Tuesday in any
month between the hours designated in the notice of such sale, to the highest bidder for cash at
public venue after the Trustee and the Board, respectively, shall have given notice of the proposed
sale in the manner hereinafter set forth and to make due conveyance to the purchaser or
purchasers, with a trustee’s deed to such purchaser or purchasers binding upon the Owner (or
Owners) of such Condominium Unit and their heirs, executors, administrators and successors.
The trustee shall serve notice of such proposed sale by posting a written notice of the time, place
and terms of the sale at least twenty-one (21) consecutive days preceding the date of sale at the
courthouse door of Dallas County, Texas and, in addition, the Board shall serve written notice at
least twenty-one (21) days preceding the sale or the proposed sale by certified mail on each of
such Owner or Owners according to the records of the Condominium Association. Service of
CONDOMINIUM DECLARATION Page 26
such notice shall be completed upon depositing the notice, enclosed in a postpaid wrapper,
properly addressed to such Owner or Owners at the most recent address as shown by the record
of the Condominium Association, in a post office or official depositary under the care and custody
of the United States Postal Service. The affidavit of any person having knowledge of the facts to
the effect that such service was completed shall be prima facie evidence of the fact of such service.
At the foreclosure, judicial or non-judicial, the Condominium Association shall be entitled
to bid for and purchase the Condominium Unit as a Common Expense, and to apply as a cash
credit against its bid all sums due to the Condominium Association covered by the lien foreclosed,
together with costs, interest, and attorney’s fees. From and after any such foreclosure, the
occupants of such Condominium Unit shall be required to pay a reasonable rent for the use of
such Condominium Unit, and such occupancy shall constitute a tenancy-at-sufferance, and the
purchaser at such foreclosure sale shall be entitled to sue for recovery of possession of the
Condominium Unit by forcible detainer without further notice.
It is the intent of the provisions of this Section to comply with the provisions of TUCA
and Section 51.002 of the Texas Property Code, relating to non-judicial sales by power of sale and,
in the event of the amendment of said Section 51.002, or TUCA hereafter, which amendment is
applicable hereto, the President of the Board, acting without joinder of any other Owner or
Mortgagee or other person may but is not obligated to, by amendment to this Condominium
Declaration filed in the Official Public Records of Real Property of Dallas County, Texas amend
the provisions hereof so as to comply with said amendments to Section 51.002 or TUCA.
Section 5.6 Common Expense Fund.
The Common Expense Charges collected shall be paid into the Common Expense Fund to
be held and used for the benefit, directly or indirectly, of the Condominium and the
Condominium Regime; and such Common Expense Fund may be expended by the Board for the
purposes set forth herein, including, without limitation, providing for the enforcement of the
provisions of this Condominium Declaration and any other Dedicatory Instrument, for the
maintenance, insurance, utilities, operation, repair, benefit and welfare of the Common Elements,
and generally for doing those things necessary or desirable in the opinion of the Board to maintain
or improve the Condominium. The use of the Common Expense Fund for any of these purposes,
except as provided herein, is permissive and not mandatory, and the decision of the Board with
respect thereto shall be final, so long as made in good faith.
Section 5.7 Reserve Assessment.
Upon the sale of a Condominium Unit by a person other than Declarant, the purchaser
shall pay to the Condominium Association an amount equal to two (2) months of the then current
monthly Common Expense Charge application to the Condominium Unit (hereinafter referred to
as the "Reserve Assessment") to be paid into a Reserve Fund. The Reserve Assessment shall be
due and payable on the date the deed conveying the Condominium Unit to the new Owner is
recorded, or in the case of a contract for deed or similar instrument, the date the contract for deed
is executed. Payment of the Reserve Assessment shall be in default if the Reserve Assessment is
not paid on or before the due date for such payment. Reserve Assessments in default shall bear
CONDOMINIUM DECLARATION Page 27
interest from the due date at the lesser of (1) eighteen percent (18%) or (2) the highest non-
usurious rate permitted by law from and after the date of delinquency until paid, due credit being
given for all charges or fees theretofore contracted for, charged or received that shall be deemed
to be interest under applicable law. All Reserve Assessments collected by the Condominium
Association shall be deposited into the Reserve Fund. No Reserve Assessment paid by an Owner
shall be refunded to the Owner by the Condominium Association. Further, the Condominium
Association may enforce payment of the Reserve Assessment in the same manner in which the
Condominium Association may enforce the payment of Common Expense Charges and Special
Assessments pursuant to Section 5.5 of this Article V.
This Section shall not apply in the case of a conveyance to a bona fide Mortgagee,
foreclosure purchaser, or judicial sale of a Condominium Unit or to any conveyance made by the
Owner of a Condominium Unit to a bona fide Mortgagee in lieu of foreclosure, provided that the
sale of such Condominium Unit by such Mortgagee to any other purchaser shall meet the
requirements of this Section. Further, this Section shall not apply to the following: (i) transfers of
any Condominium Unit by one spouse to or for the benefit of the other spouse; (ii) transfer
between Owners of a Condominium Unit; or (iii) sales to the Condominium Association or its
nominee pursuant to the Condominium Declaration.
ARTICLE VI.
INSURANCE
Section 6.1 General Provisions.
The Board shall have authority to and shall purchase insurance for the Condominium as
follows:
(a)Insurance on the Condominium Units (except for betterments and improvements
installed by the Owner and except as set forth in Section 6.2 below) and the Common Elements,
against loss or damage by fire and loss or damage by all risks now or hereafter embraced by the
so-called all-risk fire and extended coverage policy and any other extended coverage policy,
policies, or endorsements thereto, designed for insuring condominium regimes in the State of
Texas (with vandalism and malicious mischief endorsements), in amounts sufficient to prevent
the Condominium Association from acting as a co-insurer within the terms of the applicable
policies, but in any event in an amount not less than the full insurable replacement cost thereof
and which policy shall contain a replacement cost endorsement so long as the policy is
commercially reasonably available. The "full insurable replacement cost" of the Condominium
Units and the Common Elements shall be determined from time to time by the Board, and the
Board shall have the authority to obtain and pay for an appraisal by a person or organization
selected by the Board in seeking such determination. The cost of any and all such appraisals shall
be borne by the Common Expense fund.
(b)Insurance on the Condominium Units against all loss or damage from explosion
of boilers, heating apparatus, pressure valves and pressure pipes installed in, on or about said
CONDOMINIUM DECLARATION Page 28
Condominium Units, without co-insurance clause, so long as commercially reasonably available,
in such amount as the Board may deem desirable.
(c)Comprehensive general liability, including medical payments insurance, and
property damage insurance (including "umbrella" or "excess" coverage) against claims for
personal injury or death or property damage suffered by the public or any Owner, the family,
agent, employee or invitee of any Owner, occurring in, on or about the Common Elements or
upon, in or about the driveways, roadways, walkways and passageways, on or adjoining the
Condominium or the Condominium Regime, which general liability and property damage
insurance shall be in a minimum amount of $1,000,000.00 combined single limit, or such greater
amounts as the Board shall deem desirable.
(d) Such worker’s compensation insurance as may be necessary to comply with
applicable laws.
(e)Employer’s liability insurance in such amount as the Board may deem desirable.
(f)Fidelity bonds indemnifying the Condominium Association, the Board, and the
Owners from loss of funds resulting from fraudulent or dishonest acts of any employee of the
Condominium Association or of any other person handling the funds of the Condominium
Association in such an amount as the Board may deem desirable. The Board may add its
Managing Agent, as an additional insured.
(g)Liability insurance insuring the Board and officers of the Condominium
Association against any claims, losses, liabilities, damages or causes of action arising out of or in
conjunction with or resulting from any act or omission in their representative capacity.
(h)Such other insurance as may be required by TUCA or such other insurance in such
reasonable amount as the Board shall deem desirable.
The premiums for all insurance required on behalf of the Condominium Association or
the Owners pursuant to the provisions hereof shall be borne by the Common Expense Fund.
All insurance provided for in this Section shall be affected under valid and enforceable
policies issued by insurers of recognized responsibility authorized to do business in the State of
Texas, if available. Policies of insurance of the character described in Subsections (a), (b) and (c)
of this Section 6.1, if commercially reasonably available shall contain an endorsement naming as
insured the Condominium Association and each Owner as their interests may appear, shall
contain standard mortgagee clause endorsements in favor of the Mortgagee or Mortgagees, if
any, of each Condominium Unit, as their respective interests may appear, shall be without
contribution with regard to any other such policies of insurance carried individually by any
Owner, whether such other insurance covers the Condominium Unit owned by such Owner
and/or the additions and improvements made by such Owner to its respective Condominium
Unit shall waive the right of the insurer of subrogation under the policy against any Owner or
the Condominium Association; shall provide that such policy shall not be terminated for non-
payment of premiums or for any other cause without at least thirty (30) days prior written notice
CONDOMINIUM DECLARATION Page 29
to the Condominium Association and at least ten (10) days prior written notice to the Mortgagee
of each Condominium Unit, if possible. All policies of insurance of the character described in
Subsection Section 6.1(a) shall be adjusted and settled for the benefit of the affected Owner(s) by
the Board acting on behalf of, and as trustee for, the Owners, and the proceeds of such claim shall
be paid to the Board as trustee for the Owners and their Mortgagees, as their interests may appear.
Subject to Section 7.3 hereof, the proceeds paid under a policy must be disbursed first for the
restoration of the damaged Common Elements and Condominium Units and Owners and
Mortgagees shall not be entitled to receive payment of any portion of the proceeds unless there
is a surplus of proceeds after the Condominium Property has been completely repaired or
restored, or the Condominium Regime is terminated.
Section 6.2 Deductibles.
(a)The amount of the deductible under the Condominium Association’s property
insurance policy changes from time-to-time, as approved by the Board.
(b)It is the responsibility of each Owner to periodically check with the Condominium
Association’s managing agent to determine the amount of the then current deductible to ensure
that the Owner has sufficient additional insurance or other means to pay the deductible under
the procedures set forth below.
(c)In the event a loss or damage originates from a condition outside a Condominium
Unit, but the loss or damage was not caused by an Owner or the Condominium Association, and
the cost to repair a Condominium Unit and/or Common Elements is less than the deductible, the
Owner shall be responsible for the repair of the Owner’s Condominium Unit and the
Condominium Association shall be responsible for the repair of the Common Elements.
(d)In the event a loss or damage covered by the Condominium Association’s property
insurance policy is caused wholly or partly due to an act or omission of an Owner or the guest or
invitee of an Owner, including tenants and occupants of the Owner’s Condominium Unit, such
Owner shall be liable for:
i)the full amount of any deductible on the Condominium Association’s insurance
policy, and
ii)any other expense in excess of insurance proceeds. The Owner (or tenant) must also
submit a claim with his or her individual insurance carrier for any loss resulting from
such actions.
Such expenses shall be assessed against the Owner and the Owner’s Condominium Unit.
(e)The Owner shall be liable for the current full deductible on the Condominium
Association’s property insurance policy in the event that:
i)the loss originates within the Owner’s Condominium Unit or results from
unknown causes within the Condominium Unit (regardless of fault or
negligence); or
CONDOMINIUM DECLARATION Page 30
ii)the cause of the loss cannot be determined and is only related to the Owner’s
Condominium Unit (regardless of fault or negligence). The deductible shall be
assessed against the Owner and the Owner’s Condominium Unit.
(f)In the event more than one Condominium Unit is involved in any insured loss,
and the cause of the damage cannot be attributable to any one Condominium Unit, Owner or
tenant, the deductible will be proportionately distributed among all Owners who have
experienced the loss. The amounts proportionally distributed shall be assessed against each
Owner and each Owner’s Condominium Unit.
(g)The Board shall have the authority to determine whether any loss or damage was:
(i)caused by or the result of the act (or negligence) of an Owner or the Owner’s
tenants,
invitees or guests;
(ii)caused by or the result of a condition that originated in a Condominium Unit; or
(iii) caused by or the result of a condition or event exclusively related to a
Condominium Unit.
The Board’s reasonable, good faith determination of the cause of a loss or damage shall
be conclusive and binding on all parties.
Section 6.3 Claims Procedures.
(a) In the event an Owner or tenant of a Condominium Unit is insured for any loss to
the Condominium Unit, the Owner or tenant, as applicable, shall be required to submit a claim
for the loss under such Owner/tenant’s insurance policy.
(b)An Owner must file a claim with the Condominium Association’s managing agent,
not with the Condominium Association’s insurance agent. The managing agent will not refer a
claim to the Condominium Association’s insurance agent if the claim reasonably appears to be
less than the then current deductible.
(c)Only licensed and insured contractors shall be authorized to perform
reconstruction or repair work. All work must be permitted as required by local ordinance.
(d)The Condominium Association shall disburse insurance claim proceeds directly
to the licensed contractor(s) performing the repair or renovation work. Owners performing
repairs must submit all required permits and licenses along with original receipts to receive
reimbursement for work performed.
CONDOMINIUM DECLARATION Page 31
Section 6.4 General Conditions.
(a)Owners and tenants shall comply with all insurance risk management programs
promulgated by the Condominium Association.
(b)All Owners and tenants should obtain personal general liability, improvements
and betterments and content insurance policies. Such policies should remain in effect for as long
as the Owner is a Member of the Condominium Association and as long as the tenant resides in
the Condominium Unit.
Section 6.5 Individual Insurance.
Each Owner shall be responsible for insurance on the Owner’s Condominium Unit’s
contents, furnishings, betterments, appliances and personal property therein, including rugs and
floor coverings, EXCEPT FOR any of the as-built Condominium Unit and any part of a Common
Elements. The Condominium Association shall have the authority, without the obligation, to
obtain insurance on all or any portion of the above-described contents of an Owner’s
Condominium Unit. All policies of insurance carried by each Owner shall be without
contribution with respect to the policies of insurance obtained by the Condominium Association
for the benefit of all the Owners as above set forth. Owners may carry individual policies of
liability, at their own cost and expense, to provide for additional coverages and/or deductibles
allocated to any loss. Many insurance policies do not cover damages related to mold. The
Condominium Association may not maintain insurance coverage applicable to mold damage
with respect to any Condominium Unit. Accordingly, an Owner who wants insurance coverage
with respect to mold and mold-related damages is advised to purchase such insurance coverage
as part of his homeowners insurance policy.
Section 6.6 Subrogation.
Each Owner and the Condominium Association hereby agree to waive any rights of
subrogation against the Declarant and each other.
ARTICLE VII.
FIRE OR CASUALTY, RESTORATION
Section 7.1 Duty to Restore.
Any portion of the Condominium for which insurance is required under Section 82.111 of
the Texas Uniform Condominium Act, or its successor statute, that is damaged or destroyed must
be repaired or replaced promptly by the Condominium Association unless:
(a)the Condominium Regime is terminated by a vote of Owners of an aggregate
Allocated Interests of eighty percent (80%) or more of the Condominium;
CONDOMINIUM DECLARATION Page 32
(b)repair or replacement would be illegal under any state or local health or safety
statute or ordinance; or
(c)at least eighty percent (80%) of the Owners vote not to rebuild.
Section 7.2 Cost.
The cost of repair or replacement in excess of insurance proceeds and reserves shall be
paid out of the Common Expense Fund and/or (notwithstanding any other provision of this
Condominium Declaration) levied as a Special Assessment. However, the costs of deductibles, if
any, incurred by the Condominium Association shall be the responsibility of the Condominium
Unit Owner(s) whose Condominium Units are damaged. The Board, in its sole and exclusive
discretion, shall determine what Owner(s) are responsible for the reimbursement of the
deductible and at what amount.
Section 7.3 Partial Restoration.
If the entire Condominium is not repaired or replaced, any insurance proceeds
attributable to the damaged Common Elements shall be used to restore the damaged area to a
condition comparable with the remainder of the Condominium. The insurance proceeds
attributable to Condominium Units and Limited Common Elements that are not rebuilt shall be
distributed to the Owners of those Condominium Units and the Owners of the Condominium
Units to which the Limited Common Elements were assigned, or to their Mortgagees, as their
interests may appear. If the Owners vote not to rebuild any Condominium Unit, that
Condominium Unit’s Allocated Interest shall be reallocated automatically as if the Condominium
Unit had been condemned, and the Board shall prepare, execute and record an amendment to the
Condominium Declaration reflecting the reallocation.
Section 7.4 Repair of Condominium Units.
Following any such fire or other casualty where there is no termination of the
Condominium Regime as provided above, each Owner shall be responsible for the
reconstruction, repair, and replacement of all personal property and other property not a
Common Element, in or part of its as-built Condominium Unit, including, but not limited to, the
floor coverings, wall coverings, interior walls, furniture, furnishings, decorative light fixtures and
appliances located therein, to the extent each Owner wishes said reconstruction, repair, and
replacement to be accomplished in compliance with the Dedicatory Instruments; the
Condominium Association shall have no responsibility for any of same.
CONDOMINIUM DECLARATION Page 33
ARTICLE VIII.
EMINENT DOMAIN
Section 8.1 Taking of Condominium Units.
If a Condominium Unit is acquired by condemnation, or if part of a Condominium Unit
is acquired by condemnation leaving the Owner of the Condominium Unit with a remnant that
may not practically and lawfully be used for any purpose permitted by this Condominium
Declaration, the condemnation award must compensate the Owner for the Condominium Unit
and its Common Element interest, whether or not any Common Element interest is acquired. On
acquisition, unless the condemnation award provides otherwise, the condemned Condominium
Unit’s entire Allocated Interest shall be automatically reallocated to the remaining Condominium
Units in proportion to the respective Allocated Interests of those Condominium Units before the
taking, and the Board, acting without joinder of any other Owner or Mortgagee or other person,
shall promptly prepare, execute and record an amendment to the Condominium Declaration
reflecting the reallocations. A remnant of a Condominium Unit remaining after part of a
Condominium Unit is taken under this subsection is a Common Element.
Section 8.2 Partial Taking of a Condominium Unit.
Except as provided by Section 8.1, if part of a Condominium Unit is acquired by
condemnation, the award must compensate the Owner for the reduction in value of the
Condominium Unit and its Common Element interests. On acquisition, the condemned
Condominium Unit’s Allocated Interest shall be reduced in proportion to the reduction in size of
the Condominium Unit, and the portion of the Allocated Interest divested from the partially
acquired Condominium Unit shall automatically be reallocated to that Condominium Unit and
reallocated in proportion to the respective Allocated Interests of those Condominium Units before
the partially acquired Condominium Unit participating in the reallocation on the basis of its
reduced interest.
Section 8.3 Partial Taking of Common Elements.
If part of the Common Elements is lost in condemnation, the award must be paid to the
Condominium Association, as trustee for the Owners, and the holders of liens on the condemned
property, as their interests may appear. The part of the award not used for any restoration or
repair of the remaining Common Element shall be distributed the Owners in proportion to their
respective Allocated Interests before the taking. The portion of the award attributable to the
acquisition of a Limited Common Element shall be allocated among the Owners of the
Condominium Units to which that Limited Common Element was allocated at the time of
acquisition.
Section 8.4 Recordation.
The court decree in the condemnation proceedings shall be filed in the Official Public
Records of Real Property of Dallas County, Texas.
CONDOMINIUM DECLARATION Page 34
ARTICLE IX
LEASING
No Condominium Unit shall be leased for less than its entirety. No Condominium Unit
may be leased to a person who is required to register as either a Level 3 (High) or Level 2
(Moderate) sex offender pursuant to Chapter 62 of the Texas Code of Criminal Procedure (Sex
Offender Registration Program as it now exists or as it may be amended in the future) or pursuant
to any other law of the State of Texas, or any municipal or county ordinance, or any other state or
federal law or regulation. A "Sex Offender" for purposes of this Condominium Declaration also
includes a person who is required to register as a sex offender but who has not been assigned a
risk assessment level by the applicable authority or for whom such a risk assessment level is not
yet available to the public via the applicable registry program. No Condominium Unit shall be
leased unless the terms and provisions of such lease specifically provide that such Condominium
Unit may not be sublet to or be occupied by persons other than those named in the lease without
the prior written approval of the Board being first obtained, and any lease shall provide that the
lessee or occupant and any guest or invitee of such lessee or occupant shall comply with and
abide by all of the restrictions pertaining to the use of Condominium Units and the
Common Elements set forth in this Condominium Declaration, the Condominium Bylaws,
Condominium Rules and Regulations, and the Condominium Guidelines promulgated
hereunder and the laws of the State of Texas applicable to the Condominium now or hereafter
established governing the use of such Condominium Units and the Common Elements.
In addition, prior to executing a lease, the lessee shall sign a written agreement provided by the
Condominium Association, agreeing to not violate the Dedicatory Instruments and any other
rules set out by the Condominium Association. Should any lessee or occupant not comply with
such lease provisions and the written agreement with the Condominium Association, then
the Board shall have the right to cancel and terminate such lease, without any obligation or
liability imposed upon the Condominium Association, and for such purpose, the Board shall be
regarded as the Owner’s agent fully authorized to take such steps as may be necessary to effect
the cancellation and termination of such lease and the eviction of the tenant under such lease.
The Board shall have the right to collect rents from any tenant of an Owner that is more than
sixty (60) days delinquent in the payment of any amount due to the Condominium Association.
It is not the intent of the Declarant to exclude from a Condominium Unit any individual who is
authorized to so remain by any state or federal law.
The leasing restrictions contained in this Article IX shall not apply to the Condominium
Association or to any institutional lender, insurer or guarantor of a mortgage who takes title to
any Condominium Unit pursuant to the remedies set forth in its mortgage or security
instrument, provided, however, that it shall apply to any leases by any purchaser from such
mortgagee and any successor to such purchaser.
CONDOMINIUM DECLARATION Page 35
ARTICLE X
AMENDMENTS, CONFLICTS BETWEEN PROVISIONS
Section 10.1 Amendment of Condominium Declaration.
Except as otherwise provided by law and elsewhere in this Condominium Declaration,
the provisions of this Condominium Declaration, except for the specific matters described in
Section 10.2 below, may be amended only by vote or agreement of an aggregate number of
Members having not less than sixty-seven percent (67%) of the total voting power of the
Condominium Association and entitled to vote on such amendment, such agreement to be
evidenced by written ballot or by vote at a meeting of the Condominium Association called for
that purpose. Any amendment to this Condominium Declaration shall become effective only
upon the recordation in the Official Public Records of Real Property of Dallas County, Texas, of
a written amendment signed and certified by the duly authorized officers of the Condominium
Association, attesting to the proper adoption of such amendment and containing the text thereof.
An action to challenge the validity of an amendment to the Condominium Declaration adopted
by the Condominium Association under this Article X must be brought before the first
anniversary of the date the amendment is recorded.
The Declarant hereby reserves the unilateral right to amend this Condominium
Declaration at any time if such amendment is (a) necessary to bring any provision hereof into
compliance with any applicable governmental statute, rule or regulation, or judicial
determination; (b) necessary to enable any reputable title insurance company to issue title
insurance coverage on the Condominium Units; (c) required by an institutional or governmental
lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage
Condominium Association or Federal Home Loan Mortgage Corporation, to enable such lender
or purchaser to make or purchase mortgage loans on the Condominium Units; or (d) necessary
to enable any governmental agency or reputable private insurance company to insure mortgage
loans on the Condominium Units; or (e) as necessary to clarify or resolve ambiguities or conflicts
or to correct any inadvertent misstatements, errors or omissions in this Condominium
Declaration as same may be amended from time to time; provided, however, any such
amendment shall not adversely affect the title to any Condominium Unit unless the Owner shall
consent thereto in writing.
The Declarant further reserves the unilateral right to amend this Condominium
Declaration at any time prior to the election of the Fully Elected Board.
Section 10.2 Exceptional Matters.
Except as specifically permitted elsewhere in this Condominium Declaration, an
amendment to this Condominium Declaration may not create or increase special Declarant rights,
increase the number of Condominium Units, change the boundaries of a Condominium Unit
(without the agreement of those Condominium Unit Owners effected), alter or destroy a
Condominium Unit or Limited Common Element without the approval of one hundred percent
CONDOMINIUM DECLARATION Page 36
(100%) of affected Condominium Unit Owners, change a Condominium Unit’s Allocated Interest
(except in cases of combining of Condominium Units), or change the use restrictions on a
Condominium Unit unless the amendment is approved by agreement of an aggregate number of
members having not less than 100% of the total voting power of the Condominium Association.
The Board or the Declarant, if the Declarant owns a Condominium Unit that has never been
occupied, may without a vote of the Owners or approval of the Condominium Association,
amend the Condominium Declaration in any manner necessary to meet the requirements of the
Federal National Mortgage Condominium Association, the Federal Home Loan Mortgage
Corporation, the Federal Housing Administration, or the Veterans Administration.
Section 10.3 Amendment of Condominium Bylaws.
The Condominium Bylaws of the Condominium Association may be amended from time
to time as set out in the Condominium Bylaws.
Section 10.4 Amendment of Condominium Rules and Regulations.
The Condominium Rules and Regulations may be amended from time to time by the
Board, which may be more restrictive than the original provisions.
Section 10.5 Conflict Among Provisions.
In the event of any conflict among the terms and provisions of this Condominium
Declaration, the Certificate of Formation of the Condominium Association, the Condominium
Bylaws, the Condominium Rules and Regulations or applicable law, or between any of them, the
Condominium Bylaws shall control over the Condominium Rules and Regulations; the
Certificate of Formation shall control over both the Condominium Bylaws and the Condominium
Rules and Regulations; this Condominium Declaration shall control over the Certificate of
Formation, the Condominium Bylaws and the Condominium Rules and Regulations; and
applicable law shall control over all of the foregoing.
The covenants, restrictions and provisions of this Condominium Declaration shall be
consistent with all other relevant documents and law; provided, however, in the event of
conflict between or among the provisions of this Condominium Declaration, the Condominium
By-Laws, Certificate of Formation or Condominium Rules pursuant thereto, it shall be the intent
that all be harmonized. The foregoing priorities shall not prevent enforcement by the
Condominium Association of provisions or rules which are more stringent than those included
in any amendment.
CONDOMINIUM DECLARATION Page 37
ARTICLE XI
ALTERNATE DISPUTE RESOLUTION
Section 11.1 Dispute Resolution.
Except as set out in Section 11.4, no lawsuit between any of the following entities or
individuals shall be commenced until the parties have submitted to non-binding mediation: the
Declarant, Owners, Members, the Board, officers or committee members in the Condominium
Association, the Condominium Association, or the Managing Agent, if any.
Disputes between Owners that are not regulated by the Condominium Declaration shall
not be subject to the dispute resolution process.
Section 11.2 Outside Mediator.
In a dispute between any of the above entities or individuals, the parties must voluntarily
submit to the following mediation procedures before commencing any judicial or administrative
proceeding. Each party will represent himself/herself individually or through an agent or
representative, or may be represented by counsel. The dispute will be brought before a mutually
selected mediator. In order to be eligible to mediate a dispute under this provision, a Mediator
may not reside in the Condominium, work for any of the parties, represent any of the parties, nor
have any conflict of interest with any of the parties. Costs for such mediation shall be shared
equally by the parties. If the parties cannot mutually agree upon the selection of a mediator after
reasonable efforts (not more than thirty (30) days), each party shall select their own mediator and
a third will be appointed by the two selected mediators. If this selection method must be used,
each party will pay the costs of their selected mediator and will share equally the costs of the
third appointed mediator.
Section 11.3 Mediation is Not a Waiver.
By agreeing to use this Dispute Resolution process, the parties in no way waive their rights
to extraordinary relief including, but not limited to, temporary restraining orders or temporary
injunctions, if such relief is necessary to protect or preserve a party’s legal rights before a
mediation may be scheduled.
Section 11.4 Enforcement by Board.
The provisions of this Condominium Declaration dealing with Alternate Dispute
Resolution shall not apply to the collection of assessments, enforcement of the Condominium
Declaration, and/or Condominium Rules and Regulations by the Condominium Association.
CONDOMINIUM DECLARATION Page 38
ARTICLE XII.
MISCELLANEOUS
Section 12.1 Estoppel Certificate.
Any Mortgagee and any prospective purchaser of a Condominium Unit shall be entitled,
upon written request therefore, to a statement from the Board (or any party designated by the
Board) setting forth the amount of any unpaid Common Expense Charges, Special Assessments
or other sums due and owing to the Condominium Association against the Condominium Unit
or the Owner thereof. The prospective purchaser shall not be liable for, nor shall the
Condominium Unit conveyed be subject to the lien created in this Condominium Declaration for
any unpaid Common Expense Charges, or Special Assessments made by the Board against the
particular Condominium Unit involved or other sums due and owing against the Condominium
Unit or the Owner thereof in excess of the amount set forth in such statement. The purchaser
shall, however, be liable for any Special Assessments, Common Expense Charge, and any other
sums owing hereunder against such Condominium Unit or the Owner thereof becoming due after
the date of any such statement and shall be subject to the liens securing same as provided in this
Condominium Declaration.
Section 12.2 No Partition.
Except as may be otherwise specifically provided in this Condominium Declaration, the
Common Elements shall remain undivided and shall not be subject to an action for partition or
division of the co-ownership thereof so long as the Condominium is maintained as a
Condominium Regime in accordance with the provisions hereof, and, in any event, all
Mortgagees having an interest in the Common Elements must be paid in full prior to bringing
any action for partition or division of the Common Elements, the consent of all holders of such
Mortgages must be obtained; provided however, that if a Condominium Unit shall be owned by
two (2) or more Owners as tenants-in-common or as joint tenants, they shall be deemed to have
agreed to not permit a judicial partition of such Condominium Unit as between such co-owners.
Section 12.3 Alteration of Boundaries of Condominium Units.
Notwithstanding anything to the contrary in this Article or in the Condominium
Declaration, an Owner, when exercising its right and responsibility of repair, maintenance or
replacement shall not alter the exterior appearance of its Condominium Unit without the prior
written consent of the Board, which consent may be withheld in the Board's sole and absolute
discretion. Similarly, no Owner shall add to the living area of Owner's Condominium Unit by
expanding any improvements on the adjoining Common Elements or Limited Common
Elements or by constructing additional or expanding existing living space within the attic or
garage area of the respective Condominium Unit. The original garage area of a Condominium
Unit may not be enclosed or used for any purpose that would prohibit the parking of operable
vehicles therein, without the Board's written authorization. The automatic garage door opener is
CONDOMINIUM DECLARATION Page 39
to be maintained by the Owner. Garage doors are to be kept closed at all times except when a
vehicle is entering or leaving.
Section 12.4 Correction of Errors.
In addition to those rights set out in Section 10.1 hereof, Declarant reserves the continuing
right until election of the Fully Elected Board, without the consent of other Owners or the
representatives of any Mortgagee, to amend this Condominium Declaration or the Condominium
Bylaws for the purposes of clarifying or resolving any ambiguities or conflicts herein or in the
Condominium Bylaws, for correcting any misstatements, errors or omissions herein, provided
that no such amendment shall change the stated number of Condominium Units nor the
Allocated Interest in the Common Elements attributable thereto (except as set forth in Section
10.2).
Section 12.5 Enforcement.
The Condominium Association or any Owner shall have the right to enforce, by an action
at law or in equity, all terms and provisions hereof. Failure by the Condominium Association or
any Owner to enforce any covenant or restriction herein contained shall in no event be deemed
to be a waiver of the right to enforce such covenant or restriction thereafter.
The failure of the Association to enforce any of the limitations, restrictions, conditions or
covenants contained herein shall not constitute a waiver of the right to enforce the same
thereafter. No liability shall be imposed on, or incurred by, the Condominium Association as a
result of such failure. In an action asserted by the Condominium Association based upon a
breach of the Condominium Dedicatory Instruments, the Condominium Association shall be
entitled to recover, without limitation, all costs incurred in connection therewith, including
without limitation, reasonable attorneys’ fees and costs, from the violating Owner.
Section 12.6 Easements.
Prior to the election of the Fully Elected Board (and the Condominium Association
thereafter) the Declarant shall have the right to grant to utility companies and other entities, such
easements, rights-of-way, and other rights as may be reasonably necessary to service the
Condominium and establish, operate or maintain the same as a viable condominium regime,
without the approval or joinder of any other Owners or any Mortgagee.
Each Owner is hereby granted an easement in common with each other Owner for ingress
and egress through all Common Elements subject to this Condominium Declaration and the
Condominium Rules and Regulations promulgated from time to time by the Board. Such
easement shall be used jointly and in common with the other Owners and tenants of any Owners,
each Mortgagee, and the agents, employees, guests, licensees and invitees of each Owner, tenant
of each Owner, and each such Mortgagee. Nothing contained herein shall be construed to create
any rights of any nature in the public, nor shall any portion of the Common Elements be deemed
to be dedicated for public use.
CONDOMINIUM DECLARATION Page 40
The Board and parties authorized by the Board are hereby granted an easement over,
across and upon each of the balconies and patios for the purpose of maintenance and upkeep of
the Condominium Units.
Section 12.7 Declarant’s Right to Lease or Rent Units.
The Declarant shall have the right to rent or lease Condominium Units owned by the
Declarant to such parties and upon such terms and conditions as the Declarant in its sole and
absolute discretion desires; provided however, that a Condominium Unit may not be leased to a
Sex Offender. All tenants or lessees of the Declarant shall have access to the Condominium
Common Elements in the same manner as the Owners, and shall be bound by the terms of this
Condominium Declaration, the Condominium Bylaws, and the Condominium Rules and
Regulations.
Section 12.8 No Amendment Without Prior Written Consent of Declarant.
For so long as Declarant is the Owner of a Condominium Unit, the provisions of Sections
3.1, 4.6, 12.3, and 12.4 may not be added to, amended or deleted without prior written consent
of the Declarant.
Section 12.9 Security.
NEITHER THE CONDOMINIUM ASSOCIATION, ITS DIRECTORS, OFFICERS,
MANAGERS, AGENTS, OR EMPLOYEES, NOR THE DECLARANT, NOR ANY
SUCCESSOR DECLARANT, SHALL IN ANY WAY BE CONSIDERED AN INSURER OR
GUARANTOR OF SECURITY WITHIN THE CONDOMINIUM PROPERTY. NEITHER
SHALL THE CONDOMINIUM ASSOCIATION, ITS DIRECTORS, OFFICERS,
MANAGERS, AGENTS, OR EMPLOYEES, OR DECLARANT OR SUCCESSOR
DECLARANT, BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF
FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF SECURITY
MEASURES UNDERTAKEN. ALL OWNERS AND OCCUPANTS OF ANY
CONDOMINIUM UNIT, TENANTS, GUESTS AND INVITEES OF ANY OWNER, AS
APPLICABLE, ACKNOWLEDGE THAT THE CONDOMINIUM ASSOCIATION, ITS
BOARD, OFFICERS, MANAGERS, AGENTS, OR EMPLOYEES, DECLARANT OR
ANY SUCCESSOR DECLARANT, DO NOT REPRESENT OR WARRANT THAT ANY
FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY
SYSTEMS WILL PREVENT LOSS BY FIRE, SMOKE, BURGLARY, THEFT, HOLD-UP
OR OTHERWISE, NOR THAT FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR
OTHER SECURITY SYSTEMS WILL, IN ALL CASES, PROVIDE THE DETECTION OR
PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. EACH OWNER
AND OCCUPANT OF ANY CONDOMINIUM UNIT AND EACH TENANT, GUEST AND
INVITEE OF AN OWNER, AS APPLICABLE, ACKNOWLEDGES AND UNDERSTANDS
THAT THE MASTER ASSOCIATION, ITS DIRECTORS, OFFICERS, MANAGERS,
AGENTS, OR EMPLOYEES, THE CONDOMINIUM ASSOCIATION, ITS DIRECTORS,
OFFICERS, MANAGERS, AGENTS, OR EMPLOYEES, DECLARANT OR ANY
SUCCESSOR DECLARANT, ARE NOT INSURERS AND THAT EACH OWNER AND
CONDOMINIUM DECLARATION Page 41
OCCUPANT OF ANY CONDOMINIUM UNIT AND EACH TENANT, GUEST AND
INVITEE OF ANY OWNER ASSUMES ALL RISKS FOR LOSS OR DAMAGE TO
PERSONS, TO CONDOMINIUM UNITS AND TO THE CONTENTS OF
CONDOMINIUM UNITS AND FURTHER ACKNOWLEDGES THAT THE
CONDOMINIUM ASSOCIATION, ITS DIRECTORS, OFFICERS, MANAGERS,
AGENTS, OR EMPLOYEES, DECLARANT OR ANY SUCCESSOR DECLARANT, HAVE
MADE NO REPRESENTATIONS OR WARRANTIES NOR HAS ANY OWNER,
OCCUPANT, TENANT, GUEST OR INVITEE RELIED UPON ANY REPRESENTATIONS
OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, RELATIVE TO
ANY FIRE AND/OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS
RECOMMENDED OR INSTALLED OR ANY SECURITY MEASURES UNDERTAKEN
WITHIN THE CONDOMINIUM PROPERTY.
Section 12.10 Indemnity.
THE CONDOMINIUM ASSOCIATION SHALL INDEMNIFY EVERY DIRECTOR,
OFFICER, AND COMMITTEE MEMBER OF THE CONDOMINIUM ASSOCIATION
AGAINST, AND REIMBURSE AND ADVANCE TO EVERY DIRECTOR, OFFICER, AND
COMMITTEE MEMBER FOR ALL LIABILITIES, COSTS AND EXPENSES INCURRED IN
CONNECTION WITH SUCH DIRECTORSHIP, OFFICE, OR COMMITTEE MEMBERSHIP
AND ANY ACTIONS TAKEN OR OMITTED IN SUCH CAPACITY TO THE GREATEST
EXTENT PERMITTED UNDER ALL APPLICABLE LAWS AT THE TIME OF SUCH
INDEMNIFICATION, REIMBURSEMENT OR ADVANCE PAYMENT. THE
CONDOMINIUM ASSOCIATION SHALL ALSO OBTAIN DIRECTORS AND OFFICERS
INSURANCE COVERAGE FOR THE DIRECTORS, OFFICERS, AND COMMITTEE
MEMBERS IN AMOUNTS APPROVED BY A MAJORITY VOTE OF THE BOARD.
Section 12.11 Severability.
The invalidity of any one or more of the provisions of this Condominium Declaration shall
not affect the validity of the other provisions thereof. The provisions of this Condominium
Declaration shall be interpreted to be as restrictive as possible while not violating any federal,
state, or local laws or regulations. If it is found that any provision contained in this Condominium
Declaration is in violation of any law, then the provision shall be interpreted to be as restrictive
as possible to preserve as much of the original provision as allowed by law.
Section 12.12 View Impairment.
Neither the Declarant, nor the Condominium Association, guarantee or represent that any
view from Condominium Units or any view over and across the Common Elements, or open
space within the Condominium Property will be preserved without impairment. The Declarant
and the Condominium Association shall have no obligation to relocate, prune, or thin trees or
shrubs on the Common Elements. The Declarant and the Condominium Association shall have
the right to add trees and other landscaping to the Common Elements. There shall be no express
or implied easements for view purposes or for the passage of light and air.
CONDOMINIUM DECLARATION Page 42
Section 12.13 Declarant Control Period.
The Declarant Control Period is the period during which the Declarant, or persons
designated by the Declarant, may unilaterally appoint and remove the officers and a majority of
the members of the Board. The Declarant shall retain the unilateral right to appoint all directors
until not later than the 120the day after conveyance of fifty percent (50%) of the Condominium
Units that may be created to Condominium Unit Owners other than a Declarant at which time
not less than one-third (1/3) of the members of the Board must be elected by Condominium Unit
Owners other than the Declarant.
The Declarant Control Period shall terminate not later than the 120th day after conveyance
of seventy-five percent (75%) of the total number of Condominium Units that may be created to
Condominium Unit Owners other than the Declarant, at which time the Owners shall elect a
Board of at least three (3) members pursuant to the provisions in the Condominium Bylaws. The
persons elected shall take office upon election.
Notwithstanding anything contained herein to the contrary, the Declarant has the right,
at any time to transfer all or a portion of its Declarant rights created in this Condominium
Declaration, so long as such transfer is in writing and recorded in the Official Public Records of
Real Property of Dallas County, Texas. The termination of the Declarant Control Period to
appoint and remove the officers and members of the Board, shall in no way affect any other rights
of the Declarant created in this Condominium Declaration.
Section 12.14 Special Declarant Rights.
(a) Declarant’s Special Rights.
In addition to those certain Special Declarant Rights identified in Section 82.003(a)(22) of
TUCA, the Declarant reserves the following Special Declarant Rights. These Special Declarant
Rights are reserved for itself, its successors and assigns. Any deed of trust lien encumbering the
Declarant’s interest in the Condominium Property is deemed to include the Special Declarant
Rights, and any foreclosure sale pursuant to such deed of trust shall automatically convey such
Special Declarant Rights:
i) The right to conduct on the Condominium Property, Declarant’s business of
developing, grading and construction the infrastructure, additional improvements to
the Common Elements and additional Condominium Units and of disposing of the
Condominium Units by sale or otherwise;
ii) The right, but not the duty, to modify, change, re-configure, remove and otherwise
alter improvements located on the Common Elements, including, without limitation,
the interior and exterior of Condominium Units (so long as they generally comply
with the intended plans and elevations);
CONDOMINIUM DECLARATION Page 43
iii)The right, but not the duty to amend any Plat or Plan relating to the Condominium
Property to vary the size, shape, layout and location of Condominium Units, to add
Condominium Units not yet constructed and not yet shown thereon and to show on
updates of the Plat other improvements that have been completed;
iv)The right to increase or reduce the overall number of Condominium Units planned to
be constructed and to correspondingly adjust the percentages or fractions of
ownership of the Common Elements for all Condominium Units;
v)The right to add new elevations and styles of Condominium Units to the development
and to terminate the availability of other elevations and styles;
vi)The right to continue to develop the Condominium Units within the Condominium
Property or to transfer that right to a third party;
vii)The right to do what is reasonably necessary to complete construction of any work in
the Condominium Property and the right to continue to work on and complete
additional Common Elements;
viii)The right to use a portion of the Clubhouse as sales and marketing officers until all
Condominium Units planned to be constructed in the Condominium Property have
been sold;
ix)The right to use one or more Condominium Units as a model unit and/or a sales and
management office in such location as determined by Declarant;
x)The right, without consent of the Condominium Association or any other Owner, to
make alterations, additions or improvements in, to and upon any Condominium Units
owned by Declarant or any affiliate and to change the floor plan of any Condominium
Unit owned by Declarant or an affiliate;
xi)The right to maintain a sign or signs in, on and around the Condominium Property
for the purpose of marketing the Condominium Units in the Condominium Property
for sale;
xii)The right to modify, increase, reduce and relocate the landscaping;
xiii)The right, but not the obligation, to drill and equip, at any time and from time to time,
one or more wells to supply non-potable water for use by the Condominium
Association to water landscaping within the Condominium;
xiv)For as long as Declarant remains liable under any warranty, whether statutory,
express or implied, for any act or omission of Declarant in the development,
construction, sale and marketing of any portion of the Condominium, the right, for
itself and its employees, agents and contractors, to enter the Common Elements and
the Condominium Units for the purpose of making necessary inspections, test, repairs,
CONDOMINIUM DECLARATION Page 44
improvements, or replacements required for Declarant to fulfill any of its warranty
obligations; provided that no such entry into a Condominium Unit will unreasonably
interfere with the use of such Condominium Unit by the Owner (FAILURE OF THE
CONDOMINIUM ASSOCIATION OR ANY OWNER TO PROVIDE SUCH
ACCESS MAY RESULT IN THE APPROPRIATE WARRANTY BEING
NULLIFIED AND OF NO FURTHER FORCE OR EFFECT); and
xv) The right to transfer the Special Declarant’s Rights to a successor or assign.
(b)Limitations on Special Declarant Rights.
Unless sooner terminated by a recorded instrument signed by the Declarant, any Special
Declarant Right may be exercised by the Declarant until December 31, 2025.
Section 12.15 Adjacent Land.
Certain property located adjacent to or in close proximity to the Condominium, may be
used for any purpose, including multi-family, condominium, commercial/retail, and light
industrial uses (the "Other Property"). Owners acknowledge that the Condominium Association,
its directors, officers, managers, agents, or employees, the Declarant, or any successor declarant,
have made no representations or warranties nor has any Owner, occupant, tenant, guest or invitee
relied upon any representations or warranties, expressed or implied, relative to any future change
in use of the Other Property.
Section 12.16 Fines for Violations.
The Condominium Association may assess fines for violations of the Dedicatory
Instruments, other than non-payment or delinquency in Assessments, in amounts to be set by the
Board, which fines shall be secured by the continuing lien set out in this Condominium
Declaration.
Section 12.17 Current Address and Occupants.
Owners are required to notify the Condominium Association in writing of their current
address if other than the physical address of the Condominium Unit at all times. If an Owner
fails to notify the Condominium Association of their current address, the Condominium
Association shall use the address of the Condominium Unit as the current address. If Owner
leases the property, he shall supply the name of the Occupant present upon the execution of any
lease.
Section 12.18 Video, Data and Communication Service Agreements.
Subject to the approval of the Declarant during the Declarant Control Period, the
Condominium Association has or may hereafter enter into an agreement with a service provider
for the provision of cable television and/or other communication services in order to obtain
access to benefits and services for the benefit of Owners and Condominium Units. Payment for
CONDOMINIUM DECLARATION Page 45
services and benefits provided pursuant to video, data and/or communication service
agreements executed pursuant to this provision will be made from Assessments levied and
collected by the Condominium Association pursuant to the authority granted herein, and such
Assessments shall be supported by the lien created herein. While Owners are free to obtain the
same or similar services from a provider of their choice, no Owner may avoid paying any portion
of Assessm ents levied based on non-use of video, data or communication services provided and
paid for by the Condominium Association with Assessments.
Section 12.19 Occupants Bound.
All provisions of the Master Governing Documents and the Dedicatory Instruments shall
also apply to all Occupants of any Condominium Unit (collectively referred to herein as
"Occupants"). Every Owner shall cause all Occupants to comply with the foregoing, and every
Owner shall be responsible for all violations, losses, or damages caused by an Occupant,
notwithstanding the fact that such Occupant is jointly and severally liable and may be sanctioned
for any violation. In addition to all other remedies available to the Master Association and the
Condominium Association in the event of a violation by an Occupant, the Master Association or
the Condominium Association may require that the Occupant be removed from and not be
allowed to return to the Condominium Property and/or that any lease, agreement or permission
given allowing the Occupant to be present be terminated.
Section 12.20 Use of "South Coppell Live Work" Word or Mark.
No Person shall use the word "South Coppell Live Work" or any logo or
derivative in any printed or promotional material or web site without the prior written
consent of the Declarant. However, Owners may use the term "South Coppell Live Work"
where such term is used solely to specify that a Condominium Unit is located in the
Condominium and the Condominium Association shall be entitled to use the word "South
Coppell Live Work" in its name.
Section 12.22 Disclosures. Each Owner and Occupant acknowledges the following: (a)The Condominium Property is located adjacent to Love Field Airport and street
thoroughfares that may be affected by traffic and noise from time to time and may be improved
or widened in the future;
(b)The views and natural light from an Owner’s Condominium Unit can change over time
due to, among other things, additional development and the addition or removal of landscaping;
(c)No representations are made regarding the uses or zoning of adjacent property, or that
the present uses of adjacent property may not change in the future;
(d)No representations are made regarding which schools may now or hereafter serve the
Condominium Property;
CONDOMINIUM DECLARATION Page 46
(e)No representations are made that a Condominium Unit is or will be soundproof or that
sound may not be transmitted from one Condominium Unit to another or within a Condominium
Unit from one floor to another, and any such transmission of noise shall not constitute a use of
Condominium Unit that interferes with or causes disruption to the use and quiet enjoyment of
another Condominium Unit by its respective Owner and/or Occupant. EACH OWNER, BY
ACCEPTANCE OF A DEED OR OTHER CONVEYANCE OF THEIR CONDOMINIUM
UNIT, HEREBY ACKNOWLEDGES AND AGREES THAT SOUND AND IMPACT NOISE
TRANSMISSION IN A CONDOMINIUM BUILDING IS VERY DIFFICULT TO CONTROL,
AND THAT NOISES FROM ADJOINING OR NEARBY CONDOMINIUM UNITS AND THE
SURROUNDING DEVELOPMENT AND/OR MECHANICAL EQUIPMENT CAN AND
WILL BE HEARD IN CONDOMINIUM UNITS. DECLARANT DOES NOT MAKE ANY
REPRESENTATION OR WARRANTY AS TO THE LEVEL OF SOUND OR IMPACT NOISE
TRANSMISSION BETWEEN AND AMONG CONDOMINIUM UNITS AND THE OTHER
PORTIONS OF THE CONDOMINIUM PROPERTY, AND EACH OWNER HEREBY WAIVES
AND EXPRESSLY RELEASES, TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW
AS OF THE DATE OF THIS CONDOMINIUM DECLARATION, ANY SUCH WARRANTY
AND CLAIM FOR LOSS OR DAMAGES RESULTING FROM SOUND OR IMPACT NOISE
TRANSMISSION;
(f)The Condominium Plat and the dimensions and square footage calculations shown
thereon are only approximations. Any Condominium Unit Owner who is concerned about any
representations regarding the Plat should do its own investigation as to the dimensions,
measurements and square footage of its Condominium Unit;
(g)Owners should expect that assessment amounts can and will increase over time due in
part to inflation and increases in the cost of certain items beyond the control of the Condominium
Association, such as the cost of utilities and insurance premiums;
(h)Since in every neighborhood there are conditions which different people may find
objectionable, it is acknowledged that there may be conditions outside of the Condominium
property which an Owner or tenant finds objectionable and that it shall be the sole responsibility
of the Owners and tenants to become acquainted with neighborhood conditions which could
affect the Condominium Unit;
(i)All Owners are hereby placed on notice that, from time to time, certain excavation,
construction and other activities may be performed within or in proximity to the
Condominium Property. By the acceptance of a deed or other conveyance or mortgage,
leasehold, license, easement or other interest, and by using any portion of the Condominium
Property, each Owner automatically acknowledges, stipulates and agrees:
(a) that none of the aforesaid activities shall be deemed nuisances or noxious or offensive
activities, under any applicable covenants or at law generally, (b) not to enter upon, or allow their
children or other Persons under their control or direction to enter upon (regardless of whether
such entry is trespass or otherwise) any property within or in proximity to any portion of the
Condominium Property where such activities are being conducted (even if not being actively
conducted at the time of entry, such as at night or otherwise during non-working hours), (c)
CONDOMINIUM DECLARATION Page 47
Declarant(s) and all of their respective agents, contractors, subcontractors, licensees and other
designees, successors and assignees, shall not be liable but, rather, shall be held harmless, for
any and all losses and damages (compensatory, consequential, punitive or otherwise),
injuries or deaths arising from or relating to the aforesaid activities, and (d) any purchase
or use of any portion of the Condominium Property has been and will be made with full
knowledge of the foregoing;
(j)Concrete surfaces are subject to cracking due to, among other things, the following: (i)
water penetration, (ii) expansion and contraction of the concrete with temperature changes, (iii)
building settlement, (iv) the normal concrete curing process; and (v) external factors beyond the
control of the contractor such as substantial changes in ambient air temperatures during the
concrete curing process.
(k)The Condominium buildings are subject to settling and may experience settling cracks
due to, among other things the normal expansion and contraction of the surrounding soil
regardless of the Condominium Association’s irrigation of the surrounding landscaping. Each
Owner acknowledges that the soils in North Texas commonly expand and contract and that this
expansion and contraction may result in settling cracks or doors or windows that do not easily
open or close.
(l)A Condominium Unit may trap humidity created by everyday living (cooking, bathing,
laundering, etc.). As a result, condensation may appear on the interior portion of windows and
glass surfaces and fogging of windows and glass surfaces may occur due to temperature
disparities between the interior and exterior portions of the windows, glass and framing. If left
unattended and not properly maintained by Owners and Occupants, the condensation may
increase resulting in staining, damage to surrounding seals, caulk, paint, wood work and
sheetrock, and potentially, mildew and/or mold; and
(m)The Condominium may be subject to erosion, settling and/or flooding during unusually
intense or prolonged periods of rain or drought.
(n)The driveways are constructed to typical load-bearing capacities and neither the Declarant
or the Condominium Association are responsible for any damage caused to the driveways if used
to park or store heavy construction equipment, construction materials or large vehicles thereon.
Section 12.22 Common Elements and Units Under Construction.
Because of potential safety and health hazards present during construction of the
Condominium Units, Owner’s access to certain portions of the Common Elements and their
respective Condominium Units under construction may be restricted or prohibited. Should an
Owner, its agents, representatives, or invitees enter onto the Condominium Property prior to
completion of construction, THE OWNER SHALL AND HEREBY AGREES TO INDEMNIFY
AND HOLD THE DECLARANT, THE CONDOMINIUM ASSOCIATION, THEIR
RESPECTIVE MEMBERS, OWNERS, DIRECTORS, AGENTS, AND EMPLOYEES,
HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF
ACTION, DAMAGES, COSTS, LIABILITIES, AND SETTLEMENTS ARISING IN FAVOR
CONDOMINIUM DECLARATION Page 48
OF SUCH OWNER, OR ANY THIRD PARTY WHO ENTERS ONTO THE CONDOMINIUM
PROPERTY WITH OR AT THE REQUEST OF AN OWNER, ON ACCOUNT OF BODILY
INJURY, DEATH OR DAMAGE TO OR LOSS OF PROPERTY IN ANY WAY OCCURRING
OR INCIDENT TO THE CONDITION OF THE CONDOMINIUM PROPERTY AND/OR THE
CONDOMINIUM UNIT WHILE UNDER CONSTRUCTION. THIS INDEMNITY IS GIVEN
TO DECLARANT AND THE CONDOMINIUM ASSOCIATION AND APPLIES
REGARDLESS OF WHETHER THE DECLARANT OR THE CONDOMINIUM
ASSOCIATION OR THEIR RESPECTIVE MEMBERS, OWNERS, DIRECTORS, AGENTS
OR EMPLOYEES ARE NEGLIGENT OR OTHERWISE AT FAULT OR STRICTLY LIABLE
WITHOUT REGARD TO FAULT IN WHOLE OR IN PART AND EVEN WHEN THE INJURY,
DEATH OR DAMAGE IS CAUSED BY THE SOLE NEGLIGENCE OR OTHER FAULT OR
STRICT LIABILITY WITHOUT REGARD TO FAULT OF DECLARANT, THE
CONDOMINIUM ASSOCIATION, THEIR RESPECTIVE MEMBERS, OWNERS,
DIRECTORS, AGENTS OR EMPLOYEES.
IN WITNESS WHEREOF, Declarant has executed this instrument on this the
day of December 2021.
DECLARANT:
560 S. COPPELL RD., LLC, a Texas limited
liability company
By:
Printed Name: Chris Collins
Title: President
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of December 2021 by
Chris Collins, President of 560 S. COPPELL RD., LLC, a Texas limited liability company,
on behalf of the corporation.
Notary Public – State of Texas
EXHIBITS A
EXHIBIT "A"
LEGAL DESCRIPTION
EXHIBITS B
EXHIBIT "B"
ALLOCATED INTERESTS
UNIT NUMBER
560 S. Coppell Rd., Unit #1
ALLOCATED INTEREST
1/5
1/5
1/5
1/5
1/5
560 S. Coppell Rd., Unit #2
560 S. Coppell Rd., Unit #3
560 S. Coppell Rd., Unit #4
560 S. Coppell Rd., Unit #5
EXHIBITS C
EXHIBIT "C"
CONDOMINIUM UNIT PLANS
EXHIBITS D
EXHIBIT "D"
RULES AND REGULATIONS
RULES AND REGULATIONS
SOUTH COPPELL LIVE WORK
Rules and Regulations Of
South Coppell Live Work
These Rules and Regulations (these "Rules") are set forth to expand upon and detail the
information provided by the Dedicatory Instruments of South Coppell Live Work, Inc. (the
"Association"). "Dedicatory Instrument" shall have the meaning ascribed to it by Section 82.003 of the
Texas Property Code. All Unit Owners, Occupants and Unit’s occupied are subject to these Rules. For
purposes of these Rules, an "Owner" is a person who holds title to a Unit or a member of that person's
immediate family; an "Occupant " is a person who occupies the Unit, whether as an Owner or as a
member of the Owner's immediate family; a "Guest” is a person who has been invited by the Owner or
Occupant to the project; and a “Visitor” is a person who is visiting the project but is not an Owner,
Occupant, or Guest.
Any capitalized term used in these Rules, but that is not defined in this document, shall have the
meaning as defined by the Dedicatory Instruments. In the event of an inconsistency or conflict between
these Rules, the terms of the Dedicatory Instruments shall provide control and take precedent. However,
the provisions in these Rules and the Declaration shall be construed in an effort to harmonize the
documents and avoid conflicts.
All Owners, Occupants, Guests and Visitors are subject to the duties, obligations, restrictions and
waivers imposed on them by the Dedicatory Instruments, including, without limitation, these Rules. A
breach of these Rules is a breach of the Dedicatory Instruments.
These Rules have been adopted by the Board in conformity with the Dedicatory Instruments. The
Board has the power to modify, amend, supplement and enforce these Rules in its sole and exclusive
discretion. Lack of enforcement in any one or more instances shall not act as a waiver of the Association
or Board's right and ability to thereafter enforce these Rules.
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Rules and Regulations
Preface
TABLE OF CONTENTS
Assumptions and Terms 1
Compliance Policy 2
Obligations of Owners and Occupants 3
Exterior Alterations and Improvements 4
Decorative Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Satellite Dish or Antennae . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Landscaping Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Code of Conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Windows and Window Coverings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
Animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Parking Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Solicitation and Estate Sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Signs and Real Estate Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Condominium Sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Leases of Condominium Units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
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ASSUMPTIONS AND TERMS
Prior Written Approval: Numerous items addressed in these Rules require Prior Written
Approval, due to the exterior (Common & Limited Common Elements) of the Unit being the maintenance
responsibility of the Association for the majority of items. The Board may grant a Waiver to these Rules
under certain circumstances.
Prior Written Approval must be obtained by an Owner from the Board prior to any exterior
modification being made to a Unit, any Limited Common Element, or any Common Element.
Inquiries regarding requests for approval must be made by contacting the Manager in writing or
through other means as designated by the Board.
Owners shall keep a record of any approval or variance issued, and provide such records upon the
transfer or conveyance of title to another Owner(s).
Electronic mail ("E-mail") correspondence from the Manager or the Association may serve as
written approval.
After a Unit's initial transfer from the Declarant, an Owner will be held responsible for any
damage or additional maintenance required to the Unit's exterior, Limited Common Elements and/or
Common Elements resulting from the Owner's modification or improvement of a Unit's exterior, whether
approved or not, unless otherwise noted by the Board and/or the Association, in writing.
Waiver: Certain circumstances may warrant a waiver or variance of these Rules. An Owner or
Occupant must submit a written request to the Board for such a waiver or variance. Should the Board
deem a waiver or variance is warranted, the Board may, in the Board's opinion and sole discretion, grant a
waiver or variance as the Board deems appropriate. No waiver or variance shall be effective unless issued
by the Board in writing. A waiver or variance of any of these Rules for one person shall not act as a
·waiver for any other persons.
Personal Property: Personal Property is any item owned by a Unit Owner which is not part of the
Undivided Interest of all Owners under the Maintenance and care of the Association. These Rules
describe the locations and conditions in which items of Personal Property are permitted. Unless explicitly
stated within these Rules, no Personal Property is permitted in the Common Elements or Limited
Common Elements other than for the parking of permitted vehicles. No item may be positioned or placed
in such a way as to block access to the Property or to another Occupant's assigned parking space.
Unsightly Appearance: In the Board's opinion and sole discretion, the Board may instruct an
Owner to clear or remove any exterior personal property items which present an unsightly appearance.
Additional Rules:
Each Owner and Occupant shall comply with all rules and signs posted from time to time within
the Condominium by the Association, including, without limitation, posted signs or rules regulating the
use of recreational facilities or amenities.
Each Owner and Occupant shall comply with notices published by the Association from time to
time relating to seasonal or temporary rules or changes affecting the use of the Condominium.
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Each Owner and Occupant shall comply with any additional rules found on forms or applications
in relation to requests for Prior Written Approval, use or rental of the facilities and/or amenities of the
Condominium, or for other purposes.
COMPLIANCE POLICY
Compliance with the Rules is important to the Association and its Owners. In conformity with
Texas Property Code Section 82.102(d), if an Owner is in violation of any of the Rules described herein,
the following Compliance Policy will apply as follows:
First Letter. Before charging any fine for a violation of the Dedicatory Instruments, the
Association shall provide the Owner written notice which:
Describes the violation or property damages and states the amount of the proposed fine or
damage charge;
States that not later than the thirtieth (30th) day after the date of the notice, the Owner may
request a hearing before the Board to contest the fine or damage charge; and
Allows the Owner a reasonable time, by a specified date, if the violation is curable, to cure the
violation and avoid the fine unless the Owner has been given notice and a reasonable opportunity to cure
a similar violation within the preceding twelve (12) months.
The notice will be mailed to the mailing address on file with the Association and may also be
mailed to the Occupant.
Note: The Association is not responsible for Owners who fail to update the Association with current
mailing addresses or other contact information.
Compliance Date. The specified date ("Compliance Date"), by which the Owner may cure the
violation to avoid incurring the fine, unless the Owner has been given notice and a reasonable opportunity
to cure a similar violation within the preceding twelve (12) months. Additionally, an Owner will not be
provided a Compliance Date if the violation is not curable within a reasonable time.
First Penalty. If the Owner fails to resolve the violation by 5:00 p.m. on the Compliance Date
provided by the First Letter, a non-compliance fine in the amount of $50 may be assessed to the Owner's
account.
Subsequent Letter. After the First Penalty has been assessed, an additional written letter will be
sent, stating the violation and fine amount. The Owner will be provided a reasonable time, if the violation
is curable, including the specified date (Compliance Date), by which the Owner may cure the violation to
avoid incurring any additional non-compliance fines.
Should the Owner fail to cure the violation by 5:00 p.m. on the Subsequent Letter Compliance
Date, an additional non-compliance fine of $75 may be assessed to the Owner's account. The Association
may continue to assess a non-compliance fine against the Owner every thirty (30) days until such time the
Owner becomes compliant.
Additional Penalties. If the Owner continues to be in violation after the mailing of the First Letter
and two (2) Subsequent Letters, the Manager will notify the Board of the Owner’s non-compliance. The
P a ge 3 | 9
Board, upon review of the situation, may use any other means as provided by the Dedicatory Instruments
to enforce such compliance.
Late fees. All payments for fines assessed pursuant to Section II of these Rules shall be due to the
Association within fifteen (15) days from the date of the First Letter or Subsequent Letter notifying the
Owner of the violation. If an Owner fails to pay a non-compliance fine within fifteen (15) days from the
date of the First Letter or Subsequent Letter notifying the Owner of the violation, the Association may use
the policies described in Article V of the Declaration to charge late fees to such Owner's account.
OBLIGATIONS OF OWNERS AND OCCUPANTS
Safety. Each Owner and Occupant is responsible to the Association for his/her own safety and for
the safety, well-being and supervision of his/her family members, Guests and Visitors.
Damage. Each Owner or Occupant is responsible to the Association for any loss or damage
(including, but not limited to, damage resulting from modification of the Unit) to his/her Unit, other
Units, the personal property of other Owners or Occupants or their Guests and Visitors, or to the Common
Elements, if such loss or damage is caused by the act or omission of the Owner or Occupant or any Guest
or Visitor of an Owner or Occupant.
Association Does Not Insure. Other than as provided for in the Declaration and/or the
Condominium Master Insurance Policy, each Owner or Occupant is solely responsible for insuring his/her
personal property in the Unit and the Condominium, including his/her furnishings and vehicle(s). The
Association is not responsible for personal property placed or kept in the Condominium by an Owner or
Occupant. Each Owner or Occupant is encouraged to obtain appropriate insurance covering loss or
damage to personal property.
Risk Management. No Owner or Occupant shall permit anything to be done or kept in his/her
Unit or the Common Elements which may result in the cancellation of insurance on any Unit or the
Common Elements or which may be in violation of any law.
Reimbursement for Enforcement. If necessary, the Association may enforce the Dedicatory
Instruments through whatever means necessary, including legal action. An Owner or Occupant shall
promptly reimburse the Association for any expenses incurred by the Association in enforcing the
Dedicatory Instruments against the Owner or Occupant, his/her Unit, or persons for whom the Owner or
Occupant is responsible.
Reimbursement for Damage. An Owner or Occupant shall promptly reimburse the Association
for the cost to repair damage to any part of the Condominium caused by the negligent, intentional or
reckless conduct of the Owner or Occupant or persons for whom the Owner or Occupant is
responsible.
Report Malfunctions and Maintenance. An Owner or Occupant shall immediately report to the
Association, through the Manager (primary) or Board of Directors of any leak, break, or malfunction in
any portion of his/her Unit or the Common Elements. The failure to timely report a known problem may
be deemed to be negligent, thereby resulting in possible reimbursement of the Association from the
Owner or Occupant for any additional damage resulting from the delay.
Frozen Water Pipes. Because the Units are constructed with water lines in exterior walls, it is the
duty of every Owner and Occupant to protect water lines from freezing during winter months. Between
November 1 and March 25 of any year, no Unit may be left unheated. During periods of anticipated
P a ge 4 | 9
below-freezing temperatures, water lines in exterior walls should be left ajar. Freeze covers may be
placed over exterior hose connections and do not require prior Board approval. Dishwashers on exterior
walls should not be used during and immediately after periods of extreme cold. Failure by an Owner or
Occupant to monitor the local weather and take appropriate precautions may be deemed to be negligent,
thereby resulting in possible reimbursement of the Association from the Owner or Occupant for resulting
damage.
EXTERIOR ALTERATIONS AND IMPROVEMENTS
No alterations may be made to the exterior surface of the building in which the Unit is located,
and no fences, walls, patios, decks, landscaped areas, lawns, beds, plant materials etc., may be modified
or added (Architectural Improvements), nor may any trees or shrubs be planted, transplanted or removed
(Landscape Improvements), without Prior Written Approval, unless specified herein. Requests for
Architectural and Landscape Improvements are to be made through the appropriate request form by
contacting the Manager. At the Board's sole discretion, in keeping with the Board's duties to protect and
maintain the Common Elements further described in the Dedicatory Instruments, the Board of Directors
may reasonably request additional professionals to review all plans for alterations, work in progress,
and/or completed alterations - all costs shall be an expense of the requesting Owner(s).
Utility Alterations, Permits and the Law: Prior Written Approval (pl) must be obtained prior to
commencement of any alteration and such alteration must comply with all local, city, county, state and/or
federal codes and laws. An approval by the Board does not signify the alteration is compliant with all
local, city, county, state and/or federal codes and laws. It is the Owner's responsibility to verify any
alteration complies with all local, city, county, state and/or federal codes and laws. After a Unit is sold
and conveyed to the first non-Declarant Owner, the Owner will specifically notify the Manager of any
such exterior alterations, in writing, which require any form of approval from any governing entity (such
as, but not limited to, a permit or a license) and supply a final copy of any such approval to the
Association through the Manager. For any alteration of electrical, gas or water supply lines not requiring
approval from any governing entity: a written notice is required to be delivered to the Manager describing
the location, the reason for the alteration(s), and the name of the properly licensed and insured contractor
performing the work. The requesting Owner may be required to supply the contractor's current insurance
documentation to the Association, upon request.
DECORATIVE ITEMS
Detail. For clarification purposes, any reference to a Decorative Item's height shall be measured
from where the object makes contact with the dirt, mulch, paved, or other ground surface area, including
any mounting object, post, pole, or object suspending the decorative item from the ground surface area -
the entire object shall be considered a decorative item. Any and all Decorative Items, subject to the
Board's sole and exclusive judgment, cannot detract from the appearance of the Unit.
The following Decorative Items are permitted, within the locations noted below, under the
conditions noted below. If an item is not explicitly listed, or the Owner or Occupant does not intend to
display it according to the required conditions, the item is not permitted to be displayed. Items listed
under Prohibited Items are prohibited.
Limited Common Elements
Permitted Items:
Patio furniture. Only furniture or products constructed and sold for outdoor use.
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Statues
Potted Plants (Artificial Flowers Not Permitted)
Hanging baskets, wind chimes, wall plaques, bird houses, bird feeders, clocks or other items. Must be
reasonably considered as decorative and/or a small hang-able object, remaining in a reasonable and
limited quantity. These may be affixed to the balcony railing neatly, with minimal impact to the exterior
appearance.
Outdoor Grills. Must comply with Dallas City Ordinances.
Flags and Flag Poles. Prior Written Approval is required. Flags and flagpoles may be permitted if they are
placed within a fenced yard, they are no taller than the fence, and the fence blocks the view of them at eye
level.
Prohibited Items
Windsocks
Laundry poles, clotheslines, clothes hanging over any railing, unauthorized lighting.
Wreaths
Placement. Decorative and/or seasonal wreaths may be hung on the front and patio doors only.
All wreaths are to be no larger than 30" in diameter. Wreaths are prohibited on exterior walls.
Holiday Wreaths. Subject to the Holiday Decorations Rules.
Holiday Decorations
Placement. Holiday lights, holiday wreathes and decorations are permitted to be placed on
balcony railings using appropriate hardware to hang lights (e.g., plastic clips). Decorations may be affixed
to balcony railings provided the decorations do not damage any property (e.g., buildings, gutters, siding,
or other materials on the Unit's exterior).
Display. Holiday lights, wreathes and decorations may not be displayed before Thanksgiving
Day, and must be removed no later thai1 5:00 p.m. on January 7th of the following year. Holiday lights
may be installed at any time in November; however, the lights may not be turned on and lit until the day
following Thanksgiving Day.
Other Seasonal or Holiday Decorations. Permitted under the same placement and removal Rules,
and may not be displayed more than one week before or one week after the holiday.
Removal. An Owner will be asked to remove or modify any Holiday Decoration which the Board
determines, at its sole discretion, is unreasonably offensive to the community.
SATELLITE DISH OR ANTENNAE
Satellite Dishes or antennae may not be mounted on the Common Elements without Prior Written
Approval and in keeping with applicable laws and regulations.
LANDSCAPING ITEMS
Landscape Plants and Annuals (Annuals, other than species considered as flowers)
Prior Written Approval is required for any Landscape Improvement including, but not limited to
the following: New plantings anywhere in the ground, modification to the ground surface, grass, gardens,
landscape edging, landscape lighting, adding or removing landscape beds. Watering, fertilizing, trimming
P a ge 6 | 9
or alteration of existing plant material on the Common Elements is not permitted, as these are aspects left
to the care of the landscaper.
Irrigation System
The Association uses a centrally-managed commercial irrigation system to water all landscaping
under the Association's Maintenance and care. Irrigation systems may not be modified or tampered with
by any Owner or Occupant without explicit Prior Written Approval from the Association's Board or as
requested by the Manager, under the authority and direction of the Board.
If any Owner or Occupant suspects there may be an irrigation issue related to either the
foundation or the watering of plants, the Owner or Occupant are required to report it promptly to the
Manager. All concerns regarding irrigation must be made in writing in order for the concern to be
inspected.
CODE OF CONDUCT
The Owners, Occupants, Guests and Visitors shall:
Not interfere with the rights and activities of other Owner's, Occupants, Guests and Visitors.
Avoid doing or permitting anything to be done that will annoy, harass, embarrass, or
inconvenience other Owners or Occupants or their Guests and Visitors, or the Association's employees
and agents.
Refrain from abusive, loud, profane, inflammatory and indecent language and acts.
Not use the Condominium for unlawful activities. Owners and Occupants shall comply with
applicable laws and regulations of the United States and of the State of Texas, and with ordinances, rules,
and regulations of the City of Lewisville. An Owner or Occupant who violates this provision shall hold
the Association and all other Owners and Occupants harmless from and against all fines, penalties, costs,
and prosecutions relating to such violation or noncompliance.
Not be permitted to smoke within and around the Common Elements.
Exercise reasonable care to avoid making or permitting to be made loud, disturbing, or
objectionable noises or noxious odors that are likely to disturb Owners or Occupants of other Units.
Not interfere with the management and operation of the Association or the Condominium.
Not conduct business activities within the garage spaces of the Units.
Except for handicap assistance or service animals, not permit animals to be in or around
the Common Elements.
WINDOWS AND WINDOW COVERINGS
Colors. All interior window coverings, whether draperies, blinds (vertical or horizontal) or
valances must be white, off-white, light beige or light gray on the exterior side.
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Maintenance. Window treatments must be maintained in good condition, and must be removed or
replaced if they become stained, torn, damaged, or otherwise unsightly, as determined by the Board of
Directors.
ANIMALS
Subject to Rules. With the exception of fish, no more than three (3) Permitted Pets may be kept at
any one Unit and only two (2) of the Permitted Pets may be dogs.
However, if an Owner has more than two dogs when s/he moves into the Condominium; and,
such pets comply with the requirements of the Dedicatory Instruments, up to three (3) dogs may be kept
by the Owner; however, should any one (1) of the three (3) dogs permitted in Section (a) become
deceased, or become adopted or owned by another person, the Owner may not replace the additional dog
granted under this variance.
Types of Permitted Pets. No animals, livestock, fowl or poultry of any kind shall be raised, bred
or kept in any Unit or in the Common Elements, except that generally recognized household pets, which
are gentle in disposition and domesticated, including dogs, cats, caged birds and aquarium fish may be
kept in Units, subject to the provisions of these Rules adopted by the Association, which may exclude any
kind of pet including dogs, cats or birds, by type or category. Permitted house pets shall also include any
specially trained animals that serve as physical aids to handicapped persons, regardless of the animal's
size or breed.
Types of Pets Not Permitted. No person may keep a dangerous animal, trained attack dog or any
other animal determined by the Association, in its sole discretion, to be a potential threat to the well-
being of people or other animals. No animal may be kept, bred or maintained for any commercial
purposes.
Indoors/Outdoors. A permitted pet must be maintained inside the Unit, and may not be kept in the
Limited Common Elements overnight. All animals shall be maintained on a leash not more than eight (8)
feet in length when outside of the Owner's Unit or Limited Common Element. All animals shall be
supervised by a responsible person at all times. No pet shall be leashed or tethered to a stationary object in
the Common Elements or Limited Common Elements.
Cleanup. Owners, or any responsible person supervising an animal, shall be responsible for the
immediate clean-up of all pet feces. The Board may, in its sole discretion, require an Owner at the
Owner's cost, to provide the DNA of a pet for the testing of a pet's feces and genetic make-up.
Disturbance. Animals must be kept in a maimer that does not disturb any other Owner's peaceful
enjoyment of such Owner's residence. No pet may be permitted to bark, howl, whine, screech or make
other loud noises for extended or repeated periods of time, or to create a nuisance, or unreasonable
disturbance.
Damage. The Owner of a pet is responsible for any property damage, injury, or disturbance
his/her pet may cause or inflict. An Owner or Occupant who keeps a pet in the Condominium shall be
deemed to indemnify and agree to hold harmless the Board of Directors, the Association, and other
Owners and Occupants, from any loss, claim, or liability of any kind or character whatever resulting from
any action of his/her pet arising by reason of keeping or maintaining such pet in the Condominium.
Removal. If an Owner or Occupant does not comply with these Rules and the pet causes or
creates a nuisance, odor, unreasonable disturbance, or noise, the Board of Directors may notify the Owner
P a g e 8|9
or Occupant and provide a reasonable period of time to remedy the problem. If the problem is not
corrected within the time specified in the notice, the Owner or Occupant, upon written notice from the
Board of Directors, shall be required to permanently remove the pet from the Condominium.
PARKING/VEHICLES
Prohibited Vehicles. No boats, golf carts, trailers, motor homes, mobile homes, trucks (larger
than a one-ton pickup), 18-wheel trucks, or travel trailers may be parked outside of a garage.
Recreational and Large Vehicles. Other vehicles used for recreation (van conversions/RVs) will
be permitted to park in the Common Elements for forty-eight (48) hours to allow for loading and
unloading. Such vehicles must not exceed twenty (20) feet in length and must not block normal access of
other residents. Commercial moving vans, when conducting contract business, and commercial trucks
when in the area to perform service or repair work are an authorized exception.
Resident and Guest Parking. Residents shall park their vehicles in their garage. Guests and
Visitors must park either in the garage of the Unit that they are visiting or in the Unit's driveway.
Vehicles parked in the driveway for more than forty-eight (48) consecutive hours are subject to being
towed at the vehicle owner's expense.
Nuisances. No vehicle shall be parked in any manner which blocks any street or driveway, or the
ingress/egress to any parking space other than the Owner's. Each vehicle shall be muffled and shall be
maintained and operated to minimize noise, odor, and oil emissions.
Safe Driving. The speed limit within the community is 14 mph. Reckless operation, excessive
speed, and parking or driving on the Common Element landscaped areas is prohibited.
Inoperable and Unidentified Vehicles. Inoperable vehicles (with flat tires, expired license tags,
etc.), or vehicles which cannot be identified as belonging to a resident, which are parked in any Common
or Limited Common Elements for more than forty-eight (48) consecutive hours may be towed off the
premises at the vehicle Owner's expense. No repair work is permitted on vehicles in the Common or
Limited Common Elements except for short-term emergency work (flat tire, battery charge, etc.).
Vehicle Compliance. A vehicle parked within the Condominium and not in compliance of these
Rules may be stickered, wheel-locked (booted), and towed or otherwise removed from the Condominium
by the Board of Directors, at the expense of the owner of the vehicle. The Association shall not be liable
for damage to a vehicle for which the Association exercises a remedy per this paragraph.
Additional Enforcement. At the Owner's cost, the Association has the right to cause an
unauthorized or unattended vehicle to be towed (and removed to a vehicle storage facility) or booted, in
either case, if it is:
parked within a "no parking" area or in a fire lane or otherwise in violation of the parking laws,
codes, rules and regulations of the City of Dallas, Texas (the "City");
within 15 feet of a fire hydrant.
UTILITIES
Responsibility. Owners and Occupants are responsible for maintenance and payment of the gas,
electric, cable television, water, sewer and telephone, used with respect to their respective Unit, for
P a ge 9 |9
calling to initiate service on or before the date of possession and for calling to terminate service on the
date of move-out.
CONDOMINIUM SALES
Any Owner who intends to sell his/her Unit is responsible for:
Making sure the Owner notifies the Declarant of the Owner's intent to sell the Owner's
Unit so that Declarant can exercise its right of first refusal.
Making certain the Association management company is aware of ownership changes at
the time a closing date is established.
Making certain all condominium assessments are current.
Making certain new Owners receive all the Dedicatory Instruments.
LEASES OF CONDOMINIUM UNITS
Leasing of Units is governed by the Declarations.
MISCELLANEOUS
Non-Liability for Security. THE ASSOCIATION, ITS DIRECTORS, COMMITTEES,
MEMBERS, AGENTS, AND EMPLOYEES, SHALL NOT IN ANY WAY BE CONSIDERED AN
INSURER OR GUARANTOR OF SECURITY WITHIN THE CONDOMINIUM, AND SHALL NOT
BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE TO PROVIDE
ADEQUATE SECURITY OR INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN.
EACH OWNER, OCCUPANT, GUEST, AND INVITEE ON THE CONDOMINIUM ASSUMES ALL
RISK FOR LOSS OR DAMAGE TO HIS OR HER PERSON, TO HIS OR HER UNIT, TO THE
CONTENTS OF HIS OR HER UNIT, AND TO ANY OTHER OF HIS OR HER PROPERTY ON THE
CONDOMINIUM. THE ASSOCIATION EXPRESSLY DISCLAIMS AND DISAVOWS ANY AND
ALL REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE,
RELATIVE TO ANY SECURITY SYSTEMS, EQUIPMENT OR MEASURES RECOMMENDED,
INSTALLED OR UNDERTAKEN WITHIN THE CONDOMINIUM.
Amendments
These Rules may be subject to change from time to time at the discretion, and by a majority vote of the
Board.
Adopted by the Association on the ___ day of __________________, 2021.
EXHIBITS E
EXHIBIT "E"
CONDOMINIUM BYLAWS
BYLAWS
OF
SOUTH COPPELL LIVE WORK, INC.
SOUTH COPPELL LIVE WORK
BYLAWS
of SOUTH COPPELL LIVE WORK, INC.
TABLE OF CONTENTS
I. NAME, DEFINITIONS AND MEMBERSHIP ............................................................................................... 1
SECTION 1. NAME ......................................................................................................................................................... 1
SECTION 2. DEFlNITIONS/GENDER .............................................................................................................................. 1
SEC110N 3. MEMBERSHIP ............................................................................................................................................. 1
II.ASSOCIATION: MEETINGS, QUORUM, VOTING, AND PROXIES ........................................................ 1
SECTION 1. PLACE Of MEETINGS ................................................................................................................................. 2
SECT10N 2. ANNUAL MEETINGS .................................................................................................................................. 2
SECTION 3. SPECIAL MEETINGS .................................................................................................................................... 2
SECTION 4. NOTICE OF MEETINGS ............................................................................................................................... 2
SECTION 5. WAIVER OF NOTICE ................................................................................................................................... 2
SECTION 6. ADJOURNMENT Of MEETINGS .................................................................................................................. 3
SECTION 7. VOTING ...................................................................................................................................................... 3
SECTION 8. PROXIES ...................................................................................................................................................... 3
SECTION 9. MAJORITY OF MEMBERS ............................................................................................................................ 3
SECTION 10. QUORUM .................................................................................................................................................. 4
SECTION 11. CONDUCT OF MEETINGS ......................................................................................................................... 4
Ill. BOARD OF DIRECTORS: NUMBER, POWERS, AND MEETINGS .......................................................... 4
SECTION 1. GOVERNING BODY: COMPOSmON ........................................................................................................... 4
SECITON 2. DIRECTORS QUALIFlCATIONS .................................................................................................................... 4
SECTION 3. NUMBER OF DIRECTORS ............................................................................................................................ 4
SECfION 4. CANDIDATES FOR ELECTION TO THE BOARD ............................................................................................ 4
SECrION5. ELECTION AND1ERM OF0FFICE .............................................................................................................. 5
SECrION 6. REMOVAL OF DIRECTORS .......................................................................................................................... 5
SECT ION 7. REGULARMEETING ................................................................................................................................... s
SECTION 8. SPECIAL MEETING ..................................................................................................................................... 6
SECTION 9. WAIVER OF NOT!CE ................................................................................................................................... 6
SECTION 10. QUORUM OF BOARD OF DIRECTORS ....................................................................................................... 6
SECTION 11. COMPENSATION ...................................................................................................................................... 7
SECT ION 12. CONDUCT OF MEETINGS ......................................................................................................................... 7
SECTION 13. OPEN MEETINGS ...................................................................................................................................... 7
SECTION 14. EXECUllVE SESSION ................................................................................................................................. 7
SECTION 15. ACTION WITHOUT A FORMAL MEETfNG ................................................................................................ 7
SECJ"ION 16. POWERS .................................................................................................................................................... 7
IV.OFFICERS ................................................................................................................................................... 9
SECTION 1. OFFICERS .................................................................................................................................................... 9
SECITON 2. ELECTION TERM OF OFFICE AND V ACANC!ES .......................................................................................... 9
SECTION 3. REMOVAL ................................................................................................................................................... 9
SECT10N 4. POWERS AND DUTIES ................................................................................................................................ 9
TABLE OF CONTENTS
S ECTION 5. R ESIG NATION ............................................................................................................................................ 9
S ECTION 6. AGREE MENTS, CONTRACTS, DEEDS, L EASES, E TC .................................................................................... 9
SECTION 7. COMPENSATION ........................................................................................................................................ 9
V. COMMITTEES .............................................................................................................................................. 10
VI. MISCELLANEOUS ................................................................................................................................... 10
S ECTION l. FISCAL Y EA R. ........................................................................................................................................... 10
S ECTION 2 . CONFLICTS ............................................................................................................................................... 10
S ECTION 3 . BOOKS AND R ECORDS ............................................................................................................................. 10
S ECTION 4. AUDIT ...................................................................................................................................................... 10
S ECTION 5. INDEMNIFIC ATI ON .................................................................................................................................. 10
S ECTI ON 6. AMENDMENT ...................................................................................................................... , .................... 11
TABLE OF CONTENTS
BYLAWS
OF
SOUTH COPPELL LIVE WORK, INC.
WHEREAS, pursuant to the authority contained in the Certificate of Formation of South
Coppell Live Work, Inc., the Board of Directors (the "Board") of the South Coppell Live Work, Inc.
(the "Association") has the authority to adopt Bylaws for the South Coppell Live Work, Inc.; and
WHEREAS, reference is hereby made for all pmposes to the Condominium Declaration
for South Coppell Live Work, Inc. to be recorded in the real property records of Dallas County,
Texas (the "Declaration"), and any and all amendments and restatements thereto, and any and all
capitalized terms used herein shall have the meanings set forth in the Declaration unless otherwise
specified in these Bylaws; and
NOW THEREFORE, these Bylaws have been adopted by an affirmative vote of at least
the majority of the Board.
I. NAME, DEFINITIONS AND MEMBERSHIP
Section 1. Name.
The name of the Association is SOUTH COPPELL LIVE WORK, INC. (hereinafter referred
to as the "Association"). If at any time, the Association's corporate charter is forfeited or the
Association is not in good standing as a Texas NonProfit Corporation, it is the intention of these
Bylaws that the Association operate as an unincorporated association with all statutory and
common law protections relating to such non-profit associations as provided for w1der Texas
Business Organization Code, Chapter 252.
Section 2. Definitions/Gender.
Capitalized terms used in these Bylaws shall have the same meaning as that ascribed to
them in the Declaration of Condominium for South Coppell Live Work. Pronouns, wherever used
in these Bylaws, shall include all persons regardless of gender.
Section 3. Membership.
Initially, the Association shall have no Members. However, when the Declaration
is recorded in the Condominium Records of Dallas County, Texas, the Association shall have one
(1)class of membership. Each Owner of a Unit shall be a Member of the Association. Upon
becoming an Owner of a Unit, the Owner shall automatically become a Member of the
Association and shall continue to be a Member until such person no longer owns a Unit, at which
time membership in the Association shall automatically cease. Membership in the Association
shall be appurtenant to the ownership of a Unit.
II.ASSOCIATION: MEETINGS, QUORUM, VOTING, AND PROXIES
BYLAWS PAGE10F12
Section 1. Place of Meetings.
Meetings of the Association shall be held at the principal office of the Association or at such
other suitable place as may be designated by the Board of Directors as convenient to the Members
as possible and practical.
Section 2. Annual Meetings.
The annual meeting of the Association shall be each year, on a date and at a time designated
by the Board of Directors.
Section 3. Special Meetings.
The President of the Board of Directors may call special meetings. In addition, it shall be the
duty of the President to call a special meeting of the Association if so directed by resolution of a
majority of a quorum of the Board of Directors or upon a petition signed by Members representing
at least twenty percent (20%) of the total votes of the Association. The notice of any special meeting
shall state the date, time, and place of such meeting and the purpose thereof. No business shall be
transacted at a special meeting except as stated in the notice.
Section 4. Notice of Meetings.
It shall be the duty of the Secretary to send to each Member written notice of each annual or
special meeting of the Association stating the purpose of the meeting, as well as the time and place
where it is to be held. Such notice may be delivered personally, by mail, by facsimile, and to the
extent expressly authorized by statute, by electronic message. If a Member desires that notice be
given at an address other than the Unit, the Member shall provide the alternative address for the
purpose of receiving notice in writing to the Secretary. Notice by facsimile or electronic mail must
be sent to the facsimile number or electronic mail address provided to the Association in writing by
that Member. Notice shall be served not less than ten (10) nor more than sixty (60) days before a
meeting. If mailed, the notice of a meeting shall be deemed to be delivered when deposited in the
United States mail, first class postage pre-paid, addressed to the Member. If faxed, the notice shall
be deemed to be delivered as of the date and time shown on a written confirmation that the facsimile
was successfully transmitted. If sent by electronic message, the notice shall be deemed to be
delivered as provided by applicable statute. The Board of Directors may use any other means to
deliver a notice of a meeting that may become available with advancements in technology, provided
that notice by such means is authorized by statute.
Section 5. Waiver of Notice.
Waiver of notice of meeting of the Members shall be deemed the equivalent of proper notice.
Any Member may, in writing, waive notice of any meeting of the Members, either before or after
such meeting. Attendance at a meeting by a Member, whether in person or by proxy, shall be
deemed waiver by such Member of notice of the time, date, and place thereof, unless such Member
specifically objects to lack of proper notice at the time the meeting is called to order. Attendance at
a special meeting shall also be deemed waiver of notice of all business transacted at such meeting
unless objection to the calling or convening of the meeting is raised before the business ( of which
proper notice was not given) is put to a vote.
BYLAWS PAGE20F12
Section 6. Adjournment of Meetings.
If any meeting of the Association cam1ot be held because a quorum is not present, either in
person or by proxy, the presiding officer may adjourn the meeting and reconvene at a time not less
than five (5) days and not more than thirty (30) days from the time the original meeting was called.
If a time and place for reconvening the meeting is not fixed by those in attendance at such an
adjourned meeting, or if for any reason a new date is fixed for reconvening the meeting after
adjournment, notice of the time and place for reconvening the meeting shall be given to Members
in the manner prescribed herein for a first called meeting. At such r econvened meeting, whether or
not a quorum is present, any business which might have been transacted at the meeting originally
called may be transacted without further notice provided that (a) at least twenty percent (20%) of
the total votes of the Members as of the date of the meeting is present in person and/ or by proxy;
and, (ii) any action taken shall be approved by at least a majority of all of the Members present, in
person and/ or by proxy, at such reconvened meeting.
Section 7. Voting.
All Members shall be entitled to one (1) vote for each Unit in which they hold an ownership
interest of record, weighted in accordance with the Allocated Interest in the Common Elements
appurtenant to the Unit, on all issues to be voted upon by the Members. When more than one (1)
person holds an ownership interest in a Unit, tl1e vote for such Unit shall be exercised as those
Owners determine, but in no event shall more than one (1) vote be cast for each Unit. Such Owners
shall appoint one of them as the Member who shall be entitled to exercise the vote for such Unit at
any meeting of the Members. Such designation shall be made in writing to the Board of Directors
and shall be revocable at any time by written notice to tl1e Board. In the event that more than one
(1) person holds an ownership interest in a Unit and no single Member is designated to vote on
behalf of the Members having ownership interests in the Unit, then the first Member exercising the
vote for such Unit shall be deemed to be designated to vote on behalf of all Members having
ownership interests in the Unit. All Members shall have the right to vote in the election of Directors
and on any matter concerning the rights or responsibilities of Members, unless a Member's voting
rights have been suspended due to the failure to pay assessments. Members may vote in person,
by proxy or by any metl1od authorized by the Board, including but not limited to by mail, by
facsimile transmission, by electronic message, or by a combination of those methods.
Section 8. Proxies.
All proxies shall be in writing and filed with the Secretary before the appointed time of each
meeting. Every proxy shall be revocable and shall automatically cease upon (i) conveyance by the
Member of the Member's interest in a Unit; (ii) receipt of notice by the Secretary of the death or
judicially declared incompetence of a Member; (iii) receipt of written revocation; or, (iv) expiration
of eleven (11) months from the day of the proxy. In the event a Member executes more than one (1)
proxy, the proxy with the most current date shall be valid. Proxies not delivered prior to the start of
any meeting shall not be valid.
Section 9. Majority of Members.
As used in these Bylaws, the term "majority of Members" shall mean those votes, Members,
totaling more than fifty percent (50%) of the total number of votes based on Allocated Interests.
BYLAWS PAGE30F12
Section 10. Quorum.
Except as otherwise provided in these Bylaws, the presence in person or by proxy of more
than ten percent (10%) of the total votes of the Members as of the time of the meeting shall constitute
a quorum at all meetings of the Association.
Section 11. Conduct of Meetings.
The President shall preside over all meetings of the Association and the Secretary, or another
person designated by the Secretary, shall keep the minutes of the meeting and record in a minute
book all resolutions adopted at the meeting, as well as a record of all transactions occurring at the
meeting.
III. BOARD OF DIRECTORS: NUMBER, POWERS, AND MEETINGS
Section 1. Governing Body: Composition.
The affairs of the Association shall be governed by a Board of Directors. With the exception
of Declarant, not more than one (1) representative of a particular corporation or other entity that is
a Member may serve on the Board at any given time.
Section 2. Directors Qualifications.
Persons appointed by Declarant to serve on the Board of Directors are not required to be
Members. All persons elected or appointed to serve on the Board of Directors after the end of the
Declarant Control Period must be Members of the Association.
Section 3. Number of Directors.
During the Declarant Control Period, the Association shall be governed by a Board of
Directors consisting of three (3) persons. Upon the expiration of the Declarant Control Period, the
number of positions on the Board of Directors may be increased to a maximum of five (5) or
subsequently decreased upon a majority vote of the Directors then holding office at a meeting of
the Directors duly called and held. Provided that, the number of positions on the Board of Directors
shall never be less than three (3) and no reduction in the number of positions on the Board of
Directors shall shorten the term of any incumbent Director.
Not later than the 120 th day after conveyance of fifty percent (50%) of the Units that may be
created to Unit Owners other than Declarant, not less than one member of the Board must be elected
by Unit Owners other than Declarant. The term of such Director shall expire as of the meeting of
the Members held after seventy-five percent (75%) of the Units that may be created is held. Not
later than the 12ou1 day after conveyance of seventy-five percent (75%) of the Units that may be
created, all positions on the Board shall be filled by election by the Members.
Section 4. Candidates for Election to the Board.
After the Declarant Control Period expires, all Members have the right to run for a position
on the Board of Directors. Nominations for election to the Board shall be made by a Nominating
Committee approved by the Board or from the floor at tl1e aru1Ual meeting; provided that, a person
BYLAWS PAGE40F12
nominated for election to the Board from the floor at the annual meeting must be present, consent
to the nomination, and agree to serve if elected.
Section 5. Election and Term of Office.
Not later than the 120th day after conveyance of seventy-five percent (75%) of the Units that
may be created, a meeting of the Members shall be held to elect Directors. For the first Director
election, the Director receiving the highest number of votes shall be elected for a term of three (3)
years, the Director receiving the second highest number of votes shall be elected for a term of two
(2) years, and the Director receiving the lowest number of votes shall be elected for a term of one (1)
year. With respect to all positions on the Board of Directors to be filled by the vote of the Members,
the candidates receiving the highest number of votes shall be elected to fill such positions. At each
annual meeting thereafter, Members shall elect persons to fill the number of positions on the Board
whose terms expire as of the annual meeting, each to serve a term of three (3) years. If the number
of positions on the Board is increased, the initial terms of the new positions shall be such that the
staggering of the terms of the Directors is preserved. The above notwithstanding, Directors shall
continue to serve until a successor Director is elected or appointed, as applicable.
Section 6. Removal of Directors.
With the exception of a Director appointed by Declarant, any Director elected by the
Members or appointed to serve on the Board may be removed from the Board, with or without
cause, by the affirmative vote of a majority of the Members. The vote to remove a Director must be
taken at a special meeting called for that purpose or at an annual meeting. In the event of the
removal of a Director, a successor for the removed Director shall be elected by a majority vote of
those Members voting at the meeting at which the Director was removed. A Director whose
removal is proposed shall be given at least ten (10) days written notice of the call of the meeting.and
the purpose of the meeting; the Director whose removal is proposed shall be given the opportunity
to be heard at the meeting. Notwithstanding the foregoing, with the exception of Directors
appointed by Declarant, any Director may be removed by a vote of a majority of the remaining
Directors as the result of the Director's failure, without just cause, to attend three (3) consecutive,
regularly scheduled meetings of the Board of Directors. "Just cause" means any event that, in the
reasonable, good faith judgment of the Board, prevents a Director from attending a meeting and
includes, without limitation, death or serious injury to a member of the Director's family or other
person with whom the Director has a long-term relationship, a mental or physical ailment or
impairment that prevents the Director from attending a meeting, and any mandatory business
engagement related to the Director's livelihood and/ or employment. Vacancies on the Board
caused by reasons other than removal by a vote the Member shall be filled by the remaining
Directors. A Director elected or appointed to fill a vacancy on the Board shall serve the unexpired
term of his predecessor.
Section 7. Regular Meeting.
Regular meetings of the Board of Directors may be held at such time, date, and place as shall
be determined from time to time by a majority of the Directors. The Board of Directors may
participate in and hold a regular or special meeting by means of:
(a)
BYLAWS
conference telephone or similar communication equipment by which all persons
participating in the meeting can hear each other; or
PAGE50F12
(b) another suitable electronic communic<1 tions system, including video conferencing
technology or the Internet, only if:
i. each Director entitled to participate in the meeting consents to the
meeting being held by means of that system; and
ii. the system provides access to the meeting in a manner or using a method
by which each Director participating in the meeting can communicate
concurrently with each other participant.
Participation in a meeting by conference telephone or similar communication or
video conferencing technology or the Internet shall constitute presence in person at
such meeting except where a Director participates in the meeting for the express
purpose of objecting to the transaction of any business on the grounds that the
meeting is not lawfully called or convened.
Section 8. Special Meeting.
Special meetings of the Board of Directors shall be held when called by the President of the
Association or any two (2) Directors. The notice shall specify the date, time, and place of the meeting
and the nature of any special business to be considered. The notice shall be given to each Director
by anyone of the following methods: (a) by personal delivery; (b) written notice by first class mail,
postage prepaid; (c) by facsimile, or (d) if authorized by statute, by electronic mail. All such notices
shall be given or sent to the Director's address, electronic mail address, or facsimile number as
shown on tl1e records of the Association. Notices sent by first class mail shall be deposited into a
United St ates mailbox, at least four (4) days before the time set for the meeting. Notices given by
personal delivery, electronic mail, or facsimile shall be delivered or given at least four (4) days
before the time set for the meeting.
Section 9. Waiver of Notice.
The transactions of any meeting of the Board of Directors, however called and noticed or
wherever held, shall be as valid as though taken at a meeting duly held after regular call and notice,
if (a) a quorum is present, and (b) either before or after the meeting, each of the Directors not present
signs a written waiver of notice, a consent to holding the meeting, or an approval of the minutes.
The waiver of notice or consent need not specify the purpose of the meeting. Notice of a meeting
shall also be deemed given to any Director who attends the meeting without protesting before or at
its commencement about tl1e lack of adequate notice thereof.
Section 10. Quorum of Board of Directors.
At all meetings of the Board of Directors, a majority of the current number of Directors shall
constitute a quorum for the transaction of business, and, except as otherwise provided in these
Bylaws, the vote of a majority of the Directors present at a meeting at which a quorum is present
shall constitute the decision of the Board of Directors. A meeting at which a quorum is initially
present may continue and business may be transacted, notwithstanding the withdrawal of Directors
during the meeting, if any action taken is approved by at least a majority of the required quorum
for that meeting.
BYLAWS PAGE60F12
Section 11. Compensation.
No Director shall receive any compensation from the Association for acting in such capacity.
However, Directors may be reimbursed for out-of-pocket expenses incurred on Association
business. Directors may receive compensation from the Association when taking action at the
request of the Association other than in the capacity of Director.
Section 12. Conduct of Meetings.
A chairperson shall preside over all meetings of the Board of Directors and the Secretary
shall keep a minute book of the Board of Directors, recording therein all resolutions adopted by the
Board of Directors and a record of all transactions and proceedings occurring at such meetings.
Section 13. Open Meetings.
All meetings of the Board of Directors shall be open to all Members, but Members other than
Directors may not participate in any discussion or deliberation unless expressly so authorized by
the presiding officer at the meeting. Provided that, if a Member unreasonably disrupts a meeting of
the Board of Directors or repeatedly interrupts the discussion between Directors, the Board of
Directors shall have the authority, after an initial warning, to cause that Member to be removed
from the meeting.
Section 14. Executive Session.
The Board of Directors may adjourn a regular or special meeting and reconvene in a closed
executive session to consider actions involving personnel, pending or threatened litigation, contract
negotiations, enforcement actions, confidential communications with the Association's attorney,
matters involving the invasion of privacy of individual Members, and matters that are to remain
confidential by request of the affected parties and agreement of the Board.
Section 15. Action Without a Formal Meeting.
Any action may be taken without a meeting if a written consent, stating the action to be
taken, is signed by the number of Directors necessary to take that action at a meeting at which all of
the Directors are present and voting. The consent must state the date of each Director's signature.
Such action shall be documented in the minutes of the next regular or special Board meeting.
Section 16. Powers.
The Board of Directors shall be responsible for the affairs of the Association and shall have
all of the powers and duties necessary for the administration of the Association's affairs and, as
provided by law, may do all acts and things as are not by the Declaration, the Association's
Certificate of Formation of the Association, or these Bylaws directed to be done and exercised
exclusively by the Members.
In addition to the duties imposed by these Bylaws or by any resolution of the Association
that may hereafter be adopted, the Board of Directors shall have the power to, and shall be
responsible for, the following (by way of explanation, but not limitation):
(a) Preparing and adopting an annual budget.
BYLAWS PAGE70F12
(b) Levying assessments to defray the common expenses.
(c) Providing for the operation, care, upkeep, and maintenance of all of the Common
Elements.
(d) Designating, hiring, and dismissing the personnel necessary for the maintenance,
operation, repair, and replacement of the Association, its property, and the Common
Elements and, where appropriate, providing for the compensation of such personnel and for
the purchase of equipment, supplies, and material to be used by such personnel in the
performance of their duties .
(e) Collecting the assessments, depositing the proceeds thereof in a bank depository, which
it shall approve, and using the proceeds to administer the Association.
(f) Making and amending Rules and Regulations for the Association.
(g) Opening bank accounts on behalf of the Association and designating the signatories
required.
(h) Making, or contracting for the making of, repairs, additions, and improvements to, or
alterations of the Common Elements after damage or destruction by fire or other casualty.
(i) Enforcing, by legal means, the provisions of the Declaration, these Bylaws, and the Rules
and Regulations adopted by it, and bringing any proceedings, which may be instituted on
behalf of or against the Members concerning the Association.
U) Obtaining and carrying insurance against casualties and liabilities, including directors'
and officers ' liability insurance, and paying the premium cost thereof.
(k) Paying the cost of all services rendered to the Association or its Members and not directly
chargeable to Members .
(1) Keeping books with detailed accounts of the receipts and expenditures affecting the
Association and its administration, specifying the maintenance and repair expenses and any
other expenses incurred. All books and records shall be kept in accordance with generally
accepted accounting practices, and shall be available as required by Texas law.
(m) Providing, upon request, information to Members, mortgagees and prospective
purchasers of Units concerning, by way of example and not in limitation, the status of the
Association, the status of payment of assessments and related charges on a Unit and the
status of compliance with tl1e provisions of tl1e Declaration, and charging a reasonable fee
sufficient to cover the expense associated with providing such information.
(n) Charging a reasonable fee sufficient to cover tl1e expense associated with changing the
records of the Association upon the transfer of title to a Unit.
(o) Adopting policies and procedures deemed necessary and appropriate for the
administration of tl1e Association and the conduct of the Directors and officers of the
Association, the employees of the Association, if any, and persons serving on behalf of the
Association in volunteer capacities.
BYLAWS PAGES OF12
IV. OFFICERS
Section 1. Officers.
The officers of the Association shall be the President, a Secretary, and a Treasurer. The
officers shall be Directors. The Board of Directors may select, appoint and/ or remove such other
officers, as it shall deem appropriate, such officers to have the authority and to perform the duties
prescribed from time to time by the Board of Directors. Any two or more officers, other than the
offices of President and Secretary, may be held by the same person.
Section 2. Election Term of Office and Vacancies.
The officers of the Association shall be elected annually from within and by the Board of
Directors (except for the initial Officers appointed after incorporation of the Association) at the first
meeting of the Board of Directors held after the annual meeting of the Members. A vacancy in any
office arising because of death, resignation, removal, or otherwise may be filled by the Board of
Directors for the unexpired portion of the term.
Section 3. Removal.
Any officer may be removed by a majority vote of the Board of Directors, at a duly called
meeting of the Board, at which a quorum is present, whenever in its judgment the best interests of
the Association will be served thereby.
Section 4. Powers and Duties.
The officers of the Association shall each have such powers and duties as generally pertain
to their respective offices, as well as such powers and duties as may from time to time be specifically
conferred or imposed by the Board of Directors. The Chief Executive Officer of the Association shall
be the President. The Treasurer shall have primary responsibility for the preparation of the budget,
as provided for in the Declaration, and, with the approval of the Board of Directors, may delegate
all or part of the preparation and notification duties to a finance committee, or a management agent.
Section 5. Resignation.
Any officer may resign at any time by giving written notice to the Board of Directors, the
President, or the Secretary. Such resignation shall take effect on the date of the receipt of such notice
or at any later time specified therein, and unless otherwise specified therein, the acceptance of such
resignation shall not be necessary to make it effective .
Section 6. Agreements, Contracts, Deeds, Leases, Etc.
All agreements, contracts, deeds, leases, and other instruments of the Association shall be
executed by at least one (1) officer or by such other person or persons as may be designated by
resolution of the Board of Directors.
Section 7. Compensation.
No officer shall receive any compensation from the Association for acting in such capacity.
BYLAWS PAGE90F12
V. COMMITTEES
Committees are hereby authorized to perform such tasks and to serve for such periods as
may be designated by a resolution adopted by a majority of the Directors present at a meeting at
which a quorum is present. Such committees shall perform such duties and have such powers as
may be provided in the resolution creating same. Each committee shall be composed and shall
operate in accordance with the terms of the resolution of the Board of Directors designating the
committee or with rules adopted by the Board of Directors.
VI. MISCELLANEOUS
Section 1. Fiscal Year.
The fiscal year of the Association shall be set by resolution of the Board of Directors.
Section 2. Conflicts.
If there are conflicts or inconsistencies among the provisions of Texas law, the Declaration,
the Certificate of Formation, these Bylaws, and/ or any Rules and Regulations of the Association,
the provisions of Texas law, the Declaration, the Certificate of Formation, the Bylaws, and the Rules
and Regulations of the Association (in that order) shall prevail.
Section 3. Books and Records.
The Association shall keep correct and complete books and records of account and shall also
keep minutes of the proceedings of its Members, Board of Directors, and committees having any of the
authority of the Board of Directors, and shall keep at the registered or principal office a record giving
the names and addresses of the Members entitled to vote. All books and records of the Association
may be inspected by and at the expense of any Member, or his agent or attorney, at a reasonable time
upon the submission of a written request stating a proper purpose of tl1e request. Only the books and
records relevant to tl1e stated purpose of the request need be made available for inspection.
Section 4. Audit.
An audit of the accounts of the Association shall be performed annually by a qualified,
independent certified public accountant. Each annual audit shall be in accordance with generally
accepted auditing standards to obtain reasonable assurance that the Association's financial
statements are free of material misstatements, to assess accounting principles used, and to evaluate
the overall financial statement presentation. A more comprehensive audit may be performed in any
given year as deemed necessary or appropriate by the Board.
Section 5. Indemnification.
THE ASSOCIATION SHALL INDEMNIFY A DIRECTOR, OFFICER OR
COMMITTEE MEMBER WHO WAS, IS OR IS THREATENED TO BE NAMED AS A
DEFENDANT OR RESPONDENT IN A PROCEEDING TO THE EXTENT
INDEMNIFICATION IS CONSISTENT WITH THE TEXAS BUSINESS
ORGANIZATIONS CODE, AS IT NOW EXISTS OR MAY HEREAFTER BE
AMENDED.
BYLAWS PAGE100F12
Section 6. Amendment.
So long as the Association has no Members, these Bylaws may be amended by a majority
vote of the Board of Directors at a meeting duly called and held pursuant to Section 82.102(a)(l) of
the Texas Property Code. Further, until such time that fifty percent (50%) of the Units that may be
created have been conveyed by Declarant, these Bylaws may be amended only by a majority vote
of the Board of Directors at a meeting duly called and held. When fifty percent (50%) of the Units
have been sold and conveyed by Declarant, these Bylaws may be amended by the affirmative vote
of a majority of the Members present, in person or by proxy, and voting at a meeting of the Members
at which a quorum is present, or by a majority vote of the Board of Directors at a meeting duly called
and held. Notice of a proposed Bylaws amendment must be included in the notice of meeting.
However, the percentage of voting power necessary to amend a specific provision shall not be less
than the prescribed percentage of affirmative votes required for action to be taken under that
provision.
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BYLAWS PAGEllOF12
CERTIFICATE OF SECRETARY
of
SOUTH COPPELL LIVE WORK, INC.
STATE OF TEXAS §
§ COUNTY OF DALLAS §
I, the undersigned, do hereby certify:
That I am the Secretary of South Coppell Live Work, Inc., a Texas nonprofit corporation;
That the foregoing Bylaws constitute the Bylaws of said Association, as duly adopted at a
meeting of the Board of Directors where a quornm was present held on the __ day
of--� 2021.
IN WITNESS WHEREOF, I have hereunto subscribed my name on this the __ day
of 2021.
ST A TE OF TEXAS §
§
COUNTY OF DALLAS §
SOUTH COPPELL LIVE WORK, INC.
By : ______________ _ Printed Name:------------
Its: Secretary
BEFORE ME, on this day personally appeared the Secretary of South Coppell Live Work,
Inc. known by me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that s/he executed the same for the purposes herein expressed, in the
capacity herein stated, and as the act and deed of said corporation.
Given under my hand and seal of office, this day of 2021.
Notary Public -State of Texas
BYLAWS PAGE120F12
EXHIBITS F
EXHIBIT "F"
CERTIFICATE OF FORMATION