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Res 16-37 Approving the Declaration of Covenants, Conditions, Deed Restrictions, and Design Guidelines for Quail Hollow
TOWN OF WESTLAKE RESOLUTION 16-37 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICIONS DEED RESTRICTIONS AND DESIGN GUIDELINES FOR QUAIL HOLLOW, A RESIDENTIAL DEVELOPMENT LOCATED IN R-1 ZONING DISTRICT, ON AN APPROXIMATELY 188 ACRE TRACT LOCATED AT THE SOUTHEAST CORNER OF FM 1938/DAVIS BOULEVARD AND DOVE ROAD. WHEREAS, the Town of Westlake is experiencing planned growth through the attraction of economic development projects such as Fidelity Investments and Deloitte University, residential developments such as Vaquero, Glenwyck Farms, Terra Bella, and Granada which are consistent with the Town's Comprehensive Plan; and WHEREAS, the Town of Westlake (Town) and Quail Hollow II LLC, (the Developer) desire to foster a cooperative partnership to continue this planned growth through standards that ensure high quality development within the Town in the development known as Quail Hollow; and WHEREAS, the preliminary plat for Quail Hollow was approved by on March 28, 2016; and WHEREAS, The Quail Hollow Specific Use Permit was approved by Ordinance 780 on March 28, 2016 with a condition that the Town shall approve the deed restrictions and guidelines for the entire Quail Hollow residential development prior to the approval of the Quail Hollow Phase 1 Final Plat; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW,THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,TEXAS: SECTION 1: THAT, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Resolution 16-37 Page 1 of 2 SECTION 2: THAT, the Town Council of the Town of Westlake, Texas, hereby approves the Quail Hollow Declaration of Covenants, Conditions and Restrictions attached hereto as Exhibit "A". and the Quail Hollow Design Guidelines attached hereto as Exhibit "B» SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 14TH DAY OF NOVEMBER, 2016. LauraWheat,heat, Mayor ATTEST: Kelly}Ed s, Town SecretaryThomas-ff 13rym ow Manager APPROV n 1ST RM: F WE-87- St owry orney rE-0� Resolution 16-37 Page 2 of 2 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR QUAIL HOLLOW Riddle & Williams, P.C. 3710 Rawlins Street, Suite 1400 Dallas, Texas 75219 © ALL RIGHTS RESERVED Resolution 16-37 Table of Contents Page ARTICLE I DEFINITIONS .......................................................................................................................... 1 Section 1.1 "ARB" ...................................................................................................... 1 Section 1.2 "Assessment"............................................................................................ 1 Section 1.3 "Association" ................................................................................................... 2 Section 1.4 "Base Assessment" ................................................................................... 2 Section 1.5 "Board of Directors" or "Board" ............................................................... 2 Section 1.6 "Builder" .................................................................................................. 2 Section 1.7 "Bylaws" .................................................................................................. 2 Section 1.8 "Certificate of Formation" or "Certificate" ................................................ 2 Section 1.9 "Certificate of Occupancy" ....................................................................... 2 Section 1.10 "Class 'B' Control Period" ......................................................................... 2 Section 1.11 "Common Area" ....................................................................................... 2 Section 1.12 "Common Expenses" ................................................................................ 3 Section 1.13 "Community-Wide Standard" ................................................................... 3 Section 1.14 "Declarant" ............................................................................................... 4 Section 1.15 "Declaration" ............................................................................................ 4 Section 1.16 "Development" ......................................................................................... 4 Section 1.17 "Development Period" .............................................................................. 4 Section 1.18 "Development Period Rights" ................................................................... 4 Section 1.19 "Development Plan" ................................................................................. 4 Section 1.20 "Eligible Mortgage Holder" ...................................................................... 4 Section 1.21 "First Mortgage" ....................................................................................... 5 Section 1.22 "First Mortgagee" ..................................................................................... 5 Section 1.23 "General Architectural Provisions" ........................................................... 5 Section 1.24 "Governing Documents" ........................................................................... 5 Section 1.25 "Lot" ........................................................................................................ 5 Section 1.26 "Member" ................................................................................................. 5 Section 1.27 "Mortgage" ............................................................................................... 5 Section 1.28 "Owner ..................................................................................................... 5 Section 1.29 "Person" ................................................................................................... 6 Section 1.30 "Plat" ........................................................................................................ 6 Section 1.31 "Property" ................................................................................................ 6 Section 1.32 "Resident" ................................................................................................ 6 Section 1.33 "Residence" .............................................................................................. 6 Section 1.34 "Rules and Regulations" or "Rules" .......................................................... 6 Section 1.35 "Special Assessment" ............................................................................... 6 Section 1.36 "Specific Assessment" .............................................................................. 6 Section 1.37 "Supplemental Declaration" ...................................................................... 6 Section 1.38 "Town" ..................................................................................................... 6 i ARTICLE II PROPERTY RIGHTS .............................................................................................................. 6 Section 2.1 Common Area .......................................................................................... 6 Section 2.2 Delegation of Use ..................................................................................... 7 ARTICLE III MEMBERSHIP AND VOTING RIGHTS ............................................................................... 7 Section 3.1 Membership ............................................................................................. 7 Section 3.2 Voting ...................................................................................................... 8 Section 3.3 Merger...................................................................................................... 8 ARTICLE IV RIGHTS AND OBLIGATIONS OF THE ASSOCIATION .................................................... 9 Section 4.1 Common Area .......................................................................................... 9 Section 4.2 Personal Property and Real Property for Common Use ............................. 9 Section 4.3 Rules and Regulations .............................................................................. 9 Section 4.4 Compliance and Enforcement ................................................................... 9 Section 4.5 Implied Rights ........................................................................................ 10 Section 4.6 Governmental Interests ........................................................................... 10 Section 4.7 Indemnification ...................................................................................... 11 Section 4.8 Dedication of Common Area .................................................................. 11 Section 4.9 Security .................................................................................................. 11 Section 4.10 Use of Recreational Facilities ................................................................. 11 Section 4.11 Construction Activities ........................................................................... 12 Section 4.12 Use of Technology ................................................................................. 12 Section 4.13 Mineral Interests ..................................................................................... 13 Section 4.14 Private Streets......................................................................................... 13 ARTICLE V MAINTENANCE .................................................................................................................... 14 Section 5.1 Association Responsibility...................................................................... 14 Section 5.2 Owner Responsibility ............................................................................. 15 Section 5.3 Standard of Performance ........................................................................ 16 Section 5.4 Owner’s Default in Maintenance ............................................................ 17 Section 5.5 Party Structures ...................................................................................... 17 Section 5.6 Rights of the Town ................................................................................. 18 ARTICLE VI INSURANCE AND CASUALTY LOSSES ............................................................................ 18 Section 6.1 Association Insurance ............................................................................. 18 Section 6.2 Policy Requirements ............................................................................... 19 Section 6.3 Individual Insurance ............................................................................... 19 Section 6.4 Damage and Destruction ......................................................................... 19 Section 6.5 Disbursement of Proceeds ...................................................................... 20 Section 6.6 Repair and Reconstruction ...................................................................... 20 ii ARTICLE VII NO PARTITION ..................................................................................................................... 20 ARTICLE VIII CONDEMNATION................................................................................................................. 20 Section 8.1 Condemnation ........................................................................................ 20 Section 8.2 Disbursement ......................................................................................... 21 ARTICLE IX ASSOCIATION FINANCES .................................................................................................. 21 Section 9.1 Assessment ............................................................................................. 21 Section 9.2 Base Assessment .................................................................................... 22 Section 9.3 Special Assessments ............................................................................... 24 Section 9.4 Specific Assessments .............................................................................. 24 Section 9.5 Lien for Assessments .............................................................................. 24 Section 9.6 Date of Commencement of Assessments ................................................ 25 Section 9.7 Capitalization of the Association ............................................................ 26 Section 9.8 Exempt Property ..................................................................................... 26 ARTICLE X ARCHITECTURAL STANDARDS ....................................................................................... 26 Section 10.1 General ................................................................................................... 26 Section 10.2 Architectural Review .............................................................................. 27 Section 10.3 Guidelines and Procedures ...................................................................... 27 Section 10.4 No Waiver of Future Approvals .............................................................. 29 Section 10.5 Variances ............................................................................................... 29 Section 10.6 Limitation of Liability ............................................................................ 30 Section 10.7 Fees; Assistance ..................................................................................... 30 Section 10.8 Construction Deposit .............................................................................. 30 Section 10.9 Enforcement ........................................................................................... 31 Section 10.10 Approved Builder Group and Approved Builder .................................... 31 Section 10.11 Builder Performance ............................................................................... 33 Section 10.12 Notice of Violation ........................................................................................ 33 ARTICLE XI USE RESTRICTIONS ........................................................................................................................ 33 Section 11.1 General ................................................................................................... 33 Section 11.2 Occupants Bound ................................................................................... 33 Section 11.3 Signs ...................................................................................................... 34 Section 11.4 Parking and Prohibited Vehicles ............................................................. 34 Section 11.5 Animals and Pets .................................................................................... 35 Section 11.6 Quiet Enjoyment .................................................................................... 35 Section 11.7 Unsightly or Unkept Conditions ............................................................. 35 Section 11.8 Antennas ................................................................................................ 35 Section 11.9 Garbage Cans, Tanks, etc. ...................................................................... 36 Section 11.10 Subdivision and Time Sharing ................................................................ 36 iii Section 11.11 Firearms ................................................................................................. 36 Section 11.12 Pools ...................................................................................................... 36 Section 11.13 Irrigation ................................................................................................ 36 Section 11.14 Tents, Sheds, Mobile Homes and Structures ........................................... 37 Section 11.15 Grading, Drainage and Septic Systems ................................................... 37 Section 11.16 Removal of Plants and Trees .................................................................. 37 Section 11.17 Utility Lines ........................................................................................... 37 Section 11.18 Air-Conditioning Units; Solar Energy Devices ....................................... 37 Section 11.19 Lighting .................................................................................................. 37 Section 11.20 Exterior Sculpture and Similar Items ...................................................... 37 Section 11.21 Flags....................................................................................................... 38 Section 11.22 Religious Displays .................................................................................. 38 Section 11.23 Playground and Recreational Equipment ................................................ 38 Section 11.24 Fences .................................................................................................... 38 Section 11.25 Business Use .......................................................................................... 39 Section 11.26 Leasing of Lots ....................................................................................... 40 Section 11.27 Laws and Ordinances.............................................................................. 40 Section 11.28 Single Family Occupancy ....................................................................... 40 Section 11.29 Window Treatments ............................................................................... 40 Section 11.30 Wetlands, Lakes and Other Water Bodies ............................................... 41 Section 11.31 On-Site Fuel Storage .............................................................................. 41 ARTICLE XII MORTGAGEE PROVISIONS ........................................................................................................... 41 Section 12.1 Notices of Action.................................................................................... 41 Section 12.2 No Priority ............................................................................................. 41 Section 12.3 Notice to Association.............................................................................. 42 Section 12.4 Other Provisions for Mortgagees ............................................................ 42 Section 12.5 Amendments by Board ........................................................................... 42 Section 12.6 Failure of Mortgagee to Respond ............................................................ 42 Section 12.7 Applicability of Article XII .................................................................... 42 ARTICLE XIII EASEMENTS .......................................................................................................................... 42 Section 13.1 Easements of Encroachment ................................................................... 42 Section 13.2 Easements for Utilities, etc. .................................................................... 43 Section 13.3 Right of Entry ......................................................................................... 43 Section 13.4 Easement for Entry Features ................................................................... 43 Section 13.5 Easements for Certain Owners ................................................................ 44 Section 13.6 Construction and Sale Period Easement .................................................. 45 Section 13.7 Easement to Inspect and Right to Correct ............................................... 45 Section 13.8 Easements to Serve Additional Property ................................................. 45 Section 13.9 Easements for Lakes and Pond Maintenance and Flood Water ................ 45 Section 13.10 Assumption of Risk and Indemnification ................................................ 46 Section 13.11 Easement for Access ............................................................................... 47 iv ARTICLE XIV ANNEXATION AND WITHDRAWAL OF PROPERTY .................................................... 47 Section 14.1 Annexation Without Approval of Membership ....................................... 47 Section 14.2 Annexation With Approval of Membership ............................................ 47 Section 14.3 Withdrawal of Property .......................................................................... 48 Section 14.4 Additional Covenants and Easements ..................................................... 48 ARTICLE XV DECLARANT'S RIGHTS .................................................................................................................. 48 Section 15.1 General ............................................................................................................ 48 Section 15.2 Additional Covenants ....................................................................................... 49 Section 15.3 Assignment ...................................................................................................... 49 ARTICLE XVI ALTERNATIVE DISPUTE RESOLUTION Section 16.1 Consensus for Association Action .................................................................... 50 Section 16.2 Alternative Method for Resolving Disputes ...................................................... 50 Section 16.3 Claims ............................................................................................................. 51 Section 16.4 Mandatory Procedures ..................................................................................... 51 ARTICLE XVII GENERAL PROVISIONS .................................................................................................................. 52 Section 17.1 Term ................................................................................................................ 52 Section 17.2 Amendment ..................................................................................................... 53 Section 17.3 Severability ...................................................................................................... 53 Section 17.4 Liberal Construction ........................................................................................ 53 Section 17.5 Notice of Sale or Transfer of Title .................................................................... 53 ACKNOWLEDGMENT ..................................................................................................................... 54 EXHIBITS: EXHIBIT "A" - Property Initially Subject to Declaration EXHIBIT "B" – Bylaws of Quail Hollow Westlake Homeowners Association, Inc. EXHIBIT "C" - Certificate of Formation of Quail Hollow Westlake Homeowners Association, Inc. EXHIBIT "D" - General Architectural Provisions v DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR QUAIL HOLLOW STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR QUAIL HOLLOW (this "Declaration") is made this ____ day of June, 2016, by QUAIL HOLLOW DEVELOPMENT I, LLC, a Texas limited liability company (hereinafter referred to as "Declarant"). W I T N E S S E T H: WHEREAS, Declarant is the owner of the real property described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). Declarant intends by this Declaration to impose upon the Property mutually beneficial restrictions under a general plan of improvement for the benefit of all owners of real property within the Property. Declarant desires to provide a flexible and reasonable procedure for the overall development of the Property, and to establish a method for the administration, maintenance, preservation, use and enjoyment of such Property as is now or hereafter subjected to this Declaration. NOW, THEREFORE, the Declarant hereby declares that the real property described in Exhibit "A" to this Declaration and any additional property which is hereafter annexed in accordance with Article XIV hereof shall be held, sold, used and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of and which shall run with the real property subjected to this Declaration. This Declaration shall be binding on all parties having any right, title or interest in the described Property or any part thereof, their heirs, successors, successors-in-title, and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS The terms in this Declaration and the exhibits to this Declaration shall generally be given their ordinary, commonly accepted definitions except as otherwise specified. Capitalized terms shall be defined as set forth below. Section 1.1 "ARB" shall mean the Architectural Review Board established for the purposes described in Article X. DECLARATION - PAGE 1 (4.27.16) Section 1.2 "Assessment" shall refer to any charge levied against a Lot or Owner by the Association, pursuant to the Governing Documents or by law, including but not limited to Base Assessments, Special Assessments, Specific Assessments, Acquisition Assessments, and Resale Assessments, and any charges related to the collection thereof, including, interest, late charges, collection costs, attorney’s fees and costs, all as defined in Article IX of this Declaration. Section 1.3 "Association" shall refer to Quail Hollow Westlake Homeowners Association, Inc., a Texas non-profit corporation, its successors or assigns. Section 1.4 "Base Assessment" shall refer to assessments levied on all Lots subject to assessment under Article IX to fund Common Expenses for the general benefit of all Lots. Section 1.5 "Board of Directors" or "Board" shall be the body responsible for administration of the Association, selected as provided in the Governing Documents and generally serving the same role as the board of directors under Texas corporate law. Section 1.6 "Builder" shall mean any Person which purchases, or contracts to purchase, one or more Lots within the Property from the Declarant or from a Builder for the purpose of constructing a Residence thereon for resale to consumers or under contract to an Owner other than Declarant, or who purchases, or contracts to purchase, one or more parcels of land within the Property for further development or resale in the ordinary course of such Person's business. As used herein, Builder does not refer to Declarant or to a home builder or home marketing company that is an affiliate of Declarant. Section 1.7 "Bylaws" shall refer to the Bylaws of Quail Hollow Westlake Homeowners Association, Inc. attached hereto as Exhibit "B" and incorporated by reference, as they may be amended from time to time. Section 1.8 "Certificate of Formation" or "Certificate" shall refer to the Certificate of Formation of Quail Hollow Westlake Homeowners Association, Inc., attached hereto as Exhibit "C" and incorporated by reference, as filed with the Secretary of State of the State of Texas. Section 1.9 "Certificate of Occupancy" shall refer to a certificate or other similar document issued by the Town, or other applicable governmental authority certifying or authorizing a Residence for occupancy by a single family. Section 1.10 "Class 'B' Control Period" shall refer to the period of time during which the Class "B" Member is entitled to appoint, remove and replace a majority of the members of the Board. The Class "B" Control Period shall expire upon the first to occur of the following: (a) December 31, 2022; or (b) when, in its discretion, the Class "B" Member so determines. Section 1.11 "Common Area" shall mean all real and personal property, including easements, which the Association owns, leases or otherwise holds possessory or use rights in and DECLARATION - PAGE 2 for the common use and enjoyment of the Owners or dedicated to the Association either by separate instrument or as shown on the Plat of the Property or any portion thereof filed or approved by Declarant. The Common Area consists of the following components, and any modifications, improvements or additions thereto, on or adjacent to the Property, even if located on a Lot or public right-of-way: (i) the Property, save and except the Lots; (ii) the land described on the Plat as Common Area and all improvements on such Common Area; (iii) any area shown on the Plat as an area to be maintained by the Association; (iv) the right-of-way easements constituting the formal entrances to the Property, including any monument signage, controlled access gates, gatehouses, landscaping, irrigation, electrical and water installations, planter boxes and fencing; (v) the recreational amenities including, without limitation, the fishing dock, lakes, ponds, streams, wetlands, and water wells, including all mechanical, electrical and structural components of such features and amenities; and (v) personal property owned by the Association, such as books and records, office equipment, and supplies. One or more portions of the Common Area may from time to time be reasonably limited to private functions, and conversely, one or more portions of otherwise private property may be utilized for Association functions and activities. The Association shall at all times have and retain the right to effect minor redesigns or minor reconfigurations of the Common Area (particularly along the lake/pond edges) and to execute any open space declarations applicable to the Common Area which may be permitted in order to reduce property taxes, and to take whatever steps may be appropriate to lawfully avoid or minimize the imposition of federal and state ad valorem and/or income taxes. Section 1.12 "Common Expenses" shall mean the actual and estimated expenses incurred, or anticipated being incurred, by the Association for the general benefit of all Owners, including any reasonable reserve, as the Board may find to be necessary and appropriate pursuant to the Governing Documents. Common Expenses may include, without limitation, the following expenses: (i) maintenance, repair, and replacement, as necessary, of the Common Area; (ii) utilities billed to the Association; (iii) services billed to the Association and available to all Lots; (iv) taxes on property owned by the Association, franchise taxes, and the Association’s income taxes; (v) management, legal, accounting, auditing, and professional fees for services to the Association, including fees paid to architects, engineers or similar professionals for service on the ARB; (vi) costs of operating the Association, such as telephone, postage, office supplies, printing, meeting expenses, and educational opportunities of benefit to the Association; (vii) premiums and deductibles on insurance policies and bonds deemed by the Board to be necessary or desirable for the benefit of the Association, including fidelity bonds and directors' and officers' liability insurance; (viii) contribution to the reserve funds; and (ix) any other expense which the Association is required by law or the Governing Documents to incur, or which in the opinion of the Board is necessary or proper for the operation and maintenance of the Property, enforcement of the Governing Documents, protection of the property values of the Development, or beneficial to the Development in general. Common Expenses shall not include expenses incurred during the Development Period for initial development or other original construction costs incurred by the Declarant unless approved by Members representing a majority of the total Class "A" votes of the Association. Section 1.13 "Community-Wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing throughout the Property, or the minimum standards established pursuant to the Governing Documents, whichever is a higher standard. Such standard shall be established initially by the Declarant and may include both objective and DECLARATION - PAGE 3 subjective elements. The Community-Wide Standard may evolve and change as development progresses and as the needs and desires within the Property change. Section 1.14 "Declarant" shall refer to Quail Hollow Development I, LLC, a Texas limited liability company, and its successors-in-title and assigns, provided any such successor-in- title or assign shall acquire such interest for the purpose of development or sale of all or any portion of the remaining undeveloped or unsold portions of the Property and is designated as the "Declarant" hereunder in a recorded instrument executed by the immediately-preceding "Declarant". Upon designation of such successor Declarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease. Section 1.15 "Declaration" shall refer to this instrument, as it may be amended and supplemented from time to time. Section 1.16 "Development" shall mean and refer to the Quail Hollow development, including all of the Property, Common Area and Lots. Section 1.17 "Development Period" shall mean the period of time beginning on the date that this Declaration is recorded, and terminating on December 31, 2025 (unless the Declarant, in its sole discretion, terminates the Development Period prior to such time and declares so in a recorded instrument), during which time the Declarant may exercise its Development Period Rights. Section 1.18 "Development Period Rights" shall mean generally those rights reserved to Declarant under this Declaration during the Development Period to (i) facilitate the development, construction, and marketing of the Development; or (ii) direct the size, shape and composition of the Development. Such rights include, without limitation, the right to: (i) annex and withdraw real property to and from the Property pursuant to Article XIV; (ii) adopt and amend General Architectural Provisions for the construction and modification of improvements within the Property pursuant to Article X; (iii) appoint members to the ARB; (iv) change the scheme of the Property pursuant to Article XV; (v) approve or exclude certain Builders from building homes within the Property pursuant to Article XV; (vi) amend the Governing Documents without the consent or approval of other Owners or Mortgagees pursuant to Article XVII; and (vii) exercise the rights set forth in Article XV hereof and any other rights reserved to the Declarant during the Development Period pursuant to the Governing Documents. Section 1.19 "Development Plan" shall refer to the master concept plan for the development of the Property prepared by the Declarant, as it may be amended from time to time, which includes all of the property described in Exhibit "A" and all or a portion of the property which may be annexed as provided in Article XIV. Inclusion of property on the Development Plan shall not, under any circumstances, obligate Declarant to subject such property to this Declaration, nor shall exclusion of any property from the Development Plan bar its later annexation, as provided in Article XIV. Section 1.20 "Eligible Mortgage Holder" shall mean those holders of First Mortgages secured by Lots in the Property who have requested notice of certain items as set forth in this DECLARATION - PAGE 4 Declaration. Section 1.21 "First Mortgage" shall mean any Mortgage which is not subject to any lien or encumbrance except the taxes or other liens which are given priority by statute or agreement. Section 1.22 "First Mortgagee" shall mean the beneficiary or holder of a First Mortgage. Section 1.23 "General Architectural Provisions" shall mean and refer to those particular standards, restrictions, guidelines, recommendations and specifications applicable to most of the aspects of construction, placement, location, alteration, maintenance and design of any improvements to or within the Property, and all amendments, bulletins, modifications, supplements and interpretations thereof. The initial General Architectural Provisions are attached hereto as Exhibit "D" and incorporated herein by reference. Section 1.24 "Governing Documents" shall refer to, singularly or collectively, as the case may be, this Declaration, the Bylaws, the Certificate of Formation, the Rules and Regulations (if any), the General Architectural Provisions (as adopted pursuant to Article X), and any other instrument recorded as a part of the Association’s dedicatory instruments, as each may be supplemented and amended from time to time. Section 1.25 "Lot" shall mean a portion of the Property, whether improved or unimproved, which may be independently owned and is intended for development, use and occupancy as a residence for a single family. The term shall refer to the land, if any, which is part of the Lot, as well as any improvements thereon and any portion of a right-of-way that customarily is used exclusively by and in connection with the Lot. In the case of a parcel of vacant land or land on which improvements are under construction, the parcel shall be deemed to contain a single Lot until such time as a plat is recorded subdividing all or a portion thereof. Thereafter, the portion encompassed by such plat shall continue to be treated in accordance with this Section. Some portions of the Common Area may be platted as a "lot" on the Plat; however, these lots shall be excluded from the definition of a Lot as used herein. Section 1.26 "Member" shall refer to a Person subject to membership in the Association. Section 1.27 "Mortgage" shall refer to a mortgage, a deed of trust, a deed to secure debt, or any other form of security deed. A "Mortgagee" shall refer to a beneficiary or holder of a Mortgage. Section 1.28 "Owner" shall refer to one or more Persons who hold the record title to any Lot, but excluding in all cases any party holding an interest merely as security for the performance of an obligation. Contract sellers and Mortgagees who acquire title to a Lot through a deed in lieu of foreclosure or through foreclosure are considered Owners hereunder. The term "Owner" shall include Declarant. DECLARATION - PAGE 5 Section 1.29 "Person" shall mean a natural person, a corporation, a partnership, a trustee, a limited liability company or any other legal entity. Section 1.30 "Plat" shall refer to, all plats, singularly and collectively, recorded in the Real Property Records of Tarrant County, Texas, and pertaining to Quail Hollow, an addition to the Town of Westlake, Texas, as such plat(s) may be amended from time to time, which includes all of the property described in Exhibit "A" and such additions thereto as may hereafter be brought within the jurisdiction of the Association and made subject to this Declaration. Section 1.31 "Property" shall mean and refer to the real property described in Exhibit "A" attached hereto and all improvements, easements, rights, and appurtenances to the real property, and such additions thereto as may hereafter be brought within the jurisdiction of the Association and made subject to this Declaration. Section 1.32 "Resident" shall mean an occupant of a Residence, regardless of whether the Person is the record title holder of the Lot. Section 1.33 "Residence" shall mean a residential dwelling structure constructed on a Lot and which is intended to be used and occupied as a residence for a single family. Section 1.34 "Rules and Regulations" or "Rules" shall mean any written rules or regulations adopted, implemented or published by the Association or its Board at any time and from time to time, as they may be amended from time to time, with respect to the use and enjoyment of the Common Area and the conduct of its Members and their guests, invitees, agents and contractors within the Property. Section 1.35 "Special Assessment" shall mean and refer to Assessments levied against all Owners to cover unanticipated expenses or expenses in excess of those budgeted, as described in Section 9.3. Section 1.36 "Specific Assessment" shall mean Assessments levied in accordance with Section 9.4. Section 1.37 "Supplemental Declaration" shall mean an instrument recorded pursuant Article XIV to subject additional property to this Declaration and/or to impose, expressly or by reference, additional restrictions and obligations on the land described therein. Section 1.38 "Town" shall refer to the Town of Westlake, Texas. ARTICLE II PROPERTY RIGHTS Section 2.1 Common Area. Each Owner shall have a right and nonexclusive easement of use, access and enjoyment in and to the Common Area, including, but not limited to, a perpetual easement over the Property’s streets and recreational facilities, as may be reasonably required, for the use and enjoyment of the Property and his or her Residence, subject to: DECLARATION - PAGE 6 (a) this Declaration and any other applicable covenants or easements, as they may be amended from time to time, and subject to any restrictions or limitations contained in any deed conveying such property to the Association; (b) the right of the Board to adopt rules regulating the ingress, egress, access, use and enjoyment of the Property, including the right to designate portions of the Common Area for private use on a temporary basis to the exclusion of other Persons; (c) the right of the Board to suspend the right of an Owner to use recreational facilities (i) for any period during which any Assessment or other charge against such Owner's Lot remains delinquent, and (ii) for a period not to exceed thirty (30) days for a single violation or for a longer period in the case of any continuing violation of the Governing Documents after notice and a hearing pursuant to the Bylaws; (d) the right of the Board to permit use of any recreational facilities situated on the Common Area by persons other than Owners, their families, lessees, guests and invitees; (e) the right of the Board to dedicate or transfer all or any part of the Common Area pursuant to Section 4.8; and (f) the right of the Board to mortgage, pledge or hypothecate any or all of the Association's real or personal property as security for money borrowed or debts incurred, subject to any limitations contained in the Bylaws. Section 2.2 Delegation of Use. Any Owner may extend his or her right of use and enjoyment of the Common Area to the members of his or her family, lessees and social invitees, as applicable, subject to reasonable regulation by the Board and in accordance with procedures it may adopt. An Owner who leases his or her Lot shall be deemed to have assigned all such rights to the lessees of such Lot. ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 3.1 Membership. Every Owner is a Member of the Association; provided, there is only one membership per Lot. In the event a Lot is owned by more than one Person, all co- Owners shall be entitled to the privileges of membership, subject to reasonable Board regulation and the restrictions on voting set forth in Section 3.2 and in the Bylaws, and all such co-Owners shall be jointly and severally obligated to perform the responsibilities of Owners hereunder. The membership rights and privileges of an Owner who is a natural person may be exercised by the Member or the Member's immediate family. The membership rights of an Owner which is not a natural person may be exercised by the officers, directors, partners, or trustees, or by the individuals designated from time to time by the Owner in writing provided to the Secretary of the Association. DECLARATION - PAGE 7 Section 3.2 Voting. The Association shall have two classes of membership, Class "A" and Class "B". (a) Class "A". Class "A" Members shall be all Owners except the Class "B" Member, if any. Class "A" Members shall be entitled to one equal vote for each Lot in which they hold the interest required for membership under Section 3.1, except that there shall be only one vote per Lot. Where there is more than one Owner of a Lot, the vote for such Lot shall be exercised as the co-Owners determine between themselves and advise the Secretary of the Association in writing prior to the vote being cast. In the absence of such advice, the Lot's vote shall be suspended if more than one Person seeks to exercise it and the vote is not cast unanimously among the Persons casting the vote. (b) Class "B". The Class "B" Member shall be the Declarant. The Class "B" Member shall be entitled to three (3) votes for each Lot it owns and it shall be entitled to appoint a majority of the members of the Board during the Class "B" Control Period, in the manner specified in the Bylaws. Additional rights of the Class "B" Member are specified in the relevant sections of the Governing Documents. The Class "B" membership shall terminate and become converted to Class "A" membership upon the earlier of: (i) two (2) years after expiration of the Class "B" Control Period; or (ii) when, in its discretion, the Declarant so determines and declares in a recorded instrument. Upon termination of the Class "B" membership, Declarant shall be a Class "A" Member entitled to one Class "A" vote for each Lot, if any, which it owns. Section 3.3 Merger. Merger of the Association with another property owner’s association must be evidenced by an amendment to this Declaration. The amendment must be approved by Owners of at least a majority of the Lots, and by the Declarant during the Development Period. Upon a merger, the property, rights and obligations of another association may, by operation of law, be added to the property, rights and obligations of the Association as a surviving association pursuant to the merger. The surviving association may administer the provisions of the Governing Documents within the Property, together with the covenants and restrictions established upon any other property under its jurisdiction. No merger, however, will effect a revocation, change or addition to the covenants established by this Declaration within the Property. DECLARATION - PAGE 8 ARTICLE IV RIGHTS AND OBLIGATIONS OF THE ASSOCIATION Section 4.1 Common Area. The Association, subject to the rights of the Owners set forth in this Declaration and subject to the terms of any easement or other agreement with the Town or adjacent property owner, shall be responsible for the exclusive management and control of the Common Area and all improvements thereon (including, without limitation, furnishings, equipment and common landscaped areas), and shall keep it in good, clean, attractive and sanitary condition, order and repair, pursuant to the terms and conditions hereof and consistent with the Community-Wide Standard. Section 4.2 Personal Property and Real Property for Common Use. The Association may acquire, hold and dispose of tangible and intangible personal property and real property, subject to such restrictions as are set forth in the Governing Documents. The Board shall accept any conveyance of personal property or fee title, leasehold, or other interests in any improved or unimproved real estate located within the Property, including the Common Area, conveyed to it by the Declarant. Upon conveyance or dedication by the Declarant to the Association, such property shall be thereafter maintained by the Association at its expense for the benefit of its Members, subject to any restrictions set forth in the deed of conveyance. Upon written request of the Declarant, the Association shall re-convey to Declarant for no or nominal monetary consideration any unimproved portions of the Property originally conveyed by Declarant to the Association, to the extent conveyed in error or needed by Declarant to make minor adjustments in property lines. Section 4.3 Rules and Regulations. The Declarant and the Board may adopt, amend, repeal and enforce reasonable Rules and Regulations, and penalties for infractions thereof, governing the occupancy, lease, use, disposition, maintenance, appearance, and enjoyment of the Common Areas and Lots, and governing the ingress, egress and access to the Property. Without limiting the generality of the foregoing, the Declarant and the Board may adopt, amend repeal and enforce reasonable Rules and Regulations governing the type of vehicles that may use the private streets, the speed at which vehicles may be operated on the private streets, and the parking of vehicles on the private streets. Any such Rules and Regulations may include the right to prohibit or to restrict. Such Rules and Regulations shall be consistent with the rights and duties established by this Declaration. Such Rules and Regulations shall be binding upon all Owners, occupants, invitees and licensees, if any, until and unless overruled, canceled or modified in a regular or special meeting of the Association by the vote of a majority of the Class "A" Members and the consent of the Class "B" Member, so long as such membership shall exist. Section 4.4 Compliance and Enforcement. Every Owner and his or her family, guests, lessees, and invitees shall comply with the Governing Documents. The Association shall be authorized to impose sanctions for violations of the Governing Documents. Sanctions may include, without limitation, the following: (a) imposing reasonable monetary fines, which shall constitute a lien upon the Owner’s Lot; (b) suspending the violator’s right to use any recreational facilities within the Common DECLARATION - PAGE 9 Area; provided, however, nothing herein shall authorize the Board to prohibit reasonable ingress or egress to or from a Lot by an Owner or Resident; (c) suspending, restricting or prohibiting a non-Resident violator’s ingress, egress and access to the Property; provided, however, nothing herein shall authorize the Board to prohibit reasonable ingress or egress to or from a Lot by an Owner or Resident; (d) suspending any services provided by the Association to a violator or the violator’s Lot if the Lot Owner is more than thirty (30) days delinquent in paying any Assessment or other charge owed to the Association; (e) exercising self-help (specifically including, but not limited to, towing of vehicles that are parked or stored in violation of the Governing Documents, removing nonconforming structures and/or improvements pursuant to Section 10.9 and performing maintenance on an Owner’s Lot pursuant to Section 5.4); (f) recording a Notice of Violation pursuant to Section 10.12; (g) levying a Specific Assessment pursuant to Section 9.4; and (h) taking any other action to abate a violation of the Governing Documents. In addition to any other enforcement rights, the Association or any Owner may bring suit in law or in equity, or both, to enjoin any violation or to recover monetary damages, or both. All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. The Association shall be entitled to recover all costs, including, without limitation, attorney's fees and court costs reasonably incurred in enforcing the Governing Documents. Failure by the Association to enforce any the foregoing or any other right or remedy of the Association shall in no event be deemed a waiver of the right to do so thereafter. The Association, through the Board, by contract or other agreement, shall have the right, but not the obligation, to enforce applicable county and city ordinances, and may, but shall not be obligated to, permit Tarrant County and the Town to enforce ordinances on the Property for the benefit of the Association and its Members. Section 4.5 Implied Rights. The Association may exercise any other right or privilege given to it expressly by the Governing Documents. The Association may also exercise every other right or privilege reasonably implied from or reasonably necessary to effectuate any such right or privilege. Except as otherwise specifically provided in the Governing Documents, or by law, all rights and powers of the Association may be exercised by the Board without a vote of the membership. Section 4.6 Governmental Interests. For so long as the Declarant owns any Property, the Association shall permit the Declarant to designate and re-designate sites within the Property for water and sewer facilities and other public facilities. The sites may include Common Area DECLARATION - PAGE 10 owned by the Association, and in such case no membership approval shall be required and the Association shall dedicate and convey the designated site as requested by the Declarant. Section 4.7 Indemnification. The Association shall indemnify every officer, director and committee member to the full extent permitted by Section 8.001 et seq. of the Texas Business Organizations Code, as amended (but, in the case of any such amendment, only to the extent that such amendment permits broader indemnification than permitted prior to such amendment). Any right to indemnification provided for herein shall not be exclusive of any other rights to which any present or former officer, director or committee member may be entitled. The Association shall, as a Common Expense, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such insurance is reasonably available. The officers and directors shall have no personal liability with respect to any contract or other commitment made or action taken in good faith on behalf of the Association. Section 4.8 Dedication of Common Area. Subject to such approval requirements as may be set forth in this Declaration, the Association shall have the power to dedicate portions of the Common Area to Tarrant County, Texas, or to any other local, state or federal governmental entity, provided, the Town shall have no obligation to accept any private street for public access and maintenance and may impose such conditions upon acceptance as it deems appropriate. Section 4.9 Security. The Association may, but shall not be obligated to, maintain or support certain facilities and activities within the Property designed to enhance the security of the Property, including, without limitation, the installation of controlled access gates and the provision of patrol or access monitoring personnel. NEITHER THE ASSOCIATION, THE DECLARANT, NOR ANY SUCCESSOR DECLARANT, SHALL IN ANY WAY BE CONSIDERED INSURERS OR GUARANTORS OF SECURITY WITHIN THE PROPERTY, NOR SHALL SUCH PARTIES BE HELD LIABLE FOR ANY LOSS OR DAMAGE FOR FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN. NEITHER THE ASSOCIATION, DECLARANT, NOR ANY SUCCESSOR DECLARANT, MAKE ANY REPRESENTATION OR WARRANTY THAT ANY SYSTEMS OR MEASURES, INCLUDING ANY MECHANISM, DEVICE OR PERSON EMPLOYED TO LIMIT OR RESTRICT ACCESS TO THE PROPERTY CANNOT BE COMPROMISED OR CIRCUMVENTED; OR THAT ANY SUCH SYSTEMS OR SECURITY MEASURES UNDERTAKEN WILL IN ANY CASE PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. EACH OWNER AND ALL TENANTS, GUESTS AND INVITEES OF ANY OWNER, ACKNOWLEDGE AND UNDERSTAND THAT THE ASSOCIATION, ITS BOARD, COMMITTEE MEMBERS, DECLARANT OR ANY SUCCESSOR DECLARANT, ARE NOT INSURERS AND THAT EACH PERSON WITHIN THE PROPERTY ASSUME ALL RISKS FOR PERSONAL INJURY AND LOSS OR DAMAGE TO PROPERTY, INCLUDING LOTS AND THE CONTENTS THEREOF, RESULTING FROM ACTS OF THIRD PARTIES. Section 4.10 Use of Recreational Facilities. Each Owner acknowledges that certain recreational facilities including, but not limited to, lakes and a fishing dock, are or may be DECLARATION - PAGE 11 provided within the Common Area for the use and enjoyment of the Owners and Residents, and their respective families, tenants, and invitees. Inclusion of a recreational facility in this Section 4.10 shall not, under any circumstances, obligate any Declarant or the Association to provide such facility, nor shall the omission of any type of recreational facility from this Section 4.10 prevent any Declarant or the Association from providing such facility at a later time. EACH OWNER HEREBY ACKNOWLEDGES THAT THERE ARE RISKS ASSOCIATED WITH THE USE OF ANY SUCH RECREATIONAL FACILITIES AND THAT ALL USERS OF SUCH FACILITIES ARE SOLELY RESPONSIBLE FOR SUCH RISK. EACH OWNER, BY ACCEPTING A DEED TO A LOT, ACKNOWLEDGES THAT HE OR SHE HAS NOT RELIED UPON THE REPRESENTATIONS OF THE DECLARANT OR THE ASSOCIATION WITH RESPECT TO THE SAFETY OF ANY RECREATIONAL FACILITIES OR OTHER COMMON AREA WITHIN THE PROPERTY. The Association may, but shall not be obligated to, contract with, employ or otherwise provide, from time to time, a lifeguard or other monitoring personnel or equipment to be present or operational at any recreational facility within the Property. Each Owner acknowledges that the presence of such personnel shall not create a duty on the part of any Declarant or the Association to provide for, insure or guarantee the safety of any user of the facility. Each Owner acknowledges that the presence of such monitoring personnel shall not in any way alter the risks assumed by each Owner, his or her family members, tenants, other Residents of Owner’s Lot and guests of any such Persons, which risks shall continue to be assumed by the user of the recreational facility. Section 4.11 Construction Activities All Owners are hereby placed on notice that Declarant(s), any affiliate of Declarant(s) and/or its agents, contractors, subcontractors, licensees and other designees, successors or assignees, may be, from time to time, conducting excavation, construction and other activities within or in proximity to the 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 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 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) Declarant(s), any affiliate of Declarant(s) and all of their 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 Property has been and will be made with full knowledge of the foregoing. Section 4.12 Use of Technology. The Association may, as a Common Expense, provide for or offer services which make use of computers and other technological opportunities. For example, to the extent Texas law permits, and unless otherwise specifically prohibited in the Governing Documents, the Association may send required notices by electronic means; hold DECLARATION - PAGE 12 Board or Association meetings and permit attendance and voting by electronic means or via the web, establish a website ("Association Website") to provide Owners, residents, tenants, occupants, and invitees ("Association Website Users") with a forum for Association Website Users to participate in community life, disseminate information about activities and programs and foster a sense of community. The Association shall be the sole authorized provider of the Association Website. If the Association Website is established, the Board shall have the sole authority to establish who may access the Association Website and to remove content deemed objectionable or offensive in the Board’s sole discretion. During the Development Period, all content must be approved in advance by the Declarant. No Association Website User shall use the Association’s Website or any other electronic means of communication which is in any way associated with the Development to slander, vent complaints, or create/foster an atmosphere of discontent with regard to another Member, his or her family, the Association, the Board, committee members, the Declarant or any affiliate of Declarant. Section 4.13 Mineral Interests. As of the date of recording of this Declaration, all mineral interests and water rights, including but not limited to development rights, may have been reserved by one or more prior owners of the Property or conveyed pursuant to one or more deeds or other instruments. By accepting title or other interest to a Lot, each Owner acknowledges the possible existence of such superior rights in favor of their owners. In the event that Declarant holds any such mineral interests or water rights as of the date of recording of this Declaration, the Declarant hereby reserves for itself all right, title and interest in and to the oil, gas, and other minerals and water in, on, and under and that may be produced from the Property, TO HAVE AND TO HOLD FOREVER. Section 4.14 Private Streets. (a) The private streets as shown on the Plat shall be maintained by the Association as part of the Common Area as set forth in Section 6.1, and the Town shall have no responsibility for maintenance of such streets. The Town may, but shall not be obligated to, inspect such streets and require the Association to make any repairs necessary to bring such streets up to the standards of public streets within the Town. If the Association should fail to make any repairs within a reasonable time after receipt of written notice from the Town as to the need for such repairs, or if the Association and the Town otherwise agree, the Town shall have the right: (i) to cause such repairs to be made and to assess each Lot within the Property for an equal share of the cost of such repairs; or (ii) to revoke the special use permit for private streets, make any necessary repairs, remove any gate, gatehouse or other structures not permitted on public streets within the Town, and unilaterally re-file the subdivision plat(s) for the Property dedicating the streets within the Property to the public; or (iii) both of the above, in the event the balance of the reserve fund is not sufficient to cover all street repairs. If the private streets are converted to public streets, under (ii) above, the Town shall be entitled to that portion of the Association’s reserve funds allocated to maintenance of the street so dedicated, as provided in Section 9.2. (b) Each Owner, by acceptance of any interest in a Lot, acknowledges and agrees that the Town shall have no obligation to provide certain services, such as but not limited to routine DECLARATION - PAGE 13 police patrols, enforcement of traffic and parking ordinances, or preparation of accident reports, in areas served by private streets. (c) This Section shall not be amended without the prior written consent of the Town. ARTICLE V MAINTENANCE Section 5.1 Association Responsibility. Except as may be otherwise provided by this Declaration and subject to the terms of any easement or other agreement with the Town or adjacent property owner, the Association shall maintain and keep in good repair the Common Area, including maintenance of the private streets to at least the standards of similarly situated public streets within the Town. Such maintenance shall include, but need not be limited to: (a) All portions of and all landscaping, structures and improvements situated upon the Common Area, including, without limitation, (i) all street trees and shrubs, (ii) all entry features and monuments including the expenses for water and electricity, if any, provided to all such entry features; and (iii) any irrigation or drainage systems located on the Common Area. (b) all private streets, street shoulders, curbs, lamp posts and street lights within the Property; (c) all recreational facilities, including, without limitation, the fishing dock; (d) all ponds, lakes, streams and/or wetlands located within the Property which serve as part of the drainage and storm water retention system for the Property, including any retaining walls, bulkheads, levees or dams (earthen or otherwise) retaining water therein, and any fountains, lighting, pumps, conduits and similar equipment installed therein or used in connection therewith; (e) any property and facilities owned by the Declarant and made available, on a temporary or permanent basis, for the primary use and enjoyment of the Association and its Members, such property and facilities to be identified by written notice from the Declarant to the Association and to be maintained by the Association until such time as Declarant revokes such privilege of use and enjoyment by written notice to the Association.; (f) any real or personal property owned by the Association but which is not a Common Area, such as a Lot owned by the Association; (g) landscaping and other flora within public rights-of-way abutting the Common Area (subject to the terms of any easement or other agreement relating thereto); and (h) such portions of any additional property located adjacent to the Property, the maintenance of which is deemed to be in the best interest of the Association to maintain or which must be maintained according to this Declaration, any Supplemental Declaration, any covenant to share costs, or any contract or agreement for maintenance thereof entered into by the DECLARATION - PAGE 14 Association. The Association shall maintain the facilities and equipment within the Common Area in continuous operation, except for any periods of maintenance or repairs or unless Members representing 75% of the Class "A" votes in the Association and the Class "B" Member, if any, agree in writing to discontinue such operation. Except as provided hereinabove, the Common Area shall not be reduced by amendment of this Declaration or any other means except with the prior written approval of the Class "B" Member, if any. The costs associated with maintenance, repair and replacement of the Common Area shall be a Common Expense; provided, the Association may seek reimbursement from the owner(s) of, or other Persons responsible for, certain portions of the Common Area pursuant to this Declaration, a covenant to share costs, other recorded covenants, or agreements with the owner(s) thereof. Section 5.2 Owner Responsibility. Each Owner shall maintain his or her Lot and Residence and all landscaping, structures, driveways, parking areas, fences, walls and other improvements within the boundaries of the Lot, except for the improvements located within the right-of-way easements constituting the formal entrances to the Property as shown on the Plat. Each Owner shall maintain the driveway serving his or her Lot whether or not lying entirely within the Lot boundaries, and shall maintain all landscaping on that portion of the Common Area or public right-of-way between the Lot boundary and the nearest curb or pavement edge of the adjoining street(s). Owners of Lots which are adjacent to any portion of the Common Area on which decorative walls or fences have been constructed shall also maintain that portion of the Common Area which lies between such wall or fence and the Lot boundary. Owners of Lots which abut the bank or water's edge, or abut a portion of the Common Area abutting the bank or water's edge, or abut a portion of the Common Area abutting the bank or water's edge, of any lake, pond, stream or wetlands area within the Property shall maintain all landscaping between the Lot boundary and such bank or water's edge; provided, there shall be no right to remove trees, shrubs or similar vegetation from this area without prior approval pursuant to Article X hereof. The Association, and its agents, during normal business hours, shall have the right (after five (5) days' written notice to the Owner of any Lot involved, setting forth the specific violation or breach of this covenant and the action required to be taken, and if at the end of such time reasonable steps to accomplish such action have not been taken by the Owner), to enter on the subject premises (without any liability whatsoever for damages for wrongful entry, trespass or otherwise to any Person) and to take the action(s) specified in the notice to remedy or abate said violation(s) or breach(es). The cost of such remedy or abatement shall be paid to the Association upon demand and if not paid within thirty (30) days thereof, shall become a lien upon the Lot affected. The Association, or its agent, shall further have the right (upon like notice and conditions), to trim or prune, at the expense of the Owner, any hedge, tree or any other planting that, in the written opinion of the Association, by reason of its location on the Lot, or the height, or the manner in which it is permitted to grow, is detrimental to the adjoining Lots, is dangerous or is unattractive in appearance. The lien provided under this section will constitute a lien retained against such property with the same force and effect as the lien for unpaid assessments as set forth in this Declaration. DECLARATION - PAGE 15 Retaining walls constructed along a common boundary between two Lots or a Lot and the Common Area (a "shared retaining wall") shall be constructed entirely on the high side of the two properties, and the wall and any fence built thereon shall be maintained by the Owner located on the high side of the two properties. The Owner on the low side of two properties with a shared retaining wall hereby grants to the Owner on the high side of the shared retaining wall an easement for (i) the existence and continuance of any encroachment of the shared retaining wall as a result of original construction, repairs in place, shifting, settlement, or movement by natural causes, and (ii) the maintenance, repair, replacement, or reconstruction of the shared retaining wall, as appropriate and necessary to effect the purposes and provisions of this Section. Notwithstanding anything contained in this Section 5.2 to the contrary, an Owner may not alter, modify or relocate a shared retaining wall in any manner that affects the use, condition, or appearance of the shared retaining wall to the adjoining property, without the prior written consent of the Owner of the adjoining property. Section 5.3 Standard of Performance. Unless otherwise specifically provided in the Governing Documents, responsibility for maintenance shall include responsibility for repair and replacement necessary to maintain his or her Lot to a level consistent with the Community-Wide Standard. Specifically, each Owner must (i) repair and replace worn, rotten, deteriorated, and unattractive materials; (ii) regularly repaint all painted surfaces; (iii) regularly re-stain all stained surfaces; (iv) regularly water all landscape, prune and cut all trees and shrubbery, mow and edge all lawns and yards, including fenced and unfenced portions of the Lots and public right of ways abutting the Lots, so that the Lot is neatly manicured, healthy and in a well-groomed condition (weeds and grass not to exceed six inches (6") in height); (v) promptly remove diseased, dying or dead plant material, and promptly replace such material with plants of a similar or superior quality and appearance and that maintain the minimum landscape requirements of Exhibit "D"; (vi) keep the yard irrigation system in good repair and repair and replace sprinkler heads, irrigation lines and other irrigation equipment as needed for optimum landscape maintenance; (vii) promptly remove all litter, trash, refuse, waste and debris; (viii) keep exterior lighting and mechanical facilities in working order; (ix) keep driveways in good repair and condition; (x) promptly repair any exterior damage; (xi) comply with all governmental health and police requirements; and (xii) not alter the drainage from the Lot or cause damage to adjoining Lots or Common Areas from improper drainage or over watering (such Owner being responsible for any damage resulting therefrom). Repair and replacement shall include improvement, if necessary to comply with applicable building codes or other regulations or if otherwise deemed appropriate, in the Board’s reasonable discretion. Each Owner further covenants and agrees that in the event of damage to or destruction of structures on such Owner's Lot, the Owner shall proceed promptly to repair or to reconstruct in a manner consistent with the original construction or such other plans and specifications as are approved in accordance with Article X. Alternatively, the Owner shall clear the Lot and maintain it in a neat and attractive, and landscaped condition consistent with the Community-Wide Standard. Neither the Association nor an Owner shall be liable for any damage or injury occurring on, or arising out of the condition of, property which it does not own, except to the extent that it has been negligent in the performance of its maintenance responsibilities. The Owner shall pay any costs which are not covered by insurance. DECLARATION - PAGE 16 Section 5.4. Owner’s Default in Maintenance. In addition to any other enforcement rights available to the Association, if any Owner fails properly to perform his or her maintenance responsibilities, the Association may perform such maintenance responsibilities and assess all costs incurred by the Association against the Lot and the Owner as a Specific Assessment in accordance with Section 9.4. However, the Association shall afford the Owner reasonable notice and an opportunity to cure the problem prior to entry, except when immediate entry is required due to an emergency situation. Section 5.5 Party Structures. (a) General Rules of Law to Apply. Each fence, wall, mailbox or driveway built as a part of the original construction on the Lots which shall serve and/or separate any two adjoining Lots shall constitute a party structure. To the extent not inconsistent with the provisions of this Section, the general rules of law regarding party structures and liability for property damage due to negligence or willful acts or omissions shall apply thereto. (b) Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party structure shall be shared equally by the Owners who make use of the party structure. The Owner on each side of a party structure hereby grants to the Owner on the other side of the party structure an easement for (i) the existence and continuance of any encroachment of the party structure as a result of original construction, repairs in place, shifting, settlement, or movement by natural causes, and (ii) the maintenance, repair, replacement, or reconstruction of the party structure, as appropriate and necessary to effect the purposes and provisions of this Section. Notwithstanding anything contained in this Section 5.5(b) to the contrary, an Owner may not alter, modify or relocate a party structure in any manner that affects the use, condition, or appearance of the party structure to the adjoining Lot, without the prior written consent of the Owner of the adjoining Lot. (c) Damage and Destruction. If a party structure is destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, any Owner who benefits from the use of the party structure may restore it. If other Owners thereafter use the party structure, they shall contribute to the restoration cost in equal proportions. However, such contribution will not prejudice the right to call for a larger contribution from the other users under any rule of law regarding liability for negligent or willful acts or omissions. (d) Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors-in-title. (e) Arbitration. In the event of any dispute arising concerning a party structure, each party shall appoint one arbitrator. Should any party fail and/or refuse to appoint an arbitrator within ten (10) days after written request by the other party, the requesting party shall appoint an arbitrator for the refusing party. The arbitrators appointed shall appoint one additional arbitrator. The decision by a majority of all three arbitrators shall be binding upon the parties and shall be a condition precedent to any right of legal action that either party may have against the other. The Association and/or the Declarant shall have no responsibility in resolving any disputes between DECLARATION - PAGE 17 Members concerning a party structure. Section 5.6 Rights of the Town. The Town, including its agents and employees, has the right of immediate access to the Common Area at all times if necessary for the welfare or protection of the public, to enforce Town ordinances, or to improve the appearance of to preserve public property, public easements or public rights-of-way. Should the Association fail to carry out its duties as specified in this Declaration to a standard acceptable to the Town, the Town or its lawful agents shall have the right and ability, after at least ninety (90) days’ notice to the Association, to remove any landscape system, features or elements that cease to be maintained by the Association; to perform the responsibilities of the Association if the Association fails to do so in compliance with any of the provisions of this Declaration or of any applicable Westlake Town codes, ordinances or regulations; to assess the Association for all costs incurred by the Town in performing said responsibilities if the Association fails to do so; and to avail itself of any other enforcement actions available to the Town pursuant to state law or Westlake Town codes, ordinances or regulations. Should the Town exercise its rights as specified above, the Association shall indemnify and hold harmless the Town from any and all costs, expenses, suits, demands, liabilities or damages, including attorney’s fees and costs of suit, incurred or resulting from the Town’s removal of any landscaping systems, features or elements that cease to be maintained by the Association or from the Town’s performance of the aforementioned operations, maintenance or supervision responsibilities of the Association due to the Association’s failure to perform said duties. ARTICLE VI INSURANCE AND CASUALTY LOSSES Section 6.1 Association Insurance. The Association shall obtain and continue in effect the following types of insurance, if reasonably available, or if not reasonably available, the most nearly equivalent coverages as are reasonably available: (a) blanket "all-risk" property insurance for all insurable improvements on the Common Area in the event of a casualty, regardless of ownership. If such coverage is not generally available at reasonable cost, then at a minimum an insurance policy providing fire and extended coverage, including coverage for vandalism and malicious mischief shall be obtained. The face amount of such insurance shall be sufficient to cover the full replacement cost of the insured property under current building codes and ordinances; (b) commercial general liability insurance on the Common Area, insuring the Association and its Members for damage or injury caused by the negligence of the Association or any of its Members, employees, agents or contractors while acting on its behalf. If generally available at reasonable cost, such policy shall have a limit of at least $1,000,000.00 per occurrence with respect to bodily injury, personal injury and property damage; (c) commercial crime insurance, including fidelity insurance, covering all persons responsible for handling Association funds in an amount determined in the Board's best business judgment, but not less than an amount equal to one-sixth (1/6) of the annual Base Assessment on all Lots plus reserves on hand. Fidelity insurance policies contain a waiver of all defenses based upon the exclusion of persons serving without compensation; DECLARATION - PAGE 18 (d) workers' compensation insurance and employer’s liability insurance, if and to the extent required by law; (e) directors' and officers' liability coverage, covering all directors, officers and committee members; and (f) such additional insurance as the Board, in its business judgment, determines advisable. Premiums for all insurance on the Common Area and any Lot owned by the Association shall be a Common Expense. Section 6.2 Policy Requirements. All Association policies shall provide for a certificate of insurance to be furnished to the Association and, upon request, to each Member. The policies may contain a reasonable deductible and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the insurance at least equals the coverage required hereunder. In the event of an insured loss, the deductible shall be treated as a Common Expense in the same manner as the premiums for the applicable insurance coverage. However, if the Board reasonably determines, after notice and an opportunity to be heard in accordance with the Bylaws, that the loss is the result of the negligence or willful conduct of one or more Owners, their guests, invitees, or lessees, then the Board may specifically assess the full amount of such deductible against such Owner(s) and their Lot(s) as a Specific Assessment. Section 6.3 Individual Insurance. By virtue of taking title to a Lot, each Owner covenants and agrees with all other Owners and with the Association that each Owner shall carry blanket "all-risk" property insurance on his or her Lot(s) and structures constructed thereon providing full replacement cost coverage (less a reasonable deductible), unless the Association carries such insurance (which it is not obligated to do so hereunder). Further, each Owner shall obtain and maintain general liability insurance on his or her Lot. If an Owner fails to maintain required insurance, the Board may obtain insurance on behalf of the Owner. If the Association assumes responsibility for obtaining any insurance coverage on behalf of an Owner, the premiums for such insurance shall be levied as a Specific Assessment against the benefitted Lot and the Owner. Each Owner and Resident is solely responsible for insuring his or her personal property in his or her Residence and on the Lot, including furnishings, vehicles, appliances, equipment and stored items. Section 6.4 Damage and Destruction. (a) In the event of damage to or destruction of Common Area or other property insured by the Association, the Board or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and shall obtain reliable and detailed estimates of the cost of repair or reconstruction of the damage or destroyed property to substantially the same condition in which it existed prior to the fire or other peril, allowing for any changes or improvements necessitated by changes in applicable building codes. (b) Any damage to or destruction of the Common Area shall be repaired or reconstructed DECLARATION - PAGE 19 unless Members representing at least seventy-five percent (75%) of the total Class "A" votes in the Association, and the Class "B" Member, if any, decide within sixty (60) days after the loss not to repair or reconstruct. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within said period, then the period shall be extended until such funds or information shall be made available. However, such extension shall not exceed sixty (60) days. No Mortgagee shall have the right to participate in the determination of whether the damage or destruction to the Common Area shall be repaired or reconstructed. (c) If it is determined in the manner described above that the damage or destruction to the Common Area shall not be repaired or reconstructed and no alternative improvements are authorized, the affected property shall be cleared of all debris and ruins and thereafter shall be maintained by the Association in a neat and attractive landscaped condition consistent with the Community-Wide Standard. Section 6.5 Disbursement of Proceeds. Any insurance proceeds remaining after paying the costs of repair or reconstruction, or such settlement as is necessary and appropriate, shall be retained by and for the benefit of the Association and its Members and placed in a capital improvements account. This is a covenant for the benefit of any Mortgagee of a Lot and may be enforced by such Mortgagee. Section 6.6 Repair and Reconstruction. If the insurance proceeds are insufficient to cover the costs of repair or reconstruction, the Board may, without the vote of the Members, levy a Specific Assessment to cover the shortfall against those Owners responsible for the premiums for the applicable insurance coverage under Section 6.3. ARTICLE VII NO PARTITION Except as permitted in this Declaration, the Common Area shall remain undivided, and no Person shall bring any action seeking judicial partition without the written consent of all Owners and Mortgagees. This Article shall not be construed to prohibit the Board from acquiring and disposing of tangible personal property nor from acquiring and disposing of real property which may or may not be subject to this Declaration. ARTICLE VIII CONDEMNATION Section 8.1 Condemnation. If any part of the Common Area shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on the written direction of Members representing at least sixty-seven percent (67%) of the total Class "A" votes in the Association and of the Class "B" Member, if any, by any authority having the power of condemnation or eminent domain, each Owner shall be entitled to written notice of such taking or conveyance prior to disbursement of any condemnation award or proceeds from such conveyance. Such award or proceeds shall be payable to the Association to be disbursed as set DECLARATION - PAGE 20 forth in this Article. Section 8.2 Disbursement. If the taking involves a portion of the Common Area on which improvements have been constructed, then the Association shall restore or replace such improvements on the remaining land included in the Common Area to the extent available, unless within sixty (60) days after such taking, the Class "B" Member, if any, and Class "A" Members representing at least sixty-seven percent (67%) of the total Class "A" vote of the Association shall otherwise agree. Any such construction shall be in accordance with plans approved by the Board. The provisions in Article VI hereof regarding the disbursement of funds for the repair of casualty damage or destruction shall apply. If the taking or conveyance does not involve any improvements on the Common Area or a decision is made not to repair or restore, or if net funds remain after any such restoration or replacement is complete, then such award or net funds shall be disbursed to the Association and used for such purposes as the Board shall determine. ARTICLE IX ASSOCIATION FINANCES Section 9.1 Assessment. (a) Personal Obligation. Except as hereinafter provided, each Owner, by accepting a deed for any portion of the Property, is deemed to covenant and agree to pay all Assessments authorized by the Governing Documents. All Assessments, together with interest (at a rate not to exceed eighteen percent (18%) per annum, or such higher rate as the Board may establish by resolution, subject to the limitations of Texas law), late charges as determined by Board resolution, costs and reasonable attorney's fees, shall be the personal obligation of each Owner upon whom the Assessment or charge is assessed and a lien upon each such Owner’s Lot until paid in full. Except as provided in Section 9.5, upon the transfer of title to a Lot, the grantee shall be jointly and severally liable for any Assessments or charges due at the time of conveyance. (b) Resale Certificate. The Association shall, within ten (10) days of the receipt of a written request from an Owner, Owner’s agent, or title insurance company or its agent acting on behalf of the Owner, furnish to such Person, in addition to any other information that may be required by law, a certificate in writing signed by an officer of the Association, or a duly authorized agent, setting forth the amount of any unpaid Assessments against the Owner's Lot. Such certificate shall be conclusive evidence of such Owner's Assessment obligation as of the date of the certificate. The Association or its duly authorized agent may require the advance payment of a reasonable processing fee for the issuance of such certificate. (c) Time of Payment; Due Date. Assessments shall be paid in such manner and on such dates as may be fixed by the Board. Unless the Board otherwise provides, the Base Assessment shall be due and payable in advance on the first day of each fiscal year. Special Assessments and Specific Assessments are due on the date stated in the notice of assessment or, if no date is stated, within ten (10) days after notice of the Assessment is given. Assessments are considered DECLARATION - PAGE 21 delinquent if not received by the Association on or before the due date. If any Owner is delinquent in paying any Assessments levied on his or her Lot, the Board may require any unpaid installments of all outstanding Assessments to be paid in full immediately. (d) No Exemption. Except for property exempt from Assessment pursuant to Section 9.8 hereof, no Owner may waive or otherwise exempt himself from liability for any Assessments by non-use of Common Area, abandonment of the Lot or any other reason. The obligation to pay Assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of Assessment or set-off shall be claimed or allowed by reason of any alleged failure of the Association to take some action or perform some function required to be taken or performed by the Association or for inconvenience or discomfort arising from the making of repairs or improvements, or from any action taken to comply with any law, ordinance, or with any order or directive of any municipal or other governmental authority or for any other action taken or failed to be taken by the Association. (e) Budget Deficits. Declarant shall pay the difference between the amount of Assessments (exclusive of reserve contributions) levied on all other Lots subject to assessment and the amount of actual expenditures (exclusive of reserve contributions) incurred by the Association during each fiscal year (the "budget deficit"). This obligation to fund budget deficits shall cease upon the first to occur of the following: (i) the termination of the Class "B" Membership, (ii) the cessation of budget deficits or (iii) when, in its discretion, the Declarant so determines and declares in a recorded instrument. Until such time as Declarant’s obligation to fund the budget deficits terminates, the Declarant shall be exempt from the payment of Assessments. The Association shall have a lien against all Lots owned by the Declarant to secure the Declarant’s obligations under this Section, which lien shall have the same attributes and shall be enforceable in the same manner as the Association's lien against other Lots under this Article. The Declarant’s obligations hereunder may be satisfied in the form of a loan or by "in kind" contributions of services or materials, or by a combination of these as determined by Declarant in Declarant’s absolute discretion. After termination of Declarant’s obligation to fund the budget deficits, Declarant shall pay Assessments on its unsold Lots in the same manner as any other Owner. (f) Declarant Subsidy. Declarant may reduce the Base Assessment for any fiscal year by payment of a subsidy (in addition to any amounts paid by such Declarant under Section 9.1(e) above), which may be either a contribution, or a loan, in the Declarant's absolute discretion. Any such subsidy shall be disclosed as a line item in the income portion of the budget. The payment of such subsidy in any year shall not otherwise obligate Declarant to continue payment of such subsidy in future years, unless provided in a written agreement between the Declarant and the Association. Section 9.2 Base Assessment. (a) Budget. At least thirty (30) days before the beginning of each fiscal year, the Board shall prepare a budget covering the estimated Common Expenses of the Association during the coming year, including any contributions to one or more reserve funds. During the period of time that Declarant is obligated to pay the budget deficits, the budget shall be established as if the DECLARATION - PAGE 22 Property were fully developed, fully phased, fully constructed and fully occupied with a level of service and maintenance typical for similar developments in the surrounding area, using cost estimates that are current for the period in which the budget is prepared. Contributions and/or loans to the Association attributable to the Declarant shall be disclosed as a line item in the budget. The reserve portion of the budget shall take into account the number and nature of replaceable assets, the expected life of each asset and the expected repair or replacement cost. The Board may set the required capital contribution in an amount sufficient to permit meeting the projected needs of the Association, with respect both to amount and timing of Base Assessments over the period of the budget. During the period of time that Declarant is obligated to pay the budget deficits, Declarant has no duty to contribute to the Association’s reserve fund(s). (b) Computation. The total budgeted Common Expenses shall be set at a level which is reasonably expected to produce the total income of the Association equal to the total budgeted Common Expenses, including reserves. In determining the assessment applicable to a particular Lot (the "Base Assessment"), the Board shall first divide the total budgeted Common Expenses by the total number of Lots then subject to Assessment (the "Unadjusted Base Assessment"). The Unadjusted Base Assessment shall then be adjusted for each Lot as follows: (i) Lots which are one and one-half (1-1/2) acres or less in size ("Estate Lots") shall be assessed at a rate equal to eighty percent (80%) of the Unadjusted Base Assessment, and (ii) Lots greater than one and one- half (1-1/2) acres in size ("Manor Lots") will be assessed at a rate equal to the Unadjusted Base Assessment plus twenty percent (20%) of the Unadjusted Base Assessment times the ratio of the total number of Estate Lots to Manor Lots as represented by the following formula: Base Assessment = Unadjusted Base Assessment + (20% x Unadjusted Base Assessment x \[Estate Lots/Manor Lots\]) In determining the total income of the Association, the Board may consider sources of funds available to the Association other than the Base Assessment. If during the course of the year the Board determines that the Base Assessment is insufficient to cover the estimated Common Expenses for the remainder of the year, the Board may, subject to the provisions of Section 9.2(c) below, increase the Base Assessment for the remainder of the year in an amount that covers the estimated deficiency. Any such increase in the Base Assessment shall be determined in the same manner as set forth in this Section 9.2(b). (c) Notice; Disapproval. The Board shall send notice of the amount of the Base Assessment to be levied pursuant to the Board approved budget, or the amount of any proposed increase in the Base Assessment during the year, to each Owner at least thirty (30) days prior to the effective date of such budget or increase. During the Class "B" Control Period, the Base Assessment shall automatically become effective upon Board approval. Thereafter, the Base Assessment shall automatically become effective upon Board approval unless disapproved by the Class "B" Member, if any, or by Members representing at least fifty-one percent (51%) of the total Class "A" votes in the Association. There shall be no obligation to call a meeting of the Members for the purpose of considering a Base Assessment except on petition of the Members as provided for special meetings in the Bylaws, which petition must be presented to the Board within ten (10) days after DECLARATION - PAGE 23 delivery of the budget and notice of the Base Assessment. In the event a proposed Base Assessment is disapproved or the Board fails for any reason to determine the budget for any year, then and until such time as a budget shall have been determined, the budget and Base Assessment most recently in effect shall continue in effect until a new budget and Base Assessment is determined. Section 9.3 Special Assessments. In addition to other Assessments authorized hereunder, the Association may levy Special Assessments from time to time to cover unbudgeted expenses or expenses in excess of the amount budgeted. Any such Special Assessment shall be levied against all Lots subject to Assessment hereunder and shall be allocated between Estate Lots and Manor Lots in the same manner used for the determination of the Base Assessments as provided in Section 9.2(b). Except as otherwise provided in this Declaration, any Special Assessment shall require the affirmative vote or written consent, or any combination thereof, of Members representing at least fifty-one percent (51%) of the total votes of the Association, and the affirmative vote or written consent of the Declarant. Notwithstanding the foregoing, during the Class "B" Control Period, the Declarant may unilaterally levy a Special Assessment. Special Assessments may be payable in such manner and at such times as determined by the Board, and may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. Section 9.4 Specific Assessments. The Association shall have the power to levy Specific Assessments against a particular Lot which is subject to Assessment as follows: (a) To cover costs incurred in bringing a Lot into compliance with the provisions of the Governing Documents; (b) to cover the costs of providing benefits, items or services not provided to all Lots, such as additional landscape maintenance, pest control service, security and transportation services; such Assessments may be levied in advance of the provisions of the requested benefit, item or service as a deposit against charges to be incurred; (c) for fines levied pursuant to the Governing Documents; (d) for damages caused to the Common Area by the Owner, his or her family, guests, tenants, invitees, contractors or employees; (e) for architectural review fees; and (f) for any other cost or expense authorized by the Governing Documents to be levied against an Owner and his or her Lot which is not part of the Base Assessment or Special Assessment. Section 9.5 Lien for Assessments. The Association shall have a lien against each Lot to secure payment of Assessments, as well as interest (subject to the limitations of Texas law), late charges, and costs of collection (including attorney's fees and costs). Such lien shall be prior and DECLARATION - PAGE 24 superior to all other liens, except (a) the liens of all taxes, bonds, assessments and other levies which by law would be superior thereto; (b) the lien or charge of any first Mortgage of record (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value recorded before the date on which the delinquent Assessment became due; and (c) the lien or charge of any construction loan for the construction of the original Residence. Such lien, when delinquent, may be enforced by suit, judgment and judicial or non-judicial foreclosure (after first obtaining a court order in an application for expedited foreclosure as prescribed by law). Although no further action is required to create or perfect the lien, the Association may, as further evidence and notice of the lien, execute and record a document setting forth as to any Lot, the amount of the delinquent sums due the Association at the time such document is executed and the fact that a lien exists to secure the repayment thereof. However, the failure of the Association to execute and record any such document shall not, to any extent, affect the validity, enforceability or priority of the lien. The lien may be foreclosed through judicial or, to the extent allowed by law, non-judicial foreclosure proceedings in accordance with Section 209.0092 and Section 51.002 et seq. of the Texas Property Code (the "Foreclosure Statute"), as it may be amended from time to time, in like manner of any deed of trust on real property. In connection with the lien created herein, each Owner of a Lot hereby grants to the Association, whether or not it is so expressed in the deed, the contract for sale or other conveyance to such Owner, a power of sale to be exercised in accordance with the Foreclosure Statute. At any foreclosure proceeding, any Person may bid for the Lot at foreclosure sale and acquire, hold, lease, mortgage and convey the Lot. If and while the Association owns the Lot following foreclosure: (i) no right to vote shall be exercised on its behalf; and (ii) no Base Assessment shall be levied on it. The Association may sue to recover a money judgment for unpaid Assessments and other charges without foreclosing or waiving the lien securing the same. The sale or transfer of any Lot shall not affect the Assessment lien or relieve such Lot from the lien for any post-sale Assessments. However, the sale or transfer of any Lot pursuant to judicial or non-judicial foreclosure of a superior lien shall extinguish the lien as to any installments of such Assessments which became due prior to such sale or transfer. Where the Mortgagee holding a superior lien of record or other purchaser of a Lot obtains title pursuant to judicial or non-judicial foreclosure of the Mortgage, it shall not be personally liable for Assessments on such Lot due prior to such acquisition of title. Such unpaid Assessments shall be deemed to be Common Expenses, collectible from Owners of all Lots, including such acquirer, its successors and assigns. Section 9.6 Date of Commencement of Assessments. The obligation to pay Assessments shall commence as to every Lot then subject to the Declaration on the first day of the month following the month in which the Board first determines a budget and levies assessments pursuant to this Article IX. The initial Base Assessment levied on each Lot shall be adjusted according to the number of months remaining in the fiscal year at the time Assessments commence on the Lot. Prior to the commencement of Assessments, Declarant shall be responsible for all operating expenses of the Association. DECLARATION - PAGE 25 Section 9.7 Capitalization of the Association. Upon the initial acquisition of record title to a Lot by the first Owner thereof other than the Declarant or a Builder, a contribution shall be made by or on behalf of the purchaser to the working capital of the Association in an amount equal to the greater of (i) one-fourth (1/4th) of the annual Base Assessment per Lot for that year, or (ii) Two Hundred and No/100 Dollars ($200.00) (the “Acquisition Assessment”). Thereafter, upon each transfer of record title to a Lot from the first Owner other than the Declarant or a Builder, a contribution shall be made by or on behalf of the purchaser to the working capital of the Association in an amount equal to the greater of (i) one-fourth (1/4th) of the Base Assessment per Lot for that year, or (ii) Two Hundred and No/100 Dollars ($200.00) (the “Resale Assessment”). The Acquisition Assessment and Resale Assessment shall be in addition to, not in lieu of, the Base Assessment levied on the Lot and shall not be considered an advance payment of any portion thereof. This amount shall be deposited into the Association’s designated account(s) and disbursed therefrom to the Association for use in covering operating expenses, capital expenditures and other expenses incurred by the Association pursuant to the terms of this Declaration and the Bylaws. Section 9.8 Exempt Property. Notwithstanding anything to the contrary herein, the following property shall be exempt from payment of Assessments: (a) all Common Area; (b) all property dedicated to and accepted by any governmental authority or public utility; (c) all property owned by persons qualifying for tax exempt status under Section 501(c) of the Internal Revenue Code of 1986 so long as such person owns property subject to this Declaration for purposes listed in Section 501(c) and who has been given a written exemption from Assessment by the Association; and (d) all property owned by the Declarant (such exemption shall terminate as to any Lots owned by the Declarant after the expiration of Declarant’s obligation to pay the budget deficits). ARTICLE X ARCHITECTURAL STANDARDS Section 10.1 General. Except as otherwise provided in this Article, no structure shall be placed, erected or installed upon any Lot and no improvements (including staking, clearing, excavation, drainage, grading and other site work, construction of all new buildings and outbuildings, construction of landscape improvements, construction of fences and walls, exterior alteration, renovation, expansion, refinishing or modification of existing improvements, change in exterior paint colors, and planting or removal of landscaping materials) (collectively, the "Work") shall take place except in compliance with this Article X and the General Architectural Provisions. Notwithstanding the above, an Owner may repaint the exterior of a structure in accordance with originally approved color scheme and rebuild in accordance with originally approved plans and specifications without first seeking approval pursuant to Section 10.3. In addition, no prior approval shall be required to remodel, repaint or redecorate the interior of DECLARATION - PAGE 26 structures on a Lot. However, modifications to the interior of screened porches, patios and similar portions of a Lot visible from outside the Lot shall be subject to prior approval in accordance with this Article. The General Architectural Provisions may provide for further exceptions to the prior approval requirement of Section 10.3. All dwellings constructed on any portion of the Property shall be designed by and built in accordance with the plans and specifications of a licensed architect or building design professional. This Article X shall not apply to the construction activities of the Declarant nor to improvements to the Common Area by or on behalf of the Association. This Article X may not be amended during the Development Period without the Declarant's prior written consent. Section 10.2 Architectural Review. The Architectural Review Board (the "ARB") shall be responsible for administration of the General Architectural Provisions and the review of all applications for original construction and any modifications, additions, or alterations to existing improvements under this Article. The members of the ARB need not be Members of the Association or representatives of Members, and may, but need not, include architects, engineers or similar professionals, whose compensation, if any, shall be established from time to time by the Board of Directors. (a) Appointment of ARB Members. The ARB shall consist of at least three (3) and no more than five (5) persons. During the Development Period, the Declarant retains the right to appoint and remove in its sole discretion all members of the ARB who may be representatives of the Declarant. There shall be no surrender of this right prior to that time except in a written instrument in recordable form executed by Declarant and recorded in the Tarrant County Deed Records. Upon the expiration of such right, the Board shall appoint the members of the ARB, who shall serve and may be removed at the sole discretion of the Board, or, alternatively, the Board may elect to act as the ARB, in which case all references in the Governing Documents to the ARB shall be construed to mean the Board. Section 10.3 Guidelines and Procedures. (a) General Architectural Provisions and Procedures. The initial design and development guidelines and application and review procedures (the "General Architectural Provisions") which shall be applicable to all construction activities within the Property are attached hereto as Exhibit "D" and incorporated by reference. Declarant shall have the sole and full authority to amend them during the Development Period unless Declarant assigns such right to the Board at an earlier time. Thereafter, the Board shall have the authority to amend the General Architectural Provisions. Any amendments to the General Architectural Provisions shall be prospective only and shall not apply or require modifications to or removal of structures previously approved once the approved construction or modification has commenced. There shall be no limitation on the scope of amendments to the General Architectural Provisions; Declarant or the Board, as appropriate, is expressly authorized to amend the General Architectural Provisions to remove DECLARATION - PAGE 27 requirements previously imposed or otherwise to make the General Architectural Provisions less restrictive. The General Architectural Provisions may contain general provisions applicable to all of the Property, as well as specific provisions which vary from one portion of the Property to another depending upon location and unique characteristics. (b) Procedures. Except as otherwise provided in this Article, no Work shall commence on any Lot until an application for approval has been submitted to and approved by the ARB IN WRITING. Such application shall be in the form required by the ARB and shall include plans and specifications ("Plans") showing the site layout, structural design, exterior elevations, exterior materials and colors, signs, landscaping, drainage, lighting, irrigation, utility facilities layout and screening therefor, and other features of proposed construction, as applicable, and the name and contact information of the Builder and its major subcontractors. The ARB may require the submission of such additional information as it deems necessary to consider any application. The Plans shall be in such form and shall contain such information as may reasonably be required pursuant to the General Architectural Provisions. The ARB may permit a Builder to submit a standard set of plans and elevations for consideration and approval with respect to multiple Lots at one time. (c) Basis of Review. In reviewing each submission, the ARB may consider (but shall not be limited to consideration of) visual and environmental impact, ecological compatibility, natural platforms and finished grade elevations, the quality of workmanship and design, harmony of external design with surrounding structures and environment, location in relation to surrounding structures and plant life, architectural merit and compliance with the general intent of the General Architectural Provisions, the general scheme of development for the Property, and any other aspect of construction, landscaping and property use that may affect the general value and appearance of the Property. The ARB may solicit comments on an application from Owners or Residents who may be affected by the proposed Work. If a building permit is required for the Work, the ARB may condition approval on the issuance of the appropriate permit. The issuance of a permit by a governmental body does not satisfy the approval requirements under this Declaration. Decisions of the ARB may be based on purely aesthetic considerations. (d) Time Period for Review. A schedule and procedures outlining the specified Plans to be submitted at specific times shall be established by the ARB and may be set forth in the General Architectural Provisions. The ARB shall, within twenty-one (21) business days after receipt of the complete and final submission of Plans, advise the party submitting the same, in writing, at an address specified by such party at the time of submission of (i) the approval of Plans or (ii) the disapproval of Plans, specifying the segments or features of the Plans which are objectionable and suggestions, if any, for the curing of such objections. If the ARB fails to respond within twenty-one (21) business days after the actual date on which a complete and final (as determined by the ARB in its sole discretion) submission is received, the applicant may give the ARB written notice of such failure to respond, stating that, unless the ARB responds within fourteen (14) business days of receipt of such notice, approval of the matters submitted shall be presumed. (e) Appeal. On or before ten (10) days after applicant’s receipt of the ARB’s disapproval of Plans, the applicant may appeal the ARB’s decision to the Board by delivering to DECLARATION - PAGE 28 the Association a written request for appeal. Upon the applicant’s timely request for an appeal, the Board shall consider the appeal in executive session of the Board within thirty (30) days of the Association’s receipt of the appeal. The applicant and/or its representative shall be given at least ten (10) days’ notice of the session and shall be given a reasonable opportunity to be heard during the session. The Board may permit the ARB, Owners, builders, architects, engineers or similar professionals, to attend the session and/or provide information to assist the Board in discharging its duties hereunder. The applicant shall reimburse the Association for reasonable compensation paid by the Association to any such professional to attend or provide assistance to the Board in making a decision on an appeal hereunder. The Board shall make a decision on the appeal and notify the applicant of the Board’s decision within ten (10) days of the conclusion of the session. If the Board fails to timely hold the session or to timely notify the applicant of the Board’s decision, the matters which are the subject of the appeal shall be deemed approved. (f) Notice. Notice shall be deemed to have been given at the time the envelope containing such notice, properly addressed and postage prepaid, is deposited with the United States Postal Service, registered or certified mail, return receipt requested. Personal or electronic delivery of such written notice shall also be sufficient and shall be deemed to have been given at the time of delivery or electronic transmission with verification of receipt. (g) Commencement and Completion of Work. All work for which final Plans have been approved by the ARB shall commence within nine (9) months of final approval and shall be completed within eighteen (18) months of commencement of construction or such shorter period as the ARB may specify in the notice of approval, unless completion within such time is delayed due to causes beyond the reasonable control of the Owner, as determined in the sole discretion of the ARB. If construction is not timely commenced or completed, the ARB may, in addition to any other remedies provided in the Governing Documents, require the re-submission of Plans prior to the continuation or commencement of construction. (h) Owner’s Right to Build. The fact that construction of a Residence may not commence or be completed for a period of months or years does not diminish or extinguish an Owner’s right to construct a Residence or other improvements on a Lot. Neighboring Owners to a vacant Lot acquire no right to the continued existence of a vacant Lot during the period of inactivity. Section 10.4 No Waiver of Future Approvals. The ARB's approval of any Plans for any Work done or proposed, or in connection with any other matter requiring the approval and consent of the ARB, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar Plans or other matters subsequently or additionally submitted for approval. Section 10.5 Variances. The ARB may authorize variances from compliance with the General Architectural Provisions and any required procedures when circumstances such as topography, natural obstructions, hardship or aesthetic or environmental considerations so require. Such variances must be consistent with the overall objectives of the General Architectural Provisions as determined by the ARB in its sole discretion. Such variances shall not, however, (i) be effective unless in writing; (ii) be contrary to the restrictions set forth in this DECLARATION - PAGE 29 Declaration; (iii) adversely affect adjoining property (as determined by the ARB in its sole discretion); or (iv) estop the ARB from denying a variance in other circumstances. For purposes of this Section, the inability to obtain approval of any governmental agency, the issuance of any permit, or the terms of any financing shall not constitute hardships. Section 10.6 Limitation of Liability. Review and approval of any application pursuant to this Article X is made on the basis of aesthetic considerations only, and the ARB shall not bear any responsibility for ensuring (i) structural integrity or soundness of approved construction or modifications, (ii) compliance with building codes and other governmental requirements, or (iii) conformity of quality, value, size or design among Lots. The ARB’s approval of any Plans shall not be construed as representing, implying or covenanting that (i) any improvements will be built in accordance with the approved Plans; (ii) any improvements built in accordance with approved Plans are or will be built in a good and workmanlike manner or are or will be free from defects or problems; and (iii) approved Plans are complete, accurate or adequate, or satisfy applicable requirements of the Town. Neither the Declarant, the Association, the Board, the ARB, nor member of any of the foregoing, shall be held liable for any defects or inadequacies in the Plans, the failure of approved Plans to comply with the applicable requirements of the Town, any defects in or inadequacies with any improvements constructed pursuant thereto, including, without limitation, any drainage or foundation problems, or for any injury, damages or loss arising out of the manner or quality of approved construction on or modifications to any Lot. Section 10.7 Fees; Assistance. The Board may establish and charge reasonable fees for review of applications hereunder and may require such fees to be paid in full prior to review of any application. Such fees may include the reasonable costs incurred in having any application reviewed by architects, engineers or other professionals, although nothing shall be construed herein as requiring the review of applications by such professionals. Design review fees may be charged for each standard set of plans submitted by a Builder for multiple Lots. Section 10.8 Construction Deposit. In order to insure an Owner's compliance with this Declaration, the General Architectural Provisions and the rules and regulations promulgated thereunder, each Owner of a Lot (other than Declarant) shall pay to the Association a construction deposit, in an amount established by the Board from time to time, upon the Owner's submission of final plans and specifications for the construction or modification of an improvement under this Article. This deposit is in addition to any such deposit required under a separate agreement between a Builder and Declarant. In the event the ARB disapproves of the final plans and specifications, the Association shall promptly return the construction deposit (less any outstanding plan review fees) to said Owner upon receipt of the Owner's written request to do so. If said plans and specifications are approved, the entire construction deposit shall be held by the Association until construction of the improvement is completed in accordance with the approved plans as determined by the Board in its sole discretion. The Association shall release the construction deposit to the Owner, less any funds expended or reserved by the Association pursuant to this Section, within thirty (30) days of receipt of written notice from the Owner of completion of the improvement. The Association may, without waiving any other remedy provided by this Declaration or DECLARATION - PAGE 30 by law, draw upon the construction deposit or withhold the release of the deposit as necessary to cover, among other things (i) any plan review fees; (ii) the cost or anticipated cost to repair damage to the Common Area caused by the Owner, his contractors, subcontractors, agents or employees; (iii) the cost or anticipated cost to perform the care, maintenance or repairs required to be performed by an Owner pursuant to this Declaration and any rules promulgated thereunder; (iv) the cost or anticipated cost to restore an Owner's Lot to a condition existing prior to the commencement of nonconforming work (including, without limitation, the demolition and removal of any unapproved or nonconforming improvement); and (v) monetary fines levied against the Owner for violations of the Governing Documents. If any part of the construction deposit is applied by the Association, the Owner shall, immediately upon demand, deposit with the Association a sum equal to the amount so applied in order to restore the construction deposit to its original amount. Section 10.9 Enforcement. Any Work performed in violation of this Article X or the General Architectural Provisions shall be deemed nonconforming. Upon written request from the Board, the Declarant or the ARB, Owners shall, at their own cost and expense, cure such nonconforming Work or remove such structure or improvement and restore the Lot to substantially the same condition as existed before the nonconforming Work. Should an Owner fail to remove or restore as required hereunder, the Declarant, the Association or their designees, shall have the right to enter the Lot and remove or cure the violation. All costs, together with the interest at the maximum rate then allowed by law, may be assessed against the nonconforming Lot and collected as a Specific Assessment pursuant to Section 9.4. In the event that any Person fails to commence and diligently pursue to completion all approved Work, Declarant or the Association shall be authorized, after providing notice and an opportunity to cure to the Owner, to enter upon the Lot and remove or complete any incomplete Work and to assess all costs incurred against the Lot and the Owner thereof as a Specific Assessment pursuant to Section 9.4. In addition to the foregoing, the Association and Declarant shall have the authority and standing to pursue all legal and equitable remedies available to enforce the provisions of this Article X and the decisions of the ARB. Section 10.10 Approved Builder Group and Approved Builder. (a) Only Builders who have qualified for inclusion into the Approved Builder Group may construct or build a Residence within the Property. In order to qualify for admission into the Approved Builder Group, the Builder must submit an application to the ARB and receive written approval from the ARB for inclusion or admission into the Approved Builder Group (a Builder who is a member of the Approved Builder Group is referred to in this Declaration as an "Approved Builder"). Such application shall be in the form required by the ARB and shall include, without limitation, evidence that: (i) the Builder holds a current certificate of registration with the Texas Residential Construction Commission under Chapter 416 of the Texas Property Code; (ii) the Builder maintains a Master Builder Certification from the National Association of Homebuilders or its professional equivalent; (iii) the Builder is adequately insured; and (iv) the Builder has constructed and sold a minimum of five (5) homes valued at more than DECLARATION - PAGE 31 $1,000,000.00. The Builder shall also be required to provide to the ARB the name, address and telephone numbers of its owners (if privately owned), or its principal officers (if publicly traded), at least three (3) client referrals and one (1) bank reference. The ARB may require the submission of such additional information as it deems necessary to consider an application as an Approved Builder. Status as an Approved Builder is non-transferable. In the event that the person or persons who own or have voting control of 50% or more of the Approved Builder at the time of admission to the Approved Builder Group cease to own or control the Approved Builder, the Approved Builder shall lose its status as an Approved Builder and must reapply to be eligible to construct Residences in the Property. In the event that the an Approved Builder has failed to obtain a building permit to construct a Residence within the Property within any consecutive twelve (12) month period, that Approved Builder’s status as an Approved Builder shall be suspended until such time as the Builder applies for reinstatement by submitting such information as the ARB may require. If, for any reason, there is no Approved Builder Group in place or in existence, then no Builder may construct a Residence within the Property unless and until it has received written authorization from the ARB that it is considered an Approved Builder. If any Owner desires that a Builder other than a Builder in the Approved Builder Group construct a Residence: (i) the Owner and Builder must submit an application to the ARB for permission to construct a Residence; (ii) the Builder must then receive written approval or permission from the ARB to construct a Residence; and (iii) the Builder must meet any and all requirements set by the ARB. In reviewing an application for Approved Builder status, the ARB may consider (but shall not be limited to consideration of), the Builder’s financial stability, construction experience, years in business, professional licensing, professional awards and achievements, proven record of superior workmanship and quality of design, customer satisfaction, and commitment to warranty programs. The ARB’s selection criteria may be based upon purely subjective considerations. (b) Any contractor, subcontractor, agent, employee or other invitee of an Owner who fails to comply with the terms and provisions of this Declaration may be excluded by the Board from further construction activity within the Property. Any Approved Builder who fails to comply with the terms and provisions of this Declaration may lose its status as an Approved Builder and be excluded from the Approved Builder Group. In such event, the Association, its officers and directors shall not be held liable to any Person for exercising the rights granted by this Section. (c) The ARB may remove an Approved Builder from the Approved Builder Group if the ARB determines, after notice and an opportunity for a hearing are provided to the Approved Builder, that the Approved Builder fails to meet the then existing requirements for admission into the Approved Builder Group, or the Approved Builder is in violation of the Governing Documents, including the failure to submit plans to the ARB for approval or the failure to construct improvements in accordance with approved plans. If removed from the Approved Builder Group, the Builder may complete construction of any Residence for which construction had commenced, but shall not commence any new construction without the ARB’s written approval. DECLARATION - PAGE 32 Section 10.11 Builder Performance. Neither the Association, the ARB, the Declarant, nor any affiliate of the Declarant, as hereinafter defined, are a co-venturer, partner, agent, employer, stockholder or affiliate of any kind of or with any Builder, nor is any Builder an agent of the Declarant or an affiliate of the Declarant. Therefore, the Association, the ARB, the Declarant and affiliates of Declarant shall not be responsible for, or guarantors of, performance by any Builder of all or any of its obligations to any Owner pursuant to any contracts for the sale or construction of a Residence or otherwise. Neither the Association, the ARB, or the Declarant nor any affiliates of the Declarant has made, or have made, any warranty or representation with respect to performance by any Builder under any contract or otherwise. Such Owner acknowledges and agrees that neither the Association, the ARB, the Declarant nor any affiliate of the Declarant share any liability or obligation to Owner, related to or arising out of any contract with a Builder or otherwise, by reason of any failure by a Builder fully and adequately to perform its obligations to Owner. Owner further acknowledges and agrees that Owner has not, in entering into any contract with a Builder, relied upon any representations, oral or written, of the Association, the ARB, the Declarant or any affiliate of the Declarant or any salesperson. Section 10.12 Notice of Violation. To evidence any violation of the Governing Documents as to a particular Lot, the Board may file in the Deed Records of Tarrant County, Texas, a notice of violation setting forth (i) the violation, (ii) the name of the Owner and Lot, and (iii) a sufficient legal description of the Lot. Such notice shall be signed and acknowledged by an officer or duly authorized agent or attorney of the Association. The cost of preparing and recording such notice may be assessed against the non-conforming Lot and collected as a Specific Assessment pursuant to Section 9.4. ARTICLE XI USE RESTRICTIONS Section 11.1 General. The Property shall be used only for single-family residential and related purposes (which may include, without limitation, an information center and/or a sales office for any real estate broker retained by Declarant to assist in the sale of any portion of the Property, offices for any property manager, or business offices for Declarant or the Association) consistent with the Governing Documents. Section 11.2 Occupants Bound. All provisions of the Governing Documents which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all occupants, guests, and invitees of any Lot. Every Owner shall cause all occupants, guests, and invitees of his or her Lot to comply with the Governing Documents. Every Owner shall be responsible for all violations and losses to the Common Area or another Owner’s Lot caused by such occupants, guests, and invitees, notwithstanding the fact that such Persons are fully liable and may be sanctioned for any such violation or loss. In addition to any other remedy available to the Association under the Governing Document or by law, the Association may deny, suspend or restrict access to the Property by guests or invitees, including contractors and subcontractors, who violate the Governing Documents. DECLARATION - PAGE 33 Section 11.3 Signs. Except for signs of the Declarant and the Association, no sign of any kind shall be displayed to the public view on the Common Area without the prior written approval of the ARB. No signs of any kind shall be displayed to the public view on a Lot except for the following: (i) one (1) sign of not more than five (5) square feet advertising a Lot for sale (for lease signs are strictly prohibited); (ii) signs used by the Declarant or by a Builder to advertise the Property during the Development Period, including entry, directional and advertising signs; (iii) political signs not exceeding four (4) feet by six (6) feet in size advocating the election of one or more political candidates or the sponsorship of a political party, issue or proposal (but no more than one such sign for each candidate or ballot item) provided that such signs are ground-mounted, and are not erected more than ninety (90) days in advance of the election to which they pertain and are removed within ten (10) days after the election, and do not violate any of the provisions of Section 202.009(c) of the Texas Property Code; (iv) personal signs indicating school affiliations, social events, birth announcements and similar type signs provided they are removed after a reasonable period of time following installation; and (v) two signs not exceeding one square foot in size each indicating that a Residence is monitored by a security company. No sign may be displayed in a window of a Residence. The Association shall have the right to remove any sign, billboard or other advertising structure that does not comply with the Governing Documents or which, in the Board’s sole discretion, are unsuitable for the community, and in so doing shall not be subject to any liability for trespass or any other liability in connection with such removal. If permission is granted to any Person to erect a sign upon the Common Area, the ARB reserves the right to restrict the size, color, lettering and placement of such sign. The Board and the Declarant shall have the right to erect signs as they, in their discretion, deem appropriate. Section 11.4 Parking and Prohibited Vehicles. (a) Parking on Streets. Parking on the streets overnight is prohibited. Without the ARB’s prior written approval, the original garage area of a Lot may not be enclosed or used for any purpose that prohibits the parking of two (2) standard size operable vehicles therein. Garage doors are to be kept closed at all times except when a vehicle is entering or exiting. Except as provided in Section 11.4(b) below, vehicles must be parked in the garage or on the driveway. (b) Prohibited Vehicles. Commercial vehicles, vehicles exceeding ½ ton, vehicles with commercial writing on their exteriors, vehicles primarily used or designed for commercial purposes, golf carts, stored vehicles, inoperable vehicles, tractors, mobile homes, recreational vehicles, trailers (either with or without wheels), campers, camper trailers, shall be parked only in enclosed garages. Boats and other water craft, watercraft trailers and recreational vehicles may be parked on a Lot provided that they are completely screened from view from any other Lot, street or Common Area. For purposes of this Section, a vehicle shall be considered "stored" if it is put up on blocks or covered with a tarpaulin and remains on blocks or so covered for fourteen (14) consecutive days. For purposes of this Section, a vehicle shall be considered "inoperable" if it is obviously not capable of being operated as a vehicle or if it does not have current registration or operating licenses. Notwithstanding the above, service and delivery vehicles may be parked in the Property for such period of time as is reasonably necessary to provide service or DECLARATION - PAGE 34 to make a delivery to a Lot or the Common Area. Any vehicle parked in violation of this Section or parking rules promulgated by the Board may be towed at the vehicle owner’s expense. Section 11.5 Animals and Pets. No animals, livestock or poultry of any kind shall be raised, bred or kept on any portion of the Property, except that dogs, cats or other usual and common domesticated household pets may be permitted on a Lot in such numbers as permitted by the ordinances of the Town. Notwithstanding the above, those pets which are permitted to roam free or, in the sole discretion of the Board, endanger the health, make objectionable noise or constitute a nuisance or inconvenience to the occupants of other Lots shall be removed upon request of the Board. If the pet owner fails to honor such request, the Board may remove the pet. Dogs shall be kept on a leash or otherwise confined whenever outside the Residence or the enclosed portion of the Lot. The pet owner is responsible for the removal of his or her pet’s waste from the Property in accordance with the Town’s ordinances. Structures designed to keep or contain pets, including dog houses, animal pens, dog runs and the like, must be placed in a location on the Lot that is not visible from outside the Lot. Section 11.6 Quiet Enjoyment. Nothing shall be done or maintained on any part of a Lot which emits foul or obnoxious odors outside the Lot or creates noise or other conditions which tend to disturb the peace, quiet, safety, comfort or serenity of the occupants of other Lots. There shall not be maintained any plants or animals or device or things of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of the Property. Section 11.7 Unsightly or Unkempt Conditions. All portions of a Lot outside of enclosed structures shall be kept in a clean and tidy condition at all times. Nothing shall be done, maintained, stored or kept outside of enclosed structures on a Lot which, in the determination of the Board, causes an unclean, unhealthy or untidy condition to exist or is obnoxious to the senses. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly or unkempt conditions, shall not be pursued or undertaken on any part of the Property. Notwithstanding the above, the disassembly and assembly of motor vehicles to perform repair work shall be permitted provided such activities are not conducted on a regular or frequent basis and are conducted entirely within an enclosed garage. No person shall dump grass clippings, leaves or other debris, petroleum products, fertilizers or other potentially hazardous or toxic substances in any drainage ditch, street or gutter, or anywhere on the Common Area. Such materials shall not be disposed of on any portion of the Property without the prior permission of the owner thereof. Section 11.8 Antennas. No exterior antennas, aerials, satellite dishes or other apparatus for the transmission of television, radio, satellite or other signals of any kind shall be placed, allowed or maintained upon any portion of the Property. Notwithstanding the foregoing (i) antennas or satellite dishes designed to receive video programming services via multi-point distribution services which are one (1) meter or less in diameter or diagonal measurement; (ii) antennas or satellite dishes designed to receive direct broadcast satellite service which are one DECLARATION - PAGE 35 meter or less in diameter; or (iii) antennas or satellite dishes designed to receive television broadcast signals \[(i), (ii) and (iii) are collectively referred to as "Permitted Devices"\] shall be permitted to be placed on a Lot provided that any such Permitted Device is placed in the least conspicuous location on the Lot at which an acceptable quality signal can be received and such Permitted Device is not visible from neighboring property or is screened from the view of adjacent Lots in a manner consistent with the Community-Wide Standard and the General Architectural Provisions. Section 11.9 Garbage Cans, Tanks, etc. All garbage cans, above-ground storage tanks, mechanical equipment and other similar items on Lots shall be located or screened so as to be concealed from view of neighboring Lots, streets and property located adjacent to the Lot. All rubbish, trash and garbage shall be stored in appropriate containers approved pursuant to Article X. All rubbish, trash and garbage shall regularly be removed from the Property and shall not be allowed to accumulate. Garbage and trash cans may be placed at the curbside or other designated pickup location not more than twenty-four (24) hours prior to the pickup time and must be removed within twelve (12) hours after pickup. Section 11.10 Subdivision and Time Sharing. No Lot shall be subdivided into two or more Lots, nor shall two or more Lots be combined into a single Lot, nor shall a Lot have its boundary lines changed after the subdivision plat has been approved and recorded except with the prior written approval of the Board. Declarant, however, hereby expressly reserves the right to subdivide, change the boundary line of and re-plat any Lot(s) owned by Declarant. Notwithstanding the combination of two or more Lots into a single Lot, the voting rights and the assessment obligation of the Owner of the combined Lot(s) shall be based upon the number of Lots originally comprising the Lot as shown on the original approved and recorded subdivision plat of the portion of the Property including such Lots. No Lot shall be made subject to any type of timesharing, fraction-sharing or similar program whereby the right to exclusive use of the Lot rotates among members of the program on a fixed or floating time schedule over a period of years. Section 11.11 Firearms. The discharge of firearms and use of bows and arrows within the Property is prohibited. The term "firearms" includes "B-B" guns, pellet guns and other firearms of all types, regardless of size. Notwithstanding anything to the contrary contained in the Governing Documents, the Association shall not be obligated to take action to enforce this Section. Violations should be reported to the local police authorities. Section 11.12 Pools. No above-ground swimming pools shall be erected, constructed or installed on any Lot. Jacuzzis, whirlpools, hot tubs or spas approved pursuant to Article X shall not be considered an above-ground pool for the purposes of this Section. Section 11.13 Irrigation. No sprinkler or irrigation systems of any type installed by a Builder on a Lot shall be modified by a non-Builder Owner unless prior written approval has been received from the Board or its designee. Each Owner must install and maintain a central sprinkler system on his or her Lot. DECLARATION - PAGE 36 Section 11.14 Tents, Sheds, Mobile Homes and Structures. Except as otherwise permitted by this Declaration, no tent, shack, mobile home, storage shed, greenhouse or similar structure, whether temporary or permanent, shall be placed upon a Lot in a location that is visible from outside the Lot. Party tents or similar temporary structures may be erected for a limited period of time for special events with prior written approval of the Board. Except as may be permitted by the Declarant or the ARB during initial construction within the Property, no thing or structure on a Lot may be occupied as a Residence at any time by any Person other than a structure which has been issued a Certificate of Occupancy by the Town. This provision applies, without limitation, to the garage, mobile homes, campers, trailers, recreational vehicles, and storage sheds. Section 11.15 Grading, Drainage and Septic Systems. No Person shall alter the grading or drainage of any Lot without prior approval pursuant to Article X of this Declaration. No Person other than Declarant may obstruct or re-channel the drainage flows after location and installation of drainage swales, storm sewers or storm drains. The Declarant hereby reserves for itself and the Association a perpetual easement across the Property for the purpose of altering drainage and water flow. However, the exercise of such an easement shall not materially diminish the value of or unreasonably interfere with the use of any adjacent property without the Owner's consent. Septic tanks and drain fields, other than those installed by or with the consent of the Declarant or required by the Town, are prohibited within the Property. Section 11.16 Removal of Plants and Trees. No trees or shrubs, except for those which are diseased or dead or create a safety hazard, shall be removed except by the Declarant or in strict compliance with the General Architectural Provisions. In the event of an intentional or unintentional violation of this section, the violator may be required by the ARB to replace the removed tree with one or more comparable trees of such size and number and in such locations as the ARB may determine necessary, in its sole discretion, to mitigate the damage. Section 11.17 Utility Lines. No overhead utility lines, including lines for cable television, shall be permitted within the Property, except for temporary lines as required during construction and high voltage lines. Section 11.18 Air-Conditioning Units; Solar Energy Devices. No window air- conditioning units may be installed in any Lot. Solar energy devices must be approved in accordance with the General Architectural Provisions and Article X of this Declaration. Section 11.19 Lighting. Except for traditional holiday decorative lights, which may be displayed for one (1) month prior to and one (1) week after any commonly recognized holiday for which such lights are traditionally displayed, all exterior lights must be approved in accordance with the General Architectural Provisions and Article X of this Declaration. Section 11.20 Exterior Sculpture and Similar Items. No artificial vegetation, permanent or temporary flagpoles, exterior sculpture, windmills, fountains, birdhouses, birdbaths, other decorative embellishments, or similar items, shall be permitted unless in compliance with Article X of this Declaration and the General Architectural Provisions unless (i) the item is expressly permitted by this Declaration, or (ii) the item is placed within a fenced yard, the item is no taller DECLARATION - PAGE 37 than the fence, and the fence blocks the view of the item at eye level. Section 11.21 Flags. The United States flag, the Texas state flag and/or an official or replica flag of any branch of the United States armed forces may be displayed provided that they are displayed in accordance with the Rules and Regulations and the General Architectural Provisions. No other type of flag, pennant, banner, kite, or similar items of display is permitted on a Lot if the display is visible from a street or Common Area. Section 11.22 Religious Displays. One or more religious items may be displayed or affixed to the entry of a Residence provided that such item is displayed or affixed in accordance with the Rules and Regulations and the General Architectural Provisions. Notwithstanding the foregoing, in displaying a religious item, an Owner or Resident may not use a material or color for an entry door or door frame of the Owner’s or Resident’s dwelling or make an alteration to the entry door or door frame without the prior written approval of the ARB. Section 11.23 Playground and Recreational Equipment. No jungle gyms, swing sets, basketball hoops or backboards, playground equipment, tennis courts or such other recreational equipment shall be erected or installed on any Lot unless in compliance with Article X of this Declaration and the General Architectural Provisions. Any temporary basketball hoops or backboards permitted by the Board must be stored out of sight of neighboring property when not in use. Any playground or other play areas or equipment erected within the Property shall be used at the risk of the user. The Association shall not be held liable to any Person for any claim, damage or injury occurring thereon or related to use thereof. Section 11.24 Fences. (a) Height and Location. The height of fences must not exceed 6 feet. (b) Transitions. Fences that adjoin or connect must appear to be the same height or must be designed and constructed with transitions between the differing heights to reduce the appearance and effect of the height change. (c) Finish Side “Out”. All fences that are visible from a street, a Common Area, or a neighboring development must have a “finished side” appearance on the outward face of the fence. (d) Condition. Each Owner must maintain the fences and gates on his or her Lot in a condition and appearance that is standard for the neighborhood. (e) Permitted Materials. Fences must be made of the style, quality, color and type that are standard for the Property, or made of another ARB-approved material. Barbed wire and chain link fencing are prohibited. Railroad ties may not be used for a retaining wall. (f) Fence Color. All fence colors must be approved by the ARB. (g) Uniformity. Notwithstanding anything to the contrary in any instrument DECLARATION - PAGE 38 pertaining to the Property or elsewhere in this Declaration, the ARB may require that all fences along a particular stretch within the Property, such as along or visible from a road or Common Area, be uniform in height, color, material, and appearance, including use of a particular color. Further, the ARB may require certain treatments for transitions between fences and at changes in grade or elevation. (h) Fences Along Common Area. Declarant reserves the right for itself and for the ARB to establish and publish detailed specifications for fences on or along the sides of Lots that abut Common Area within the Property. If no such specifications are published, the fences will be wood split rail. (i) Fences on Lots Abutting Lakes. Declarant reserves the right for itself and for the ARB to establish and publish detailed specifications for fences on or along the sides of Lots that abut a lake, pond or stream within the Property. If no such specifications are published, fences are not permitted along the portion of the Lot abutting the lake, pond, or stream. Fences along the side boundary line of a Lot that abuts a lake, pond, or stream must be cast iron. (j) Fences By Declarant or Builder. The ARB may authorize variations of this Section’s requirements for fences constructed by the Declarant or by Builders in connection with new home construction during the Development Period. Any fence installed by Declarant is deemed to have been approved by the ARB. Section 11.25 Business Use. No business, trade or similar activity may be conducted in or from any Lot, except that an Owner or occupant residing in a Lot may conduct business activities within the Lot so long as (i) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Lot, (ii) the business activity conforms to all zoning requirements for the Property and is ancillary to the primary use of the home as a residence, (iii) the business activity does not noticeably increase the level of vehicular or pedestrian traffic or the number of vehicles parked in the Property, (iv) the business activity does not involve door-to-door solicitation of residents of the Property, and (v) the business activity is consistent with the residential character of the Property and does not constitute a nuisance or a hazardous or offensive use, or threaten the security or safety of other residents of the Property, as may be determined in the sole discretion of the Board. The terms "business" and "trade" as used in this provision, shall be construed to have their ordinary, generally accepted meanings and shall include, without limitation, any occupation, work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation or other form of consideration, regardless of whether (i) such activity is engaged in full or part time, (ii) such activity is intended to or does generate a profit, or (iii) a license is required. Notwithstanding the above, the leasing of a Lot in compliance with Section 11.26 of this Declaration shall not be considered a business or trade within the meaning of this Section. The Association may also adopt Rules regarding the use of a Lot for garage sales, yard sales, estate sales, rummage sales and/or similar temporary sales activities, including Rules limiting the DECLARATION - PAGE 39 frequency, location, and signage relating to such activities. Sales activities that are conducted in accordance with such Rules shall not be considered a business or trade within the meaning of this Section. This Section shall not apply to any activity conducted by the Declarant or a Builder approved by the Declarant with respect to its development and sale of the Property or its use of any Lots which it owns within the Property. Section 11.26 Leasing of Lots. "Leasing", for purposes of this Declaration, is defined as regular, exclusive occupancy of a Lot by any person, other than the Owner for which the Owner receives any consideration or benefit, including, but not limited to, a fee, service, gratuity or emolument. All Leases shall be in writing. Lots may be leased only in their entirety. No fraction or portion may be leased. There shall be no subleasing of Lots or assignment of leases unless prior written approval is obtained from the Board. No transient tenants may be accommodated in a Lot. All leases shall be in writing and shall be for an initial term of no less than twelve (12) months, except with the prior written consent of the Board. Notice of any lease, together with such additional information as may be required by the Board, shall be given to the Board by the Owner within ten (10) days of execution of the lease. The Owner must make available to the lessee copies of the Governing Documents. In the event of a tenant’s violation of the Governing Documents, the Owner is responsible for his or her tenant’s compliance. If the Owner fails or refuses to enforce his or her tenant’s compliance, the Association may pursue the remedies of a landlord under the lease and state law for the default, including eviction of the tenant. The Owner is liable to the Association for any expenses incurred by the Association in connection with enforcement of the Governing Documents against the Owner’s tenant. The Board may adopt reasonable rules regulating leasing and subleasing. Section 11.27 Laws and Ordinances. Every Owner and occupant of any Lot, their guests and invitees, shall comply with all laws, statutes, ordinances and rules of federal, state and municipal governments applicable to the Property. Any violation may be considered a violation of this Declaration. However, the Board shall have no obligation to take action to enforce such laws, statutes, ordinances and rules. Section 11.28 Single Family Occupancy. No Residence shall be occupied by more than a single family. For purposes of this restriction, a single family shall be defined as any number of persons related by blood, adoption or marriage living with not more than one person who is not so related as a single household unit, or no more than two persons who are not so related living together as a single household unit, and the household employees of either such 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 persons under the age of eighteen (18) over whom such persons have legal authority. Section 11.29 Window Treatments. All window treatments within a Residence that are visible from the street or another Residence must be maintained in good condition and must not detract from the appearance of the Property. The ARB may require an Owner to change or remove a window treatment that the ARB determines to be inappropriate or unattractive. The ARB may prohibit the use of certain colors or materials for window treatments. DECLARATION - PAGE 40 Section 11.30 Wetlands, Lakes and Other Water Bodies. All wetlands, lakes, ponds and streams within the Property, if any, shall be aesthetic amenities only. Except for fishing, swimming, and use of non-motorized boats, no other use thereof is permitted, including, without limitation, water skiing, motorized boating or jet skiing, without the prior approval of the Board. The Association shall not be responsible for any loss, damage or injury to any person or property arising out of the authorized or unauthorized use of lakes, ponds or streams within the Property. The Association shall not be responsible for stocking any lake, pond or stream with fish. No docks, piers or other structures shall be constructed on or over any body of water within the Property, except such as may be constructed by the Declarant or the Association. This Section 11.30 shall not apply to prohibit use by the Association or the Declarant of lakes, ponds, or streams within the Property for irrigation of the Common Area. Section 11.31 On-Site Fuel Storage. No on-site storage of gasoline, heating or other fuels shall be permitted on any part of the Property. However, up to five (5) gallons of fuel may be stored on each Lot for emergency purposes and operation of lawn mowers and similar tools or equipment and the Association shall be permitted to store fuel for operation of maintenance vehicles, generators and similar equipment. ARTICLE XII MORTGAGEE PROVISIONS The following provisions are for the benefit of holders of First Mortgages on Lots in the Property. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 12.1 Notices of Action. An institutional holder, insurer or guarantor of a First Mortgage who provides a written request to the Association (such request to state the name and address of such holder, insurer or guarantor and the Lot number, therefore becoming an "Eligible Mortgage Holder") will be entitled to timely written notice of: (a) any condemnation loss or any casualty loss which affects a material portion of the Property or which affects any Lot on which there is a First Mortgage held, insured or guaranteed by such Eligible Mortgage Holder; (b) any delinquency in the payment of Assessments or charges owed by an Owner of a Lot subject to the Mortgage of such Eligible Mortgage Holder, where such delinquency has continued for a period of sixty (60) days; provided, however, notwithstanding this provision, any holder of a First Mortgage, upon request, is entitled to written notice from the Association of any default in the performance by the Owner of the encumbered Lot of any obligation under the Declaration or Bylaws of the Association which is not cured within sixty (60) days; or (c) any lapse, cancellation or material modification of any insurance policy maintained by the Association. 12.2 No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the First Mortgagee of DECLARATION - PAGE 41 any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Area. 12.3 Notice to Association. Upon request, each Lot Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Lot. 12.4 Other Provisions for Mortgagees. To the extent possible under Texas law: (a) Any restoration or repair of the Property after a partial condemnation or damage due to an insurable hazard shall be performed substantially in accordance with this Declaration and the original plans and specifications unless the approval is obtained of the Eligible Mortgage Holders of First Mortgages on Lots to which at least fifty-one percent (51%) of the votes of Lots subject to Mortgages held by such Eligible Mortgage Holders are allocated. (b) Any election to terminate the Association after substantial destruction or a substantial taking in condemnation shall require the approval of the Eligible Mortgage Holders of First Mortgages on Lots to which at least fifty-one percent (51%) of the votes of Lots subject to Mortgages held by such Eligible Mortgage Holders are allocated. 12.5 Amendments by Board. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. 12.6 Failure of Mortgagee to Respond. Any Mortgagee who receives a written request from the Board to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the Mortgagee within thirty (30) days of the date of the Association's request; provided such request is delivered to the Mortgagee by certified or registered mail, return receipt requested. 12.7 Applicability of Article XII. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws or Texas law for any of the acts set out in this Article. ARTICLE XIII EASEMENTS Section 13.1 Easements of Encroachment. There shall be reciprocal appurtenant easements of encroachment and for maintenance and use of any permitted encroachment, between each Lot and any adjacent Common Area and between adjacent Lots due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed or altered thereon (in accordance with the terms of these restrictions) to a distance of not more than three feet, as measured from any point on the common boundary along a line perpendicular to such boundary. However, in no event shall an easement for encroachment exist if such DECLARATION - PAGE 42 encroachment occurred due to willful and knowing conduct on the part of, or with the knowledge and consent of the Person claiming the benefit of such easement. Section 13.2 Easements for Utilities, etc. There are hereby reserved unto Declarant, during the Development Period, and to the Association and the designees of each (which may include, without limitation, Tarrant County, Texas, and any utility) access and maintenance easements upon, across, over and under all of the Property (but not through a structure) to the extent reasonably necessary for the purpose of replacing, repairing and maintaining cable systems, fiber-optic systems, security and similar systems, roads, walkways, drainage systems, street lights, signage and all utilities, including, but not limited to, water, sewers, meter boxes, telephone, gas and electricity and for the purpose of installing any of the foregoing on property which it owns or within easements designated for such purposes on recorded plats of the Property. Notwithstanding anything to the contrary herein, these easements shall not entitle the holders to construct or install any of the foregoing systems, facilities or utilities over, under or through any existing Residence on a Lot and any damage to a Lot resulting from the exercise of these easements shall promptly be repaired by, and at the expense of, the Person exercising these easements. The exercise of these easements shall not unreasonably interfere with the use of any Lot. Without limiting the generality of the forgoing, there are hereby reserved for the local water supplier, electric company, and natural gas supplier easements across all the Common Area for ingress, egress, installation, reading, replacing, repairing and maintaining utility meters and boxes. However, the exercise of this easement shall not extend to permitting entry into the Residence on any Lot. Notwithstanding anything to the contrary contained in this Section, no sewers, electrical lines, water lines or other utilities may be installed or relocated on the Property except as may be approved by the Board or as provided by Declarant. Section 13.3 Right of Entry. The Association shall have the right, but not the obligation, to enter upon any Lot for emergency, security and safety reasons, to perform maintenance pursuant to Article V hereof, and to inspect for the purpose of ensuring compliance with the Governing Documents. Except in an emergency situation (i.e. imminent damage to or loss of life or property), entry shall only be during reasonable hours and after notice to the Owner. This right of entry shall include the right of the Association to enter upon a Lot to cure any condition which may increase the possibility of a fire or other hazard in the event an Owner fails or refuses to cure the condition within a reasonable time after requested by the Board, but shall not authorize entry into any Residence without permission of the Owner except by emergency personnel acting in their official capacities. The easement granted hereunder shall not create an obligation or duty on the part of Declarant or the Association to provide for the safety or security within the Property. In exercising this easement right, neither the Declarant nor the Association shall be liable to the Owner for trespass. Section 13.4 Easement for Entry Features. The Association is hereby granted a perpetual easement (the “Entry Feature Easement”) over each Lot that abuts or contains a portion of the Property’s formal entrances, for the purposes stated in this Section 13.4, regardless of whether or how the Plat shows the easement or entry features. (a) Entrance Lots. On recording of this Declaration, Declarant burdens any Lots on which DECLARATION - PAGE 43 the formal entrances are located with the Entry Feature Easement. (b) Purpose of Easement. The purpose of the Entry Feature Easement is to provide for the existence, repair, improvement, and replacement of the Property’s formal entrances, to be maintained by the Association as a Common Area. In exercising this easement, the Association may construct, maintain, improve, and replace improvements reasonably related to the entrance of a residential subdivision, including: screening walls; fences and/or berms; planter beds; landscaping and plant material; electrical and water meters and equipment, including light fixtures and sprinkler systems; and signage related to the Property. (c) Rights Reserved. The Owners of the Lots burdened by this easement will have the continual use and enjoyment of their respective Lots for any purpose that does not unreasonably interfere with or prevent the Association’s use and easement rights hereunder. (d) Temporary Easement. In addition to the easement granted herein, the Association has the temporary right, from time to time, to use as much as the surface of the burdened Lot as may be reasonably necessary for the Association to perform its contemplated work on the easement. (e) Duration, Termination & Assignment of Easement. This easement is perpetual. This easement will terminate, if at all, if and when the purpose of the easement ceases to exist, is abandoned by the Association, or becomes impossible to perform. The Association may unilaterally assign this easement, or any portion thereof, to the Town if the Town agrees to accept the assignment. Section 13.5 Easements for Certain Owners. There is hereby reserved to each Lot reciprocal appurtenant easements for access over, across and upon the adjacent Lot (exclusive of Residences) and the adjacent Common Area for the construction, maintenance and repair of Residences or party structures to a distance of not more than five feet (5'), as measured from any point on the common boundary along a line perpendicular to such boundary. The use of said easement by an Owner shall not exceed a total of thirty (30) days each year for maintenance unless approved in writing by the Board. Any landscaping or irrigation systems damaged by the Owner during the construction, maintenance or repair of his or her residential Residence or party structure shall be repaired or replaced, if necessary, at the expense of the Owner causing such damage. If the Owner fails properly to perform such repairs or replacements, the Association may perform such maintenance responsibilities and assess all costs incurred by the Association against the Lot and the Owner as a Specific Assessment in accordance with Section 9.4. However, the Association shall afford the Owner reasonable notice and an opportunity to cure the problem prior to entry, except when immediate entry is required due to an emergency situation. There is also hereby reserved to each Lot reciprocal appurtenant easements of encroachment over, across and upon the adjacent Lot and adjacent Common Area for water drainage from the roof of the Residences or other structures. Owners shall not attach any object to a Residence of an adjacent Lot or disturb the grading of the area located between the adjacent Residences or otherwise act with respect to such area in any manner which would damage the adjacent Lot. In the event of a dispute arising out of the rights and obligations created under this Section 13.5, the parties agree to resolve the dispute in accordance with Section 5.5(e). DECLARATION - PAGE 44 Section 13.6 Construction and Sale Period Easement. Notwithstanding any provisions contained in the Governing Documents, until expiration of the Development Period, Declarant reserves an easement across the Property for Declarant and any Builder to maintain and carry on, upon such portion of the Property as Declarant may reasonably deem necessary, such facilities and activities as, in the sole opinion of the Declarant, may be reasonably required, convenient or incidental to the construction, completion, management, maintenance, leasing, marketing or sale of such Lots including, but not limited to, parking areas, temporary buildings, temporary fencing, portable toilets, storage areas, dumpsters, trailers, commercial vehicles of every type, business offices, signs, sales offices and model Residences. Section 13.7 Easement to Inspect and Right to Correct. During the Development Period, Declarant reserves for itself and Builders, and their respective employees, agents and representatives, the right to inspect, monitor, test, redesign, correct, relocate, and replace any structure, improvement, material, or condition that may exist on any portion of the Property, including the Lots, and a perpetual nonexclusive easement of access throughout the Property to the extent reasonably necessary to exercise this right. Any damage to a Lot resulting from the exercise of these easements shall promptly be repaired by, and at the expense of, the Person exercising these easements. Section 13.8 Easements to Serve Additional Property. The Declarant hereby reserves for itself and its duly authorized agents, representatives, employees, successors, assigns, licensees and mortgagees, an easement over the Common Area for the purposes of enjoyment, use, access and development of adjoining property, whether or not such property is made subject to this Declaration. This easement includes, but is not limited to, a right of ingress and egress over the Common Area for construction of roads and for connecting and installing utilities on such property. Declarant agrees that it and its successors or assigns shall be responsible for any damage caused to the Common Area as a result of vehicular traffic connected with development of such property. Declarant further agrees that if the easement is exercised for permanent access to such property and such property or any portion thereof is not made subject to this Declaration, the Declarant, its successors or assigns shall enter into a reasonable agreement with the Association to share the cost of maintenance of any access roadway serving such property. Section 13.9 Easements for Lakes and Pond Maintenance and Flood Water The Declarant reserves for itself and its successors, assigns and designees the nonexclusive right and easement, but not the obligation, to enter upon the lakes, ponds, streams and wetlands located within the Common Area to (i) install, keep, maintain and replace pumps and related equipment; (ii) construct, maintain and repair any bulkhead, levee, wall, dam or other structure retaining water; (iii) remove trash and other debris therefrom and fulfill their maintenance responsibilities as provided in this Declaration; and (iv) spray pesticides and chemicals for the control of insects and other pests, each Lot being hereby burdened with an easement for the over-spray of such pesticides and chemicals, if any, from the exercise of such easement. The Declarant's rights and easements provided in this Section shall be transferred to the Association at such time as the Declarant shall cease to own any property subject to the Declaration, or such earlier time as Declarant may elect, in its sole discretion, to transfer such rights by a written instrument. The Declarant, the Association and their designees shall have an access easement over and across any of the Property abutting or containing any portion of any of the lakes, ponds, streams or wetlands DECLARATION - PAGE 45 to the extent reasonably necessary to exercise their rights under this Section. There is further reserved herein for the benefit of Declarant, the Association and their designees, a perpetual, non-exclusive right and easement of access and encroachment over the Common Area and Lots (but not the Residences thereon) adjacent to or within fifty (50) feet of lake beds, ponds and streams within the Property, in order to (i) temporarily flood and back water upon and maintain water over such portions of the Property, (ii) fill, drain, dredge, deepen, clean, fertilize, dye and generally maintain the lakes, ponds, streams and wetlands within the Common Area, (iii) maintain and landscape the slopes and banks pertaining to such lakes, ponds, streams and wetlands and (iv) enter upon and across such portions of the Property for the purpose of exercising its rights under this Section. All persons entitled to exercise these easements shall use reasonable care in, and repair any damage resulting from the intentional exercise of such easements. Nothing herein shall be construed to make Declarant or any other Person liable for damage from flooding due to heavy rainfall or other natural disasters. All lakes and wetlands within the Property are designed as water management areas and not for as aesthetic features. Because of fluctuations in water elevations within the immediate area, the water level of lakes, creeks, and streams will rise and fall. Declarant has no control over such elevations. Therefore, each Owner releases Declarant and the local municipality, and their affiliates, successors and assigns, from and against any and all losses, claims, demands, damages, costs, and expenses of whatever nature or kind, including attorney’s fees and costs and appellate fees and costs, related to or arising out of the water elevations, including the absence of any water in the lakes, creeks, streams and ponds. Neither the Association nor any Owner shall alter, modify, expand, or fill any lakes or wetlands located on or in the vicinity of the Property, without the prior written approval of the Declarant during the Development Period and such local, state, and federal authorities as may have jurisdiction over such matters. Section 13.10 Assumption of Risk and Indemnification. Each Owner, by its purchase of a Lot in the vicinity of the lakes, acknowledges the inherent dangers associated with living in proximity to a lake and hereby expressly assumes the risk of personal injury, property damage or other loss caused by maintenance, operation and general use of the lake including, without limitation (a) noise from maintenance equipment (it being specifically understood that such maintenance typically takes place around or before sunrise or after sunset); (b) noise caused by lake activities; (c) use of pesticides or chemicals to control such items as algae or pests; (d) view restrictions caused by maturation of trees and shrubbery; (e) odors from the occurrence of algae growth or wastewater effluents or storm water drainage; and (f) reduction in privacy caused by lake activities. Each Owner agrees that neither Declarant, any successor Declarant, any Builder, the Association, or any of their successors, successors-in-title or assigns, any entity managing the Property, any officer, director or partner of any of the foregoing, or any officer or directors of any partner, or any organizer or sponsor of any tournament or special event (collectively, for purposes of this Section 11.5, the “Released Parties”) shall be liable to any Owner claiming any loss, injury or damage based upon, due to, arising from, directly or indirectly, or otherwise related to the proximity of such Owner’s Lot to the lakes, the management of the lakes, or the exercise of the easement rights set forth in this Article XIII, even if such loss, damage or injury is caused in whole or in part by the negligence of any of the Released Parties. Each Owner hereby DECLARATION - PAGE 46 agrees to indemnify, defend and hold harmless the Released Parties from and against any and all such claims as set forth in the preceding sentence by Owner or Owner’s lessees, licensees, invitees and employees with respect to tenants of such Owner’s Lot for injury, loss or damage, whether known or unknown, foreseen or unforeseen, arising from or resulting from, directly or indirectly, acts or omissions of the Released Parties, even if caused in whole or in part by the negligence of the Released Parties. THE FOREGOING RELEASE AND INDEMNITY IS INTENDED TO RELEASE AND INDEMNIFY THE RELEASED PARTIES FROM AND AGAINST THEIR OWN NEGLIGENCE. Section 13.11 Easement for Access. The Declarant hereby creates a perpetual, nonexclusive easement for access, ingress and egress over the private streets within the Common Area, for law enforcement, fire-fighting, paramedic, rescue and other emergency vehicles, equipment and personnel; for school buses; for U.S. Postal Service delivery vehicles and personnel; for other government employees in pursuit of their official duties; and for vehicles, equipment and personnel providing utility service or garbage collection service to the Property; provided, such easement shall not authorize any such Persons to enter the Property except while acting in their official capacities. The existence of this easement shall not preclude the Association from maintaining gates or other devices or systems designed to limit general vehicular access to the Property, provided that the Association at all times maintains systems and/or procedures to permit the entry of Persons authorized to exercise the easements granted in this Section without unreasonable interference or delay. ARTICLE XIV ANNEXATION AND WITHDRAWAL OF PROPERTY Section 14.1 Annexation Without Approval of Membership. The Declarant shall have the right, until December 31, 2025, to subject to the provisions of this Declaration all or any portion of the property located within a mile radius of the property described in Exhibit "A". The Declarant may transfer or assign this right, in whole or in part, to any other Person who is the developer of at least a portion of the real property described in Exhibit "A" or the property subject to annexation. Such transfer or assignment shall be memorialized in a written, recorded instrument executed by the Declarant. Nothing in this Declaration shall be construed to require the Declarant or any successor to annex or develop any property in any manner whatsoever. Such annexation shall be accomplished by filing a Supplemental Declaration annexing such property in the County Clerk official records of Tarrant County, Texas. Such Supplemental Declaration shall not require the consent of Members but shall require the consent of the owner of such property, if other than Declarant. Any such annexation shall be effective upon the filing for record of such Supplemental Declaration unless otherwise provided therein. Section 14.2 Annexation With Approval of Membership. Subject to the consent of the owner thereof, the Association may, following the expiration of the Declarant’s right to annex in Section 14.1, subject any property to the provisions of this Declaration and the jurisdiction of the Association. Such annexation shall require the affirmative vote of Members representing a majority of the Class "A" votes of the Association represented at a meeting duly called for such DECLARATION - PAGE 47 purpose. Annexation shall be accomplished by filing a Supplemental Declaration describing the property being annexed in the County Clerk official records of Tarrant County, Texas. Any such Supplemental Declaration shall be signed by the President of the Association and by the owner of the property being annexed. Any such annexation shall be effective upon filing unless otherwise provided therein. Section 14.3 Withdrawal of Property. The Declarant reserves the right to amend this Declaration unilaterally at any time during the Development Period without prior notice and without the consent of any Person, for the purpose of removing certain portions of the Property then owned by the Declarant or its affiliates or the Association from the provisions of this Declaration, to the extent originally included in error or as a result of any changes whatsoever in the plans for the Property desired to be effected by the Declarant. Section 14.4 Additional Covenants and Easements. The Declarant may unilaterally subject any portion of the property submitted to this Declaration initially or by supplemental declaration to additional covenants and easements, including covenants obligating the Association to maintain and insure such property on behalf of the Owners and obligating such Owners to pay the costs incurred by the Association through Assessments. Such additional covenants and easements shall be set forth in a Supplemental Declaration filed either concurrent with or after the annexation of the subject property, and shall require the written consent of the owner(s) of such property, if other than the Declarant. ARTICLE XV DECLARANT'S RIGHTS Section 15.1 General. Without limiting the rights of the Declarant as otherwise provided by the Governing Documents, the Declarant shall have the following additional rights as Declarant, exercisable at Declarant’s sole discretion, at any time during the Development Period: (a) Changes to Development Plan. Declarant may modify from time to time the development plan applicable to the Property to respond to changes or perceived changes in the marketplace, subject to the approval requirements of any governmental agency. Such changes may include, without limitation, (i) changes to the size, dimensions, and configurations of Lots and streets; (ii) changes to the minimum dwelling size; (iii) changes to building setback requirements; (iv) changes to the initial design and construction standards; and (v) changes to any other feature of the Property. (b) Construction Activities. Declarant and Builders authorized by Declarant in writing may construct and maintain and carry on upon portions of the Common Area, or upon Lots owned by Declarant or a Builder, such facilities and activities as, in the sole opinion of the Declarant, may be reasonably required, convenient or incidental to the construction, completion, management, maintenance, leasing, marketing or sale of such Lots, including, but not limited to, parking areas, temporary buildings, temporary fencing, portable toilets, storage areas, dumpsters, trailers, commercial vehicles of every type, business offices, signs, sales offices and model Residences. Declarant and authorized Builder(s) shall have easements for access to and use of DECLARATION - PAGE 48 such facilities. (c) Marketing Activities. Declarant may require its approval (which may not be unreasonably withheld) of all documents and materials used by a Builder in connection with the development and sale of Lots and Residences, including, without limitation, promotional materials, deed restrictions, forms for deeds, Lot sales and Lot closings. Declarant reserves for itself an easement and right to place, maintain, locate, relocate, replace, remove or install from time to time signs, banners, flags, display lighting, potted plants, exterior decorative items, seasonal decorations, temporary window treatments, and seasonal landscaping on the Property, including items and locations that may be prohibited to other Owners and Residents, for the purposes of promoting, identifying, and marketing the Property, Declarant’s homes, lots, developments or other products located outside the Property. Declarant also reserves the right to sponsor marketing events—such as open houses, MLS tours, and broker parties—at the Property, including the recreational facilities, to promote the sale of Lots and Residences. Declarant further reserves (i) the right to permit Builders to place signs and promotional materials on the Property; and (ii) the right to exempt Builders from the sign restriction in this Declaration, subject to the Declarant’s right to approve all such signs and materials in advance or to remove those signs or materials that have not been approved or are objectionable to the Declarant. (d) Builder Approval. Declarant reserves the right to determine and change from time to time the minimum qualifications of Builders who are eligible to construct homes and other original improvements on a Lot. Declarant may refuse to allow a Builder to construct a home in the Property if the Builder fails to meet the minimum qualifications set by the Declarant, or Declarant may disqualify a Builder who was previously approved as a Builder from constructing additional homes in the Property if the Builder is no longer eligible under the qualifications, or if the Builder has violated the Governing Documents. Prior to the commencement of Work on a Lot, a Builder must submit an application in writing to the Declarant for eligibility as a Builder and the Declarant must approve of the Builder’s eligibility in writing. Declarant has the right to limit the number of eligible Builders constructing Residences in the Property at any given time. (b) Use of Name of Development. No Person shall use the name "Quail Hollow" or any derivative of such name in any printed or promotional material without Declarant's and the Board’s prior written consent. However, Owners and Builders may use the name "Quail Hollow" in printed or promotional material where such term is used solely to specify that particular property is located within the Property and the Association shall be entitled to use the name "Quail Hollow" in its name. Section 15.2 Additional Covenants. No Person shall record any declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument affecting any portion of the Property without Declarant's review and written consent. Any attempted recordation without compliance herewith shall result in such instrument being void and of no force and effect unless subsequently approved by written consent signed by the Declarant and recorded in the public records. Section 15.3 Assignment. Any or all of the Development Period Rights and obligations of the Declarant set forth in the Governing Documents may be transferred, in whole or in part, DECLARATION - PAGE 49 temporarily or permanently, to other Persons; provided that the transfer shall not reduce an obligation nor enlarge a right beyond that contained in the Governing Documents. Furthermore, no such transfer shall be effective unless it is in a written instrument signed by the Declarant and duly recorded in the County Clerk Official Records of Tarrant County, Texas. ARTICLE XVI DISPUTE RESOLUTION Section 16.1 Consensus for Association Action. (a) Except as provided in this Article, the Association may not commence a judicial or administrative proceeding without the approval of at least a majority of the Class "A" Members who are present and voting at a duly called meeting of the Association and the consent of the Declarant, if any. This Article shall not apply, however, to (i) actions brought by the Association to enforce any of the Governing Documents (including, without limitation, the foreclosure of liens); (ii) the imposition and collection of Assessments; (iii) actions brought by the Association to enforce a contract against a contractor, vendor, or supplier of goods or services to the Association; (iv) proceedings involving challenges to ad valorem taxation; (v) counterclaims, cross-claims or other challenges brought by the Association in proceedings instituted against the Association, including condemnation proceedings; and (vi) actions to obtain a temporary restraining order or equivalent emergency relief when circumstances do not provide the Board with sufficient time to seek and obtain the prior consents of Owners. (b) The Association may not commence a judicial or administrative proceeding against the Declarant, the Class "B" Member, or a Declarant-appointed officer or director of the Association, without the approval of at least seventy-five percent (75%) of the Class "A" Members who are present and voting at a duly called meeting of the Association. Prior to the Association or any Member commencing any proceeding to which Declarant is a party, including but not limited to an alleged defect of any improvement, Declarant shall have the right to be heard by the Board, or the particular Member, and to access, inspect, correct the condition of, or redesign any portion of any improvement as to which a defect is alleged or otherwise correct the alleged dispute. (c) The Association may unilaterally negotiate, settle or compromise any legal or administrative proceeding, and may execute any documents related thereto, including settlement agreements and releases of claims. Section 16.2 Alternative Method for Resolving Disputes. Declarant, its officers, directors, employees and agents; the Association, its officers, directors and committee members; all Persons subject to this Declaration; and any person not otherwise subject to this Declaration who agrees to submit to this Article (each such entity being referred to as a “Bound Party”) agree to encourage the amicable resolution of disputes, without the emotional and financial costs of litigation. Accordingly, each Bound Party covenants and agrees to submit those claims, grievances or disputes described in Section 16.3 (collectively, “Claims”) to the procedures set forth in Section 16.4. DECLARATION - PAGE 50 Section 16.3 Claims. Unless specifically exempted below, all Claims between any of the Bound Parties regardless of how the same might have arisen or on what it might be based including, but not limited to Claims (a) arising out of or relating to the interpretation, application or enforcement of the Governing Documents or the rights, obligations and duties of any Bound Party under the Governing Documents; (b) relating to the design or construction of improvements; or (c) based upon any statements, representations, promises, warranties, or other communications made by or on behalf of any Bound Party shall be subject to the provisions of Section 16.4. Notwithstanding the above, unless all parties thereto otherwise agree, the following shall not be Claims and shall not be subject to the provisions of Section 16.4: (a) any Claim by the Association against any Bound Party to enforce the provisions of Article IX; (b) any suit by the Association or Declarant to obtain a temporary restraining order or injunction (or equivalent emergency equitable relief) and such other ancillary relief as the court may deem necessary in order to maintain the status quo and preserve the Association’s ability to act under and enforce the provisions of Articles X or XI, or the Declarant’s ability to exercise any right granted to the Declarant under the Governing Documents, including, without limitation, any Development Period Right; (c) any suit between or among Owners, which does not include Declarant or the Association as a party, if such suit asserts a Claim which would constitute a cause of action independent of the Governing Documents; and (d) any suit in which any indispensable party is not a Bound Party. Section 16.4. Mandatory Procedures. (a) Notice. Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent") (the Claimant and Respondent referred to herein being individually, as a "Party", or, collectively, as the "Parties") shall notify each Respondent in writing (the "Notice"), stating plainly and concisely: (i) the nature of the Claim, including the Persons involved and Respondent’s role in the Claim; (ii) the legal basis of the Claim (i.e., the specific authority out of which the Claim arises); (iii) the proposed remedy; and (iv) the fact that Claimant will meet with Respondent to discuss in good faith ways to resolve the Claim. DECLARATION - PAGE 51 (b) Negotiation and Mediation. (i) The Parties shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. If requested in writing, accompanied by a copy of the Notice, the Board may appoint a representative to assist the Parties in negotiation. (ii) If the Parties do not resolve the Claim within thirty (30) days after the date of the Notice (or within such other period as may be agreed upon by the Parties) ("Termination of Negotiations"), Claimant shall have to days to submit the Claim to mediation under the auspices of a mediation center or individual on which the parties mutually agree. The mediator must have at least five (5) years of experience serving as a mediator or an elected judge unless both parties agree to waive these requirements. (iii) If Claimant does not submit the Claim to mediation within such time, or does not appear for mediation, Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged from any and all liability to Claimant on account of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to any Person other than the Claimant. (iv) Any settlement of the Claim through mediation shall be documented in writing by the mediator and signed by the Parties. If the Parties do not settle the Claim within thirty (30) days after submission of the matter to the mediation, or within such other time as determined by the mediator or agreed to by the Parties, the mediator shall issue a notice of termination of the mediation proceedings ("Termination of Mediation"). Thereafter, Claimant may file or initiate administrative proceedings on the Claim, as appropriate. Each Party shall bear its own costs of the mediation, including attorneys’ fees, and each Party shall share equally all charges rendered by the mediator. If the Parties agree to a resolution of any Claim through negotiation or mediation in accordance with Section 16.4 and any Party thereafter fails to abide by the terms of such agreement, then any other Party may file suit or initiate administrative proceedings to enforce such agreement without the need to again comply with the procedures set forth in Section 16.4. In such event, the Party taking action to enforce the agreement shall be entitled to recover from the non-complying Party (or if more than one non-complying Party, from all such Parties pro rata) all costs incurred in enforcing such agreement, including, without limitation, attorneys’ fees and court costs. ARTICLE XVII GENERAL PROVISIONS Section 17.1 Term. The covenants and restrictions of this Declaration shall run with and bind the Property and shall inure to the benefit of and shall be enforceable by the Association or the Owner of any Property, their respective legal representatives, heirs, successors and assigns for a term of thirty (30) years from the date this Declaration is recorded. After such time, the covenants and restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument in writing, signed by a majority of the then Owners, has been recorded within the year preceding the beginning of each successive period of ten (10) years, DECLARATION - PAGE 52 agreeing to terminate the same, in which case this Declaration shall be terminated. Section 17.2 Amendment. (a) By Declarant. In addition to the specific amendment rights granted elsewhere in this Declaration, until termination of the Class "B" Control Period, the Declarant may unilaterally amend this Declaration for any purpose. (b) By Class "A" Members. Except as provided above and otherwise specifically provided in this Declaration, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of Members representing sixty-seven percent (67%) of the total Class "A" votes in the Association, including sixty-seven percent (67%) of the Class "A" votes other than the Declarant, and the consent of the Declarant, so long as the Declarant owns any property subject to this Declaration. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. To be effective, any amendment must be recorded in the County Clerk Official Records of Tarrant County, Texas. Any procedural challenge to an amendment must be made within six (6) months of its recordation or such amendment shall be presumed to have been validly adopted. If an Owner consents to any amendment to this Declaration or the Bylaws, it will be conclusively presumed that such Owner has the authority so to consent and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment. No amendment may remove, revoke or modify any right or privilege of the Declarant or the Class "B" Member without the written consent of the Declarant or the Class "B" Member, respectively (or the assignee of such right or privilege). Section 17.3 Severability. Invalidation of any provision or portion of a provision of this Declaration by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. Section 17.4 Liberal Construction. The terms and provisions of each Governing Document are to be liberally construed to give effect to the purposes and intent of the Governing Documents. Section 17.5 Notice of Sale or Transfer of Title. Within thirty (30) days after acquiring an interest in a Lot, an Owner shall provide the Association with the following information: (i) the name and address (physical and electronic mail address) of the purchaser or transferee, (ii) the name, address and loan number, if any, of the Mortgagee, (iii) a recorded copy of the deed or other instrument transferring title to the Lot, (iv) the name and phone number of any tenant, (v) the name, address and phone number of the Owner’s managing agent, if any, and (vi) such other information as the Board may reasonably require. The transferor shall continue to be jointly and severally responsible with the transferee for all obligations of the Owner of the Lot coming due DECLARATION - PAGE 53 prior to the date upon which such notice is received by the Board, including Assessment obligations, notwithstanding the transfer of title to the Lot. IN WITNESS WHEREOF, the undersigned duly authorized agent of the Declarant has executed this Declaration on the ___ day of June, 2016. DECLARANT: QUAIL HOLLOW DEVELOPMENT I, LLC, a Texas limited liability company By: ______________________________________, a Texas corporation, its Managing Member By: ______________________________________ Bryan Elliott, Manager and Sole Member ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, a Notary Public in and for the State of Texas, duly authorized to take acknowledgments, personally appeared Bryan Elliott, Manager and Sole Member of QUAIL HOLLOW DEVELOPMENT I, LLC, a Texas limited liability company, and acknowledged that he executed the foregoing document on behalf of said company. SUBSCRIBED AND SWORN TO BEFORE ME on this ___ day of June, 2016. _____________________________ Notary Public in and for the State of Texas My Commission Expires: ______ AFTER RECORDING RETURN TO: Riddle & Williams, P.C. 3710 Rawlins St., Suite 1400 Dallas, Texas 75219 QUAILHOLLOW CCRS FINAL.REV1 DECLARATION - PAGE 54 MORTGAGEE'S CONSENT AND SUBORDINATION The undersigned, beneficiary under a recorded Deed of Trust which encumbers the property (the "Property") described on Exhibit "A" attached to the Declaration of Covenants, Conditions and Restrictions for Quail Hollow to be recorded in the Deed Records of Tarrant County, Texas (the "Declaration"), hereby consents to the submission of the Property to the Declaration, and to the jurisdiction of the Quail Hollow Westlake Homeowners Association, Inc., a Texas non-profit corporation, and further agrees to subordinate its lien to the covenants, conditions and restrictions set forth in the Declaration, such that a foreclosure of its lien does not extinguish said restrictions; provided, however, that this consent shall not be construed or operate as a release of any lien owned or held by the undersigned mortgagee, its successors and/or assigns, or any portion thereof. MORTGAGEE: FIRST NATIONAL BANK d/b/a FIRST NATIONAL BANK TOWN SQUARE By: ____________________________________ Jason McMahon, Senior Vice President MORTGAGEE CONSENT AND SUBORDINATION – S OLO PAGE EXHIBIT "A" Property Initially Subject to Declaration LEGAL DESCRIPTION PHASE ONE EXHIBIT “A” EXHIBIT "B" Bylaws EXHIBIT "B" EXHIBIT "C" Certificate of Formation EXHIBIT "C" EXHIBIT "D" General Architectural Provisions EXHIBIT "D"- P AGE 1 General architectural Provisions 2 TABLE OF CONTENTS 1. General architectural Provisions 2. architectural styles 3. landscaPe Patterns 4. reGulatinG Plan 5. architectural review Process table of contents 33 General architectural Provisions General architectural Provisions 4 General architectural ProvisionsGeneral architectural Provisions The General Architectural Provisions are provided as an overriding guide applicable to all lot types and architectural types. The individual architectural style guidelines are supplemental to these guidelines. intent The Architecture Provisions and Design Standards represented in this Pattern Book for Quail Hollow are intended to direct new construction toward the highest quality of finish, craftsmanship and materials. The Architectural Standards are not intended to dictate a particular architectural style on a lot or numbers of lots, nor are they intended to restrict expression or variety in architecture. Rather these guidelines describe the style elements that have the greatest impact in such a way as to ensure that the impact is positive with a predictable outcome. The decision of what style to choose and the proper building disposition as referred to the regulating plan, are left to the home owner and architect with the guidance of the Architectural Review Committee. As the standards are concise, it is important to note that the intent of the standards should be held in the highest regard by all parties involved. All homes in Quail Hollow will be held to a minimum of 5000 square feet of AC space in the main structure. Variances may be granted (at the discretion of the ARC ) for architectural merit. Disclaimer: These Architectural Standards are aesthetic in nature. There shall be no conflict with the City of Westlake – State of Texas Building Code, City of Westlake Zoning and Building Codes and/or the International Building Code for new Residential Construction. These Guidelines shall not supersede the City of Westlake – State of Texas Building Code, City of Westlake Zoning and Building Codes and/or the International Building Code for new Residential Construction. General Pattern Guidelines 1. architectural style a) The main house and all accessory structures shall be of the same architectural style within any given lot. Mixing styles within a lot is not permitted. b) The rear yard may be screened from side street by the house, garage, or fencing, as detailed on the Landscape Architecture section of this document. c) The minimum floor to ceiling heights are 10 feet for the first floor, 9 feet for the second floor. d) Add-On Elements: Smaller massed forms attached to the Main Body are referred to as “add-on elements” (e.g. porches or bedroom wings). Although add-on elements occur in many of the styles, the main body roof lines do not run continuous over the form. Each add-on form typically has an independent roof pitch as appropriate to the Style. The add-on element roof pitch never exceeds the Main Body roof pitch. e) Side-by-side architectural styles of the same pattern are permitted as long as the house type, model, floor plan, etc. is not the same, or provides for identical architectural elements. All homes will be approved by the ARC, and special attention will be provided when the same architectural style or pattern is to be used in a side-by-side configuration. 2. construction finishes and detailinG a) Architectural details and exterior finish materials shall be the same on all elevations of the main body of the house so that the main body provides a consistent palette of materials, finishes and colors for wall and roofing materials. b) Material and finish changes may occur on appendages, add- on elements, ancillary structures, dormer or gable end accent el- ments as consistent with the Architectural Style. c) Architectural detailing shall remain consistent on all eleva- tions of the main body as viewed from the Front Street Elevation and Side Street Elevation. d) Patterned or frosted glazing is allowed in the private zone or when not visible from adjacent streets. e) Chimneys and fireplace flue enclosures shall be constructed of non-combustible materials. Siding shall not be used as an exterior finish for these elements. f) The slab of every home must be raised at least 12” above grade, depending on the style. Refer to the Massing & Composition page for each style in the Architectural Patterns section for specific first floor finished elevations. note: Exterior materials must be appropriate to the archi- tectural style of the house. Exterior finish materials may include brick, painted brick, stone, stucco, IPE, or redwood cladding with roofing materials of slate or flat or barrel tile, as appropriate to the style. To provide character, combinations of cladding materials may be appropriate on a single house, and should be based on sound historical precedent for the style. Care should be taken to give the appearance of wings or elements added over time, such as a wing added to a brick main body. In general, any change in materials must occur at an appropriate inside corner or horizontal transition point consistent with the style. The use of brick and brick colors must be appropriate to the architectural design of the house. Brick should be standard size. The use of ‘Queen’ and other non-modu- lar brick sizes are strongly discouraged. The use of nat- ural stone, and the color and pattern of the stone must be appropriate to the architectural design of the home. Samples of brick or stone must be submitted for review. All entry and window trim, soffits, fascias, cornices and similar architectural trim elements shall be constructed of wood, or an alternate wood-like material that has been submitted and approved. No vinyl or aluminum trim materials will be allowed. Windows should have clear glazing and projecting muntins. Window proportions should be appropriate to the style. Window products should be wood, and window manufacturer’s specifications must be submit- ted for review and approval. All exterior materials and colors shall be submitted for review and approval. General architectural Provisions 5 General architectural Provisions3. Porches a) Front porches and street porches must be open. Screened or enclosed porches are not permitted outside the rear yard. b) Porch beam: The width of the porch beam shall be equal to the column at the column neck, exclusive of the capitol. c) Pilasters or half columns, when used, shall be the width of the porch beam and column neck. Pilasters shall be used when the porch is appended to the main body of the house. When the porch roof is integral with the main body roof, pilasters are optional. Refer also to the Architectural Style for specific proportion characteristics of each style. d) Minimum porch depths shall be provided as required in the Architectural Style Section, but in no case less than 8’-0”. e) The porch, when present, depending on the Architectural Style shall extend proportionally to the length of the home, but no less than 30% of its frontage. 4. windows a) Window muntins shall be 5/8” to 7/8” wide and shall proj- ect out from the glass. Windows should be true divided lites with muntins properly projecting from the glass. b) Windows shall be of a size, proportion and muntin configu- ration as defined for each architectural style. c) Clear glass shall be used in all windows and doors. Stained glass is an allowable material in special windows. Colored, tinted, or reflective glass is not permitted. Clear low- emissivity glass is allowedPainting the inside face of the glass is not acceptable. 5. shutters a) Shutter height shall be equal to the window sash height. Each flanking shutter shall be one-half the width of the window so the shutters can completely cover the window if in a closed position. b) Shutters shall be installed operable or shall be mounted with the hardware to appear operable. c) Louvered shutters should be installed so as to shed water away from the house when shutters are in a “closed” position. d) Hinges and shutter dogs shall be provided on each shutter. 6. dormers a) Dormers shall be no wider than the window or windows plus required corner casing. Refer to Architectural Style. b) Dormer windows, when used on a non-habitable interior space, must have appropriate window treatment including, but not limited to, blinds or curtains on the inside of the window. Painting the inside face of the glass is not acceptable. 7. roof ventilation a) All roof vents shall be comprised of the following types: Off-ridge vents when located on rear lot side of ridge or side lot behind front elevation; Continuous ridge vents; Gable end vents. b) Gable end vents that are not functional must appear to be functional. c) Perforated aluminum or vinyl soffit vents are not permitted. d) Decorative vent design shall be consistent with the Architec- tural Style. 8. site screeninG criteria a) Retaining Walls and Fences: The “public” side of walls and fences may be softened and screened with landscape. Plastic or PVC fences are not be allowed. Refer to the Landscape section of this document b) Structural support elements shall be located on the private zone (behind the fence) or centered along the main axis with the infill material of the fence. c) Refer to the Landscape section of this document. 9. GaraGe doors a) Front-facing doors are permitted only on those lots requiring front access as designated by the Regulating Plan. b) Street-facing two-car (or more) garages shall provide two (or more) single garage doors. c) Street-facing garage doors shall be no wider than 10’-0”. d) Street-facing garage doors shall be recessed 1’-0” or more behind the face of the garage front elevation wall. e) Street-facing garages shall be located behind the Main Body of the house as appropriate to the architectural style and scale of the house. See Regulating Plan and Building Placement sections of this document. f) Side street facing garages shall be a minimum 4 feet behind the adjacent side wing elevation (excludes the 1’-0” garage door recess.) g) All garage doors shall be a minimum 7’-0” in height. 10. front walkways a) Front walks are the walkways originating from the main entry point leading to the street or driveway. b) Front walks shall be a minimum width of 36”. c) Refer to the Landscape section of this document. 11. front driveways a) The maximum width on the front driveway shall not exceed the total width of the garage door openings. b) Ribbon drives are encouraged. c) Gates are not permitted across driveways at the main front building setback. d) Refer the Landscape section of this document. General architectural Provisions 6 12. Pool enclosures a) Pool enclosures shall be located in the rear yard, or the main house structure. b) A pool enclosure fence is required to comply with existing jurisdiction codes. The fence shall be constructed of materials consistent with the Architectural Style section. c) The use of loggias, pergolas, arcades or other architectural treatment around the pool enclosure is encouraged. d) Refer the Landscape section of this document. 13. equiPment All miscellaneous equipment, including, but not limited to trash receptacles, utility meters, condensing units, pool equip- ment, satellite dishes, irrigation controllers, solar panels and plumbing stacks shall be located in such a way that the equip- ment is not visible from adjacent streets. Hedges, low fence en closures or other landscape means of screening the equipment is required. 14. liGhtinG a) Exterior light fixture styles shall be an appropriate scale and character selected to match the architectural style of the house. b) Uplighting may be permitted in the landscape as allowed in the Landscape Criteria. c) Refer the Landscape section of this document. 15. mail boxes a) Refer to permitted mail box design elements and form as described in the Architectural Style setion. 16. siGnaGe a) Refer to permitted font style as illustrated in the Architectural Style section.General architectural ProvisionsGeneral architectural Provisions 17. residential address Guidelines: • No vertical stacking of numbers • Not to be placed on an actual door • To be placed in close proximity of door in the location that is closest to a light source • To be of high value contrast to background. ie: light letters on dark background, dark letters on a light background • To be of Matte or Satin finish. No polished or high gloss metals • Not to exceed 4” height • If house is located 40’ or more from street then the address must be on the mailbox. If on the mailbox, the address may also be on the house but is not mandatory. 7 NOTE: The two facade images have been created from an identical floor plan layout, yet the elevation on the right is composed of multiple items and issues which are inappropriate and the elevation on the left is composed of multiple items and issues which are appropriate. 6’-8” tall, trendy type door style not acceptable. Short chimney chase with overly projecting pre-fabricated termination cap. Chase sheathed with siding. Bay window with both upper and lower cornice, overly expressive roof form, unknown or unresolved details and mixture of window sizes and types. Column location does not properly relate to the beam above or the stone pier below. Railing is too tall and balusters are too far apart. Expansive area with ‘unknown’ material or details. Chimney projections shall be extended to foundation or grade. Cantilevers are not acceptable. Transom windows with glass height less than 12” or sash height less than 16” are not acceptable. Inappropriate ‘quoin’ details for overall style of home. Plumbing vents and mechanical flues are visible from ‘public’ areas. Multiple roof forms and roof pitches are incompatible with each other. Rake for front elevation is overscaled and lacking proper detail. Single shutters on double windows are not appropriate. Shutters must be sized to match width and heights of window openings. Shutter dogs are incorrectly located. Cornice detail, oversized gable with unknown infill material, relationship to column location, etc. are all inappropriate. Cornice detail is overscaled and in general, lacking appropriate detail. Awkwardly proportioned and detailed dormer. The roof pitch, cornice and rake details, excessive width of dormer in relation to windows are all inappropriate. NOInappropriate Facade Design 6 FT. 8 IN.6 FT. 8 IN.8 FT.8 FT.CEILING HEIGHTCEILING HEIGHTWINDOWWINDOWGRADE TO FINISH FLOOR AT FRONT ENTRANCE LESS THAN 18”RAFTERS BEAR ON WALL Appropriate clay tile termination or (If used) Pre-fabricated chimney/flue termination enclosed by an approved decorative chimney cap. Tall chimney with narrow width facing street. Appropriate stone or brick veneer or hard coat stucco which extends from grade to top on all exterior surfaces. Windows vertically proportioned and appropriate for the style of architecture with true divided light or simulated divided light mullions in lieu of ‘snap-ins’. Porch height, cornice details, column style, size and spacing are all appropriate. Appropriately scaled and detailed railing with balusters at ±4½” on center (4” max. open space). Roof pitch at cornice returns are very low and covered with metal (Roof surface is not to be visible from grade at front). Window size and arrangement maintain a classic rhythm and vertical proportions. Straightforward, understandable roof forms with appropriate pitch for style of architecture. (NOTE: No plumbing vents or mechanical flues are visible from ‘public’ areas.) Shutters are properly sized for each window opening and appear mounted with proper hardware and hold backs (shutter dogs) located at bottom rail. Clearly defined base or water table is continuous around all visibly exposed sides of building. Stone or masonry veneer continues around entire base of house and starts/stops at appropriate inside corner locations. 8 foot tall entrance door of appropriate style for home’s architecture, with wide casing and crown at head which ‘closes’ to the frieze board above. Main gable rake details are well proportioned and a ‘crown’ or ‘bed’ mold is used in lieu of a 1 x 2 drip edge. All attic/gable vents shall be properly scaled and appropriate to the architectural style. Appropriately scaled and detailed cornice. YESAppropriate Facade Design 8 FT. MIN.7 FT. MIN.10 FT.9 FT.CEILING HEIGHTCEILING HEIGHTWINDOW HEADWINDOW HEADGRADE TO FINISH FLOOR AT FRONT ENTRANCE 30”RAFTERS BEAR ON KNEE WALL OR PLATE ON TOP OF CEILING JOIST General architectural ProvionsGeneral architectural Provisions 8 entries The primary entrance (front door) to a home will embody the character, scale, proportion and detail of the overall house and its appropriate architectural style. The entry will be easily identifiable from the street. A walkway of an approved material will extend from the street to the steps, stoop or porch of the entry. Unless a porch design is utilized, the entry should provide at least minimal protection from the elements. Overscaled, out of proportion, over- bearing or deeply recessed entries are inappropriate. Porches Porches are encouraged when appropriate to the overall architectural character and style of the home. Porches will serve as either a part of an entry element and/or as an outdoor living space. Porches which visually appear as ‘usable’ (wider), will be designed as such with a minimum depth of 7’-0”. The materials, scale, proportion and details will complement the overall architectural character and style of the home. Side or rear porches in which the floor level is more than 3’-0” above finished grade will have heavy timber or masonry posts or support columns. A solid masonry skirt wall as well as screening that is appropriate to the architectural character of the house are also acceptable. doors, sideliGhts and transoms Front entrance doors will be designed or selected to complement the design, style and character of the entry and the overall architecture. Four or six panel wood or ¾ glass with wood panel below are appropriate styles in gerneral. 8’-0” tall entrance doors are required. 6’-8” tall doors with the use of sidelites and transoms must be approved by the ARC, and must be appropriate to the overall entry design. Metal doors are not appropriate for use as a front entrance door. If used, sidelights must match the design of the entrance door. Transoms must have a minimum glass height of 12” and will be incorporated as a single door/transom unit with continuous casing trim. Overscaled, two-story or separate transoms are inappropriate. Storm or security doors are only allowed if the design, material and color match that of the entrance door and if approved by the ARC after review of full submittal of details or actual sample. YESAppropriate Entries, Porches & Doors NOInappropriate Entries, Porches & Doors 8’-0” tall door, with appropriate entry surround. Standard height door, tall transom, appropriate casing and head trim. Transoms may be used where appropriate to the architectural design. Standard height door with sidelights and properly sized transom with appropriate entry surround. Minimum glass height of transom is 12”, 16” preferred. 6-panel door with sidelights & ellipse transom above. Surround casing is substantial width with back band edge. 9 foot tall double door with segmented arch top. Appropriate brick and casing details. Inappropriate door style with short transom above and typical brick mold trim surround. Sidelight and transom sizes are inappropriate to the scale of the door. Full French or full glass doors (left) are appropriate for the secondary entrance, but not primary. The overall massiveness and lack of attention to appropriate scale, proportion and details are inappropriate. The proportions of this entry surround are too wide on the sides and too narrow above. The door style, sidelights, transom and surround are inappropriate. Every component of this assemblance is inappropriate. Column detail, cornice return, roof pitch, materials, small door unit with separate overwhelming transom above. A full width porch which embodies the fundamentals of appropriate scale, proportion, materials and detail. Overly decorative entry with an inappropriately scaled and detailed entry surround and pediment. Inappropriately styled doors with oversized arched, transoms above. Wrap around porch on raised foundation with appropriate railing and use of job-built columns. A classic entrance which is appropriate in all respects; scale, proportion, materials and detail. The porch and finished floor level is too close to the grade, the front door and window head height is 6’-8” tall, the roof pitches are too steep, the porch beam line is too short, the railing is too tall in relation to porch height and if turned balusters are used they should be more massive in scale. Full glass door with ‘trendy’ leaded glass, and typical brick mold surround are all inappropriate. Traditional plank wood doors appropriate for use with French style homes.General architectural ProvisionsGeneral architectural Provisions 9 Consider casement windows as an appropriate window for heights below four (4) feet. Grouped windows should be arranged to maintain a pattern of vertical proportion. Proportions of lights shall match and casing/trim shall be appropriate to the architectural style. On a divided light window, transom height matches height of light below. Minimum glass height of transoms is 12” (16” preferred). This bay window successfully blends rich base and casing details with a simpler window treatment. The overall composition maintains time-tested proportions with appropriate cornice and overhang. windows Window types, sizes, style, trim and location will be appropriately designed and selected to be compatible with the homes overall design, style and character. Window mullions should be true or simulated divided lights. Window mullions located between glass or inside of glass are highly discouraged. Windows will be vertically proportioned and head heights will be in proper proportion to the scale and mass of the house. In general, the typical 6’-8” head height is not acceptable. Undersized, short or ‘trendy’ multi-arched or shaped windows are not acceptable. Window size, style and type should be consistent on all sides or facades. Typical brick mold casing will only be used when appropriate to the architecture. Wider casing, head trim or special molding will be appropriately sized and detailed. shutters When shutters are used they must be appropriate to the architectural design and style of the home. Shutters must be sized to match the window opening and will be mounted on hinges and held in place with hold backs or shutter dogs located along the bottom rail. ‘False’ decorative shutters mounted directly to the wall and shutters which do not match the height and ½ the width of the window opening are not acceptable. Shutters for double or grouped windows are not acceptable unless they are actually sized to match the total width of the opening. exterior liGhtinG Exterior light fixtures viewed from the street will be of a style, size and material that is appropriate to the home’s architectural character. The quantity, lamp type, location and mounting height will be reviewed and approved by the ARC. Security or flood lights will not be mounted or directed to shine onto the adjacent property or street. YESAppropriate Windows NOInappropriate Windows ‘Trendy,’ multi-shaped window styles are inappropriate. Full arched windows are acceptable only when used appropriately with historically-based architectural designs. “Short and wide” double hung windows are inappropriate. Shutter size does not match ½ of window width and shutters dogs located incorrectly. Transom is too short. Inappropriate window proportions. Does not meet 1X wide by 2X high. Appropriate vertical window proportions have a minimum ratio of 1X wide to 2X high. Windows will have true or simulated divided lights (7/8” mullion) appropriate to the architectural design of the home. All wood windows or wood windows with aluminum or vinyl cladding appropriate for the architectural style will be used. Shutter style and size appropriately matches window style. Notice hinges and hold backs along with appropriate window head trim. Shutters will be sized to match the actual window sizes, mounted on hinges and with hold backs (shutter dogs) located at bottom rail. ‘False’ decorative shutters mounted to wall. Shutters do not match width of windows. Decorative brick surrounds, overscaled or ill-proportioned keystones, casing, etc. and multi-shaped ‘trendy’ windows are all inappropriate. Keystone does not overcome the awkwardly proportioned, short transom.EqualX2X X False decorative window head trim that lacks relationship to window.General architetcural ProvisionsGeneral architectural Provisions 10 Appropriately detailed dormers have very minimum trim material to the sides of the window and the window head and cornice/trim are ‘tight’ to each other. YESAppropriate Dormers NOInappropriate Dormers This hipped roof dormer is appropriately detailed with tight head, jamb and sill details. The crown moldings add additional detail. This simply detailed shed dormer is appropriate to many house designs. This shed dormer has oversized rake overhangs and oversized jambs and the proportion of the window to the dormer are all inappropriate. This elegantly detailed dormer would add character to a French-style house. The deep overhang and lack of detail at the base of this dormer makes it inappropriate. Scale, proportion, details, roof pitch, cornice, windows and materials are all inappropriate. This arched top dormer with extensive space between window head and cornice is inap- propriately proportioned and detailed. dormers Dormers will generally be composed as a secondary architectural element used in a functional or nonfunctional fashion to complement the primary form of the main structure. The mass and composition will be composed in an understandable and straightforward manner and should maintain the character and style of the design. Overly complex or contrived forms, offsets, projections and the resulting roof forms are unacceptable. Rafter bearing heights, overhang dimensions, cornice and rake details should be carefully studied and crafted to comply with the appropriate style. Typically, dormer roofs will be hipped, gabled, shed, or arched depending on the characteristics of the main house style. In general dormers will be vertically scaled and proportioned and should tightly frame an appropriately sized and styled window. Dormer overhangs and rakes should be tight to the main body of the dormer and should be consistent on all three sides.General architectural ProvisionsGeneral architectural Provisions 11AlignAlignNOInappropriate Columns YESAppropriate Columns Not AlignedNot AlignedSpecial attention must be made in construction documents and in the field to assure proper alignment of a column and the frieze, beam and base. A column base will be, or ‘appear’ as, solid stone, brick or wood. (NOTE: attention to detail can maintain desired image while providing ventilation if required.) Outside face of frieze board or beam will align with shaft of column. Column cap will project beyond face of frieze board or beam (both inside and outside). Job-built columns which do not follow “classic” scale, proportion and details are inappropriate. Highly detailed columns are only appropriate if properly scaled, proportioned and accurately detailed on buildings of an historically-based style. Ill- conceived, out of scale or over detailed elements are not appropriate. Visible aluminum vent blocks are inappropriate. (NOTE: Aluminum columns are also not allowed.) Appropriate column base detail. (NOTE: The column base is typically larger than the capital. Foundation or porch edge must be extended beyond edge of frieze or beam above to allow proper column alignment. This item must be properly detailed on construction documents.) An example of an appropriate well detailed column capital, frieze and cornice. columns The appropriate selection, detailing and implementation of columns, along with their relationship to the frieze board or beam, are critical for an appropriate house design in Quail Hollow. Square, round, milled, masonry or built-up column are appropriate to the design of the house. The details from the grade to the roof should be properly designed. The construction documents must contain details and sections which clearly illustrate the style, components, size, and location of any column, and the relationship to the frieze board or beam. The outside face of any column shaft will align with the outside face of the frieze board or beam above. The column cap will project beyond the face of the frieze board or beam, both at the inside and outside face of the column shaft and beam above. The column base is typically larger than the capital and will be, or ‘appear’ as, solid stone, brick or wood. With special attention to detail, a design can maintain the desired image while providing proper ventilation as required. Visible aluminum vent blocks are inappropriate and will not be approved. The foundation or porch edge must be extended beyond the edge of the frieze or beam above to allow proper column alignment. This must be properly detailed on the construction documents. All columns should be of wood, masonry, or a composite material and properly flashed to allow for a long-lasting waterproof condition. Whether job-built or manufactured, columns will follow ‘classic’ time-tested scale and proportions appropriate for the style of the building. 8 x 8 or 10 x 10 square timber columns with chamfered corners are also appropriate for certain architectural styles.General architectural ProvisionsGeneral architectural Provisions 12 cornices and rakes The appropriate selection, detailing and implementation of cornices and rakes are critical for an appropriate house design. The construction documents must contain details and sections which clearly illustrate the style, components, sizes and location of any cornice and rake. Care should be taken to assure the details proposed are appropriate for the style, materials and overall design of a home. NOInappropriate Cornices & Rakes YESAppropriate Cornices & Rakes Inappropriately scaled and detailed cornices. Do not terminate deep overhangs with an oversized ‘box’ cornice detail or large cornice return. Where appropriate to the style, gable ends will have cornice returns. (NOTE: Roofing or flashing material above return will not be visible at ground level.) Traditionally scaled and detailed cornices will follow time-tested scale and proportions. (NOTE: On many historically based traditional designs, the rake detail should incorporate a crown or bed mould trim at the roof edge in lieu of typical 1” x 2” board.) Examples of inappropriate cornice details that are associated with ‘tract’ housing and minimum builder level construction. Classic cornice and rake detailing with cornice returns provide a timeless quality to this rather generic gable form. Crown mould is used at edge of roof, frieze board at wall is properly scaled and the flashing above the cornice returns is not obviously visible. Examples of appropriate cornice details with traditional scale and detail. Each of these details are appropriate to the overall architectural character and style of each individual house. Steep or visible roof pitches above cornice returns are inappropriate and will not be approved by the L.C.D.R.C. This steep gable with inappropriate rake details and oversized cornice returns would not be approved.General architectural ProvisionsGeneral architectural Provisions 13 The front facing garage and overall roof form totally overpower the more modest size home. GaraGe desiGn The location, massing and scale of a garage will not compete with or overwhelm the primary body of the house. Garage forms, design, materials and detailing should be similar in quality to the house. Contemporary examples of garage doors on the front of homes are not historically accurate. For Quail Hollow, a garage which is visible from the street or public view will receive careful design attention and should complement the primary facade. The garage doors on many designs are the single largest visible element (other than the roof). Typical ‘false panel’ steel doors are not appropriate when the door is visible from the street or public way. Flush plank metal embossed doors are acceptable on all non-carriage house type garages. Where possible, garage doors will be single bay in width and 8’-0” tall. Garage doors can be recessed 12 inches within the wall plane, or a pergola or porch type roof can be extended above to minimize the impact. Garage doors can also be painted a dark or ‘recessive’ color in lieu of typical lighter trim color to minimize the scale and impact. Example of ‘carriage style’ doors which are required if visible from street. YESAppropriate Garage Design Front auto court garage door design which complements the pri- mary house.An appropriate design with garage is located behind the main body of the house. Front-facing garage is too close and competes with the primary house. Roof is more massive than any portion of the primary house, the typical double width steel garage door which is painted the trim color overpowers the home’s image. The garage of this front auto court design is located too close to the primary facade and the scale and mass competes with the primary house. NOInappropriate Garage Design The garage maintains the home’s details and is set back from the front entrance and connected to the house via a breezeway. An appropriate design with garage doors recessed and columns used to create more depth and design to the facade. These garage door are recessed from the facade and positioned in a way so they are not the focal point from the street.General architectural ProvisionsGeneral architectural Provisions 14 YES YES YES YES YES YES Appropriate/Inappropriate Architectural Character Comparison Study NO NO NO NO NO NO General architectural ProvisionsGeneral architectural Provisions 15 General architectural Provisionsresidential GraPhics All lots are required to have pre-purchase signage and post-purchase signage Pre-purchase signs must feature the identity of the seller. Post-purchase signs must feature the names of the owner, architect, and home builder All signage must be purchased through the developer’s sign vendor Example of Post-Purchase Sign 16 architectural styles introduction to the architectural styles The Dallas Ft. Worth area has a rich architectural heritage which is well exemplified in the wonderful collection of neighborhoods and residential buildings built in the early part of the 20th century, mainly pre-second world war. The strong influence of stylistic driven architecture and the elegant, yet simple execution of neighborhood patterns provide a strong collection from which to find examples. The design team has found strong influences in the Dallas Fort Worth area, including cues from the metropolitan region and categorized them into six main preferred stylistic groups that detail the character and characteristics of each home. A note to emphasize is the intention to keep the architectural styles in reference to the context and region. Though the DFW region contains a collection of stylistic deviations, the authenticity and fit of the style are indispensable to develop the correct neighborhood and architectural patterns that will differentiate Quail Hollow from other suburban neighborhoods. classical The inspiration for this style came from ancient Greece and Rome. With its re-emergence at different times throughout history with differ- ent interpretations, Classical design has evolved into our National style. enGlish tudor The most influential characteristic of the style comes from Medieval Revival architecture, and as the style developed, it began to emulate English Renaissance becoming what we know today as English Tudor. mediterranean The style draws its characteristics from the architecture found in the Mediterranean region including Spain and Italy, and is heavily influenced in the United States by the Italian Renaissance Revival. french The French style, once very popular in eastern North America, lost its luster after the Louisianna Purchase and only remained popular in New Orleans. The style later regained national popularity in the 1960’s. texas reGional vernacular Influenced by the Prairie, Bungalow and modern styles, this style became widely used by the late 20th century in the search for a more regional architecture where climate, local traditions and materials spoke of the design. contePmPorary The Contemporary style is an attempt to allow for a more abstract interpretation of the more historically grounded modern styles.architectural styles 17 architectural stylesThe founders of our country adopted principles of Classicism in developing an architectural identity for the young Republic. Architectural style inspiration came from ancient Greece and Rome. With its re-emergence at different times throughout history with different inter- pretations, Classical design has evolved into our National style. Houses are dignified and formal. The Classical house is an ordered composition of simple, well-proportioned volumes, often with one- or two-story columned porches. Floor plans are typically symmetrical. Windows are tall and elegant; eaves, cornices and doors are beautifully detailed. Style variations include Georgian, Greek Revival and Colonial Revival. Depending on the style variation, the Classical house is typically clad in brick, smooth bevel or lap siding, or light sand finish stucco. Roofing may be wood shingles (consistent with city code) or slate. classical style 18 architectural stylesGeorGian The Georgian style is easily recognizable by its rigid symmetry, well- balanced proportions and Classical detailing. The Georgian style was dominant in the English colonies of the United States from 1700 through the 1780’s, coming to the U.S. through pattern books and mason and carpenter immigrants. It is considered to be one of the longest lasting building styles in American architectural history. The distinguishing features of the Georgian style are: •doorways Typically the door is paneled and centered with rectangular panes of glass within the door or transom. Above the panes is a decorative crown resting on decorative pilasters. •windows Windows are vertically proportioned, generally double-hung sashes with small panes in patterns of 9 or 12. Windows are both horizontally and vertically arranged in a five-ranked pattern creating the strong symmetrical facade. Windows are always found in singles, never in pairs. •cornices The cornice in Georgian houses is used to emphasize decorative moldings. Tooth-like dentils are commonly found in the cornice. colonial revival The Colonial Revival style is considered a “rebirth” of interest in the Classical style. It emerged in the early 1880’s, borrowing heavily from the Georgian and Federal styles. The style emphasized the pride the nation took in the growth which had occurred and a strong interest in historic preservation. It was the dominant building style through the entire first part of the 20th century. The distinguishing features of the Colonial Revival style are: •doorways The doors in this style are typically centrally located and feature broken pediments, a feature not commonly found on original Colonial houses. Doors frequently have overhead fanlights or sidelights. •windows Colonial Revival windows are double-hung, multi-paned with projecting muntins in patters of 6 over 6, 8 over 8, or 6 over 1. Window types may also include bay windows, paired windows and triple windows. •cornices The cornice of a Colonial Revival house is typically part of a roof- wall junction with little overhang. It is commonly decorated with dentils or modillions. Greek revival The Greek Revival style is heavily influenced by the Greek orders and systems of proportions and ornament. Its popularity not only comes from the beauty of the style, but also the strong ties it historically represents to politics. The influence of the Greek Revival style came out of sympathy for Greece’s involvement in a battle for independence from 1821-30, the diminishing interest in British influence after the War of 1812, and the elite intellectual ties the style had to ancient Greek democracy. Due to these factors, the style became associated to the new American democratic government. Public buildings and national monuments seemed predetermined to be in the Greek Revival style. In fact, the Greek Revival movement began with public buildings in Philadelphia. The distinguishing features of the Greek Revival style are: •doorways Greek Revival doors may either be single or paired, and are typically divided into one, two or four panels. Doorways are usually surrounded on the sides and top by an elaborately, decorative frame. •windows Windows are vertically proportioned, double hung, multi-paned with projecting muntins, usually in patterns of 6 over 6. •cornices Cornice lines include a wide trim board beneath the cornice line. While the trim is typically undecorated, it may also contain a complex design. •columns In the Greek Revival style, columns are the most prominent feature. They may dominate the full facade of the house, or may only be found on the entry porches. Greek columns are the most widely- used column type, however, it is not uncommon to see Roman columns as well. Capitals used in this style include Doric, Ionic and Corinthian. variations within the classical style 19 Elevation Options architectural stylesMassing Options massinG & facade comPosition While the main body of the house is typically a simple rectangular form, variety in Classical homes are the result of Add-On elements such as appendages and wings. Classical houses have a standard of three or five bays typically with the long axis parallel to the street. Side wings are smaller than the main body and have roofs separate from that of the main body of the house. While the addition of Add-On elements may make the house asymmetrical in overall massing, the symmetrical arrangement of the windows and doors is consistent on the main body of the house. Roofs are medium sloped and complementary to the facade below. They provide a cap that is neither dominant or subordinate. Hipped or gabbled, the roof pitches are typically 7/12 to 10/12. Greek Revival gables are 6/12. The first floor shall be elevated 24” to 36” above finished grade. Front gable frontage Side gable frontage Front court Side gable with extension wings Front gable with extension wings and front court classical style 20 Door Options / Samples Window Options / Samples architectural stylesdetails: windows & doors windows Windows have vertical proportions and are double-hung in appearance with multiple panes and clear glazing. Windows have projecting muntins in patterns of 6 over 6, 8 over 8, or 9 over 9, depending on the style variation. Windows may be simple and elegant, or may have elaborately detailed window crowns. Accent or specialty windows are often found on Classical houses, often above the main entrance or in a pediment. These windows can range from a simple round window to a more elaborate Palladian or triple window. Accent windows may also be found in the gable ends and on side wings. Shutters may be panel or louvered, sized appropriately to close over the windows, and should be mounted with hardware to appear operable. doors The standard door is a 4, 6 or 8 panel door, and may be flanked by sidelights and a full transom. Variations on door panels and glazing may be acceptable, and must be sumitted for approval. Fenestration at the door will vary from simple plain moldings to more elaborate trim work. It is possible to match simple window casings with a more detailed door surround on the same elevation, as this is a common method to accentuate the main entrance. classical style 21 Porch Massing Options Typical Porches & Balconies Typical Column architectural stylesdetails: Porches & balconies columns & entablatures Porches & balconies Porches and portico style entrances create the strong central feature of a Classical house. The level of detail of these elements should be in character with the overall house. Elaboration is appropriate at the main entrance but should not be excessive. One- or two-story columned porches are a prominent feature of Classical houses in the Greek Revival style. The porch roof may have a gable end or flat roof with balustrade, supported by Columns of Classical orders. Capitals may be Doric, Ionic, or Corinthian. Two-story porches may have either one or two floors. The entry portico is commonly found on Georgian and Colonial Revival styles. Entry porticos may have a gabled end roof, flat roof, or balustrade top, supported by single or twin columns. Round or square classically proportioned columns are appropriate. columns & entablatures Columns not only serve as structural components that support the roof, porches and porticos, but also as key components of a rich architectural language. They are typically topped by triangular entablatures consisting of architrave, frieze, and cornice which proportionally relate to the column, generally by about one fourth of the column height. Classical style homes feature the classical orders of columns. The Doric, which is the simplest of all, has fluted concave grooves on the shaft and is topped by a smooth capital that flares from the column to meet a square flat slab; the Ionic, is more slender that the Doric and has a pair of characteristic spiral scroll-like ornaments that laid on the molded cap of the column or spring from within it; and the Corinthian, which is the most ornamented one of the three because of its distinctive carved capital which features a single or double row of stylized leaves. Single Column Portico Twin Column Portico Front-side Porch Side Porch Two-story Porch classical style 22 details: dormers & cornices dormers Dormers should generally be composed as a secondary architectural element to complement the primary form of the main structure, and may be functional or nonfunctional. They should be vertically scaled and proportioned and should tightly frame an appropriately sized and styled window. Dormer overhangs and rakes should be tight to the main body of the dormer, and should be consistent on all three sides. Dormer windows are multi-paned, with projecting muntins. cornices Well detailed cornices are characteristic of the Classical style.The appropriate selection, detailing and implementation of cornices and rakes is critical for an appropriate house design. For Classical styles, cornices are usually part of a boxed roof-wall junction with an 8” to 12” overhang, and are frequently embellished with dentils or modillions. Gable ends will generally have cornice returns. Roofing or flashing material above the return will not be visible from the ground level. The construction documents must contain details and sections which clearly illustrate the style, components, sizes and location of any cornice and rake. architectural stylesTypical Dormers Typical Cornice classical style 23 architectural stylesWhitehall Customized Mailbox #17633 Bronze Mailbox Works 1743 Quincy Avenue Suite 151 Naperville, IL. 60540 Phone: (630) 355-9989 Post oPtions: other oPtions: font tyPe:Preffered mailbox: Estate Streetside Mailbox Package #18004 Whitehall Superior Streetside Mailbox Package #17626 Whitehall Superior Streetside Mailbox Package with Ball Finial & Door Plaque #18003 Whitehall Black Liberty Mailbox Package #17557 Optional Topper classical style 24 The English Tudor style developed as a derivative of Medieval Revival architecture, based on Elizabethan English and Jacobean styles adapted to the Queen Ann House. As the style evolved, it began to emulate the English Renaissance styles of the 16th and 17th centuries, becoming what we know today as English Tudor. A common characteristic of the style is the use of decorative half timber, hinting at its Medieval influence. Steeply pitched roofs with crossing gables are punctuated by intricately decorated chimneys. Tall narrow windows, semi-hexagonal one and two-story bays, and oriel windows typify the style. The English Tudor house is clad in brick, stone, or light colored stucco, often in a combination of these materials. Intricate patterns in the brick and stone add textural interest. Steeply pitched gabled roofs are typically finished in slate, flat tile, or wood shingles.architectural stylesenGlish tudor style 25 Massing Options Elevation Options massinG & façade comPosition The English Tudor style has an asymmetrical form, primarily defined by very steep crossing gabled roofs, with at least one prominent front facing gable. The massing is typically arranged around a central hall, with wings and bays of rooms added in an organic manner, organized as clusters. This gives way to irregular roof lines, gable crossings, and tower elements. The asymmetrical plan and massing permit it to fit almost any type house, from a small townhouse to a large estate home. This style is usually a two story home, with the second floor most often occurring at least partially within the roof gables. The second floor often overhangs the first floor. Large, elaborate chimneys with multiple flues are commonly found in prominent locations on the front or side of the home. Roof pitches are a minimum of 10-in-12. The minimum floor to ceiling heights are 10’ for the first floor and 9’ for the second floor. The first floor shall be elevated a minimum of 12” to 18” above finished grade.architectural stylesFront gable frontage Side gable with front gable extension Side gable with front gable extensions enGlish tudor style 26 Door Options / Samples Window Options / Samples details: windows & doors windows Windows may be either casement or double-hung, multi-paned in a square or diamond pattern, and must have projecting muntins on the outside of the glass. Cast stone mullions may divide casements and transoms. Windows are often grouped in strings of two or more. Arched windows, one-and two-story bays and oriel windows are frequently found on the English Tudor home. Although heavily tinted glazing is not appropriate, leaded glass and stained glass is commonly used for special windows. doors Doors vary in style and size. Heavy board-and-batten or wood panel doors in simple round-arched doorways are common. Paneled doors with glazing are also appropriate.architectural stylesenGlish tudor style 27 Porch Massing Options Typical Porches & Porticos details: Porches & Porticos entablatures Porches & Porticos Front façade porches on English Tudor homes are typically small entry porches, often taking the form of a simple arched opening recessed into the mass of the house. Variations can include stoops extending from the main house volume with their own roof. These can be of heavily timbered wood, complementing decorative half-timber detail found elsewhere on the house, or, may feature an arcade of arched openings, clad in brick, stone, or stucco. Side porches are common, and are frequently under the main roof of the house. A portecochere is an appropriate element to accomodate side entry to the home and screen garages from view. Though not a common feature, balconies may be found on the English Tudor house. A small balconette in wood or iron is an appropriate element when added to a French door. Small second floor porches may be incorporated into the main mass of the house. entablatures Entablatures on English Tudor homes are typically timbered wood to complement the columns and the half-timbered details found elsewhere on the house.architectural stylesFront Stoop Entry Front Entry Portico One-story porch at intersection of wing One-story porch located between wings enGlish tudor style 28 Typical Dormers Typical Cornice details: dormers & cornices dormers The English Tudor house may have dormers with gabled, hipped, shed or arched roofs. In keeping with the varied rooflines, multiple elements and multiple materials found in this style, it is not unusual to see multiple styles of dormers on a single house. In general, dormers should be vertically scaled and proportioned and should tightly frame an appropriately sized and styled window. Dormer overhangs and rakes should be tight to the main body of the dormer, and should be consistent on all three sides. eave detail Roof overhangs are typically shallow, or may flare upward at the roof-wall junction. Cornices may be elaborately detailed with patterned brick. An open eave with exposed, shaped rafter tails, or with decorative verge boards is also appropriate. architectural stylesenGlish tudor style 29 architectural stylesfont tyPe:Preffered mailbox: Coronado 5507B Black Decorative Mailbox Post Residential Mailbox Package with Locking Option #18283 Mailboxixchange (800) 448-2870 enGlish tudor style 30 architectural stylesDrawing from the influence of the architecture found in the Mediterranean region including Spain and Italy, and heavily influenced in the United States by the Italian Renaissance Revival, the Mediterranean style home exhibits a simple, centrally focused form with often asymmetrically placed windows, door and arcades. Common architectural elements include, loggias and porticos facing the street, low sloped hipped roofs with broad overhangs and decorative brackets, upper level “balconettes” and full size balconies over arcades or brackets for structural support. Arches are common especially at porches, which are typically recessed on the main body of the building behind the arcades. The design characteristics of the Mediterranean style have evolved from the climate, topography, people’s lifestyles and cultures. The rocky, sloping sites with a view to the sea and a temperate climate have resulted in some recognizable design characteristics that apply to plan layout and building massing. A Mediterranean style home tends to be an open plan, in order to capture views from as many rooms as possible. The use of structural columns and arches reflect the style’s classical roots. In some style variations, a courtyard with a fountain is integrated into an outdoor living area used for leisure and dining. Portals, loggias, porticos, verandahs and terraces are all common due to the pragmatic need of shading the interior and the desire to create outdoor rooms to take advantage of the temperate climate. The transition between interior and exterior space is easy and convenient. Style variations include Italian/Italian Villa, Tuscan, Mission (derived from Spanish) and Monterrey. Typically, the walls are clad in stucco, and decorative trim or other decorative elements may be found around windows and doors. Depending on the particular style variation, roofing material may be barrel tile in terra cotta colors or flat tile. mediterranean style 31 architectural stylestuscan The Tuscan style began in England as part of the Picturesque Movement, and appeared in the United States in the 1830s. With its romantic interpretations of the villas of Tuscany, Umbria and Lombardy, the style dominated between 1850 through 1880. The distinguishing features of the Tuscan style are: •roofs Roofs are low pitched and broad and may be hipped, centered gable, or front gabled. Roof pitches are 5/12 to 7/12. Wide overhangs with decorative brackets underneath are commonly found. Roofing material is barrel tile in terra cotta colors. •windows Windows are generally tall and narrow with tops that may either be rectangular or arched. Typically, arched windows are topped with a U-shaped crown with brackets. Paired and triple windows may occur in some cases. •Porches Tuscan porches are single story and restricted from being overly ornate. Small entry porches are the most common type of porch, however, full-facade porches are frequently found in the style. Square posts with beveled corners are the typical porch roof support. mission California is considered the birthplace of the Mission style. It is modeled after the quaint churches built by Spanish missionaries in colonial days. The earliest versions of the style were built in the 1890s, and by the 1900s, the style had begun to spread eastward. It has been referred to as the “Californian counterpart” of the Colonial Revival style, which was gaining popularity in the east around the same time. The distinguishing features of the Mission style are: •roofs Mission style roofs tend to have a low pitch 5/12 to 7/12, and are covered by barrel mission tiles in terra cotta colors. Projecting from the roof form may be a mission-shaped dormer or parapet roof. Visor roofs are cantilevered out from the stucco wall. •windows Quatrefoil windows are commonly found on Mission style houses. The decorative detailing sometimes found accompanying them is absent in this style. •Porches Porches are prominent features in Mission style houses. They can be full-facade or entry porches. The roofs are supported by large, square piers typically arched above. •details Patterned tiles, carved stonework or other wall surface ornaments are occasionally used. monterey The first buildings by the Spanish colonists were one-story buildings with low pitched roofs and thick masonry walls. Over time, these buildings transformed into complex two- story buildings with the same thick walls and long narrow porches on the upper level, creating the Monterey style. Monterey style houses are sometimes referred to as Creole French houses, due to the similarity between the two styles. The distinguishing features of the Monterey style are: •roofs A simple gable roof at a low pitch of 5/12 to 7/12 is typical of the Monterey style. A low hipped roof is occasionally used. Roof material is either wood shingles or tile. •windows Windows are vertically proportioned, and may appear in pairs. Shutters are often used. •balconies Second story balconies are a common feature. They are cantilevered and covered by the principal roof. Detailing on the balcony and balustrades is wooden. •details Cladding can be stucco, wood (shingles or board and batten) or brick. Two different cladding materials may be used to differentiate the first and second floor, with wood over brick being the most frequently used combination. italian villa Italian style houses historically were built in the early part of the 20th century, although they were far less common than other styles of the time such as Craftsman, Tudor or Colonial Revival. The style combines Mediterranean and Classical elements to create a style identified by broad bracketed eaves and arched loggias. The Italian Villa is frequently characterized by a combination of a tower with two-story “L” or “T” shaped volumes. Other distinguishing characteristics of the Italian are: •roofs Roofs are hipped with a low pitch of 5/12 to 7/12. They typically have broad overhangs and boxed eaves with decorative brackets underneath. Roofing material may be barrel tile, flat tile, or slate. •windows Windows are arranged in a manner to create a symmetrical facade. Second floor windows tend to be smaller and less ornate than those on the first floor. Windows have vertical proportions, and are commonly arched on the first floor. Quoins and pedimented windows are also common decorative window features. •details Decorative details commonly found on Italian style houses include roof-line balustrades, Classical door surrounds, molded cornices and belt courses. variations within the mediterranean style 32 architectural stylesmassinG & facade comPosition The Mediterranean massing easily fits into a symmetrical or asymmetrical form. The basic massing will start with the rectangular or square block which can easily be expanded or enhanced by the addition of smaller volumes, either to the front of the building or to the sides. For most Mediterranean styles, the roof form is hipped, with the typical low slope reinforcing the generally horizontal nature of the style. The Monterrey style variation often has a low-pitched gable roof. The elevation may have a symmetrical arrangement of windows and doors, or an asymmetrical arrangement coupled with an asymmetrical placement of additional massing elements. A common element of the style is the arcade porch or balcony set within the mass of the house. This can reinforce the symmetrical balance of the wall, or if placed off center, will add variation to the asymmetrical facade. The first floor shall be elevated a minimum of 18” above the finished grade. Massing Options Elevation Options Square side hip frontage Front hip frontage Side hip frontage Side gable with front gable extension Side gable with front gable court extensions mediterranean style 33 architectural stylesdetails: windows & doors windows Windows may be either casement or hung, depending on the particular style variation, and will have projecting muntins. The fenestration will depend on the character of the house. An elaborate house will have a more intricate surround and a more modest home will use simple punched openings. Windows are generally vertical in proportion, and may be rectangular or arched. They can be grouped together in pairs or triples as well as placed individually. Often, the upper story windows will be smaller and less elaborate than windows at the first story. Homes in the Italian style frequently have windows with elaborately detailed window crowns. doors Doors vary both in style and size. Unembellished panel or vertical board doors are found on the more austere house while richly detailed entries are found on the larger high-style examples of the Mediterranean house. Doors with glazing are common, and pairs of French doors often open onto balconies and loggias. Door Options / Samples Window Options / Samples mediterranean style 34 architectural stylesdetails: Porches & balconies columns & entablatures Porches & balconies Mediterranean porches are recessed into the mass of the house either at the first story, second story, or both. They will be enclosed by a colonnade or arcade. The columns or piers will vary in detailing depending on the level of detail throughout the house. A common approach is a colonnade of simple arches supported on piers at the main level. Not as common, but still appropriate, are porches that extend from the main house volume with their own roof. These porches will have an arcade of arched openings. Balconettes are an appropriate element added to specialty windows or French doors. columns & entablatures Since common architectural elements of a Mediterranean house include loggias and porticos, columns are a very important architetcural element. They vary in size and style, depending on the style variation of the house. One can find Doric columns from the classical order, simple thin squared wood columns, or very heavy looking concrete columns commonly linked together by arches that lead to porches and porticos. Typical Porches & Balconies Typical Columns Porch Massing Options Front Entry Portico One-story full-facade Porch Two-story Porch mediterranean style 35 architectural stylesdetails: dormers & cornices dormers Dormers are rarely used on most Mediterranean styles. Style variations such as the Mission style will occasionally have a shaped dormer, similar in profile to complement a shaped parapet. cornices In general, Mediterranean styles may have either minimal or no roof overhang, or a deeper overhang of +/- 1’6” with rafter tails exposed. Rafter tails may be shaped with a decorative scroll cut. When there is minimal or no overhang, cornices may be of smooth plaster or cast stone. The lintel, if exposed, should be 6” to 8” in height, should be or appear solid, and should be of cast stone, smooth plaster, or wood. Some style variations are characterized by their deeply overhanging eaves. Homes in the Italian Villa and Tuscan styles will have broadly overhanging boxed eaves with decorative brackets. The roof overhang should be a minimum of 2’6”. The lintel, if exposed, should be 6’ to 8” in height, should be or appear solid, and should be cast stone, smooth plaster, or wood. Typical Dormer mediterranean style Typical Cornices 36 architectural stylesfont tyPe:Preffered mailbox: Antique Street Lamps 2011-B W. Rundberg Ln. Austin, TX. 78758 Ph: 512-977-8444 Fx: 512-977-9622 mediterranean style 37 In the 18th century, the French style was very popular in eastern North America. After the Louisiana Purchase in 1803, the style lost its luster and only remained popular in the New Orleans area. Although the French style regained some momentum in the 1920’s and 1930’s when it began appearing in eclectic neighborhoods, it was not fully re-embraced as a popular style until the 1960’s. The French style is most recognizable by its double- pitched hipped or gabled roof with eaves that typically flare upwards and tall, narrow window and door openings. The massing of a French style house can be either symmetrical or asymmetrical, allowing for flexibility in the floor plan.architectural stylesfrench style 38 massinG & facade comPosition The French style home has a strong vertical proportion derived from the steeply sloped hip roof. This tall roof mass emphasizes verticality, even in a horizontal building. The form of the French house can evolve from a small, narrow one-story structure to the more common three- story volume. The square form with a steep roof above it is prominent. Larger homes have additions to the sides and additional volumes projecting from the main facade to create extended symmetrical and asymmetrical forms. Ridge lines are typically parallel with the front of the house in this style. Elevations are typically divided into three equal bays and will either be arranged with a centered entrance and uniform window placement or an off-centered entrance with a regular window placement to one side of the main doorway. Doors and windows are generally centered within their bay. Further articulation of the facade is achieved through the generous use of dormers, either through the cornice or on the roof. Dormers reinforce the vertical feel of the style. The characteristic roof form unites the various massing options. The first floor shall be elevated 18” to 24” above finished grade.architectural stylesMassing Options Elevation Options Front hip frontage Side hip frontage Front hip with front hip extension Side hip with front hip court extensions Front hip with front hip extension and side hip extension french style 39 details: windows & doors windows Both casement and double-hung are the two types of windows found in French style houses. As a general rule, casement windows are divided into four panes while double-hung windows are 4 over 4 with muntins. A standard proportion for individual windows is 1:2 or 1:3, whether they stand alone or are grouped. First and second floor windows vary in size; windows on the first floor are much taller than those on the second floor. Segmental arch windows are the dominant window type although a flat head is also suitable. Window surrounds are not overly elaborate and will often be quite simple. Shutters are a common element and vary from modest boards shutters to more elaborate paneled versions. doors Doors may be placed in simple arched openings or decorated surrounds depending on the character of the individual house. A modest house will often have an uncomplicated door such as a board or paneled door. More elaborate houses will often be rich in detail with quoins or detailed surrounds. Double door units often have transoms with four panes.architectural stylesDoor Options / Samples Window Options / Samples french style 40 details: Porches & balconies columns & entablatures Porches & balconies Porches and balconies are not typical elements of a French style house. However, add-on elements such as porticos and “juliette” balconies are. Porticos may either be segmented arched porticos or twin column porticos. Both porticos are typically found on two-story houses as either front entry porticos or side porticos. “Juliette” balconies are typically no larger than 4’ in depth. columns & entablatures In French architecture, columns can be seen incorporated into the wall separated by an arch that gives way to the portico. This gives the sense of the portico being carved from the house rather than being added on to it. From the classical orders, the Corinthian column is the most common found in French architecture, but simple wood and metal columns are very common as well. Entablatures are found decorated with simple or ornamented motifs usually done in concrete. Porch Massing Options architectural stylesTypical Porches & Balconies Typical Column Front Stoop Entry Front entry stoop at intersection of wing One-story porch at intersection of wing french style 41 details: dormers and cornices dormers If a double-pitched hipped and gable roof is the most recognizable feature on a French house, narrow dormers are a common feature. They provided the attic with more natural light as well as more bedroom area. They are usually found with gabled or arched roofs, and casement windows with louvered shutters that provide shade from the hot sun. cornices Cornices on French homes are typically detailed very well. The overhangs may flare upward or slope directly from the lower pitch of the roof.architectural stylesTypical Dormers Typical Cornice french style 42 architectural stylesfont tyPe:Preffered mailbox: Antique Street Lamps 2011-B W. Rundberg Ln. Austin, TX. 78758 Ph: 512-977-8444 Fx: 512-977-9622 french style 43 The Texas Regional Vernacular Style is characterized with wide porches mostly wrapping around the main body of the house and large roof overhangs that are well adapted to the warm climate. This style emphasizes sparse ornamentation and outdoor living. The Texas Regional Modern Vernacular home is narrow (typically one room deep) to allow for through ventilation. It was influenced by the Prairie, Bungalow and modern styles (a combination of vernacular/high tech), becoming widely used by the late 20th century in the search for a more regional architecture where climate, local traditions and materials spoke of the design. The main construction material used is colorful Texas limestone combined with standing seam metal roofs, granite and solid masonry. This style is one or two stories, but typically one story high. architectural stylestexas reGional vernacular style 44 massinG & facade comPosition The Texas Regional Vernacular accommodates both symmetrical and specially asymmetrical facades in a well balanced composition. Basic rectangular building forms in either “L”, “U” or “Zigzag” shapes create a composition of volumes. Texas Regional Vernacular homes are typically one story with deep porches and large overhangs. Low roof pitch with standing-seam metal roofing is typical, but also flat and shed roofs are used. The elevation shows symmetrical and specially asymmetrical placement of windows and doors in a well balanced composition. Large glazing openings are common. The typical cladding material is colorful Texas limestone. Brick and concrete block are also used. The first floor shall be elevated 24” to 36” above the finished grade.architectural stylesElevation Options Front gable frontage Side and front gable Front gable frontage with side gable extension Side gable extended texas reGional vernacular style Massing Options Lake Flato Architects 45 details: windows & doors windows Windows are typically single pane and its surrounds are not overly elaborate and will often be very simple. They are typically steel fixed sash or casements. Wood frame windows occur occasionally and usually have only horizontal muntins with no vertical members. Like in many Mid-century modern and Prairie style, windows are typically arranged in a single or in horizontal rows or what is called “ribbons” with simple frames, also rows of windows may wrap the corner of a building, and glass walls are usually common extending the interior to the outside. doors Doors are typically simple and are made of metal or wood and disregard any decorative elements like panelings. In some cases, simple decorative elements are applied to the doors, such as shutters or simple geometric patterns, but are usually disguised.architectural stylesDoor Options / Samples Window Options / Samples texas reGional vernacular style Manning Architecture 46 details: Porches & balconies columns & entablatures Deep porches are typical of this style. Porches will be cover by large overhang roofs. In a two story house, balconies in most cases are recessed into or are part of the overall volume. Other typical characteristics of the style are private terraces and gardens, further enhancing the indoor/ outdoor relationship. While square wood posts are common, metal or Texas limestone cladded columns are also used.architectural stylesPorch Massing Options Typical Porch Typical Columns texas reGional vernacular style Front-side porch Side porch Side porch extension Lake Flato Architects Manning Architecture 47 details: dormers and cornices While the Texas Regional Vernacular style is composed of many different architectural elements, dormers and cornices are not common elements to the style. Dormers, when present, are typically add-on elements to the roof to allow for more natural light to stream through the home. Cornices are not typically used because of the elaboration of the roof overhangs.architectural stylestexas reGional vernacular style Lake Flato Architects Manning Architecture Manning ArchitectureBarley Pfiffer Architects Typical CorniceTypical Dormer 48 architectural stylesfont tyPe:Preffered mailbox: Mailboxixchange (800) 448-2870 HouseArt DaVinci Post Mounted Residential Mailbox #18263 2510DB Contemporary Dark Bronze HouseArt DaVinci Post Note: The finish in this photograh is stainless steel. The finish of the actual post is dark bronze to match mailbox texas reGional vernacular style 49 contemPorary style The Contemporary style is open to interpretation and therefore difficult to define. However, it is the intent of these General Architectural Provisions to establish acceptable practices while defining non-appropriate architectural designs. The Contemporary Interpretation of the previous styles is an attempt to allow for more abstract interpretation of the historically grounded modern styles. The use of natural materials, quality construction techniques, and proper proportion, scale, and design sensibility is key to the successful execution of this style. Floor plans may be open in concept, but may not be ‘box’ like. One, two, and three-story volumes are allowed with single story masses preferred around courtyards or outdoor spaces. Covered walkways or corridors connect separate building structures or outdoor spaces. The use of water features, fountains, pools, and fire elements is encouraged. Exterior surfaces are usually stucco, tile, or stone with deep recessed openings typical. Balconies, deep overhanging roof lines, and abstracted detailing are encouraged. The articulation of building forms with asymmetrical massing, punctuated planes in space, and large openings to outdoor living spaces is typical of this style.architectural styles 50 Building Form, Massing, and Plan Geometry Homes may be long, rectangular two and three-story structures. Maximum allowable building height is 35 feet. The overall house massing should incorporate outdoor rooms, or courtyards. Bedrooms and service spaces may extend into wings to capture rear views. Expansive floor plans with large outdoor living spaces are a key characteristic of this style. Floor plan geometry is typically a simplified rectangular ‘bar’ shape or juxtaposed curvilinear in form. A consistent roof material should unify the broken plan forms, outdoor spaces and connecting passageways. Little or no decorative ornamentation is used in this style Ornamentation consists of abstract material usage, lighting, patterns, and composition. Expressing the nature of the building materials, exposed steel, concrete, natural stone, wood, and the interplay of light, shadow, transparency, and opacity is encouraged. Heavy wood panels, sheet steel, stone patterns, abstract metal light fixtures, and glazing systems are typical details for this style. contemPorary stylecontemPorary style architectural styles 51 details: columns and exterior elements Columns: Columns may be stucco, cut stone, terra cotta, steel, or case concrete with expressed connections a the caps and bases. Simple rectangular piers may be used in arcades and loggias. They are typically steel, stone, precast, masonry, or stucco. Exterior Spaces: Individual spaces of varying volumes may be grouped together around a primary central court. Corridors or open-air halls that surround courtyards or patios are encouraged. Roofed corridors and high walls may surround bedroom patios to provide protection from the weather, as well as provide visual privacy from neighbors. Trellises of wood or metal are commonly used in this style. Pools, fountains, waterfalls, fire elements, and other outdoor amenities are encouraged. Exterior elevations should express a sense of deep wall mass with deep openings. Walls may be metal clad, stone, or stucco finished with expansive, plain, white washed or earth-tone surfaces. Large openings with expansive glass window or door systems are typical on courtyards and rear elevations. Openings on the front elevation should be relatively small and widely spaced except at the primary entry point or along covered arcades. contemPorary style architectural styles 52 details: windows & doors Windows: • Window placement in the façade may be informal as dictated by the floor plan. • Windows may be deeply recessed in thick walls with sloping sills, and may have no surrounds. • Window shutters are discouraged. • Window sizes may vary and be framed on both sides by thin structural frames. • Stucco grilles may not be used. • Large operable windows are encouraged. Doors: • Entry door may be pivot doors. • Doors to patios, gardens, courtyards, or balconies may be sliding, bi-fold, or paired. • Door hardware may be simple iron, bronze, or stainless steel. contemPorary style architectural styles 53 details: claddinG and roof Roof: • Primary roof type should be the shed, hip, or flat roof with a horizontal eave line dominating the front elevation. • Gable roofs are not typical of this style unless in abstract form. • Roof pitches are encouraged to be shallow with a maximum of 4:12 except for barrel or abstractly shaped roofs. • Roofs over exterior spaces may be extensions of the main roof and should be supported on stucco, stone, masonry, or steel columns. • Provide roofs or trellises on exterior connecting passageways to unify the building forms. • Simple chimney shafts may penetrate the roof as required. Asymmetrical chimneys flush with exterior walls are encouraged. • Chimney shroud should be recessed or hidden within the chimney mass. • Rafter tails are not typically used in this style. • Rakes may be either flush, or built out over metal clad structure. • Eaves should have very deep overhangs typically. Often roof overhangs may exceed four feet at loggias and arcades. • Simplified eave profiles, wood soffits, and metal clad fascia are common. • Roof Materials • Roofing may be natural metal, tile, or other material subject to approval. • Roofing patterns may be non uniform if appropriate to the design. • Highly reflective materials, glossy ceramic finishes, and painted metal roofs are not acceptable. • Simple stucco detailing with little or no trim should be used with this style. • Window and door selection along with accent lighting are paramount to the successful execution of this style. contemPorary style architectural styles 54 landscaPe Patternsterraces, courts, and Patios driveways and autocourts community standards and lot layout Zones front yards side yard and rear yard entrywalk and stairs Plant materials landscaPe develoPment landscaPe Patterns 55 landscaPe PatternslandscaPe Patterns terraces, courts and Patios Terraces, courts and patios may be attached to the home or detached from the house within the garden. When attached to the home, material must be complimentary to the architecture. Acknowledgement and enhancement of the relationship between the exterior and interior is encouraged for paving materials and patterns. It is important that the public space (front yard) and private space (side and rear yard) be totally integrated into the landscape design of the gardens for the residence. Paving materials should consist of the following approved materials: • Concrete (if colored concrete is used, it must be tex- tured and patterned) • Brick set on concrete sub-slab • Stone, cut or natural, set on concrete sub-slab • Gravel/decorative rock layered with fine and compacted/ decomposed granite • Pre-cast concrete pavers. • Decorative tile in character with the architecture • Interlocking pavers, unit concrete pavers, and stamped concrete will not be allowed. 56 landscaPe PatternslandscaPe Patterns If walls are used for lots not backing up to a perimeter public street, the rear fence shall be 6’-0” consistent with the exterior iron fence. Terraces, Courts, and Patio Walls If walls are utilized to create sense of enclosure and intimacy and are not associated with the property line, they may be no higher than 3’-0” in the front yard and 6’- 0” in the rear yard. Variations in height may be considered when enclosing patios in the rear of home if they are attached to the home. Front Yard Gates and Archways Gates in the front yard are not permitted. Decorative iron or wood archways are allowed. Side Yard Gates and Archways All side yard gates are to be decorative iron or wood. These gates should be designed to compliment the architecture of the residence. Gates may be no smaller than 6’-0” tall and no taller than 8’-0”. Stem walls extending from the house, incorporating the gate and terminating into the stone wall that follows the side yard property line must be an extension of the house. The wood or iron gate will be located within the wall façade. 57 landscaPe PatternslandscaPe Patterns driveways and auto courts Driveways must be sited to minimize the impact of existing grades and trees. The driveway and auto courts must compliment the paving materials utilized in the entry walks, terraces, and patios in the front yard and accentuate the character of the house. The following materials may be used: • Concrete (If colored concrete is used, it must be textured and patterned) • Brick set on concrete sub-slab • Stone, cut or natural, set on concrete sub-slab • Gravel/decorative rock layered with fine and compacted/ decomposed granite • Pre-cast concrete pavers • Decorative tile in character with the architecture • Interlocking pavers, unit concrete pavers, and stamped concrete will not be allowed. Auto courts must be screened with landscaping or a low 3’-0” wall. If landscape is utilized for screening, plant material must reach the 3’-0“ height at time of planting and create an instant uniform dense hedge. The hedge may be natural or clipped but must block visability up to 3’-0”. Paving materials within the courts must be accentuated paving beyond grey concrete typical to the character of the house. Enhanced material must compliment entry walks, terraces, courts and patios. Any methods used to break up the impact of the driveway in the front yard are encouraged through the utilization of paving patterns and textures, mixing materials, and inserting landscape center strips within the drive. If lawn is inserted, it must be St. Augustine, Bermuda, or Zoysia to extend and compliment the lawn in the front yard. 58 landscaPe PatternslandscaPe Patterns community standards and lot layout Zones When reviewing the opportunities for creating gardens, it is essential to consider the overall goals of the community and the environmental heritage of the site. • Enhance the unique environmental character of each Home Site within Quail Hollow • Compliment the existing lot environment. • Review each individual lot as an integral component of the neighborhood in which it is placed. The internal garden spaces must reflect and compliment the site conditions and architectural character of the residence. • Location of the residences must be positioned to minimize grading and impact on existing trees. 59 landscaPe PatternslandscaPe Patterns front yards Right of way landscape in front of each lot must be installed by the homeowner. • St. Augustine, Bermuda, or Zoysia lawn sod • Automated irrigation system connected to the house • Mailbox 40’ Front Yard Setback • Three 4” caliper canopy trees planted 30 ft. on center within the frontage right of way • Two 2.5” caliper ornamental trees • 60% of front yard setback should be St. Augustine, Bermuda, or Zoysia lawn-sod • 40% of front yard should be designated as landscape other than sod. Every 400 sq. ft. of area designated as landscape shall be broken down as follows: o 15 gallon/5 gall shrubs- 200 sq. ft./50% of area o 1 gallon shrubs- 60 sq. ft./15% of area o Groundcover, annuals, and perennials- 140 sq. ft./35% of area o 15 gallon/5 gallon vines and espaliers planted on low garden walls connect to the house or on the façade of the house. 60 landscaPe PatternslandscaPe Patterns Note: A. City of Westlake Landscape and Tree Mitigation Ordinances (list) supplement these guidelines and must be complete and approved prior to landscape permit. B. Saving specimen trees during construction may eliminate the requirements for adding 4” canopy trees. This shall be evaluated on a case by case basis, and the number of actual trees saved will determine how many canopy trees are required. C. Those lots with electrical transformers shall manipulate the landscape design to screen transformers. Transformers that are located on the property line require adjacent residences to develop the front yards in unison to accomplish the screening. No transformers are to located in lawn. D. If landscape work is completed in the fall or winter, lawn should be seeded with rye. All sod shall be laid in early spring. 61 side yard The side yard landscape is to enhance the foundation of the residence and soften the side yard walls and fences. Landscape areas between houses and side yard fence should include: • Vine/espalier-15 gallon per 15’-0” • Continual shrub foundation planning for house and wall and fence- four 5 gallon for every 12’-0” • If side yards are more than 10’-0” wide, one 4”caliper canopy tree shall be planted for every 400 sq. ft. • If a side yard fence or yard is not used, hedges up to 5’-0” can be installed with a minimum height of 3’-0” at the time on planting. Hedge density must create a continual barrier upon planting rear yard Rear yards facing public right of way should include a 40’0” minimum setback landscaPe Patterns landscaPe Patterns 62 entry walk Entry walks leading from the street or driveway to the house should: • Reflect the architectural style and character of the residence. Material must be compatible and an extension of the house leading to the street. • Respond to the topography of the lot. • Reflect and enhance the character and design intent for the front garden and compliment terraces, patios and parking courts. • Consist of the following approved paving: o Concrete (if colored concrete is used, it must be textured and patterned) o Brick set on concrete sub-slab o Stone, cut or natural, set on concrete sub-slab o Gravel/decorative rock layered with fine and compacted/ decomposed granite o Pre-cast concrete pavers. o Decorative tile in character with the architecture o Interlocking pavers, unit concrete pavers, and stamped concrete will not be allowed. stairs All stairs are to be blended into and reflect the contours of the topography. Stairs are to be constructed of the same material as the walkways. Side walls for stairs may only be utilized to finish the grade and must be limited to a maximum height of 6” above the sidewalk, if the stairs are in the middle of the yard. Stairs may be integrated into the terraced retaining walls in the front yard. Wall pediments may be used to create a gateway for the front walk leading to the residence. landscaPe Patterns landscaPe Patterns 63 Plant materials All plant material is to conform to American Standard for Nursery Stock- ANSI Z60.1 All plants shall conform to quantity and quality standards as set forth in USDA Standard for Nursery Stock, Publication No. 260.1 • Canopy trees • Ornamental trees • Large evergreen shrubs • Small and intermediate shrubs and ornamentals • Grasses • Vines • Groundcover • Lawn- minimum age of 18 months: weed free – 100% St. Augustine sod, overseed winter months with rye grass and sod with St. Augustine in the spring Canopy Trees Minimum size: 4” cal./65 gal. Acer species- Maple Carya illinoensis- Pecan Carya nigra- Black Walnut Ginkgo biloba- Gingko (male) Koelreuteria paniculata- Golden Rain Tree Juniperus virginiana- Easter Red Cedar Liquidambar styraciflua- Sweetgum Pistacia chinensis- Chinese Pistache Pistacia texana- Texas Pistache Quercus macrocarpa- Burr Oak Quercus marilandica- Blackjack Oak Quercus muhlenbergii- Chinkapen Oak Quercus shumardii- Shurmard Red Oak Quercus virginiana- Live Oak Quercus stellata- Post Oak Taxodium distichum- Bald Cypress Ulmus americana ‘Athena’- Athena Elm Ulmus crassifolia- Cedar Elm Ulmus parvifolia sempervirens- Lacebark Elm Magnolia species- Magnolia Shumard Oak Live Oak Ginkgo Maples Eastern Red Cedar Bald Cypress Cedar Oak Pecan Lacebark Elm Golden RaintreeChinese Pastache Sweetgum landscaPe Patterns landscaPe Patterns 64 landscaPe Patterns Ornamental Trees Minimum size: 45 gal. Acer palmatum- Japanese Maple Aesculus argula- Texas Buckeye Cercis canadensis ‘Forest Pansy’- Forest Pansy Redbud Cercis canadensis ‘Mexicana’- Mexican Redbud Cercis canadensis ‘Oklahoma’- Oklahoma Redbud Cercis canadensis ‘Texensis’- Texas Redbud Chilopsis linearis- Desert Willow Cornus drummondii- Roughleaf Dogwood Cornus florida- Dogwood Cupressocyparis leylandii- Leyland Cypress Ilex decidua- Possumhaw Holly Ilex vomitoria- Yaupon Holly Ilex vomitoria ‘Pendula’- Weeping Yaupon Lagerstroemia indica- Crape Myrtle Magnolia deciduous species Magnolia ‘Little Gem’- Dwarf Southern Magnolia’ Malus species- Crabapple Myrica cerifera- Wax Myrtle, tree form Prunus caroliniana- Cherry laurel Prunus Mexicana- Mexican Plum Sophora affinis- Eve’s Necklace Sophora secundiflora- Texas Mountain Laurel Ungnadia speciosa- Mexican Buckeye Viburnum rufidulum- Rusty Blackhaw Viburnum Vitex agnus-castus- Vitex Large Evergreen Shrubs Minimum size: 15 to 35 gal. Ilex x attenuate ‘Foster’- Foster’s holly Ilex cornuta ‘Burfordii’- Burford holly Illex x ‘Nellie R. Steven’- Nellie R. Stevens holly Ilex opaca (x attenuate) ‘Savannah’- Savannah Holly Juniperus ssp.- Juniper species Loropetalum chinese- Chinese fringe flower Myrica cerifera- Wax Myrtle, shrub form Pyracantha species- Firethorn Rhus viren- Evergreen sumac Crabapple Dogwood Redbud Magnolia Crape myrtle Vitex Mexican buckeye Nellie R Steven holly Blue Point Juniper Foster’s holly Skyrocket juniper landscaPe PatternsJapanese Maple Texas Mountain Laurel 65 landscaPe Patterns Small and Intermediate Shrubs and Ornamentals Minimum size: 5 to 15 gal. Azaleas species- Azaleas Abelia grandiflora- Abelia Abcuba japonica- Japanese Aucuba Berberis thunbergii- Redleaf Barberry Berberis swaseyi- Texas Barberry Berberis species- Barberry Buxus species- Boxwood Callicarpa americana- American Beautyberry Camellia sasanqua- Sasanqua Camellia Cotoneaster species- Cotoneaster Euonymus alatus compacta- Dwarf Burning Bush Fatsia japonica- Japanese Aralia Forsythia x intermedia- Forsythia Hesperaloe parviflora- Red Yucca Hydrangea quercifolia- Oak Leaf Hydrangea Ilex cornuta ‘Burfordii Nana’- Dwarf Burford Holly Ilex cornuta ‘Carissa’- Carissa Holly Ilex cornuta ‘Rotunda’- Rotunda Holly Ilex vomitoria ‘Nana’- Dwarf yaupon Holly Juniperus species- Junipers Lagerstroemia indica ‘Nana’- Dwarf Crape Myrtle Leucophyllum frutescens- Texas Sage Ligustrum lucidum- Japanese Ligustrum Loropetalum chinese- Dwarf varities Mahonia species- Mahonia Myrica pusilla- Dwarf Wax Myrtle Nandina domestica ‘Harbor Dwarf’, ‘Gulf Stream’ and ‘Moon Bay’- Harbor Dwarf, Gulf Stream, and Moon Bay Nadina Pittosporum tobira- Pittosporum Rosa banksia- Lady Banksia Rose Rhaphiolepis indica- Indian Hawthorn Rhus aromatic- Fragrant Sumac Rhus glabra- Smooth Sumac Rosa species- Roses, improved and also shrub form Salvia greggii- Autumn Sage Salvia regal- Mountain Sage Symphoricarpos orbiculatus- coralberry Spirea species- Spirea Viburnum species- Vibernum Yucca species- Yucca Azalea Barberry Boxwood Juniper Red yucca Nadina Indian hawthornSalvia Spirea Mahonia Texas sage EuonymusVirburnum landscaPe Patterns 66 landscaPe Patterns Grasses Minimum size: 1 to 5 gal. Bouteloua curtipendula- Sideoats grama Carex species- Sedges Eragrotis curvula- Weeping Lovegrass Festuca species- Blue Fescue Helictotrichon sempervirens- Blue Oats Miscanthus sinensis- Maiden Grass Varieties Muhlenbergia species- Muhly Grass Pennisetum species- Fountain Grass Schizachyrium scoparium- Little Bluestem Sorghastrum nutans- Indian Hawthorn Stipa species- Feather Grass Ground Covers Minimum size- 4” pots Ajuga reptans- Ajuga Euonymus fortunei ‘Coloratus’- Purple Winter Creeper Juniperus species- Spreading Junipers Lirope species- Lirope Ophiopogon japonicum- Ophiopogon Rosemarinus ‘Lockwood de Forest’- Rosemary Vinca major- Bigleaf Periwinkle Vinca minor- Dwarf Periwinkle Vines Minimum size- 15 gal. Campsis radicans- Trumpet Vine Gelsemium sempervirens- Carolina Jessamine Hedera helix- English Ivy Juniperus species- Spreading Junipers Parthenocissus tricuspidata- Boston Ivy Trachelospermum asiaticum- Asian Jasmine Wisteria specie- Wisteria Plant Material Substitutions When a specific type of plant material ceases to become generally available, then the ARC shall have the right, in its sole discretion, to recommend appropriate substitutions. Alternate recommendations of plant material not appearing above can be made, yet must be approved by the ARC. Blue Fescue Blue Oats Ajuga Lirope Spreading junipers Wintercreeper Vinca Indian Grass Little Bluestem English ivyCarolina jasmine WisteriaBoston ivyAsian jasmine Weeping Lovegrass landscaPe Patterns 67 landscaPe Patterns landscaPe develoPment Plan Plans for any installed landscape or major alterations to existing gardens in or upon any site must be approved by the ARC. Submitted plans must include all aspects outside the residence including utilities, hardscape, structures, pools and fountains, planting and irrigation per the design of a registered landscape architect and licensed irrigator. Site Line Requirements Landscape treatment shall not interfere with sight line requirements at street or driveway intersections. It is the responsibility of the owners and the owner’s consultants to make sure that all such requirements are provided for. Site line requirements and visibility triangles must be delineated on the landscape plans. Regulatory Requirements 1. Contractors are responsible for pulling all applicable permits with governing municipalities and notifying appropriate agencies prior to work and receive certification of approval and completion at the termination of work. 2. Give adequate and required legal notice to owner, utility organizations and governing authorities prior to commencing work. 3. Coordinate operations with other trades, utility firms, and affected public departments to assure continuity of access and service in conformance with the applicable requirements of these organizations. 4. Insurance shall be written for not less than any limit of liability specified as part of the Contract. Certification of such insurance shall be filed with the Owner. 5. Location of the irrigation must be coordinated with planting prior to the installation of plant materials. Any damage to known utility lines during landscape and irrigation construction must be repaired by the landscape subcontractor at their cost. warranties/ Guarantees Warranty: include coverage for one continuous growing season; replace dead or unhealthy plants. Replacements: plants of the same size and species, planted in the next growing season, will have a new warranty commencing on date of replacement. Any plant material that is not healthy, dies, is dying, or the design value of which has been so injured or damaged as to render it unsuitable for the purpose intended shall be replaced immediately by the Contractor at no cost to Owner. The removal of plant material, additional fertilizer and topsoil necessary for replacement shall be at the Contractors expense. Soil compaction for all on grade and over structure planters shall be guaranteed for 1.5 years against improper compaction, excessive settling, and rapid decomposition of soil. materials other than Plants Top Soil 1. All existing topsoil stripped for this work and suitable for reuse must be stored on site and reused. 2. If the quality of existing topsoil is inadequate to complete the work, furnish sufficient topsoil of approved quality to properly install all work as specified. Mulch 1. Organic- Commercial grade shredded hardwood mulch 2. Inorganic- Decorative rock gravel, pea gravel, etc Mulch planting beds and individual tree and shrub planting pits should be at a uniform depth of 1.5”. Mulch shall be kept out of the crown of shrubs and off buildings, sidewalks, lighting standards, and other structures. Mulch elevation needs to match adjacent finished grade and paving surface. Erosion Control 1. Terradyne Group LLC, P.O. Box 867251, Plano, Texas 75086, 214-878-7392, or compatible Guying and Wrapping 1. Wire stays for tree support shall be pliable, number 12-14 guage galvanized wire 2. 12”x12” long non-stretch fabric with grommets 3. Cable for guying trees shall be 3/16 inch diameter, 7 strand, cadmium-plated steel 4. Cable clamp and turnbuckles shall be heavy galvanized or stainless, strong forged steel. Turnbuckles shall be 3/8 inch eye with 6 inch minimum opening. 5. Flags for marking guys shall be 18 inch sections of white one inch diameter PVC pipe. 6. All guys are to be positioned in same direction pattern of wires must be symmetrical and uniform. 7. Tree paint shall be waterproof, asphalt base paint with antiseptic properties for use on tree wounds and shall be Toch Bros. R.I.W. Tree Surgery Paint, Sherwin Williams Pruning Control Compound, or approved substitute 8. Tree guys and stakes shall be removed within one year of planting. Edging Commercial steel edging 1/8” thick by 4” fabricated in sections with loops welded to face of sections 2’-6” O.C. to receive stakes. Provide tapered steel stakes 12” long. Finish edging, sections and stakes with manufacture’s standard green-black paint; manufactured V.T. Ryerson or approved substitute. Edging may also be made of brick , limestone and other approved materials to match hardscape designs.landscaPe Patterns 68 landscaPe Patterns installation Procedure/ execution Installation Landscaping in accordance with the plans submitted and approved by the ARC must be installed on site within 30 days following the completion of the building or as soon as possible allowing for the season for the year, but in no event later than 180 days following completion of the building. Installer Qualifications The company specializing in installing and planting the plants needs at least ten (10) years documented experience. Contractor shall keep on the project during its progress a competent superintendent and any necessary assistants, all satisfactory to the Landscape Architect and Owner’s Representative unless the Superintendent proves to be unsatisfactory. The Superintendent must have a minimum of ten years experience with similar projects and a degree or certificate with horticulture qualifications. Environmental Requirements 1. Do not install plant material when ambient temperatures may drop below 35 degrees Fahrenheit or rise above 100 degrees Fahrenheit. 2. Do not install plant material when wind velocity exceeds 30 mph or 48 k/hr 3. Do not install plant material when soil is saturated and plant pits do not drain. 4. Do not install plant materials without water available on site to water plants directly after installation. 5. Contractor is responsible to review site environmental conditions prior to project commencement. Any discrepancies or concerns of the landscape subcontractor between environmental site conditions (i.e. soil, water, climate, etc) and plant material specified in the plans shall be brought to the attention of the landscape architect in writing. Conditions shall be reviewed and alternatives recommended. Soil Testing A minimum of two (2) soil tests are to be taken throughout the site. Soil test results are to identify existing site soil composition and recommended soil amendments and fertilizer specifically addressing site soil and the plant material on the drawings. When submitting soil samples, provide a list of plant material to the testing lab. The soil sample will identify application rates and frequency. Over structure soil to have amendments and fertilizers thoroughly incorporated into the soil. Analyze to ascertain percentage of nitrogen, phosphorus, potash, soluble salt content, organic matter content, and pH value. Weed, Fungus and Insect Control 1. No material or method shall affect the landscape planting and must conform to Federal, State and Local regulation. 2. Application: The applicator of all weed control materials shall be licensed by the State of Texas as a Herbicide and Insecticide Control Operator and Advisor in addition to any contractor licenses that are required. 3. Submittals: Prior to the installation of any chemical weed control materials, the Herbicide and Insecticide Control Advisor shall submit to the Landscape Architect a list of the weed and pest control materials and quantities per acre intended for use in controlling the weed and pest types prevalent and expected on the site. Control Advisor shall furnish data to demonstrate the compatibility of the weed control materials and methods with the intended planting and seed varieties. Soil Compaction for Landscaping and Drainage 1. Saturate soil with water to test drainage. Insure all landscape areas drain through the sub-surface horizons and over surface to drainage structures. If plant pits do not drain within 24 hours, notify Landscape Architect. 2. Imported soil shall be compacted to a minimum of 80% and a maximum of 85% prior to soil preparation. (The soil shall not be worked with the moisture content so great that excessive compaction will occur, nor when it is so dry that clods will not break readily). Water shall be applied, if necessary, to provide ideal moisture for back filling and for planting as herein specified. 3. All areas: Make entire area smooth and even to finish grade. Cultivate all areas so that there are no humps or hollows, so that areas drain as indicated. Grade to allow free flow of surface water away from the building to catch basin (yard drains) and/or away from the areas without it puddling or ponding and or channeling such that undue erosion could occur. No planting shall occur until site drains as intended. 4. Drainage testing of plant pits: Fill excavations for trees and shrubs with water and allow to percolate out before planting. Notify Landscape Architect if water does not percolate out after 24 hours. Preliminary solutions for tree pits that do not drain is to dig a 12” diameter sump at bottom, fill with gravel and cover gravel with filter fabric per planting detail sheet. Install vent pipes. No tree shall be planted prior to testing of pits. Waterproofing Inspection/ Testing Prior to the installation of any imported soil, backfill, gravel fill or sub-base, the Contractor shall observe the integrity of all water proofing and damp-proofing membranes. All over structure planters shall be flood tested for leaks for a minimum of 24 hours prior to installation of landscape. Planting 1. Sod: St. Augustine, Bermuda, Zoysia minimum age of 18 months, with established root development. Sod shall be weed free. 2. Submit sod certification for grass species and location of sod source, supplier must guarantee replacement if sod fails to root out sufficiently or has weeds. 3. Laying sod: a. Moisten prepared surface immediately prior to laying sod. b. Lay sod within 24 hours after harvesting to prevent deterioration. c. Lay sod tight with no open joints visible, and no overlapping; stagger end joints 12” minimum. Do not stretch or overlap sod pieces. d. Lay smooth. Align with adjoining grass areas. e. Place top elevation of sod ½ inch below adjoining edging and paving curbs. f. Water sodded areas immediately after installation. Saturate sod to 4 inch depth. g. After sod and soil have dried, roll sodded areas to ensure good bond between sod and soil and to remove minor depressions and irregularities.landscaPe Patterns 69 landscaPe Patterns 4. Sod Producer: Company specializing in sod production and harvesting with minimum ten years experience, and certified by the State of Texas. 5. Remove foreign materials, weeds and undesirable plants and their roots. Remove contaminated subsoil. 6. Scarify subsoil to a depth of 12 inches in areas to be planted. Repeat cultivation in areas where equipment used for hauling and spreading materials on site has compacted subsoil. 7. Perform drainage testing on site in tree well pits to insure positive drainage. 8. All soil polluted by gasoline, oil, plaster, construction debris, or other substances which would render it unsuitable for a proper plant growth medium shall be removed from the premises. 9. Spread organic soil ammendment to a minimum depth of 4 inches in all planting beds. Tilled to 8” deeper to integrate topsoil to existing soil. 10. Plant pits for container grown plants larger the 15 gallon size shall have vertical sides and widths 2 times wider than root ball width. 11. Layout: Stake locations and outline bed areas and secure Landscape Architect’s acceptance before start of planting work. Watering Water plants immediately after planting. Do not allow plants to dry out before or while being planted. Keep exposed roots wet with sawdust, peat moss or burlap at all times during planting operations. Apply water in sufficient quantities and as often as seasonal conditions require to keep the ground wet, but not soaking at all times, well below the root systems of the plants and grass. irriGation requirements An automatic underground irrigation system approved by the ARC shall be installed in all landscaped areas on site by a licensed irrigator registered by the State of Texas, and shall be designed to insure that all landscape vegetation is watered as necessary to sustain its design intent. Controllers shall be located on the plans and verified in the field. Controllers must be screened and not visible to the public, yet readily accessible. Full Coverage 1. Adjust heads for 100% coverage 2. No over throw onto streets 3. Consideration given to overwatering natural post oak trees Controllers/ Automatic Adjust control system to achieve time cycles required Underground Pipe 1. Minimum trench size: 4 inches 2. Minimum cover over branch and outlet piping: 12 inches 3. Minimum cover over main line and control wiring: 18 inches maintenance Practices Maintenance Objectives All landscaping shall be designed for reasonable maintenance and all landscaped areas shall be maintained in a quality, well- manicured manner at all times. Quality Control Maintenance program shall include watering, fertilization, pruning, weeding, flower rotation, herbicide applications, pest and disease control, bed cultivation trimming and litter removal in landscaped areas and adjacent paved areas. Procedures Maintenance to include: 1. Cultivation and weeding of all planting areas. 2. Applying herbicides and insecticides in accordance with manufacturer’s instructions. Remedy damage resulting from use of herbicides and insecticides. 3. Irrigation sufficient to saturate root system. Test soil moisture level on weekly basis. 4. Maintaining wrapping, guys, turnbuckles, and stakes: Adjust turnbuckles to keep guy wires tight. Repair or replace accessories when required. 5. Replacement of mulch 6. Fertilizer per soil test reports 7. Sod Maintenance: a. Mow grass at regular intervals to maintain a maximum height of 2-3 inches. Do not cut more than 1/3 of the grass blade at any one mowing. b. Neatly trim edges and hand clip where necessary. c. Immediately remove clippings after mowing and trimming. d. Water to prevent grass and soil from drying out. e. Roll surface to remove minor depressions or irregularities 8. Removal of site trash 9. Promptly replace all plant material and other property damage beyond recovery or repair as a result of maintenance activities. Replacement plants shall match existing size and original specifications of similar plants on the site. 10. Clean up, haul away from the Owner’s property, and legally dispose of all debris resulting from maintenance operations, plus all debris which may have accumulated in the planting beds and immediately adjacent lawn areas and paved surfaces. Remove from the site all litter, leaves, and clippings. Do not blow onto streets, parking areas, or other property. Pesticide and Herbicide Inspection and Application Provide throughout maintenance period as required landscaPe Patterns 70 landscaPe Patterns Pruning 1. NAA- Pruning Standards for Shade Trees 2. Clean, sharp tools 3. Thin out/ remove crossing, damaged, diseased or dead wood 4. Paint all cuts over 1” diameter with tree paint 5. Prune trees annually in January using only experienced tree pruning personnel. 6. Use only experienced tree pruning personnel (proof of Arborist certification) 7. Remove all suckers on a continuous basis 8. Make cuts clean and flush, leaving no stub. . 9. Prune shrubs/groundcover as needed to create design intent. 10. After each cut, disinfect with alcohol all tools used to cut trees where there is a known danger of transmitting disease on tools. Disposal of Debris 1. After completion of planting operations 2. Remove all excess planting materials 3. Legally dispose of excess materials Weeding 1. Remove all weeds 2. Application of all weed control materials by licensed Pest Control Operator Cleaning 1. Paved areas to be free of planting materials 2. Remove accumulated debris in planting beds/ lawn areas 3. Remove from site all litter, leaves, clippings- do not blow onto other areas/property Replacements 1. Promptly replace all damaged plant material 2. Match existing size and original species 3. Substitution of plant material allowed per ARC recommendation.landscaPe Patterns 71 reGulatinG Planlot reGulations reGulatinG Plan The regulating plan shows building placement requirements for every lot in regards to lot size, lot disposition and any special conditions that may be applied depending on the location or visibility of the homes. Its purpose is to assure a consistent look and feel for all lots within a phase and for all phases of the project, as well as, controlling the way the architecture will sit in site, provided that it will be designed by different designers and home builders. dual front lots Dual front lots are lots that have two distinct fronts on two separate rights-of-way. The main frontage is designated by the front build-to-line and should always be the main building elevation. The secondary front facing the right- of-way must be designed with proper character and consideration to exposure. Dual front homes should only have access on the main building elevation. 72 lot reGulations sPecial focus homes Special Focus Homes are typically located at street and lane intersections, at the end of a street intersection or view corridor. Special Focus Homes and all homes in which the proposed improvements will or may have a greater impact upon the character of the community will receive more intense review in all aspects. The following are examples of Special Focus Home conditions: corner and multiPle frontaGe homes: Homes on lots where two or more facades will be visibly exposed to the street or common open space, as identified on the site diagram, shall be designated specifially to respond to these more predominate locations. These homes will have appropriate massing and/or other treatments on all publicly visible facades. All exposed facades will be treated with the same architectural quality and detail. The primary orientation of the buildings for the purpose of establishing front entries will be determined by the ARC. homes terminatinG views Homes on lots that are located at the termination of a view corridor, vista or street axis, as identified on the site diagram, shall be considered a Special Focus Home. Approriate design and consideration will be required for building form and architectural treatment to enhance and emphasize the focal point of the streetscape.reGulatinG Plancorner and multiPle frontaGe home home terminatinG view homes defininG Public area 73 reGulatinG PlanbuildinG Placement tyPical lot conditions definitions: Main House Setback / Build-to Line: the line which a facade of a building or structure must be placed. Front Setback: the distance between the front lot line (front property line) and the front elevation of a building. Side Setback: the distance between the side lot lines (side property lines) and the side elevation of a building. Side Street Setback: the distance between the side lot line and the elevation of a building, on corner lots only. Rear Setback: the distance between the rear lot line (rear property line) and the rear elevation of a building. Building Frontage: the minimum distance of a front elevation a building might cover in relationship to the width of the lot. Encroachment: a building element that is attached to a building volume and is permitted to exist within a yard, front setback or side street setback. Typical building elements for encroachment include balconies, porches, arcades, and other architectural elements that are intended to bring the public realm closer to the building. Encroachment Frontage: the width of the permitted encroachemnts in relationship to the overall facade width. requirements: buildinG setbacks: Front Setback: 40’ Min. as illustrated on Regulating Plan Side Setback: 20’ Min. Rear Setback: 40’ Min. 74 buildinG Placement reGulatinG Plandefinitions: Main House Setback / Build-to Line: the line which a facade of a building or structure must be placed. Front Setback: the distance between the front lot line (front property line) and the front elevation of a building. Side Setback: the distance between the side lot lines (side property lines) and the side elevation of a building. Side Street Setback: the distance between the side lot line and the elevation of a building, on corner lots only. Rear Setback: the distance between the rear lot line (rear property line) and the rear elevation of a building. Building Frontage: the minimum distance of a front elevation a building might cover in relationship to the width of the lot. Encroachment: a building element that is attached to a building volume and is permitted to exist within a yard, front setback or side street setback. Typical building elements for encroachment include balconies, porches, arcades, and other architectural elements that are intended to bring the public realm closer to the building. Encroachment Frontage: the width of the permitted encroachemnts in relationship to the overall facade width. corner lot conditions requirements: buildinG setbacks: Front Setback: 40’ Min. as illustrated on Regulating Plan Side Setback: 20’ Min. between lots. 40’ Min. on the street facing sides. Rear Setback: 40’ Min. 75 buildinG Placement reGulatinG PlanthrouGh lot conditions definitions: Main House Setback / Build-to Line: the line which a facade of a building or structure must be placed. Front Setback: the distance between the front lot line (front property line) and the front elevation of a building. Side Setback: the distance between the side lot lines (side property lines) and the side elevation of a building. Side Street Setback: the distance between the side lot line and the elevation of a building, on corner lots only. Rear Setback: the distance between the rear lot line (rear property line) and the rear elevation of a building. Building Frontage: the minimum distance of a front elevation a building might cover in relationship to the width of the lot. Encroachment: a building element that is attached to a building volume and is permitted to exist within a yard, front setback or side street setback. Typical building elements for encroachment include balconies, porches, arcades, and other architectural elements that are intended to bring the public realm closer to the building. Encroachment Frontage: the width of the permitted encroachemnts in relationship to the overall facade width. requirements: buildinG setbacks: Front Setback: 40’ Min. as illustrated on Regulating Plan Side Setback: 20’ Min. Rear Setback: 40’ Min. 76 architectural review board For the purpose of establishing and maintaining a distinctive, and homogeneous residential environment for the benefit and enjoyment of the Owners and residents of Quail Hollow, the Association shall have an Architectural Review Board. The Architectural Review Board (or “ARB”) shall function as the representative of the Association and the Owners of the Lots for the purposes herein set forth, as well as for all other purposes consistent with the creation and preservation of a first-class residential development. The ARB shall use its best efforts to promote and ensure a high level of quality, harmony and cohesiveness throughout the Neighborhood. desiGn review Process Improvement and Architectural plans will be carefully reviewed by the ARB to ensure that any proposed design is compatible with the design objectives and intent of the General Architectural Provisions. This design review process must be followed for any of the following Improvements: (a) Construction of all new buildings and all outbuildings; (b) The renovation, expansion or refinishing of the exterior of an existing building; (c) Major site and/or landscape improvements (including pools, athletic facilities, driveways, fountain, sculptures or landscape features); and (d) Construction of, or additions to, walls, fences or enclosed structures; Any Improvement as described above will require and be preceded by the submission of plans and specifications to the ARB describing the proposed Improvements accompanied by an application fee as outlined below. The ARB shall evaluate all development proposals on the basis of the criteria outlined in these General Architectural Provisions. The interpretation of the General Architectural Provisions is left up to the sole discretion of the ARB. It is the intention of this design review process that all Improvements comply with the General Architectural Provisions and all applicable City and State building and zoning code requirements.architectural review Process 77 qualified architects, enGineers & contractors The General Architectural Provisions require a certain technical proficiency and building construction experience to implement. For the purpose of establishing and maintaining a distinctive and homogeneous, residential environment for the benefit and enjoyment of the Owners and residents of the Property, Owners starting the design review process must employ an architect or building design professional. These professionals must have a demonstrated ability and sensitivity toward implementing the established design objectives at Quail Hollow. Owners may choose to employ an architectural firm other than those previously qualified and approved by the ARB but may do so only with the prior review and written consent of the ARB. Proposed Architects must submit a portfolio and references. Consideration will be based on completed residences and on the architect’s ability to understand and implement the General Architectural Provisions and all City and State building codes. The ARB will provide each Owner with a list of qualified architects upon request. All contractors must have a demonstrated ability and experience required to meet the construction criteria outlined in the Restrictions and be approved by the ARB. To apply for approval contractors must submit for review the following: Company background and history, Principal’s Bios, Portfolio of your last five (5) constructed homes, Architect of record for each home, Commencement and Completion Dates, Construction Costs, Construction Documents, and Photographs of all publicly visible elevations. Submission does not guarantee approval. Owners may choose to enlist a contractor firm other than those previously qualified by the ARB but only with the prior review and consent of the ARB. The ARB will provide each Owner a list of qualified contractors upon request. It is the Owner’s responsibility to retain competent assistance from a registered Civil, Soils, Structural and Hydrological Engineers. The ARB will not supply any of this information. REVIEW PROCESS The ARB will utilize the following design review process: A. Preliminary Design Review Submission B. Final Design Review Submission C. Construction Monitoring architectural review Process 78 Preliminary desiGn review submission The Owner shall submit to the ARB a Design Development Submission that will include the following: A. An application form is available in Section 6. Each submission must be accompanied by the required information, as specified in the application package instructions, in order to be scheduled for review. B. In order to defray the expense of reviewing the plans, monitoring construction and related data, and to compensate consulting architects, landscape architects and other professionals, the Architectural General Architectural Provisions establish a total fee of Four Thousand Seven Hundred and Fifty Dollars ($4,750) (“Design Review Fee”) payable to Quail Hollow upon submittal of the application for the Preliminary Design Review Submission. At the discretion of the ARB, the Design Review Fee may be reduced for projects other than the construction of a primary residence. C. The Lot Owner, or the designated representative, shall submit to the ARB for review and approval a set of Design Development Drawings which should adequately convey existing site conditions, constraints, building orientation, architectural design, vehicular and pedestrian access with proposed exterior materials, colors, and a conceptual landscape design. Two (2) full size sets (24” x 36” or bigger), two (2) half size sets (11” x 17”) and PDFs of all architectural and engineering drawings including the following are required: Site Plan - 1”= 20’ minimum scale, showing existing topography and proposed grading and drainage (1’ contour interval), building footprint with finished floor grades, driveway, parking area, turnarounds, drainage, fences/walls, patios, decks, pools, and any other site amenities. If possible, show how this plan relates to improvements on adjoining lots. Floor and Roof Plans – minimum scale 1/8” = 1’-0”, showing all floor plan layouts of the first and second floors, including any proposed attics, basements, garages, guest quarters and accessory structures. Include both gross building square footage and airconditioned square footage. Elevations – minimum scale 1/8”= 1’-0, including roof heights, existing and finish grades, building heights and notation of exterior materials. Site Sections - minimum scale 1”=20’-0”, showing proposed buildings, building heights, elevations and existing and finished grades in relation to surrounding site, including adjacent Residences and roads as may be required by the ARB. D. Upon submission of Preliminary Design Review documents, the ARB will review and return to the Owner one set of drawings with any comments made during the process. If requested by the ARB, the Owner will stake the location of corners of the proposed buildings and all other major improvements upon submittal of Preliminary Design Review Drawings. In those instances, where exceptions are requested, the ARB may require that ridgeline flagging be erected to indicate proposed heights of buildings.architectural review Process 79 FINAL DESIGN REVIEW SUBMISSION After approval of Preliminary Design Submission and before construction can commence, the Owner shall submit to the ARB the final plans for the “Final Design Submission” for review. A. The Applicant shall provide all information necessary to reflect the design of the proposed buildings(s), landscape or other features requiring the approval of the ARB. Final Design documents shall generally conform with the approved Design Development Drawings. In addition to the architectural and landscape plans the submission should include all necessary civil, structural, mechanical and electrical drawings. All architectural, engineering and landscape plans submitted are to be prepared by a design professional bearing their name and contact information. Submission shall include two (2) full size sets (24” x 36” or bigger), two (2) half size sets (11” x 17”) and PDFs of all architectural and engineering drawings including the following are required: Specification - Complete set of materials specifications. Site Plan – 1”=20’-0” minimum scale, indicating address, lot size, property lines with building setbacks, building envelopes, existing topography with proposed grading at one (1) foot contours, drainage flows, building footprint with finished floor grades, percentage of building envelope area covered, driveway, parking area, turnarounds, fences/walls, patios, decks, pools, recreational facilities and any other site amenities. Provide the height, length, and material selections for all exterior walls, screen walls, gates, stairs, planters and other site features. Show the locations of all HVAC, electrical and pool or spa equipment. If possible, show how this plan relates to improvements on adjoining lots. If deemed necessary, the ARB in its sole discretion, may require a drainage plan prepared by a certified civil engineer. Floor Plans - 1/4”= 1’-0”, indicate all room dimensions, door/window locations and sizes, location of mechanical and electrical systems, fire sprinkler and monitoring systems. Such plans should indicate the location and type of all exterior lighting fixtures, proposed fireplaces, and kitchen appliances. Provide floor plans of all Accessory Structures. Include both total gross square footage and total air-conditioned square footage for all floors including attics or basements. Roof Plans – 1/8”= 1’-0” Illustrating roof slopes, materials, gutters and downspouts, vents, chimneys and all dormers, roof windows and skylights. Elevations – 1/4”= 1’-0” illustrate the exterior appearances of all views labeled in accordance with the site plan. Indicate the highest ridge of the roof, elevation of the midspan of roof, all other ridge heights, eave heights, depths and overhangs, and indicate all roof slopes. Indicate the elevation of each floor, and existing and finished grades or each façade or building elevation. Describe all exterior materials, colors, and finishes (walls, roofs, trim, vents, windows, doors, etc.) and locate all exterior lighting fixtures. Sections – 1/4”= 1’-0” indicate building walls, floors, and interior relationships. Finished exterior grades and any other information to clearly describe the interior / exterior relationships of the building as well as the building’s relationship to the site and adjoining lots.architectural review Process 80 Details – 1”= 1’-0” (or larger), indicate exterior window and door details, cornice and eave details, gutters and collector heads, exterior stairs and balusters. Masonry details including chimney caps and other exterior details as may be requested by the ARB. Landscape Plans – 1”= 20’ minimum, including an irrigation plan, lighting plan, proposed plant materials, and sizes as provided by the Landscape Architect. Civil, Structural, Mechanical and Electrical Plans as required by the ARB in its sole discretion to illustrate any of the exterior design features of the house. These will be reviewed for compliance with the Architectural General Architectural Provisions only and are required to be reviewed by all applicable building authorities. Sample Board - Roof material and color; wall materials, colors, and textures; exterior window trim material and color; window material and color; exterior door material and color; stone / rock materials including mortar, Exterior rails and paving materials. On Site Mock Up – Prior to Construction the Owner will provide for the ARB a mock up of proposed materials. The mock up shall be at full scale and a minimum of five (5’) feet wide by ten (10’) feet high which accurately conveys all proposed exterior materials, colors, and detailing, including window, corner and trim details and/or details of areas where one material changes to another and/or roofing material. (The Mock Up is to house the portable toilet if that is located within public view.) The Mock Up shall be completely finished with no exposed pywood or building wrap. B. After review of the required documents, the ARB will schedule a meeting with the Owner to discuss the Final Design Submission. The Owner and/ or design professional(s) must be present at such meeting. The ARB will review and comment on the Final Design Submission at the meeting, allow time for discussion with the Owner and/ or design professional(s), and subsequently provide the Owner with an approval or conclusive recommendations in writing for refinements to the design. A second review meeting may be necessary to review refinements, revisions and/or new materials. The ARB may request a final staking of the location of all corners of proposed buildings. C. The ARB will issue Final Design Approval in writing within twenty one (21) working days after the Final Design Review meeting. If the decision of the ARB is to completely disapprove the proposal, the ARB shall provide the Owner with a written statement of the basis for such disapproval to assist the Owner in redesigning the project so as to obtain the approval of the ARB. D. The ARB recognizes that each Lot has its own characteristics and that each Owner has their own individual needs and desires. For this reason, the ARB has the authority to approve deviations from any of the General Architectural Provisions contained within this document. It should be understood, however, that any request to deviate from the General Architectural Provisions will be evaluated at the sole discretion of the ARB, and that the approval of deviations will be limited to only the most creative design solutions to unique situations. Prior to the ARB approving any deviation from the General Architectural Provisions, it must be demonstrated that the proposal is consistent with the overall objectives of the General Architectural Provisions and that the deviation will not adversely affect adjoining properties. It is the responsibility of the applicant to notify in writing via registered mail, the Association and surrounding property Owners who may be affected by their deviation request. Such notification must occur no less than two (2) weeks prior to the date the ARB is scheduled to hear the request. The ARB also reserves the right to waive any of the procedural steps outlined in these Restrictions provided that the Owner demonstrates there is good cause.architectural review Process 81 E. In the event that final submittals are not approved by the ARB, the Owner will follow the same procedures for a resubmission as for original submittals. An additional Design Review Fee must accompany each resubmission as required by the ARB. Fees for resubmission shall be established by the ARB on a case-by-case basis but in no case shall it be less than One Thousand Five Hundred Dollars ($1,500). This fee is subject to revision annually. F. The Owner shall apply for all applicable building permits from the City of Westlake after receiving Final Design approval from the ARB. Any adjustments to ARB-approved plans required by the City review must be resubmitted to the ARB for review and approval prior to commencing construction. G. Construction shall commence within nine (9) months of Final Design Approval. Failure to commence construction within the stipulated nine (9) month period may require resubmission of the Final Design Plans and specifications with an additional Design Review Fee. H. Subsequent construction, landscaping or other changes in the intended Improvements that differ from approved Final Design Submission must be submitted in writing to the ARB for review and approval prior to making changes. Additional Design Review Fees will be determined by the ARB, in its sole discretion, based upon the scope of the subsequent construction. I. The Owner will provide to the ARB, prior to commencement of construction, for its review and written approval, the name and contact information of the qualified contractor constructing the Improvements and his major subcontractors.architectural review Process 82 CONSTRUCTION MONITORING A. Any member of the ARB, or his authorized representative, may at any reasonable time enter the Lot to ascertain that such improvements are being built in compliance with the General Architectural Provisions and approved submission. If changes or alterations are observed that have not been approved by the ARB, the ARB will issue a Notice to Comply. Observations and inspections by the ARB do not certify compliance with building codes or approve construction techniques, which shall remain the responsibility of the Owner and his contractor. B. When as a result of a construction observation or inspection the ARB finds changes and/or alterations that have not been approved, the ARB will issue a Notice to Comply within five (5) working days of the observation. The ARB will describe the specific instances of non-compliance and will require the Owner to comply with the General Architectural Provisions and resolve the discrepancies. C. If an Owner fails to correct any noncompliance with the General Architectural Provisions and approved submission within a reasonable amount of time after receiving a Notice to Comply, the ARB may enter the Lot and correct the violation at the expense of the Owner. The ARB may request the Board to place a lien upon the Lot owned by the noncomplying Owner pursuant to the provisions of Article 6 of the CCR’s. The ARB, or the Board, may also pursue any and all other available legal remedies including, but not limited to injunctive relief and/or monetary damages. D. Upon completion of the Improvements, the Owner shall provide to the ARB a written request for a final inspection of the Lot and the Improvements for compliance with the General Architectural Provisions. APPROVAL NOT A GUARANTEE No approval of any plans, specifications or other submittal by the ARB shall be construed as representing, implying, or covenanting that (i) Improvements will be built in accordance with the approved plans and specifications, (ii) Improvements built in accordance with the approved plans and specifications will be built in a good and workman-like manner or will be free from defects or problems, or (iii) approved plans and specifications wherever submittals are complete, accurate, or adequate, or satisfy applicable requirements of the City of Westlake, Texas (the “City”). The Association, the Architectural Review Board, and Declarant, and their officers, directors, agents, employees and members, shall not be responsible or liable in damages or otherwise to anyone submitting plans and specifications or other matters to the ARB for approvals hereunder or to any member, Owner, or any other person for any defects or inadequacies in the plans and specifications, the failure of the plans and specifications to comply with the applicable requirements of the City, or any defects in or problems with any Improvements constructed pursuant to any approved plans and specifications, including, without limitation, any drainage or foundation problems.architectural review Process 83 PRELIMINARY DESIGN SUBMITTAL FEE -Please provide the following information with the Design Review Fee of Five Thousand Dollars ($4,750.00) for this Preliminary Design Submission for Quail Hollow __ Two (2) Full-size copies of Architectural and Engineering drawings. __ Two (2) Half-size copies of Architectural and Engineering drawings. __ Electronic Set submitted on CD (PDF Format) OWNER’S ADDRESS & CONTACT INFORMATION WITH LOCATION MAP __ 1. SITE PLAN (min. scale 1” = 20’-0”) __ 2. Existing topography and proposed grading and drainage (1’ contour interval). __ 3. Building footprint(s) with finished floor grades. __ 4. Proposed driveway, turnarounds, fences, walls, patio, decks, porches, pools, utility meters and any other site amenities. __ 5. Preliminary Landscape planting plan PLANS - SCHEMATIC FLOOR AND ROOF (min. 1/8” = 1’-0”) __6. All floor plan layouts of the first and second floors, including any proposed attics, basements and accessory structures. __7. Gross building square footage and Air-conditioned square footage. __8. Roof plan with notations indicating roof slope(s) and materials. ELEVATIONS - SCHEMATIC (min. scale 1/8” = 1’-0”) __9. Architectural elevations of all four sides of the proposed structure(s) __10. Maximum height dimension of each façade. __11. Existing and finish grades. __12. Notation of exterior materials.architectural review Process 84 FINAL DESIGN SUBMITTAL APPROVAL - APPROVED PRELIMINARY DESIGN REVIEW __One (1) Copy(11” x 17”) of the Approved Preliminary Design Review submission; to include comments or suggested corrections. SUBMITTED DRAWINGS __Four (4) Full-size copies of Architectural and Engineering drawings. __ Electronic Set submitted on CD (PDF Format) SITE PLAN (minimum scale 1” = 20’-0”) __ 1. Legal description of Lot number, street address and lot square footage. __ 2. Dimensioned property lines and building setbacks. __ 3. Existing topography with proposed grading and drainage (1’ contour interval). __ 4. Building footprint(s) with finished floor elevations. __ 5. Driveway, parking areas and turnarounds with surface materials noted. __ 6. Site amenities; fences/walls, patios, decks, pool/spa, recreational facilities, etc. to include height and materials selection. __7. Indicate location of all mechanical, electrical, pool/spa equipment and utility meters. __8. If available, show how this plan relates to improvements on adjoining lots. FLOOR PLANS (min. scale 1/4” = 1’- 0”) __9. All rooms noted with dimensions, door/window locations and sizes. __10. Mechanical, electrical, fire sprinkler and monitoring systems __11. Exterior lighting fixtures, fireplaces and kitchen appliances. __12. Floor plans of all accessory buildings. __13. Total square footage(gross) and Air-conditioned square footage(net) for all floor levels, basement and useable attic spaces. __14. Square footage of all accessory buildings, patios, decks porches.architectural review Process 85 ROOF PLANS (min. scale 1/8” = 1’-0”) __15. Roof plan noted to indicate roof slopes, gutters/downspouts, plumbing/ mechanical vents, satellite equipment, fireplace chimneys, dormers, roof windows and skylights. __16. Roofing materials and color selection. ELEVATIONS (min. scale 1/4” = 1’-0”) __17. Architectural elevations of all four sides of the proposed structure(s) with elevations of final grades, finish floors and ceilings. __18. The vertical dimensions of the highest roof ridge, midspan of roof, all other ridge heights, roof slopes and roof overhangs. __19. Exterior materials, colors and finishes (walls, roofs, trim, vents, windows, doors, etc.) and locate all exterior lighting fixtures. SECTIONS (min. scale 1/4” = 1’-0”) __20. Building sections as required to illustrate the building interior/exterior. __21. Vertical dimensions indicating final grade, floors, ceilings and ridge of roofs. __23. Site section as required to describe the building’s relationship to adjoining lots. LANDSCAPE PLANS (min. scale 1” = 20’-0”) __24. Prepared by the Landscape Designer with plant identification and sizes. __25. Landscaping plan to include; irrigation, site lighting, plant materials and sizes. CIVIL, STRUCTURAL, MECHANICAL AND ELECTRICAL PLANS __26. Drawings that may be required to illustrate the exterior design features of the main dwelling and accessory building(s). Drawings necessary for review of compliance with the Architectural General Architectural Provisions. MOCK UP SAMPLE MATERIALS BOARD __27. Exterior building materials that are not on the Quail Hollow approved materials list. A sample of the materials and colors for roofing, walls, door, trim, etc. that allow a clear understanding of the final product. __28. Prior to Construction the Owner will provide for the ARB a mock up of proposed materials. The mock up shall be at full scale and a minimum of five (5’) feet wide by ten (10’) feet high which accurately conveys all proposed exterior materials, colors, and detailing, including window, corner and trim details and/or details of areas where one material changes to another and/or roofing material. (The Mock Up is to house the Portable Toilet if that is located within public view.) The Mock Up shall be completely finished with no exposed pywood or building wrap.architectural review Process