HomeMy WebLinkAboutRes 13-33 Approving Deed Restrictions and Declaration of Covenants, Conditions and Restrictions for Granadai � ! :. . . , i , � is ! • ! . .° !
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 Maguire Partners, L.P. (the Developer)
desire to foster a cooperative partnership to continue this planned growth through a standards
that ensure high quality development within the Town in the development known as Granada
(the zoning for which was approved in Ordinance No. 693 approved on February 25, 2013), and
WHEREAS, Section 14.1 of said Ordinance No. 693 requires establishment of an
Architectural Control Committee for Granada of which the Town will have at least one (1)
member appointed by the Town Manager, and
WHEREAS, the Town Council approved the preliminary plat for Granada on June 25,
2013, and now wishes to approve the Deed Restrictions including Design Guidelines as well as
Declaration of Covenants, Conditions, and Restrictions for Granada as required by zoning
Ordinance No. 693 for Granada, and
WHEREAS, the Town Council fords 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
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 13-33
Page 1 of 2
SECTION 2: THAT, the Town Council of the Town of Westlake, Texas, hereby
approves the Granada Design Guidelines attached hereto as Exhibit "A"; as well as the Granada
Declaration of Covenants, Conditions and Restrictions 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.
ATTEST:
m�
Kelly Edwar , Town Secretary
APPROVE�-'O FQR7a
Stan -Lowry, To tto
Laura Wheat, Mayor
Thomas E. rymer, T Manager
Resolution 13-33
Page 2 of 2
Exhibit A
AFTER RECORDING RETURN TO:
Robert D. Burton, Esq.
Winstead PC
401 Congress Ave., Suite 2100
Austin, Texas 78701
Email: rburton(dlwinstead.com
GRANAVA
ESIGN GUIDELINES
Adopted:
MAGUIRE PARTNERS - SOLANA LAND, L.P., a Texas
limited partnership
By:
Printed Name:
Title:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me this day of 2013 by
of MAGUIRE PARTNERS - SOLANA LAND, L.P., a
Texas limited partnership, on behalf of said limited partnership.
(SEAL)
Notary Public Signature
Adopted by MAGUIRE PARTNERS - SOLANA LAND, L.P., a Texas limited partnership, in
accordance with Granada Declaration of Covenants Conditions and Restrictions recorded in under
Document No. Official Public Records of Tarrant County, Texas (the
"Declaration")_ In accordance with Section 7.02(c) of the Declaration, these Design Guidelines may be
amended from time to time by the ACC (as defined in the Declaration).
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Resolution 13-33
Exhibit A
Any notice or information required to be submitted to the ACC under these Design Guidelines hereunder
will be submitted the ACC at 1221 North I -35E, Suite 200, Carrollton, Texas 75006, c/o Granada ACC,
Phone: 469-892-7200, Fax: 469-892-7202.
Granada is a master planned community located in Tarrant County, Texas. Lots 1-84, Granada, a
subdivision in Tarrant County Texas, according to the plat recorded in Official
Public Records of Tarrant County, Texas (the "Property"), are subject to the terms and provisions of that
certain Granada Declaration of Covenants Conditions and Restrictions recorded in the Official Public
Records of Tarrant County, Texas (the "Declaration"). Capitalized terms used but not defined in these
Design Guidelines shall have the meaning subscribed to such terms in the Declaration.,
Article 7 of the Declaration includes procedures and criteria for the construction of improvements within
the Granada community. Section 7.01 of the Declaration provides that no Improvements may be erected,
placed, constructed, painted, altered, modified or remodeled on any Lot and no Lot may be
re -subdivided or consolidated with other Lots or Propertby anyone other than Declarant without prior
written approval of the ACC.
The ACC consists of two (2) members who have been appointed by Maguire Partners — Solana Land, L.P.,
a Texas limited partnership (the "Declarant") and one (1) member who has been appointed by the Town
Manager (the "Town Manager") of the Town of Westlake, Texas (the "Town"). As provided in Article 7
of the Declaration, the Declarant has a substantial interest in ensuring that Improvements within Granada
maintain and enhance Declarant's reputation as a community developer and do not impair Declarant's
ability to market and sell all or any portion of the community, and, as a consequence thereof, the two (2)
members of the ACC appointed by Declarant act solely in Declarant's interest and shall owe no duty to
any other Owner or the Granada Residential Community, Inc. (the "Association"). The Town has a
substantial interest in ensuring that the Improvements within Granada are consistent with the Town's
long-term vision, and, as a consequence thereof, the one (1) member of the ACC appointed by the Town
Manager acts solely in the Town's interest and shall owe no duty to any other Owner or the Association.
Governmental ordinances and regulations are applicable to all Lots within Granada. It is the
responsibility of each Owner to obtain all necessary permits and inspections. Compliance with these
Design Guidelines is not a substitute for compliance with the applicable ordinances and regulations.
Please be advised that these Design Guidelines do not list or describe each requirement which may be
applicable to a Lot within Granada. Each Owner is advised to review all encumbrances affecting the use
and improvement of their Lot prior to submitting plans to the ACC for approval. Furthermore, approval
by the ACC should not be construed by the Owner that any Improvement complies with the terms and
GRANADA DESIGN GUIDELINES
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Exhibit A
provisions of all encumbrances which may affect the Owner's Lot. Certain encumbrances may benefit
parties whose interests are not addressed by the ACC.
The ACC shall bear no responsibility for ensuring plans submitted to the ACC comply with Applicable
Law. It is the responsibility of the Owner to secure any required governmental approvals prior to
construction on such Owner's Lot.
In the event of any conflict between these Design Guidelines and the Declaration, the Declaration shall
control. Capitalized terms used in these Design Guidelines and not otherwise defined in this document
shall have the same meaning as set forth in the Declaration.
The ACC may amend these Design Guidelines. All amendments shall become effective upon recordation
in the Official Public Records of Tarrant County, Texas. Amendments shall not apply retroactively so as
to require modification or removal of work already approved and completed or approved and in
progress. It is the responsibility of each Owner to ensure that they have the most current edition of the
Design Guidelines and every amendment thereto.
Requests for approval of proposed construction, landscaping, or exterior modifications must be made by
submitting an application in the form attached hereto as Attachment 1.
Timing
The ACC will attempt to review all applications and submittals within thirty (30) days. Please allow at
least thirty (30) days prior to installation or construction for the ACC to review the related applications.
Please be advised that in the event that any plans and specifications are submitted to the ACC and the
ACC fails to either approve or reject such plans and specifications for a period of thirty (30) days
following such submission, the plans and specifications will be deemed disapproved.
�c • • • • • •
An applicant is responsible for ensuring that all of the applicant's representatives, including the
applicant's architect, engineer, contractors, subcontractors, and their agents and employees, are aware of
these Design Guidelines and all requirements imposed by the ACC as a condition of approval.
Inspection
Upon completion of each phase of approved work, the Owner must notify the ACC. The ACC should be
notified after the stake out of the building, after completion of framing, and after completion of the
approved work. The ACC may, but shall in no event be obligated to, inspect the work at any time to
verify conformance with the approved submittals. Furthermore, approval by the ACC should not be
construed by the Owner that any Improvement complies with the terms and provisions of any
ordinances, requirements, regulations or encumbrances which may affect the Owner's Lot.
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GRANADA DESIGN GUIDELINES
Exhibit A
The ACC may, in its sole and absolute discretion, deny a plan or elevation proposed for a particular Lot if
a substantially similar plan or elevation exists on a Lot in close proximity to the Lot on which the plan or
elevation is proposed. The ACC may adopt additional requirements concerning substantially similar
plans or elevations constructed in proximity to each other.
For Example:
• Plan can be repeated event fifth Lot (example: Plan A, Plan B, Plan C, Plan D, Plan E and Plan A).
Plan A
Plan B
Plan C
Plan D
Plan E
Plan A
Plan F
Plan G
Plan H
Plan B
Plan C
Plan D
Across the Street: Same plan cannot be placed on a Lot across the street or diagonal from any other plan
(example above: Plan B).
• • • ,t 111 • 111111111111 •�• •• r,.
The ACC may, in its sole and absolute discretion, deny proposed brick, masonry or wood trim for a
particular Lot if substantially similar brick, masonry or wood trim exists on a Lot in close proximity to the
Lot on which the brick, masonry or wood trim is proposed. The ACC may adopt additional requirements
concerning substantially similar brick, masonry or wood trim constructed in proximity to each other.
For Example:
• Similar brick, masonry or wood trim can be repeated even] fifth Lot (example: Brick A, Brick B, Brick C,
Brick D, Brick E and Brick A).
Brick A
Brick B
Brick C
Brick D
Brick E
Brick A
Brick F
Brick G
Brick B
Brick H
Brick C
Brick D
• Across the Street: Same brick or masonry cannot be placed on a Lot across the street or diagonal from any
other brick or masonry (example above: Brick B).
GRANADA DESIGN GUIDELINES
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• All building materials must be approved in advance by the ACC, and only new building
materials (except for used brick) shall be used for constructing any Improvements.
• All projections from a dwelling or other structure, including but not limited to chimney flues,
vents, gutters, downspouts, utility boxes, porches, railings and exterior stairways must, unless
otherwise approved by the ACC, be coordinated with the overall design of the Improvement
from which they project.
• No highly reflective finishes (other than glass, which may not be mirrored) shall be used on
exterior surfaces (other than surfaces of hardware fixtures), including, without limitation, the
exterior surfaces of any Improvements.
Masonry Requirements, Exterior Walls and Finishes
• The exterior walls shall have horizontal and vertical articulation or architectural features on all
elevations as approved by the ACC.
• Unless otherwise approved in advance and in writing by the ACC, the exterior walls of each
primary residence shall be constructed of at one -hundred percent (100%) masonry, exclusive of
roofs, eaves, soffits, windows, doors, gables, garage doors and trim work. For purposes of this
section brick, stone, cast stone, and stucco are considered masonry. Brick shall be limited to
thirty percent (30%) of the exterior walls. Stucco shall be a minimum of 3/4 of an inch thick and
limited to thirty (30%) of the exterior walls on homes which are not of Tuscan or Mediterranean
style. Up to one -hundred percent (100%) stucco may be used on the exterior walls of Tuscan or
Mediterranean style homes. The ACC, in its sole discretion, will determine whether or not a
home is of Tuscan or Mediterranean style. Wood use shall be very minimal and only as an
accent.
• Unless otherwise approved by the ACC, siding is prohibited for use on exterior walls of a
primary residence.
• Unless otherwise approved by the ACC, exterior wall materials shall make changes at inside
corners only. Unless otherwise approved by the ACC, every elevation shall have a minimum of
two wall materials or textures. Single wall covering materials may be approved by the ACC if
the architectural features, wall offsets, and enhanced trim around openings are utilized to limit
continuous blank wall areas.
• Unless otherwise approved by the ACC, walls shall not exceed thirty feet (30') in length without
an offset of two feet (2') or more unless the wall is broken up by architectural elements such as
ornate masonry work, changes in construction material, or openings for windows or doors that
are trimmed and recessed a minimum of three inches (Y).
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Exhibit A
® The exterior materials must be authentic and not artificial as reasonably determined by the ACC.
There should generally not be more than three exterior materials (including exterior walls,
window/door surrounds, accents, etc.). The ACC will evaluate whether additional materials
shall be allowed on a case by case basis.
® Colors should be appropriate to the architectural style chosen. Colors should be non-invasive
and subdued rather than bold and bright. All exterior materials should comply with one color
palate, approved by the ACC, including all exterior paint, brick/stone, trim, mortar, window
mullions, balusters, columns, etc.). Color palates should consist of natural earth tone colors, i.e.,
medium to dark greens, browns, and tans.
® Unless otherwise approved by the ACC, all chimneys shall be 100% masonry to match the
materials used on home. No wood or masonry siding of any kind shall be used on chimneys.
® No foundation of a residence may: be exposed more than twenty-four inches (24") above final
grade along: (a) the front elevation of the residence visible from any street; or (b) each side
elevation of the residence visible from any street. If the exterior of the elevation adjacent to the
exposed foundation is constructed of stucco, the ACC will have the authority to require the use of
stone, in a color approved in advance by the ACC, to conceal the exposed portion of the
foundation. In the event of a dispute as to the front or side elevation of a residence which is
visible from any street, the determination of the ACC shall be final and conclusive.
® All materials for courtyard walls and fencing must be approved in advance by the ACC.
The footprint of the main level of each single family residence constructed on a Lot shall not exceed
thirty -percent (30%) of the entire area of the Lot. Footprint is defined as all areas that are contained
within four walls and garages (excludes open porches, patios, porte-cocheres, or other unenclosed areas).
Unless otherwise approved by the ACC, the minimum living square footage for each residence, exclusive
of open or screened porches, terraces, patios, decks, driveways, and garages is three thousand (3,000)
square feet for single -story homes and four thousand (4,000) square feet living space for two-story homes.
Minimum Horne Width
Unless otherwise approved in advance and in writing by the ACC, the minimum width for each
residence is seventy feet (70').
GRANADA DESIGN GUIDELINES
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Exhibit A
Aesthetic Appeal
The ACC may disapprove the construction or design of a home on purely aesthetic grounds. AnYprior
decisions of the ACC regarding matters of design or aesthetics will not be considered to establish a
precedent for any future decision of the ACC.
Siting/Setbacks
Unless otherwise approved by the unanimous consent of the ACC, the following setbacks shall apply to
each Lot:
® Front Lot line: 40 feet
® Rear Lot line: 40 feet
® Side Lot line: 20 feet
The ACC, by unanimous consent, may: (i) approve a reduction of the required front yard setback or may
require an increase in the required front yard setback by a maximum of ten (10) feet if, in the sole opinion
of the ACC, the increase is needed to avoid monotony or to accommodate unique site conditions
including the preservation of old growth trees; (ii) approve a reduction of the required rear yard setback
by a maximum of ten feet (10') if, in the sole opinion of the ACC, the reduction is needed to avoid
monotony or to accommodate unique site conditions including the preservation of old growth trees; or
(iii) approve a reduction of the required side yard setback by a maximum of five feet (5') if, in the sole
opinion of the ACC, the reduction is needed to avoid monotony or to accommodate unique site
conditions including the preservation of old growth trees.
Notwithstanding any provision to the contrary in these Design Guidelines, eves, steps, and open porches
will not be considered part of the residence for the purpose of the setback requirement hereunder;
however, no portion of any Improvement will be permitted to encroach upon another Lot.
The ACC must approve the encroachment of any flatwork, i.e. driveway, porch, etc. over the side
building setbacks.
The ACC reserves the right to stipulate additional building or Improvement setbacks attributable to any
Lot. The ACC further reserves the right to grant variances to the setbacks set forth herein in accordance
the Declaration.
Temporary/Accessory Structures
Owners will generally be permitted to erect one (1) accessory structure on their Lot provided the
accessory structure, such as a pool cabana, garden building, storage building, or home office is approved
in advance by the ACC. In no event will the total square footage of any approved accessory structure be
interpreted to reduce the minimum square footage requirements of the principal residential structure as
set forth in these Design Guidelines.
GRANADA DESIGN GUIDELINES
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Exhibit A
Unless otherwise approved in advance and in writing by the ACC, an accessory structure: (i) must be
constructed of the same exterior materials as the main residence constructed on the Lot; (ii) must utilize
roof materials that match the roof materials incorporated into the principal residential structure
constructed on the Lot; (iii) have a pitched roof of the same pitch as the principal residential structure
constructed on the Lot; (iv) use paint which matches the color of the trim of the principal residential
structure constructed on the Lot; (v) must utilize shingles which are the same as on the principal
residential structure constructed on the Lot; and (vi) may not be located nearer than five (5) feet from an
interior (side) Lot line.
Temporary storage structures also known as "pods" are allowed with the prior written approval of the
ACC office provided that:
® Structure is located in the driveway of the Lot, and
® Structure is not placed on any Lot for more than seven (7) days.
The ACC shall be entitled to determine, in its sole and absolute discretion, whether a structure or shed on
any Lot complies with the foregoing requirements relating to size, height, fence enclosure and
construction materials. No accessory structure will be approved unless a principal residential structure
has been constructed on the Lot or the accessory structure is being constructed at the same time as the
principal residential structure. The ACC may adopt additional requirements for any accessory structure
on a case by case basis as a condition to approval.
All structures on a Lot must reflect consistently the same architectural style and materials as the main
residence constructed on the Lot.
No temporary or accessory structure may be erected without the advance approval by the ACC.
Prohibited Elements
The following architectural elements are prohibited within Granada unless expressly approved in writing
by the ACC:
Roofs
® Excessively pitched roofs.
® Mansard, gambrel or chalet roofs.
® Flat roofs.
® Roofs that are too steep or too shallow for the style of the home, as determined by the ACC.
® Shed roofs except as incidental to the main roof.
® Composition shingles.
GRANADA DESIGN GUIDELINES
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Exhibit A
Design Elements
• Unnecessarily prominent chimneys and other roof penetrations.
• Vents or skylights facing the street.
• White or bubble skylights.
• Mirrored glass.
• Faux mullion windows
Materials and Colors
• Wood siding (wood siding accents may be permitted if approved by the ACC).
• Cultured stone unless approved by the ACC.
• Gray brick.
• Block masonry
Building Height
Unless otherwise approved in advance by the ACC, no building or residential structure may exceed two
and one-half stories or twenty-eight feet (28') in height as measured from the finished lot grade to the
midpoint of the highest pitched or hipped roof above. The measurement locations will be chosen by the
ACC based upon which points are most restrictive.
The height limitations imposed above shall not apply to: (i) chimneys and vent stacks, cupolas, or other
architectural features that are not intended for occupancy or storage; or (ii) flag poles and similar devices.
Views are neither guaranteed, preserved, nor protected within Granada.
Room Additions
Any room additions must be approved in writing by the ACC.
Additions to a residence will be considered for approval by the ACC if they meet the following:
• All materials used match those of the principal residential structure, including masonry,
windows, and paint color, shingles, etc.
• Sunrooms will be considered.
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Exhibit A
• Screened Porches will be considered on a case by case basis and must meet the following
minimum acceptable standards:
• The porch and related improvements must be compatible with the architectural elements
of the principal residential structure. Paint colors and materials must match those of the
principal residential structure.
• Design should reflect consideration for any adverse impact of neighboring properties.
• Screened porches shall be located in back yard only. The screened porch shall not
encroach on any easement or building line.
• Screened porch shall be attached to the principal residential structure.
• Free standing screened porches are not permitted.
• Supplemental landscaping may be required as part of the ACC review.
• The roof of screened porch shall be solid decking shingled to match the principal
residential structure.
"Greenbelt/Open Space Lots" shall refer to Lots/land that has not been developed, whether it is owned by
the Declarant, a Homebuilder, the Association or another Owner and is not intended for use as a single
family Lot. These areas are to be considered as private property and trespassing is prohibited. Lots
adjacent to Greenbelt/Open Space Lots must comply with all of the following requirements:
• The boundary between the Lot and the Greenbelt/Open Space Lots must be fenced in a manner
approved in advance by the ACC.
• The fence must be 6 feet in height and be constructed of "pyrite brown" wrought iron or other
decorative metal of a color and style specified by the ACC.
• No gate will be permitted into a Greenbelt/Open Space Lot.
• Backyards must be fully sodded with at least two 3" caliper hardwood trees installed by the
Owner.
• Sheds or outbuildings will not be permitted on any Lot adjacent to Greenbelt/Open Space Lots.
• At no time are Greenbelt/Open Space Lots to be used for ingress/egress or storage.
• Greenbelt/Open Space Lots should remain in their natural state. No removal or trimming of trees
is permitted.
Primary massing of a single family residence constructed on a Lot should be a reflection of the primary
interior rooms within the single family residence. Secondary massing should be a reflection of the
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Exhibit A
secondary interior rooms within the single family residence. The concept is to design homes with simple
room lines that reflect the interior spaces that are being housed.
The pitch, color and composition of all roof materials must be approved in writing by the ACC. Roof
vents and other penetrations shall be as unobtrusive as possible and must match the principal color of the
roof unless approved in advance by the ACC.
• Accepted Roof Pitch: Roof slope for the main structure and garage shall be approved in advance
by the ACC. Roofs must contain different pitches as determined by the ACC.
• Roof Design: Roof design shall include offsets and dormers to break up large expanses of roof
area.
Accepted Roof Materials: Roof materials allowed are concrete tile clay tile, natural slate, standing
seam metal roof (allowed only if made of copper, paint grip galvanized unpainted and as accent
roof projections not exceeding 200 square feet) or other materials with similar materials if
approved unanimously by the ACC. No more than two houses on adjacent lots have the same
roof pitch unless at least one roof has multiple pitches. Materials should be appropriate to the
design style chosen. For stucco style homes, a barrel file roof shall be required. Roofing materials
must be submitted for approval prior to installation and labeled on all submitted elevations.
Acceptable colors are natural tones. In addition, roofs of buildings may be constructed with
"Energy Efficiency Roofing" with the advance written approval of the ACC. For the purpose of
the Section, "Energy Efficiency Roofing" means shingles that are designed primarily to: (a) be
wind and hail resistant; (b) provide heating and cooling efficiencies greater than those provided
by customary composite shingles; or (c) provide solar generation capabilities. The ACC will not
prohibit an Owner from installing Energy Efficient Roofing provided that the Energy Efficient
Roofing shingles: (i) resemble the shingles used or otherwise authorized for use within the
community; (ii) are more durable than, and are of equal or superior quality to, the shingles used
or otherwise authorized for use within the community; and (iii) match the aesthetics of adjacent
property. An Owner who desires to install Energy Efficient Roofing will be required to comply
with the architectural review and approval procedures set forth the Restrictions. In conjunction
with any such approval process, the Owner should submit information which will enable the
ACC to confirm the criteria set forth in this Section. Any other type of roofing material shall be
permitted only with the advance written approval of the ACC.
Mechanical Equipment: All mechanical equipment and pool equipment shall be complete
screened from view from adjacent properties or right-of-way. Screening may include
landscaping provide the plant sizes are sufficient to provide seventy-five percent (75%)
screening.
Vents: Plumbing vents should be minimally visible from the street as determined by the ACC. If
there must be a vent visible to the street then it should blend in color with the roof.
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In -House Sprinkler Systems
All single family residences constructed on a Lot must contain in-house sprinkler systems as required by
the Town of Westlake.
Acceptable Windows:
• All windows must be wood. All window brands must be submitted to the ACC for approval
prior to installation.
• All windows on front elevation of residence must have exterior mullions or muntins made of
wood.
Unacceptable Windows:
• Aluminum.
• Skylights that are visible from the street
Window Details:
Doors:
Windows may not be of reflective or darkly tinted glass.
All windows, other than those within court yards, must be recessed a minimum of 3" and not
"flush" to the exterior of the residence.
All doors shall be recessed a minimum of 3" and not "flush" to show wall depth.
Doors with muntins should have them placed on the exterior of the glass panes rather than being
"trapped" inside them.
Primary entry doors shall vary in design from house to house. If the same door is used on houses
within the same block, trim, accents or other architectural enhancements shall be used to create a
diverse appearance and maintain the appearance of a custom home neighborhood.
No carports shall be placed, erected, constructed, installed or maintained on a Lot.
All garages shall be approved in advance of construction by the ACC. The Improvements on each Lot
must contain one or more private enclosed garages, with garage parking capable at all times of housing at
least three (3) standard size automobiles. Each garage shall have a minimum width, as measured from
inside walls, of 9.6' per car and a minimum depth for each car of 20'. Each three (3) car garage shall have
a minimum width of sixty feet (60') for the 3 garage door front. A minimum of a 3 garage parking spaces
and 2 off street parking spaces shall be provided for each home.
All garage doors shall be made of sectional wood or be wood -clad. Aluminum and fiberglass doors are
prohibited. Garage doors shall be recessed a minimum of 6" to create more wall depth and lessen the
focus on the garage door. Garage doors shall be placed at right angles to the street where possible. If this
is not possible then special approval must be given by the ACC. The ACC will take into account the
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Exhibit A
size/shape of the Lot and surrounding landscape. Front facing doors are allowed if located further back
on the Lot than the side -entry garage portion and are in a motor court setting behind gate that extends
over a driveway.
Garages may contain appropriately sized storage rooms, recreational workshops and tool rooms, or
servants quarters or guest quarters, if approved in advance by the ACC. Except with respect to detached
garages, interior walls of all garages must be finished (i.e., taped, bedded and painted, at a minimum).
Each garage shall have garage doors that are wired so as to be operated by electric door openers. The
orientation of the opening into a garage (i.e., side -entry or front -entry) must be approved in advance by
the ACC.
All garage doors shall remain closed at all times, save and except for the temporary opening of same in
connection with the ingress and egress of vehicles and the loading or placement and unloading, or
removal of other items customarily kept or stored therein, when a person is in the garage or engaged in
yard work, or there is another activity occurring on the Lot which is reasonably facilitated by an open
garage door.
No garage shall be converted to another use (e,g., living space) without the substitution, on the Lot
involved, of another garage meeting the requirements of this section, and the approval of the ACC, and
use of parking space in a garage for work areas or storage (including boxes, toys, exercise equipment,
furniture; or work benches) to the exclusion of one or more vehicles is strictly prohibited.
Driveways, Sidewalks and Parking
The design of all driveways must be approved in advance by the ACC.
All driveways, sidewalks, and parking areas shall be surfaced with concrete, stone, or pavestone.
Concrete shall be exposed aggregate, salt finish or stamped and stained.
All driveways, sidewalks and parking areas shall be a minimum of one foot (Y) from any adjacent
property line. The design of all parking areas should strive to minimize public view of any vehicles.
Driveways must permit entry by standard mid-size vehicles without "bottoming out" in the transition
area between the curb and property line as wells as the driveway area between the property line and the
garage.
If the driveway is raised significantly above finished grade (which will be determined by the ACC is its
sole and absolute discretion), the exposed sides of the driveway must be screened with landscaping
approved in advance by the ACC.
IN I "1 11 1. 1 r
All arbors, pergolas and patios covers shall be approved in advance of construction by the ACC.
Arbors, pergolas and patio covers must meet the following:
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AUSTIN 1/699747x.4
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GRANADA DESIGN GUIDELINES
Exhibit A
® Shall not exceed 10' in height.
® Be of cedar or a wood that is painted to match the principal residential structure constructed on
the Lot (all other materials will be reviewed by the ACC on a case by case basis.)
® If roof is solid cover the shingles must match the principal residential structure constructed on
the Lot.
Lattice on the arbor will be considered by the ACC on a case by case basis.
® Support columns should match the architectural character of the principal residential structure
constructed on the Lot.
O Approved stain color is Behr Natural #501. Behr brand is not required, but color should match.
All decks shall be approved in advance of construction by the ACC.
Backyard deck additions must meet be of cedar or a wood that is painted or stained to match the
principal residential structure constructed on the Lot (all other materials will be reviewed on a case by
case basis by the ACC).
Unless otherwise approved by the ACC, the maximum deck height should not exceed more than 18"
above the highest surrounding grade.
All mailboxes in the property shall be of a design consistent to the design attached hereto as Attachment 2
and the United States Postal Service regulations.
THE OBJECTIVE OF THE REGULATION OF OUTDOOR LIGHTING IS TO PRESERVE THE NIGHTIME
DARK SKY BY MINIMIZING THE AMOUNT OF EXTERIOR LIGHTING. TO UTILIZE LOW
INTENSITY INDIRECT LIGHT SOURCES TO THE EXTENT REQUIRED FOR SAFETY AND SUBTLE
DRAMA. TO ACHIEVE OUTDOOR LIGHTING OF PLANT MATERIALS WITH HIDDEN LIGHT
SOURCES, THE TOWN HAS A "DARK SKY" PHILOSOPHY AND HAS ADDITIONAL OUTDOOR
LIGHTING REGULATIONS IN ITS CODE OF ORDINANCES.
All exterior lighting must be approved in advance by the ACC. Exterior lighting will be kept to a
minimum and shall be subdued and indirect but consistent with good security practices. Such
illumination shall be designed and installed so as to light only landscaping, driveway areas and
walkways upon a Lot. Indirect sources and horizontal cut-off fixtures are recommended to reduce glare
and provide general ambient light. Soffit or tree lights must be shielded or directed towards vegetation
so as to eliminate glare and source visibility. Exterior lighting shall follow dark sky design guidelines.
15
GRANADA DESIGN GUIDELINES
AUSTIN _1 /699747v.4
46145-8 10/22/2013
Exhibit A
No exterior light whose direct source is visible from a street or neighboring property or which produces
excessive glare to pedestrian or vehicular traffic will be allowed. Nuisance lighting and or glare must be
avoided.
Up -lighting shall be limited to lighting landscaping elements and shall be limited to 25 watt incandescent
or equivalent lumens.
Building walls shall not be illuminated and light from landscape lighting may not illuminate building
walls higher than four feet (4') above grade.
Except as specifically allowed by the Town's Unified Development Code, floodlights are prohibited.
All light sources must be fully shielded from view from adjacent property or right-of-ways. Light sources
of 25 watts incandescent or equivalent may be shielded with frosted or opaque glass.
Use of other than white or color corrected high intensity lamps and exterior lights will not be allowed.
Sodium, mercury vapor, or bare HID yard lights are not allowed.
Exterior Holiday Decorations
Lights or decorations may be erected on the exterior of the principal residential structure in
commemoration or celebration of publicly observed holidays provided that such lights or decorations do
not unreasonably disturb the peaceful enjoyment of adjacent Owners. All lights and decorations must
not be permanent fixtures of the principal residential structure without prior written approval of the ACC
and shall be removed within thirty (30) days after the holiday has ended. Christmas decorations or lights
may not be displayed prior to November 15.
No air-conditioning apparatus may be installed on the ground in front of the principal residential
structure or on the roof of the principal residential structure unless screened in a manner approved by the
ACC. Ground level air conditioning units shall be installed at street level only. All mechanical
equipment, including air-conditioning equipment, shall be located in a side or rear yard only and shall
not be visible from streets or Common Areas. No window air-conditioning apparatus or evaporative
cooler may be attached to any front wall or front window of the principal residential structure or at any
other location where it would be visible from any street, any other Lot or any Common Area.
POOL, SPA EQUIPMENT MUST BE LOCATED BEHIND WALLS OR SCREENED FROM VIEW WITH
LANDSCAPE TO CONTAIN NOISE.
Freestanding barbecue grills are permitted only if they are stored and used in the rear yard space of the
Lot that is not visible from the street.
16
AUSTIN _I /699747v.4
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GRANADA DESIGN GUIDELINES
Exhibit A
Detailed landscape plans for each Lot may be submitted to the ACC for consideration after construction
of the principal residential structure thereon has begun, so long as such submission occurs at least ninety
(90) days before completion of the residence. Upon written request, however, the ACC may waive the
requirement of landscape plans for any Lot if the Homebuilder uses plans previously approved by the
ACC for another Lot. There shall be no revisions made to approved plans without submission to, and
approval by, the ACC of the revised plans. All introduced vegetation shall be trees, shrubs, vines,
ground covers, seasonal flowers or sodded grassed which are commonly used in North Central Texas for
landscaping purposes and which are approved by the ACC. An approved list of plants and turf is set
forth on Attachment 3. Landscaping in accordance with the approved plans shall be installed within ten
(10) days after issuance of a certificate of occupancy with respect to the principal residential structure.
Extensions to the time limit may be granted by the ACC for up to an additional thirty (30) days on a case
by case basis. The approved plans shall include permanent sodded grass or "ground cover" in all sodded
areas. Winter rye shall be considered a temporary measure to reduce soil erosion through the winter
season, and shall be completely removed and replaced with sodded grass according to the approved
plans. Each Lot shall be landscaped, at a minimum, with: (i) full sodded front, side and backyards yards,
(ii) the following number of hardwood shade trees in the front yard of each Lot --two (2) per Lot on all
Lots other than comer Lots and four (4) per corner Lot (with two (2) in the front portion of the Lot, and
two (2) in the side of the Lot adjacent to the street), and ten (10) shrubs sized five gallons or more. The
hardwood shade trees required in the front yard of each Lot shall be no smaller in size than 4" caliper.
Lots that have rear yards facing Dove Road or FM 1938 shall have a minimum of two (2) trees with at
least a four inch (4") caliper and two (2) trees with at least a two inch (2") caliper in each rear yard. This
requirement may be waived with the unanimous written consent of the ACC. After installation,
landscaping (including temporary landscaping) shall be properly maintained at all times. Any Owner
who wishes to plant one or more gardens upon their Lot must obtain the approval of the ACC of any
such garden and must follow applicable requirements as to size of the Lot, visibility of the Lot from other
Lots, streets or common areas, and such other matters as the ACC may specify in any written approval.
Landscaping should consist of a combination of sodded turf areas and bed areas containing shrubs and
ground cover. Side, front and back yard areas shall be 100% irrigated and 100% sodded where there are
no landscaping beds. Large expanses of mulch or bed areas without substantial shrub or groundcover
plantings are unacceptable unless the Lot contains a native stand of trees where sodding the entire yard
would potentially harm the health of the trees. Stone or gravel mulch with harsh, unnatural or high
contrast colors is prohibited. Street scene landscape shall be designed to be harmonious with adjacent
Lots and yet thematic in its plant selection.
During construction, existing trees shall be preserved and protected to the extent possible for the
intended development, as determined in the ACC's discretion; provided, however, that the ACC may
require the removal of cedar trees from a Lot regardless of the size of such cedar trees.
Ground cover is defined as a planting of low plants (such as ivy) that covers the ground in place of turf.
Rock or stone are not acceptable for use as a ground cover other than in flowerbed or walkway areas.
The use of rock or crushed rock as a ground cover shall not be permitted.
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AUSTIN 1/699747v.4
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GRANADA DESIGN GUIDELINES
Exhibit A
Landscape plans must include vegetative screening for above ground utility connections visible from the
street or adjacent properties.
Grass should be maintained at a height of no more than two and one-half inches. Mowing heights may
need to be altered to prevent scalping in the event of an uneven grade.
Grass will be trimmed away from sidewalks, the principal residential structure, planted areas and other
obstacles. It is suggested that line trimmers, mechanical edger and chemicals are employed to keep a
neat, tidy appearance.
Trees and shrubs should be pruned to avoid blocking clear view of signs, address marker, illumination by
light fixtures, the flow of air vents and air conditioner compressors as well as pedestrian and vehicular
traffic.
The ACC reserves the right to require additional landscaping for pools, cabanas and other hardscape
elements that may be constructed after completion of the principal residential structure and associated
landscaping.
Hardscape elements in the landscaping must be in scale with the principal residential structure and
associated structures. Sculptures and fountains are subject to approval by the ACC.
Notwithstanding any requirements to the contrary, Owners shall comply with all applicable
governmentally imposed water use restrictions and shall be granted appropriate relief from any specific
requirement set forth in these Design Guidelines that cannot reasonably be complied with, as determined
by the ACC, as a result of such water use restrictions.
The ACC may, upon the Owner's completion of the installation of landscaping, conduct an on-site
inspection of the property to ensure compliance with the approved plan.
Shrubs or flower beds shall be located in flower beds along the foundation line of all structures, except
where paving is adjacent to the structure, and must extend away from the foundation a minimum of five
feet (5').
No more than seventy-five percent (75%) of the landscaped area of a front yard may be covered by grass.
The landscape requirements of the Town's Roadway Landscape Zones contained within the Town's
Unified Development Code are applicable to all Lots.
Lawn Furniture, Decorations, and Garden Maintenance Equipment
Lawn furniture, including swings/chairs/benches in good repair are allowed on front porches of the
principal residential structure, but must be incorporated into a landscape theme if visible from other Lots.
Swings and or benches are not allowed on driveways/front lawns etc. unless specifically approved for
placement by the ACC.
One (1) birdbath of a standard size is acceptable in the rear yard of the Lot without prior written approval
from the ACC.
1$
GRANADA DESIGN GUIDELINES
AUSTIN 1/699747v.4
46145-8 10/22/2013
Notwithstanding exterior holiday decorations, plastic lawn decorations and artificial plants are not
permitted, including pink flamingos, animals, or other plastic designs/statues.
Lawn mowers, edgers, wheelbarrows, etc. may not be left out in view of other Lots except when in use.
Bulk/bag material (mulch, topsoil, etc.) may not be left out in view for longer than ten (10) days.
The ACC must approve all irrigation systems prior to installation.
Responsibility for proper site drainage rests with the Owner. There shall be no interference with the
established drainage patterns except by Declarant, unless adequate provision is made for proper drainage
and such provision has been certified by a professional engineer and approved in advance by the ACC.
Each Owner is solely responsible for correcting any change in water flow or drainage caused by the
construction of Improvements on such Owner's Lot.
All fencing that faces a street shall be decorative metal. See the "Greenbelt/Open Space Lots" Section of
these Design Guidelines for fencing requirements for Lots adjacent to greenbelt and/or open space.
All fencing should be either masonry or decorative metal. Each post shall have a decorative "cap" on each
post. Living plant materials for screening is also allowed.
Retaining walls on the front of a Lot shall be constructed of the same stone used on the single family
residence constructed on the Lot thereon. If the single family residence does not contain stone, the
retaining wall material shall blend with the residence constructed by the Declarant or Homebuilder.
The plans and specifications for each swimming pool, spa and hot tub constructed on a Lot must be
approved in writing and prior to construction by the ACC. All applications submitted to the ACC for the
approval of plans and specifications for swimming pools, hot tubs or spas must be accompanied by the
applicable Town permits for the construction of same. Any applications submitted to the ACC, which do
not include finalized construction permits from the applicable regulatory authority shall constitute an
automatic rejection of the application. Above -ground, movable, or temporary swimming pools are
prohibited. Each swimming pool constructed on a Lot must be entirely enclosed with a fence or similar
structure which, at a minimum, satisfies Applicable Law. The location, color and style of the fence or
enclosure must be approved in writing and in advance of construction by the ACC. The ACC may
require that a swimming pool, spa and hot tub constructed on a Lot and associated Improvements be
enclosed with a fence or similar structure. Approval of a swimming pool, spa and hot tub and/or
associated Improvements by the ACC will not constitute a determination by the ACC that the swimming
pool, spa and hot tub and/or associated Improvements comply with Applicable Law or that the
19
GRANADA DESIGN GUIDELINES
AUSTIN _1 /699747v.4
46145-8 10/22/2013
Exhibit A
swimming pool, spa and hot tub and/or associated Improvements are safe for use. The ACC may require
an Owner to install additional screening as a pre -condition to the approval and construction of an):
swimming12ool, spa, or hot tub. No swimming pool, spa and hot tub shall be located in the front or side
yard on any Lot. Unless otherwise approved in writing by the ACC, if the foundation or other vertical
surface of the swimming pool will extend more than twenty-four inches (24") above the final grade of the
Lot, the exposed foundation or vertical surface extending more than twenty-four inches (24") above the
final grade will be finished in a manner that matches the exterior masonry of the principal residential
structure. Application of the terms "front yard", "side yard", "foundation or other vertical surface",
and/or "final grade" as to a specific Lot will be determined by the ACC in its sole and absolute discretion.
The ACC may adopt additional requirements for any swimming pool, spa and hot tub and/or associated
Improvements on a case by case basis as a condition to approval.
Swimming pools shall be in -ground, or a balanced cut and fill, and shall be designed to be compatible
with the site and the principal residential structure as determined in the sole and absolute discretion of
the ACC. Unless otherwise approved in writing by the ACC, associated swimming pool, spa, and hot tub
improvements, such as rock waterfalls and slides, shall not be over six feet (6) in height. No pool or deck
may be closer than five (5) feet from any Lot line. Unless otherwise approved in writing by the ACC, all
maintenance equipment, including chemicals, plumbing fixtures, heaters, pumps, etc., associated with a
swimming pool, spa or hot tub may not be visible from any adjacent street or Lot. The drains serving a
swimming pool, spa and hot tub must be connected to street drainage systems. No swimming pool, spa
or hot tub shall be drained onto property other than the Lot on which the swimming pool, spa and hot
tub is constructed. Above ground spas and hot tubs visible from public view or from an adjacent street
or Lot shall be skirted, decked, screened or landscaped in a manner which excludes pumps, plumbing,
heaters, filters, etc. from view. No swimming pool, spa or hot tub will be approved unless a principal
residential structure has been constructed on the Lot or the swimming pool, spa or hot tub is being
constructed at the same time as the principal residential structure.
Basketball goals, or backboards, or any other similar sporting equipment of either a permanent or
temporary nature shall not be placed on any Lot or street or where same would be visible from an
adjoining street or Lot without the prior written consent of the ACC.
Permanent goals must meet the following criteria:
® the metal pole must be permanently mounted into the ground to the side of the driveway in a full
upright position 25' back from the curb;
• the pole, backboard and net must be maintained in good condition at all times; and
® poles may not be installed in front of the garage or facing into the street.
Portable goals will not be allowed unless the following criteria are met:
® the goal must be placed to the side of the driveway and permanently installed to be flush with
the ground and maintained at all times in a full upright position 25' back from the curb,
20
AUSTIN 1/699747v.4
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GRANADA DESIGN GUIDELINES
Exhibit A
® the pole, backboard and net must be maintained in good condition at all times;
® poles may not be installed in front of the garage or facing the street;
® landscape barrier, such as small shrubs must screen the base of the goal;
• goals may not be rolled into the street or any other public right-of-way; and
® goals may not be maintained in front of the garage or facing into the street.
The ACC shall have the authority to establish additional guidelines for the placement and design of
basketball goals, backboards, or any other similar sporting equipment and the same shall be kept and
maintained out of view from any street, except in accordance with any such established guidelines.
Playscapes and Sport Courts
Sports courts, tennis courts, and playscapes or any similar recreational facilities may not be constructed
on any Lot without the advance written approval of the ACC. The ACC may prohibit the installation of
sports courts, tennis courts, playscapes or similar recreational facilities on any Lot.
Playscapes or any similar recreational facilities must comply with all the following requirements:
® Must be located where the equipment will have minimum impact on adjacent Lots and be
screened from public view.
® All playscapes or any similar recreational facilities equipment must be of earth tones colors, i.e.,
medium to dark greens, browns, and tans.
® Bright primary colors will not be permitted.
® Views of playscapes or any similar recreational facilities must be reduced from public streets and
adjoining units whenever possible.
o Playscapes or any similar recreational facilities must not be located any closer to a property line
than the established building setbacks.
® Trampolines, whether portable or non-portable must be placed no closer than five feet (5) to any
property line.
® Playscapes, playground equipment and trampolines are prohibited in the front yard.
If approved, portable playscapes, including but not limited to, non -permanent and/or inflatable slides,
moon bounces, water parks and above ground inflatable pools or kiddy pools (collectively "Portable
Playscapes") must be stored in a screened area, the rear of the Lot, or inside the garage when not in use.
hz no event, shall any Portable Playscapes be visible from or in the front of any Owner's Lot for any
period of time exceeding twenty-four (24) consecutive hours.
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GRANADA DESIGN GUIDELINES
AUSTIN 1/699747v.4
46145-8 10/22/2013
Exhibit A
The following restrictions shall apply to all construction activities at Granada. Periodic inspections by a
representative of the ACC ma,, take in order to identify non -complying construction activities. If
items identified as not complying with the regulations are not remedied in a timely manner, fines will be
levied.
Erosion Control Installation and Maintenance
It is the responsibility of each Owner to install erosion control measures prior to the start of construction
and to maintain them throughout the entire construction process.
Silt fencing installed to all applicable standards is required to be properly installed and maintained to
protect the low sides of all disturbed areas, where storm -water will flow during construction. The
purpose of the silt fence is to capture the sediment from the runoff and to permit filtered, clean water to
exit the site. The Owner should anticipate that built-up sediment will need to be removed from the silt
fence after heavy or successive rains, and that any breach in the fencing will need to be repaired or
replaced immediately_.
If for any reason the silt fence is to be temporarily removed, please contact a representative of the ACC
prior to the removal.
Security
Neither the ACC, the Association, nor the Declarant shall be responsible for the security of job sites
during construction.
Construction Hours
Unless a written waiver is obtained from the ACC, construction may only take place during the following
hours: Monday through Friday from 7:00 a.m. until 7:00 p.m., and on Saturdays and Sundays from 9:00
a.m. until 6:00 p.m.
Noise, Animals, Children
The use of radios, tape and CD players must be restrained so as not to be heard on an adjoining Lot or
street.
Contractors and subcontractors may not bring dogs to construction sites. Contractors and subcontractors
may not bring children under 16 years of age to construction sites.
All construction materials and equipment shall be neatly stacked, properly covered and secured. Any
storage of materials or equipment shall be the Owner's responsibility and at their risk. Owners may not
disturb, damage or trespass on other Lots or adjacent property.
Insurance
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AUSTIN 1/699747v.4
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GRANADA DESIGN GUIDELINES
Exhibit A
The ACC requires an Owner to procure adequate commercial liability insurance during construction
naming the Association, the Declarant and the ACC as additional insureds, in an amount to be
determined, from time to time by the ACC.
Site Cleanliness
During the construction period, each construction site shall be kept neat and shall be properly policed to
prevent it from becoming a� n evesore.
Owners shall provide a container for debris and shall clean up all trash and debris on the construction
site on a daily basis. Trash and debris shall be removed from each construction site on a timely basis.
Lightweight material, packaging and other items shall be covered or weighted down to prevent wind
from blowing such materials off the construction site.
The dumping, burg or burning of trash is not permitted anywhere in Granada.
It is imperative that, when moving heavy equipment around, precautions be taken to prevent damage to
pavement, curbs, and vegetation. Crawler tractors are not to be operated on paved or concrete surfaces.
Mud, dirt and other construction debris that is tracked off site shall be cleaned on a daily basis.
Sanitary Facilities
A temporary sanitary facility (chemical toilet) shall be provided and maintained for the use of
construction workers and shall be screened from view in a manner approved in advance by the ACC.
Construction Parking
Construction crews shall not park on, or otherwise use, other Lots. No construction vehicle will be
permitted to leak oil or otherwise damage or deface any street located within the community.
Schedule of Fines
Periodic inspections by a representative of the ACC may take place in order to identify non -complying
construction activities. Listed below is the schedule of fines which may be assessed.
Schedule of Fines
Premature Clearing $5000
Construction Without ACC Approval
$5000
Encroachment on Adjacent Properties
$5000 plus cost of repair
Violation of Rules, Restriction or Guidelines
$500/day
Failure to Install and/or Maintain Erosion Control Measures
$1000/day
*Greenbelt/Open Space Lot violation
$5000
Sign Violation
$500 per sign/incident
*In the event, the Association or Declarant is required to repair, clean up or provide necessary service to
bring the improvement into compliance, the Owner will be assessed the cost of repair, clean up, or service
plus an additional 50% for time and service expended.
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GRANADA DESIGN GUIDELINES
The principal residential structure residence shall be complete and available for occupancy on or before
eighteen (18) months after the commencement of construction.
New residential home construction within Granada will utilize the process described in this section. No
Improvements may be commenced until the Owner has received a written "Approval' from the ACC.
New or Revision House -Start ACC Application - $50 per application
Submittal process: Current ACC application completely filled out, plot plan attached (no plans
required), and a check per application mailed or delivered to the ACC. Revisions will be charged
same as a new submittal.
Master Plans ACC Submittal - $500 per package
Submittal process: These packages usually occur when a builder enters a community, or changes
product All plans are to be submitted on ledger paper 11x16 or half size sets. Plans must include all
elevations, roof pitch, brick/stone/stucco/siding percentages, and dimensional page for house width.
Please include a submittal letter explaining the section(s) and specifics of the review. Mail or
deliver the plan sets along with a check to the ACC.
*Plans are reviewed in advance by the ACC.'
Additional/New ACC Plan Review - $50 per plan
Submittal process: Mail or deliver half size or 11x16 set of plans that include all elevations, roof
pitch, brick/stone/stucco/siding percentages, and a dimensional page. Include a submittal letter
describing the request along with a check per each plan to be reviewed to the ACC.
Variance ACC Review - $50 per variance
Submittal process: Variance request letters must include the legal address, street address, and a
description of the variance, i.e. measurements, etc. Mail or deliver the letter and any supportive
materials (plot plan) along with a check to the ACC.
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AUSTIN 1/699747v.4
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GRANADA DESIGN GUIDELINES
Exhibit A
ATTACHMENTI
ACC APPLICATION
Deliver to:
ACC c/o
1221 North I -35E, Suite 200
Carrollton, Texas 75006
Phone: (469) 892-7200
Fax: (469) 892-7202
Date:
Lot: Block: Phase: Section:
Plan #: Bedrooms: Baths:
Address:
Lot Plan Attached: (Please Circle) Yes/No
15F Floor Masonry %
Chimney: (Please Circle) Yes/No
Fencing Type:
Stone Manufacturer
and Color:
Brick Manufacturer and Color:
2nd Floor Masonry %
sonry Fiber Cement
Roof Pitch: Roof Color: Roof Material:
Paint Color:
Fill in the information if different from color above
Trim Color:
Shutters Color:
Square Footage of
Door Color:
Garage Color:
House Width:
Front Retaining Wall: (Please Circle) Yes/No Deck: Yes/No Patio: square feet
Comments:
Builder Name/Contact Information:
By: Approval Date:
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AUSTIN 1/699747v.4
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GRANADA DESIGN GUIDELINES
Exhibit A
111 17L1f i►� i�►Y'Ij►•l
Wei
AUSTIN 1/699747x.4
46145-8 10/22/2013
GRANADA DESIGN GUIDELINES
ATTACHMENT 3
NORTH TEXAS PLANT LIST
The following list should be used as a starting point for selecting plants in Granada. Requirements for
specific Lots may be more or less restrictive depending on landscape indigenous to the immediate site
and the location of the site within the Property.
Canopy Trees at Street/ Lot:
Shumard Red Oak (Quercus shumardii)
Live Oak (Quercus virginiana)
Chinquapin Oak (Quercus muehlenbergii)
Lacebark Elm (Ulmus parvifolia)
Cedar Elm (Ulmus crassifolia)
Allee Elm (Ulmus parvifolia'Emer III
Texas Ash (Fraxinus texensis)
White Ash (Fraxinus americana)
Canopy Trees at Open Spaces:
Bald Cypress (Taxodium. distichum)
Bur Oak (Quercus macrocarpa)
Lacey Oak (Quercus laceyi)
Ornamental Trees:
Desert Willow (Chilopsis linearis)
Thornless Mesquite (
Mexican Plum (Prunus mexicana)
Redbud (Redbud spp.)
Yaupon Holly (Ilex vomitoria)
Possomhaw Holly (Ilex decidua)
Eastern Red Cedar (juniperus virginiana)
Vitex (Vitex agnus)
Crape Myrtle (Lagerstroemia indica)
Shrubs:
Abelia spp. (Abelia)
Cast Iron Plan (Aspidistra elatior)
Coral Beauty Cotoneaster (Cotoneaster dammeri)
Agarito (Mahonia trifoliolata)
American Beautyberry (Callicarpa Americana)
Apache Plume (Fallugia paradoxa)
Autumn Sage (Salvia greggii)
Dwarf Wax Myrtle (Myrica pussila)
Flame Acanthus (Anisacanthus wrightii)
Fragrant Sumac (Rhus aromatic)
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GRANADA DESIGN GUIDELINES
Exhibit A
Pale Leaf Yucca (Yucca pallida)
Red Yucca (Hesperaloe parviflora)
Smooth Sumac (Rhus glabra)
Texas Barberry (Mahonia swaseyi)
Texas Sage (Leucophyllum frutescens)
Turk's Cap (Malvaviscus drummondii)
Grasses:
Switchgrass (Panicum. virgatum)
Big Bluestem (Andropogon gerardii)
Bushy Bluestem (Androphgon glomeratus)
Eastern Gamagrass (Tripsacum. dactyloides)
Gulf Muhly (Muhlenbergia capillaris)
Indiangrass (Sorghastrum. nutans)
Inland Seaoats (Chasmanthium latifolium)
Lindheimer Muhly (Muhlenbergia lindheimeri)
Little Bluestem (Schizachyrium scoparium)
Perennials:
Black Eyed Susan (Rudbeckia hirta)
Blackfoot Daisy (Melampodium leucanthum)
Blue Mist Flower (Eupatorium greggii)
Butterfly Weed (Asclepias tuberosa)
Cardinal Flower (Lobelia cardinalis)
Coreopsis (Coreopsis lanceolata)
Fall Obedient Plant (Physostegia virginiana)
Four -nerve Daisy (Hymenoxys scaposa)
Fragrant Phlox (Phlox pilosa)
Cedar Sage (Salvia roemeriana)
Mealy Blue Sage (Salvia farinacea)
Prairie Verbena (Verbena bipinnatifida)
Purple Coneflower (Echinacea spp.)
Rockrose (Pavonia lasiopetala)
Ruellia (Ruellia spp.)
Scarlet Sage (Salvia coccinea)
Texas Lantana (Lantana horrida)
Winecup, (Callirhoe involuncrata)
Yellow Columbine (Aquilegia spp.)
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GRANADA DESIGN GUIDELINES
After Recording Return To:
Robert D. Burton
Winstead, PC
401 Congress Ave., Suite 2100
Austin, Texas 78701
email: rburtonowinstead.com
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS
I
Declarant: MAGUIRE PARTNERS — SOLANA LAND, L.P., a Texas limited partnership
This Declaration of Covenants, Conditions and Restrictions may be used only in connection with the
residential community known as Granada in Tarrant County, Texas and the operation of the Granada
Residential Community, Inc.
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GRANADA
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ARTICLE1.
DEFINITIONS..............................................................................................................1
ARTICLE 2
USE RESTRICTIONS...................................................................................................5
2.01
General.........................................................................................................................5
2.02
Single -Family Residential Use....................................................................................
6
2.03
Rentals..........................................................................................................................
7
2.04
Subdividing..................................................................................................................8
2.05
Hazardous Activities...................................................................................................8
2.06
Insurance Rates............................................................................................................8
2.07
Mining and Drilling.....................................................................................................
8
2.08
Water Bodies................................................................................................................8
2.09
Noise.............................................................................................................................9
2.10
Animals - Household Pets..........................................................................................9
2.11
Rubbish and Debris.....................................................................................................9
2.12
Trash Containers........................................................................................................10
2.13
Maintenance...............................................................................................................10
2.14
Street Landscape Area -Owner's Obligation to Maintain Landscaping.................10
2.15
Antennas....................................................................................................................11
2.16
Location of Permitted Antennas...............................................................................11
2.17
Signs...........................................................................................................................12
2.18
Flags - Approval Requirements...............................................................................12
2.19
Flags - Installation and Display...............................................................................13
2.20
Tanks..........................................................................................................................14
2.21
Temporary Structures...............................................................................................14
2.22
Unsightly Articles; Vehicles......................................................................................14
2.23
On Street Parking......................................................................................................15
2.24
Basketball Goals; Permanent and Portable..............................................................15
2.25
No Tennis or Recreational Courts; Playscapes........................................................15
2.26
Decorations and Lighting.........................................................................................15
2.27
Clotheslines; Window Air Conditioners..................................................................15
2.28
Dumping....................................................................................................................15
2.29
Compliance with Restrictions...................................................................................16
2.30
Liability of Owners for Damage to Common Area.................................................16
2.31
No Warranty of Enforceability.................................................................................17
2.32
Restriction on Use of Common Area.......................................................................17
2.33
Declarant and Homebuilder Exemption..................................................................17
ARTICLE 3
CONSTRUCTION RESTRICTIONS.........................................................................17
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3.01
Approval for Construction.......................................................................................17
3.02
Masonry Requirements.............................................................................................17
3.03
Minimum Square Footage........................................................................................17
3.04
Garages.......................................................................................................................17
3.05
Fences; Sidewalks......................................................................................................17
3.06
Building Restrictions.................................................................................................18
3.07
Alteration or Removal of Improvements.................................................................18
3.08
Drainage.....................................................................................................................18
3.09
Construction Activities.............................................................................................18
3.1.0
Roofing.......................................................................................................................18
3.11
Swimming Pools........................................................................................................19
3.12
Solar Energy Device..................................................................................................19
3.13
Rainwater Harvesting Systems................................................................................
20
ARTICLE 4
GRANADA RESIDENTIAL COMMUNITY, INC ..................................................
21
4.01
Organization..............................................................................................................
21.
4.02
Membership...............................................................................................................
21
4.03
Governance................................................................................................................
22
4.04
Voting Rights.............................................................................................................
23
4.05
Powers........................................................................................................................
23
4.06
Acceptance of Common Area...................................................................................
26
4.07
Indemnification..........................................................................................................
27
4.08
Insurance....................................................................................................................
27
4.09
Bulk Rate Contracts...................................................................................................27
4.10
Community Systems.................................................................................................
28
4.11
Declarant's Right to Contribute to Revenues of the Association ...........................
28
4.12
Protection of Declarant's Interests............................................................................
28
4.13
Administration of Common Area............................................................................
29
4.14
Private Streets............................................................................................................
29
4.15
Notices and Disclaimers as to Security Systems.....................................................29
ARTICLE5
INSURANCE.............................................................................................................
30
5.01
Insurance....................................................................................................................
30
5.02
Restoration.................................................................................................................
30
5.03
Mechanic's and Materialmen's Lien........................................................................
31
ARTICLE 6
COVENANT FOR ASSESSMENTS..........................................................................
31
6.01
Assessments...............................................................................................................31
6.02
Maintenance Fund.....................................................................................................
32
6.03
Regular Assessments.................................................................................................
32
6.04
Working Capital Assessment...................................................................................
32
6.05
Amenity Reimbursement Fee...................................................................................
33
6.06
Special Assessments..................................................................................................
33
6.07
Individual Assessments............................................................................................
33
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Exhibit
6.08
Amount of Assessment.............................................................................................
34
6.09
Late Charges..............................................................................................................
34
6.10
Owner's Personal Obligation; Interest.....................................................................
34
6.11
Assessment Lien and Foreclosure............................................................................
35
6.12
Exempt Property .................................................................
36
6.13
Fines and Damages Assessment...............................................................................
37
ARTICLE 7
ARCHITECTURAL CONTROL COMMITTEE.......................................................
38
7.01
Construction of Improvements................................................................................
38
7.02
Architectural Control Committee.............................................................................
38
ARTICLE 8
MORTGAGE PROVISIONS......................................................................................41
8.01
Notice of Action.........................................................................................................
42
8.02
Examination of Books................................................................................................
42
8.03
Taxes, Assessments and Charges.............................................................................
42
ARTICLE 9
GENERAL PROVISIONS..........................................................................................
42
9.01
Term...........................................................................................................................
42
9.02
Eminent Domain........................................................................................................
43
9.03
Amendment...............................................................................................................43
9.04
Conceptual Plans.......................................................................................................
43
9.05
Party Wall Fences......................................................................................................
44
9.06
Enforcement...............................................................................................................45
9.07
Higher Authority.......................................................................................................
45
9.08
Severability................................................................................................................
45
9.09
Conflicts.....................................................................................................................
45
9.10
Gender........................................................................................................................45
9.11
Acceptance by Grantees............................................................................................
45
9.12
Damage and Destruction.... ......................................................................................
46
9.13
No Partition................................................................................................................
46
9.14
Notices........................................................................................................................46
9.1.5
View Impairment.......................................................................................................
47
9.16
Safety and Security....................................................................................................47
ARTICLE10
EASEMENTS.............................................................................................................
47
10.01
Right of Ingress and Egress......................................................................................
47
10.02
Reserved Easements..................................................................................................
48
10.03
Utility Easements.......................................................................................................48
10.04
Roadway and Utility Easements..............................................................................
48
10.05
Subdivision Entry and Fencing Easement...............................................................
49
10.06
Landscape, Monumentation and Signage Easement............................................49
10.07
Declarant as Attorney in Fact...................................................................................
49
ARTICLE 11
DEVELOPMENT RIGHTS........................................................................................50
11.01
Development by Declarant.......................................................................................
50
11.02
Special Declarant Rights...........................................................................................
50
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11.03 Addition of Land....................................................................................................... 50
11.04 Withdrawal of Land.................................................................................................. 51
11.05 Assignment of Declarant's Rights............................................................................ 51
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
i
This Declaration of Covenants, Conditions and Restrictions (the "Declaration") is made
by MAGUIRE PARTNERS - SOLANA LAND, L.P., a Texas limited partnership (the
"Declarant"), and is as follows:
RECITALS:
A. This Declaration is filed with respect to Lots 1 through 84, inclusive, Granada, a
subdivision in Tarrant County Texas, according to the plat recorded under Document No.
Official Public Records of Tarrant County, Texas (the "Property").
Declarant is the owner of the Property.
B. Declarant desires to create and carry out a uniform plan for the development,
improvement, and sale of the Property.
C. By the filing of this Declaration, Declarant serves notice that the Property will be
subjected to the terms and provisions of this Declaration.
NOW, THEREFORE, it is hereby declared: (i) that the Property (or any portion thereof)
will be held sold, conveyed, and occupied subject to the following covenants, conditions and
restrictions which will run with such portions of the Property and will be binding upon all
parties having right, title, or interest in or to such portions of the Property or any part thereof,
their heirs, successors, and assigns and will inure to the benefit of each owner thereof; and (ii)
that each contract or deed conveying the Property (or any portion thereof) will conclusively be
held to have been executed, delivered, and accepted subject to the following covenants,
conditions and restrictions, regardless of whether or not the same are set out in full or by
reference in said contract or deed.
This Declaration uses notes (text set apart in boxes) to illustrate concepts and assist the
reader. If there is a conflict between any note and the text of the Declaration, the text will
control.
ARTICLE 1
DEFINITIONS
Unless the context otherwise specifies or requires, the following words and phrases
when used in this Declaration will have the meanings hereinafter specified:
"Avplicable Law" means the statutes and public laws and ordinances in effect at the
time a provision of the Restrictions is applied, and pertaining to the subject matter of the
Restriction provision. Statutes and ordinances specifically referenced in the Restrictions are
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"Applicable Law" on the date of the Restrictions, and are not intended to apply to the Property
if they cease to be applicable by operation of law, or if they are replaced or superseded by one
or more other statutes or ordinances.
"Architectural Control Committee" or "ACC" means the committee created pursuant to
this Declaration to review and approve or deny plans for the construction, placement,
modification, alteration or remodeling of any Improvements on a Lot.
"Assessment" or "Assessments" means assessments imposed by the Association under
this Declaration.
"Assessment Unit" has the meaning set forth in Section 6.08(b).
"Association" means the Granada Residential Community, Inc., a Texas non-profit
corporation, which will be created by Declarant to exercise the authority and assume the
powers specified in Article 4 and elsewhere in this Declaration.
"Board" means the Board of Directors of the Association.
"Bulk Rate Contract" or "Bulk Rate Contracts" means one or more contracts which are
entered into by the Association for the provision of utility services or other services of any kind
or nature to the Lots. The services provided under Bulk Rate Contracts may include, without
limitation, cable television services, telecommunications services, internet access services,
"broadband" services, security services, trash pick up services, propane service, natural gas
service, lawn maintenance services, wastewater services, and any other services of any kind or
nature which are considered by the Board to be beneficial to all or a portion of the Property.
"Bylaws" means the Bylaws of the Association as adopted and as amended from time to
time by a Majority of the Board.
"Certificate" means the Certificate of Formation of the Association, filed in the Office of
the Secretary of State of Texas, as the same may be amended from time to time.
"Common Area" means any property and facilities that the Association owns or in
which it otherwise holds rights or obligations, including any property or facilities held by the
Declarant for the benefit of the Association or its Members. Common Area includes any
property that the Association holds under a lease, license, or any easement in favor of the
Association. Some Common Area will be solely for the common use and enjoyment of the
Owners, while other portions of the Common Area may be for the use and enjoyment of the
Owners and members of the public. Common Area specifically includes all land designated as
Common Area on a Plat of the Property.
"Community Manual" means the community manual, which may be initially adopted
and recorded by the Declarant as part of the initial project documentation for the benefit of the
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Association and the Property. The Community Manual may include the Bylaws, Rules and
other policies governing the Association. The Community Manual may be amended, from time
to time, by a Majority of the Board with Declarant's written consent during the Development
Period. Upon expiration or termination of the Development Period, the Community Manual
may be amended by a Majority of the Board.
"Community Systems" means any and all cable television, telecommunications,
alarm/monitoring, internet, telephone or other lines, conduits, wires, amplifiers, towers,
antennae, satellite dishes, equipment, materials and installations and fixtures (including those
based on, containing and serving future technological advances not now known), if installed by
Declarant pursuant to any grant of easement or authority by Declarant within the Property.
"Declarant" means MAGUIRE PARTNERS - SOLANA LAND, L.P., a Texas limited
partnership, its successors or assigns; provided that any assignment(s) of the rights of
MAGUIRE PARTNERS - SOLANA LAND, L.P., a Texas limited partnership, as Declarant,
must be expressly set forth in writing and Recorded.
Declarant enjoys special rights and privileges to help protect its investment in the
Property which are described in this Declaration. Many of these rights do not
terminate until either Declarant: (i) has conveyed all Lots which may be created out of
the Property; or (ii) voluntarily terminates these rights by a Recorded written
instrument.
"Design Guidelines" means the standards for design, construction, landscaping, and
exterior items adopted pursuant to Section 7.02(c), as the same may be amended from time to
time. The Design Guidelines may consist of multiple written design guidelines applying to
specific portions of the Property. Declarant may adopt the initial Design Guidelines.
Notwithstanding anything in this Declaration to the contrary, Declarant will have no obligation
to establish Design Guidelines.
"Development Period" means the period of time beginning on the date when this
Declaration has been Recorded, and ending at such time as Declarant no longer owns any
portion of the Property, unless earlier terminated by Declarant. Declarant may terminate the
Development Period by an instrument executed by Declarant and Recorded. The Development
Period is the period in which Declarant reserves the right to facilitate the development,
construction, and marketing of the Property, and the right to direct the size, shape and
composition of the Property.
"Homebuilder" means an Owner (other than the Declarant) who acquires a Lot for the
construction of a single family residence for resale to a third party.
"Improvement" means every structure and all appurtenances of every type and kind,
whether temporary or permanent in nature, including, but not limited to, buildings,
outbuildings, storage sheds, patios, tennis courts, sport courts, recreational facilities, swimming
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pools, putting greens, garages, driveways, parking areas and/or facilities, storage buildings,
sidewalks, fences, gates, screening walls, retaining walls, stairs, patios, decks, walkways,
landscaping, mailboxes, poles, signs, antennae, exterior air conditioning equipment or fixtures,
exterior lighting fixtures, water softener fixtures or equipment, and poles, pumps, wells, tanks,
reservoirs, pipes, lines, meters, antennas, towers and other facilities used in connection with
water, sewer, gas, electric, telephone, regular or cable television, or other utilities.
"Lot" means any portion of the Property designated by Declarant or as shown as a
subdivided Lot on a Plat other than Common Area.
"Ma'ori " means more than half.
"Manager" has the meaning set forth in Section 4.0500.
"Members" means every person or entity that holds membership privileges in the
Association.
"Mortgage" or "Mortgages" means any mortgage(s) or deed(s) of trust securing
indebtedness and covering any Lot.
"Mortga ee" or "Mortgagees" means the holder(s) of any Mortgage(s).
"Owner" means the person(s), entity or entities, including Declarant, holding all or a
portion of the fee simple interest in any Lot, but does not include the Mortgagee under a
Mortgage prior to its acquisition of fee simple interest in such Lot pursuant to foreclosure of the
lien of its Mortgage.
"Plat" means a Recorded subdivision plat of any portion of the Property and any
amendments thereto.
"Private Streets" means Lot _, Block within the Subdivision and consists of
private roadways, known as The Private Streets shall be
used for vehicular and pedestrian ingress and egress to and from the Lots and are designated
hereby as Common Area.
"Pro er " means Lots 1 through 84, inclusive, Granada, a subdivision in Tarrant
County Texas, according to the plat Recorded under Document No. subject
to such additions thereto and deletions therefrom as may be made pursuant to Section 11.03 and
Section 11.04 of this Declaration.
"Record, Recording, Recordation and Recorded" means recorded or to be recorded in
the Official Public Records of Tarrant County, Texas.
"Resident" means an occupant of a Lot, regardless of whether the person owns the Lot.
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
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Exhibit B
"Restrictions" means the restrictions, covenants, and conditions contained in this
Declaration, the Design Guidelines, Bylaws, Community Manual, Rules or policies promulgated
by the Board and amended from time to time. See Table 1 for a summary of the Restrictions.
"Rules" means any instrument, however denominated, which is adopted by the Board
for the regulation and management of the Property, including any amendments to those
instruments.
"Solar Energy Device" means a system or series of mechanisms designed primarily to
provide heating or cooling or to produce electrical or mechanical power by collecting and
transferring solar-generated energy. The term includes a mechanical or chemical device that
has the ability to store solar-generated energy for use in heating or cooling or in the production
of power.
"Town" means the Town of Westlake, Texas.
"Town Manager" means the Town Manager of the Town of Westlake, Texas or his/her
designee.
ARTICLE 2
USE RESTRICTIONS
All of the Property shall be owned, held, encumbered, leased, used, occupied, and
enjoyed subject to the following limitations and restrictions:
2.01 General.
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TABLE 1: RESTRICTIONS
Declaration (Recorded) This document and any amendments thereto.
Certificate of Formation (Recorded) Establishes the Association as a Texas nonprofit corporation.
Bylaws (Recorded) Governs the Association's internal affairs, such as elections,
meetings, etc.
Community Manual (Recorded) Establishes rules and policies governing the Association.
Design Guidelines (if adopted., Governs the design and architectural standards for the
Recorded) construction of Improvements and modifications thereto.
Rules (if adopted, Recorded) Regulates the use of property; activities, and conduct within
the Pro er
Board Resolutions (adopted by the Board Establishes rules, policies, and procedures for the Property,
of the Association) Owners an
d the Association.
(a) Conditions and Restrictions. All Lots within the Property will be owned, held,
encumbered, leased, used, occupied and enjoyed subject to the Restrictions.
NOTICE
The Restrictions are subject to change from time to time. By owning or occupying a
Lot, you agree to remain in compliance with the Restrictions, as they may change
from time to time.
(b) Ordinances. Ordinances and requirements imposed by local governmental
authorities are applicable to all Lots within the Property. Compliance with the Restrictions is
not a substitute for compliance with such ordinances and regulations. Please be advised that
the Restrictions do not purport to list or describe each ordinance or regulation which may be
applicable to a Lot located within the Property. Each Owner is advised to review all
ordinances, requirements, regulations and encumbrances affecting the use and improvement
of their Lot prior to submitting plans to the ACC for approval. Furthermore, approval by the
ACC should not be construed by the Owner that any Improvement complies with the terms
and provisions of any ordinances, requirements, regulations or encumbrances which may
affect the Owner's Lot. Certain encumbrances may benefit parties whose interests are not
addressed by the ACC.
2.02 Single -Family Residential Use. The Lots may be used solely for private single-
family residential purposes and there will not be constructed or maintained thereon more than
one detached single family residence. No professional, business, or commercial activity to
which the general public is invited may be conducted on any Lot, except an Owner or Resident
may conduct business activities within a residence 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
residence; (ii) the business activity conforms to all zoning requirements for the Property; (iii) the
business activity does not involve door-to-door solicitation of residents within the Property; (iv)
the business does not, in the Board's judgment, generate a level of vehicular or pedestrian traffic
or a number of vehicles parked within the Property which is noticeably greater than that which
is typical of residences in which no business activity is being conducted; 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, will be construed to have their ordinary, generally accepted
meanings and will 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: (x) such activity is engaged in full or part-time; (y) such
activity is intended to or does generate a profit; or (z) a license is required.
Leasing of a residence is not considered a business or trade within the meaning of this
subsection. This subsection will apply to any activity conducted by the Declarant or a
Homebuilder.
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Notwithstanding any provision in this Declaration to the contrary, until the earlier to
occur of expiration or termination of the Development Period, or forty_(40) years from the date
this Declaration is Recorded:
(i) Declarant and/or its licensees may construct and maintain upon portions of
the Common Area and any Lot owned by the Declarant such facilities and may conduct
such activities which, in Declarants sole opinion, may be reasonably required,
convenient, or incidental to the construction or sale of single family residences
constructed upon the Lots, including, but not limited to, business offices, signs, model
homes, and sales offices. Declarant and/or its licensees have an easement over and
across the Common Area for access and use of such facilities at no charge; and
(ii) Declarant and/or its licensees will have an access easement over and across
the Common Area for the purpose of making, constructing and installing Improvements
upon the Common Area.
2.03 Rentals. Nothing in this Declaration will prevent the rental of any Lot and the
Improvements thereon by the Owner thereof for residential purposes; provided that: (i) all
rentals must be for terms of at least six (6) months; and (ii) no portion of a Lot (other than the
entire Lot) may be rented. All leases shall be in writing, and the Board will have the authority
to approve all leases in advance. Each lease must provide, or be deemed to provide, that the
Board shall have the right to terminate the lease upon default by the tenant in observing any
provisions of the Restrictions. The Board may deny permission to lease any Lot on any
reasonable grounds the Board may find. The Board shall have the right to require the Owner to
deposit in escrow with the Association (in addition to any other deposits which may be
required by the Owner so long as such additional deposit is not prohibited by law) an amount
not to exceed one month's rental fee paid. Said deposit may be used by the Association to
repair any damage to the Property resulting from acts or omission by the tenants (as
determined in the sole discretion of. the Board). Regardless of whether or not expressed in the
applicable lease, all Owners shall be jointly and severally liable with the tenants of such Lot to
the Association for any amount which is required by the Association to effect such repairs or to
pay any claim for any injury or damage to property caused by the negligence of the tenant of
such Lot or for the acts or omissions of the tenant(s) of such Lot which constitute a violation of,
or non-compliance with, the provisions of the Documents. All leases shall comply with and be
subject to the provisions of the Restrictions and the provisions of same shall be deemed
expressly incorporated into any lease of a Lot. This Section 2.03 shall also apply to assignments
and renewals of leases. No lease approved by the Board shall be amended or modified without
the Board's approval. In making its determination as to whether to approve a lease of a Lot, the
Board shall not discriminate on the grounds of race, gender, religion, national origin, familial
status or physical or mental handicap; provided, however, nothing herein shall be construed to
require the Association to furnish an alternate tenant to the Owner in the event the Board
disapproves a lease or tenant. Upon entering into an agreement for the lease of a Lot, an
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Owner, other than Declarant, shall provide written notice to the Board, or its designee, of the
lease agreement and furnish the names of the prospective tenant. The Board may require that
the Owner deliver to the tenant, a copy of the Restrictions and obtain a written instrument
executed by the tenant acknowledging receipt of the Restrictions which receipt will be provided
to the Board. The Board shall have the right to charge an Owner a reasonable fee (not to exceed
$500.00) as determined by the Board for the processing of leases of Lots.
2.04 Subdividing. No Lot shall be further divided or subdivided, nor may any
easements or other interests therein less than the whole be conveyed by the Owner thereof
without the prior written approval of the ACC; provided, however, that when Declarant is the
Owner thereof, Declarant may further divide and subdivide any Lot and convey any easements
or other interests less than the whole, all without the approval of the ACC.
2.05 Hazardous Activities. No activities may be conducted on or within the Property
and no Improvements constructed on any portion of the Property which, in the opinion of the
Board, are or might be unsafe or hazardous to any person or property. Without limiting the
generality of the foregoing, no firearms or fireworks may be discharged upon any portion of the
Property unless discharged in conjunction with an event approved in advance by the Board and
no open fires may be lighted or permitted except within safe and well-designed fireplaces or in
contained barbecue units while attended and in use for cooking purposes. No portion of the
Property may be used for the takeoff, storage, or landing of aircraft (including, without
limitation, helicopters) except for medical emergencies.
2.06 Insurance Rates. Nothing shall be done or kept on the Property which would
increase the rate of casualty or liability insurance or cause the cancellation of any such insurance
on the Common Area, or the Improvements located thereon, without the prior written approval
of the Board.
2.07 Mining and Drilling. No portion of the Property may be used for the purpose of
mining, quarrying, drilling, boring, or exploring for or removing oil, gas, or other
hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate, or earth. This
provision will not be construed to prevent the excavation of rocks, stones, sand, gravel,
aggregate, or earth or the storage of such material for use as fill provided that such activities are
conducted in conjunction with the construction of Improvements and/or the development of the
Property by the Declarant. Furthermore, this provision will not be interpreted to prevent the
drilling of water wells approved in advance by the ACC which are required to provide water to
all or any portion of the Property. All water wells must also be approved in advance by the
ACC and any applicable regulatory authority.
2.08 Water Bodies. By acceptance of a deed to Lot, each Owner acknowledges that
the water levels of all water bodies, if any, may vary. There is no guarantee by the Declarant or
the Association that water levels will be constant or aesthetically pleasing at any particular time.
In fact, water levels may be non-existent from time to time.
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2.09 Noise. No exterior speakers, horns, whistles, bells, or other sound devices (other
than security devices used exclusively for security purposes) shall be located, used, or placed on
any of the Property. No noise or other nuisance shall be permitted to exist or operate upon any
portion of the Property so as to be offensive or detrimental to any other portion of the Property
or to its Residents. Without limiting the generality of the foregoing, if any noise or nuisance
emanates from any Improvement on any Lot, the Association may (but shall not be obligated to)
enter any such Improvement and take such reasonable actions necessary to terminate such noise
(including silencing any burglar or break-in alarm).
2.10 Animals - Household Pets. No animals, including pigs, hogs, swine, poultry,
fowl, wild animals, horses, cattle, sheep, goats, or any other type of animal not considered to be
a domestic household pet within the ordinary meaning and interpretation of such words may
be kept, maintained, or cared for on or within the Property (as used in this paragraph, the term
"domestic household pet" shall not mean or include non-traditional pets such pot-bellied pigs,
miniature horses, goats, exotic snakes or lizards, ferrets, monkeys, chickens or other exotic
animals). The Board may conclusively determine, in its sole discretion, whether a. particular pet
is a domestic household pet within the ordinary meaning and interpretation of such words. No
Owner may keep more than four (4) cats and dogs, in the aggregate, of which no more than two
(2) may be dogs, unless otherwise approved by the Board. No animal may be allowed to make
an unreasonable amount of noise, or to become a nuisance, and no domestic pets will be
allowed on the Property other than within the Owner's residence, or the fenced yard space
associated therewith, unless confined to a leash. The Association may restrict pets to certain
areas on the Property. No animal may be stabled, maintained, kept, cared for, or boarded for
hire or remuneration on the Property, and no kennels or breeding operation will be allowed.
No animal may be allowed to run at large, and all animals must be kept within enclosed areas
which must be clean, sanitary, and reasonably free of refuse, insects, and waste at all times. No
pet may be left unattended in yards, porches or other outside area. All pet waste will be
removed and appropriately disposed of by the owner of the pet. All pets must be registered,
licensed and inoculated as required by Applicable Law. If, in the opinion of the Board, any pet
becomes a source of unreasonable annoyance to others, or the owner of the pet fails or refuses to
comply with these restrictions, the Owner, upon written notice, may be required to remove the
pet from the Property.
2.11 Rubbish and Debris. As determined by the Board, no rubbish or debris of any
kind may be placed or permitted to accumulate on or within the Property, and no odors will be
permitted to arise therefrom so as to render all or any portion of the Property unsanitary,
unsightly, offensive, or detrimental to any other property or Residents. Refuse, garbage, and
trash must be kept at all times in covered containers, and such containers must be kept within
enclosed structures or appropriately screened from view. Each Owner will contract with an
independent disposal service to collect all garbage or other wastes, if such service is not
provided by a governmental entity or the Association.
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2.12 Trash Containers. Trash containers and recycling bins must be stored in one of
the following locations:
(a) inside the garage of the single-family residence constructed on the Lot, or
(b) behind the single-family residence or fence constructed on the Lot in such a
manner that the trash container and recycling bin is not visible from any street, alley, or
adjacent Lot.
The Board shall have the right to specify additional locations on each Owner's Lot in
which trash containers or recycling bins must be stored.
2.13 Maintenance. The Owners of each Lot shall jointly and severally have the duty
and responsibility, at their sole cost and expense, to keep their Lot and all Improvements
thereon in good condition and repair and in a well-maintained, safe, clean and attractive
condition at all times. The Board, in its sole discretion, shall determine whether a violation of
the maintenance obligations set forth in this Section 2.13 has occurred. Such maintenance
includes, but is not limited to the following, which shall be performed in a timely manner, as
determined by the Board, in its sole discretion:
(i) Prompt removal of all litter, trash, refuse, and wastes.
(ii) Lawn mowing.
(iii) Tree and shrub pruning.
(iv) Watering.
(v) Keeping exterior lighting and mechanical facilities in working order.
(vi) Keeping lawn and garden areas alive, free of weeds, and attractive.
(vii) Keeping planting beds free of turf grass.
(viii) Keeping sidewalks and driveways in good repair.
(ix) Complying with Applicable Law.
(x) Repainting of Improvements.
(xi) Repair of exterior damage, and wear and tear to Improvements.
2.14 Street Landscape Area -Owner's Obligation to Maintain Landscaping. Each
Owner will be responsible, at such Owner's sole cost and expense, for maintaining mowing,
replacing, pruning, and irrigating the landscaping between the boundary of such Owner's Lot
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and the curb of any adjacent right-of-way, street or alley (the "ST Landscape Area") unless the
responsibility for maintaining the ST Landscape Area is performed by the Association.
2.15 Antennas. Except as expressly provided below, no exterior radio or television
antennae or aerial or satellite dish or disc, shall be erected, maintained or placed on a Lot
without the prior written approval of the ACC; provided, however, that:
(i) an antenna designed to receive direct broadcast services, including direct -to -home
satellite services, that is one meter or less in diameter; or
(ii) an antenna designed to receive video programming services via multipoint
distribution services, including multi -channel multipoint distribution services, instructional
television fixed services, and local multipoint distribution services, that is one meter or less in
diameter or diagonal measurement; or
(iii) an antenna that is designed to receive television or radio broadcast signals
(collectively, (i) through (iii) are referred to herein as the "Permitted Antennas") will be
permitted subject to reasonable requirements as to location and screening as may be set forth in
rules adopted by the ACC, consistent with Applicable Law, in order to minimize obtrusiveness
as viewed from streets and adjacent property.
2.16 Location of Permitted Antennas. A Permitted Antenna may be installed solely
on the Owner's Lot and shall not encroach upon any street, Common Area, or any other portion
of the Property. A Permitted Antenna shall be installed in a location on the Lot from which an
acceptable quality signal can be obtained and where least visible from the street and the
Property, other than the Lot. In order of preference, the locations of a Permitted Antenna
which will be considered least visible by the ACC are as follows:
(i) Attached to the back of the principal single-family residence constructed on the Lot,
with no part of the Permitted Antenna any higher than the lowest point of the roofline and
screened from view of adjacent Lots and the street; then
(ii) Attached to the side of the principal single-family residence constructed on the Lot,
with no part of the Permitted Antenna any higher than the lowest point of the roofline and
screened from view of adjacent Lots and the street.
The ACC may, from time to time, modify, amend, or supplement the rules regarding
installation and placement of Permitted Antennas.
Satellite dishes one meter or less in diameter, e.g., DirecTV or Dish satellite dishes,
are permitted, HOWEVER, you are required to comply with the rules regarding
installation and placement. These Rules may be modified by the ACC from time to
time. Please contact the ACC for the current rules regarding installation and
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placement.
2.17 Suns. Unless otherwise prohibited by Applicable Law, no sign of any kind may
be displayed to the public view on any Lot without the prior written approval of the ACC,
exceptfor:
(i) signs which are permitted pursuant to the Design Guidelines or the Rules;
(ii) signs which are part of Declarant's overall marketing, sale, or construction plans
or activities for the Property;
(iii) one (1) temporary "For Sale" or "For Lease" sign placed on the Lot. The sign will
be limited to a maximum face area of five (5) square feet on each visible side and, if free
standing, is mounted on a single or frame post. The overall height of the sign from finished
grade at the spot where the sign is located may not exceed four (4) feet. The sign must be
removed within two (2) business days following the sale or lease of the Lot;
(iv) political signs may be erected provided the sign: (a) is erected no earlier than the
90t1 day before the date of the election to which the sign relates; (b) is removed no later than the
1011 day after the date of the election to which the sign relates; and (c) is ground -mounted. Only
one sign may be erected for each candidate or ballot item. In addition, signs which include any
of the components or characteristics described in Section 202.009(c) of the Texas Property Code
are prohibited;
(v) permits as may be required by legal proceedings or a governmental entity;
(vi) a religious item on the entry door or door frame of a residence (which may not
extend beyond the outer edge of the door frame), provided that the size of the item(s),
individually or in combination with other religious items on the entry door or door frame of the
residence, does not exceed twenty-five (25) square inches; and
(vii) a "no soliciting" and "security warning" sign near or on the front door to their
residence, provided, that the sign may not exceed twenty-five (25) square inches.
2.18 Flags - Approval Requirements. An Owner is permitted to display the flag of
the United States of America, the flag of the State of Texas, or an official or replica flag of any
branch of the United States Military ("Permitted Flag") and permitted to install a flagpole no
more than five feet (5') in length affixed to the front of a residence near the principal entry or
affixed to the rear of a residence ("Permitted Flagpole"). Only two (2) permitted Flagpoles are
allowed per residence. A Permitted Flag or Permitted Flagpole need not be approved in
advance by the ACC. Approval by the ACC is required prior to installing vertical freestanding
flagpoles installed in the front or back yard area of any Lot ("Freestanding Flagpole"). To
obtain ACC approval of any Freestanding Flagpole, the Owner shall provide the ACC with the
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following information: (a) the location of the Freestanding Flagpole to be installed on the Lot;
(b) the type of Freestanding Flagpole to be installed; (c) the dimensions of the Freestanding
Flagpole; and (d) the proposed materials of the Freestanding Flagpole (the "Flagpole
Application"). A Flagpole Application may only be submitted by an Owner. The Flagpole
Application shall be submitted in accordance with the provisions of Article 7 of this Declaration.
2.19 Flags - Installation and Display. Unless otherwise approved in advance and in
writing by the ACC, Permitted Flags, Permitted Flagpoles and Freestanding Flagpoles, installed
in accordance with the Flagpole Application, must comply with the following:
(i) No more than one (1) Freestanding Flagpole OR no more than two (2) Permitted
Flagpoles are permitted per Lot, on which only Permitted Flags may be
displayed;
(ii) Any Permitted Flagpole must be no longer than five feet (5) in length and any
Freestanding Flagpole must be no more than twenty feet (20') in height
(iii) Any Permitted Flag displayed on any flagpole may not be more than three feet in
height by five feet in width (3'x5');
(iv) With the exception of flags displayed on Common Area or any Lot which is
being used for marketing purposes by a Homebuilder, the flag of the United
States of America must be displayed in accordance with 4 U.S.C. Sections 5-10
and the flag of the State of Texas must be displayed in accordance with Chapter
3100 of the Texas Government Code;
(v) The display of a Permitted Flag, or the location and construction of a Permitted
Flagpole or Freestanding Flagpole must comply with all Applicable Law;
(vi) Each Permitted Flagpole and Freestanding Flagpole must be constructed of
permanent, long-lasting materials, with a finish appropriate to the materials used
in the construction thereof and harmonious with the residence;
(vii) Permitted Flag, Permitted Flagpole or Freestanding Flagpole must be maintained
in good condition and any deteriorated Permitted Flag or deteriorated or
structurally unsafe Permitted Flagpole or Freestanding Flagpole must be
repaired, replaced or removed;
(viii) A Permitted Flag may be illuminated by no more than one (1) halogen
landscaping light of low beam intensity which shall not be aimed towards or
directly affect any neighboring Lot; and
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(ix) Any external halyard of a Permitted Flagpole or Freestanding Flagpole must be
secured so as to reduce or eliminate noise from flapping against the metal of the
Permitted Flagpole or Freestanding Flagpole.
The requirements of this Section 2.19 shall not apply to any flag or flagpole erected by
the Declarant.
2.20 Tanks. No tanks, including tanks for storage of fuel, water, oil, or LPG are
permitted on the Property. Notwithstanding the foregoing, swimming pool filter tanks are
permitted. No elevated tanks of any kind may be erected, placed or permitted on any Lot
without the advance written approval of the ACC. All permitted tanks must be screened from
view in accordance with a screening plan approved in advance by the ACC. This provision will
not apply to a tank used to operate a standard residential gas grill.
2.21 Temporary Structures. No tent, shack, or other temporary building,
Improvement, or structure shall be placed upon the Property without the prior written approval
of the ACC; provided, however, that temporary structures necessary for storage of tools and
equipment, and for office space for Homebuilders, architects, and foremen during actual
construction may be maintained with the prior approval of Declarant, approval to include the
nature, size, duration, and location of such structure.
2.22 Unsightly Articles; Vehicles. No article deemed to be unsightly by the Board
will be permitted to remain on any Lot so as to be visible from adjoining property or from
public or private thoroughfares. Without limiting the generality of the foregoing, trailers,
graders, trucks other than pickups, boats, tractors, campers, wagons, buses, motorcycles, motor
scooters, all -terrain vehicles and garden and lawn maintenance equipment must be kept at all
times except when in actual use, in enclosed structures or screened from view and no repair or
maintenance work may be done on any of the foregoing, or on any automobile (other than
minor emergency repairs), except in enclosed garages or other structures. Service areas, storage
areas, compost piles and facilities for hanging, drying or airing clothing or household fabrics
must be appropriately screened from view, and no lumber, grass, plant waste, shrub or tree
clippings, metals, bulk materials, scrap, refuse or trash must be kept, stored, or allowed to
accumulate on any portion of the Property except within enclosed structures or appropriately
screened from view. No: (i) racing vehicles; or (ii) other vehicles (including, without limitation,
motorcycles or motor scooters) which are inoperable or do not have a current license tag will be
permitted to remain visible on any Lot or to be parked on any roadway within the Property.
Motorcycles shall be operated in a quiet manner.
Parking of commercial vehicles or equipment, recreational vehicles, boats and other
watercraft, trailers, stored vehicles or inoperable vehicles in places other than: (a) in enclosed
garages; and (b) behind a fence so as to not be visible from any other portion of the Property is
prohibited; provided, construction, service and delivery vehicles may be exempt from this
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provision for such period of time as is reasonably necessary to provide service or to make a
delivery to a residence.
Mobile homes are prohibited. Notwithstanding the foregoing, sales trailers or other
temporary structures installed by the Declarant or expressly approved by the ACC shall be
permitted.
2.23 On Street Parkinsz. Unless otherwise approved by the Declarant or the Board,
no vehicle may be parked on any road or street within the Property unless in the event of an
emergency. "Emergency" for purposes of the foregoing sentence shall mean an event which
jeopardizes life or property. "Parked" as used herein shall be defined as a vehicle left
unattended by a licensed operator for more than thirty (30) consecutive minutes.
2.24 Basketball Goals; Permanent and Portable. The basketball goal requirements
are set forth in the Design Guidelines. Portable basketball goals are permitted but must be
stored in the rear of the Lot or inside garage from sundown to sunrise. Basketball goals must be
properly maintained and painted, with the net in good repair. All basketball goals, whether
permanent or portable, must be approved by the ACC prior to being placed on any Lot.
2.25 No Tennis or Recreational Courts; Plates. No tennis, recreational or sport
courts shall be constructed on any Lot unless expressly approved by the ACC. The specific
requirements of tennis, recreational and/or sport courts are set forth in the Design Guidelines.
2.26 Decorations and Lighting. Unless otherwise permitted by Section 2.16(vi), no
decorative appurtenances such as sculptures, birdbaths and birdhouses, fountains, or other
decorative embellishments shall be placed on the residence or on the front yard or on any other
portion of a Lot which is visible from any street, unless such specific items have been approved
in writing by the ACC. Additional specifications related to decorations and lighting are set
forth in the Design Guidelines.
2.27 Clotheslines; Window Air Conditioners. No clotheslines and no outdoor
clothes drying or hanging shall be permitted within the Property, nor shall anything be hung,
painted or displayed on the outside of the windows (or inside, if visible from the outside) or
placed on the outside walls or outside surfaces of doors of any of the residence, and no
awnings, canopies or shutters (except for those heretofore or hereinafter installed by Declarant
or a Homebuilder) shall be affixed or placed upon the exterior walls or roofs of residences, or
any part thereof, nor relocated or extended, without the prior written consent of the ACC.
Window air conditioners are prohibited.
2.28 Dumping.. No portion of the Property shall be used or maintained as a dumping
ground for rubbish, trash, new or used lumber or wood, metal scrap, garbage or other waste,
except that such material may be kept in areas of the Property designated for this purpose by
Declarant (in connection with its construction) or by the Board, provided that these materials
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are kept in sanitary containers in a clean and sanitary condition. Owners shall place these
containers for collection only in the designated areas and only on the day these refuse materials
are to be collected. Empty containers shall be removed promptly after collection.
2.29 Compliance with Restrictions. Each Owner, his or her family, Residents of a
Lot, tenants, and the guests, invitees, and licensees of the preceding shall comply strictly with
the provisions of the Restrictions as the same may be amended from time to time. Failure to
comply with any of the Restrictions shall constitute a violation of the Restrictions and may
result in a fine against the Owner in accordance with Section 6.13 of this Declaration, and shall
give rise to a cause of action to recover sums due for damages or injunctive relief, or both,
maintainable by the Declarant, the Board on behalf of the Association, the ACC, or by an
aggrieved Owner. Without limiting any rights or powers of the Association, the Board may
(but shall not be obligated to) remedy or attempt to remedy any violation of any of the
provisions of Restrictions, and the Owner whose violation has been so remedied shall be
personally liable to the Association for all costs and expenses of effecting (or attempting to
effect) such remedy. If such Owner fails to pay such costs and expenses upon demand by the
Association, such costs and expenses (plus interest from the date of demand until paid at the
maximum lawful rate, or if there is no such maximum lawful rate, at the rate of one and one-
half percent (1-1/2%) per month) shall be assessed against and chargeable to the Owner's Lot(s).
Any such amounts assessed and chargeable against a Lot shall be secured by the liens reserved
in this Declaration for Assessments and may be collected by any means provided in this
Declaration for the collection of Assessments, including, but not limited to, foreclosure of such
liens against the Owner's Lot(s). Each such Owner shall indemnify and hold harmless the
Association and its officers, directors, employees and agents from any cost, loss, damage,
expense, liability, claim or cause of action incurred or that may arise by reason of the
Association's acts or activities under this Section 2.29 (including any cost, loss, damage,
expense, liability, claim or cause of action arising out of the Association's negligence in
connection therewith), except for such cost, loss, damage, expense, liability, claim or cause of
action arising by reason of the Association's gross negligence or willful misconduct. "Gross
negligence" as used herein does not include simple negligence, contributory negligence or
similar negligence short of actual gross negligence.
2.30 Liability of Owners for Damage to Common Area. No Owner shall in any way
alter, modify, add to or otherwise perform any work upon the Common Area without the prior
written approval of the Board. Each Owner shall be liable to the Association for any and all
damages to: (i) the Common Area and any Improvements constructed thereon; or (ii) any
Improvements constructed on any Lot, the maintenance of which has been assumed by the
Association, which damages were caused by the neglect, misuse or negligence of such Owner or
Owner's family, or by Resident of such Owner's Lot, or any guest or invitee of such Owner or
Resident. The full cost of all repairs of such damage shall be an Individual Assessment against
such Owner's Lot, secured by a lien against such Owner's Lot and collectable in the same
manner as Assessments.
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W.W.W.
2.31 No Warranty of Enforceability. Declarant makes no warranty or representation
as to the present or future validity or enforceability of the Restrictions. Any Owner acquiring a
Lot in reliance on one or more of the Restrictions shall assume all risks of the validity and
enforceability thereof and, by acquiring the Lot, agrees to hold Declarant harmless therefrom.
2.32 Restriction on Use of Common Area. The Board may prohibit or restrict the use
of the Common Area from time to time, on a non-discriminatory basis, if and to the extent
required for safety or other valid reasons.
2.33 Declarant and Homebuilder Exemption. The provisions of this Article are
intended to restrict certain uses that may be harmful or affect the ambience or aesthetic appeal
of the Property; the restrictions are not intended to prohibit the Declarant or Homebuilders
from performing such work as may be necessary for the development of the Property or the
construction of Improvements thereon. The restrictions in this Article shall not be binding on
Declarant or Homebuilders in the performance of any work required in order to complete
construction of the Property, or any portion thereof.
ARTICLE 3
3.01 Approval for Construction. Unless prosecuted by the Declarant, no
Improvements shall be constructed upon any Lot without the prior written approval of the
ACC in accordance with Article 7 of this Declaration.
3.02 Masonry Requirements. The masonry requirements for each residence
constructed on a Lot are set forth in the Design Guidelines.
3.03 Minimum Square Footage. The minimum square footage requirements for each
residence constructed on a Lot are set forth in the Design Guidelines.
3.04 Garages. The garage requirements for each residence constructed on a Lot are
set forth in the Design Guidelines.
3.05 Fences; Sidewalks. All fences and walls shall comply with all Applicable Law.
Unless otherwise approved by the ACC, no fence, wall or hedge will be erected or maintained
on any Lot nearer to the street than the front elevation of the residence constructed on the Lot,
except for fences erected in conjunction with the model homes or sales offices. The ACC will
have the sole discretion to determine the front elevation of the residence for the purpose of this
Section 3.05. Fences constructed on corner lots may be installed one (1) foot from the sidewalk
and/or curb along the side yard adjacent to the street provided that such fencing complies with
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Applicable Law. The fencing requirements for each residence constructed on a Lot are set forth
in the Design Guidelines. If required by the Plat, the Owner of each Lot shall construct, at such
Owner's sole cost and expense and prior to occupying any Improvement, a sidewalk on such
Owner's Lot, located and designed in conformance with the Plat.
3.06 Building Restrictions. All building materials must be approved in advance by
the ACC. All projections from a residence or other structure, including but not limited to
chimney flues, vents, gutters, downspouts, utility boxes, porches, railings and exterior
stairways must, unless otherwise approved by the ACC, match the color of the surface from
which they project. No highly reflective finishes (other than glass, which may not be mirrored)
shall be used on exterior surfaces (other than surfaces of hardware fixtures), including, without
limitation, the exterior surfaces of any Improvements.
3.07 Alteration or Removal of Improvements. Any construction, other than normal
maintenance, which in any way alters the exterior appearance of any Improvement, or the
removal of any Improvement shall be performed only with the prior written approval of the
ACC.
3.08 Drainage. There shall be no interference with the established drainage patterns
over any of the Property, including the Lots, except by Declarant, unless adequate provision is
made for proper drainage and such provision is approved in advance by the ACC. Specifically,
and not by way of limitation, no Improvement, including landscaping, may be installed which
impedes the proper drainage of water between Lots.
3.09 Construction Activities. The Restrictions will not be construed or applied so as
to unreasonably interfere with or prevent normal construction activities during the construction
of Improvements by an Owner (including Declarant or a Homebuilder) upon or within the
Property. Specifically, no such construction activities will be deemed to constitute a nuisance or
a violation of the Restrictions by reason of noise, dust, presence of vehicles or construction
machinery, posting of signs or similar activities, provided that such construction is pursued to
completion with reasonable diligence and conforms to usual construction practices in the area.
In the event that construction upon any Lot does not conform to usual practices in the area as
determined by the ACC in its sole and reasonable judgment, the ACC will have the authority to
seek an injunction to stop such construction. In addition, if during the course of construction
upon any Lot there is excessive accumulation of debris of any kind which would render the Lot
or any portion thereof unsanitary, unsightly, offensive, or detrimental to it or any other portion
of the Property, then the ACC may contract for or cause such debris to be removed, and the
Owner of the Lot will be liable for all reasonable expenses incurred in connection therewith.
3.10 Roofing. The roofing requirements for each residence constructed on a Lot are
set forth in the Design Guidelines.
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3.11 Swimming Pools. Specific swimming pool requirements are set forth in the
Design Guidelines. Any swimming pool constructed on a Lot must be enclosed with a fence or
other enclosure device completely surrounding the swimming pool which, at a minimum,
satisfies all Applicable Law. Nothing in this Section 3.11 is intended or shall be construed to
limit or affect an Owner's obligation to comply with any Applicable Law concerning swimming
pool enclosure requirements. Above -ground or temporary swimming pools are prohibited.
3.12 Solar Energy Device. During the Development Period this Section 3.12 does not
apply and the Declarant must approve in advance and in writing the installation of any solar
energy device or apparatus (a "Solar Energy Device"). Until expiration or termination of the
Development Period, the Declarant may prohibit the installation of any Solar Energy Device.
After expiration or termination of the Development Period, Solar Energy Devices may be
installed with the advance written approval of the ACC.
(a) Application. To obtain ACC approval of a Solar Energy Device, the Owner shall
provide the ACC with the following information: (i) the proposed installation location of the
Solar Energy Device; and (ii) a description of the Solar Energy Device, including the
dimensions, manufacturer, and photograph or other accurate depiction (the "Solar
Application"). A Solar Application may only be submitted by an Owner. The Solar
Application shall be submitted in accordance with the provisions of Article 7 of this
Declaration.
(b) Approval Process. The ACC will review the Solar Application in accordance
with the terms and provisions of Article 7 of this Declaration. The ACC will approve a Solar
Energy Device if the Solar Application complies with Section 3.12(c) below UNLESS the ACC
makes a written determination that placement of the Solar Energy Device, despite
compliance with Section 3.12(c), will create a condition that substantially interferes with the
use and enjoyment of property within the Property by causing unreasonable discomfort or
annoyance to persons of ordinary sensibilities. The ACC's right to make a written
determination in accordance with the foregoing sentence is negated if all Owners of Lots
immediately adjacent to the Owner/applicant provide written approval of the proposed
placement. Any proposal to install a Solar Energy Device on property owned or maintained
by the Association or property owned in common by Members of the Association must be
approved in advance and in writing by the Board, and the Board need not adhere to this
policy when considering any such request.
(c) Approval Conditions. Unless otherwise approved in advance and in writing by
the ACC, each Solar Application and each Solar Energy Device to be installed in accordance
therewith must comply with the following:
(i) The Solar Energy Device must be located on the roof of the residence
located on the Owner's Lot, entirely within a fenced area of the Owner's
Lot, or entirely within a. fenced patio located on the Owner's Lot. If the
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Solar Energy Device will be located on the roof of the residence, the ACC
may designate the location for placement unless the location proposed by
the Owner increases the estimated annual energy production of the Solar
Energy Device, as determined by using a publicly available modeling tool
provided by the National Renewable Energy Laboratory, by more than 10
percent above the energy production of the Solar Energy Device if
installed in the location designated by the ACC. If the Owner desires to
contest the alternate location proposed by the ACC, the Owner should
submit information to the ACC which demonstrates that the Owner's
proposed location meets the foregoing criteria. If the Solar Energy Device
will be located in the fenced area of the Owner's Lot or patio, no portion
of the Solar Energy Device may extend above the fence line.
(ii) If the Solar Energy Device is mounted on the roof of the principal
residence located on the Owner's Lot, then: (a) the Solar Energy Device
may not extend higher than or beyond the roofline; (b) the Solar Energy
Device must conform to the slope of the roof and the top edge of the Solar
Device must be parallel to the roofline; (c) the frame, support brackets, or
visible piping or wiring associated with the Solar Energy Device must be
silver, bronze or black.
3.13 Rainwater Harvesting Systems. Rain barrels or rainwater harvesting systems (a
"Rainwater Harvesting System") may be installed with the advance written approval of the
ACC.
(a) Application. To obtain ACC approval of a Rainwater Harvesting System, the
Owner shall provide the ACC with the following information: (a) the proposed installation
location of the Rainwater Harvesting System; and (b) a description of the Rainwater
Harvesting System, including the color, dimensions, manufacturer, and photograph or other
accurate depiction (the "Rain System Application'). A Rain System Application may only
be submitted by an Owner.
(b) Approval Process. The decision of the ACC will be made in accordance with
Article 7 of this Declaration. Any proposal to install a Rainwater Harvesting System on
property owned by the Association or property owned in common by Members of the
Association must be approved in advance and in writing by the Board, and the Board need
not adhere to this policy when considering any such request.
(c) Approval Conditions. Unless otherwise approved in advance and in writing by
the ACC, each Rain System Application and each Rainwater Harvesting System to be
installed in accordance therewith must comply with the following:
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(i) The Rainwater Harvesting System must be consistent with the color
scheme of the residence constructed on the Owner's Lot, as reasonably
determined by the ACC.
(ii) The Rainwater Harvesting System does not include any language or other
content that is not typically displayed on such a device.
(iii) The Rainwater Harvesting System is in no event located between the
front of the residence constructed on the Owner's Lot and any adjoining
or adjacent street.
(iv) There is sufficient area on the Owner's Lot to install the Rainwater
Harvesting System, as reasonably determined by the ACC.
(v) If the Rainwater Harvesting System will be installed on or within the side
yard of a Lot, or would otherwise be visible from a street, the Common
Area, or another Owner's Lot, the ACC may regulate the size, type,
shielding of, and materials used in the construction of the Rainwater
Harvesting System. See Section 3.13(4) for additional guidance.
(d) Guidelines. If the Rainwater Harvesting System will be installed on or within the
side yard of a Lot, or would otherwise be visible from a street, the Common Area, or another
Owner's Lot, the ACC may regulate the size, type, shielding of, and materials used in the
construction of the Rainwater Harvesting System. Accordingly, when submitting a Rain
System Application, the application should describe methods proposed by the Owner to
shield the Rainwater Harvesting System from the view of any street, Common Area, or
another Owner's Lot. When reviewing a Rain System Application for a Rainwater
Harvesting System that will be installed on or within the side yard of a Lot, or would
otherwise be visible from a street, the Common Area, or another Owner's Lot, any additional
requirements imposed by the ACC to regulate the size, type, shielding of, and materials used
in the construction of the Rainwater Harvesting System, may notrp ohibit the economic
installation of the Rainwater Harvesting System, as reasonably determined by the ACC.
ARTICLE 4
GRANADA RESIDENTIAL COMMUNITY, INC.
4.01 Organization. The Association will be a nonprofit corporation created for the
purposes, charged with the duties, and vested with the powers of a Texas non-profit
corporation. Neither the Certificate nor Bylaws will for any reason be amended or otherwise
changed or interpreted so as to be inconsistent with this Declaration.
4.02 Membership.
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(a) Mandatory Membership. Any person or entity, upon becoming an
Owner, will automatically become a Member of the Association. Membership will be
appurtenant to and will run with the ownership of the Lot that qualifies the Owner thereof for
membership, and membership may not be severed from the ownership of the Lot, or in any
way transferred, pledged, mortgaged or alienated, except together with the title to such Lot.
If you acquire a Lot you automatically become a member of the Association.
Membership is Mandatory!
(b) Easement of. Enjoyment — Common Area. Every Member will have a
right and easement of enjoyment in and to all of the Common Area and an access easement
by and through any Common Area, which easements will be appurtenant to and will pass
with the title to such Member's Lot, subject to the following restrictions and reservations:
(i) The right of the Declarant to cause such Improvements and features to be
constructed upon the Common Area, as determined from time to time by
the Declarant, in the Declarant's sole and absolute discretion;
(ii) The right of the Association to suspend the right to use the Common Area.
for any period during which any Assessment against such Member's Lot
remains past due and for any period during which such member is in
violation of any provision of this Declaration,
(iii) The right of the Association and Declarant (during the Development
Period) to dedicate or transfer all or any part of the Common Area to any
public agency, authority or utility for any purpose;
(iv) The right of the Association and Declarant (during the Development
Period) to grant easements or licenses over and across the Common Area;
(v) The right of the Association to borrow money for the purpose of
improving the Common Area and, in furtherance thereof, mortgage the
Common Area;
(vi) The right of the Declarant, during the Development Period, and the
Board thereafter, to promulgate Rules regarding the use of the Common
Area and any Improvements thereon; and
(vii) The right of the Association to contract for services with any third parties
on such terms as the Association may determine.
4.03 Governance. The Board will consist of at least three (3) persons elected at the
annual meeting of the Association, or at a special meeting called for such purpose.
Notwithstanding the foregoing provision or any provision in this Declaration to the contrary,
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Declarant will have the sole right to appoint and remove all members of the Board until the
10th anniversary of the date this Declaration is Recorded. No later than the 10th anniversary of
the date this Declaration is Recorded, or sooner as determined by Declarant, the Board will
hold a meeting of Members of the Association for the purpose of electing one-third of the
Board (the "Initial Member Election Meeting"), which Board member(s) must be elected by
Owners other than the Declarant. Declarant shall continue to have the sole right to appoint
and remove two-thirds of the Board from and after the Initial Member Election Meeting until
expiration or termination of the Development Period.
4.04 Voting Rights. The right to cast votes and the number of votes which may be
cast for election of members to the Board (except as provided by Section 4.03) and on all other
matters to be voted on by the Members will be calculated as set forth below.
(i) The Owner of each Lot will have one (1) vote for each Lot so owned.
(ii) In addition to the votes to which Declarant is entitled by reason of Section
4.04(i), for every one (1) vote outstanding in favor of any other person or
entity, Declarant will have four (4) additional votes until the expiration or
termination of the Development Period.
(iii) When more than one person or entity owns a portion of the fee simple
interest in any Lot, all such persons or entities will be Members. The vote
or votes (or fraction thereof) for such Lot will be exercised by the person
so designated in writing to the Secretary of the Association by the Owner
of such Lot, and in no event will the vote for such Lot exceed the total
votes to which such Lot is otherwise entitled under this Section 4.04.
4.05 Powers. The Association will have the powers of a Texas nonprofit corporation.
It will further have the power to do and perform any and all acts that may be necessary or
proper, for or incidental to, the exercise of any of the express powers granted to it by
Applicable Law or this Declaration. Without in any way limiting the generality of the two
preceding sentences, the Board, acting on behalf of the Association, will have the following
powers at all times:
(a) Rules, Bylaws and Community Manual. To make, establish and
promulgate, and in its discretion to amend from time to time, or repeal and re-enact, such
rules, regulations, Bylaws and Community Manual not in conflict with this Declaration, as it
deems proper, covering any and all aspects of the Property (including the operation,
maintenance and preservation thereof) or the Association. Any Rules, and any
modifications to existing Rules, or the Bylaws proposed by the Board must be approved in
advance and in writing by the Declarant until expiration or termination of the Development
Period.
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(b) Insurance. To obtain and maintain in effect, policies of insurance that, in
the opinion of the Board, are reasonably necessary or appropriate to carry out the
Association's functions.
(c) Records. To keep books and records of the Association's affairs, and to
make such books and records, together with current copies of the Restrictions available for
inspection by the Owners, Mortgagees, and insurers or guarantors of any Mortgage upon
request during normal business hours.
(d) Assessments. To levy and collect assessments, as provided in Article 6
below.
(e) Right of Entr3r and Enforcement. To enter at any time without notice in
an emergency (or in the case of a non -emergency, after twenty-four (24) hours written
notice), without being liable to any Owner or Resident, upon any Lot and into any
Improvement thereon for the purpose of enforcing the Restrictions or for the purpose of
maintaining or repairing any area, Improvement or other facility to conform to the
Restrictions. The expense incurred by the Association in connection with the entry upon any
Lot and the maintenance and repair work conducted thereon or therein will be a personal
obligation of the Owner of the Lot so entered, will be deemed an Individual Assessment
against such Lot, will be secured by a lien upon such Lot, and will be enforced in the same
manner and to the same extent as provided in Article 6 hereof for Assessments. The
Association will have the power and authority from time to time, in its own name and on its
own behalf, or in the name of and on behalf of any Owner who consents thereto, to
commence and maintain actions and suits to enforce, by mandatory injunction or otherwise,
or to restrain and enjoin, any breach or threatened breach of the Restrictions. The
Association is also authorized to settle claims, enforce liens and take all such action as it may
deem necessary or expedient to enforce the Restrictions; provided, however, that the Board
will never be authorized to expend any Association funds for the purpose of bringing suit
against Declarant, or its successors or assigns. The Association may not alter or demolish
any Improvements on any Lot other than Common Area in enforcing these Restrictions
before a judicial order authorizing such action has been obtained by the Association, or
before the written consent of the Owner(s) of the affected Lot(s) has been obtained. EACH
SUCH OWNER AND RESIDENT WILL INDEMNIFY AND HOLD HARMLESS THE
ASSOCIATION, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM
ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION
INCURRED OR THAT MAY ARISE BY REASON OF THE ASSOCIATION'S ACTS OR
ACTIVITIES UNDER THIS SECTION 4.05(e) (INCLUDING ANY COST, EXPENSE,
LIABILITY, CLAIM OR CAUSE OF ACTION ARISING OUT OF THE ASSOCIATION'S
NEGLIGENCE IN CONNECTION THEREWITH), EXCEPT FOR SUCH COST, LOSS,
DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION ARISING BY
REASON OF THE ASSOCIATION'S GROSS NEGLIGENCE OR WILLFUL
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�.M
MISCONDUCT. "GROSSDOES •INCLUDE
CONTRIBUTORY NEGLIGENCE OR •
OF i'.
(f) mal and Accounting Services. To retain and pay for legal and
accounting services necessary or proper in the operation of the Association.
(g) Conveyances. To grant and convey to any person or entity the real
property and/or other interest, including fee title, leasehold estates, easements, rights-of-way
or mortgages, out of, in, on, over, or under any Common Area for the purpose of
constructing, erecting, operating or maintaining the following:
(i) Parks, parkways or other recreational facilities or structures;
(ii) Roads, streets, sidewalks, signs, street lights, walks, driveways, trails and
paths;
(iii) Lines, cables, wires, conduits, pipelines or other devices for utility
purposes;
(iv) Sewers, water systems, storm water drainage systems, sprinkler systems
and pipelines; and/or
(v) Any similar Improvements or facilities.
Nothing set forth above, however, will be construed to permit use or
occupancy of any Improvement or other facility in a way that would violate applicable use
and occupancy restrictions imposed by the Restrictions or by Applicable Law. In addition,
until expiration or termination of the Development Period, any grant or conveyance under
this Section 4.05(8) must be approved in advance and in writing by the Declarant.
(h) Manager. To retain and pay for the services of a person or firm (the
"Manager'), which may include Declarant or any affiliate of Declarant, to manage and
operate the Association, including its property, to the extent deemed advisable by the Board.
Personnel may be employed directly by the Association or may be furnished by the
Manager. Each contract entered into between the Association and the Manager will be
terminable by the Association without cause upon sixty (60) days written notice to the
Manager. To the extent permitted by Applicable Law, the Board may delegate any other
duties, powers and functions to the Manager. In addition, the Board may adopt transfer
fees, resale certificate fees or any other fees associated with the provision of management
services to the Association or its Members. THE MEMBERS HEREBY RELEASE THE
ASSOCIATION AND THE MEMBERS OF THE BOARD AND COMMITTEE MEMBERS
FROM LIABILITY FOR ANY OMISSION OR IMPROPER EXERCISE BY THE
MANAGER OF ANY SUCH DUTY, POWER OR FUNCTION SO DELEGATED.
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(i) Property Services. To pay for water, sewer, garbage removal, street
lights, landscaping, gardening and all other utilities, services, repair and maintenance for
any portion of the Property, Common Area, private or public recreational facilities,
easements, roads, roadways, rights -of -ways, signs, parks, parkways, median strips,
sidewalks, paths, trails, ponds, and lakes.
(j) Other Services and Properties. To obtain and pay for any other property
and services, and to pay any other taxes or assessments that the Association or the Board is
required or permitted to secure or to pay for pursuant to Applicable Law or under the terms
of the Restrictions or as determined by the Board.
(k) Construction on Common Area. To construct new Improvements or
additions to any property owned, leased, or licensed by the Association, subject to the
approval of the Board and the Declarant until expiration or termination of the Development
Period.
(1) Contracts. To enter into Bulk Rate Contracts or other contracts or licenses
with Declarant or any third party on such terms and provisions as the Board will determine,
to operate and maintain any Common Area or other property, or to provide any service,
including but not limited to cable, utility, or telecommunication services, or perform any
function on behalf of Declarant, the Board, the Association, or the Members. During the
Development Period, all Bulk Rate Contracts must be approved in advance and in writing by
the Declarant.
(m) Property Ownership. To acquire, own and dispose of all manner of real
and personal property, including habitat, whether by grant, lease, easement, gift or
otherwise. During the Development Period, all acquisitions and dispositions of the
Association hereunder must be approved in advance and in writing by the Declarant.
(n) Rules. To establish Rules governing and limiting the use of the Common
Area and any Improvements thereon.
4.06 Accegtance of Common Area. The Association may acquire, hold, and dispose
of any interest in tangible and intangible personal property and real property. Declarant and its
assignees may transfer or convey to the Association interests in real or personal property within
or for the benefit of the Property, or the Property and the general public, and the Association
will accept such transfers and conveyances. Such property may be improved or unimproved
and may consist of fee simple title, easements, leases, licenses, or other real or personal property
interests. Such property will be accepted by the Association and thereafter will be maintained
as Common Area by the Association for the benefit of the Property and/or the general public
subject to any restrictions set forth in the deed or other instrument transferring or assigning
such property to the Association. Upon Declarant's written request, the Association will re-
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convey to Declarant any unimproved real property that Declarant originally conveyed to the
Association, as determined in the sole and absolute discretion of the Declarant.
4.07 Indemnification. To the fullest extent permitted by Applicable Law but without
duplication (and subject to) any rights or benefits arising under the Certificate or Bylaws of the
Association, the Association will indemnify any person who was, or is, a party, or is threatened
to be made a party to any threatened pending or completed action, suit or proceeding, whether
civil, criminal, administrative or investigative by reason of the fact that he is, or was, a director,
officer, committee member, employee, servant or agent of the Association against expenses,
including attorneys' fees, reasonably incurred by him in connection with such action, suit or
proceeding if it is found and determined by the Board or a court of competent jurisdiction that
he or she: (i) acted in good faith and in a manner he or she reasonably believed to be in, or not
opposed to, the best interests of the Association; or (ii) with respect to any criminal action or
proceeding, had no reasonable cause to believe his or her conduct was unlawful. The
termination of any action, suit or proceeding by settlement, or upon a plea of nolo contendere or
its equivalent, will not of itself create a presumption that the person did not act in good faith or
in a manner which was reasonably believed to be in, or not opposed to, the best interests of the
Association or, with respect to any criminal action or proceeding, had reasonable cause to
believe that his or her conduct was unlawful.
4.08 Insurance. The Board may purchase and cause to be maintained, at the expense
of the Association, insurance on behalf of any person who is acting as a director, officer,
committee member, employee, servant or agent of the Association against any liability asserted
against or incurred by such person in any such capacity, or arising out of such person's status as
such, whether or not the Association would have the power to indemnify such person against
such liability or otherwise.
4.09 Bulk Rate Contracts. Without limitation on the generality of the Association
powers set out in Section 4.05 hereinabove (except that during the Development Period, all Bulk
Rate Contracts must be approved in advance and in writing by the Declarant), the Association
will have the power to enter into Bulk Rate Contracts at any time and from time to time. The
Association may enter into Bulk Rate Contracts with any service providers chosen by the Board
(including Declarant, and/or any entities in which Declarant, or the owners or partners of
Declarant are owners or participants, directly or indirectly). The Bulk Rate Contracts may be
entered into on such terms and provisions as the Board may determine in its sole and absolute
discretion. The Association may, at its option and election, add the charges payable by such
Owner under such Bulk Rate Contract to the Assessments against such Owner's Lot. In this
regard, it is agreed and understood that, if any Owner fails to pay any charges due by such
Owner under the terms of any Bulk Rate Contract, then the Association will be entitled to
collect such charges by exercising the same rights and remedies it would be entitled to exercise
under this Declaration with respect to the failure by such Owner to pay Assessments, including
without limitation the right to foreclose the lien against such Owner's Lot which is reserved
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under the terms and provisions of this Declaration. In addition, in the event of nonpayment by
any Owner of any charges due under any Bulk Rate Contract and after the lapse of at least
twelve (12) days since such charges were due, the Association may, upon five (5) days' prior
written notice to such Owner (which may run concurrently with such 12 day period), in
addition to all other rights and remedies available pursuant to Applicable Law, terminate, in
such manner as the Board deems appropriate, any utility service or other service provided at
the cost of the Association and not paid for by such Owner (or the Resident of such Owner's
Lot) directly to the applicable service or utility provider. Such notice will consist of a separate
mailing or hand delivery at least five (5) days prior to a stated date of termination, with the title
"termination notice" or similar language prominently displayed on the notice. The notice will
include the office or street address where the Owner (or the Resident of such Owner's Lot) can
make arrangements for payment of the bill and for re -connection or re -institution of service. No
utility or cable television sei vice will be disconnected on a day, or immediately preceding a day,
when personnel are not available for the purpose of collection and reconnecting such services.
4.10 Community Systems. The Association is specifically authorized to provide, or
to enter into contracts to provide Community Systems. Any such contracts may provide for
installation, operation, management, maintenance, and upgrades or modifications to the
Community Systems as the Board determines appropriate. Each Owner acknowledges that
interruptions in Community Systems and services will occur from time to time. Declarant and
the Association, or any of their respective successors or assigns shall not be liable for, and no
Community System or service user shall be entitled to refund, rebate, discount, or offset in
applicable fees for, any interruption in Community Systems and services, regardless of whether
or not such interruption is caused by reasons within the service provider's control.
4.11 Declarants Right to Contribute to Revenues of the Association. Declarant
shall have the right, but not the obligation, in its sole discretion and from time to time, to
contribute to the revenues of the Association. At the option of Declarant, such contribution may
be reflected on the books and records of' the Association as a loan, in which event it shall be
repaid by the Association to Declarant, at the discretion of Declarant. If treated as a loan, the
contribution shall accrue interest, compounded monthly, from the date it is made until the date
of its repayment, at the short term Applicable Federal Rate ("AFR" ), as published by the
Internal Revenue Service, and adjusted each month to reflect the AFR for such month.
4.12 Protection of Declarants Interests. Despite any assumption of control of the
Board by Owners other than Declarant, until the expiration or termination of the Development
Period, the Board is prohibited from taking any action which would discriminate against
Declarant, or which would be detrimental to the sale of Lots owned by Declarant. Declarant
shall be entitled to determine, in its sole and absolute discretion, whether any such action
discriminates or is detrimental to Declarant. The Board will be required to continue the same
level and quality of maintenance, operations and services as that provided immediately prior to
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.1 •
assumption of control of the Board by Owners other than Declarant until the expiration or
termination of the Development Period.
4.13 Administration of Common Area. The administration of the Common Area by
the Association shall be in accordance with the provisions of Applicable Law and the
Restrictions, and of any other agreements, documents, amendments or supplements to the
foregoing which may be duly adopted or subsequently required by any institutional or
governmental lender, purchaser, insurer or guarantor of mortgage loans (including, for
example, the Federal Home Loan Mortgage Corporation) designated by Declarant or by any
governmental or quasi -governmental agency having regulatory jurisdiction over the Common
Area or by any title insurance company selected by Declarant to insure title to any portion of
the Common Area.
4.14 Private Streets. The Association shall be obligated to maintain the Private
Streets in a good and functioning condition and in compliance with Applicable Law. The
Private Streets shall provide perpetual access to all Lots for police and other emergency
vehicles, public and private utility maintenance and service personnel, solid waste collection
services, the U.S. Postal Service, and government employees in pursuit of their official duties.
Access to the Private Streets for the persons and entities referenced in the preceding sentence
shall be reasonably provided by the Association.
4.15 Notices and Disclaimers as to Security Systems. NEITHER THE DECLARANT,
A HOMEBUILDER, NOR THE ASSOCIATION, OR THEIR SUCCESSORS OR ASSIGNS
GUARANTEE OR WARRANT, EXPRESSLY OR IMPLIEDLY, THE MERCHANTABILITY OR
FITNESS FOR USE OF ANY SUCH SECURITY SYSTEM OR SERVICES, OR THAT ANY
SYSTEM OR SERVICES WILL PREVENT INTRUSIONS NOTIFY AUTHORITIES OF FIRES OR
OTHER OCCURRENCES, OR THE CONSEQUENCES OF SUCH OCCURRENCES,
REGARDLESS OF WHETHER OR NOT THE SYSTEM OR SERVICES ARE DESIGNED TO
MONITOR SAME; AND EVERY OWNER OR RESIDENT OF PROPERTY RECEIVING
SECURITY SERVICES THROUGH THE COMMUNITY SYSTEMS ACKNOWLEDGES THAT
NEITHER THE DECLARANT, A HOMEBUILDER, NOR THE ASSOCIATION, OR ANY OR
THEIR SUCCESSORS OR ASSIGNS ARE INSURERS OF THE OWNER OR RESIDENT'S
PROPERTY OR OF THE PROPERTY OF OTHERS LOCATED ON THE LOT AND WILL NOT
BE RESPONSIBLE OR LIABLE FOR LOSSES, INJURIES OR DEATHS RESULTING FROM
SUCH OCCURRENCES. It is extremely difficult and impractical to determine the actual
damages, if any, which may proximately result from a failure on the party of a security service
provider to perform any of its obligations with respect to security services and, therefore, every
Owner or Resident of property receiving security services through the Community Systems
agrees that neither the Declarant, a Homebuilder, nor the Association, or their successors or
assigns assumes liability for loss or damage to property or for personal injury or death to
persons due to any reason, including, without limitation, failure in transmission of an alarm,
interruption of security service or failure to respond to an alarm because of: (a) any failure of
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'4"if0
the Owner's security system; (b) any defective or damaged equipment, device, line or circuit; (c)
negligence, active or otherwise, of the security service provider or its officers, agents or
employees; or (d) fire, flood, riot, war, act of God or other similar causes which are beyond the
control of the security service provider. Every Owner and Resident obtaining security services
through the Community Systems further agrees for himself, his grantees, tenants, guests,
invitees, licensees and family members that if any loss or damage should result from a failure of
performance or operation, or from defective performance or operation, or from improper
installation, monitoring or servicing of the system, or from negligence, active or otherwise, of
the security service provider or its officers, agents, or employees, the liability, if any, of the
Declarant, a Homebuilder, the Association, or their successors or assigns for loss, damage,
injury or death shall be limited to a sum not exceeding Two Hundred Fifty U.S. Dollars
($250.00), which limitation apply irrespective of the cause or origin of the loss or damage and
notwithstanding that the loss or damage results directly or indirectly from negligent
performance, active or otherwise, or non-performance by an officer, agent or employee of
Declarant, a Homebuilder, or the Association, or their successors or assigns. Further, in no
event will Declarant, a Homebuilder, the Association, or their successors or assigns be liable for
consequential damages, wrongful death, personal injury or commercial loss.
ARTICLE 5
INSURANCE
5.01 Insurance. Each Owner will be required to purchase and maintain commercially
standard insurance on the Improvements located upon such Owner's Lot. The Association will
not be required to maintain insurance on the Improvements constructed upon any Lot. The
Association may, however, obtain such insurance as it may deem necessary, including but not
limited to such policies of liability and property damage insurance as the Board, in its
discretion, may deem necessary. Insurance premiums for such policies will be a common
expense to be included in the assessments levied by the Association. The acquisition of
insurance by the Association will be without prejudice to the right and obligation of any Owner
to obtain additional individual insurance.
5.02 Restoration. In the event of any fire or other casualty, unless otherwise
approved by the ACC, the Owner will promptly repair, restore and replace any damaged or
destroyed structures to their same exterior condition existing prior to the damage or destruction
thereof. Such repair, restoration or replacement will be commenced and completed in a good
and workmanlike manner and diligently pursed to completion using exterior materials identical
to those originally used in the structures damaged or destroyed. To the extent that the Owner
fails to commence such repair, restoration or replacement of substantial or total damage or
destruction within one hundred and twenty (120) days after the occurrence of such damage or
destruction, and thereafter prosecute same to completion, or if the Owner does not clean up any
debris resulting from any damage within thirty (30) days after the occurrence of such damage,
the Association may commence, complete or effect such repair, restoration, replacement or
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clean-up, and such Owner will be personally liable to the Association for the cost of such work;
provided, however, that if the Owner is prohibited or delayed by Applicable Law from
commencing such repair, restoration, replacement or clean-up, the rights of the Association
under this provision will not arise until the expiration of thirty (30) days after such prohibition
or delay is removed. If the Owner fails to pay such cost upon demand by the Association, the
cost thereof (plus interest from the date of demand until paid at the maximum lawful rate, or if
there is no such maximum lawful rate, than at the rate of one and one-half percent (1ih%) per
month) will be added to the Assessment chargeable to the Owner's Lot. Any such amounts
added to the Assessments chargeable against a Lot will be secured by the liens reserved in the
Declaration for Assessments and may be collected by any means provided in this Declaration
for the collection of Assessments, including, but not limited to, foreclosure of such liens against
the Owner's Lot. EACH SUCH OWNER WILL INDEMNIFY AND HOLD HARMLESS THE
ASSOCIATION AND ITS OFFICERS, DIRECTORS, COMMITTEE MEMBERS,
EMPLOYEES AND AGENTS FROM ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY,
CLAIM OR CAUSE OF ACTION INCURRED OR THAT MAY ARISE BY REASON OF THE
ASSOCIATION'S ACTS OR ACTIVITIES UNDER THIS SECTION 5.02, EXCEPT FOR
SUCH COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR COST OF ACTION
ARISING BY REASON OF THE ASSOCIATION'S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT. "GROSS NEGLIGENCE" AS USED HEREIN DOES NOT INCLUDE
SIMPLE NEGLIGENCE, CONTRIBUTORY NEGLIGENCE OR SIMILAR NEGLIGENCE
SHORT OF ACTUAL GROSS NEGLIGENCE.
5.03 Mechanic's and Materialmen's Lien. Each Owner whose structure is repaired,
restored, replaced or cleaned up by the Association pursuant to the rights granted under this
Article 5, hereby grants to the Association an express mechanic's and materialmen's lien for the
reasonable cost of such repair, restoration, or replacement of the damaged or destroyed
Improvement to the extent that the cost of such repair, restoration or replacement exceeds any
insurance proceeds allocable to such repair, restoration or replacement and delivered to the
Association. Upon request by the Board, and before the commencement of any reconstruction,
repair, restoration or replacement, such Owner will execute all documents sufficient to
effectuate such mechanic's and materialmen's lien in favor of the Association.
ARTICLE 6
COVENANT FOR ASSESSMENTS
6.01 Assessments.
(a) Established by Board. Assessments established by the Board pursuant to
the provisions of this Article 6 will be levied against each Lot in amounts determined
pursuant to Section 6.08 below. The total amount of Assessments will be determined by the
Board pursuant to Section 6.03, 6.04, 6.05, 6.06 and/or 6.07.
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(b) Personal Obligation; Lien. Each Assessment, together with such interest
thereon and costs of collection as hereinafter provided, will be the personal obligation of the
Owner of the Lot against which the Assessment is levied and will be secured by a lien
hereby granted and conveyed by Declarant to the Association against each such Lot and all
Improvements thereon. The Association may enforce payment of such Assessments in
accordance with the provisions of this Article.
6.02 Maintenance Fund. The Board will establish a maintenance fund into which will
be deposited all monies paid to the Association and from which disbursements will be made in
performing the functions of the Association under this Declaration. The funds of the
Association may be used for any purpose authorized by the Restrictions and the Applicable
Law.
6.03 Regular Assessments. Prior to the beginning of each fiscal year, the Board will
estimate the expenses to be incurred by the Association during such year in performing its
functions and exercising its powers under the Restrictions, including, but not limited to, the cost
of all management, repair and maintenance, the cost of providing street and other lighting, the
cost of administering and enforcing the Restrictions, and will estimate the amount needed to
maintain a reasonable provision for contingencies and an appropriate replacement reserve, and
will give due consideration to any expected income and any surplus from the prior year's fund.
Regular Assessments sufficient to pay such estimated net expenses will then be levied at the
level set by the Board in its sole and absolute discretion, and the Board's determination will be
final and binding so long as it is made in good faith. If the sums collected prove inadequate for
any reason, including nonpayment of any Individual Assessment by any Owner, the
Association may at any time, and from time to time, levy further Regular Assessments in the
same manner. All such Regular Assessments will be due and payable to the Association at the
beginning of the fiscal year or during the fiscal year in equal monthly installments on or before
the first day of each month, or in such other manner as the Board may designate in its sole and
absolute discretion.
6.04 Working Capital Assessment. Each Owner (other than Declarant) of a Lot will
pay a one-time working capital assessment to the Association in such amount as may be
determined by the Board from time to time in its sole and absolute discretion. Such working
capital assessment need not be uniform among all Lots, and the Board is expressly authorized
to levy working capital assessments of varying amounts depending on the size, use and general
character of the Lots then being made subject to the levy. The levy of any working capital
assessment will be effective only upon the Recordation of a written notice, signed by a duly
authorized officer of the Association, setting forth the amount of the working capital assessment
and the Lots to which it applies.
Notwithstanding the foregoing provision, the following transfers will not be subject to
the working capital assessment: (i) foreclosure of a deed of trust lien, tax lien, or the
Association's assessment lien; (ii) transfer to, from, or by the Association; (iii) voluntary transfer
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by an Owner to one or more co-owners, or to the Owner's spouse, child, or parent.
Additionally, an Owner who (i) is a Homebuilder; or (ii) acquires a Lot for the purpose of resale
to a Homebuilder (a "Development Owner") will not be subject to the working capital
assessment; however, the working capital assessment will be payable by any Owner who
acquires a Lot from a Homebuilder or Development Owner for residential living purposes or by
any Owner who: (i) acquires a Lot and is not in the business of constructing single-family
residences for resale to a third party; or (ii) who acquires the Lot for any purpose other than
constructing a single-family residence thereon for resale to a third party. The working capital
assessment will be in addition to, not in lieu of, any other assessments levied in accordance with
this Article 6 and will not be considered an advance payment of such assessments. The working
capital assessment hereunder will be due and payable by the transferee to the Association
immediately upon each transfer of title to the Lot, including upon transfer of title from one
Owner of such Lot to any subsequent purchaser or transferee thereof. The Declarant during the
Development Period, and thereafter the Board, will have the power to waive the payment of
any working capital assessment attributable to a Lot (or all Lots) by the Recordation of a waiver
notice, which waiver may be temporary or permanent.
6.05 Amenity Reimbursement Fee. Each Owner who acquires a Lot from the
Declarant will pay a one-time amenity reimbursement fee to the Declarant in the amount of
$750.00 per Lot owned by such Owner. The amenity reimbursement fee will be in addition to,
not in lieu of, any other Assessments levied in accordance with this Article 6 and will not be
considered an advance payment of any such Assessments. The amenity reimbursement fee is
part of the consideration for the transfer of the Lot from Declarant to the Owner. The amenity
reimbursement fee will be due and payable to the Declarant immediately upon transfer of title
to the Lot. Declarant may the payment of any amenity reimbursement fee attributable to a Lot
by the recordation in the Official Public Records of Tarrant County, Texas, of a waiver notice
executed by the Declarant.
6.06 Special Assessments. In addition to the regular annual Assessments provided
for above, the Board may levy special Assessments whenever in the Board's opinion such
special Assessments are necessary to enable the Board to carry out the functions of the
Association under the Restrictions. The amount of any special Assessments will be at the
reasonable discretion of the Board. In addition to the special Assessments authorized above, the
Association may, in any fiscal year, levy a special Assessment applicable to that fiscal year only
for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction,
repair or replacement of a capital improvement upon the Common Area.
6.07 Individual Assessments. In addition to any other Assessments, the Board may
levy an Individual Assessment against an Owner and the Owner's Lot. Individual Assessments
may include, but are not limited to: interest, late charges, and collection costs on delinquent
Assessments; reimbursement for costs incurred in bringing an Owner or the Owner's Lot into
compliance with the Declaration; fines for violations of the Restrictions; transfer -related fees
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and resale certificate fees; fees for estoppel letters and project documents; insurance deductibles;
reimbursement for damage or waste caused by willful or negligent acts of the Owner, the
Owner's guests, invitees or Residents of the Owner's Lot; common expenses that benefit fewer
than all of the Lots, which may be assessed according to benefit received; fees or charges levied
against the Association on a per -Lot basis; and "pass through" expenses for services to Lots
provided through the Association and which are equitably paid by each Lot according to the
benefit received.
6.08 Amount of Assessment.
(a) Assessments to be Levied. The Board shall levy Assessments against each
"Assessment Unit" (as defined in Section 6.08(b) below). Unless otherwise provided in this
Declaration, Assessments levied pursuant to Section 6.03 and Section 6.06 shall be levied
uniformly against each Assessment Unit allocated to a Lot.
(b) Assessment Unit. Each Lot shall constitute one "Assessment Unit" unless
otherwise provided in Section 6.08(c) and W.
(c) Assessment Exemption. Notwithstanding anything in this Declaration to the
contrary, no Assessments shall be levied upon Lots owned by Declarant.
(d) Other Exemptions. Declarant may, in its sole discretion, elect to: (i) exempt any
un -platted or unimproved portion of the Property or any Lot from any Assessments levied
or charged pursuant to this Article 6; or (ii) delay the levy of Assessments against any un -
platted, unimproved or improved portion of the Property. Declarant or the Board may also
exempt any portion of the Property which is dedicated and accepted by public authority
from Assessments.
6.09 Late Charges. If any Assessment is not paid by the due date applicable thereto,
the Owner responsible for the payment may be required by the Board, at the Board's election at
any time and from time to time, to pay a late charge in such amount as the Board may
designate, and the late charge (and any reasonable handling costs) will be levied as an
Individual Assessment against the Lot owned by such Owner, collectible in the manner as
provided for collection of. Assessments, including foreclosure of the lien against such Lot;
provided, however, such charge will never exceed the maximum charge permitted under
Applicable Law.
6.10 Owner's Personal Obligation; Interest. Assessments levied as provided for
herein will be the personal and individual debt of the Owner of the Lot against which are levied
such Assessments. No Owner may exempt himself from liability for such Assessments. In the
event of default in the payment of any such Assessment, the Owner of the Lot will be obligated
to pay interest on the amount of the Assessment at the highest rate allowed by applicable usury
laws then in effect on the amount of the Assessment from the due date therefor (or if there is no
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such highest rate, then at the rate of one and one half percent (1 1/2%)per month), together with
all costs and expenses of collection, including reasonable attorney's fees. Such amounts will be
levied as an Individual Assessment against the Lot owned by such Owner.
6.11 Assessment Lien and Foreclosure. The payment of all sums assessed in the
manner provided in this Article is, together with late charges as provided in Section 6.09 and
interest as provided in Section 6.10 hereof and all costs of collection, including attorney's fees as
herein provided, secured by the continuing Assessment lien granted to the Association
pursuant to Section 6.01(6) above, and will bind each Lot in the hands of the Owner thereof, and
such Owner's heirs, personal representatives, successors or assigns. The aforesaid lien will be
superior to all other liens and charges against such Lot, except only for: (i) tax liens; (ii) all sums
secured by a first mortgage lien or first deed of trust lien of record, to the extent such lien
secures sums borrowed for the acquisition or improvement of the Lot in question and (iii) home
equity loans or home equity lines of credit which are secured by a second mortgage lien or
second deed of trust lien of record; provided that, in the case of subparagraphs (ii) and (iii)
above, such Mortgage was Recorded before the delinquent Assessment was due. The
Association will have the power to subordinate the aforesaid Assessment lien to any other lien.
Such power will be entirely discretionary with the Board, and such subordination may be
signed by an officer, agent, or attorney of the Association. The Association may, at its option
and without prejudice to the priority or enforceability of the Assessment lien granted
hereunder, prepare a written notice of Assessment lien setting forth the amount of the unpaid
indebtedness, the name of the Owner of the Lot covered by such lien and a description of the
Lot. Such notice may be signed by one of the officers, agents, or attorneys of the Association
and will be Recorded. Each Owner, by accepting a deed or ownership interest to a Lot subject
to this Declaration, will be deemed conclusively to have granted a power of sale to the
Association to secure and enforce the Assessment lien granted hereunder. The Assessment
liens and rights to foreclosure thereof will be in addition to and not in substitution of any other
rights and remedies the Association may have by law and under this Declaration, including the
rights of the Association to institute suit against such Owner personally obligated to pay the
Assessment and/or for foreclosure of the aforesaid lien. In any foreclosure proceeding, such
Owner will be required to pay the costs, expenses and reasonable attorney's fees incurred. The
Association will have the power to bid (in cash or by credit against the amount secured by the
lien) on the property at foreclosure or other legal sale and to acquire, hold, lease, mortgage,
convey or otherwise deal with the same. Upon the written request of any Mortgagee, the
Association will report to said Mortgagee any unpaid Assessments remaining unpaid for longer
than sixty (60) days after the same are due. The lien hereunder will not be affected by the sale
or transfer of any Lot, except, however, that in the event of foreclosure of any lien superior to
the Assessment lien, the lien for any Assessments that were due and payable before the
foreclosure sale will be extinguished, provided that past -due Assessments will be paid out of
the proceeds of such foreclosure sale only to the extent that funds are available after the
satisfaction of the indebtedness secured by the Mortgage. The provisions of the preceding
sentence will not, however, relieve any subsequent Owner (including any Mortgagee or other
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purchaser at a foreclosure sale) from paying Assessments becoming due and payable after the
foreclosure sale. Upon payment of all sums secured by a lien of the type described in this
Section 6. 11, the Association will upon the request of the Owner execute a release of lien relating
to any lien for which written notice has been Recorded as provided above, except in
circumstances in which the Association has already foreclosed such lien. Such release will be
signed by an officer, agent, or attorney of the Association. In addition to the lien hereby
retained, in the event of nonpayment by any Owner of any Assessment and after the lapse of at
least twelve (12) days since such payment was due, the Association may, upon five (5) days'
prior written notice (which may run concurrently with such twelve (12) day period) to such
Owner, in addition to all other rights and remedies available pursuant to Applicable Law,
terminate, in such manner as the Board deems appropriate, any utility or cable service provided
through the Association and not paid for directly by a Owner or Resident to the utility provider.
Such notice will consist of a separate mailing or hand delivery at least five (5) days prior to a
stated date of disconnection, with the title "termination notice" or similar language prominently
displayed on the notice. The notice will include the office or street address where the Owner or
the Resident of the Owner's Lot can make arrangements for payment of the bill and for
reconnection of service. Utility or cable service will not be disconnected on a day, or
immediately preceding a day, when personnel are not available for the purpose of collection
and reconnecting such services. Except as otherwise provided by Applicable Law, the sale or
transfer of a Lot will not relieve the Owner of such Lot or such Owner's transferee from liability
for any Assessments thereafter becoming due or from the lien associated therewith. If an
Owner conveys its Lot and on the date of such conveyance Assessments against the Lot remain
unpaid, or said Owner owes other sums or fees under this Declaration to the Association, the
Owner will pay such amounts to the Association out of the sales price of the Lot, and such sums
will be paid in preference to any other charges against the Lot other than liens superior to the
Assessment lien and charges in favor of the State of Texas or a political subdivision thereof for
taxes on the Lot which are due and unpaid. The Owner conveying such Lot will remain
personally liable for all such sums until the same are fully paid, regardless of whether the
transferee of the Lot also assumes the obligation to pay such amounts. The Board may adopt an
administrative transfer fee to cover the expenses associated with updating the Association's
records upon the transfer of a Lot to a third party; provided, however, that no transfer fee will
be due upon the transfer of a Lot from Declarant to a third party.
Yes, the Association can foreclose on your Lot!
If you fail to pay assessments to the Association, you may lose title to your Lot if the
Association forecloses its assessment lien.
6.12 Exempt Property. The following area within the Property will be exempt from
the Assessments provided for in this Article:
(a) All area dedicated and accepted by a public authority;
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(b) The Common Area; and
(c) Any portion of the Property owned by Declarant.
6.13 Fines and Damages Assessment.
(a) Board Assessment. The Board may assess fines against an Owner for violations
of the Restrictions which have been committed by an Owner, a Resident, or the Owner or
Residents guests, agents or invitees. Any fine and/or charge for damage levied in
accordance with this Section 6.23 will be considered an Individual Assessment pursuant to
this Declaration. Each day of violation may be considered a separate violation if the
violation continues after written notice to the Owner. The Board may assess damage charges
against an Owner for pecuniary loss to the Association from property damage or destruction
of Common Area or any facilities located by the Owner, Resident, or their guests, agents, or
invitees. The Manager will have authority to send notices to alleged violators, informing
them of their violations and asking them to comply with the Rules and/or informing them of
potential or probable fines or damage assessments. The Board may from time to time adopt
a schedule of fines.
(b) Procedure. The procedure for assessment of fines and damage charges will be as
follows:
(i) the Association, acting through an officer, Board member or Manager,
must give the Owner notice of the fine or damage charge not later than
thirty (30) days after the assessment of the fine or damage charge by the
Board;
(ii) the notice of the fine or damage charge must describe the violation or
damage;
(iii) the notice of the fine or damage charge must state the amount of the fine
or damage charge;
(iv) the notice of a fine or damage charge must state that the Owner will have
thirty (30) days from the date of the notice to request a hearing before the
Board to contest the fine or damage charge, and
(v) the notice of a fine must allow the Owner a reasonable time, by a
specified date, to cure the violation (if the violation is capable of being
remedied) and avoid the fine unless the Owner was given notice and a
reasonable opportunity to cure a similar violation within the preceding
six (6) months.
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(c) Due Date. Fine and/or damage charges are due immediately after the expiration
of the thirty (30) day period for requesting a hearing. If a hearing is requested, such fines or
damage charges will be due immediately after the Board's decision at such hearing,
assuming that a fine or damage charge of some amount is confirmed by the Board at such
hearing.
(d) Lien Created. The payment of each fine and/or damage charge levied by the
Board against the Owner of a Lot is, together with interest as provided in Section 6.10 hereof
and all costs of collection, including attorney's fees as herein provided, secured by the lien
granted to the Association pursuant to Section 6.01(b) of this Declaration. Unless otherwise
provided in this Section 6.13, the fine and/or damage charge will be considered an
Assessment for the purpose of this Article, and will be enforced in accordance with the terms
and provisions governing the enforcement of assessments pursuant to this Article 6.
ARTICLE 7
JILICYITECTUILAL COVITOL C•LILA
Until Declarant and/or the Town Manager delegate their right to appoint and remove all
members of the ACC to the Board as provided in Section 7.02(x) below, the ACC will be acting
solely in Declarant's and the Town Manager's, as applicable, interest and will owe no duty to
any other Owner or the Association.
7.01 Construction of Improvements. No Improvement may be erected, placed,
constructed, painted, altered, modified or remodeled on any Lot, and no Lot may be
re -subdivided or consolidated with other Lots or Property, by anyone other than Declarant
without the prior written approval of the ACC.
7.02 Architectural Control Committee.
(a) Composition. The ACC will be composed at least three (3) persons (who
need not be Members or Owners) appointed as provided below, who will review
Improvements proposed to be made by any Owner other than Declarant. Declarant will
have the right to appoint and remove (with or without cause) two (2) members of the ACC
and the Town Manager will have the right to appoint and remove (with or without cause)
one (1) member of the ACC. Declarant and the Town Manager may assign their right to
appoint members of the ACC to the Association by Recorded written instrument, and
thereafter, the Board will have the right to appoint and remove (with or without cause) the
members of the ACC. Any assignment by Declarant of the right to appoint and remove two
(2) members of the ACC may be withdrawn until expiration of twelve (12) months after the
expiration of the Development Period. If Declarant withdraws its assignment of the right to
appoint and remove two (2) members of the ACC, then on the date of such withdrawal,
Declarant will have the right to appoint and remove (with or without cause) two (2)
members of the ACC. Declarant's right to appoint two (2) members of the ACC will
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automatically be assigned to the Association upon the expiration of twelve (12) months after
the expiration of the Development Period. The Town Manager will have the right to appoint
and remove one (1) member of the ACC until the Town Manager assigns such right to the
Board. Declarant and the Town Manager, jointly, may create and assign specific duties and
responsibilities to one or more sub -committees consisting of members and/or nonmembers
of the ACC. In the event responsibilities and duties are assigned to a sub -committee, those
responsibilities and duties will no longer be discharged by the ACC unless the sub-
committee exercising such duties and responsibilities is dissolved by Declarant and the
Town Manager. The right to create, dissolve, and appoint members of such sub -committees
will reside exclusively with Declarant and the Town Manager until such time as Declarant or
the Town Manager, as applicable, assign their rights to appoint members of the ACC to the
Association. The ACC will have the right to employ consultants and advisors as it deems
necessary or appropriate.
(b) Submission and Approval of Plans and Specifications. Construction
plans and specifications or, when an Owner desires solely to re -subdivide or consolidate
Lots, a proposal for such re -subdivision or consolidation, will be submitted in accordance
with the Design Guidelines or any additional rules adopted by the ACC together with any
review fee which is imposed by the ACC in accordance with Section 7.02(c) to the ACC, at
such address as may hereafter be designated in writing from time to time. No re -subdivision
or consolidation will be made, nor any Improvement placed or allowed on any Lot, until the
plans and specifications thereof have been approved in writing by a Majority of the members
of the ACC. The ACC may, in reviewing such plans and specifications consider any
information that it deems proper; including, without limitation, any permits, environmental
impact statements or percolation tests that may be required by the ACC or any other entity;
and harmony of external design and location in relation to surrounding structures,
topography, vegetation, and finished grade elevation. The ACC may postpone its review of
any plans and specifications submitted for approval pending receipt of any information or
material which the ACC, in its sole discretion, may require. Site plans must be approved by
the ACC prior to the clearing of any Lot, or the construction of any Improvements. The ACC
may refuse to approve plans and specifications for proposed Improvements, or for the
re -subdivision or consolidation of any Lot on any grounds that, in the sole and absolute
discretion of the ACC, are deemed sufficient, including, but not limited to, purely aesthetic
grounds.
Notwithstanding any provision to the contrary in the Declaration, the ACC may issue an
approval to Homebuilders for the construction of Improvements based on the review and
approval of plan types and adopt a procedure which differs from the procedures for review
and approval of Improvements set forth in this Declaration.
(c) Design Guidelines. Declarant may adopt the initial Design Guidelines.
The Majority of the ACC, including the member of the ACC appointed by the Town
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Manager (unless the Town Manager has assigned its right to appoint a member of the ACC
to the Association when, in such event, a Majority of the ACC) will have the power from
time, to adopt (unless previously adopted by Declarant), amend, modify, or supplement the
Design Guidelines. In the event of any conflict between the terms and provisions of the
Design Guidelines and the terms and provisions of this Declaration, the terms and
provisions of this Declaration will control. In addition, the ACC will have the power and
authority to impose a fee for the review of plans, specifications and other documents and
information submitted to it pursuant to the terms of this Declaration. Such charges will be
held by the ACC and used to defray the administrative expenses incurred by the ACC in
performing its duties hereunder; provided, however, that any excess funds held by the ACC
will be distributed to the Association at the end of each calendar year. The ACC will not be
required to review any plans until a complete submittal package, as required by this
Declaration and the Design Guidelines, is assembled and submitted to the ACC. The ACC
will have the authority to adopt such additional procedural and substantive rules and
guidelines (including, without limitation, the imposition of any requirements for certificates
of compliance or completion relating to any Improvement and the right to approve in
advance any contractor selected for the construction of Improvements), not in conflict with
this Declaration, as it may deem necessary or appropriate in connection with the
performance of its duties hereunder.
(d) Actions of the ACC. The ACC may, by resolution unanimously adopted
in writing, designate one or more of its members, or an agent acting on its behalf, to take any
action or perform any duties for and on behalf of the ACC, except the granting of variances.
In the absence of such designation, the vote of a Majority of all of the members of the ACC
taken at a duly constituted meeting will constitute an act of the ACC.
(e) Failure to Act. In the event that any plans and specifications are
submitted to the ACC as provided herein, and the ACC fails either to approve or reject such
plans and specifications for a period of sixty (60) days following such submission, rejection
of such plans and specifications by the ACC will be presumed. In furtherance, and not in
limitation, of the foregoing, any failure of the ACC to act upon a request for a variance will
not be deemed a consent to such variance, and the ACC's written approval of all requests for
variances will be expressly required.
(f) Variances. The ACC may grant variances from compliance with any of
the provisions of the Design Guidelines or this Declaration, when, in the opinion of the ACC,
in its sole and absolute discretion, such variance is justified. All variances must be
evidenced in writing and must be signed by at least a Majority of the members of the ACC,
including the member of the ACC appointed by the Town Manager (unless the Town
Manager has assigned its right to appoint a member of the ACC to the Association when, in
such event, a Majority of the ACC may approve variances). Each variance must also be
Recorded; provided however, that failure to record a variance will not affect the validity
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thereof or give rise to any claim or cause of action against the ACC, including the Declarant
or its designee, the Town Manager or its designee, the Association, or the Board. If a
variance is granted, no violation of the covenants, conditions, or restrictions contained in this
Declaration or the Design Guidelines will be deemed to have occurred with respect to the
matter for which the variance was granted. The granting of such variance will not operate to
waive or amend any of the terms and provisions of this Declaration or the Design Guidelines
for any purpose except as to the particular property and in the particular instance covered by
the variance, and such variance will not be considered to establish a precedent for any future
waiver, modification, or amendment of the terms and provisions of this Declaration or the
Design Guidelines.
(g) Duration of Approval. Unless otherwise directed by the ACC, the
approval of the ACC of any plans and specifications, and any variances granted by the ACC,
will be valid for a period of one hundred and eighty (180) days only. If construction in
accordance with such plans and specifications or variance is not commenced within such one
hundred and eighty (180) day period and diligently prosecuted to completion, the Owner
will be required to resubmit such plans and specifications or request for a variance to the
ACC, and the ACC will have the authority to re-evaluate such plans and specifications in
accordance with this Section 7.02(g) and may, in addition, consider any change in
circumstances which may have occurred since the time of the original approval.
(h) No Waiver of Future Approvals. The approval of the ACC to any plans
or specifications for any work done or proposed in connection with any matter requiring the
approval or consent of the ACC will not be deemed to constitute a waiver of any right to
withhold approval or consent as to any plans and specifications on any other matter,
subsequently or additionally submitted for approval by the same or a different person, nor
will such approval or consent be deemed to establish a precedent for future approvals by the
ACC.
(i) Non -Liability of Committee Members. NEITHER DECLARANT, THE
TOWN MANAGER, THE ACC, NOR ANY PARTNER, EMPLOYEE, DIRECTOR,
OFFICER, COMMITTEE MEMBER, OR AGENT WILL BE LIABLE TO ANY OWNER OR
TO ANY OTHER PERSON FOR ANY LOSS, DAMAGE OR INJURY ARISING OUT OF
THE PERFORMANCE OF THE ACC'S DUTIES UNDER THIS DECLARATION.
ARTICLE 8
•6 U&J14wilitAll
The following provisions are for the benefit of holders, insurers and guarantors of first
Mortgages on Lots within the Property. The provisions of this Article apply to the Declaration
and the Bylaws of the Association.
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8.01 Notice of Action. An institutional holder, insurer, or guarantor of a first
Mortgage which provides a written request to the Association (such request to state the name
and address of such holder, insurer, or guarantor and the street address of the Lot to which its
Mortgage relates (thereby 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 an Eligible Mortgage held,
insured, or guaranteed by such Eligible Mortgage Holder; or
(b) Any delinquency in the payment of assessments or charges owed for a
Lot subject to the Mortgage of such Eligible Mortgage Holder, where such delinquency has
continued for a period of sixty (60) days, or any other violation of the Restrictions relating to
such Lot or the Owner or Resident which is not cured within sixty (60) days; or
(c) Any lapse, cancellation, or material modification of any insurance policy
maintained by the Association.
8.02 Examination of Books. The Association will permit Mortgagees to examine the
books and records of the Association during normal business hours.
8.03 Taxes, Assessments and Charges. All taxes, assessments and charges that may
become liens prior to first lien mortgages under Applicable Law will relate only to the
individual Lots and not to any other portion of the Property.
ARTICLE 9
C' EVEIAL FV *VISIAWS
9.01 Term. The terms, covenants, conditions, restrictions, easements, charges, and
liens set out in this Declaration will run with and bind the Property, and will inure to the benefit
of and be enforceable by the Association, and every Owner, including Declarant, and their
respective legal representatives, heirs, successors, and assigns, for a term beginning on the date
this Declaration is Recorded, and continuing through and including January 1, 2067, after which
time this Declaration will be automatically extended for successive periods of ten (10) years
unless a change (the word "change" meaning a termination, or change of term or renewal term)
is approved in a resolution adopted by Members entitled to cast at least sixty-seven percent
(67%) of the total number of votes of the Association, voting in person or by proxy at a meeting
duly called for such purpose, written notice of which will be given to all Members at least thirty
(30) days in advance and will set forth the purpose of such meeting; provided, however, that
such change will be effective only upon the Recording of a certified copy of such resolution.
Notwithstanding any provision in this Section 9.01 to the contrary, if any provision of this
Declaration would be unlawful, void, or voidable by reason of any Applicable Law restricting
the period of time that covenants on land may be enforced, such provision will expire (twenty
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i MP111
one) 21 years after the death of the last survivor of the now living descendants of Elizabeth II,
Queen of England.
9.02 Eminent Romain. In the event it becomes necessary for any public authority to
acquire all or any part of the Common Area for any public purpose during the period this
Declaration is in effect, the Board is hereby authorized to negotiate with such public authority
for such acquisition and to execute instruments necessary for that purpose. Should acquisitions
by eminent domain become necessary, only the Board need be made a party, and in any event
the proceeds received will be held by the Association for the benefit of the Owners. In the event
any proceeds attributable to acquisition of Common Area are paid to Owners, such payments
will be allocated on the basis of Assessment Units and paid jointly to the Owners and the
holders of Mortgages or deeds of trust on the respective Lot.
9.03 Amendment. This Declaration may be amended or terminated by the Recording
of an instrument executed and acknowledged by: (i) Declarant acting alone; or (ii) by the
president and secretary of the Association setting forth the amendment and certifying that such
amendment has been approved by Declarant (until expiration or termination of. the
Development Period) and Members entitled to cast at least sixty-seven percent (67%) of the
number of votes entitled to be cast by members of the Association. Notwithstanding the
foregoing, any amendment which would remove the Town Manager's right to appoint and
remove members of the ACC or otherwise affect the Town's rights under this Declaration must
be approved by the written consent of the Town. No amendment will be effective without the
written consent of Declarant, its successors or assigns, during the Development Period.
Specifically, and not by way of limitation, Declarant may unilaterally amend this Declaration: (i)
to bring any provision into compliance with Applicable Law; (ii) to enable any reputable title
insurance company to issue title insurance coverage on any Lot; (iii) to enable any institutional
or governmental lender, purchaser, insurer or guarantor of mortgage loans, including, for
example, the Federal Home Loan Mortgage Corporation, to make, purchase, insure or
guarantee mortgage loans on Lots; or (iv) to comply with any requirements promulgated by a
local, state or governmental agency, including, for example, the Department of Housing and
Urban Development.
9.04 Conceptual Plans. All master plans, site plans, brochures, illustrations,
information and marketing materials relating to the Property (collectively, the "Conceptual
Plans") are conceptual in nature and are intended to be used for illustrative purposes only. The
land uses and Improvements reflected on the Conceptual Plans are subject to change at any
time and from time to time, and it is expressly agreed and understood that land uses within the
Property may include uses which are not shown on the Conceptual Plans. Neither Declarant
nor any Homebuilder or other developer of any portion of the Property makes any
representation or warranty concerning such land uses and Improvements shown on the
Conceptual Plans or otherwise planned for the Property and it is expressly agreed and
understood that no Owner will be entitled to rely upon the Conceptual Plans in making the
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decision to purchase any land or Improvements within the Property. Each Owner who acquires
a. Lot within the Property acknowledges that development of the Property will likely extend
over many years, and agrees that the Association will not engage in, or use Association funds to
support, protest, challenge, or make any other form of objection to development of the Property
or changes in the Conceptual Plans as they may be amended or modified from time to time.
9.05 Party Wall Fences. A fence or wall located on or near the dividing line between
two (2) Lots and intended to benefit both Lots constitutes a "Party Wall" and, to the extent not
inconsistent with the provisions of this Section 9.05, is subject to the general rules of law
regarding party walls and liability for property damage due to negligence, willful acts, or
omissions.
(a) Encroachments & Easement. If the Party Wall is on one Lot due to an error in
construction, the Party Wall is nevertheless deemed to be on the dividing line for purposes
of this Section 9.05. Each Lot sharing a Party Wall is subject to an easement for the existence
and continuance of any encroachment by the Party Wall as a result of construction, repair,
shifting, settlement, or movement in any portion of the Party Wall, so that the encroachment
may remain undisturbed as long as the Party Wall stands. Each Lot is subject to a reciprocal
easement for the maintenance, repair, replacement, or reconstruction of the Party Wall.
(b) Right to Repair. If the Party Wall is damaged or destroyed from any cause, the
Owner of either Lot may repair or rebuild the Party Wall to its previous condition, and the
Owners of both Lots, their successors and assigns, have the right to the full use of the
repaired or rebuilt Party Wall.
(c) Maintenance Costs. The Owners of the adjoining Lots share equally the costs of
repair, reconstruction, or replacement of the Party Wall, subject to the right of one Owner to
call for larger contribution from the other under any rule of law regarding liability for
negligence or willful acts or omissions. If an Owner is responsible for damage to or
destruction of the Party Wall, that Owner will bear the entire cost of repair,
reconstruction, or replacement. If an Owner fails or refuses to pay his share of costs of
repair or replacement of the Party Wall, the Owner advancing monies has a right to file a
claim of lien for the monies advanced in the Official Public Records of Tarrant County,
Texas, and has the right to foreclose the lien as if it were a mechanic's lien. The right of
an Owner to require contribution from another Owner under this Section 9.05 is
appurtenant to the Lot and passes to the Owner's successors in title.
(d) Alterations. The Owner of a Lot sharing a Party Wall may not cut openings in
the Party Wall or alter or change the Party Wall in any manner that affects the use, condition,
or appearance of the Party Wall to the adjoining Lot. The Party Wall will always remain in
the same location as when erected unless otherwise approved by the Owner of each Lot
sharing the Party Wall and the ACC.
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AL3
9.06 Enforcement. The Association and the Declarant will have the right to enforce,
by a proceeding at law or in equity, the Restrictions. Failure to enforce any right, provision,
covenant, or condition set forth in the Restrictions will not constitute a waiver of the right to
enforce such right, provision, covenants or condition in the future.
9.07 Higher Authority_. The terms and provisions of this Declaration are subordinate
to Applicable Law. Generally, the terms and provisions of this Declaration are enforceable to
the extent they do not violate or conflict with Applicable Law.
9.08 Severability. If any provision of this Declaration is held to be invalid by any
court of competent jurisdiction, such invalidity will not affect the validity of any other provision
of this Declaration, or, to the extent permitted by Applicable Law, the validity of such provision
as applied to any other person or entity.
9.09 Conflicts. If there is any conflict between the provisions of this Declaration, the
Certificate, the Bylaws, or any Rules adopted pursuant to the terms of such documents, the
provisions of this Declaration, the Certificate, the Bylaws, and the Rules, in such order, will
govern.
9.10 Gender. Whenever the context so requires, all words herein in the male gender
will be deemed to include the female or neuter gender, all singular words will include the
plural, and all plural words will include the singular.
9.11 Acceptance by Grantees. Each grantee of Declarant of a Lot or other real
property interest in the Property, by the acceptance of a deed of conveyance, or each subsequent
purchaser, accepts the same subject to all terms, restrictions, conditions, covenants, reservations,
easements, liens and charges, and the jurisdiction rights and powers created or reserved by this
Declaration or to whom this Declaration is subject, and all rights, benefits and privileges of
every character hereby granted, created, reserved or declared. Furthermore, each grantee
agrees that no assignee or successor to Declarant hereunder will have any liability for any act or
omission of Declarant which occurred prior to the effective date of any such succession or
assignment. All impositions and obligations hereby imposed will constitute covenants running
with the land within the Property, and will bind any person having at any time any interest or
estate in the Property, and will inure to the benefit of each Owner in like manner as though the
provisions of this Declaration were recited and stipulated at length in each and every deed of
conveyance.
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9.12 Damaee and Destruction.
(a) Claims. Promptly after damage or destruction by fire or other casualty to
all or any part of the Common Area covered by insurance, the Board, or its duly authorized
agent, will proceed with the filing and adjustment of all claims arising under such insurance
and obtain reliable and detailed estimates of the cost of repair of the damage. Repair, as
used in this Section 9.11(a), means repairing or restoring the Common Area to substantially
the same condition as existed prior to the fire or other casualty.
(b) Repair Obligations. Any damage to or destruction of the Common Area
will be repaired unless a Majority of the Board decides within sixty (60) days after the
casualty not to repair. 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 both, are not made available to the Association within said period, then the
period will be extended until such information will be made available.
(c) Restoration. In the event that it should be determined by the Board that
the damage or destruction of the Common Area will not be repaired and no alternative
Improvements are authorized, then the affected portion of the Common Area will be
restored to its natural state and maintained as an undeveloped portion of the Common Area
by the Association in a neat and attractive condition.
(d) Special Assessment. If insurance proceeds are paid to restore or repair
any damaged or destroyed Common Area, and such proceeds are not sufficient to defray the
cost of such repair or restoration, the Board will levy a Special Assessment, as provided in
Article 6, against all Owners. Additional Assessments may be made in like manner at any
time during or following the completion of any repair.
(e) Proceeds Payable to Owners. In the event that any proceeds of insurance
policies are paid to Owners as a result of any damage or destruction to any Common Area,
such payments will be allocated based on Assessment Units and paid jointly to the Owners
and the holders of Mortgages or deeds of trust on their Lots.
9.13 No Partition. Except as may be permitted in this Declaration or amendments
thereto, no physical partition of the Common Area or any part will be permitted, nor will any
person acquiring any interest in the Property or any part seek any such judicial partition unless
the Property in question has been removed from the provisions of this Declaration pursuant to
Section 11.04 below. This Section 9.13 will not be construed to prohibit the Board from acquiring
and disposing of tangible personal property or from acquiring title to real property that may or
may not be subject to this Declaration.
9.14 Notices. Any notice permitted or required to be given to any person by this
Declaration will be in writing and may be delivered either personally or by mail, or as
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otherwise required by Applicable Law. If delivery is made by mail, it will be deemed to have
been delivered on the third (3rd) day (other than a Sunday or legal holiday) after a copy of the
same has been deposited in the United States mail, postage prepaid, addressed to the person at
the address given by such person to the Association for the purpose of service of notices. Such
address may be changed from time to time by notice in writing given by such person to the
Association.
9.15 View Impairment. Neither Declarant nor the Association guarantee or represent
that any view over and across the Lots, or any open space or Common Area within the Property
will be preserved without impairment. Neither. the Declarant, the ACC, and the Association
shall have no obligation to relocate, prune, or thin trees or other landscaping. The Association
(with respect to any Common Area) will have the right to add trees and other landscaping from
time to time, subject to Applicable Law. There shall be no express or implied easements for
view purposes or for the passage of light and air.
9.16 Safety and Security. Each Owner and Resident of a Lot, and their respective
guests and invitees, shall be responsible for their own personal safety and the security of their
property within the Property. The Association may, but shall not be obligated to, maintain or
support certain activities within the Property designed to promote or enhance the level of safety
or security which each person provides for himself or herself and his or her property. However,
neither the Association nor Declarant shall in any way be considered insurers or guarantors of
safety or security within the Property, nor shall either be held liable for any loss or damage by
reason of failure to provide adequate securiq or ineffectiveness of security measures
undertaken.
ARTICLE 10
EASEMENTS
10.01 Right of Ingress and Egress. Declarant, its agents, employees and designees will
have a right of ingress and egress over and the right of access to the Common Area to the extent
necessary to use the Common Area and the right to such other temporary uses of the Common
Area as may be required or reasonably desirable (as determined by Declarant in its sole
discretion) in connection with the construction and development of the Property. The Property
shall be subject to a perpetual non-exclusive easement for the installation and maintenance,
including the right to read meters, service or repair lines and equipment, and to do everything
and anything necessary to properly maintain and furnish the Community Systems and the
facilities pertinent and necessary to the same, which easement shall run in favor of Declarant.
Declarant shall have the right, but not the obligation, to install and provide the Community
Systems and to provide the services available through the Community Systems to any and all
Lots within the Property. Neither the Association nor any Owner shall have any interest
therein. Any or all of such services may be provided either directly through the Association
and paid for as part of the Assessments or directly to Declarant, any affiliate of Declarant, or a
third party, by the Owner who receives the services. The Community Systems shall be the
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Exhibit
property of Declarant unless transferred by Declarant, whereupon any proceeds of such transfer
shall belong to Declarant. Declarant shall have the right but not the obligation to convey,
transfer, sell or assign all or any portion of the Community Systems or all or any portion of the
rights, duties or obligations with respect thereto, to the Association or to any Person. The rights
of. Declarant with respect to the Community Systems installed by Declarant and the services
provided through such Community Systems are exclusive, and no other Person may provide
such services through the Community Systems installed by Declarant without the prior written
consent of Declarant. In recognition of the fact that interruptions in Community Systems
services will occur from time to time, no person or entity described above shall in any manner
be liable, and no user of any Community System shall be entitled to any refund, rebate,
discount or offset in applicable fees, for any interruption in Community Systems services,
regardless of whether or not same is caused by reasons within the control of the then -provider
of such services.
10.02 Reserved Easements. All dedications, limitations, restrictions and reservations
shown on any Plat and all grants and dedications of easements, rights-of-way, restrictions and
related rights made by Declarant prior to the Property becoming subject to this Declaration are
incorporated herein by reference and made a part of this Declaration for all purposes as if fully
set forth herein, and will be construed as being adopted in each and every contract, deed or
conveyance executed or to be executed by or on behalf of Declarant. Declarant reserves the
right to relocate, make changes in, and additions to said easements, rights-of-way, dedications,
limitations, reservations and grants for the purpose of most efficiently and economically
developing the Property.
10.03 Utility Easements. Declarant hereby reserves unto itself and Declarant's
successors and assigns a perpetual non-exclusive easement over and across the Property for: (i)
the installation, operation and maintenance of utilities and associated infrastructure to serve
the Property and any other property owned by Declarant; (ii) the installation, operation and
maintenance of cable lines and associated infrastructure for sending and receiving data and/or
other electronic signals, security and similar services to serve the Property and any other
property owned by Declarant; and (iii) the installation, operation and maintenance of,
roadways, gates, walkways, pathways and trails, drainage systems, street lights and signage to
serve the Property and any other property owned by Declarant. Declarant will be entitled to
unilaterally assign the easements reserved hereunder to any third party who owns, operates or
maintains the facilities and Improvements described in (i) through (iii) of this Section 10.03. The
exercise of the easement reserved herein will not extend to permitting entry into any residence,
nor will it unreasonably interfere with the use of any Lot or residence or Improvement
constructed thereon.
10.04 Roadway_ and Utility Easements. Declarant reserves the right to create, locate,
relocate, construct, erect, and maintain or cause to be created, located, relocated, constructed,
erected, and maintained in and on any portion of the Property then owned by Declarant or any
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streets maintained by the Association, or areas conveyed to the Association, or areas reserved or
held as Common Area, roadways, sewer lines, water lines, electrical lines and conduits, and
other pipelines, conduits, wires, and any public utility function beneath or above the surface of
the ground with the right of access to the same at any time for the purposes of repair and
maintenance.
10.05 Subdivision Entry and Fencing Easement. Declarant reserves for itself and the
Association, an easement over and across the Property for the installation, maintenance, repair
or replacement of certain subdivision entry facilities and fencing which serves the Property.
Declarant will have the right, from time to time, to Record a written notice which identifies the
subdivision entry facilities fencing to which the easement reserved hereunder applies.
Declarant may designate all or any portion of the subdivision entry facilities and/or fencing as
Common Area by Recorded written notice. The exercise of the easements reserved hereunder
will not extend to permitting entry into any residence, nor will it unreasonably interfere with
the use of any Lot or residence or Improvement constructed thereon.
10.06 Landscape, Monumentation and Signage Easement. Declarant hereby
reserves an easement over and across the Property for the installation, maintenance, repair or
replacement of landscaping, monumentation and signage which serve the Property and any
other property owned by Declarant. Declarant will have the right, from time to time, to Record
a written notice which identifies the landscaping, monumentation, or signage to which the
easement reserved hereunder applies. Declarant may designate all or any portion of the
landscaping, monumentation, or signage easement as Common Area.
10.07 Declarant as Attorney in Fact. To secure and facilitate Declarant's exercise of the
rights reserved by Declarant pursuant to the terms and provisions of this Declaration, each
Owner, by accepting a deed to a Lot and each Mortgagee, by accepting the benefits of a
Mortgage against a Lot, and any other third party by acceptance of the benefits of a mortgage,
deed of trust, mechanic's lien contract, mechanic's lien claim, vendor's lien and/or any other
security interest against any Lot, will thereby be deemed to have appointed Declarant such
Owner's, Mortgagee's, and third party's irrevocable attorney-in-fact, with full power of
substitution, to do and perform, each and every act permitted or required to be performed by
Declarant pursuant to the terms of this Declaration. The power thereby vested in Declarant as
attorney-in-fact for each Owner, Mortgagee and/or third party, will be deemed, conclusively, to
be coupled with an interest and will survive the dissolution, termination, insolvency,
bankruptcy, incompetency and death of an Owner, Mortgagee and/or third party and will be
binding upon the legal representatives, administrators, executors, successors, heirs and assigns
of each such party. The aforesaid power shall be vested in Declarant, its successors and assigns,
for a period of twenty-five (25) years from the date the first Lot is conveyed to an individual
purchaser, or until the expiration or termination of the Development Period, whichever occurs
first. Declarant hereby reserves for itself, its successors and assigns the right to execute on
behalf of each Owner, Mortgagee, and third party claiming a legal or equitable interest in the
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W
Common Area, any such agreements, documents, amendments or supplements to the
Restrictions which may be required by any institutional or governmental lender, purchaser,
insurer or guarantor of mortgage loans (including, for example, the Federal Home Loan
Mortgage Corporation) designated by Declarant or by any governmental or quasi -governmental
agency having regulatory jurisdiction over the Common Area or by any title insurance
company selected by Declarant to insure title to any portion of the Common Area.
ARTICLE 11
DEVELOPMENT RIGHTS
11.01 Development by Declarant. It is contemplated that the Property will be
developed pursuant to a plan, which may, from time to time, be amended or modified.
Declarant reserves the right, but will not be obligated, to create and/or designate Lots and
Common Areas and to subdivide with respect to any of the Property pursuant to the terms of
this Section 11.01, subject to any limitations imposed on portions of the Property by any
applicable Plat. These rights may be exercised with respect to any portions of the Property. As
each area is developed or dedicated, Declarant may designate the use, classification and such
additional covenants, conditions and restrictions as Declarant may deem appropriate for that
area.
11.02 Special Declarant Rights. Notwithstanding any provision of this Declaration to
the contrary, at all times, Declarant will have the right and privilege: (i) to erect and maintain
advertising signs (illuminated or non -illuminated), sales flags, other sales devices and banners
for the purpose of aiding the sale of Lots in the Property; (ii) to maintain Improvements upon
Lots as sales, model, management, business and construction offices; and (iii) to maintain and
locate construction trailers and construction tools and equipment within the Property. The
construction, placement or maintenance of Improvements by Declarant will not be considered a
nuisance, and Declarant hereby reserves the right and privilege for itself to conduct the
activities enumerated in this Section 11.02 until two (2) years after expiration or termination of
the Development Period.
11.03 Addition of Land. Declarant may, at any time and from time to time, add
additional lands to the Property. Upon the filing of a notice of addition of land, such land will
be considered part of the Property for purposes of this Declaration, and such added lands will
be considered part of the Property subject to this Declaration and the terms, covenants,
conditions, restrictions and obligations set forth in this Declaration, and the rights, privileges,
duties and liabilities of the persons subject to this Declaration will be the same with respect to
such added land as with respect to the lands originally covered by this Declaration. To add
lands to the Property, Declarant will be required only to Record a notice of addition of land
containing the following provisions:
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(a) A reference to this Declaration, which reference will state the document
number or volume and initial page number of the Official Public Records of Tarrant County
wherein this Declaration is Recorded;
(b) A statement that such land will be considered Property for purposes of
this Declaration, and that all of the terms, covenants, conditions, restrictions and obligations
of this Declaration will apply to the added land; and
(c) A legal description of the added land.
11.04 Withdrawal of Land. Declarant may, at any time and from time to time, reduce
or withdraw from the Property, and remove and exclude from the burden of this Declaration
and the jurisdiction of the Association any portion of the Property. Upon any such withdrawal
and renewal this Declaration and the covenants conditions, restrictions and obligations set forth
herein will no longer apply to the portion of the Property withdrawn. To withdraw lands from
the Property hereunder, Declarant will be required only to Record a notice of withdrawal of
land containing the following provisions:
(a) A reference to this Declaration, which reference will state the document
number or volume and initial page number of the Official Public Records of Tarrant County
wherein this Declaration is recorded;
(b) A statement that the provisions of this Declaration will no longer apply to
the withdrawn land; and
(c) A legal description of the withdrawn land.
11.05 AssiEmment of Declarant's Rights. Notwithstanding any provision in this
Declaration to the contrary, Declarant may, by written instrument, assign, in whole or in part,
any of its privileges, exemptions, rights and duties under this Declaration to any person or
entity and may permit the participation, in whole, in part, exclusively, or non -exclusively, by
any other person or entity in any of its privileges, exemptions, rights and duties hereunder.
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Exhibit B
EXECUTED to be effective on the date this instrument is Recorded.
DECLARANT:
MAGUIRE PARTNERS - SOLANA LAND, L.P., a
Texas limited partnership
By:
Printed Name:
Title:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this day of
2013, by _ of
MAGUIRE PARTNERS - SOLANA LAND, L.P., a Texas limited partnership, on behalf of said
limited partnership.
(seal) Notary Public, State of Texas
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Page 1 of 57
Recorded by Tarrant County Clerk in Official Public Records - rq
Pu*Q1 �cc+ c<<a, Mary Louise Garcia
After Recording Return To:
Robert D. Burton
Winstead, PC
401 Congress Ave., Suite 2100
Austin, Texas 78701
email: rburton@winstead.com
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS
GRANADA
[TARRANT COUNTY, TEXAS]
Declarant: MAGUIRE PARTNERS — SOLANA LAND, L.P., a Texas limited partnership
This Declaration of Covenants, Conditions and Restrictions may be used only in connection with the
residential community known as Granada in Tarrant County, Texas and the operation of the Granada
Residential Community, Inc.
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
ARTICLE 3 CONSTRUCTION RESTRICTIONS.. ....................... ........................... ...................... 17
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TABLE OF CONTENTS
ARTICLE 1
DEFINITIONS..................................................................................................................1
ARTICLE 2
USE RESTRICTIONS.......................................................................................................5
2.01
General..............................................................................................................................5
2.02
Single -Family Residential Use.......................................................................................
6
2.03
Rentals...............................................................................................................................
7
2.04
Subdividing.......................................................................................................................8
2.05
Hazardous Activities.. .......................................................................................... ..........
8
2.06
Insurance Rates................................................................................................................
8
2.07
Mining and Drilling.........................................................................................................8
2.08
Water Bodies.....................................................................................................................8
2.09
Noise..................................................................................................................................9
2.10
Animals - Household Pets.. .............. ................................. ...........................................
9
2.11
Rubbish and Debris.........................................................................................................9
2.12
Trash Containers............................................................................................................10
2.13
Maintenance....................................................................................................................10
2.14
Street Landscape Area -Owner's Obligation to Maintain Landscaping .................10
2.15
Antennas.........................................................................................................................11
2.16
Location of Permitted Antennas..................................................................................11
2.17
Signs.................................................................................................................................12
2.18
Flags - Approval Requirements..................................................................................12
2.19
Flags - Installation and Display...................................................................................13
2.20
Tanks................................................................................................................................14
2.21
Temporary Structures....................................................................................................14
2.22
Unsightly Articles; Vehicles.........................................................................................14
2.23
On Street Parking...........................................................................................................15
2.24
Basketball Goals; Permanent and Portable.................................................................15
2.25
No Tennis or Recreational Courts; Playscapes..........................................................15
2.26
Decorations and Lighting.............................................................................................15
2.27
Clotheslines; Window Air Conditioners....................................................................15
2.28
Dumping.........................................................................................................................15
2.29
Compliance with Restrictions......................................................................................16
2.30
Liability of Owners for Damage to Common Area...................................................16
2.31
No Warranty of Enforceability.....................................................................................17
2.32
Restriction on Use of Common Area...........................................................................17
2.33
Declarant and Homebuilder Exemption....................................................................17
ARTICLE 3 CONSTRUCTION RESTRICTIONS.. ....................... ........................... ...................... 17
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3.01
Approval for Construction...........................................................................................17
3.02
Masonry Requirements.................................................................................................17
3.03
Minimum Square Footage............................................................................................17
3.04
Garages............................................................................................................................17
3.05
Fences; Sidewalks...........................................................................................................17
3.06
Building Restrictions.....................................................................................................18
3.07
Alteration or Removal of Improvements....................................................................18
3.08
Drainage..........................................................................................................................18
3.09
Construction Activities..................................................................................................18
3.10
Roofing............................................................................................................................18
3.11
Swimming Pools............................................................................................................19
3.12
Solar Energy Device.......................................................................................................19
3.13
Rainwater Harvesting Systems....................................................................................20
ARTICLE 4
GRANADA RESIDENTIAL COMMUNITY, INC ....................................................
21
4.01
Organization...................................................................................................................
21
4.02
Membership....................................................................................................................21
4.03
Governance.....................................................................................................................22
4.04
Voting Rights..................................................................................................................23
4.05
Powers.............................................................................................................................
23
4.06
Acceptance of Common Area.......................................................................................26
4.07
Indemnification..............................................................................................................
27
4.08
Insurance.........................................................................................................................
27
4.09
Bulk Rate Contracts.......................................................................................................
27
4.10
Community Systems.....................................................................................................
28
4.11
Declarants Right to Contribute to Revenues of the Association ............................28
4.12
Protection of Declarant's Interests...............................................................................28
4.13
Administration of Common Area................................................................................
29
4.14
Private Streets.................................................................................................................29
4.15
Notices and Disclaimers as to Security Systems........................................................29
ARTICLE5
INSURANCE..................................................................................................................30
5.01
Insurance.........................................................................................................................
30
5.02
Restoration......................................................................................................................30
5.03
Mechanic's and Materialmeri s Lien............................................................................
31
ARTICLE 6
COVENANT FOR ASSESSMENTS.............................................................................31
6.01
Assessments....................................................................................................................31
6.02
Maintenance Fund.........................................................................................................
32
6.03
Regular Assessments.....................................................................................................32
6.04
Working Capital Assessment.......................................................................................32
6.05
Amenity Reimbursement Fee.......................................................................................
33
6.06
Special Assessments......................................................................................................
33
6.07
Individual Assessments................................................................................................33
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6.08
Amount of Assessment.................................................................................................
34
6.09
Late Charges...................................................................................................................34
6.10
Owner's Personal Obligation; Interest........................................................................34
6.11
Assessment Lien and Foreclosure...............................................................................
35
6.12
Exempt Property............................................................................................................
36
6.13
Fines and Damages Assessment..................................................................................37
ARTICLE 7
ARCHITECTURAL CONTROL COMMITTEE.........................................................38
7.01
Construction of Improvements....................................................................................38
7.02
Architectural Control Committee................................................................................38
ARTICLE 8
MORTGAGE PROVISIONS.........................................................................................
41
8.01
Notice of Action.............................................................................................................
42
8.02
Examination of Books....................................................................................................
42
8.03
Taxes, Assessments and Charges................................................................................
42
ARTICLE 9
GENERAL PROVISIONS..............................................................................................
42
9.01
Term.................................................................................................................................42
9.02
Eminent Domain............................................................................................................43
9.03
Amendment....................................................................................................................43
9.04
Conceptual Plans............................................................................................................
43
9.05
Party Wall Fences...........................................................................................................44
9.06
Enforcement....................................................................................................................45
9.07
Higher Authority...........................................................................................................
45
9.08
Severability.....................................................................................................................
45
9.09
Conflicts...........................................................................................................................45
9.10
Gender.............................................................................................................................45
9.11
Acceptance by Grantees................................................................................................
45
9.12
Damage and Destruction..............................................................................................
46
9.13
No Partition....................................................................................................................
46
9.14
Notices.............................................................................................................................46
9.15
View Impairment...........................................................................................................47
9.16
Safety and Security........................................................................................................47
ARTICLE 10
EASEMENTS..................................................................................................................47
10.01
Right of Ingress and Egress..........................................................................................47
10.02
Reserved Easements......................................................................................................48
10.03
Utility Easements...........................................................................................................
48
10.04
Roadway and Utility Easements..................................................................................48
10.05
Subdivision Entry and Fencing Easement..................................................................49
10.06
Landscape, Monumentation and Signage Easement..............................................49
10.07
Declarant as Attorney in Fact.......................................................................................
49
ARTICLE 11
DEVELOPMENT RIGHTS............................................................................................50
11.01
Development by Declarant...........................................................................................50
11.02
Special Declarant Rights...............................................................................................50
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11.03 Addition of Land............................................................................................................ 50
11.04 Withdrawal of Land...................................................................................................... 51
11.05 Assignment of Declarants Rights............................................................................... 51
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DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS
GRANADA
This Declaration of Covenants, Conditions and Restrictions (the "Declaration') is made
by MAGUIRE PARTNERS — SOLANA LAND, L.P., a Texas limited partnership (the
"Declarant"), and is as follows:
RECITALS:
A. This Declaration is filed with respect to Lots 1 through 84, inclusive, Granada, a
subdivision in Tarrant County Texas, according to the plat recorded under Document No.
DZ -1 aS='; 504 , Official Public Records of Tarrant County, Texas (the "Property").
Declarant is the owner of the Property.
B. Declarant desires to create and carry out a uniform plan for the development,
improvement, and sale of the Property.
C. By the filing of this Declaration, Declarant serves notice that the Property will be
subjected to the terms and provisions of this Declaration.
NOW, THEREFORE, it is hereby declared: (i) that the Property (or any portion thereof)
will be held sold, conveyed, and occupied subject to the following covenants, conditions and
restrictions which will run with such portions of the Property and will be binding upon all
parties having right, title, or interest in or to such portions of the Property or any part thereof,
their heirs, successors, and assigns and will inure to the benefit of each owner thereof; and (ii)
that each contract or deed conveying the Property (or any portion thereof) will conclusively be
held to have been executed, delivered, and accepted subject to the following covenants,
conditions and restrictions, regardless of whether or not the same are set out in full or by
reference in said contract or deed.
This Declaration uses notes (text set apart in boxes) to illustrate concepts and assist the
reader. If there is a conflict between any note and the text of the Declaration, the text will
control.
ARTICLE 1
DEFINITIONS
Unless the context otherwise specifies or requires, the following words and phrases
when used in this Declaration will have the meanings hereinafter specified:
"Applicable Law" means the statutes and public laws and ordinances in effect at the
time a provision of the Restrictions is applied, and pertaining to the subject matter of the
Restriction provision. Statutes and ordinances specifically referenced in the Restrictions are
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"Applicable Law" on the date of the Restrictions, and are not intended to apply to the Property
if they cease to be applicable by operation of law, or if they are replaced or superseded by one
or more other statutes or ordinances.
"Architectural Control Committee" or "ACC" means the committee created pursuant to
this Declaration to review and approve or deny plans for the construction, placement,
modification, alteration or remodeling of any Improvements on a Lot.
"Assessment" or "Assessments" means assessments imposed by the Association under
this Declaration.
"Assessment Unit" has the meaning set forth in Section 6.08(b).
"Association" means the Granada Residential Community, Inc., a Texas non-profit
corporation, which will be created by Declarant to exercise the authority and assume the
powers specified in Article 4 and elsewhere in this Declaration.
"Board" means the Board of Directors of the Association.
"Bulk Rate Contract" or "Bulk Rate Contracts" means one or more contracts which are
entered into by the Association for the provision of utility services or other services of any kind
or nature to the Lots. The services provided under Bulk Rate Contracts may include, without
limitation, cable television services, telecommunications services, internet access services,
"broadband" services, security services, trash pick up services, propane service, natural gas
service, lawn maintenance services, wastewater services, and any other services of any kind or
nature which are considered by the Board to be beneficial to all or a portion of the Property.
"Bylaws" means the Bylaws of the Association as adopted and as amended from time to
time by a Majority of the Board.
"Certificate" means the Certificate of Formation of the Association, filed in the Office of
the Secretary of State of Texas, as the same may be amended from time to time.
"Common Area" means any property and facilities that the Association owns or in
which it otherwise holds rights or obligations, including any property or facilities held by the
Declarant for the benefit of the Association or its Members. Common Area includes any
property that the Association holds under a lease, license, or any easement in favor of the
Association. Some Common Area will be solely for the common use and enjoyment of the
Owners, while other portions of the Common Area may be for the use and enjoyment of the
Owners and members of the public. Common Area specifically includes all land designated as
Common Area on a Plat of the Property.
"Community Manual" means the community manual, which may be initially adopted
and recorded by the Declarant as part of the initial project documentation for the benefit of the
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Association and the Property. The Community Manual may include the Bylaws, Rules and
other policies governing the Association. The Community Manual may be amended, from time
to time, by a Majority of the Board with Declarant's written consent during the Development
Period. Upon expiration or termination of the Development Period, the Community Manual
may be amended by a Majority of the Board.
"Community ystems" means any and all cable television, telecommunications,
alarm/monitoring, internet, telephone or other lines, conduits, wires, amplifiers, towers,
antennae, satellite dishes, equipment, materials and installations and fixtures (including those
based on, containing and serving future technological advances not now known), if installed by
Declarant pursuant to any grant of easement or authority by Declarant within the Property.
"Declarant" means MAGUIRE PARTNERS — SOLANA LAND, L.P., a Texas limited
partnership, its successors or assigns; provided that any assignment(s) of the rights of
MAGUIRE PARTNERS — SOLANA LAND, L.P., a Texas limited partnership, as Declarant,
must be expressly set forth in writing and Recorded.
Declarant enjoys special rights and privileges to help protect its investment in the
Property which are described in this Declaration. Many of these rights do not
terminate until either Declarant: (i) has conveyed all Lots which may be created out of
the Property; or (ii) voluntarily terminates these rights by a Recorded written
instrument.
"Design Guidelines" means the standards for design, construction, landscaping, and
exterior items adopted pursuant to Section 7.02(c), as the same may be amended from time to
time. The Design Guidelines may consist of multiple written design guidelines applying to
specific portions of the Property. Declarant may adopt the initial Design Guidelines.
Notwithstanding anything in this Declaration to the contrary, Declarant will have no obligation
to establish Design Guidelines.
"Development Period" means the period of time beginning on the date when this
Declaration has been Recorded, and ending at such time as Declarant no longer owns any
portion of the Property, unless earlier terminated by Declarant. Declarant may terminate the
Development Period by an instrument executed by Declarant and Recorded. The Development
Period is the period in which Declarant reserves the right to facilitate the development,
construction, and marketing of the Property, and the right to direct the size, shape and
composition of the Property.
"Homebuilder" means an Owner (other than the Declarant) who acquires a Lot for the
construction of a single family residence for resale to a third party.
"Improvement" means every structure and all appurtenances of every type and kind,
whether temporary or permanent in nature, including, but not limited to, buildings,
outbuildings, storage sheds, patios, tennis courts, sport courts, recreational facilities, swimming
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pools, putting greens, garages, driveways, parking areas and/or facilities, storage buildings,
sidewalks, fences, gates, screening walls, retaining walls, stairs, patios, decks, walkways,
landscaping, mailboxes, poles, signs, antennae, exterior air conditioning equipment or fixtures,
exterior lighting fixtures, water softener fixtures or equipment, and poles, pumps, wells, tanks,
reservoirs, pipes, lines, meters, antennas, towers and other facilities used in connection with
water, sewer, gas, electric, telephone, regular or cable television, or other utilities.
"Lot" means any portion of the Property designated by Declarant or as shown as a
subdivided Lot on a Plat other than Common Area.
"Ma'ori " means more than half.
"Manager" has the meaning set forth in Section 4.05(h).
"Members" means every person or entity that holds membership privileges in the
Association.
"Mortgage" or "Mortgages" means any mortgage(s) or deed(s) of trust securing
indebtedness and covering any Lot.
"Mortgagee" or "Mortgagees' means the holder(s) of any Mortgage(s).
"Owner" means the person(s), entity or entities, including Declarant, holding all or a
portion of the fee simple interest in any Lot, but does not include the Mortgagee under a
Mortgage prior to its acquisition of fee simple interest in such Lot pursuant to foreclosure of the
lien of its Mortgage.
"Plat" means a Recorded subdivision plat of any portion of the Property and any
amendments thereto.
"Private Streets" means Lot _ Block _ within the Subdivision and consists of
private roadways, known as . The Private Streets shall be
used for vehicular and pedestrian ingress and egress to and from the Lots and are designated
hereby as Common Area.
"Property" means Lots 1 through 84, inclusive, Granada, a subdivision in Tarrant
County Texas, according to the plat Recorded under Document No.T-�1ZISGd3561, subject
to such additions thereto and deletions therefrom as may be made pursuant to Section 11.03 and
Section 11.04 of this Declaration.
"Record. Recording Recordation and Recorded" means recorded or to be recorded in
the Official Public Records of Tarrant County, Texas.
"Resident" means an occupant of a Lot, regardless of whether the person owns the Lot.
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'Restrictions' means the restrictions, covenants, and conditions contained in this
Declaration, the Design Guidelines, Bylaws, Community Manual, Rules or policies promulgated
by the Board and amended from time to time. See Table 1 for a summary of the Restrictions.
"Rules" means any instrument, however denominated, which is adopted by the Board
for the regulation and management of the Property, including any amendments to those
instruments.
"Solar Energy Device" means a system or series of mechanisms designed primarily to
provide heating or cooling or to produce electrical or mechanical power by collecting and
transferring solar -generated energy. The term includes a mechanical or chemical device that
has the ability to store solar -generated energy for use in heating or cooling or in the production
of power.
"Town" means the Town of Westlake, Texas.
"Town Manager" means the Town Manager of the Town of Westlake, Texas or his/her
designee.
ARTICLE 2
USE RESTRICTIONS
All of the Property shall be owned, held, encumbered, leased, used, occupied, and
enjoyed subject to the following limitations and restrictions:
2.01 General.
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TABLE 1: RESTRICTIONS
Declaration (Recorded) This document and any amendments thereto.
Certificate of Formation (Recorded) Establishes the Association as a Texas nonprofit corporation.
Bylaws (Recorded) Governs the Association's internal affairs, such as elections,
meetings, etc.
Community Manual (Recorded) Establishes rules and policies governing the Association.
Design Guidelines (if adopted, Governs the design and architectural standards for the
Recorded) construction of Improvements and modifications thereto.
Aides (if adopted, Recorded) Regulates the use of property, activities, and conduct within
the Property.
Board Resolutions (adopted by the Board Establishes rules, policies, and procedures for the Property,
of the Association) Owners and the Association.
Page 11 of 57
(a) Conditions and Restrictions. All Lots within the Property will be owned, held,
encumbered, leased, used, occupied and enjoyed subject to the Restrictions.
NOTICE
The Restrictions are subject to change from time to time. By owning or occupying a
Lot, you agree to remain in compliance with the Restrictions, as they may change
from time to time.
(b) Ordinances. Ordinances and requirements imposed by local governmental
authorities are applicable to all Lots within the Property. Compliance with the Restrictions is
not a substitute for compliance with such ordinances and regulations. Please be advised that
the Restrictions do not purport to list or describe each ordinance or regulation which may be
applicable to a Lot located within the Property. Each Owner is advised to review all
ordinances, requirements, regulations and encumbrances affecting the use and improvement
of their Lot prior to submitting plans to the ACC for approval. Furthermore, approval by the
ACC should not be construed by the Owner that any Improvement complies with the terms
and provisions of any ordinances, requirements, regulations or encumbrances which may
affect the Owner's Lot. Certain encumbrances may benefit parties whose interests are not
addressed by the ACC.
2.02 Single -Family Residential Use. The Lots may be used solely for private single-
family residential purposes and there will not be constructed or maintained thereon more than
one detached single family residence. No professional, business, or commercial activity to
which the general public is invited may be conducted on any Lot, except an Owner or Resident
may conduct business activities within a residence 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
residence; (ii) the business activity conforms to all zoning requirements for the Property; (iii) the
business activity does not involve door-to-door solicitation of residents within the Property; (iv)
the business does not, in the Board's judgment, generate a level of vehicular or pedestrian traffic
or a number of vehicles parked within the Property which is noticeably greater than that which
is typical of residences in which no business activity is being conducted; 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, will be construed to have their ordinary, generally accepted
meanings and will 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: (x) such activity is engaged in full or part-time; (y) such
activity is intended to or does generate a profit; or (z) a license is required.
Leasing of a residence is not considered a business or trade within the meaning of this
subsection. This subsection will apply to any activity conducted by the Declarant or a
Homebuilder.
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Notwithstanding any provision in this Declaration to the contrary, until the earlier to
occur of expiration or termination of the Development Period, or forty (40) years from the date
this Declaration is Recorded:
(i) Declarant and/or its licensees may construct and maintain upon portions of
the Common Area and any Lot owned by the Declarant such facilities and may conduct
such activities which, in Declarant's sole opinion, may be reasonably required,
convenient, or incidental to the construction or sale of single family residences
constructed upon the Lots, including, but not limited to, business offices, signs, model
homes, and sales offices. Declarant and/or its licensees have an easement over and
across the Common Area for access and use of such facilities at no charge; and
(ii) Declarant and/or its licensees will have an access easement over and across
the Common Area for the purpose of making, constructing and installing Improvements
upon the Common Area.
2.03 Rentals. Nothing in this Declaration will prevent the rental of any Lot and the
Improvements thereon by the Owner thereof for residential purposes; provided that: (i) all
rentals must be for terms of at least six (6) months; and (ii) no portion of a Lot (other than the
entire Lot) may be rented. All leases shall be in writing, and the Board will have the authority
to approve all leases in advance. Each lease must provide, or be deemed to provide, that the
Board shall have the right to terminate the lease upon default by the tenant in observing any
provisions of the Restrictions. The Board may deny permission to lease any Lot on any
reasonable grounds the Board may find. The Board shall have the right to require the Owner to
deposit in escrow with the Association (in addition to any other deposits which may be
required by the Owner so long as such additional deposit is not prohibited by law) an amount
not to exceed one month's rental fee paid. Said deposit may be used by the Association to
repair any damage to the Property resulting from acts or omission by the tenants (as
determined in the sole discretion of the Board). Regardless of whether or not expressed in the
applicable lease, all Owners shall be jointly and severally liable with the tenants of such Lot to
the Association for any amount which is required by the Association to effect such repairs or to
pay any claim for any injury or damage to property caused by the negligence of the tenant of
such Lot or for the acts or omissions of the tenant(s) of such Lot which constitute a violation of,
or non-compliance with, the provisions of the Documents. All leases shall comply with and be
subject to the provisions of the Restrictions and the provisions of same shall be deemed
expressly incorporated into any lease of a Lot. This Section 2.03 shall also apply to assignments
and renewals of leases. No lease approved by the Board shall be amended or modified without
the Board's approval. In making its determination as to whether to approve a lease of a Lot, the
Board shall not discriminate on the grounds of race, gender, religion, national origin, familial
status or physical or mental handicap; provided, however, nothing herein shall be construed to
require the Association to furnish an alternate tenant to the Owner in the event the Board
disapproves a lease or tenant. Upon entering into an agreement for the lease of a Lot, an
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Owner, other than Declarant, shall provide written notice to the Board, or its designee, of the
lease agreement and furnish the names of the prospective tenant. The Board may require that
the Owner deliver to the tenant, a copy of the Restrictions and obtain a written instrument
executed by the tenant acknowledging receipt of the Restrictions which receipt will be provided
to the Board. The Board shall have the right to charge an Owner a reasonable fee (not to exceed
$500.00) as determined by the Board for the processing of leases of Lots.
2.04 Subdividing. No Lot shall be further divided or subdivided, nor may any
easements or other interests therein less than the whole be conveyed by the Owner thereof
without the prior written approval of the ACC; provided, however, that when Declarant is the
Owner thereof, Declarant may further divide and subdivide any Lot and convey any easements
or other interests less than the whole, all without the approval of the ACC.
2.05 Hazardous Activities. No activities may be conducted on or within the Property
and no Improvements constructed on any portion of the Property which, in the opinion of the
Board, are or might be unsafe or hazardous to any person or property. Without limiting the
generality of the foregoing, no firearms or fireworks may be discharged upon any portion of the
Property unless discharged in conjunction with an event approved in advance by the Board and
no open fires may be lighted or permitted except within safe and well-designed fireplaces or in
contained barbecue units while attended and in use for cooking purposes. No portion of the
Property may be used for the takeoff, storage, or landing of aircraft (including, without
limitation, helicopters) except for medical emergencies.
2.06 Insurance Rates. Nothing shall be done or kept on the Property which would
increase the rate of casualty or liability insurance or cause the cancellation of any such insurance
on the Common Area, or the Improvements located thereon, without the prior written approval
of the Board.
2.07 Mining and Drilling. No portion of the Property may be used for the purpose of
mining, quarrying, drilling, boring, or exploring for or removing oil, gas, or other
hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate, or earth. This
provision will not be construed to prevent the excavation of rocks, stones, sand, gravel,
aggregate, or earth or the storage of such material for use as fill provided that such activities are
conducted in conjunction with the construction of Improvements and/or the development of the
Property by the Declarant. Furthermore, this provision will not be interpreted to prevent the
drilling of water wells approved in advance by the ACC which are required to provide water to
all or any portion of the Property. All water wells must also be approved in advance by the
ACC and any applicable regulatory authority.
2.08 Water Bodies. By acceptance of a deed to Lot, each Owner acknowledges that
the water levels of all water bodies, if any, may vary. There is no guarantee by the Declarant or
the Association that water levels will be constant or aesthetically pleasing at any particular time.
In fact, water levels may be non-existent from time to time.
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2.09 Noise. No exterior speakers, horns, whistles, bells, or other sound devices (other
than security devices used exclusively for security purposes) shall be located, used, or placed on
any of the Property. No noise or other nuisance shall be permitted to exist or operate upon any
portion of the Property so as to be offensive or detrimental to any other portion of the Property
or to its Residents. Without limiting the generality of the foregoing, if any noise or nuisance
emanates from any Improvement on any Lot, the Association may (but shall not be obligated to)
enter any such Improvement and take such reasonable actions necessary to terminate such noise
(including silencing any burglar or break-in alarm).
2.10 Animals - Household Pets. No animals, including pigs, hogs, swine, poultry,
fowl, wild animals, horses, cattle, sheep, goats, or any other type of animal not considered to be
a domestic household pet within the ordinary meaning and interpretation of such words may
be kept, maintained, or cared for on or within the Property (as used in this paragraph, the term
"domestic household pet" shall not mean or include non-traditional pets such pot-bellied pigs,
miniature horses, goats, exotic snakes or lizards, ferrets, monkeys, chickens or other exotic
animals). The Board may conclusively determine, in its sole discretion, whether a particular pet
is a domestic household pet within the ordinary meaning and interpretation of such words. No
Owner may keep more than four (4) cats and dogs, in the aggregate, of which no more than two
(2) may be dogs, unless otherwise approved by the Board. No animal may be allowed to make
an unreasonable amount of noise, or to become a nuisance, and no domestic pets will be
allowed on the Property other than within the Owner's residence, or the fenced yard space
associated therewith, unless confined to a leash. The Association may restrict pets to certain
areas on the Property. No animal may be stabled, maintained, kept, cared for, or boarded for
hire or remuneration on the Property, and no kennels or breeding operation will be allowed.
No animal may be allowed to run at large, and all animals must be kept within enclosed areas
which must be clean, sanitary, and reasonably free of refuse, insects, and waste at all times. No
pet may be left unattended in yards, porches or other outside area. All pet waste will be
removed and appropriately disposed of by the owner of the pet. All pets must be registered,
licensed and inoculated as required by Applicable Law. If, in the opinion of the Board, any pet
becomes a source of unreasonable annoyance to others, or the owner of the pet fails or refuses to
comply with these restrictions, the Owner, upon written notice, may be required to remove the
pet from the Property.
2.11 Rubbish and Debris. As determined by the Board, no rubbish or debris of any
kind may be placed or permitted to accumulate on or within the Property, and no odors will be
permitted to arise therefrom so as to render all or any portion of the Property unsanitary,
unsightly, offensive, or detrimental to any other property or Residents. Refuse, garbage, and
trash must be kept at all times in covered containers, and such containers must be kept within
enclosed structures or appropriately screened from view. Each Owner will contract with an
independent disposal service to collect all garbage or other wastes, if such service is not
provided by a governmental entity or the Association.
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2.12 Trash Containers. Trash containers and recycling bins must be stored in one of
the following locations:
(a) inside the garage of the single-family residence constructed on the Lot; or
(b) behind the single-family residence or fence constructed on the Lot in such a
manner that the trash container and recycling bin is not visible from any street, alley, or
adjacent Lot.
The Board shall have the right to specify additional locations on each Owner's Lot in
which trash containers or recycling bins must be stored.
2.13 Maintenance. The Owners of each Lot shall jointly and severally have the duty
and responsibility, at their sole cost and expense, to keep their Lot and all Improvements
thereon in good condition and repair and in a well-maintained, safe, clean and attractive
condition at all times. The Board, in its sole discretion, shall determine whether a violation of
the maintenance obligations set forth in this Section 2.13 has occurred. Such maintenance
includes, but is not limited to the following, which shall be performed in a timely manner, as
determined by the Board, in its sole discretion:
(i) Prompt removal of all litter, trash, refuse, and wastes.
(ii) Lawn mowing.
(iii) Tree and shrub pruning.
(iv) Watering.
(v) Keeping exterior lighting and mechanical facilities in working order.
(vi) Keeping lawn and garden areas alive, free of weeds, and attractive.
(vii) Keeping planting beds free of turf grass.
(viii) Keeping sidewalks and driveways in good repair.
(ix) Complying with Applicable Law.
(x) Repainting of Improvements.
(xi) Repair of exterior damage, and wear and tear to Improvements.
2.14 Street Landscape Area -Owner's Obligation to Maintain Landscayine. Each
Owner will be responsible, at such Owner's sole cost and expense, for maintaining mowing,
replacing, pruning, and irrigating the landscaping between the boundary of such Owner's Lot
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and the curb of any adjacent right-of-way, street or alley (the "ST Landscape Area") unless the
responsibility for maintaining the ST Landscape Area is performed by the Association.
2.15 Antennas. Except as expressly provided below, no exterior radio or television
antennae or aerial or satellite dish or disc, shall be erected, maintained or placed on a Lot
without the prior written approval of the ACC; provided, however, that:
(i) an antenna designed to receive direct broadcast services, including direct -to -home
satellite services, that is one meter or less in diameter; or
(ii) an antenna designed to receive video programming services via multipoint
distribution services, including multi -channel multipoint distribution services, instructional
television fixed services, and local multipoint distribution services, that is one meter or less in
diameter or diagonal measurement; or
(iii) an antenna that is designed to receive television or radio broadcast signals
(collectively, (i) through (iii) are referred to herein as the "Permitted Antennas") will be
permitted subject to reasonable requirements as to location and screening as may be set forth in
rules adopted by the ACC, consistent with Applicable Law, in order to minimize obtrusiveness
as viewed from streets and adjacent property.
2.16 Location of Permitted Antennas. A Permitted Antenna may be installed solely
on the Owner's Lot and shall not encroach upon any street, Common Area, or any other portion
of the Property. A Permitted Antenna shall be installed in a location on the Lot from which an
acceptable quality signal can be obtained and where least visible from the street and the
Property, other than the Lot. In order of preference, the locations of a Permitted Antenna
which will be considered least visible by the ACC are as follows:
(i) Attached to the back of the principal single-family residence constructed on the Lot,
with no part of the Permitted Antenna any higher than the lowest point of the roofline and
screened from view of adjacent Lots and the street; then
(ii) Attached to the side of the principal single-family residence constructed on the Lot,
with no part of the Permitted Antenna any higher than the lowest point of the roofline and
screened from view of adjacent Lots and the street.
The ACC may, from time to time, modify, amend, or supplement the rules regarding
installation and placement of Permitted Antennas.
Satellite dishes one meter or less in diameter, e.g., DirecTV or Dish satellite dishes,
are permitted, HOWEVER you are required to comply with the rules regarding
installation and placement. These Rules may be modified by the ACC from time to
time. Please contact the ACC for the current rules regarding installation and
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placement.
2.17 Signs. Unless otherwise prohibited by Applicable Law, no sign of any kind may
be displayed to the public view on any Lot without the prior written approval of the ACC,
except for:
(i) signs which are permitted pursuant to the Design Guidelines or the Rules;
(ii) signs which are part of Declarant's overall marketing, sale, or construction plans
or activities for the Property;
(iii) one (1) temporary "For Sale' or "For Lease" sign placed on the Lot. The sign will
be limited to a maximum face area of five (5) square feet on each visible side and, if free
standing, is mounted on a single or frame post. The overall height of the sign from finished
grade at the spot where the sign is located may not exceed four (4) feet. The sign must be
removed within two (2) business days following the sale or lease of the Lot;
(iv) political signs may be erected provided the sign: (a) is erected no earlier than the
901h day before the date of the election to which the sign relates; (b) is removed no later than the
1011 day after the date of the election to which the sign relates; and (c) is ground -mounted. Only
one sign may be erected for each candidate or ballot item. In addition, signs which include any
of the components or characteristics described in Section 202.009(c) of the Texas Property Code
are prohibited;
(v) permits as may be required by legal proceedings or a governmental entity;
(vi) a religious item on the entry door or door frame of a residence (which may not
extend beyond the outer edge of the door frame), provided that the size of the item(s),
individually or in combination with other religious items on the entry door or door frame of the
residence, does not exceed twenty-five (25) square inches; and
(vii) a "no soliciting" and "security warning" sign near or on the front door to their
residence, provided, that the sign may not exceed twenty-five (25) square inches.
2.18 Flags — Approval Requirements. An Owner is permitted to display the flag of
the United States of America, the flag of the State of Texas, or an official or replica flag of any
branch of the United States Military ("Permitted Flag") and permitted to install a flagpole no
more than five feet (5') in length affixed to the front of a residence near the principal entry or
affixed to the rear of a residence ("Permitted Flagpole"). Only two (2) permitted Flagpoles are
allowed per residence. A Permitted Flag or Permitted Flagpole need not be approved in
advance by the ACC. Approval by the ACC is required prior to installing vertical freestanding
flagpoles installed in the front or back yard area of any Lot ("Freestanding Flagpole"). To
obtain ACC approval of any Freestanding Flagpole, the Owner shall provide the ACC with the
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following information: (a) the location of the Freestanding Flagpole to be installed on the Lot;
(b) the type of Freestanding Flagpole to be installed; (c) the dimensions of the Freestanding
Flagpole; and (d) the proposed materials of the Freestanding Flagpole (the "Flagpole
Application"). A Flagpole Application may only be submitted by an Owner. The Flagpole
Application shall be submitted in accordance with the provisions of Article 7 of this Declaration.
2.19 Flags — Installation and Display. Unless otherwise approved in advance and in
writing by the ACC, Permitted Flags, Permitted Flagpoles and Freestanding Flagpoles, installed
in accordance with the Flagpole Application, must comply with the following:
(i) No more than one (1) Freestanding Flagpole OR no more than two (2) Permitted
Flagpoles are permitted per Lot, on which only Permitted Flags may be
displayed;
(ii) Any Permitted Flagpole must be no longer than five feet (5) in length and any
Freestanding Flagpole must be no more than twenty feet (20') in height
(iii) Any Permitted Flag displayed on any flagpole may not be more than three feet in
height by five feet in width (3'x5');
(iv) With the exception of flags displayed on Common Area or any Lot which is
being used for marketing purposes by a Homebuilder, the flag of the United
States of America must be displayed in accordance with 4 U.S.C. Sections 5-10
and the flag of the State of Texas must be displayed in accordance with Chapter
3100 of the Texas Government Code;
(v) The display of a Permitted Flag, or the location and construction of a Permitted
Flagpole or Freestanding Flagpole must comply with all Applicable Law;
(vi) Each Permitted Flagpole and Freestanding Flagpole must be constructed of
permanent, long-lasting materials, with a finish appropriate to the materials used
in the construction thereof and harmonious with the residence;
(vii) Permitted Flag, Permitted Flagpole or Freestanding Flagpole must be maintained
in good condition and any deteriorated Permitted Flag or deteriorated or
structurally unsafe Permitted Flagpole or Freestanding Flagpole must be
repaired, replaced or removed;
(viii) A Permitted Flag may be illuminated by no more than one (1) halogen
landscaping light of low beam intensity which shall not be aimed towards or
directly affect any neighboring Lot; and
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(ix) Any external halyard of a Permitted Flagpole or Freestanding Flagpole must be
secured so as to reduce or eliminate noise from flapping against the metal of the
Permitted Flagpole or Freestanding Flagpole.
The requirements of this Section 2.19 shall not apply to any flag or flagpole erected by
the Declarant.
2.20 Tanks. No tanks, including tanks for storage of fuel, water, oil, or LPG are
permitted on the Property. Notwithstanding the foregoing, swimming pool filter tanks are
permitted. No elevated tanks of any kind may be erected, placed or permitted on any Lot
without the advance written approval of the ACC. All permitted tanks must be screened from
view in accordance with a screening plan approved in advance by the ACC. This provision will
not apply to a tank used to operate a standard residential gas grill.
2.21 Temporary Structures. No tent, shack, or other temporary building,
Improvement, or structure shall be placed upon the Property without the prior written approval
of the ACC; provided, however, that temporary structures necessary for storage of tools and
equipment, and for office space for Homebuilders, architects, and foremen during actual
construction may be maintained with the prior approval of Declarant, approval to include the
nature, size, duration, and location of such structure.
2.22 Unsightly Articles; Vehicles. No article deemed to be unsightly by the Board
will be permitted to remain on any Lot so as to be visible from adjoining property or from
public or private thoroughfares. Without limiting the generality of the foregoing, trailers,
graders, trucks other than pickups, boats, tractors, campers, wagons, buses, motorcycles, motor
scooters, all -terrain vehicles and garden and lawn maintenance equipment must be kept at all
times except when in actual use, in enclosed structures or screened from view and no repair or
maintenance work may be done on any of the foregoing, or on any automobile (other than
minor emergency repairs), except in enclosed garages or other structures. Service areas, storage
areas, compost piles and facilities for hanging, drying or airing clothing or household fabrics
must be appropriately screened from view, and no lumber, grass, plant waste, shrub or tree
clippings, metals, bulk materials, scrap, refuse or trash must be kept, stored, or allowed to
accumulate on any portion of the Property except within enclosed structures or appropriately
screened from view. No: (i) racing vehicles; or (ii) other vehicles (including, without limitation,
motorcycles or motor scooters) which are inoperable or do not have a current license tag will be
permitted to remain visible on any Lot or to be parked on any roadway within the Property.
Motorcycles shall be operated in a quiet manner.
Parking of commercial vehicles or equipment, recreational vehicles, boats and other
watercraft, trailers, stored vehicles or inoperable vehicles in places other than: (a) in enclosed
garages; and (b) behind a fence so as to not be visible from any other portion of the Property is
prohibited; provided, construction, service and delivery vehicles may be exempt from this
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provision for such period of time as is reasonably necessary to provide service or to make a
delivery to a residence.
Mobile homes are prohibited. Notwithstanding the foregoing, sales trailers or other
temporary structures installed by the Declarant or expressly approved by the ACC shall be
permitted.
2.23 On Street Parkine. Unless otherwise approved by the Declarant or the Board,
no vehicle may be parked on any road or street within the Property unless in the event of an
emergency. "Emergency' for purposes of the foregoing sentence shall mean an event which
jeopardizes life or property. 'Parked" as used herein shall be defined as a vehicle left
unattended by a licensed operator for more than thirty (30) consecutive minutes.
2.24 Basketball Goals; Permanent and Portable. The basketball goal requirements
are set forth in the Design Guidelines. Portable basketball goals are permitted but must be
stored in the rear of the Lot or inside garage from sundown to sunrise. Basketball goals must be
properly maintained and painted, with the net in good repair. All basketball goals, whether
permanent or portable, must be approved by the ACC prior to being placed on any Lot.
2.25 No Tennis or Recreational Courts: Playscaves. No tennis, recreational or sport
courts shall be constructed on any Lot unless expressly approved by the ACC. The specific
requirements of tennis, recreational and/or sport courts are set forth in the Design Guidelines.
2.26 Decorations and Lighting. Unless otherwise permitted by Section 2.16(vi), no
decorative appurtenances such as sculptures, birdbaths and birdhouses, fountains, or other
decorative embellishments shall be placed on the residence or on the front yard or on any other
portion of a Lot which is visible from any street, unless such specific items have been approved
in writing by the ACC. Additional specifications related to decorations and lighting are set
forth in the Design Guidelines.
2.27 Clotheslines; Window Air Conditioners. No clotheslines and no outdoor
clothes drying or hanging shall be permitted within the Property, nor shall anything be hung,
painted or displayed on the outside of the windows (or inside, if visible from the outside) or
placed on the outside walls or outside surfaces of doors of any of the residence, and no
awnings, canopies or shutters (except for those heretofore or hereinafter installed by Declarant
or a Homebuilder) shall be affixed or placed upon the exterior walls or roofs of residences, or
any part thereof, nor relocated or extended, without the prior written consent of the ACC.
Window air conditioners are prohibited.
2.25 Dumnine. No portion of the Property shall be used or maintained as a dumping
ground for rubbish, trash, new or used lumber or wood, metal scrap, garbage or other waste,
except that such material may be kept in areas of the Property designated for this purpose by
Declarant (in connection with its construction) or by the Board, provided that these materials
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are kept in sanitary containers in a clean and sanitary condition. Owners shall place these
containers for collection only in the designated areas and only on the day these refuse materials
are to be collected. Empty containers shall be removed promptly after collection.
2.29 Compliance with Restrictions. Each Owner, his or her family, Residents of a
Lot, tenants, and the guests, invitees, and licensees of the preceding shall comply strictly with
the provisions of the Restrictions as the same may be amended from time to time. Failure to
comply with any of the Restrictions shall constitute a violation of the Restrictions and may
result in a fine against the Owner in accordance with Section 6.13 of this Declaration, and shall
give rise to a cause of action to recover sums due for damages or injunctive relief, or both,
maintainable by the Declarant, the Board on behalf of the Association, the ACC, or by an
aggrieved Owner. Without limiting any rights or powers of the Association, the Board may
(but shall not be obligated to) remedy or attempt to remedy any violation of any of the
provisions of Restrictions, and the Owner whose violation has been so remedied shall be
personally liable to the Association for all costs and expenses of effecting (or attempting to
effect) such remedy. If such Owner fails to pay such costs and expenses upon demand by the
Association, such costs and expenses (plus interest from the date of demand until paid at the
maximum lawful rate, or if there is no such maximum lawful rate, at the rate of one and one-
half percent (1-1/2%) per month) shall be assessed against and chargeable to the Owner's Lot(s).
Any such amounts assessed and chargeable against a Lot shall be secured by the liens reserved
in this Declaration for Assessments and may be collected by any means provided in this
Declaration for the collection of Assessments, including, but not limited to, foreclosure of such
liens against the Owner's Lot(s). Each such Owner shall indemnify and hold harmless the
Association and its officers, directors, employees and agents from any cost, loss, damage,
expense, liability, claim or cause of action incurred or that may arise by reason of the
Association's acts or activities under this Section 2.29 (including any cost, loss, damage,
expense, liability, claim or cause of action arising out of the Association's negligence in
connection therewith), except for such cost, loss, damage, expense, liability, claim or cause of
action arising by reason of the Association's gross negligence or willful misconduct. "Gross
negligence" as used herein does not include simple negligence, contributory negligence or
similar negligence short of actual gross negligence.
2.30 Liability of Owners for Damage to Common Area. No Owner shall in any way
alter, modify, add to or otherwise perform any work upon the Common Area without the prior
written approval of the Board. Each Owner shall be liable to the Association for any and all
damages to: (i) the Common Area and any Improvements constructed thereon; or (ii) any
Improvements constructed on any Lot, the maintenance of which has been assumed by the
Association, which damages were caused by the neglect, misuse or negligence of such Owner or
Owner's family, or by Resident of such Owner's Lot, or any guest or invitee of such Owner or
Resident. The full cost of all repairs of such damage shall be an Individual Assessment against
such Owner's Lot, secured by a lien against such Owner's Lot and collectable in the same
manner as Assessments.
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2.31 No Warranty of Enforceability. Declarant makes no warranty or representation
as to the present or future validity or enforceability of the Restrictions. Any Owner acquiring a
Lot in reliance on one or more of the Restrictions shall assume all risks of the validity and
enforceability thereof and, by acquiring the Lot, agrees to hold Declarant harmless therefrom.
2.32 Restriction on Use of Common Area. The Board may prohibit or restrict the use
of the Common Area from time to time, on a non-discriminatory basis, if and to the extent
required for safety or other valid reasons.
2.33 Declarant and Homebuilder Exemption. The provisions of this Article are
intended to restrict certain uses that may be harmful or affect the ambience or aesthetic appeal
of the Property; the restrictions are not intended to prohibit the Declarant or Homebuilders
from performing such work as may be necessary for the development of the Property or the
construction of Improvements thereon. The restrictions in this Article shall not be binding on
Declarant or Homebuilders in the performance of any work required in order to complete
construction of the Property, or any portion thereof.
ARTICLE 3
CONSTRUCTION RESTRICTIONS
3.01 Approval for Construction. Unless prosecuted by the Declarant, no
Improvements shall be constructed upon any Lot without the prior written approval of the
ACC in accordance with Article 7 of this Declaration.
3.02 Masonry Requirements. The masonry requirements for each residence
constructed on a Lot are set forth in the Design Guidelines.
3.03 Minimum Square Footage. The minimum square footage requirements for each
residence constructed on a Lot are set forth in the Design Guidelines.
3.04 Garages. The garage requirements for each residence constructed on a Lot are
set forth in the Design Guidelines.
3.05 Fences; Sidewalks. All fences and walls shall comply with all Applicable Law.
Unless otherwise approved by the ACC, no fence, wall or hedge will be erected or maintained
on any Lot nearer to the street than the front elevation of the residence constructed on the Lot,
except for fences erected in conjunction with the model homes or sales offices. The ACC will
have the sole discretion to determine the front elevation of the residence for the purpose of this
Section 3.05. Fences constructed on corner lots maybe installed one (1) foot from the sidewalk
and/or curb along the side yard adjacent to the street provided that such fencing complies with
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Applicable Law. The fencing requirements for each residence constructed on a Lot are set forth
in the Design Guidelines. If required by the Plat, the Owner of each Lot shall construct, at such
Owner's sole cost and expense and prior to occupying any Improvement, a sidewalk on such
Owner's Lot, located and designed in conformance with the Plat.
3.06 Building Restrictions. All building materials must be approved in advance by
the ACC. All projections from a residence or other structure, including but not limited to
chimney flues, vents, gutters, downspouts, utility boxes, porches, railings and exterior
stairways must, unless otherwise approved by the ACC, match the color of the surface from
which they project. No highly reflective finishes (other than glass, which may not be mirrored)
shall be used on exterior surfaces (other than surfaces of hardware fixtures), including, without
limitation, the exterior surfaces of any Improvements.
3.07 Alteration or Removal of Improvements. Any construction, other than normal
maintenance, which in any way alters the exterior appearance of any Improvement, or the
removal of any Improvement shall be performed only with the prior written approval of the
ACC.
3.08 Drainage. There shall be no interference with the established drainage patterns
over any of the Property, including the Lots, except by Declarant, unless adequate provision is
made for proper drainage and such provision is approved in advance by the ACC. Specifically,
and not by way of limitation, no Improvement, including landscaping, may be installed which
impedes the proper drainage of water between Lots.
3.09 Construction Activities. The Restrictions will not be construed or applied so as
to unreasonably interfere with or prevent normal construction activities during the construction
of Improvements by an Owner (including Declarant or a Homebuilder) upon or within the
Property. Specifically, no such construction activities will be deemed to constitute a nuisance or
a violation of the Restrictions by reason of noise, dust, presence of vehicles or construction
machinery, posting of signs or similar activities, provided that such construction is pursued to
completion with reasonable diligence and conforms to usual construction practices in the area.
In the event that construction upon any Lot does not conform to usual practices in the area as
determined by the ACC in its sole and reasonable judgment, the ACC will have the authority to
seek an injunction to stop such construction. In addition, if during the course of construction
upon any Lot there is excessive accumulation of debris of any kind which would render the Lot
or any portion thereof unsanitary, unsightly, offensive, or detrimental to it or any other portion
of the Property, then the ACC may contract for or cause such debris to be removed, and the
Owner of the Lot will be liable for all reasonable expenses incurred in connection therewith.
3.10 Roofing. The roofing requirements for each residence constructed on a Lot are
set forth in the Design Guidelines.
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3.11 Swimming Pools. Specific swimming pool requirements are set forth in the
Design Guidelines. Any swimming pool constructed on a Lot must be enclosed with a fence or
other enclosure device completely surrounding the swimming pool which, at a minimum,
satisfies all Applicable Law. Nothing in this Section 3.11 is intended or shall be construed to
limit or affect an Owner's obligation to comply with any Applicable Law concerning swimming
pool enclosure requirements. Above -ground or temporary swimming pools are prohibited.
3.12 Solar Energy Device. During the Development Period this Section 3.12 does not
apply and the Declarant must approve in advance and in writing the installation of any solar
energy device or apparatus (a "Solar Energy Device"). Until expiration or termination of the
Development Period, the Declarant may prohibit the installation of any Solar Energy Device.
After expiration or termination of the Development Period, Solar Energy Devices may be
installed with the advance written approval of the ACC.
(a) Application. To obtain ACC approval of a Solar Energy Device, the Owner shall
provide the ACC with the following information: (i) the proposed installation location of the
Solar Energy Device; and (ii) a description of the Solar Energy Device, including the
dimensions, manufacturer, and photograph or other accurate depiction (the "Solar
Application'). A Solar Application may only be submitted by an Owner. The Solar
Application shall be submitted in accordance with the provisions of Article 7 of this
Declaration.
(b) Approval Process. The ACC will review the Solar Application in accordance
with the terms and provisions of Article 7 of this Declaration. The ACC will approve a Solar
Energy Device if the Solar Application complies with Section 3.12(c) below UNLESS the ACC
makes a written determination that placement of the Solar Energy Device, despite
compliance with Section 3.12(c), will create a condition that substantially interferes with the
use and enjoyment of property within the Property by causing unreasonable discomfort or
annoyance to persons of ordinary sensibilities. The ACC's right to make a written
determination in accordance with the foregoing sentence is negated if all Owners of Lots
immediately adjacent to the Owner/applicant provide written approval of the proposed
placement. Any proposal to install a Solar Energy Device on property owned or maintained
by the Association or property owned in common by Members of the Association must be
approved in advance and in writing by the Board, and the Board need not adhere to this
policy when considering any such request.
(c) Approval Conditions. Unless otherwise approved in advance and in writing by
the ACC, each Solar Application and each Solar Energy Device to be installed in accordance
therewith must comply with the following:
(i) The Solar Energy Device must be located on the roof of the residence
located on the Owner's Lot, entirely within a fenced area of the Owner's
Lot, or entirely within a fenced patio located on the Owner's Lot. If the
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Solar Energy Device will be located on the roof of the residence, the ACC
may designate the location for placement unless the location proposed by
the Owner increases the estimated annual energy production of the Solar
Energy Device, as determined by using a publicly available modeling tool
provided by the National Renewable Energy Laboratory, by more than 10
percent above the energy production of the Solar Energy Device if
installed in the location designated by the ACC. If the Owner desires to
contest the alternate location proposed by the ACC, the Owner should
submit information to the ACC which demonstrates that the Owner's
proposed location meets the foregoing criteria. If the Solar Energy Device
will be located in the fenced area of the Owner's Lot or patio, no portion
of the Solar Energy Device may extend above the fence line.
(ii) If the Solar Energy Device is mounted on the roof of the principal
residence located on the Owner's Lot, then: (a) the Solar Energy Device
may not extend higher than or beyond the roofline; (b) the Solar Energy
Device must conform to the slope of the roof and the top edge of the Solar
Device must be parallel to the roofline; (c) the frame, support brackets, or
visible piping or wiring associated with the Solar Energy Device must be
silver, bronze or black.
3.13 Rainwater Harvesting Systems. Rain barrels or rainwater harvesting systems (a
"Rainwater Harvesting System") may be installed with the advance written approval of the
ACC.
(a) Application. To obtain ACC approval of a Rainwater Harvesting System, the
Owner shall provide the ACC with the following information: (a) the proposed installation
location of the Rainwater Harvesting System; and (b) a description of the Rainwater
Harvesting System, including the color, dimensions, manufacturer, and photograph or other
accurate depiction (the "Rain System Application"). A Rain System Application may only
be submitted by an Owner.
(b) Approval Process. The decision of the ACC will be made in accordance with
Article 7 of this Declaration. Any proposal to install a Rainwater Harvesting System on
property owned by the Association or property owned in common by Members of the
Association must be approved in advance and in writing by the Board, and the Board need
not adhere to this policy when considering any such request.
(c) Approval Conditions. Unless otherwise approved in advance and in writing by
the ACC, each Rain System Application and each Rainwater Harvesting System to be
installed in accordance therewith must comply with the following:
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(i) The Rainwater Harvesting System must be consistent with the color
scheme of the residence constructed on the Owner's Lot, as reasonably
determined by the ACC.
(ii) The Rainwater Harvesting System does not include any language or other
content that is not typically displayed on such a device.
(iii) The Rainwater Harvesting System is in no event located between the
front of the residence constructed on the Owner's Lot and any adjoining
or adjacent street.
(iv) There is sufficient area on the Owner's Lot to install the Rainwater
Harvesting System, as reasonably determined by the ACC.
(v) If the Rainwater Harvesting System will be installed on or within the side
yard of a Lot, or would otherwise be visible from a street, the Common
Area, or another Owner's Lot, the ACC may regulate the size, type,
shielding of, and materials used in the construction of the Rainwater
Harvesting System. See Section 3.13(d) for additional guidance.
(d) Guidelines. If the Rainwater Harvesting System will be installed on or within the
side yard of a Lot, or would otherwise be visible from a street, the Common Area, or another
Owner's Lot, the ACC may regulate the size, type, shielding of, and materials used in the
construction of the Rainwater Harvesting System. Accordingly, when submitting a Rain
System Application, the application should describe methods proposed by the Owner to
shield the Rainwater Harvesting System from the view of any street, Common Area, or
another Owner's Lot. When reviewing a Rain System Application for a Rainwater
Harvesting System that will be installed on or within the side yard of a Lot, or would
otherwise be visible from a street, the Common Area, or another Owner's Lot, any additional
requirements imposed by the ACC to regulate the size, type, shielding of, and materials used
in the construction of the Rainwater Harvesting System, may notrp ohibit the economic
installation of the Rainwater Harvesting System, as reasonably determined by the ACC.
ARTICLE 4
GRANADA RESIDENTIAL COMMUNITY, INC.
4.01 Organization. The Association will be a nonprofit corporation created for the
purposes, charged with the duties, and vested with the powers of a Texas non-profit
corporation. Neither the Certificate nor Bylaws will for any reason be amended or otherwise
changed or interpreted so as to be inconsistent with this Declaration.
4.02 Membership.
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(a) Mandatory Membership. Any person or entity, upon becoming an
Owner, will automatically become a Member of the Association. Membership will be
appurtenant to and will run with the ownership of the Lot that qualifies the Owner thereof for
membership, and membership may not be severed from the ownership of the Lot, or in any
way transferred, pledged, mortgaged or alienated, except together with the title to such Lot.
If you acquire a Lot you automatically become a member of the Association.
Membership is Mandatory!
(b) Easement of Enjoyment — Common Area. Every Member will have a
right and easement of enjoyment in and to all of the Common Area and an access easement
by and through any Common Area, which easements will be appurtenant to and will pass
with the title to such Member's Lot, subject to the following restrictions and reservations:
(i) The right of the Declarant to cause such Improvements and features to be
constructed upon the Common Area, as determined from time to time by
the Declarant, in the Declarant's sole and absolute discretion;
(ii) The right of the Association to suspend the right to use the Common Area
for any period during which any Assessment against such Member's Lot
remains past due and for any period during which such member is in
violation of any provision of this Declaration;
(iii) The right of the Association and Declarant (during the Development
Period) to dedicate or transfer all or any part of the Common Area to any
public agency, authority or utility for any purpose;
(iv) The right of the Association and Declarant (during the Development
Period) to grant easements or licenses over and across the Common Area;
(v) The right of the Association to borrow money for the purpose of
improving the Common Area and, in furtherance thereof, mortgage the
Common Area;
(vi) The right of the Declarant, during the Development Period, and the
Board thereafter, to promulgate Rules regarding the use of the Common
Area and any Improvements thereon; and
(vii) The right of the Association to contract for services with any third parties
on such terms as the Association may determine.
4.03 Governance. The Board will consist of at least three (3) persons elected at the
annual meeting of the Association, or at a special meeting called for such purpose.
Notwithstanding the foregoing provision or any provision in this Declaration to the contrary,
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Declarant will have the sole right to appoint and remove all members of the Board until the
10`h anniversary of the date this Declaration is Recorded. No later than the 10i6 anniversary of
the date this Declaration is Recorded, or sooner as determined by Declarant, the Board will
hold a meeting of Members of the Association for the purpose of electing one-third of the
Board (the "Initial Member Election Meeting"), which Board member(s) must be elected by
Owners other than the Declarant. Declarant shall continue to have the sole right to appoint
and remove two-thirds of the Board from and after the Initial Member Election Meeting until
expiration or termination of the Development Period.
4.04 Voting Rights. The right to cast votes and the number of votes which may be
cast for election of members to the Board (except as provided by Section 4.03) and on all other
matters to be voted on by the Members will be calculated as set forth below.
(i) The Owner of each Lot will have one (1) vote for each Lot so owned.
(ii) In addition to the votes to which Declarant is entitled by reason of Section
4.04(i), for every one (1) vote outstanding in favor of any other person or
entity, Declarant will have four (4) additional votes until the expiration or
termination of the Development Period.
(iii) When more than one person or entity owns a portion of the fee simple
interest in any Lot, all such persons or entities will be Members. The vote
or votes (or fraction thereof) for such Lot will be exercised by the person
so designated in writing to the Secretary of the Association by the Owner
of such Lot, and in no event will the vote for such Lot exceed the total
votes to which such Lot is otherwise entitled under this Section 4.04.
4.05 Powers. The Association will have the powers of a Texas nonprofit corporation.
It will further have the power to do and perform any and all acts that may be necessary or
proper, for or incidental to, the exercise of any of the express powers granted to it by
Applicable Law or this Declaration. Without in any way limiting the generality of the two
preceding sentences, the Board, acting on behalf of the Association, will have the following
powers at all times:
(a) Rules. Bylaws and Community Manual. To make, establish and
promulgate, and in its discretion to amend from time to time, or repeal and re-enact, such
rules, regulations, Bylaws and Community Manual not in conflict with this Declaration, as it
deems proper, covering any and all aspects of the Property (including the operation,
maintenance and preservation thereof) or the Association. Any Rules, and any
modifications to existing Rules, or the Bylaws proposed by the Board must be approved in
advance and in writing by the Declarant until expiration or termination of the Development
Period.
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(b) Insurance. To obtain and maintain in effect, policies of insurance that, in
the opinion of the Board, are reasonably necessary or appropriate to carry out the
Association's functions.
(c) Records. To keep books and records of the Association's affairs, and to
make such books and records, together with current copies of the Restrictions available for
inspection by the Owners, Mortgagees, and insurers or guarantors of any Mortgage upon
request during normal business hours.
(d) Assessments. To levy and collect assessments, as provided in Article 6
below.
(e) Right of Entry and Enforcement. To enter at any time without notice in
an emergency (or in the case of a non -emergency, after twenty-four (24) hours written
notice), without being liable to any Owner or Resident, upon any Lot and into any
Improvement thereon for the purpose of enforcing the Restrictions or for the purpose of
maintaining or repairing any area, Improvement or other facility to conform to the
Restrictions. The expense incurred by the Association in connection with the entry upon any
Lot and the maintenance and repair work conducted thereon or therein will be a personal
obligation of the Owner of the Lot so entered, will be deemed an Individual Assessment
against such Lot, will be secured by a lien upon such Lot, and will be enforced in the same
manner and to the same extent as provided in Article 6 hereof for Assessments. The
Association will have the power and authority from time to time, in its own name and on its
own behalf, or in the name of and on behalf of any Owner who consents thereto, to
commence and maintain actions and suits to enforce, by mandatory injunction or otherwise,
or to restrain and enjoin, any breach or threatened breach of the Restrictions. The
Association is also authorized to settle claims, enforce liens and take all such action as it may
deem necessary or expedient to enforce the Restrictions; provided, however, that the Board
will never be authorized to expend any Association funds for the purpose of bringing suit
against Declarant, or its successors or assigns. The Association may not alter or demolish
any Improvements on any Lot other than Common Area in enforcing these Restrictions
before a judicial order authorizing such action has been obtained by the Association, or
before the written consent of the Owner(s) of the affected Lot(s) has been obtained. EACH
SUCH OWNER AND RESIDENT WILL INDEMNIFY AND HOLD HARMLESS THE
ASSOCIATION, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM
ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION
INCURRED OR THAT MAY ARISE BY REASON OF THE ASSOCIATION'S ACTS OR
ACTIVITIES UNDER THIS SECTION 4.05(e) (INCLUDING ANY COST, EXPENSE,
LIABILITY, CLAIM OR CAUSE OF ACTION ARISING OUT OF THE ASSOCIATION'S
NEGLIGENCE IN CONNECTION THEREWITH), EXCEPT FOR SUCH COST, LOSS,
DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION ARISING BY
REASON OF THE ASSOCIATION'S GROSS NEGLIGENCE OR WILLFUL
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MISCONDUCT. "GROSS NEGLIGENCE" DOES NOT INCLUDE SIMPLE
NEGLIGENCE, CONTRIBUTORY NEGLIGENCE OR SIMILAR NEGLIGENCE SHORT
OF ACTUAL GROSS NEGLIGENCE.
(f) Leal and Accounting Services. To retain and pay for legal and
accounting services necessary or proper in the operation of the Association.
(g) Conveyances. To grant and convey to any person or entity the real
property and/or other interest, including fee title, leasehold estates, easements, rights-of-way
or mortgages, out of, in, on, over, or under any Common Area for the purpose of
constructing, erecting, operating or maintaining the following:
(i) Parks, parkways or other recreational facilities or structures;
(ii) Roads, streets, sidewalks, signs, street lights, walks, driveways, trails and
paths;
(iii) Lines, cables, wires, conduits, pipelines or other devices for utility
purposes;
(iv) Sewers, water systems, storm water drainage systems, sprinkler systems
and pipelines; and/or
(v) Any similar Improvements or facilities.
Nothing set forth above, however, will be construed to permit use or
occupancy of any Improvement or other facility in a way that would violate applicable use
and occupancy restrictions imposed by the Restrictions or by Applicable Law. In addition,
until expiration or termination of the Development Period, any grant or conveyance under
this Section 4.05(g) must be approved in advance and in writing by the Declarant.
(h) Manager. To retain and pay for the services of a person or firm (the
"Manager"), which may include Declarant or any affiliate of Declarant, to manage and
operate the Association, including its property, to the extent deemed advisable by the Board.
Personnel may be employed directly by the Association or may be furnished by the
Manager. Each contract entered into between the Association and the Manager will be
terminable by the Association without cause upon sixty (60) days written notice to the
Manager. To the extent permitted by Applicable Law, the Board may delegate any other
duties, powers and functions to the Manager. In addition, the Board may adopt transfer
fees, resale certificate fees or any other fees associated with the provision of management
services to the Association or its Members. THE MEMBERS HEREBY RELEASE THE
ASSOCIATION AND THE MEMBERS OF THE BOARD AND COMMITTEE MEMBERS
FROM LIABILITY FOR ANY OMISSION OR IMPROPER EXERCISE BY THE
MANAGER OF ANY SUCH DUTY, POWER OR FUNCTION SO DELEGATED.
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(i) Property Services. To pay for water, sewer, garbage removal, street
lights, landscaping, gardening and all other utilities, services, repair and maintenance for
any portion of the Property, Common Area, private or public recreational facilities,
easements, roads, roadways, rights -of -ways, signs, parks, parkways, median strips,
sidewalks, paths, trails, ponds, and lakes.
(j) Other Services and Properties. To obtain and pay for any other property
and services, and to pay any other taxes or assessments that the Association or the Board is
required or permitted to secure or to pay for pursuant to Applicable Law or under the terms
of the Restrictions or as determined by the Board.
(k) Construction on Common Area. To construct new Improvements or
additions to any property owned, leased, or licensed by the Association, subject to the
approval of the Board and the Declarant until expiration or termination of the Development
Period.
(1) Contracts. To enter into Bulk Rate Contracts or other contracts or licenses
with Declarant or any third party on such terms and provisions as the Board will determine,
to operate and maintain any Common Area or other property, or to provide any service,
including but not limited to cable, utility, or telecommunication services, or perform any
function on behalf of Declarant, the Board, the Association, or the Members. During the
Development Period, all Bulk Rate Contracts must be approved in advance and in writing by
the Declarant.
(m) Property Ownership. To acquire, own and dispose of all manner of real
and personal property, including habitat, whether by grant, lease, easement, gift or
otherwise. During the Development Period, all acquisitions and dispositions of the
Association hereunder must be approved in advance and in writing by the Declarant.
(n) Rules. To establish Rules governing and limiting the use of the Common
Area and any Improvements thereon.
4.06 Acceptance of Common Area. The Association may acquire, hold, and dispose
of any interest in tangible and intangible personal property and real property. Declarant and its
assignees may transfer or convey to the Association interests in real or personal property within
or for the benefit of the Property, or the Property and the general public, and the Association
will accept such transfers and conveyances. Such property may be improved or unimproved
and may consist of fee simple title, easements, leases, licenses, or other real or personal property
interests. Such property will be accepted by the Association and thereafter will be maintained
as Common Area by the Association for the benefit of the Property and/or the general public
subject to any restrictions set forth in the deed or other instrument transferring or assigning
such property to the Association. Upon Declarant's written request, the Association will re-
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convey to Declarant any unimproved real property that Declarant originally conveyed to the
Association, as determined in the sole and absolute discretion of the Declarant.
4.07 Indemnification. To the fullest extent permitted by Applicable Law but without
duplication (and subject to) any rights or benefits arising under the Certificate or Bylaws of the
Association, the Association will indemnify any person who was, or is, a party, or is threatened
to be made a party to any threatened pending or completed action, suit or proceeding, whether
civil, criminal, administrative or investigative by reason of the fact that he is, or was, a director,
officer, committee member, employee, servant or agent of the Association against expenses,
including attorneys' fees, reasonably incurred by him in connection with such action, suit or
proceeding if it is found and determined by the Board or a court of competent jurisdiction that
he or she: (i) acted in good faith and in a manner he or she reasonably believed to be in, or not
opposed to, the best interests of the Association; or (ii) with respect to any criminal action or
proceeding, had no reasonable cause to believe his or her conduct was unlawful. The
termination of any action, suit or proceeding by settlement, or upon a plea of nolo contendere or
its equivalent, will not of itself create a presumption that the person did not act in good faith or
in a manner which was reasonably believed to be in, or not opposed to, the best interests of the
Association or, with respect to any criminal action or proceeding, had reasonable cause to
believe that his or her conduct was unlawful.
4.08 Insurance. The Board may purchase and cause to be maintained, at the expense
of the Association, insurance on behalf of any person who is acting as a director, officer,
committee member, employee, servant or agent of the Association against any liability asserted
against or incurred by such person in any such capacity, or arising out of such person's status as
such, whether or not the Association would have the power to indemnify such person against
such liability or otherwise.
4.09 Bulk Rate Contracts. Without limitation on the generality of the Association
powers set out in Section 4.05 hereinabove (except that during the Development Period, all Bulk
Rate Contracts must be approved in advance and in writing by the Declarant), the Association
will have the power to enter into Bulk Rate Contracts at any time and from time to time. The
Association may enter into Bulk Rate Contracts with any service providers chosen by the Board
(including Declarant, and/or any entities in which Declarant, or the owners or partners of
Declarant are owners or participants, directly or indirectly). The Bulk Rate Contracts may be
entered into on such terms and provisions as the Board may determine in its sole and absolute
discretion. The Association may, at its option and election, add the charges payable by such
Owner under such Bulk Rate Contract to the Assessments against such Owner's Lot. In this
regard, it is agreed and understood that, if any Owner fails to pay any charges due by such
Owner under the terms of any Bulk Rate Contract, then the Association will be entitled to
collect such charges by exercising the same rights and remedies it would be entitled to exercise
under this Declaration with respect to the failure by such Owner to pay Assessments, including
without limitation the right to foreclose the lien against such Owner's Lot which is reserved
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under the terns and provisions of this Declaration. In addition, in the event of nonpayment by
any Owner of any charges due under any Bulk Rate Contract and after the lapse of at least
twelve (12) days since such charges were due, the Association may, upon five (5) days' prior
written notice to such Owner (which may run concurrently with such 12 day period), in
addition to all other rights and remedies available pursuant to Applicable Law, terminate, in
such manner as the Board deems appropriate, any utility service or other service provided at
the cost of the Association and not paid for by such Owner (or the Resident of such Owner's
Lot) directly to the applicable service or utility provider. Such notice will consist of a separate
mailing or hand delivery at least five (5) days prior to a stated date of termination, with the title
"termination notice" or similar language prominently displayed on the notice. The notice will
include the office or street address where the Owner (or the Resident of such Owner's Lot) can
make arrangements for payment of the bill and for re -connection or re -institution of service. No
utility or cable television service will be disconnected on a day, or immediately preceding a day,
when personnel are not available for the purpose of collection and reconnecting such services.
4.10 Community Systems. The Association is specifically authorized to provide, or
to enter into contracts to provide Community Systems. Any such contracts may provide for
installation, operation, management, maintenance, and upgrades or modifications to the
Community Systems as the Board determines appropriate. Each Owner acknowledges that
interruptions in Community Systems and services will occur from time to time. Declarant and
the Association, or any of their respective successors or assigns shall not be liable for, and no
Community System or service user shall be entitled to refund, rebate, discount, or offset in
applicable fees for, any interruption in Community Systems and services, regardless of whether
or not such interruption is caused by reasons within the service provider's control.
4.11 Declarant's Right to Contribute to Revenues of the Association. Declarant
shall have the right, but not the obligation, in its sole discretion and from time to time, to
contribute to the revenues of the Association. At the option of Declarant, such contribution may
be reflected on the books and records of the Association as a loan, in which event it shall be
repaid by the Association to Declarant, at the discretion of Declarant. If treated as a loan, the
contribution shall accrue interest, compounded monthly, from the date it is made until the date
of its repayment, at the short term Applicable Federal Rate ("AFR"), as published by the
Internal Revenue Service, and adjusted each month to reflect the AFR for such month.
4.12 Protection of Declarant's Interests. Despite any assumption of control of the
Board by Owners other than Declarant, until the expiration or termination of the Development
Period, the Board is prohibited from taking any action which would discriminate against
Declarant, or which would be detrimental to the sale of Lots owned by Declarant. Declarant
shall be entitled to determine, in its sole and absolute discretion, whether any such action
discriminates or is detrimental to Declarant. The Board will be required to continue the same
level and quality of maintenance, operations and services as that provided immediately prior to
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assumption of control of the Board by Owners other than Declarant until the expiration or
termination of the Development Period.
4.13 Administration of Common Area. The administration of the Common Area by
the Association shall be in accordance with the provisions of Applicable Law and the
Restrictions, and of any other agreements, documents, amendments or supplements to the
foregoing which may be duly adopted or subsequently required by any institutional or
governmental lender, purchaser, insurer or guarantor of mortgage loans (including, for
example, the Federal Home Loan Mortgage Corporation) designated by Declarant or by any
governmental or quasi -governmental agency having regulatory jurisdiction over the Common
Area or by any title insurance company selected by Declarant to insure title to any portion of
the Common Area.
4.14 Private Streets. The Association shall be obligated to maintain the Private
Streets in a good and functioning condition and in compliance with Applicable Law. The
Private Streets shall provide perpetual access to all Lots for police and other emergency
vehicles, public and private utility maintenance and service personnel, solid waste collection
services, the U.S. Postal Service, and government employees in pursuit of their official duties.
Access to the Private Streets for the persons and entities referenced in the preceding sentence
shall be reasonably provided by the Association.
4.15 Notices and Disclaimers as to Security Systems. NEITHER THE DECLARANT,
A HOMEBUILDER, NOR THE ASSOCIATION, OR THEIR SUCCESSORS OR ASSIGNS
GUARANTEE OR WARRANT, EXPRESSLY OR IMPLIEDLY, THE MERCHANTABILITY OR
FITNESS FOR USE OF ANY SUCH SECURITY SYSTEM OR SERVICES, OR THAT ANY
SYSTEM OR SERVICES WILL PREVENT INTRUSIONS NOTIFY AUTHORITIES OF FIRES OR
OTHER OCCURRENCES, OR THE CONSEQUENCES OF SUCH OCCURRENCES,
REGARDLESS OF WHETHER OR NOT THE SYSTEM OR SERVICES ARE DESIGNED TO
MONITOR SAME; AND EVERY OWNER OR RESIDENT OF PROPERTY RECEIVING
SECURITY SERVICES THROUGH THE COMMUNITY SYSTEMS ACKNOWLEDGES THAT
NEITHER THE DECLARANT, A HOMEBUILDER, NOR THE ASSOCIATION, OR ANY OR
THEIR SUCCESSORS OR ASSIGNS ARE INSURERS OF THE OWNER OR RESIDENT'S
PROPERTY OR OF THE PROPERTY OF OTHERS LOCATED ON THE LOT AND WILL NOT
BE RESPONSIBLE OR LIABLE FOR LOSSES, INJURIES OR DEATHS RESULTING FROM
SUCH OCCURRENCES. It is extremely difficult and impractical to determine the actual
damages, if any, which may proximately result from a failure on the party of a security service
provider to perform any of its obligations with respect to security services and, therefore, every
Owner or Resident of property receiving security services through the Community Systems
agrees that neither the Declarant, a Homebuilder, nor the Association, or their successors or
assigns assumes liability for loss or damage to property or for personal injury or death to
persons due to any reason, including, without limitation, failure in transmission of an alarm,
interruption of security service or failure to respond to an alarm because of: (a) any failure of
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the Owner's security system; (b) any defective or damaged equipment, device, line or circuit; (c)
negligence, active or otherwise, of the security service provider or its officers, agents or
employees; or (d) fire, flood, riot, war, act of God or other similar causes which are beyond the
control of the security service provider. Every Owner and Resident obtaining security services
through the Community Systems further agrees for himself, his grantees, tenants, guests,
invitees, licensees and family members that if any loss or damage should result from a failure of
performance or operation, or from defective performance or operation, or from improper
installation, monitoring or servicing of the system, or from negligence, active or otherwise, of
the security service provider or its officers, agents, or employees, the liability, if any, of the
Declarant, a Homebuilder, the Association, or their successors or assigns for loss, damage,
injury or death shall be limited to a sum not exceeding Two Hundred Fifty U.S. Dollars
($250.00), which limitation apply irrespective of the cause or origin of the loss or damage and
notwithstanding that the loss or damage results directly or indirectly from negligent
performance, active or otherwise, or non-performance by an officer, agent or employee of
Declarant, a Homebuilder, or the Association, or their successors or assigns. Further, in no
event will Declarant, a Homebuilder, the Association, or their successors or assigns be liable for
consequential damages, wrongful death, personal injury or commercial loss.
ARTICLE 5
INSURANCE
5.01 Insurance. Each Owner will be required to purchase and maintain commercially
standard insurance on the Improvements located upon such Owner's Lot. The Association will
not be required to maintain insurance on the Improvements constructed upon any Lot. The
Association may, however, obtain such insurance as it may deem necessary, including but not
limited to such policies of liability and property damage insurance as the Board, in its
discretion, may deem necessary. Insurance premiums for such policies will be a common
expense to be included in the assessments levied by the Association. The acquisition of
insurance by the Association will be without prejudice to the right and obligation of any Owner
to obtain additional individual insurance.
5.02 Restoration. In the event of any fire or other casualty, unless otherwise
approved by the ACC, the Owner will promptly repair, restore and replace any damaged or
destroyed structures to their same exterior condition existing prior to the damage or destruction
thereof. Such repair, restoration or replacement will be commenced and completed in a good
and workmanlike manner and diligently pursed to completion using exterior materials identical
to those originally used in the structures damaged or destroyed. To the extent that the Owner
fails to commence such repair, restoration or replacement of substantial or total damage or
destruction within one hundred and twenty (120) days after the occurrence of such damage or
destruction, and thereafter prosecute same to completion, or if the Owner does not clean up any
debris resulting from any damage within thirty (30) days after the occurrence of such damage,
the Association may commence, complete or effect such repair, restoration, replacement or
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clean-up, and such Owner will be personally liable to the Association for the cost of such work;
provided, however, that if the Owner is prohibited or delayed by Applicable Law from
commencing such repair, restoration, replacement or clean-up, the rights of the Association
under this provision will not arise until the expiration of thirty (30) days after such prohibition
or delay is removed. If the Owner fails to pay such cost upon demand by the Association, the
cost thereof (plus interest from the date of demand until paid at the maximum lawful rate, or if
there is no such maximum lawful rate, than at the rate of one and one-half percent (11h%) per
month) will be added to the Assessment chargeable to the Owner's Lot. Any such amounts
added to the Assessments chargeable against a Lot will be secured by the liens reserved in the
Declaration for Assessments and may be collected by any means provided in this Declaration
for the collection of Assessments, including, but not limited to, foreclosure of such liens against
the Owner's Lot. EACH SUCH OWNER WILL INDEMNIFY AND HOLD HARMLESS THE
ASSOCIATION AND ITS OFFICERS, DIRECTORS, COMMITTEE MEMBERS,
EMPLOYEES AND AGENTS FROM ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY,
CLAIM OR CAUSE OF ACTION INCURRED OR THAT MAY ARISE BY REASON OF THE
ASSOCIATION'S ACTS OR ACTIVITIES UNDER THIS SECTION 5.02, EXCEPT FOR
SUCH COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR COST OF ACTION
ARISING BY REASON OF THE ASSOCIATION'S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT. "GROSS NEGLIGENCE" AS USED HEREIN DOES NOT INCLUDE
SIMPLE NEGLIGENCE, CONTRIBUTORY NEGLIGENCE OR SIMILAR NEGLIGENCE
SHORT OF ACTUAL GROSS NEGLIGENCE.
5.03 Mechanic's and Materialmen's Lien. Each Owner whose structure is repaired,
restored, replaced or cleaned up by the Association pursuant to the rights granted under this
Article 5, hereby grants to the Association an express mechanic's and materialmen's lien for the
reasonable cost of such repair, restoration, or replacement of the damaged or destroyed
Improvement to the extent that the cost of such repair, restoration or replacement exceeds any
insurance proceeds allocable to such repair, restoration or replacement and delivered to the
Association. Upon request by the Board, and before the commencement of any reconstruction,
repair, restoration or replacement, such Owner will execute all documents sufficient to
effectuate such mechanic's and materialmen's lien in favor of the Association.
ARTICLE 6
COVENANT FOR ASSESSMENTS
6.01 Assessments.
(a) Established by Board. Assessments established by the Board pursuant to
the provisions of this Article 6 will be levied against each Lot in amounts determined
pursuant to Section 6.08 below. The total amount of Assessments will be determined by the
Board pursuant to Section 6.03, 6.04, 6.05, 6.06 and/or 6.07.
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(b) Personal Obligation; Lien. Each Assessment, together with such interest
thereon and costs of collection as hereinafter provided, will be the personal obligation of the
Owner of the Lot against which the Assessment is levied and will be secured by a lien
hereby granted and conveyed by Declarant to the Association against each such Lot and all
Improvements thereon. The Association may enforce payment of such Assessments in
accordance with the provisions of this Article.
6.02 Maintenance Fund. The Board will establish a maintenance fund into which will
be deposited all monies paid to the Association and from which disbursements will be made in
performing the functions of the Association under this Declaration. The funds of the
Association may be used for any purpose authorized by the Restrictions and the Applicable
Law.
6.03 Regular Assessments. Prior to the beginning of each fiscal year, the Board will
estimate the expenses to be incurred by the Association during such year in performing its
functions and exercising its powers under the Restrictions, including, but not limited to, the cost
of all management, repair and maintenance, the cost of providing street and other lighting, the
cost of administering and enforcing the Restrictions, and will estimate the amount needed to
maintain a reasonable provision for contingencies and an appropriate replacement reserve, and
will give due consideration to any expected income and any surplus from the prior year's fund.
Regular Assessments sufficient to pay such estimated net expenses will then be levied at the
level set by the Board in its sole and absolute discretion, and the Board's determination will be
final and binding so long as it is made in good faith. If the sums collected prove inadequate for
any reason, including nonpayment of any Individual Assessment by any Owner, the
Association may at any time, and from time to time, levy further Regular Assessments in the
same manner. All such Regular Assessments will be due and payable to the Association at the
beginning of the fiscal year or during the fiscal year in equal monthly installments on or before
the first day of each month, or in such other manner as the Board may designate in its sole and
absolute discretion.
6.04 Working Capital Assessment. Each Owner (other than Declarant) of a Lot will
pay a one-time working capital assessment to the Association in such amount as may be
determined by the Board from time to time in its sole and absolute discretion. Such working
capital assessment need not be uniform among all Lots, and the Board is expressly authorized
to levy working capital assessments of varying amounts depending on the size, use and general
character of the Lots then being made subject to the levy. The levy of any working capital
assessment will be effective only upon the Recordation of a written notice, signed by a duly
authorized officer of the Association, setting forth the amount of the working capital assessment
and the Lots to which it applies.
Notwithstanding the foregoing provision, the following transfers will not be subject to
the working capital assessment: (i) foreclosure of a deed of trust lien, tax lien, or the
Association's assessment lien; (ii) transfer to, from, or by the Association; (iii) voluntary transfer
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by an Owner to one or more co-owners, or to the Owner's spouse, child, or parent.
Additionally, an Owner who (i) is a Homebuilder; or (ii) acquires a Lot for the purpose of resale
to a Homebuilder (a "Development Owner') will not be subject to the working capital
assessment; however, the working capital assessment will be payable by any Owner who
acquires a Lot from a Homebuilder or Development Owner for residential living purposes or by
any Owner who: (i) acquires a Lot and is not in the business of constructing single-family
residences for resale to a third party; or (ii) who acquires the Lot for any purpose other than
constructing a single-family residence thereon for resale to a third party. The working capital
assessment will be in addition to, not in lieu of, any other assessments levied in accordance with
this Article 6 and will not be considered an advance payment of such assessments. The working
capital assessment hereunder will be due and payable by the transferee to the Association
immediately upon each transfer of title to the Lot, including upon transfer of title from one
Owner of such Lot to any subsequent purchaser or transferee thereof. The Declarant during the
Development Period, and thereafter the Board, will have the power to waive the payment of
any working capital assessment attributable to a Lot (or all Lots) by the Recordation of a waiver
notice, which waiver may be temporary or permanent.
6.05 Amenity Reimbursement Fee. Each Owner who acquires a Lot from the
Declarant will pay a one-time amenity reimbursement fee to the Declarant in the amount of
$750.00 per Lot owned by such Owner. The amenity reimbursement fee will be in addition to,
not in lieu of, any other Assessments levied in accordance with this Article 6 and will not be
considered an advance payment of any such Assessments. The amenity reimbursement fee is
part of the consideration for the transfer of the Lot from Declarant to the Owner. The amenity
reimbursement fee will be due and payable to the Declarant immediately upon transfer of title
to the Lot. Declarant may the payment of any amenity reimbursement fee attributable to a Lot
by the recordation in the Official Public Records of Tarrant County, Texas, of a waiver notice
executed by the Declarant.
6.06 Special Assessments. In addition to the regular annual Assessments provided
for above, the Board may levy special Assessments whenever in the Board's opinion such
special Assessments are necessary to enable the Board to carry out the functions of the
Association under the Restrictions. The amount of any special Assessments will be at the
reasonable discretion of the Board. In addition to the special Assessments authorized above, the
Association may, in any fiscal year, levy a special Assessment applicable to that fiscal year only
for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction,
repair or replacement of a capital improvement upon the Common Area.
6.07 Individual Assessments. In addition to any other Assessments, the Board may
levy an Individual Assessment against an Owner and the Owner's Lot. Individual Assessments
may include, but are not limited to: interest, late charges, and collection costs on delinquent
Assessments; reimbursement for costs incurred in bringing an Owner or the Owner's Lot into
compliance with the Declaration; fines for violations of the Restrictions; transfer -related fees
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and resale certificate fees; fees for estoppel letters and project documents; insurance deductibles;
reimbursement for damage or waste caused by willful or negligent acts of the Owner, the
Owner's guests, invitees or Residents of the Owner's Lot; common expenses that benefit fewer
than all of the Lots, which may be assessed according to benefit received; fees or charges levied
against the Association on a per -Lot basis; and "pass through' expenses for services to Lots
provided through the Association and which are equitably paid by each Lot according to the
benefit received.
6.08 Amount of Assessment.
(a) Assessments to be Levied. The Board shall levy Assessments against each
"Assessment Unit" (as defined in Section 6.08(6) below). Unless otherwise provided in this
Declaration, Assessments levied pursuant to Section 6.03 and Section 6.06 shall be levied
uniformly against each Assessment Unit allocated to a Lot.
(b) Assessment Unit. Each Lot shall constitute one "Assessment Unit" unless
otherwise provided in Section 6.08(c) and W.
(c) Assessment Exemption. Notwithstanding anything in this Declaration to the
contrary, no Assessments shall be levied upon Lots owned by Declarant.
(d) Other Exemptions. Declarant may, in its sole discretion, elect to: (i) exempt any
un -platted or unimproved portion of the Property or any Lot from any Assessments levied
or charged pursuant to this Article 6; or (ii) delay the levy of Assessments against any un -
platted, unimproved or improved portion of the Property. Declarant or the Board may also
exempt any portion of the Property which_ is dedicated and accepted by public authority
from Assessments.
6.09 Late Charges. If any Assessment is not paid by the due date applicable thereto,
the Owner responsible for the payment may be required by the Board, at the Board's election at
any time and from time to time, to pay a late charge in such amount as the Board may
designate, and the late charge (and any reasonable handling costs) will be levied as an
Individual Assessment against the Lot owned by such Owner, collectible in the manner as
provided for collection of Assessments, including foreclosure of the lien against such Lot;
provided, however, such charge will never exceed the maximum charge permitted under
Applicable Law.
6.10 Owner's Personal Obligation; Interest. Assessments levied as provided for
herein will be the personal and individual debt of the Owner of the Lot against which are levied
such Assessments. No Owner may exempt himself from liability for such Assessments. In the
event of default in the payment of any such Assessment, the Owner of the Lot will be obligated
to pay interest on the amount of the Assessment at the highest rate allowed by applicable usury
laws then in effect on the amount of the Assessment from the due date therefor (or if there is no
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such highest rate, then at the rate of one and one half percent (1 1/2%)per month), together with
all costs and expenses of collection, including reasonable attorney's fees. Such amounts will be
levied as an Individual Assessment against the Lot owned by such Owner.
6.11 Assessment Lien and Foreclosure. The payment of all sums assessed in the
manner provided in this Article is, together with late charges as provided in Section 6.09 and
interest as provided in Section 6.10 hereof and all costs of collection, including attorney's fees as
herein provided, secured by the continuing Assessment lien granted to the Association
pursuant to Section 6.01(b) above, and will bind each Lot in the hands of the Owner thereof, and
such Owner's heirs, personal representatives, successors or assigns. The aforesaid lien will be
superior to all other liens and charges against such Lot, except only for: (i) tax liens; (ii) all sums
secured by a first mortgage lien or first deed of trust lien of record, to the extent such lien
secures sums borrowed for the acquisition or improvement of the Lot in question and (iii) home
equity loans or home equity lines of credit which are secured by a second mortgage lien or
second deed of trust lien of record; provided that, in the case of subparagraphs (ii) and (iii)
above, such Mortgage was Recorded before the delinquent Assessment was due. The
Association will have the power to subordinate the aforesaid Assessment lien to any other lien.
Such power will be entirely discretionary with the Board, and such subordination may be
signed by an officer, agent, or attorney of the Association. The Association may, at its option
and without prejudice to the priority or enforceability of the Assessment lien granted
hereunder, prepare a written notice of Assessment lien setting forth the amount of the unpaid
indebtedness, the name of the Owner of the Lot covered by such lien and a description of the
Lot. Such notice may be signed by one of the officers, agents, or attorneys of the Association
and will be Recorded. Each Owner, by accepting a deed or ownership interest to a Lot subject
to this Declaration, will be deemed conclusively to have granted a power of sale to the
Association to secure and enforce the Assessment lien granted hereunder. The Assessment
liens and rights to foreclosure thereof will be in addition to and not in substitution of any other
rights and remedies the Association may have by law and under this Declaration, including the
rights of the Association to institute suit against such Owner personally obligated to pay the
Assessment and/or for foreclosure of the aforesaid lien. In any foreclosure proceeding, such
Owner will be required to pay the costs, expenses and reasonable attorney's fees incurred. The
Association will have the power to bid (in cash or by credit against the amount secured by the
lien) on the property at foreclosure or other legal sale and to acquire, hold, lease, mortgage,
convey or otherwise deal with the same. Upon the written request of any Mortgagee, the
Association will report to said Mortgagee any unpaid Assessments remaining unpaid for longer
than sixty (60) days after the same are due. The lien hereunder will not be affected by the sale
or transfer of any Lot; except, however, that in the event of foreclosure of any lien superior to
the Assessment lien, the lien for any Assessments that were due and payable before the
foreclosure sale will be extinguished, provided that past -due Assessments will be paid out of
the proceeds of such foreclosure sale only to the extent that hinds are available after the
satisfaction of the indebtedness secured by the Mortgage. The provisions of the preceding
sentence will not, however, relieve any subsequent Owner (including any Mortgagee or other
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purchaser at a foreclosure sale) from paying Assessments becoming due and payable after the
foreclosure sale. Upon payment of all sums secured by a lien of the type described in this
Section 6.11, the Association will upon the request of the Owner execute a release of lien relating
to any lien for which written notice has been Recorded as provided above, except in
circumstances in which the Association has already foreclosed such lien. Such release will be
signed by an officer, agent, or attorney of the Association. In addition to the lien hereby
retained, in the event of nonpayment by any Owner of any Assessment and after the lapse of at
least twelve (12) days since such payment was due, the Association may, upon five (5) days'
prior written notice (which may run concurrently with such twelve (12) day period) to such
Owner, in addition to all other rights and remedies available pursuant to Applicable Law,
terminate, in such manner as the Board deems appropriate, any utility or cable service provided
through the Association and not paid for directly by a Owner or Resident to the utility provider.
Such notice will consist of a separate mailing or hand delivery at least five (5) days prior to a
stated date of disconnection, with the title "termination notice' or similar language prominently
displayed on the notice. The notice will include the office or street address where the Owner or
the Resident of the Owner's Lot can make arrangements for payment of the bill and for
reconnection of service. Utility or cable service will not be disconnected on a day, or
immediately preceding a day, when personnel are not available for the purpose of collection
and reconnecting such services. Except as otherwise provided by Applicable Law, the sale or
transfer of a Lot will not relieve the Owner of such Lot or such Owner's transferee from liability
for any Assessments thereafter becoming due or from the lien associated therewith. If an
Owner conveys its Lot and on the date of such conveyance Assessments against the Lot remain
unpaid, or said Owner owes other sums or fees under this Declaration to the Association, the
Owner will pay such amounts to the Association out of the sales price of the Lot, and such sums
will be paid in preference to any other charges against the Lot other than liens superior to the
Assessment lien and charges in favor of the State of Texas or a political subdivision thereof for
taxes on the Lot which are due and unpaid. The Owner conveying such Lot will remain
personally liable for all such sums until the same are fully paid, regardless of whether the
transferee of the Lot also assumes the obligation to pay such amounts. The Board may adopt an
administrative transfer fee to cover the expenses associated with updating the Association's
records upon the transfer of a Lot to a third party; provided, however, that no transfer fee will
be due upon the transfer of a Lot from Declarant to a third party.
Yes. the Association can foreclose on your Lot!
If you fail to pay assessments to the Association, you may lose title to your Lot if the
Association forecloses its assessment lien.
6.12 Exempt Property. The following area within the Property will be exempt from
the Assessments provided for in this Article:
(a) All area dedicated and accepted by a public authority;
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(b) The Common Area; and
(c) Any portion of the Property owned by Declarant.
6.13 Fines and Damages Assessment.
(a) Board Assessment. The Board may assess fines against an Owner for violations
of the Restrictions which have been committed by an Owner, a Resident, or the Owner or
Residents guests, agents or invitees. Any fine and/or charge for damage levied in
accordance with this Section 6.13 will be considered an Individual Assessment pursuant to
this Declaration. Each day of violation may be considered a separate violation if the
violation continues after written notice to the Owner. The Board may assess damage charges
against an Owner for pecuniary loss to the Association from property damage or destruction
of Common Area or any facilities located by the Owner, Resident, or their guests, agents, or
invitees. The Manager will have authority to send notices to alleged violators, informing
them of their violations and asking them to comply with the Rules and/or informing them of
potential or probable fines or damage assessments. The Board may from time to time adopt
a schedule of fines.
(b) Procedure. The procedure for assessment of fines and damage charges will be as
follows:
(i) the Association, acting through an officer, Board member or Manager,
must give the Owner notice of the fine or damage charge not later than
thirty (30) days after the assessment of the fine or damage charge by the
Board;
(ii) the notice of the fine or damage charge must describe the violation or
damage;
(iii) the notice of the fine or damage charge must state the amount of the fine
or damage charge;
(iv) the notice of a fine or damage charge must state that the Owner will have
thirty (30) days from the date of the notice to request a hearing before the
Board to contest the fine or damage charge; and
(v) the notice of a fine must allow the Owner a reasonable time, by a
specified date, to cure the violation (if the violation is capable of being
remedied) and avoid the fine unless the Owner was given notice and a
reasonable opportunity to cure a similar violation within the preceding
six (6) months.
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(c) Due Date. Fine and/or damage charges are due immediately after the expiration
of the thirty (30) day period for requesting a hearing. If a hearing is requested, such fines or
damage charges will be due immediately after the Board's decision at such hearing,
assuming that a fine or damage charge of some amount is confirmed by the Board at such
hearing.
(d) Lien Created. The payment of each fine and/or damage charge levied by the
Board against the Owner of a Lot is, together with interest as provided in Section 6.10 hereof
and all costs of collection, including attorney's fees as herein provided, secured by the lien
granted to the Association pursuant to Section 6.01(b) of this Declaration. Unless otherwise
provided in this Section 6.13, the fine and/or damage charge will be considered an
Assessment for the purpose of this Article, and will be enforced in accordance with the terms
and provisions governing the enforcement of assessments pursuant to this Article 6.
ARTICLE 7
ARCHITECTURAL CONTROL COMMITTEE
Until Declarant and/or the Town Manager delegate their right to appoint and remove all
members of the ACC to the Board as provided in Section 7.02(a) below, the ACC will be acting
solely in Declarant's and the Town Manager's, as applicable, interest and will owe no duty to
any other Owner or the Association.
7.01 Construction of Improvements. No Improvement may be erected, placed,
constructed, painted, altered, modified or remodeled on any Lot, and no Lot may be
re -subdivided or consolidated with other Lots or Property, by anyone other than Declarant
without the prior written approval of the ACC.
7.02 Architectural Control Committee.
(a) Composition. The ACC will be composed at least three (3) persons (who
need not be Members or Owners) appointed as provided below, who will review
Improvements proposed to be made by any Owner other than Declarant. Declarant will
have the right to appoint and remove (with or without cause) two (2) members of the ACC
and the Town Manager will have the right to appoint and remove (with or without cause)
one (1) member of the ACC. Declarant and the Town Manager may assign their right to
appoint members of the ACC to the Association by Recorded written instrument, and
thereafter, the Board will have the right to appoint and remove (with or without cause) the
members of the ACC. Any assignment by Declarant of the right to appoint and remove two
(2) members of the ACC may be withdrawn until expiration of twelve (12) months after the
expiration of the Development Period. If Declarant withdraws its assignment of the right to
appoint and remove two (2) members of the ACC, then on the date of such withdrawal,
Declarant will have the right to appoint and remove (with or without cause) two (2)
members of the ACC. Declarant's right to appoint two (2) members of the ACC will
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automatically be assigned to the Association upon the expiration of twelve (12) months after
the expiration of the Development Period. The Town Manager will have the right to appoint
and remove one (1) member of the ACC until the Town Manager assigns such right to the
Board. Declarant and the Town Manager, jointly, may create and assign specific duties and
responsibilities to one or more sub -committees consisting of members and/or nonmembers
of the ACC. In the event responsibilities and duties are assigned to a sub -committee, those
responsibilities and duties will no longer be discharged by the ACC unless the sub-
committee exercising such duties and responsibilities is dissolved by Declarant and the
Town Manager. The right to create, dissolve, and appoint members of such sub -committees
will reside exclusively with Declarant and the Town Manager until such time as Declarant or
the Town Manager, as applicable, assign their rights to appoint members of the ACC to the
Association. The ACC will have the right to employ consultants and advisors as it deems
necessary or appropriate.
(b) Submission and Approval of Plans and Specifications. Construction
plans and specifications or, when an Owner desires solely to re -subdivide or consolidate
Lots, a proposal for such re -subdivision or consolidation, will be submitted in accordance
with the Design Guidelines or any additional rules adopted by the ACC together with any
review fee which is imposed by the ACC in accordance with Sections 7.02(c) to the ACC, at
such address as may hereafter be designated in writing from time to time. No re -subdivision
or consolidation will be made, nor any Improvement placed or allowed on any Lot, until the
plans and specifications thereof have been approved in writing by a Majority of the members
of the ACC. The ACC may, in reviewing such plans and specifications consider any
information that it deems proper; including, without limitation, any permits, environmental
impact statements or percolation tests that may be required by the ACC or any other entity;
and harmony of external design and location in relation to surrounding structures,
topography, vegetation, and finished grade elevation. The ACC may postpone its review of
any plans and specifications submitted for approval pending receipt of any information or
material which the ACC, in its sole discretion, may require. Site plans must be approved by
the ACC prior to the clearing of any Lot, or the construction of any Improvements. The ACC
may refuse to approve plans and specifications for proposed Improvements, or for the
re -subdivision or consolidation of any Lot on any grounds that, in the sole and absolute
discretion of the ACC, are deemed sufficient, including, but not limited to, purely aesthetic
grounds.
Notwithstanding any provision to the contrary in the Declaration, the ACC may issue an
approval to Homebuilders for the construction of Improvements based on the review and
approval of plan types and adopt a procedure which differs from the procedures for review
and approval of Improvements set forth in this Declaration.
(c) Design Guidelines. Declarant may adopt the initial Design Guidelines.
The Majority of the ACC, including the member of the ACC appointed by the Town
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Manager (unless the Town Manager has assigned its right to appoint a member of the ACC
to the Association when, in such event, a Majority of the ACC) will have the power from
time, to adopt (unless previously adopted by Declarant), amend, modify, or supplement the
Design Guidelines. In the event of any conflict between the terms and provisions of the
Design Guidelines and the terms and provisions of this Declaration, the terms and
provisions of this Declaration will control. In addition, the ACC will have the power and
authority to impose a fee for the review of plans, specifications and other documents and
information submitted to it pursuant to the terms of this Declaration. Such charges will be
held by the ACC and used to defray the administrative expenses incurred by the ACC in
performing its duties hereunder; provided, however, that any excess funds held by the ACC
will be distributed to the Association at the end of each calendar year. The ACC will not be
required to review any plans until a complete submittal package, as required by this
Declaration and the Design Guidelines, is assembled and submitted to the ACC. The ACC
will have the authority to adopt such additional procedural and substantive rules and
guidelines (including, without limitation, the imposition of any requirements for certificates
of compliance or completion relating to any Improvement and the right to approve in
advance any contractor selected for the construction of Improvements), not in conflict with
this Declaration, as it may deem necessary or appropriate in connection with the
performance of its duties hereunder
(d) Actions of the ACC. The ACC may, by resolution unanimously adopted
in writing, designate one or more of its members, or an agent acting on its behalf, to take any
action or perform any duties for and on behalf of the ACC, except the granting of variances.
In the absence of such designation, the vote of a Majority of all of the members of the ACC
taken at a duly constituted meeting will constitute an act of the ACC.
(e) Failure to Act. In the event that any plans and specifications are
submitted to the ACC as provided herein, and the ACC fails either to approve or reject such
plans and specifications for a period of sixty (60) days following such submission, rejection
of such plans and specifications by the ACC will be presumed. In furtherance, and not in
limitation, of the foregoing, any failure of the ACC to act upon a request for a variance will
not be deemed a consent to such variance, and the ACC's written approval of all requests for
variances will be expressly required.
(f) Variances. The ACC may grant variances from compliance with any of
the provisions of the Design Guidelines or this Declaration, when, in the opinion of the ACC,
in its sole and absolute discretion, such variance is justified. All variances must be
evidenced in writing and must be signed by at least a Majority of the members of the ACC,
including the member of the ACC appointed by the Town Manager (unless the Town
Manager has assigned its right to appoint a member of the ACC to the Association when, in
such event, a Majority of the ACC may approve variances). Each variance must also be
Recorded; provided however, that failure to record a variance will not affect the validity
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thereof or give rise to any claim or cause of action against the ACC, including the Declarant
or its designee, the Town Manager or its designee, the Association, or the Board. If a
variance is granted, no violation of the covenants, conditions, or restrictions contained in this
Declaration or the Design Guidelines will be deemed to have occurred with respect to the
matter for which the variance was granted. The granting of such variance will not operate to
waive or amend any of the terms and provisions of this Declaration or the Design Guidelines
for any purpose except as to the particular property and in the particular instance covered by
the variance, and such variance will not be considered to establish a precedent for any future
waiver, modification, or amendment of the terms and provisions of this Declaration or the
Design Guidelines.
(g) Duration of Approval. Unless otherwise directed by the ACC, the
approval of the ACC of any plans and specifications, and any variances granted by the ACC,
will be valid for a period of one hundred and eighty (180) days only. If construction in
accordance with such plans and specifications or variance is not commenced within such one
hundred and eighty (180) day period and diligently prosecuted to completion, the Owner
will be required to resubmit such plans and specifications or request for a variance to the
ACC, and the ACC will have the authority to re-evaluate such plans and specifications in
accordance with this Section 7.02(8) and may, in addition, consider any change in
circumstances which may have occurred since the time of the original approval.
(h) No Waiver of Future Approvals. The approval of the ACC to any plans
or specifications for any work done or proposed in connection with any matter requiring the
approval or consent of the ACC will not be deemed to constitute a waiver of any right to
withhold approval or consent as to any plans and specifications on any other matter,
subsequently or additionally submitted for approval by the same or a different person, nor
will such approval or consent be deemed to establish a precedent for future approvals by the
ACC.
(i) Non -Liability of Committee Members. NEITHER DECLARANT, THE
TOWN MANAGER, THE ACC, NOR ANY PARTNER, EMPLOYEE, DIRECTOR,
OFFICER, COMMITTEE MEMBER, OR AGENT WILL BE LIABLE TO ANY OWNER OR
TO ANY OTHER PERSON FOR ANY LOSS, DAMAGE OR INJURY ARISING OUT OF
THE PERFORMANCE OF THE ACC'S DUTIES UNDER THIS DECLARATION.
ARTICLE 8
MORTGAGE PROVISIONS
The following provisions are for the benefit of holders, insurers and guarantors of first
Mortgages on Lots within the Property. The provisions of this Article apply to the Declaration
and the Bylaws of the Association.
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8.01 Notice of Action. An institutional holder, insurer, or guarantor of a first
Mortgage which provides a written request to the Association (such request to state the name
and address of such holder, insurer, or guarantor and the street address of the Lot to which its
Mortgage relates (thereby 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 an Eligible Mortgage held,
insured, or guaranteed by such Eligible Mortgage Holder; or
(b) Any delinquency in the payment of assessments or charges owed for a
Lot subject to the Mortgage of such Eligible Mortgage Holder, where such delinquency has
continued for a period of sixty (60) days, or any other violation of the Restrictions relating to
such Lot or the Owner or Resident which is not cured within sixty (60) days; or
(c) Any lapse, cancellation, or material modification of any insurance policy
maintained by the Association.
8.02 Examination of Books. The Association will permit Mortgagees to examine the
books and records of the Association during normal business hours.
8.03 Taxes. Assessments and Charges. All taxes, assessments and charges that may
become liens prior to first lien mortgages under Applicable Law will relate only to the
individual Lots and not to any other portion of the Property.
ARTICLE 9
GENERAL PROVISIONS
9.01 Term. The terms, covenants, conditions, restrictions, easements, charges, and
liens set out in this Declaration will run with and bind the Property, and will inure to the benefit
of and be enforceable by the Association, and every Owner, including Declarant, and their
respective legal representatives, heirs, successors, and assigns, for a term beginning on the date
this Declaration is Recorded, and continuing through and including January 1, 2067, after which
time this Declaration will be automatically extended for successive periods of ten (10) years
unless a change (the word "change" meaning a termination, or change of term or renewal term)
is approved in a resolution adopted by Members entitled to cast at least sixty-seven percent
(67%) of the total number of votes of the Association, voting in person or by proxy at a meeting
duly called for such purpose, written notice of which will be given to all Members at least thirty
(30) days in advance and will set forth the purpose of such meeting; provided, however, that
such change will be effective only upon the Recording of a certified copy of such resolution.
Notwithstanding any provision in this Section 9.01 to the contrary, if any provision of this
Declaration would be unlawful, void, or voidable by reason of any Applicable Law restricting
the period of time that covenants on land may be enforced, such provision will expire (twenty
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one) 21 years after the death of the last survivor of the now living descendants of Elizabeth II,
Queen of England.
9.02 Eminent Domain. In the event it becomes necessary for any public authority to
acquire all or any part of the Common Area for any public purpose during the period this
Declaration is in effect, the Board is hereby authorized to negotiate with such public authority
for such acquisition and to execute instruments necessary for that purpose. Should acquisitions
by eminent domain become necessary, only the Board need be made a party, and in any event
the proceeds received will be held by the Association for the benefit of the Owners. In the event
any proceeds attributable to acquisition of Common Area are paid to Owners, such payments
will be allocated on the basis of Assessment Units and paid jointly to the Owners and the
holders of Mortgages or deeds of trust on the respective Lot.
9.03 Amendment. This Declaration may be amended or terminated by the Recording
of an instrument executed and acknowledged by: (i) Declarant acting alone; or (ii) by the
president and secretary of the Association setting forth the amendment and certifying that such
amendment has been approved by Declarant (until expiration or termination of the
Development Period) and Members entitled to cast at least sixty-seven percent (67%) of the
number of votes entitled to be cast by members of the Association. Notwithstanding the
foregoing, any amendment which would remove the Town Manager's right to appoint and
remove members of the ACC or otherwise affect the Town's rights under this Declaration must
be approved by the written consent of the Town. No amendment will be effective without the
written consent of Declarant, its successors or assigns, during the Development Period.
Specifically, and not by way of limitation, Declarant may unilaterally amend this Declaration: (i)
to bring any provision into compliance with Applicable Law; (ii) to enable any reputable title
insurance company to issue title insurance coverage on any Lot; (iii) to enable any institutional
or governmental lender, purchaser, insurer or guarantor of mortgage loans, including, for
example, the Federal Home Loan Mortgage Corporation, to make, purchase, insure or
guarantee mortgage loans on Lots; or (iv) to comply with any requirements promulgated by a
local, state or governmental agency, including, for example, the Department of Housing and
Urban Development.
9.04 Conceptual Plans. All master plans, site plans, brochures, illustrations,
information and marketing materials relating to the Property (collectively, the "Conceptual
Plans") are conceptual in nature and are intended to be used for illustrative purposes only. The
land uses and Improvements reflected on the Conceptual Plans are subject to change at any
time and from time to time, and it is expressly agreed and understood that land uses within the
Property may include uses which are not shown on the Conceptual Plans. Neither Declarant
nor any Homebuilder or other developer of any portion of the Property makes any
representation or warranty concerning such land uses and Improvements shown on the
Conceptual Plans or otherwise planned for the Property and it is expressly agreed and
understood that no Owner will be entitled to rely upon the Conceptual Plans in making the
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decision to purchase any land or Improvements within the Property. Each Owner who acquires
a Lot within the Property acknowledges that development of the Property will likely extend
over many years, and agrees that the Association will not engage in, or use Association funds to
support, protest, challenge, or make any other form of objection to development of the Property
or changes in the Conceptual Plans as they may be amended or modified from time to time.
9.05 Party Wall Fences. A fence or wall located on or near the dividing line between
two (2) Lots and intended to benefit both Lots constitutes a "Party Wall" and, to the extent not
inconsistent with the provisions of this Section 9.05, is subject to the general rules of law
regarding party walls and liability for property damage due to negligence, willful acts, or
omissions.
(a) Encroachments & Easement. If the Party Wall is on one Lot due to an error in
construction, the Party Wall is nevertheless deemed to be on the dividing line for purposes
of this Section 9.05. Each Lot sharing a Party Wall is subject to an easement for the existence
and continuance of any encroachment by the Party Wall as a result of construction, repair,
shifting, settlement, or movement in any portion of the Party Wall, so that the encroachment
may remain undisturbed as long as the Party Wall stands. Each Lot is subject to a reciprocal
easement for the maintenance, repair, replacement, or reconstruction of the Party Wall.
(b) Right to Repair. If the Party Wall is damaged or destroyed from any cause, the
Owner of either Lot may repair or rebuild the Party Wall to its previous condition, and the
Owners of both Lots, their successors and assigns, have the right to the full use of the
repaired or rebuilt Party Wall.
(c) Maintenance Costs. The Owners of the adjoining Lots share equally the costs of
repair, reconstruction, or replacement of the Party Wall, subject to the right of one Owner to
call for larger contribution from the other under any rule of law regarding liability for
negligence or willful acts or omissions. If an Owner is responsible for damage to or
destruction of the Party Wall, that Owner will bear the entire cost of repair,
reconstruction, or replacement. If an Owner fails or refuses to pay his share of costs of
repair or replacement of the Party Wall, the Owner advancing monies has a right to file a
claim of lien for the monies advanced in the Official Public Records of Tarrant County,
Texas, and has the right to foreclose the lien as if it were a mechanic's lien. The right of
an Owner to require contribution from another Owner under this Section 9.05 is
appurtenant to the Lot and passes to the Owner's successors in title.
(d) Alterations. The Owner of a Lot sharing a Party Wall may not cut openings in
the Party Wall or alter or change the Party Wall in any manner that affects the use, condition,
or appearance of the Party Wall to the adjoining Lot. The Party Wall will always remain in
the same location as when erected unless otherwise approved by the Owner of each Lot
sharing the Party Wall and the ACC.
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9.06 Enforcement. The Association and the Declarant will have the right to enforce,
by a proceeding at law or in equity, the Restrictions. Failure to enforce any right, provision,
covenant, or condition set forth in the Restrictions will not constitute a waiver of the right to
enforce such right, provision, covenants or condition in the future.
9.07 Higher Authority. The terms and provisions of this Declaration are subordinate
to Applicable Law. Generally, the terms and provisions of this Declaration are enforceable to
the extent they do not violate or conflict with Applicable Law.
9.08 Severability. If any provision of this Declaration is held to be invalid by any
court of competent jurisdiction, such invalidity will not affect the validity of any other provision
of this Declaration, or, to the extent permitted by Applicable Law, the validity of such provision
as applied to any other person or entity.
9.09 Conflicts. If there is any conflict between the provisions of this Declaration, the
Certificate, the Bylaws, or any Rules adopted pursuant to the terms of such documents, the
provisions of this Declaration, the Certificate, the Bylaws, and the Rules, in such order, will
govern.
9.10 Gender. Whenever the context so requires, all words herein in the male gender
will be deemed to include the female or neuter gender, all singular words will include the
plural, and all plural words will include the singular.
9.11 Acceptance by Grantees. Each grantee of Declarant of a Lot or other real
property interest in the Property, by the acceptance of a deed of conveyance, or each subsequent
purchaser, accepts the same subject to all terms, restrictions, conditions, covenants, reservations,
easements, liens and charges, and the jurisdiction rights and powers created or reserved by this
Declaration or to whom this Declaration is subject, and all rights, benefits and privileges of
every character hereby granted, created, reserved or declared. Furthermore, each grantee
agrees that no assignee or successor to Declarant hereunder will have any liability for any act or
omission of Declarant which occurred prior to the effective date of any such succession or
assignment. All impositions and obligations hereby imposed will constitute covenants running
with the land within the Property, and will bind any person having at any time any interest or
estate in the Property, and will inure to the benefit of each Owner in like manner as though the
provisions of this Declaration were recited and stipulated at length in each and every deed of
conveyance.
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9.12 Damage and Destruction.
(a) Claims. Promptly after damage or destruction by fire or other casualty to
all or any part of the Common Area covered by insurance, the Board, or its duly authorized
agent, will proceed with the filing and adjustment of all claims arising under such insurance
and obtain reliable and detailed estimates of the cost of repair of the damage. Repair, as
used in this Section 9.11(x), means repairing or restoring the Common Area to substantially
the same condition as existed prior to the fire or other casualty.
(b) Repair Obligations. Any damage to or destruction of the Common Area
will be repaired unless a Majority of the Board decides within sixty (60) days after the
casualty not to repair. 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 both, are not made available to the Association within said period, then the
period will be extended until such information will be made available.
(c) Restoration. In the event that it should be determined by the Board that
the damage or destruction of the Common Area will not be repaired and no alternative
Improvements are authorized, then the affected portion of the Common Area will be
restored to its natural state and maintained as an undeveloped portion of the Common Area
by the Association in a neat and attractive condition.
(d) Special Assessment. If insurance proceeds are paid to restore or repair
any damaged or destroyed Common Area, and such proceeds are not sufficient to defray the
cost of such repair or restoration, the Board will levy a Special Assessment, as provided in
Article 6, against all Owners. Additional Assessments may be made in like manner at any
time during or following the completion of any repair.
(e) Proceeds Payable to Owners. In the event that any proceeds of insurance
policies are paid to Owners as a result of any damage or destruction to any Common Area,
such payments will be allocated based on Assessment Units and paid jointly to the Owners
and the holders of Mortgages or deeds of trust on their Lots.
9.13 No Partition. Except as may be permitted in this Declaration or amendments
thereto, no physical partition of the Common Area or any part will be permitted, nor will any
person acquiring any interest in the Property or any part seek any such judicial partition unless
the Property in question has been removed from the provisions of this Declaration pursuant to
Section 11.04 below. This Section 9.13 will not be construed to prohibit the Board from acquiring
and disposing of tangible personal property or from acquiring title to real property that may or
may not be subject to this Declaration.
9.14 Notices. Any notice permitted or required to be given to any person by this
Declaration will be in writing and may be delivered either personally or by mail, or as
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otherwise required by Applicable Law. If delivery is made by mail, it will be deemed to have
been delivered on the third (3rd) day (other than a Sunday or legal holiday) after a copy of the
same has been deposited in the United States mail, postage prepaid, addressed to the person at
the address given by such person to the Association for the purpose of service of notices. Such
address may be changed from time to time by notice in writing given by such person to the
Association.
9.15 View Impairment. Neither Declarant nor the Association guarantee or represent
that any view over and across the Lots, or any open space or Common Area within the Property
will be preserved without impairment. Neither the Declarant, the ACC, and the Association
shall have no obligation to relocate, prune, or thin trees or other landscaping. The Association
(with respect to any Common Area) will have the right to add trees and other landscaping from
time to time, subject to Applicable Law. There shall be no express or implied easements for
view purposes or for the passage of light and air.
9.16 Safety and Security. Each Owner and Resident of a Lot, and their respective
guests and invitees, shall be responsible for their own personal safety and the security of their
property within the Property. The Association may, but shall not be obligated to, maintain or
support certain activities within the Property designed to promote or enhance the level of safety
or security which each person provides for himself or herself and his or her property. However,
neither the Association nor Declarant shall in any way be considered insurers or guarantors of
safety or security within the Property, nor shall either be held liable for any loss or damage by
reason of failure to provide adequate security or ineffectiveness of security measures
undertaken.
ARTICLE 10
EASEMENTS
10.01 Right of Ingress and Egress. Declarant, its agents, employees and designees will
have a right of ingress and egress over and the right of access to the Common Area to the extent
necessary to use the Common Area and the right to such other temporary uses of the Common
Area as may be required or reasonably desirable (as determined by Declarant in its sole
discretion) in connection with the construction and development of the Property. The Property
shall be subject to a perpetual non-exclusive easement for the installation and maintenance,
including the right to read meters, service or repair lines and equipment, and to do everything
and anything necessary to properly maintain and furnish the Community Systems and the
facilities pertinent and necessary to the same, which easement shall run in favor of Declarant
Declarant shall have the right, but not the obligation, to install and provide the Community
Systems and to provide the services available through the Community Systems to any and all
Lots within the Property. Neither the Association nor any Owner shall have any interest
therein. Any or all of such services may be provided either directly through the Association
and paid for as part of the Assessments or directly to Declarant, any affiliate of Declarant, or a
third party, by the Owner who receives the services. The Community Systems shall be the
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property of Declarant unless transferred by Declarant, whereupon any proceeds of such transfer
shall belong to Declarant. Declarant shall have the right but not the obligation to convey,
transfer, sell or assign all or any portion of the Community Systems or all or any portion of the
rights, duties or obligations with respect thereto, to the Association or to any Person. The rights
of Declarant with respect to the Community Systems installed by Declarant and the services
provided through such Community Systems are exclusive, and no other Person may provide
such services through the Community Systems installed by Declarant without the prior written
consent of Declarant. In recognition of the fact that interruptions in Community Systems
services will occur from time to time, no person or entity described above shall in any manner
be liable, and no user of any Community System shall be entitled to any refund, rebate,
discount or offset in applicable fees, for any interruption in Community Systems services,
regardless of whether or not same is caused by reasons within the control of the then -provider
of such services.
10.02 Reserved Easements. All dedications, limitations, restrictions and reservations
shown on any Plat and all grants and dedications of easements, rights-of-way, restrictions and
related rights made by Declarant prior to the Property becoming subject to this Declaration are
incorporated herein by reference and made a part of this Declaration for all purposes as if fully
set forth herein, and will be construed as being adopted in each and every contract, deed or
conveyance executed or to be executed by or on behalf of Declarant. Declarant reserves the
right to relocate, make changes in, and additions to said easements, rights-of-way, dedications,
limitations, reservations and grants for the purpose of most efficiently and economically
developing the Property.
10.03 Utility Easements. Declarant hereby reserves unto itself and Declarant's
successors and assigns a perpetual non-exclusive easement over and across the Property for: (i)
the installation, operation and maintenance of utilities and associated infrastructure to serve
the Property and any other property owned by Declarant; (ii) the installation, operation and
maintenance of cable lines and associated infrastructure for sending and receiving data and/or
other electronic signals, security and similar services to serve the Property and any other
property owned by Declarant; and (iii) the installation, operation and maintenance of,
roadways, gates, walkways, pathways and trails, drainage systems, street lights and signage to
serve the Property and any other property owned by Declarant. Declarant will be entitled to
unilaterally assign the easements reserved hereunder to any third party who owns, operates or
maintains the facilities and Improvements described in (i) through (iii) of this Section 10.03. The
exercise of the easement reserved herein will not extend to permitting entry into any residence,
nor will it unreasonably interfere with the use of any Lot or residence or Improvement
constructed thereon.
10.04 Roadway and Utility Easements. Declarant reserves the right to create, locate,
relocate, construct, erect, and maintain or cause to be created, located, relocated, constructed,
erected, and maintained in and on any portion of the Property then owned by Declarant or any
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streets maintained by the Association, or areas conveyed to the Association, or areas reserved or
held as Common Area, roadways, sewer lines, water lines, electrical lines and conduits, and
other pipelines, conduits, wires, and any public utility function beneath or above the surface of
the ground with the right of access to the same at any time for the purposes of repair and
maintenance.
10.05 Subdivision Entry and Fencing Easement. Declarant reserves for itself and the
Association, an easement over and across the Property for the installation, maintenance, repair
or replacement of certain subdivision entry facilities and fencing which serves the Property.
Declarant will have the right, from time to time, to Record a written notice which identifies the
subdivision entry facilities fencing to which the easement reserved hereunder applies.
Declarant may designate all or any portion of the subdivision entry facilities and/or fencing as
Common Area by Recorded written notice. The exercise of the easements reserved hereunder
will not extend to permitting entry into any residence, nor will it unreasonably interfere with
the use of any Lot or residence or Improvement constructed thereon.
10.06 Landscape, Monumentation and Signage Easement. Declarant hereby
reserves an easement over and across the Property for the installation, maintenance, repair or
replacement of landscaping, monumentation and signage which serve the Property and any
other property owned by Declarant. Declarant will have the right, from time to time, to Record
a written notice which identifies the landscaping, monumentation, or signage to which the
easement reserved hereunder applies. Declarant may designate all or any portion of the
landscaping, monumentation, or signage easement as Common Area.
10.07 Declarant as Attorney in Fact. To secure and facilitate Declarant's exercise of the
rights reserved by Declarant pursuant to the terms and provisions of this Declaration, each
Owner, by accepting a deed to a Lot and each Mortgagee, by accepting the benefits of a
Mortgage against a Lot, and any other third party by acceptance of the benefits of a mortgage,
deed of trust, mechanic's lien contract, mechanic's lien claim, vendor's lien and/or any other
security interest against any Lot, will thereby be deemed to have appointed Declarant such
Owner's, Mortgagee's, and third party's irrevocable attorney-in-fact, with full power of
substitution, to do and perform, each and every act permitted or required to be performed by
Declarant pursuant to the terms of this Declaration. The power thereby vested in Declarant as
attorney-in-fact for each Owner, Mortgagee and/or third party, will be deemed, conclusively, to
be coupled with an interest and will survive the dissolution, termination, insolvency,
bankruptcy, incompetency and death of an Owner, Mortgagee and/or third party and will be
binding upon the legal representatives, administrators, executors, successors, heirs and assigns
of each such party. The aforesaid power shall be vested in Declarant, its successors and assigns,
for a period of twenty-five (25) years from the date the first Lot is conveyed to an individual
purchaser, or until the expiration or termination of the Development Period, whichever occurs
first. Declarant hereby reserves for itself, its successors and assigns the right to execute on
behalf of each Owner, Mortgagee, and third party claiming a legal or equitable interest in the
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Common Area, any such agreements, documents, amendments or supplements to the
Restrictions which may be required by any institutional or governmental lender, purchaser,
insurer or guarantor of mortgage loans (including, for example, the Federal Home Loan
Mortgage Corporation) designated by Declarant or by any governmental or quasi -governmental
agency having regulatory jurisdiction over the Common Area or by any title insurance
company selected by Declarant to insure title to any portion of the Common Area.
ARTICLE 11
DEVELOPMENT RIGHTS
11.01 Development by Declarant. It is contemplated that the Property will be
developed pursuant to a plan, which may, from time to time, be amended or modified.
Declarant reserves the right, but will not be obligated, to create and/or designate Lots and
Common Areas and to subdivide with respect to any of the Property pursuant to the terms of
this Section 11.01, subject to any limitations imposed on portions of the Property by any
applicable Plat. These rights may be exercised with respect to any portions of the Property. As
each area is developed or dedicated, Declarant may designate the use, classification and such
additional covenants, conditions and restrictions as Declarant may deem appropriate for that
area.
11.02 Special Declarant Rights. Notwithstanding any provision of this Declaration to
the contrary, at all times, Declarant will have the right and privilege: (i) to erect and maintain
advertising signs (illuminated or non -illuminated), sales flags, other sales devices and banners
for the purpose of aiding the sale of Lots in the Property; (ii) to maintain Improvements upon
Lots as sales, model, management, business and construction offices; and (iii) to maintain and
locate construction trailers and construction tools and equipment within the Property. The
construction, placement or maintenance of Improvements by Declarant will not be considered a
nuisance, and Declarant hereby reserves the right and privilege for itself to conduct the
activities enumerated in this Section 11.02 until two (2) years after expiration or termination of
the Development Period.
11.03 Addition of Land. Declarant may, at any time and from time to time, add
additional lands to the Property. Upon the filing of a notice of addition of land, such land will
be considered part of the Property for purposes of this Declaration, and such added lands will
be considered part of the Property subject to this Declaration and the terms, covenants,
conditions, restrictions and obligations set forth in this Declaration, and the rights, privileges,
duties and liabilities of the persons subject to this Declaration will be the same with respect to
such added land as with respect to the lands originally covered by this Declaration. To add
lands to the Property, Declarant will be required only to Record a notice of addition of land
containing the following provisions:
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(a) A reference to this Declaration, which reference will state the document
number or volume and initial page number of the Official Public Records of Tarrant County
wherein this Declaration is Recorded;
(b) A statement that such land will be considered Property for purposes of
this Declaration, and that all of the terms, covenants, conditions, restrictions and obligations
of this Declaration will apply to the added land; and
(c) A legal description of the added land.
11.04 Withdrawal of Land. Declarant may, at any time and from time to time, reduce
or withdraw from the Property, and remove and exclude from the burden of this Declaration
and the jurisdiction of the Association any portion of the Property. Upon any such withdrawal
and renewal this Declaration and the covenants conditions, restrictions and obligations set forth
herein will no longer apply to the portion of the Property withdrawn. To withdraw lands from
the Property hereunder, Declarant will be required only to Record a notice of withdrawal of
land containing the following provisions:
(a) A reference to this Declaration, which reference will state the document
number or volume and initial page number of the Official Public Records of Tarrant County
wherein this Declaration is recorded;
(b) A statement that the provisions of this Declaration will no longer apply to
the withdrawn land; and
(c) A legal description of the withdrawn land.
11.05 Assignment of Declarant's Rights. Notwithstanding any provision in this
Declaration to the contrary, Declarant may, by written instrument, assign, in whole or in part,
any of its privileges, exemptions, rights and duties under this Declaration to any person or
entity and may permit the participation, in whole, in part, exclusively, or non -exclusively, by
any other person or entity in any of its privileges, exemptions, rights and duties hereunder.
[SIGNATURE PAGE FOLLOWS]
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EXECUTED to be effective on the date this instrument is Recorded.
DECLARANT:
MAGUIRE PARTNERS — SOLANA LAND, L.P., a
Texas limited partnership i
By. �� Ga! `✓jQ
Printed Name: _ f
Title:
THE STATE OF TEXAS
COUNTY OF
This instrument 4 was acknowledged beforeh me � �^on� this day of
201 by (�(�Q 4 lA�Q / I li)Ei�--i QA,1 of
MAGUIRE PARTNERS— SOLANA LAND, L.P., a Texas limited partnership, on behalf of said
limited partnership.
iAAA
(seal),a'".;,¢N (AURA L WAYLAND Notary Pu lic, State of Texas
MY Commission Expires
July 14, 2016
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Page 1 of 28
)215004495 11812015 3749 PM S 28 Fee: $124.00 Submitter: XEROX COMMERCIAL SOLUTIONS
lectronicallyRecordedbyTarrantCountyClerkinOfficialPublicRecords
Mary Louise Garcia
AFTER RECORDING RETURN TO:
Robert D. Burton, Esq.
Winstead PC
401 Congress Ave., Suite 2100
Austin, Texas 78701
Email: rburtonowinstead.com
GRANADA
DESIGN GUIDELINES
Adopted:
MAGUIRE PARTNERS — SOLANA LAND, L.P., a Texas
limited partnership
By: r . it •>
Printed Name:
Title:
THE STATE OF TEXAS §
COUNTY OF W -A00 §
'flus iiastrug ent_ was acknowledged before me this q day of 201by
of MAGUIRE PARTNERS — SOLANA LAND, L.P., a
Texas limited partnership, on behalf of said limited part rsl ' .
LAURA L WAYLAND
My Commission Expires
/ duly 14, 2016 Notary Public Signature
Adopted by MAGUIRE PARTNERS — SOLANA LAND, L.P., a Texas limited partnership, in
accordance with Granada Declaration of Covenants Conditions and Restrictions recorded in under
Document No. () 21500 4 (4l„ Official Public Records of Tarrant County, Texas (the
"Declaration"). In accordance with Section 7.02(c) of the Declaration, these Design Guidelines may be
amended from time to time by the ACC (as defined in the Declaration).
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Introduction
Any notice or information required to be submitted to the ACC under these Design Guidelines hereunder
will be submitted the ACC at 1221 North I -35E, Suite 200, Carrollton, Texas 75006, c/o Granada ACC,
Phone: 469-892-7200, Fax: 469-892-7202.
Background
Granada is a master planned community located in Tarrant County, Texas. Lots 1-84, Granada, a
subdivision in Tarrant County Texas, according to the plat recorded in I> Z l 1 y Official
Public Records of Tarrant County, Texas (the "Property"), are subject to the terms and provisions of that
certain Granada Declaration of Covenants Conditions and Restrictions recorded in the Official Public
Records of Tarrant County, Texas (the "Declaration"). Capitalized terms used but not defined in these
Design Guidelines shall have the meaning subscribed to such terms in the Declaration.
ACC and Review Authority
Article 7 of the Declaration includes procedures and criteria for the construction of improvements within
the Granada community. Section 7.01 of the Declaration provides that no Improvements may be erected,
placed, constructed, painted, altered, modified or remodeled on any Lot, and no Lot may be
re -subdivided or consolidated with other Lots or Property, by anyone other than Declarant, without prior
written approval of the ACC.
The ACC consists of two (2) members who have been appointed by Maguire Partners — Solana Land, L.P.,
a Texas limited partnership (the "Declarant") and one (1) member who has been appointed by the Town
Manager (the "Town Manager") of the Town of Westlake, Texas (the "Town"). As provided in Article 7
of the Declaration, the Declarant has a substantial interest in ensuring that Improvements within Granada
maintain and enhance Declarant's reputation as a community developer and do not impair Declarant's
ability to market and sell all or any portion of the community, and, as a consequence thereof, the two (2)
members of the ACC appointed by Declarant act solely in Declarant's interest and shall owe no duty to
any other Owner or the Granada Residential Community, Inc. (the "Association"). The Town has a
substantial interest in ensuring that the Improvements within Granada are consistent with the Town's
long-term vision, and, as a consequence thereof, the one (1) member of the ACC appointed by the Town
Manager acts solely in the Town's interest and shall owe no duty to any other Owner or the Association.
Governmental Requirements
Governmental ordinances and regulations are applicable to all Lots within Granada. It is the
responsibility of each Owner to obtain all necessary permits and inspections. Compliance with these
Design Guidelines is not a substitute for compliance with the applicable ordinances and regulations.
Please be advised that these Design Guidelines do not list or describe each requirement which may be
applicable to a Lot within Granada. Each Owner is advised to review all encumbrances affecting the use
and improvement of their Lot prior to submitting plans to the ACC for approval. Furthermore, approval
by the ACC should not be construed by the Owner that any Improvement complies with the terms and
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provisions of all encumbrances which may affect the Owner's Lot. Certain encumbrances may benefit
parties whose interests are not addressed by the ACC.
The ACC shall bear no responsibility for ensuring plans submitted to the ACC comply with Applicable
Law. It is the responsibility of the Owner to secure any required governmental approvals prior to
construction on such Owner's Lot.
Interpretation
In the event of any conflict between these Design Guidelines and the Declaration, the Declaration shall
control. Capitalized terms used in these Design Guidelines and not otherwise defined in this document
shall have the same meaning as set forth in the Declaration.
Amendments
The ACC may amend these Design Guidelines. All amendments shall become effective upon recordation
in the Official Public Records of Tarrant County, Texas. Amendments shall not apply retroactively so as
to require modification or removal of work already approved and completed or approved and in
progress. It is the responsibility of each Owner to ensure that they have the most current edition of the
Design Guidelines and every amendment thereto.
Architectural Review Process
Submittals
Requests for approval of proposed construction, landscaping, or exterior modifications must be made by
submitting an application in the form attached hereto as Attachment 1.
Timing
The ACC will attempt to review all applications and submittals within thirty (30) days. Please allow at
least thirty (30) days prior to installation or construction for the ACC to review the related applications.
Please be advised that in the event that any plans and specifications are submitted to the ACC and the
ACC fails to either approve or reject such plans and specifications for a period of thirty (30) days
following such submission, the plans and specifications will be deemed disapproved.
Responsibility for Compliance
An applicant is responsible for ensuring that all of the applicant's representatives, including the
applicant's architect, engineer, contractors, subcontractors, and their agents and employees, are aware of
these Design Guidelines and all requirements imposed by the ACC as a condition of approval.
Inspection
Upon completion of each phase of approved work, the Owner must notify the ACC. The ACC should be
notified after the stake out of the building, after completion of framing, and after completion of the
approved work. The ACC may, but shall in no event be obligated to, inspect the work at any time to
verify conformance with the approved submittals. Furthermore, approval by the ACC should not be
construed by the Owner that any Improvement complies with the terms and provisions of any
ordinances, requirements, regulations or encumbrances which may affect the Owner's Lot.
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Architectural and Aesthetic Standards
Plan Repetition
The ACC may, in its sole and absolute discretion, deny a plan or elevation proposed for a particular Lot if
a substantially similar plan or elevation exists on a Lot in close proximity to the Lot on which the plan or
elevation is proposed. The ACC may adopt additional requirements concerning substantially similar
plans or elevations constructed in proximity to each other.
For Example:
• Plan can be repeated every fifth Lot (example: Plan A, Plan B, Plan C, Plan D, Plan E and Plan A).
Plan A
Plan B
Brick B
Plan C
Brick C
Plan D
Plan E
Plan A
Brick A
Plan G
Brick D
Plan H
Plan B
Plan C
Plan D
Plan F
Across the Street: Same plan cannot be placed on a Lot across the street or diagonal from any other plan
(example above: Plan B).
Brick Color, Masonry Stone, and Wood Trim Repetition
The ACC may, in its sole and absolute discretion, deny proposed brick, masonry or wood trim for a
particular Lot if substantially similar brick, masonry or wood trim exists on a Lot in close proximity to the
Lot an which the brick, masonry or wood trim is proposed. The ACC may adopt additional requirements
concerning substantially similar brick, masonry or wood trim constructed in proximity to each other.
For Example:
• Similar brick, masonry or wood trim can be repeated every fifth Lot (example: Brick A, Brick B, Brick C,
Brick D, Brick E and Brick A).
Brick A
Brick B
Brick C
Brick D
Brick E
Brick A
Brick D
Brick C
Brick H
Brick B
Brick F
Brick G
• Across the Street: Some brick or masonry cannot be placed on a Lot across the street or diagonal from any
other brick or masonry (example above: Brick B).
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Building Materials
• All building materials must be approved in advance by the ACC, and only new building
materials (except for used brick) shall be used for constructing any Improvements.
• All projections from a dwelling or other structure, including but not limited to chimney flues,
vents, gutters, downspouts, utility boxes, porches, railings and exterior stairways must, unless
otherwise approved by the ACC, be coordinated with the overall design of the Improvement
from which they project.
• No highly reflective finishes (other than glass, which may not be mirrored) shall be used on
exterior surfaces (other than surfaces of hardware fixtures), including, without limitation, the
exterior surfaces of any Improvements.
Masonry Requirements, Exterior Walls and Finishes
• The exterior walls shall have horizontal and vertical articulation or architectural features on all
elevations as approved by the ACC.
• Unless otherwise approved in advance and in writing by the ACC, the exterior walls of each
primary residence shall be constructed of at one -hundred percent (100%) masonry, exclusive of
roofs, eaves, soffits, windows, doors, gables, garage doors and trim work. For purposes of this
section brick, stone, cast stone, and stucco are considered masonry. Brick shall be limited to
thirty percent (30%) of the exterior walls. Stucco shall be a minimum of 3/4 of an inch thick and
limited to thirty (30%) of the exterior walls on homes which are not of Tuscan or Mediterranean
style. Up to one -hundred percent (100%) stucco may be used on the exterior walls of Tuscan or
Mediterranean style homes. The ACC, in its sole discretion, will determine whether or not a
home is of Tuscan or Mediterranean style. Wood use shall be very minimal and only as an
accent.
• Unless otherwise approved by the ACC, siding is prohibited for use on exterior walls of a
primary residence.
Unless otherwise approved by the ACC, exterior wall materials shall make changes at inside
corners only. Unless otherwise approved by the ACC, every elevation shall have a minimum of
two wall materials or textures. Single wall covering materials may be approved by the ACC if
the architectural features, wall offsets, and enhanced trim around openings are utilized to limit
continuous blank wall areas.
• Unless otherwise approved by the ACC, walls shall not exceed tivrty feet (30') in length without
an offset of two feet (2') or more unless the wall is broken up by architectural elements such as
ornate masonry work, changes in construction material, or openings for windows or doors that
are trimmed and recessed a minimum of three inches (3").
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• The exterior materials must be authentic and not artificial as reasonably determined by the ACC.
There should generally not be more than three exterior materials (including exterior walls,
window/door surrounds, accents, etc.). The ACC will evaluate whether additional materials
shall be allowed on a case by case basis.
• Colors should be appropriate to the architectural style chosen. Colors should be non-invasive
and subdued rather than bold and bright. All exterior materials should comply with one color
palate, approved by the ACC, including all exterior paint, brick/stone, trim, mortar, window
mullions, balusters, columns, etc.). Color palates should consist of natural earth tone colors, i.e.,
medium to dark greens, browns, and tans.
• Unless otherwise approved by the ACC, all chimneys shall be 100% masonry to match the
materials used on home. No wood or masonry siding of any kind shall be used on chimneys.
• No foundation of a residence may: be exposed more than twenty-four inches (24") above final
grade along: (a) the front elevation of the residence visible from any street; or (b) each side
elevation of the residence visible from any street. If the exterior of the elevation adjacent to the
exposed foundation is constructed of stucco, the ACC will have the authority to require the use of
stone, in a color approved in advance by the ACC, to conceal the exposed portion of the
foundation. In the event of a dispute as to the front or side elevation of a residence which is
visible from any street, the determination of the ACC shall be final and conclusive.
• All materials for courtyard walls and fencing must be approved in advance by the ACC.
Lot Coverage
The footprint of the main level of each single family residence constructed on a Lot shall not exceed
thirty -percent (30%) of the entire area of the Lot. Footprint is defined as all areas that are contained
within four walls and garages (excludes open porches, patios, porte-cocheres, or other unenclosed areas).
Square Footage Requirements
Unless otherwise approved by the ACC, the minimum living square footage for each residence, exclusive
of open or screened porches, terraces, patios, decks, driveways, and garages is three thousand (3,000)
square feet for single -story homes and four thousand (4,000) square feet living space for two-story homes.
Minimum Home Width
Unless otherwise approved in advance and in writing by the ACC, the minimum width for each
residence is seventy feet (70').
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Aesthetic Appeal
The ACC may disapprove the construction or design of a home on purely aesthetic grounds. Any prior
decisions of the ACC regarding matters of design or aesthetics will not be considered to establish a
precedent for any future decision of the ACC.
Siting/Setbacks
Unless otherwise approved by the unanimous consent of the ACC, the following setbacks shall apply to
each Lot:
• Front Lot line: 40 feet
• Rear Lot line: 40 feet
• Side Lot line: 20 feet
The ACC, by unanimous consent, may: (i) approve a reduction of the required front yard setback or may
require an increase in the required front yard setback by a maximum of ten (10) feet if, in the sole opinion
of the ACC, the increase is needed to avoid monotony or to accommodate unique site conditions
including the preservation of old growth trees; (ii) approve a reduction of the required rear yard setback
by a maximum of ten feet (10') if, in the sole opinion of the ACC, the reduction is needed to avoid
monotony or to accommodate unique site conditions including the preservation of old growth trees; or
(iii) approve a reduction of the required side yard setback by a maximum of five feet (5') if, in the sole
opinion of the ACC, the reduction is needed to avoid monotony or to accommodate unique site
conditions including the preservation of old growth trees.
Notwithstanding any provision to the contrary in these Design Guidelines, eves, steps, and open porches
will not be considered part of the residence for the purpose of the setback requirement hereunder;
however, no portion of any Improvement will be permitted to encroach upon another Lot.
The ACC must approve the encroachment of any flatwork, i.e. driveway, porch, etc. over the side
building setbacks.
The ACC reserves the right to stipulate additional building or Improvement setbacks attributable to any
Lot. The ACC further reserves the right to grant variances to the setbacks set forth herein in accordance
the Declaration.
Temporary/Accessory Structures
Owners will generally be permitted to erect one (1) accessory structure on their Lot provided the
accessory structure such as a pool cabanagarden building storage building or home office is approved
in advance by the ACC. In no event will the total square footage of any approved accessory structure be
interpreted to reduce the minimum square footage requirements of the principal residential structure as
set forth in these Design Guidelines.
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Unless otherwise approved in advance and in writing by the ACC, an accessory structure: (i) must be
constructed of the same exterior materials as the main residence constructed on the Lot; (ii) must utilize
roof materials that match the roof materials incorporated into the principal residential structure
constructed on the Lot; (iii) have a pitched roof of the same pitch as the principal residential structure
constructed on the Lot; (iv) use paint which matches the color of the trim of the principal residential
structure constructed on the Lot; (v) must utilize shingles which are the same as on the principal
residential structure constructed on the Lot; and (vi) may not be located nearer than five (5) feet from an
interior (side) Lot line.
Temporary storage structures also known as "pods' are allowed with the prior written approval of the
ACC office provided that:
• Structure is located in the driveway of the Lot; and
• Structure is not placed on any Lot for more than seven (7) days.
The ACC shall be entitled to determine, in its sole and absolute discretion, whether a structure or shed on
any Lot complies with the foregoing requirements relating to size, height, fence enclosure and
construction materials. No accessory structure will be approved unless a principal residential structure
has been constructed on the Lot or the accessory structure is being constructed at the same time as the
principal residential structure. The ACC may adopt additional requirements for any accessory structure
on a case by case basis as a condition to approval.
All structures on a Lot must reflect consistently the same architectural style and materials as the main
residence constructed on the Lot.
No temporary or accessory structure may be erected without the advance approval by the ACC.
Prohibited Elements
The following architectural elements are prohibited within Granada unless expressly approved in writing
by the ACC:
Roofs
• Excessively pitched roofs.
• Mansard, gambrel or chalet roofs.
• Flat roofs.
• Roofs that are too steep or too shallow for the style of the home, as determined by the ACC.
• Shed roofs except as incidental to the main roof.
• Composition shingles.
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Design Elements
• Unnecessarily prominent chimneys and other roof penetrations.
• Vents or skylights facing the street.
• White or bubble skylights.
• Mirrored glass.
• Faux mullion windows
Materials and Colors
• Wood siding (wood siding accents may be permitted if approved by the ACC).
• Cultured stone unless approved by the ACC.
• Gray brick.
• Block masonry
Building Height
Unless otherwise approved in advance by the ACC, no building or residential structure may exceed two
and one-half stories or twenty-eight feet (28') in height as measured from the finished lot grade to the
midpoint of the highest pitched or hipped roof above. The measurement locations will be chosen by the
ACC based upon which points are most restrictive.
The height limitations imposed above shall not apply to: (i) chimneys and vent stacks, cupolas, or other
architectural features that are not intended for occupancy or storage; or (ii) flag poles and similar devices.
Views are neither guaranteed, preserved, nor protected within Granada.
Room Additions
Any room additions must be approved in writing by the ACC.
Additions to a residence will be considered for approval by the ACC if they meet the following:
• All materials used snatch those of the principal residential structure, including masonry,
windows, and paint color, shingles, etc.
• Sunrooms will be considered.
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• Screened Porches will be considered on a case by case basis and must meet the following
minimum acceptable standards:
• The porch and related improvements must be compatible with the architectural elements
of the principal residential structure. Paint colors and materials must match those of the
principal residential structure.
• Design should reflect consideration for any adverse impact of neighboring properties.
• Screened porches shall be located in back yard only. The screened porch shall not
encroach on any easement or building line.
• Screened porch shall be attached to the principal residential structure.
• Free standing screened porches are not permitted.
• Supplemental landscaping may be required as part of the ACC review.
• The roof of screened porch shall be solid decking shingled to match the principal
residential structure.
Greenbelt/Open Space Lots
"Greenbelt/Open Space Lots" shall refer to Lots/land that has not been developed, whether it is owned by
the Declarant, a Homebuilder, the Association or another Owner and is not intended for use as a single
family Lot. These areas are to be considered as private property and trespassing is prohibited. Lots
adjacent to Greenbelt/Open Space Lots must comply with all of the following requirements:
• The boundary between the Lot and the Greenbelt/Open Space Lots must be fenced in a manner
approved in advance by the ACC.
• The fence must be 6 feet in height and be constructed of "pyrite brown" wrought iron or other
decorative metal of a color and style specified by the ACC.
• No gate will be permitted into a Greenbelt/Open Space Lot.
• Backyards must be fully sodded with at least two 3" caliper hardwood trees installed by the
Owner.
• Sheds or outbuildings will not be permitted on any Lot adjacent to Greenbelt/Open Space Lots.
• At no time are Greenbelt/Open Space Lots to be used for ingress/egress or storage.
• Greenbelt/Open Space Lots should remain in their natural state. No removal or trimming of trees
is permitted.
Building Massing
Primary massing of a single family residence constructed on a Lot should be a reflection of the primary
interior rooms within the single family residence. Secondary massing should be a reflection of the
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secondary interior rooms within the single family residence. The concept is to design homes with simple
room lines that reflect the interior spaces that are being housed.
Roofs and Chimneys
The pitch, color and composition of all roof materials must be approved in writing by the ACC. Roof
vents and other penetrations shall be as unobtrusive as possible and must match the principal color of the
roof unless approved in advance by the ACC.
• Accepted Roof Pitch: Roof slope for the main structure and garage shall be approved in advance
by the ACC. Roofs must contain different pitches as determined by the ACC.
• Roof Desi et : Roof design shall include offsets and dormers to break up large expanses of roof
area.
Accepted Roof Materials: Roof materials allowed are concrete tile clay tile, natural slate, standing
seam metal roof (allowed only if made of copper, paint grip galvanized unpainted and as accent
roof projections not exceeding 200 square feet) or other materials with similar materials if
approved unanimously by the ACC. No more than two houses on adjacent lots have the same
roof pitch unless at least one roof has multiple pitches. Materials should be appropriate to the
design style chosen. For stucco style homes, a barrel tile roof shall be required. Roofing materials
must be submitted for approval prior to installation and labeled on all submitted elevations.
Acceptable colors are natural tones. In addition, roofs of buildings may be constructed with
"Energy Efficiency Roofing" with the advance written approval of the ACC. For the purpose of
the Section, "Energy Efficiency Roofing" means shingles that are designed primarily to: (a) be
wind and hail resistant; (b) provide heating and cooling efficiencies greater than those provided
by customary composite shingles; or (c) provide solar generation capabilities. The ACC will not
prohibit an Owner from installing Energy Efficient Roofing provided that the Energy Efficient
Roofing shingles: (i) resemble the shingles used or otherwise authorized for use within the
community; (ii) are more durable than, and are of equal or superior quality to, the shingles used
or otherwise authorized for use within the community; and (iii) match the aesthetics of adjacent
property. An Owner who desires to install Energy Efficient Roofing will be required to comply
with the architectural review and approval procedures set forth the Restrictions. In conjunction
with any such approval process, the Owner should submit information which will enable the
ACC to confirm the criteria set forth in this Section. Any other type of roofing material shall be
permitted only with the advance written approval of the ACC.
Mechanical Equipment: All mechanical equipment and pool equipment shall be complete
screened from view from adjacent properties or right-of-way. Screening may include
landscaping provide the plant sizes are sufficient to provide seventy-five percent (75%)
screening.
Vents: Plumbing vents should be minimally visible from the street as determined by the ACC. If
there must be a vent visible to the street then it should blend in color with the roof.
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In -House Sprinkler Systems
All single family residences constructed on a Lot must contain in-house sprinkler systems as required by
the Town of Westlake.
Exterior Doors and Windows
Acceptable Windows:
• All windows must be wood. All window brands must be submitted to the ACC for approval
prior to installation.
• All windows on front elevation of residence must have exterior mullions or muntins made of
wood.
Unacceptable Windows:
• Aluminum.
• Skylights that are visible from the street
Window Details:
Doors:
Windows may not be of reflective or darkly tinted glass.
All windows, other than those within court yards, must be recessed a minimum of 3" and not
"flush" to the exterior of the residence.
All doors shall be recessed a minimum of 3" and not "flush" to show wall depth.
Doors with muntins should have them placed on the exterior of the glass panes rather than being
"trapped" inside them.
Primary entry doors shall vary in design from house to house. If the same door is used on houses
within the same block, trim, accents or other architectural enhancements shall be used to create a
diverse appearance and maintain the appearance of a custom home neighborhood.
Garages
No carports shall be placed, erected, constructed, installed or maintained on a Lot.
All garages shall be approved in advance of construction by the ACC. The Improvements on each Lot
must contain one or more private enclosed garages, with garage parking capable at all times of housing at
least three (3) standard size automobiles. Each garage shall have a minimum width, as measured from
inside walls, of 9.6' per car and a minimum depth for each car of 20'. Each three (3) car garage shall have
a minimum width of sixty feet (60') for the 3 garage door front. A minimum of a 3 garage parking spaces
and 2 off street parking spaces shall be provided for each home.
All garage doors shall be made of sectional wood or be wood -clad. Aluminum and fiberglass doors are
prohibited. Garage doors shall be recessed a minimum of 6" to create more wall depth and lessen the
focus on the garage door. Garage doors shall be placed at right angles to the street where possible. If this
is not possible then special approval must be given by the ACG The ACC will take into account the
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size/shape of the Lot and surrounding landscape. Front facing doors are allowed if located further back
on the Lot than the side -entry garage portion and are in a motor court setting behind gate that extends
over a driveway.
Garages may contain appropriately sized storage rooms, recreational workshops and tool rooms, or
servants quarters or guest quarters, if approved in advance by the ACC. Except with respect to detached
garages, interior walls of all garages must be finished (i.e., taped, bedded and painted, at a minimum).
Each garage shall have garage doors that are wired so as to be operated by electric door openers. The
orientation of the opening into a garage (Le., side -entry or front -entry) must be approved in advance by
the ACC.
All garage doors shall remain closed at all times, save and except for the temporary opening of same in
connection with the ingress and egress of vehicles and the loading or placement and unloading, or
removal of other items customarily kept or stored therein, when a person is in the garage or engaged in
yard work, or there is another activity occurring on the Lot which is reasonably facilitated by an open
garage door.
No garage shall be converted to another use (eg., living space) without the substitution, on the Lot
involved, of another garage meeting the requirements of this section, and the approval of the ACC, and
use of parking space in a garage for work areas or storage (including boxes, toys, exercise equipment,
furniture; or work benches) to the exclusion of one or more vehicles is strictly prohibited.
Driveways, Sidewalks and Parking
The design of all driveways must be approved in advance by the ACC.
All driveways, sidewalks, and parking areas shall be surfaced with concrete, stone, or pavestone.
Concrete shall be exposed aggregate, salt finish or stamped and stained.
All driveways, sidewalks and parking areas shall be a minimum of one foot (P) from any adjacent
property line. The design of all parking areas should strive to minimize public view of any vehicles.
Driveways must permit entry by standard mid-size vehicles without "bottoming out" in the transition
area between the curb and property line as wells as the driveway area between the property line and the
garage.
If the driveway is raised significantly above finished grade (which will be determined by the ACC is its
sole and absolute discretion), the exposed sides of the driveway must be screened with landscaping
approved in advance by the ACC.
Arbors/Pergola/Patio Covers
All arbors, pergolas and patios covers shall be approved in advance of construction by the ACC.
Arbors, pergolas and patio covers must meet the following:
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• Shall not exceed 10' in height.
• Be of cedar or a wood that is painted to match the principal residential structure constructed on
the Lot (all other materials will be reviewed by the ACC on a case by case basis.)
• If roof is solid cover the shingles must match the principal residential structure constructed on
the Lot.
• Lattice on the arbor will be considered by the ACC on a case by case basis.
• Support columns should match the architectural character of the principal residential structure
constructed on the Lot.
• Approved stain color is Behr Natural 6501. Behr brand is not required, but color should match.
Decks
All decks shall be approved in advance of construction by the ACC.
Backyard deck additions must meet be of cedar or a wood that is painted or stained to match the
principal residential structure constructed on the Lot (all other materials will be reviewed on a case by
case basis by the ACC).
Unless otherwise approved by the ACC, the maximum deck height should not exceed more than 18"
above the highest surrounding grade.
Mailboxes
All mailboxes in the property shall be of a design consistent to the design attached hereto as Attachment 2
and the United States Postal Service regulations.
Exterior Lighting
THE OBJECTIVE OF THE REGULATION OF OUTDOOR LIGHTING IS TO PRESERVE THE NIGHTIME
DARK SKY BY MINIMIZING THE AMOUNT OF EXTERIOR LIGHTING. TO UTILIZE LOW
INTENSITY INDIRECT LIGHT SOURCES TO THE EXTENT REQUIRED FOR SAFETY AND SUBTLE
DRAMA. TO ACHIEVE OUTDOOR LIGHTING OF PLANT MATERIALS WITH HIDDEN LIGHT
SOURCES. THE TOWN HAS A "DARK SKY" PHILOSOPHY AND HAS ADDITIONAL OUTDOOR
LIGHTING REGULATIONS IN ITS CODE OF ORDINANCES.
All exterior lighting must be approved in advance by the ACG Exterior lighting will be kept to a
minimum and shall be subdued and indirect but consistent with good security practices. Such
illumination shall be designed and installed so as to light only landscaping, driveway areas and
walkways upon a Lot. Indirect sources and horizontal cut-off fixtures are recommended to reduce glare
and provide general ambient light. Soffit or tree lights must be shielded or directed towards vegetation
so as to eliminate glare and source visibility. Exterior lighting shall follow dark sky design guidelines.
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No exterior light whose direct source is visible from a street or neighboring property or which produces
excessive glare to pedestrian or vehicular traffic will be allowed. Nuisance lighting and or glare must be
avoided.
Up -lighting shall be limited to lighting landscaping elements and shall be limited to 25 watt incandescent
or equivalent lumens.
Building walls shall not be illuminated and light from landscape lighting may not illuminate building
walls higher than four feet (4') above grade.
Except as specifically allowed by the Town's Unified Development Code, floodlights are prohibited.
All light sources must be fully shielded from view from adjacent property or right-of-ways. Light sources
of 25 watts incandescent or equivalent may be shielded with frosted or opaque glass.
Use of other than white or color corrected high intensity lamps and exterior lights will not be allowed.
Sodium, mercury vapor, or bare HID yard lights are not allowed.
Exterior Holiday Decorations
Lights or decorations may be erected on the exterior of the principal residential structure in
commemoration or celebration of publicly observed holidays provided that such lights or decorations do
not unreasonably disturb the peaceful enjoyment of adjacent Owners. All lights and decorations must
not be permanent fixtures of the principal residential structure without prior written approval of the ACC
and shall be removed within thirty (30) days after the holiday has ended. Christmas decorations or lights
may not be displayed prior to November 15.
Air -Conditioning and Other Mechanical Equipment
No air-conditioning apparatus may be installed on the ground in front of the principal residential
structure or on the roof of the principal residential structure unless screened in a manner approved by the
ACC. Ground level air conditioning units shall be installed at street level only. All mechanical
equipment, including air-conditioning equipment, shall be located in a side or rear yard only and shall
not be visible from streets or Common Areas. No window air-conditioning apparatus or evaporative
cooler may be attached to any front wall or front window of the principal residential structure or at any
other location where it would be visible from any street, any other Lot or any Common Area.
POOL, SPA EQUIPMENT MUST BE LOCATED BEHIND WALLS OR SCREENED FROM VIEW WITH
LANDSCAPE TO CONTAIN NOISE.
Barbecue Grills
Freestanding barbecue grills are permitted only if they are stored and used in the rear yard space of the
Lot that is not visible from the street.
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GRANADA DESIGN GUIDELINES
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Landscape Guidelines
Detailed landscape plans for each Lot may be submitted to the ACC for consideration after construction
of the principal residential structure thereon has begun, so long as such submission occurs at least ninety
(90) days before completion of the residence. Upon written request, however, the ACC may waive the
requirement of landscape plans for any Lot if the Hornebuiider uses plans previously approved by the
ACC for another Lot. There shall be no revisions made to approved plans without submission to, and
approval by, the ACC of the revised plans. All introduced vegetation shall be trees, shrubs, vines,
ground covers, seasonal flowers or sodded grassed which are commonly used in North Central Texas for
landscaping purposes and which are approved by the ACC. An approved list of plants and turf is set
forth on Attachment 3. Landscaping in accordance with the approved plans shall be installed within ten
(10) days after issuance of a certificate of occupancy with respect to the principal residential structure.
Extensions to the time limit may be granted by the ACC for up to an additional thirty (30) days on a case
by case basis. The approved plans shall include permanent sodded grass or "ground cover" in all sodded
areas. Winter rye shall be considered a temporary measure to reduce soil erosion through the winter
season, and shall be completely removed and replaced with sodded grass according to the approved
plans. Each Lot shall be landscaped, at a minimum, with: (i) full sodded front, side and backyards yards,
(ii) the following number of hardwood shade trees in the front yard of each Lot --two (2) per Lot on all
Lots other than corner Lots and four (4) per corner Lot (with two (2) in the front portion of the Lot, and
two (2) in the side of the Lot adjacent to the street), and ten (10) shrubs sized five gallons or more. The
hardwood shade trees required in the front yard of each Lot shall be no smaller in size than 4" caliper.
Lots that have rear yards facing Dove Road or FM 1935 shall have a minimum of two (2) trees with at
least a four inch (4") caliper and two (2) trees with at least a two inch (2") caliper in each rear yard. This
requirement may be waived with the unanimous written consent of the ACC. After installation,
landscaping (including temporary landscaping) shall be properly maintained at all times. Any Owner
who wishes to plant one or more gardens upon their Lot must obtain the approval of the ACC of any
such garden and must follow applicable requirements as to size of the Lot, visibility of the Lot from other
Lots, streets or common areas, and such other matters as the ACC may specify in any written approval.
Landscaping should consist of a combination of sodded turf areas and bed areas containing shrubs and
ground cover. Side, front and back yard areas shall be 100% irrigated and 100% sodded where there are
no landscaping beds. Large expanses of mulch or bed areas without substantial shrub or groundcover
plantings are unacceptable unless the Lot contains a native stand of trees where sodding the entire yard
would potentially harm the health of the trees. Stone or gravel mulch with harsh, unnatural or high
contrast colors is prohibited. Street scene landscape shall be designed to be harmonious with adjacent
Lots and yet thematic in its plant selection.
During construction, existing trees shall be preserved and protected to the extent possible for the
intended development, as determined in the ACC's discretion; provided, however, that the ACC may
require the removal of cedar trees from a Lot regardless of the size of such cedar trees.
Ground cover is defined as a planting of low plants (such as ivy) that covers the ground in place of turf.
Rock or stone are not acceptable for use as a ground cover other than in flowerbed or walkway areas.
The use of rock or crushed rock as a ground cover shall not be permitted.
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GRANADA DESIGN GUIDELINES
Page 17 of 28
Landscape plans must include vegetative screening for above ground utility connections visible from the
street or adjacent properties.
Grass should be maintained at a height of no more than two and one-half inches. Mowing heights may
need to be altered to prevent scalping in the event of an uneven grade.
Grass will be trimmed away from sidewalks, the principal residential structure, planted areas and other
obstacles. It is suggested that line trimmers, mechanical edger and chemicals are employed to keep a
neat, tidy appearance.
Trees and shrubs should be pruned to avoid blocking clear view of signs, address marker, illumination by
light fixtures, the flow of air vents and air conditioner compressors as well as pedestrian and vehicular
traffic.
The ACC reserves the right to require additional landscaping for pools, cabanas and other hardscape
elements that may be constructed after completion of the principal residential structure and associated
landscaping.
Hardscape elements in the landscaping must be in scale with the principal residential structure and
associated structures. Sculptures and fountains are subject to approval by the ACC.
Notwithstanding any requirements to the contrary, Owners shall comply with all applicable
governmentally imposed water use restrictions and shall be granted appropriate relief from any specific
requirement set forth in these Design Guidelines that cannot reasonably be complied with, as determined
by the ACC, as a result of such water use restrictions.
The ACC may, upon the Owner's completion of the installation of landscaping, conduct an on-site
inspection of the property to ensure compliance with the approved plan.
Shrubs or flower beds shall be located in flower beds along the foundation line of all structures, except
cohere paving is adjacent to the structure, and must extend away from the foundation a minimum of five
feet (5').
No more than seventy-five percent (75%) of the landscaped area of a front yard may be covered by grass.
The landscape requirements of the Town's Roadway Landscape Zones contained within the Town's
Unified Development Code are applicable to all Lots.
Lawn Furniture, Decorations, and Garden Maintenance Equipment
Lawn furniture, including swings/chairs/benches in good repair are allowed on front porches of the
principal residential structure, but must be incorporated into a landscape theme if visible from other Lots.
Swings and or benches are not allowed on driveways/front lawns etc. unless specifically approved for
placement by the ACC.
One (1) birdbath of a standard size is acceptable in the rear yard of the Lot without prior written approval
from the ACC.
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GRANADA DESIGN GUIDELINES
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Notwithstanding exterior holiday decorations, plastic lawn decorations and artificial plants are not
permitted, including pink flamingos, animals, or other plastic designs/statues.
Lawn mowers, edgers, wheelbarrows, etc. may not be left out in view of other Lots except when in use.
Bulk/bag material (mulch, topsoil, etc.) may not be left out in view for longer than ten (10) days.
Irrigation
The ACC must approve all irrigation systems prior to installation.
Drainage
Responsibility for proper site drainage rests with the Owner. There shall be no interference with the
established drainage patterns except by Declarant, unless adequate provision is made for proper drainage
and such provision has been certified by a professional engineer and approved in advance by the ACC.
Each Owner is solely responsible for correcting any change in water flow or drainage caused by the
construction of Improvements on such Owner's Lot.
Fencing
All fencing that faces a street shall be decorative metal. See the "Greenbelt/Open Space Lots" Section of
these Design Guidelines for fencing requirements for Lots adjacent to greenbelt and/or open space.
All fencing should be either masonry or decorative metal. Each post shall have a decorative "cap" on each
post. Living plant materials for screening is also allowed.
Retaining walls on the front of a Lot shall be constructed of the same stone used on the single family
residence constructed on the Lot thereon. If the single family residence does not contain stone, the
retaining wall material shall blend with the residence constructed by the Declarant or Homebuilder.
Pools, Spas and Hot Tub Plans
The plans and specifications for each swimming pool, spa and hot tub constructed on a Lot must be
approved in writing and prior to construction by the ACC. All applications submitted to the ACC for the
approval of plans and specifications for swimming pools, hot tubs or spas must be accompanied by the
applicable Town permits for the construction of same. Any applications submitted to the ACC, which do
not include finalized construction permits from the applicable regulatory authority shall constitute an
automatic rejection of the application. Above -ground, movable, or temporary swimming pools are
prohibited. Each swimming pool constructed on a Lot must be entirely enclosed with a fence or similar
structure which, at a minimum, satisfies Applicable Law. The location, color and style of the fence or
enclosure must be approved in writing and in advance of construction by the ACC. The ACC may
require that a swimming pool, spa and hot tub constructed on a Lot and associated Improvements be
enclosed with a fence or similar structure. Approval of a swimming pool, spa and hot tub and/or
associated Improvements by the ACC will not constitute a determination by the ACC that the swimming
pool spa and hot tub and/or associated Improvements comply with Applicable Law or that the
19
GRANADA DESIGN GUIDELINES
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swimming pool, spa and hot tub and/or associated Improvements are safe for use. The ACC may require
an Owner to install additional screening as a pre -condition to the approval and construction of any
swimmingl2ool, spa, or hot tub. No swimming pool, spa and hot tub shall be located in the front or side
yard on any Lot. Unless otherwise approved in writing by the ACC, if the foundation or other vertical
surface of the swimming pool will extend more than twenty-four inches (24") above the final grade of the
Lot, the exposed foundation or vertical surface extending more than twenty-four inches (24") above the
final grade will be finished in a manner that matches the exterior masonry of the principal residential
structure. Application of the terms "front yard", "side yard", "foundation or other vertical surface",
and/or "final grade" as to a specific Lot will be determined by the ACC in its sole and absolute discretion.
The ACC may adopt additional requirements for any swimming pool, spa and hot tub and/or associated
Improvements on a case by case basis as a condition to approval.
Swimming pools shall be in -ground, or a balanced cut and fill, and shall be designed to be compatible
with the site and the principal residential structure as determined in the sole and absolute discretion of
the ACC. Unless otherwise approved in writing by the ACC, associated swimming pool, spa, and hot tub
improvements, such as rock waterfalls and slides, shall not be over six feet (6') in height. No pool or deck
may be closer than five (5) feet from any Lot line. Unless otherwise approved in writing by the ACC, all
maintenance equipment, including chemicals, plumbing fixtures, heaters, pumps, etc., associated with a
swimming pool, spa or hot tub may not be visible from any adjacent street or Lot. The drains serving a
swimming pool, spa and hot tub must be connected to street drainage systems. No swimming pool, spa
or hot tub shall be drained onto property other than the Lot on which the swimming pool, spa and hot
tub is constructed. Above ground spas and hot tubs visible from public view or from an adjacent street
or Lot shall be skirted, decked, screened or landscaped in a manner which excludes pumps, plumbing,
heaters, filters, etc. from view. No swimming pool, spa or hot tub will be approved unless a principal
residential structure has been constructed on the Lot or the swimming pool, spa or hot tub is being
constructed at the same time as the principal residential structure.
Basketball Goals and Sporting Equipment
Basketball goals, or backboards, or any other similar sporting equipment of either a permanent or
temporary nature shall not be placed on any Lot or street or where same would be visible from an
adjoining street or Lot without the prior written consent of the ACC.
Permanent goals must meet the following criteria
• the metal pole must be permanently mounted into the ground to the side of the driveway in a full
upright position 25' back from the curb;
• the pole, backboard and net must be maintained in good condition at all times; and
• poles may not be installed in front of the garage or facing into the street.
Portable goals will not be allowed unless the following criteria are met:
the goal must be placed to the side of the driveway and permanently installed to be flush with
the ground and maintained at all times in a hill upright position 25' back from the curb;
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GRANADA DESIGN GUIDELINES
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• the pole, backboard and net must be maintained in good condition at all times;
• poles may not be installed in front of the garage or facing the street;
• landscape barrier, such as small shrubs must screen the base of the goal;
• goals may not be rolled into the street or any other public right-of-way; and
• goals may not be maintained in front of the garage or facing into the street.
The ACC shall have the authority to establish additional guidelines for the placement and design of
basketball goals, backboards, or any other similar sporting equipment and the same shall be kept and
maintained out of view from any street, except in accordance with any such established guidelines.
Playscapes and Sport Courts
Sports courts, tennis courts, and playscapes or any similar recreational facilities may not be constructed
on any Lot without the advance written approval of the ACC. The ACC may prohibit the installation of
sports courts, tennis courts, playscapes or similar recreational facilities on any Lot.
Playscapes or any similar recreational facilities must comply with all the following requirements:
• Must be located where the equipment will have minimum impact on adjacent Lots and be
screened from public view.
• All playscapes or any similar recreational facilities equipment must be of earth tones colors, i.e.,
medium to dark greens, browns, and tans.
• Bright primary colors will not be permitted.
• Views of playscapes or any similar recreational facilities must be reduced from public streets and
adjoining units whenever possible.
• Playscapes or any similar recreational facilities must not be located any closer to a property line
than the established building setbacks.
• Trampolines, whether portable or non-portable must be placed no closer than five feet (5) to any
property line.
• Playscapes, playground equipment and trampolines are prohibited in the front yard.
If approved, portable playscapes, including but not limited to, non -permanent and/or inflatable slides,
moon bounces, water parks and above ground inflatable pools or kiddy pools (collectively "Portable
Playscapes") must be stored in a screened area, the rear of the Lot, or inside the garage when not in use.
In no event, shall any Portable Playscapes be visible from or in the front of any Owner's Lot for any
period of time exceeding twenty-four (24) consecutive hours.
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Erosion Control and Construction Regulations
The following restrictions shall apply to all construction activities at Granada. Periodic inspections bye
representative of the ACC may take place in order to identify non -complying construction activities. If
items identified as not complying with the regulations are not remedied in a timely manner, fines will be
levied.
Erosion Control Installation and Maintenance
It is the responsibility of each Owner to install erosion control measures prior to the start of construction
and to maintain them throughout the entire construction process.
Silt fencing installed to all applicable standards is required to be properly installed and maintained to
protect the low sides of all disturbed areas, where storm -water will flow during construction. The
purpose of the silt fence is to capture the sediment from the runoff and to permit filtered, clean water to
exit the site. The Owner should anticipate that built-up sediment will need to be removed from the silt
fence after heavy or successive rains, and that any breach in the fencing will need to be repaired or
replaced immediately.
If for any reason the silt fence is to be temporarily removed, please contact a representative of the ACC
prior to the removal.
Security
Neither the ACC, the Association, nor the Declarant shall be responsible for the security of job sites
during construction.
Construction Hours
Unless a written waiver is obtained from the ACC, construction may only take place during the following
hours: Monday through Friday from 7:00 a.m. until 7:00 p.m., and on Saturdays and Sundays from 9:00
a.m. until 6:00 p.m.
Noise, Animals, Children
The use of radios, tape and CD players must be restrained so as not to be heard on an adjoining Lot or
street.
Contractors and subcontractors may not bring dogs to construction sites. Contractors and subcontractors
may not bring children under 16 years of age to construction sites.
Material and Equipment Storage
All construction materials and equipment shall be neatly stacked properly covered and secured. Any
storage of materials or equipment shall be the Owner's responsibility and at their risk. Owners may not
disturb, damage or trespass on other Lots or adjacent property.
Insurance
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Page 22 of 28
The ACC requires an Owner to procure adequate commercial liability insurance during construction
naming the Association, the Declarant and the ACC as additional insureds, in an amount to be
determined, from time to time by the ACC.
Site Cleanliness
During the construction period, each construction site shall be kept neat and shall be properly policed to
prevent it from becoming an eyesore.
Owners shall provide a container for debris and shall clean up all trash and debris on the construction
site on a daily basis. Trash and debris shall be removed from each construction site on a timely basis.
Lightweight material, packaging and other items shall be covered or weighted down to prevent wind
from blowing such materials off the construction site.
The dumping burying or burning of trash is not permitted anywhere in Granada.
It is imperative that, when moving heavy equipment around, precautions be taken to prevent damage to
pavement, curbs, and vegetation. Crawler tractors are not to be operated on paved or concrete surfaces.
Mud, dirt and other construction debris that is tracked off site shall be cleaned on a daily basis.
Sanitary Facilities
A temporary sanitary facility (chemical toilet) shall be provided and maintained for the use of
construction workers and shall be screened from view in a manner approved in advance by the ACC.
Construction Parking
Construction crews shall not park on, or otherwise use, other Lots. No construction vehicle will be
permitted to leak oil or otherwise damage or deface any street located within the community.
Schedule of Fines
Periodic inspections by a representative of the ACC may take place in order to identify non -complying
construction activities. Listed below is the schedule of fines which may be assessed.
Schedule of Fines
Premature Clearing $5000
Construction Without ACC Approval
$5000
Encroachment on Adjacent Properties
$5000 plus cost of repair
Violation of Rules, Restriction or Guidelines
$500/day
Failure to Install and/or Maintain Erosion Control Measures
$1000/day
*Greenbelt/Open Space Lot violation
$5000
Sign Violation
$500 per sign/incident
*In the event, the Association or Declarant is required to repair, clean up or provide necessary service to
bring the improvement into compliance, the Owner will be assessed the cost of repair, clean up, or service
plus an additional 50% for time and service expended.
23
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GRANADA DESIGN GUIDELINES
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Duration of Construction
The principal residential structure residence shall be complete and available for occupancy on or before
eighteen (18) months after the commencement of construction.
Plan Submittals and Review Fees
New residential home construction within Granada will utilize the process described in this section. No
Improvements may be commenced until the Owner has received a written "Approval" from the ACC.
New or Revision House -Start ACC Application - $50 per application
Submittal process: Current ACC application completely filled out, plot plan attached (no plans
required), and a check per application mailed or delivered to the ACC. Revisions will be charged
same as a new submittal.
Master Plans ACC Submittal - $500 per package
Submittal process: These packages usually occur when a builder enters a community, or changes
product. All plans are to be submitted on ledger paper 11x16 or half size sets. Plans must include all
elevations, roof pitch, brick/stone/stucco/siding percentages, and dimensional page for house width.
Please include a submittal letter explaining the section(s) and specifics of the review. Mail or
deliver the plan sets along with a check to the ACC.
'Plans are reviewed in advance by the ACC."*
Additional/New ACC Plan Review - $50 per plan
Submittal process: Mail or deliver half size or 1lx16 set of plans that include all elevations, roof
pitch, brick/stone/stucco/siding percentages, and a dimensional page. Include a submittal letter
describing the request along with a check per each plan to he reviewed to the ACC.
Variance ACC Review - $50 per variance
Submittal process: Variance request letters must include the legal address, street address, and a
description of the variance, i.e. measurements, etc. Mail or deliver the letter and any supportive
materials (plot plan) along with a check to the ACC.
24
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GRANADA DESIGN GUIDELINES
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ATTACHMENTI
ACC APPLICATION
Deliver to:
ACC c/o
1221 North I -35E, Suite 200
Carrollton, Texas 75006
Phone: (469) 892-7200
Fax: (469) 892-7202
Date
Lot: Block: Phase: Section:
Plan #: Bedrooms: Baths:
Address:
Lot Plan Attached: (Please Circle) Yes/No
V Floor Masonry % 2^d Floor Masonry %
Chimney: (Please Circle) Yes/No Masonry Fiber Cement
Fencing Type:
Stone Manufacturer
and Color:
Brick Manufacturer and Color:
Roof Pitch: Roof Color: Roof Material:
Paint Color:
Fill in the information if different from color above
Trim. Color:
Shutters
Square Footage of Ho
Front Retaining Wall:
Builder Name/Contact
By:
AUSTIN 1/699747v.4
46145-8 10/22/2013
Door Color:
Garage Color:_
House Width:
(Please Circle) Yes/No Deck: Yes/No Patio: square feet
25
Approval Date:
GRANADA DESIGN GUIDELINES
Page 25 of 28
ATTACHMENT
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AUSTIN -1/699747v.4
46145-8 10/22/2013
GRANADA DESIGN GUIDELINES
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MAILBOXES ACDRESS PLAQUES ACCESSORIES JANZER COLLEGPON INHERE TO BUY HOAtHURDERS CON 1ACT ORDER
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Page 27 of 28
ATTACHMENT
NORTH TEXAS PLANT LIST
The following list should be used as a starting point for selecting plants in Granada. Requirements for
specific Lots may be more or less restrictive depending on landscape indigenous to the immediate site
and the location of the site within the Property.
Canopy Trees at Street/ Lot:
Shumard Red Oak (Quercus shumardii)
Live Oak (Quercus virginiana)
Chinquapin Oak (Quercus muehlenbergii)
Lacebark Elm (Ulmus parvifolia)
Cedar Elm (Ulmus crassifolia)
Allee Elm (Ulmus parvifolia'Emer II')
Texas Ash (Fraxinus texensis)
White Ash (Fraxinus americana)
Canopy Trees at Open Spaces:
Bald Cypress (Taxodium distichum)
Bur Oak (Quercus macrocarpa)
Lacey Oak (Quercus laceyi)
Ornamental Trees:
Desert Willow (Chilopsis linearis)
Thornless Mesquite (
Mexican Plum (Prunus mexicana)
Redbud (Redbud spp.)
Yaupon Holly (Ilex vomitoria)
Possomhaw Holly (Ilex decidua)
Eastern Red Cedar (Juniperus virginiana)
Vitex (Vitex agnus)
Crape Myrtle (Lagerstroemia indica)
Shrubs:
Abeha spp. (Abelia)
Cast Iron Plan (Aspidistra elatior)
Coral Beauty Cotoneaster (Cotoneaster dammeri)
Agarito (Mahonia trifoliolata)
American Beautyberry (Callicarpa Americana)
Apache Plume (Faliugia paradoxa)
Autumn Sage (Salvia greggii)
Dwarf Wax Myrtle (Myrica pussila)
Flame Acanthus (Anisacanthus wrightii)
Fragrant Sumac (Rhus aromatic)
27
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GRANADA DESIGN GUIDELINES
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Pale Leaf Yucca (Yucca pallida)
Red Yucca (Hesperaloe parviflora)
Smooth Sumac (Rhus glabra)
Texas Barberry (Mahonia swaseyi)
Texas Sage(Leucophyllum frutescens)
Turk's Cap (Malvaviscus drummondii)
Grasses:
Switchgrass (Panicum virgatum)
Big Bluestem (Andropogon gerardii)
Bushy Bluestein (Androphgon glomeratus)
Eastern Gamagrass (Tripsacum dactyloides)
Gulf Muhly (Muhlenbergia capillaris)
Indiangrass (Sorghastrum nutans)
Inland Seaoats (Chasmanthium latifolium)
Lindheimer Muhly (Muhlenbergia lindheimeri)
Little Bluestem (Schizachyrium scoparium)
Perennials:
Black Eyed Susan (Rudbeckia hirta)
Blackfoot Daisy (Melampodium leucanthum)
Blue Mist Flower (Eupatorium greggii)
Butterfly Weed (Asclepias tuberosa)
Cardinal Flower (Lobelia cardinalis)
Coreopsis (Coreopsis lanceolata)
Fall Obedient Plant (Physostegia virginiana)
Four -nerve Daisy (Hymenoxys scaposa)
Fragrant Phlox (Phlox pilosa)
Cedar Sage (Salvia roemeriana)
Mealy Blue Sage (Salvia farinacea)
Prairie Verbena (Verbena bipinnatifida)
Purple Coneflower (Echinacea spp.)
Rockrose (Pavonia lasiopetala)
Ruellia (Ruellia spp.)
Scarlet Sage (Salvia coccinea)
Texas Lantana (Lantana horrida)
Winecup (Callirhoe involuncrata)
Yellow Columbine (Aquilegia spp.)
28
AUSTIN 1/699747v.4
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GRANADA DESIGN GUIDELINES