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Heatherwood of Plano Homeowners Association
AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
WITNESSET II: Article I Definitions Article II Reservations, Exceptions and Dedications Section 1. Recorded Plat of the Addition Section 2. Easements Section 3. Title Subject to Easements Article III Use Restrictions Section 1. Single Family Zero Lot Line Residential Construction Section 2. Minimum Square Footage within Improvements Section 3. Sidewalks Section 4. Location of the Improvements upon the Lot Section 5. Composite Building Site Section 6. Prohibition of Offensive Activities Section 7. Use of Temporary Structures Section 8. Storage of Automobiles, Boats, Trailers and Other Vehicles Section 9. Mineral Operations Section 10. Animal Husbandry Section 11. Walls, Fences and Hedges Section 12. Visual Obstruction at the Intersection of Public Streets Section 13. Lot Maintenance Section 14. Signs, Advertisements, and Billboards Section 15. Antennas Aritcle IV Architectural Control Committee Section 1. Approval of Building Plans Section 2. Committee Membership Section 3. Replacment Section 4. Minimum Construction Standards Section 5. Term Article V Section 1. Membership and Voting Rights Section 2. The Association Shall Have Two Classes of Voting Membership. Section 3. Non-Profit Corporation Section 4. By-Laws Article VI Maintenance Assessments Section 1. Creation of the Lien and Personal Obligation of Assessments Section 2. Purpose of Assessments Section 3. Rate of Assessment Section 4. Maximum Annual Assessment Section 5. Effect of Nonpayment of Assessments. Section 6. Subordination of the Lien to Mortgages. Section 7. Additions to Existing Property. Article VII General Provisions Section 1. Term Section 2. Severability Section 3. Invalidation Section 4. Defaults and Violations Section 5. Other Jurisdictional Authority. Section 6. FHA/VA Approval Section 7. Captions
AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
STATE OF TEXAS COUNTY OF COLLIN This Declaration is made on the date hereinafter set forth by General Homes Corporation, a Texas corporation, hereinafter referred to as "Declarant".
WITNESSET II: Whereas, Declarant is the owner of that certain property in Heatherwood I, more particularly described as follows: Being all of Lots 16-29, 31, 32, 34, 35, BLK. G; Lots 21-28, 30-35, 37-50, BLK. H; Lots 1-7, 9-16, BLK. I; Lots 2-13, Blk. J; out of Heatherwood I, an addition ("Addition") to the City of Plano, as recorded by that certain Plat ("Plat") in Cabinet D, Page 91, of the Plat Records of Collin County, Texas, and WHERAS, Declarant is also the owner of that certain property in Heatherwood II, more particularly described as follows: Being all of Lots 2-15, Blk. A; Lots 1-24, Blk. B; Lots 1-4, Blk. C; Lots 1-8, Blk. D; Lots 1-32, 34-42, Blk. E; Lots 1-23, 25-49, Blk. F; Lots 1-6, 8-10, Blk. G.; Lots 1-39, Blk. H; Lots 1-18, Blk. I; out of Heatherwood II, an addition ("Addition") to the City of Plano, as recorded by that certain Plat ("Plat") in Cabinet D, Page 192, of the Plat Records of Collin County, Texas. WHEREAS, it is the desire of the Declarant to place certain covenants, conditions, restrictions, stipulations and reservations upon and against the Property (hereinafter defined) in order to establish a uniform plan for the development, improvement and sale of such Property, and to insure the preservation of such uniform plan for the benefit of both the present and future Owners (hereinafter defined) of Lots in the Addition; Now, therefore, declarant hereby adopts, establishes and imposes upon the Lots, and declares the following covenants, conditions, restrictions, stipulations and reservations (collectively, the "Restrictions") applicable thereto, all of which are for the purposes of enhancing and protecting the value, desirability and attractiveness of the Property, and all of which shall run with the Property and shall be binding upon all parties havine or acquiring any right, title or interest therein, or any part thereof, and shall insure to the benefit of each Owner thereof. Article I Definitions "ACC" shall mean and refer to the Architectural Control Committee. "City" shall mean and refer to the City of Plano, Texas. "FHA" shall mean and refer to the Federal Housing Administration. "GHC" shall mean and refer to the General Homes Corporation. "Lot" shall mean and refer to any lot of land in the Addition. "Owner" shall mean and refer to the record owner, including contract sellers and whether one or more persons or entities, of fee simple title to any Lot which is a part of the Property, but excluding those persons or entities having such interest merely as security for the performance of an obligation. "Property" shall mean and refer to any (or all of the) Lot(s) in the Addition, subject to the Restrictions set forth herein and in the Plat of the Addition, and any additional Property made subject to the terms hereof pursuant to the provisions set forth herein. The "Association" shall mean and refer to the Heatherwood of Plano Homeowner’s Association. "VA" shall mean andd refer to the Veteran’s Administration. Article II Reservations, Exceptions and Dedications Section 1. Recorded Plat of the Addition The recorded Plat dedicates for use, subject to the limitations set forth therein, the streets and easements shown thereof, and such recorded Plat further establishes certain restrictions applicable to the Addition including, without limitation, certain minimum setback lines. All dedications, limitations, restrictions and reservations shown on the recorded Plat are incorporated herein and made a part hereof as if fully set forth herein, and shall be construed as being adopted in each contract, deed or conveyance executed or to be executed by or on behalf of any Lot Owner conveying such Property or any part thereof, whether specifically referred to therein or not. Section 2. Easements Declarant reserves for the public use the easements and rights-of-way as shown on the recorded Plat for the purposes of constructing, maintaining and repairing a system or systems of streets, alleys, electric light, electric power, telegraph, telephone, water distributions, sewers, cable television, garbage collection or any other utility Declarant sees fit to install in, across and/or under the Property. Declarant reserves the right to make changes in and additions to the above easements for the purpose of most efficiently and economically installing the improvements, but such changes and additions must be approved, if required, by the City, FHA and VA. Neither Declarant nor any utility company using the easements herein referred to shall be liable for any damages done by them or their assigns, agents, or employees, to fences, shrubbery, trees, flowers or any other improvements on the land covered by such easements. Section 3. Title Subject to Easements It is expressly agreed and understood that the title conveyed by any Lot Owner to any of the Property, by contract, deed or other conveyance, shall be subject to any easement affecting same for streets, alleys, electric light, electri power, telegraph, telephone, water distribution, sewers, cable television, garbage collection, or other purposes. The Owners of the respective Lots shall not be deemed to separately own pipes, wires, conduits or other service lines running through their property which are utilized for or service other Lots, but each Owner shall have an easement in and to the aforesaid facilities as shall be necessary for the use, maintenance and enjoyment of his Lot. Article III Use Restrictions Section 1. Single Family Zero Lot Line Residential Construction No building shall be erected, altered, or permitted to remain on any Lot other than one detached single family zero lot line dwelling used for residential purposes only, and not to exceed two (2) stories in height. As used herein, the term "residential purposes" shall be construed to prohibit mobile homes or trailers being placed on the Lots, or the use of such Lots for garage apartments, or apartment houses; and no Lot shall be used for business or professional purposes of any kind, nor for any commercial or manufacturing purposes. No building of any kin, with the exceptions of one for lawn equipment storage, children’s playhouses, or other uses that may be approved by the Architectural Control Committee ("ACC"), shall ever be moved onto any Lot within the Addition. A minimum of fifty percent (50%) of the first floor wall area to the top of the first floor window height and exclusive of openings shall be masonry, masonry veneer, or stucco construction unless otherwise approved in writing by the ACC, or unless further restricted by City ordinances. Section 2. Minimum Square Footage within Improvements The Lots are restricted to a detached zero lot line dwelling with a minimum of one thousand two hundred (1,200) square feet of livable area, exclusive of open porches and garages or carports, unless further restricted by City ordinances. Section 3. Sidewalks A concrete sidewalk four (4) feet wide shall be constructed along the fronts of all lots. In addition thereto, four (4) foot wide sidewalks shall be constructed along the entire side of all corner lots. Sidewalks shall be constructed in conformance with City, FHA, and VA specifications and regulations, and the plans for each residential building on each Lot shall include plans and specifications for such sidewalks, and the same shall be constructed and completed before the main residence is occupied. Section 4. Location of the Improvements upon the Lot No structure shall be located on any Lot nearer to the front line or nearer to the street side line than the minimum building setback line shown on the recorded plats or replats, unless approved by the City and the ACC. Subject to the provisions of Section 5 below, one wall of the building, carport or garage shall be located on one side lot line on interior lotsifthe dwelling is a single-family detached zero lot line dwelling. However, this wall shall not have any windows, doors, or other such related openings. The other wall of the building, carport, or garage shall be a minimum of ten (10) feet to an interior lot line or ten (10) feet to an exterior lot line on a corner lot. In no instance shall a building be located nearer than twenty (20) feet to the front of the property line or nearer than ten (10) feet to the rear property line. For the purposes of this covenant, eaves, steps and unroofed terraces shall not be considered as part of a building; provided, however, that this shall not be construed to permit any portion of the construction on a Lot to encroach upon another Lot. Section 5. Composite Building Site Subject to the approval of the ACC, any Owner of one or more adjoining Lots or portions thereof may consolidate or redivide such Lots or portions into one or more building sites with the privilege of placing or constructing improvements on such resulting sites, in which case the front footage at the building setback lines shall be measured from the resulting side property lines rather than from the Lot lines as indicated on the recorded Plat. Any such resulting building site must have a frontage at the building setback line of not less than forty-four (44) feet and must be approved by the City through replatting. Notwithstanding anything herein, any applicable City ordinances supersede, where applicable, these restrictions. Section 6. Prohibition of Offensive Activities No activity, whether for profit or not, shall be conducted on any Lot which is not related to single family residential purposes. No noxious or offensive activity of any sort shall be permitted nor shall anything be done on any Lot which may be or become an annoyance or a nuisance to the neighborhood. This restriction is waived in regard to the normal sales activities required to sell homes in the Addition and the lighting effects utilized to display the model homes. Section 7. Use of Temporary Structures The structure of a temporary structure, whether trailer, basement, tent, shack, garage, barn or other outbuilding, shall be maintained or used on any Lot at any time as a residence, or for any other purpose, with the exception of one for lawn equipment storage, children’s playhouses, or other uses that may be approved by the ACC; provided, however, that GHC reserves the exclusive right for itself, so long as GHC is marketing homes in the Addition, to erect, place and maintain such facilities in or upon any portions of the Property as in the discretion of Declarant, or of GHC, may be necessary or convenient while selling or constructing residences and constructing other improvements upon the Property. Such facilities may include, but not necessarily be limited to, sales an construction offices, storage areas, model homes, signs, parking lots and portable toilet facilities. Notwithstanding anything herein, any applicable City ordinances supersede, where applicable, these restrictions. Section 8. Storage of Automobiles, Boats, Trailers and Other Vehicles No motor vehicle or non-motorized vehicle, recreational vehicle, trailer, boat, marine craft, hovercraft, aircraft, machinery or equipment of any kind may be parked or stored on any portion of the property for more than twenty-four (24) hours in any seventy-two (72) hour period, unless such vehicle is less than twenty-one (21) feet in length and is completely concealed from public view inside a garage or other enclosure approved by the City and the ACC, except passenger automobiles and vans, motorcycles, pick-up trucks, or pick-up trucks with attached bed campers that are in operating condition with current license plates and inspection stickers, and are in daily use as motor vehicles on the streets and highways of the State of Texas. This restriction shall not apply to any vehicle, machinery, or equipment temporarily parked and in use for the construction, repair or maintenance of a home or homes in the immediate vicinity. If a complaint is received about a violation of any part of this Section, then the ACC will be the final authority on the matter. Notwithstanding anything herein, any applicable City ordinances supersede, where applicable, these restrictions. Section 9. Mineral Operations No Drilline, development operation, refining, quarrying or mining operation of any kind shall be permitted upon or in any Lot, nor shall any wells, tanks, tunnels, mineral excavation or shafts be permitted upon or in any Lot. No derrick or other structure designed for the use in boring for oil, natural gas or other minerals shall be erected, maintained or permitted upon any Lot. Section 10. Animal Husbandry No amimals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other common household pets may be kept provided that they are not kept, bred or maintained for commercial puposes, no more than two of each type of pet will be permitted on each Lot. If common household pets are kept, they must be restrained or confined inside a fenced area in the rear of the Lot, or within the designated property lines of the Lot or within the home. When away from the Lot, pets must be on a leash at all times. It is the pet owner’s responsibility to keep the Lot clean and free of pet debris. Section 11. Walls, Fences and Hedges No hedge in excess of three (3) feet in height, no wall and no fence shall be erected or maintained nearer to the front Lot line than the front exterior wall of the dwelling existing on such Lot. No side or rear fence, wall, or hedge shall be more than eight (8) feet high. All fences must be constructed of wooden or masonry material or material approve by the ACC before installation. Any fence or wall erected shall become the property of the Lot on which the same is erected, and shall be maintained and repaired by such Lot Owner. Section 12. Visual Obstruction at the Intersection of Public Streets No object or thing which obstructs sight lines at elevations between two (2) feet and ten (10) feet above the roadways within the triangular area formed by: the intersecting street property lines and a line connecting them at points thirty (30) feet from the intersection of the street property lines or extension thereof, shall be placed, planted or permitted to remain on any corner Lots. Section 13. Lot Maintenance The Owners or occupants of all Lots shall at all times keep all weeds and grass thereof cut in a sanitary, healthful and attractive manner, edge the street curbs that run near their Lot lines, and shall in no event use any Lot for storage of materials and equipment, except for normal residential requirements or incident to construction of improvements thereon as herein permitted. The drying of clothes in full public view is prohibited, and the Owners or occupants of any Lots at the intersection of streets or adjacent to parks, playgrounds or other facilities where the rear yard or portion of the Lot is visible to full public view shall construct and maintain a drying yard or other suitable enclosure to screen the following from public view: the drying of clothes, yard equipment, or storage piles which are incident to the normal residential requirements of a typical family. No window or wall-type air conditioners shall be permitted to be used, erected, placed or maintained if they are visible from the front street side of the Lot. All Owners and occupants shall comply with any ordinances enacted by the City pertaining to the storage and disposal of garbage, trash and other waste materials. No Lot shall be used or maintained as a dumping ground for trash. Trash, garbage or other waste materials shall not be kept except in sanitary containers constructed of metal, plastic or masonry materials with sanitary covers or lids. Containers for the storage of trash, garbage and other waster materials must be stored out of public view. Equipment for the storage or disposal of such waste materials shall be kept in a clean and sanitary condition. New building materials used in the construction of improvements erected upon any Lot may be placed upon such Lot at the time construction is commenced and may be maintained thereon for a reasonable time, so long as the construction progresses without undue delay, until the completion of the improvements, after which these materials shall either be removed from the Lot or stored in a suitable enclosure on the Lot. Section 14. Signs, Advertisements, and Billboards Except for signs owned by GHC advertising their homes during the period of original construction and home sales, no sign, advertisement, poster, billboard or advertising structure of any kin other than a normal "For Sale" sign not to exceed six (6) square feet in total size may be erected or maintained on any Lot in the Addition. GHC or its assigns, shall have the right to remove any sign, advertisement, billboard or structure that does not comply with the above, and in so doing shall not be subject to any liability of trespass or other sort in the connection therewith or arising with such removal. Section 15. Antennas No electronic antenna or device of any type other than an antenna for receiving normal radio and television signals shall be erected, constructed, placed or permitted to remain on any Lot, home, garage, or building. One (1) antenna only may be attached to the main residential structure, and, in all cases, no antenna of any style shall be either: (a) erected as a free-standing structure: (b) permitted to extend more than six (6) feet above the highest point of the roof of the main residential structure of the Lot, or (c) maintained on any portion of the Lot forward of the front building line of such Lot. Aritcle IV Architectural Control Committee Section 1. Approval of Building Plans No building shall be erected, placed or altered on any Lot until the construction plans and specifications, and a plot plan showing the location of the structure on such Lot, have been approved in writing as to harmony and uniformity of exterior design and brick and paint color with existing structure, as to location with respect to topography and finished ground elevation, and as to compliance with minimum construction standards established by the ACC A copy of the construction plans and specificatons and plot plan, together with such information as may be deemed pertinent, shall be submitted to the ACC, or it designated representative, prior to commencement of construction. The ACC may require the submission of such plans, specifications and plot plans, together with such other documents as it deems appropriate, in such form and detail as it may elect at its entire discretion. If the ACC fails to approve or disapprove such plans and specifications within thirty (30) days after the receipt of the required documents, then approval will not be required and the requirements of this Section will be deemed to have been fully complied with. The ACC shall have full and complete authority to approve construction of any improvement on any Lot, and it judgment shall be final and conclusive. Section 2. Committee Membership The ACC shall consist of three (3) members, who initially shall be Michael S Gavin, Terrence M Hartzell, and G Michael Henry, whose address is 15301 Dallas Parkway, Suite 1020, Dallas, Texas 75248, and who by majority vote may designate a representative to act for them. At any time, GHC, its successors and assigns, or after January 1, 1989, the then record owners of a two thirds (2/3) majority of the Lots, shall have the power through a duly recorded instrument to change the membership of the ACC on all or some of the Lots (ie, there may be more than one (1) ACC for all of the Lots) or restore to it any of its powers and duties. Neither the ACC members nor its designated representative shall be entitled to any compensation for services performed, nor shall they be held financially or otherwise responsible for any acts or duties exercised hereunder or failure to exercise any act or acts of duties set out herein. Section 3. Replacment In the event of death or resignation of any member or members of the AC, then the remaining member or members shall appoint a successor member or members, and until such successor member or members shall have been so appointed, the remaining member or members shall have full authority to approve or disapprove plans, specification and plot plans submitted or to designate a representative with like authority. Section 4. Minimum Construction Standards The ACC may from time to time promulgate an outline of minimum acceptable construction standards; provided, however, that such outline will serve as a minimum guideline and such ACC shal not be bound thereby. Section 5. Term The duties and powers of the ACC and of the designated representative shall cease on or after five (5) years from the date of this instrument. Thereafter, any approvals described in this Declaration shall not be required, and all power vested in the ACC by this Declaration shall cease and terminate. Article V Section 1. Membership and Voting Rights Every owner of a lot subject to a maintenance charge by the Association shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. The foregoing is not intended to included persons or entities who hold an interest mereley as security for the performance of an obligation. No owner shall have more than one membership. Section 2. The Association Shall Have Two Classes of Voting Membership. Class A. Class A members shall be Owners as defined in Section 1 of Article V, with the exception of the Declarant and shall be entitled to one vote for each Lot owned. When more than one person hols an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or on January 1, 1989. The Class A and Class B members shall have no rights as such to vote as a class, except as required by the Texas Non-Profit Corporation Act, and both classes shall vote together upon all matters as one group. Section 3. Non-Profit Corporation Heatherwood of Plano Homeowners’ Association, a non-profit corporation, has been organized; and it shall be governed by the Articles of Incorporation of said Association; and all duties, obligations, benefits, liens and rights hereunder in favor of the Association shall vest in said corporation.
Section 4. By-Laws The Association may make whatever rules or bylaws it may choose to govern the organization; provided, however, that same are not in conflict with the terms and provisions hereof.
Article VI
Maintenance Assessments
Section 1. Creation of the Lien and Personal Obligation of Assessments Each Lot in the Properties is hereby subjected to an annual maintenance charge, and the Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association; (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collecte, as hereinafter provided. The annual and special assessments, together with interests, costs, and reasonable attorney’s fees, shall be a charge on the Lots and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney’s fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successor in title unless expressly assumed by them.
Section 2. Purpose of Assessments The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of common areas, if any. The responsibilities of the Association shall include, by way of example but without limitation, at its sole discretion, any and all of the following: maintaining parkways, repair of the walkways, steps entry gates, or fountain areas, if any; maintaining right-of-way, easements, esplanades and other public areas, if any; construction and operation of all street lights; purchase and/or operating expenses of recreation areas, if any; payment of all legal and other expenses incurred in connection with the enforcement of all recorded charges and assessments, covenants, restrictions, and conditions affecting the Properties to which the maintenance fund applies; payment of all reasonable and necessary expenses in connection with the collection and administration of the maintenance charge and assessment; employing policemen and watchmen; if desired, caring for vacant Lots and doing any other things necessary or desirable in the opinion of the Association to keep the properties in the subdivision neat and in good order, or which is considered of general benefit to the owners or occupants of the Properties. It is understood that the judgment of the Association in the expenditure of said funds shall be final an conclusive so long as such judgment is exercised in good faith.
Section 3. Rate of Assessment The maintenance charge on Class B Lots shall be a minimum of 50% of the assessment for Class A Lots per month and shall begin to accrue on a monthly basis on each such Lot on the date these Covenants, Conditions and Restrictions are recorded. The entire accrued charge (of said rate stated above per month) on each Lot shall become due and payable on the date such Lot converts from a Class B to a Class A Lot by reason of the Owner’s purchase of a residence thereon. For the first year of ownership or any fraction thereof, the assessment shall be the number of months the Lot has been occupied by a homeowner times the monthly assessment rate payable on January 1, for the proceeding first year or fraction of the first year. After the first year, the maintenance charge will be collected annually in the amount of the annual assessment; payable January 1, of the specific year for the preceding year. The rate at which each Lot will be assessed will be determined annually, and may be adjusted from year to year by the Board of Directors of the Association as the needs of the subdivision may, in the judgment of the Board of Directors of the Association, require; provided that the such assessment will be uniform and in no event will such assessment or charge exceed $10.00 per Lot per month, or $120.00 per Lot per year, unless increased as provided below. The Association can collect special assessments as well as annual charges above described whenever the members so vote.
Section 4. Maximum Annual Assessment Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be $10.00 per Lot per month. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than 10% above the maximum assessment for the previous year without a vote of the membership. The Board of Directors may fix the annual assessment at an amount not in excess of the maximum, and shall fix the amount of the annual assessment agains each Lot at least thirty (30) days in advance of the annual assessment period, which shall begin on the first day of January of each year. Written notice of the annual assessment shall be sent to every Owner subject thereto. The dates shall be established by the Board of Directors.
Section 5. Effect of Nonpayment of Assessments. Any assessment not paid within thirty (30) days after the due date shall bear interest from the date at the rate of ten (10%) percent per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided herein by non-use of the facilities or services provided by the Association or by abandonment of his Lot.
Section 6. Subordination of the Lien to Mortgages. To secure the payment of the maintenance fund and all annual and special assessments established hereby and to be levied on individual residential Lots, there is hereby reserve in each Deed (whether specifically stated therein or not) by which the Declarant shall convey such lots, a vendor’s lien for benefit of the Association, said lien to be enforceable through appropriate proceedings at law by such beneficiary; provided, however that each lien shall be secondary, subordinate and inferior to all liens, present and future given, granted and created by or at the instance and request of the Declarant and the owner of any such Lot to secure the payment of monies advanced on account of the purchase price and/or the construction of improvements on any such lot to the extent of any such maintenance fund charge or annual or special assessments accrued and unpaid prior to foreclosure of any such purchase money lien or construction lien; and further provided that as a condition precedent to any proceeding by the Association to enforce such lien upon any Lot upo which there is an outstanding valid and subsisting first mortgage lien, for the aforesaid purpose or purposes, the Association shall give the holder of such first mortgage lien sixty (60) days written notice of such proposed action, which notice shall be sent to the nearest office of such first mortgage holder prepaid US Registered Mail, and shall contain a statement of the delinquent maintenance charges or annual or special assessments upon which the proposed action is based. Upon the request of any such first mortgage lienholder, the Association shall acknowledge in writing its obligation to give the foregoing notice with respect of the particular Lot covered by such mortgage lien to the holder thereof. The sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessment as to payments which became due prior to such sale of transfer.
Section 7. Additions to Existing Property. Additional lands may become subject to the scheme of this Declaration in the following manner: a. Additions by Declarant. The Declarant, its successors and assigns shall have the right to bring within the scheme of the Association any additional residential properties in future stages of the development of Heatherwood upon approval of the Board of Directors of the Association, with consent of two-thirds of each class of membership or FHA/VA approval. Any additions authorized under this and the succeeding subsections, shall be mad by filing of record a Declaration of Covenants and Restrictions and Annexation Agreement with respect to the additional property or properties which shall extend the scheme of the covenants and restrictions of this Declaration to such property and the execution thereof by the President of the Board of Directors. Such Declaration must impose an annual maintenance charge assessment on the property covered thereby, on a uniform, per Lot basis, substantially equivalent to the maintenance charge and assessment imposed by this Declaration, and may contain such complementary additions and/or modifications of the covenants and restrictions contained in this Declaration as may be applicable to the additional lands. b. Other Additions. Upon the approval of the Board of Directors of the Association, in its sole discretion, the owner of any property who desires to add it to the scheme of this Declaration and to subject it to the jurisdiction of the Association may file of record an Annexation Agreement and Declaration of Covenants and Restrictions upon the satisfaction of the conditions specified in subsection (a) above. c. Mergers. Upon a merger or consolidation of the Association with another association, the Association’s properties, rights, and obligations may be transferred to another surviving or consolidated association or, alternatively, the properties, rights, and obligations of another association may be added to the properties, rights, and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association shall administer the covenants and restrictions established by this Declaration and all Supplemental Declarations, together with the covenants and restrictions applicable to the properties of the other association as one scheme. No such merger or consolodation, however, shall effect any revocation, change or addition to the covenants established by this Declaration or any Supplemental Declaration. Article VII
General Provisions
Section 1. Term The Restrictions shall run with the land and shall be binding upon all parties and all persons claiming under them for a period of forty (40) years from the date this Declaration is recorded, after which time such Restrictions shall be automatically extended for successive period of ten (10) years each, unless an instrument signed by a majority of the then Owners of the Lots has been recorded agreeing to change or terminate such Restrictions in whole or in part. The terms and provisions of the Restrictions may be amended at any time when an instrument setting forth such changes and signed by: (a) GHC, or (b) signed by a two-thirds (2/3) majority of the Owners of the Lots and until January 1, 1989, is placed of record in the Records of Collin County, Texas. Upon any violation or attemp to violate any of the Restrictions herein, it shall be lawful for the ACC or any Lot Owner to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such Restrictions, and either to prevent him or them from doing so or to recover damages or other dues for such violations. Failure by the ACC or any Owner to enforce any Restrictions herein shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability Invalidation of any one of the Restrictions or judgement or other court order shall in no way affect any of the other Restrictions which shall remain in full force and effect.
Section 3. Invalidation Violation or failure to comply with the Restrictions herein shall in no way affect the validity of any mortgage, deed of trust, loan or lien, made in good faith and for value, as to the same Property or any part thereof, which may be then existing or against any Lot.
Section 4. Defaults and Violations In the event of default or violation on the part of any Owner or occupant of any Lot in observing any of the terms and conditions herein, and the continuance or such default after ten (10) days written notice thereof, GHC, the ACC or any other Owner or its assigns shall, without liability to such Owner or occupant in trespass or otherwise, have the right, but not the obligation to enter upon such Lot and cure such default or remedy such violation so that the Lots are in compliance with the Restrictions and so as to place such Lot in a neat, attractive, healthful and sanitary condition, and may render a statement of charge to the Owner of such Lot for the cost of such work. Each Owner agrees by the purchase or occupation of his Lot to pay such statement immediately upon receipt thereof.
Section 5. Other Jurisdictional Authority. Notwithstanding anything herein, any applicable City ordinances supersede, where applicable, the Restrictions.
Section 6. FHA/VA Approval So long as the Declarant, its successors and assigns, are in control of the Heatherwood of Plano Homeowners Association, the following actions will require the prior approval of the Federal Housing Administration and/or the Veteran’s Admnistration: Annexation of additional properties: dedicdation of any common area, and amendment of this Declaration of Covenants, Conditions and Restrictions.
Section 7. Captions The captions and headings heerein provided are for convenience only ad are substantive terms hereof, nor may they be used as evidence of intent in the event that any of the Restrictions are construed to be ambiguous. EXECUTED this 20th day of September, 1984 ATTEST: GENERAL HOMES CORPORATION By: Terrence M Hartzell, Vice President By: Michael S Gavin, Vice President THE STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on September 21st, 1984, by Michael S Gavin and Terrence M Hartzell, Vice Presidents of General Homes Corporation, on behalf of such corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 21 day of September 1984. My Commission Expires: Susan P Miklos Notary Pubic in and for Dallas County, Texas November 1, 1986 RETURN TO: General Homes Corporation 15301 Dallas Parkway, Suite 1020 Dallas, Texas 75248 Attention: Eddie Collins FILED FOR RECORD 21ST DAY OF September AD 1984 AT 4:25PM DULY RECORDED 24TH DAY OF September AD 1984 HELEN STARNES, COUNTY CLERK COLLIN COUNTY, TEXAS BY Carol Derryburry DEPUTY. |
