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HomeMy WebLinkAboutLegal Document r.~':Y."'7.>-'~~'''''''Yr''' '.' . ...-'.~r"""'_.,",....,,,,,,c:;,, ~., ..'~ ..... ~ .r . '. I.. ~. .. " ....-.\I'rl-M."., ,,....-. ... 'T~ ~ J ""'._.,,_._.....,". ~ q/ r~/. ' ",.r. - -/ <-,oF' ~~ '1'* .<1>"',........'- ,........ '1Itill....L.',~.:::....--'.-'--~ ...llI-...~~"-~" .... _ ~~ ~ " ~....--~ - ,~.. ^ . 1lol . I DECLARATION OF COVENANTS AND RESTRICTIONS WOODCREEK (A RESIDENTIAL SUBDIVISION) lI' 3:)~ · t~ ~ U 11 .......- g'&I(,cr~ IJ Ji THE STATE OF TEXAS COUNTY OF BRAZOS NOV 4 1982 s s s .24469'8 rr.r,~:i: to....I" ' "<;'r'~" "."ldE ":"',.!:;;i1;""~Ji"J,,1'i ....._ . :..:: l1b:G~n;::'3 9--~:..r?-*,~ \ THIS DECLARATION, made '..on the date hereinafter set forth by E. W. SCHULTZ, M. L. CASHION, R."W. BUTLER, H. D. BUTLER, B. D. MOORE, W. CECIL HOBSON, B. B. SCASTA, INC., BORSKI HOMES, INC., JOE COURTNEY, INC., JAN-WIC HOMES, INC. and TONY JONES CONSTRUCTION COMPANY, INC., doing business as WOOD CREEK JOINT VENTURE, (hereinafter collectively referred to as "Declarant"). \ '- WIT N E SSE T H : ---------- WHEREAS, Declarant is the owner of the real property described in Article III of this Declaration and desires to create thereon a residential community with designated "lots," and "Common Properties" and "Common Facilities" (now or hereafter existing), as those terms are' defined herein, for the benefit of the present and future Owners of said Lots; and WHEREAS, Declarant desires to provide for the preservation of the values and amenities in said community and for the maintenance of Common Properties and Common Facili ties, if any, and, to this end, desires to subject the real property described in Article III, together with such additions as may hereafter be made thereto (as provided in Article III), to the respective covenants, restrictions, easements, ~harges and liens hereinafter set forth, each and all of which is and are for the respective benefit of said Properties and each respective Owner thereof; and WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the values and amenities in said community, to create an agency and/or agencies to which will be delegated and assigned cer- tain respective powers of maintaining and administering the properties and any Common Properties and Facilities and administering and enforc- ing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created;, and WHEREAS, Declarant shall cause certain non-profit corporations to be incorporated under the laws of the State of Texas, for the pur- pose of exercising the functions aforesaid1 NOW, THEREFORE, the Declarant declares that the real property described in Article III is and shall be held, transferred, sold, con- veyed, occupied, and enjoyed subject to the covenants, restrictions, easements, charges and liens (sometimes referred to herein collectively as "covenants and restrictionsW) hereinafter set forth. ARTICLE I Definitions The following words when used in this Declaration shall have the following meanings unless otherwise noted: (a-I) "Associations" shall mean and refer,to collectively all of the associations mentioned in (a-2), (a-3) and (a-4) below and such additional associations which Declarant may hereafter create and cause to be brought under this Declaration as additional properties may be added. (a-2) "Master Association" shall mean and refer to Wood- Creek Community Association, Inc., a Texas non-profit corpora- tion, which Declarant shall cause to be incorporated as pro- vided in Article IV, Section l( a) below, its successors and assigns. ,\ p 4 5, ',.,'''_ 268 It .,....; ...._~. _...."- ....,'."...~~.! ~." '/. "'f..'_" ',:; .~, ; ..:iJ:, .::.::.:::: .,;. . ..'if*iWC>lk'..&, ~!-~~~,.~~"",..~~~~,;";~.""''''''_''''''''''''''':''''~:''''';';'OW;,~~.....i..J,.....t.,''~l-."';;:..i-............~'..:~~..A;i....:...~...ltlii,._;.,).."~,~..."...,"',:..,;..,.,.i~,~~<;" ~~ :.... .'.j' " , 'J .'~ :1 [ l :1 \ .. + '~. . j .., '''. I j i j ! J l I I ',1 t .j I I L i -I 1 f :, I ,,:..j , ~ ;,J ".\ I . -, ( it.,' '; ""} '.:i I '1 , '1 ) 1 ..1 J 1 ;1 1 '. .J ..~ ., . ,'~ (. 1 'j .j ;1 ,", ;; i '1 ~ '! i .I ; .~ . , ,.\;...... ;,it..).,.;.:.io';;"""":'~.,,.......'.'.";" }r_...,;,.,~"-"~~,,, ..........,'....,. """',",",~, .:....j , ; .' (a-3) .Stonebridge Homeowners Association, Inc.- shall mean and refer to the non-profit corporation which Declarant shall cause to be incorporated as provided in Article IV, Sec- tion l(b) below, its successors and assigns. ; "-- i ~ (a-4) "Shadowcrest Homeowners Association, Inc." shall mean and refer to the non-profit corporation which Declarant shall cause to be incorporated as provided in Article IV, Sec- tion l(c) below; its successors and assigns. (a-5) .Subsequent Associations. shall mean and refer to the non-profit corporations which Declarant shall cause to be incorporated in fulfillment of the development of WoodCreek and the remaining one hundred thirty-five (135) acres described in Article III, Section l(c) below. , (b) .The Subdivision" shall mean and refer to WoodCreek, Section One, all subsequent Sections of WoodCreek Subdivision brought within the scheme of this Declaration by Declarant, and any other real property (including specifically, but without limitation, all or portions of other subdivisions being or to be developed by Declarant or their affiliated or subsidiary entities or other third parties to whom the right is specifi- cally assigned by Declarant in writing) brought wi thin the scheme of this Declaration by Declarant, all as hereinbelow provided. (c) .The properties" shall, mean and refer to the proper- ties described in Article III hereof which are subject to this Declaration. 1 L, I 1 1 ,) (d-l) .Subdivision Plats. shall mean and refer to all respective maps, plats or replats of WoodCreek, Section One (I), and plats of other sections within the WoodCreek Subdivi- sion recorded in the Deed Records of Brazos County, Texas. (d-2) "WoodCreek, Section One- shall mean that portion of the properties reflected on ,the plats filed in volume 529 at Pages 28 and 29 of the Deed Records of Brazos County, Texas. (e) .Lot" and/or "Lots. shall mean and refer to each of the Lots shown upon the respective Subdivision Plats. Reference herein to "the Lots in The Subdivision" shall mean and refer to Lots as defined respectively in this Declaration and all Supplemental Declarations. \ \....-. . t , (f) "Common properties. shall mean and refer to any of those areas of land as may be respectively des igna ted on the Subdivision Plats as Common Properties, if any (except the Lots, . utility easements and the streets shown thereon and the "Reserves" as labeled, wh~ch are now owned by Declarant) together with such other property as any Association may, at any time or from time to time, acquire by purchase or other- wise, which shall not be presently part of, now brought into, or affected by this Declaration, but which may hereafter be brought within the scheme of this Declaration by Declarant by grant, deed or other conveyance for the benefit of all or a portion of the Properties and/or Lots, subject, however, to any easements, limitations, restrictions, dedications and reserva- tions applicable thereto by virtue hereof or Supplemental Declarations and/or by virtue of one or more of the Subdivision Plats, and/or by virtue of prior grants or dedications by Declarant or Declarant's predecessors in title. References herein to "the Common Properties in The Subdivision" shall mean and refer to Common Properties as defined respectively in this Declaration and all Supplemental Declarations or similarly recorded documents evidencing covenants and/or restrictions. 1 1 I :J . 2G'8 ".545' . -2- \~. '-' ....--14- .or"......:;;. , ;. ", ":'! ... :> (g) .Common Facilities" shall mean and refer to all now existing, or subsequently provided, improvements upon or within any of the Common Properties, except those as may be expressly excluded herein or by any Supplemental Declaration. Also, in' some instances, Common Facilities. may consist of improvements for the use and benefit of certain respective Owners construct-. ed on portions of one or more LOts or on acreage owned, by Declarant (or Declarant and others) which is not a part of the Properties. By way orlllustration, Common Facilities may include, but not necessarily be limited to, the following: structures for recreation, storage or protection of equipment 1 fountains; statuary; sidewalks1 trails1 landscaping 1 swimming pools; and other similar and appurtenant improvements. Refer- ences herein to "the Common Facilities (and Common Facility) in The Subdivision" shall mean and refer to Common Facilities as defined respectively in this Declaration and all Supplemental Declarations. '\ ., ..' \ J :1 ,~ :1 .1 'I il t (h) "Supplemental Declaration" shall mean and refer to any Supplemental Declaration of Covenants and Restrictions bringing additional property within the scheme of this Declaration under the authority provided in Article III hereof. References here- in (whether specific or general)' to provisions set forth in .all (any) Supplemental Declarations" shall be deemed to relate to the respective properties covered by such Supplemental Declarations. ' (i) .Owner. shall mean and refer to the record owner, or if such Lot is subject to a purchase contract with Declarant, to the contract purchaser, whether one or more persons or enti- ties, of the fee simple title to any Lot situated upon the Properties, but, notwithstanding any applicable theory of mort- gages, shall not mean or refer to any mortgagee unless and until such mortgagee has acquired title to one or more Lots pursuant to foreclosure or any proceeding in lieu of foreclo- sure. References herein to "the Owners in The Subdivision" shall mean and refer to Owners as defined in this Declaration and all Supplemental Declarations. I \ i :l . ~', I' ~ , }, (j) "Member" and/or "Members" shall mean and refer to all those Owners who are members of one or more of the Associa- tions, as provided in Article IV, Section 4 hereof, together with all the Owners in The Subdivision who are members of one 'or more of the Associations as provided in all Supplemental Declarations. (k) "utilities" shall consist of, but not be limited to, water, sewer, drainage, gas, telephone and electricity lines and facilities. l 1 I (l) "Declarant" shall be the aforesaid entities and any successors and assigns to whom the rights of Declarant here- under are specifically assigned in writing. ARTICLE II Easements Section I. Existing Easements. The Subdivision Plats dedicate for use as such, SUbJect to the limitations set forth therein, certain streets and easements shown .thereon, and such Subd ivision Plats further establish dedications, limitations, reservations and restrictions applicable to the Properties. Further, Declarant and Declarant's pre- decessors in title have heretofore granted, created and dedicated by several recorded instruments, certain other easements and related rights affecting the Properties. All dedications, limitations, re- strictions and reservations shown on the Subdivision Plats and all grants and dedications of easements and related rights heretofore made by Declarant and Declarant's predecessors in title affecting the Prop- erties are incorporated herein by reference and made a part of this Declaration for all purposes, as if fully set forth herein, and shall be construed as being adopted in each and every contract, deed or con- veyance executed or to be executed by or on behalf of Declarant convey- ing any part of the Properties. I I I I -3- ~.r(::~ 4 5:;' ;\~~ 2 ZP ,j 'I '~ 1 " - ~ " r . " " I j 1 1 1 1 L Section 2. Changes and Additions. Subject to the acquisition of any required FHA/VA approvals pursuant, Declarant reserves the right to make changes in and additions to the above rights-of-way and/or easements for the purpose of most efficiently and economically install- ing any improvements thereon. Subject to the acquisition of any required FHA/VA approvals, Declarant reserves the right, without the necessi ty of the joinder of any owner or other person or entity, to grant, dedicate, reserve or otherwise create, at any time or from time to time, easements for utilities in favor of any person or entity fur- nishing or to furnish utility services to the Properties, along and on either or both sides, or any front and/or back, of any Lot. i: Section 3. and Service Vehicles. An easement is hereby granted to a I pollce, flre protectlon, ambulance and other emergency vehicles, and to garbage and trash collection vehicles, and other service vehicles to enter upon the Properties in the performance of their duties. Further, an easement is hereby granted to all Associ- a tions, its officers, agents, employees and management personnel to enter the properties to render any service. 1 J I 1 .l ~ :\ j t i j Section 4. Surface Areas. The surface of all easement areas within the Lots for underground utility services may be used for plant- ing of shrubbery, trees, lawns, or flowers. However, nei ther the Declarant nor any supplier of any utility or service using any easement area shall be liable to any Owner or to the Association for any damage done by them or either of them, or their respective agents, employees, servants or assigns, to any of the aforesaid vegetation and/or any other improvements located thereon as a result of any activity relating to the construction, maintenance, operation or repair of any facility in any such easement area. Additionally, the Owner and/or Association shall be solely responsible at his/its sole costs for maintaining the surface area of such utility easements pursuant to the terms and condi- tions herein provided pertaining to use and visible appearance of Lots. ARTICLE II I Property Subject to this Declaration Section l. Description. The real property which is, and shall be, held, transferred, sold, conveyed and occupied subject to this Declaration consists of the following: (b) Those certain Lots in WoodCreek, Section (Shadowcrest, phase I) designated on Exhibit MA" hereto, and being sometimes herein referred- to as crest" 1 and One ( I) attached "Shadow- I I I I \;', I I it I I (a) Those certain Lots in WoodCreek, Section (Stonebridge, phase I) designated on Exhibit "A" hereto, and being sometimes herein referred to as bridge" 1 and One ( I) attached "Stone- (c) An additional approximately one hundred thirty-five (135) acres presently owned by Declarant and contemplated to be included in the future development of WoodCreek as a subdivi- sion in College Station, Texas; i I 1 L all of which real property is sometimes hereinafter referred to as the "Existing Property." Anyone or more of such Sections may be herein referred to collectively as "Sections" or individually as a .Section." .~ j ,~ , , , , Section 2. Mineral Exception. There is hereby excepted from the properties, and Declarant will hereafter except from all its sales and conveyances of the Properties, or any part thereof, including the Lots and Common properties owned by Declarant, if any, any and all oil, gas, coal, lignite, uranium, iron ore and other minerals (valuable or ; invaluable, similar or dissimilar, surface-related or not) in, on, about and under the Properties, which are owned by Declarant, if any, but Declarant hereby waives, and/or will waive in e~ch such conveyance, its right to use the surface of such land for exploration for, or " 1 " 1 , 1 i . ~ ~ -4- . , 5 4 5' '. ? 71 ~. .......' .......--"" ;....~--;................. \ .1 I 1 I , \ i / . ~ " ( t I development and/or transportation of, said above mentioned minerals 1 provided that any future conveyance of a Lot(s) which fails to include such reservation and waiver shall be governed by the intent hereof not- withstanding such failure. Section 3. Additions to Existing Property. Additional lands may become subject to the scheme of this Declaration in the following manner: i '1 I I ,i \ j 1 I' " i (a) Additions by Declarant. The Declarant, its successors and assigns, shall have the right to bring within the, scheme of this Declaration additional properties in future stages of the development (including, without limitation, subsequent portions of the sections to be developed by Declarant, subsequent sec- tions of WoodCreek SU.bdivision and all or portions of other subdivisions being or to be developed by Declarant or affili- a ted or subsid iary entities, or other third parties to. whom such right is specifically assigned by Declarant), upon the approval of the Board of Directors of the Master Association, in its sole discretion. Any. additions authorized under this and the succeeding subsection, shall be made by filing of record a Supplemental Declaration of Covenants and Restrictions with respect to the additional property which shall extend the scheme of the covenants and restrictions of this Declaration, or only specific portions hereof, to such property and the execution thereof by members of the Board of Directors of the Master Association shall' consti tute all requisite evidence of the required approval thereof by such Board of Directors. Such Supplemental Declaration must impose an annual maintenance charge assessment on the property covered thereby, on a uni- form, per lot basis, substantially equivalent to the. mainte- nance charges and assessments 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 add i tional lands approved by the Master Association. '. (b) Other Additions. Upon the approval of the Board of Directors of the Master 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 a Supplemental Declaration of Covenants and Restrictions upon the satisfaction of the con- ditions specified in subsection (a) above. (c) Mergers. Upon a merger or consolidation of the Master Association with another association, the Master Association's properties, rights and obligations may be transferred to another surviving or consolidated association or, alternative- ly, the properties, rights and obligations of another associa- tion may be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merge. The surviving or consolidated association shall administer the covenants and restrictions applicable to the properties of the other association as one scheme. No such merger or conso~ida- tion, however, shall effect any revocation, change or addition to the covenants and restrictions established by this Declara- tion or any Supplemental Declaration. Additionally, no merger or consolidation of Stonebridge Associationf Shadowcrest Asso- ciation and/or Subsequent Associations shall occur and be ef- fective without the prior written approval of the Board of Directors of the Master Association. ,~ I; :~ ',In .~ ! l I I I I. I r I I I ARTICLE IV The Associations . :" , i.l 1 ! Section 1 Organization. The Declarant shall cause the organi- zation and formation of certain non-profit corporations (all of the same may be hereinafter referred 'to collectively as "Associations") pursuant to the laws of the State of Texas as follows I 272 \ ,~,.:. q 5 4 .sA^'':' E ",11.,.;__1- ..... -'> ~ I t 1 . \ f:1 M ~ ) .' -5- \. t --~._--......... -~-""'T'-------r-. . I"'" , ", 'l;)'.' " /I f I t 1 I-- j i ' 1 ~ I J 1 I 1 1 .I j 1 \-'! I ! 'J .~ r j :1 1 1 \...- I ] 1 " j 'J i j ':i ~ , , . , , , I ~ ...... i ! (a) The Master Association, whose members shall consist of (i) Declarant~ (ii) the Directors of Stonebridge Association and Shadowcrest Association~ and (iii) the Directors of such other subsequent non-profit corporations which may be subse- quently formed and brought into this Declaration by Declarant. The expected Subsequent Associations shall encompass the devel- opment of approximately one hundred thirty-five (135) acres by Declarant. (b) Stonebridge Association, whose members shall be the Owners of Lots within WoodCreek, Section One (I) (Stonebridge, phase I) and subsequent phases of Stonebridge. I ~ (c) Shadowcrest Association, whose members shall be the Owners of Lots within WoodCreek, Section One (I), (Shadowcrest, phase I) and subsequent phases of Shadowcrest. Section 2. Purpose. The purpose of all of the Associations, in general, shall be to provide for and promote the health, safety and welfare of their respective Members, to collect the respective annual maintenance charges and to administer the maintenance fund, to provide for the maintenance, repair, preservations, upkeep, protection of any Common Properties and Facilities in the respective concerned Subdivi- sions, provide miscellaneous services and such other purposes as are stated in their respective Articles of Incorporation consistent with the provisions of this Declaration and all Supplemental Declarations. Notwithstanding the above, the Master Association shall be delegated and assume responsibility for the maintenance and repair of the surface areas comprising the flags and landscaped entry sign area, concrete brick areas on WoodCreek Drive, WooodCreek Drive esplanade, the "Wood- Creek- sign, lakes and common areas as designated on master preliminary plat, and/or such other areas as the Board of Directors of the Master Association deems appropriate from time to time ~ provided that the costs and expenses associated therewith shall be charged directly to, and paid by, the respective Association(s), as determined on the basis of multiplying the respective cost by a fraction, the numerator of which is the gross acreage with each respective Section and the denom- inator is the gross acreage within the Subdivision, all as reflected on the Subdivision plats, to the extent s'ufficient respective funds are not available from cash reserves created from Master Association assessments, all as provided below in Article VI, Section 11b). ,I Section 3. Directors. (a) Stonebridge, Shadowcrest or Subsequent Associations: These Associations shall each act through ten (IO) member Board of Directors, which shall manage the affairs of the Associa- tion. The initial Directors of each Association shall be selected by Declarant. Directors shall serve for terms as pro- vided in the Bylaws, of such Association. After the expiration of the term of the initial Directors, the members shall elect a Board of Directors as provided for in the Bylaws. The respec- tive Directors of each Board shall have the power to select one or more advisory directors from the residents of its respective Subdivision to serve for such periods of time as such Board of Directors shall deem app~opriate, for the purpose of providing advice and counsel to such Board of Directors, provided that such advisory Directors shall have no right to act on behalf of the respective Association. (b) Master Association: The Master Association shall act t'hrough a Master Board. of Directors composed of Declarant and the respective members of the Board of Directors of all Associ- ations then operating under and pursuant to this Declaration. \ ,I Section 4. Members. (a) Stonebridge Association: Each Owner, whether one or more persons or entities, of a Lot shall, upon and by virtue of becoming such Owner, automatically become a Member of this Association and shall remain a Member thereof until his owner- ship ceases for any reason, at which time his membership in the Association shall automatically cease. Membership in the Asso- ciation shall be appurtenant to and shall automatically follow -6- , 545 27;) l..~"......._.... -.i'O\;"';"':::" .' ",. the legal ownership of each Lot and may not be separated from such ownership. Whenever the legal ownership of any Lot passes from one person to another, by whatever means, it shall not be necessary that any instrument provide for transfer of member- ship in the Association, and no certificate of membership will be issued. (b) Shadowcrest Association: Each Owner, whether one or more persons or entities, of a Lot shall, upon and by virtue of becoming such Owner, automatically become a Member of this Association and shall remain a Member thereof until his owner- ship ceases for any reason, at which time hi~ membership in the Association shall automatically cease. Membership in the Asso- ciation shall be appurtenant to and shall automatically follow the legal ownership of each Lot and may not be separated from such ownership. Whenever the legal' ownership of any Lot passes from one person to another, by whatever means, it shall not be necessary that any instrument provide for transfer of m~mber- ship in the Association, and no certificate of membership will be issued. (c) Master Association: As mentioned above, the Members of this Association shall be the Declarant and all respective Members of the Boards of Directors of all AssoGiations then operating under and pursuant to this De,claration. Each such individual Director Member shall remain a Member hereof until' his/her term as a Director' of hiS/her respective Association expires or terminates for whatever reason. Section 5. Voting Rights. (a) Stonebridge Association: The Association shall have. two (2) classes of voting membership: Class A. Class A Members shall be all the respec tive Members of the Association, with the exception of the Declarant, and its successors and assignees to whom the right of Class B membership is expressly assigned in writ- ing. Class A Members shall be entitled to one (l) vote for each Lot in The Subdivision in which they hold the interest required for membership by this Declaration or any Supple- mental Declaration. When more than one (I) person holds such interest or interest in any such Lot, all such persons shall be Members and the vote for such Lot shall be exer- cised as they among themselves determine, but, in no event, shall more than one (l) vote be case with respect to any such, Lot. Class B. The Class B Member shall be the Declarant, and its successors and assignees to whom the right of Class B membership is expressly assigned in writing. The Class B Member shall be entitled to three (3) votes for each Lot in The Subdivision in which it holds the interest required for membership by this Declaratlon or any Supplemental Declara- tion; provided that the Class B membership shall cease and become converted to Class A membership on the happening of the following events, whichever occurs earlier: (a) when the total votes outs tan~ in9 in the Class A membership equal the total votes outstanding in the Class B membership1 (b) on June I, 1991. From and after the happening of whichever of these events · occurs earlier, the Class B Member shall be deemed to be a CI ass A Member en titled to one ( l) vote for each Lot in The Subdivision in which it holds the interest required for member- ship by this Declaration or any Supplemental Declaration. (b) Shadowcrest Association: The Association shall have two (2) classes of voting membership: -7- , 274 \:'O~'A.CE '. _ ----.,..----- "~~.""'''~--':''.-7~.!i.t,-::.:../:-;.;.--..."t;-=;:~:;-::--:::--=.~~_. -',~'-:--'+ :. ~:-r~...:;.~.t-_... ~".,~, - _....~ . . ,., II I, .[ "\ i :{ '\ " .l~ " ,:,'j ,l ,j .1 , 1 ,~ f \ (t j I '~ I ",1 : ~ I ;.. I, .~ 1 ~~ 'J , I: ~ .' , I '~ -.Ii ;1 'I I I 1 ~ r; '5 '~ , ~ ) : Y .'1., , I I ~ 1 t'c. i ' , \-. .' . \ \-' ','1' '. J i :1 'j , j ~ ~ , J j .1 ~ 1 ,j I ,~ , Class A. Class A Members shall be all the respective Members of the Association, with the exception of the Declarant, and its successors and assignees to whom the right of Class B membership is expressly assigned in writ- ing. Class A Members shall be entitled to one (1) vote for each Lot in The Subdivision in which they hold the interest required for membership by this Declaration or any Supple- mental Declaration. When more than one (I) person holds such interest or interest in any such Lot, all such persons shall be Members and the vote for such Lot shall be exer- cised as they among themselves determine, but, in no event, shall more than one (I) vote be case with respect to any such Lot. Class B. The Class B Member shall be the Declarant, and its successors and assignees to whom the right of Class B membership is expressly assigned in writing. The Class B Member shall be entitled to three (3) votes for each Lot in The Subdivision in which it holds the interest required for membership by this Declaration or any Supplemental Declara- tion7 provided that the Class B membership shall cease and become converted to Class A membership on the happening of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership1 (b) on June 1, 1991. From and after the happening of whichever of these events occurs ear I ier, the Class B Member shall be deemed to be a Class A Member entitled to one (I) vote for each Lot in The Subdivision in which it holds the interest required for member- ship by this Declaration or any Supplemental Declaration. il (c) Master Association: Each ..individual Director/Member shall be entitled to one (I) vote for each Director position held by him on all Associations' Boards of Directors that are subject to this Declaration, other than this Master Associa- tion's Articles of Incorporation or Bylaws, except as may be therein limited, modified or enlarged. Section 6. Title to Common properties, Facilities and Reserves. The Declarant shall retain legal and equitable title to~ Common Properties and Common Facilities in The Subdivision until such time as it has completed improvements thereon, if any. The Common Properties and Facil i ties ,if any, shall be conveyed by the Declarant to one or more of the Associations. Until title to such Common Proper- ties and/or Facilities has been conveyed to the Association by Declar- ant, Declarant shall be entitled to exercise all legal and practical rights and privileges relating to such Common Properties and/or Facili- ties without concern of any effect on The Subdivision and/or any Owner thereof. I i ARTICLE V Property Rights in any Common Properties and Common Facilities Section 1. Members' Easements of Enjoyment. Subj ect to the provisions of Section 6 of Article IV and Section 2 of this Article V, every respective Member of each Association shall have a common right and easement of enjoyment in and to the Common Properties and Common Facilities hereafter conveyed to such Association by Declarant by writ- ten, recordable instrument, and such right and easement shall be appur- tenant to and shall pass with the title to each Lot in each respective Section of The Subdivision. Title shall be and remain in the respec- tive Association. Section 2. Extent of Members' Easements. The rights and ease- ments of enjoyment created hereby shall be subject to the following: -8- 275 \ ".5 4 5. , ....._ . .... 4__1- or;.......:. , . t. (a) The right of each respective Association owning such Properties, in its discretion, to charge reasonable admission and other fees for the use of the recreational Common Facili- ties, and to make, publish and enforce reasonable rules and regulations governing the use and enjoyment of the Common Prop- erties and Facilities or any part thereof, all of which reason- able rules and regulations shall be binding upon, complied with, and observed by each Member. These rules and regulations may include provisions to govern and control the use of such Common Properties and Facilities by guests or invite,es of the Members, including, without limitation, the n~mber of guests or invitees who may use such Common Properties and Facilities or any part thereof at the same time1 and ; ! ;'1 \~ I .1 , I '[ 1, I. I [ !- r- i " J ) t~ " (b) The right of each respecttve Association owning such Property to grant or dedicate easements in, on, under or above such Common Properties or any part thereof to any publlc or governmental agency or authority or to any utility company for any service to The Subdivision or any part thereof 1 and (c) The. right of each respective Association owning such Property to enter management and/or operating contracts or agreements relative to the maintenance and operation of' such Common Properties and Facilities in such instances and on such terms as its Board of Directors may deem appropriate1 the right of such Association to operate recreational facilities and related concessions located on such Common Properties 1 the right of such Association to enter lease agreements or conces- sion agreements granting leasehold concession, or other operat- ing right relative to Common Facilities in such instances and on such terms as its Board of Directors may deem appropriate 1 and \ ~ 1 , ~ 1 ;i . ~ ~ (d) The right of each respective Association to suspend the voting rights of a Member or his right to use any Common Property and/or Facility during the period he is in default in excess of thirty (30) days in the payment of any maintenance charge assessment against his Lot; and to suspend such use rights for a period not to exceed sixty (60) days for any in- fractions of its pUblished rules and regulations1 the aforesaid rights of the Association shall not be exclusive, but shall be cumulative of and in addition to all other rights and remedies which the Association may have in this Declaration and Supple- mental Declarations or in its Bylaws or at law or in equity on account of any such default or infraction1 and ; ;1 ,~ l I i (e) The rights and easements existing, herein created or hereafter created in favor of others, as provided for in Article II of this Declaration and the Supplemental Declara- tions 1 . and I ,,~ n I. \ ;! ~ ij 11 J ! j I ; l (f) Any restrictions or limitations as to use of any Com- mon Properties and/or Facilities provided. i " I i Section 3. Delegation of Use. Any Member may delegate his right of use and enjoyment of any respective Common Properties and Facilities in the respective Section of The Subdivision in which his/ her Lot is located, together with all easement rights granted to Mem- bers in this Declaration and all Supplemental Declarations, to the mem- bers of his family, his tenants or contract purchasers who reside on his Lot. The term "Member" is further defined to include and refer to the executors, personal representatives and administrators of any Mem- ber, and all other persons, firms or corporations acquiring or succeed- ing to the title of the Member by sale, grant, will, foreclosure, exe- cution, or by any legal process, or by operation of law, or in any other legal manner. ~ '; 4 ,~~ , \tC2 4 ~~;'CE 2$ {~ \ d \ i' , .,j .;1 ,;! ~1 "J l : -9- .. ,..-. - - ....-----------.-.-.---.---,----".---- .. _.. I , : .. . i. . U I, 'I .1 1 ARTICLE VI Annual Assessments Section l. The Maintenance Fund. '1 ~, t .~~-- { ; : i I ! " (a) Stonebrige and Shadowcrest Associations: All funds collected by each respective Association, and any other Associ- ation hereafter brought into this Declaration, from the regular and/or special maintenance charges and/or assessments provided for in this Article, together with all funds collected by each respective Association from the regular and special maintenance charges and assessments imposed on the Lots within each Section of The Subdivision by all Supplemental Declarations, shall con- stitute and be known as the "Maintenance Fund" for each Associ- ation1 each Association having and maintaining a separate Main- tenance Fund. The Maintenance Fund shall be held, used and expended by each Association for the common benefit of only all of its respective Members for the following purposes, to-wit: to promote the heal th, safety, recreation and welfare of the respective Members, including, without limitation, the instal- lation, construction, erection and relocation of improvements related to the enhancement and beautification of any Common Properties and Facilities within its respective Section bound- aries, and any other areas provided by this Declaration or any Supplemental Declaration to be developed or maintained by such Association, such as shrubbery, trees, walkways and street lights, and the construction, repair, maintenance and replace- ment of properties, services, improvements and facilities de- voted to such purposes and related to the use and enjoyment of Lots and properties within each such respective Section of The Subdivision by its Members. , t , . \.....- i i I .1 1 t '~ :1 ;~ :1 " ',J ~ " ! In the event Declarant shall designate Common Facilities for the use and benefit of all or only specific Owners and/or Sections in the Subdivision which are situated on property owned by Declarant (or affiliated or subsidiary entities), but which then has not been brought wi thin the scheme of th is Declaration under the authority provided in Article III hereof, 'each respective Association shall have the right and authori ty to allocate and expend such amounts from its Maintenance Fund for construction, repair, maintenance, upkeep, beautiLication, improvement or replacement of such Common Facilities as its Board of Directors shall determine, in its sole discretion. Further, if all or any such Common Facilities situated on prop- erty then not subject to the scheme of this Declaration also are for the use and benefit of persons or entities other than the Owners or certain Owners in The Subdivision, each Associa- tion shall have the right and authori ty to enter into agree- ments with other persons or entities enjoying the use and bene- fit of such Common Facilities (or their designee), in such instances and on such terms as its Board of Directors may deem appropriate and acceptable, obligating such Association to con- tribute, from the Maintenance Fund, a ratable portion of the amounts necessary from time to time to provide for the con- struction, repair, maintenance, upkeep, beautification, im- provement or replacement of such Common Facilities and provid- ing for other agreements relative to the use and enjoyment of such Common Facilities (including limitations on the extent of the use and enjoyment thereof) by the various persons and enti- ties entitled thereto. , j Each respective Association may, in its sole discretion, give one or more of the purposes set forth in this Article VI, Section 1 preference over other purposes, and it is agreed that all expenses incurred and expenditures and decisions made by such Association in good faith shall be binding and conclusive on all of its respective Members. . ~ I ",-. ,i :1 j , \ i ,I; (b) Master Association: A regular assessment Maintenance Fund for each Member Association shall be establ ished by the Board of Directors to effectuate the purposes of the Master Asociation stated in Article IV, Section 2 above. The Direc- tors shall hereafter determine an amount for such assessments -IO- ll~"'.s 4 5~ . .- .., <...I ..... . fl" ........:...;;. 1)1-1..... , ----,-- ----..---'--..-7-. .-+..~." .--.... / iF ._- which shall be charged to one or more respective Associations on a periodic and/or installment basis, but in no event shall such assessments be greater than the respective assessments. provided in Section 2 and 5 below. These periodic assessments shall be paid to the Master Association within the (10) days of the designated due dates. Should special additional assess-' ments be required to make necessary repairs and maintenance, and pay costs attributable thereto, as provided in Article IV, Section 2, for which costs there is not a sufficient amount of cash existing in the Maintenance Fund(s) of the respective Mem- ber Association(s) responsible for such exp~nditures, then the Master Association shall immediately invoice such respective Member Association(s) for such costs and same shall be paid in full within forty-five (45) days from the date of invoice, sub- j ect to the required assent from' concerned Members being ob- tained as provided in Article VI, Sections 6(a), 6(b) and 6(c)- (iii) below. All assessments charged hereunder to all' Member Associations shall be passed on and included in each respective Member Association's monthly and/or special assessments to its Member Owners, and all lien rights provided below shall be applicable hereto for the benefit of the Master Association. Section 2. Covenant for Assessments. ,.. (a) Stonebridge Association: Subject to the provisions set forth below in Section 3 and 4 of this Article relating to the rate at which the maintenance charges and assessments im- posed herein shall be paid on unimproved Lots, each and every Lot is hereby severally subjected to and impressed with a regu- lar monthly maintenance charge or assessment in the amount of Forty-Five and No/IOO Dollars ($45.00) per month per Lot (here- in sometimes referred to as the "full maintenance charge") which shall run with the land, subject to increase and/or de- crease and payable as provided in Section I (a) and Section 5 below. Provided, however, that said assessment may be in- creased, notwithstanding the terms of Section 5 below, from time to time on the basis of a ten percent (lO%) increase, as compounded, over the previous year's assessment amount. If the maintenance charg~ and assessment is not increased to the maxi- mum allowed hereunder for any year, then in any subsequent year the maintenance charge and assessment may be increased to the maximum allowable for such subsequent year as if the mainte- nance charge and assessment had been increased to the maximum allowable for each and every year. (b) Shadowcrest Association: Subject to the provisions set forth below in Sections 3 and 4 relating to the rate at which the maintenance charge and assessment imposed herein shall be paid on unimproved Lots, each and every Lot is hereby severally subjected to and impressed with a regular monthly maintenance charge or assessment in the amount of Twenty-Five 'and NO/lOa Dollars ($25.00) per month per Lot (herein sometimes referred to as the "full maintenance charge") which shall run wi th the land, and payable as provided in Section 5 below. Provided, however, that said assessment may be increased, not- , wi thstanding the terms of Section 5, from time to time on the basis of a ten percent (IO%) increase, as compounded, over the previous year's assessment amount. If the maintenance charge and assessment is not increased to the maximum allowed here- under for any year, then in any subsequent year the maintenance charge and assessment may be increased to the maximum allowable for such subsequent year as if the maintenance charge and assessment had been increased to the maximum allowable for each and every year. (c) Notwithstanding previous references to monthly assess- ments, all regular assessments shall be billed and payable annually. Assessments shall be billed for payment on January I of each year and shall be considered delinquent on January 30. (d) Each Owner of a Lot, by his claim or assertion of own- ership or by accepting a deed to any such Lot, whether or not it shall be so expressed in such deed, is hereby conclusively deemed to covenant and agree, as a covenant running with the -ll- vofj 4 ~:i~C.E 278 .I .,: 1/ f' - f l :-j f ! ! 1 L ~ -\ ; .-J l I II~ I , . , I t , 1 '. . ;, ,; ., , I f I 'r .....tl: , ! 1 f ; , , , ! i j I ! I ! I t I I i l ! :j l ! land, to pay to the respective Association of which he/she is a Member, its successors or assigns, each and all of the charges and assessments against his Lot and/or assessed against him by virtue of his ownership, thereof, as the same shall become due and payable, without demand. The charges and assessments here- in provided for shall be a charge and a continuing lien upon each Lot, together with all improvements thereon, as herein- after more particularly stated. Each assessment, together with interest, costs and reasonable attorneys I fees, shall also be the personal obligation of the person who was the Owner of the Lot at the time the obligation to pay such assessment accrued, but no Member shall be personally liable for the payment of any assessment made.or becoming due and payable after his ownership ceases. No Member shall be exempt or excused from paying any such charge or assessment by waiver of any future use or enjoy- ment of any Common properties or Facilities, or any part there- of, or by abandonment of his Lot or his interest therein. ,,-. 1 1 ! i' 1 . 1 , ! i' Section 3. Unimproved Lots Owned by Declarant or Builders. Declarant and builders shall pay fifty percent (50%) of the then exist- ing full maintenance charge and assessment for each Lot owned by them unless and until a residential structure has peen built thereon and is occupied, in whole or part, whether by tenants or homeowners. There- after, commencing on the first day of the next succeed ing calendar month, the full maintenance charge then assessed shall become applica- ble. It shall be the duty of each builder to notify the respectively concerned Association at the time a residence has been permitted to be occupied. 'Ihe term "builder" for the purposes of this Declaration is defined as any person, firm, corporation or other entity who is engaged in the business of building residential structures for sale or rental purposes, and not for his or its personal use or occupancy. Section 4. Unimproved Lots Owned by Owners Other Than Declar- ant and Builders. Owners of the unimproved Lots other than Declarant and builders shall pay one hundred percent (100%) of the then existing full maintenance charge assessment for each Lot owned by them. j I ! ~, '1 1 1 1 Section 5. The Maintenance Charge. The assessments provided for herein shall commence as to each Lot on the date fixed by the Board of Directors of each Association to be "the "date of commencement" for such Lots. The first assessment shall be made for the balance of the calendar year in which it is made and shall be payable on.the date of the commencement above defined. The assessments for each calendar year after the first year shall be due and payable to the respective Associ- ation in advance on or before January I of each such subsequent year. Provided, however, that, upon the purchase of his Lot (as evidenced by the date of his Deed), each Member shall be obligated to pay to his respective Association a pro rata part of the applicable percentage (as determined pursuant to the terms hereof) of the regular maintenance charge assessed on such Lot. j :1 ~ ,1 The Board of Directors of each and every Association may de- crease or increase the amount of the regular monthly maintenance charge or assessment provided for herein at any time and from time to time by the adoption of a resolution for such purpose, but no resolution in- creasing the maintenance charge assessment shall become effective prior to the expiration of ninety (90) days from date of its adoption; pro- vided, however, that no resolution of the Board of Directors of each Association which fixes the amount of the regular maintenance charge or assessment in excess of the charges permitted by Section 2 above shall become effective unless and until such resolution is ratified by sixty- six and two-thirds percent (66-2/3%) of the votes of each class bf Mem- bers of the Association, all who are present and voting in person or by proxy at a special meeting of the membership of each respective Associ- ation called for this purpose and at which a quorum is present. The written assent or the vote of the Members must be given prior to the ,effective date of the resolution of the respective Board of Directors. No increase in the monthly maintenance charge or assessment shall take effect retroactively. If any resolution of any respective Board of Directors which required ratification by the assent of its Members as above provided shall fail to receive such assent, then the amount of the regular monthly maintenance charge or assessment last in effect shall continue I \-- i 1 ;l ;\ I J I '1 ..j >, ,\ j j , "~ ,./ -12- 279 . "". :,5 4 5 ," 'il ~......~ **~'''''.-''''' , -----"c_::::::\ \ r:-- in effect until duly changed in accordance with the above provisions. Each respective Board of Directors may decrease the amount of the monthly maintenance charge or assessment without ratification by or assent of its respective Members. Section 6. Special Assessments. (a) Stonebridge Association: In addition to the regular maintenance charges and assessments above mentioned, the Board of Directors of this Association may levy against all Lots and Owners within its jurisdiction, a special charge and assessment deemed necessary by it to effectuate the purposes of its crea- tion and organization as stated ,herein and its Articles of Incorporation, provided that such special assessment must have the prior assent of at least two~thirds (2/3rds) of the votes of each class of Member who are voting in person or by p~oxy at a special duly called meeting for such purposes. (b) Shadowcrest Association: In addition to the regular maintenance charges and assessments above mentioned, the Board of Directors of this Association may levy against all Lots and Owners within its jurisdiction~ a special charge and assessment deemed necessary by it to effectuate the purposes of its crea- tion and organization as stated herein and its Articles of Incorporation, provided that such special assessment must have the prior assent of at least two-thirds (2/3rds) of the votes of each class of Members who are voting in person or by proxy at a special meeting duly called for such purpose. (c) Master Association: Should monies, additional to those provided above, be required to enable the Master Associa- tion to effectuate its purposes, the Board of Directors shall notify the respective concerned Member Associations which have liability for paying such special additional assessment, pursu- ant to Section l(b) above1 provided, however, that such special assessment must also have the prior assent of certain Member Association's Members (Lot Owners) at a special called meeting as follows: (i) Stonebridge Association: Sixty-six and two- thirds percent (66-2/3%) of the votes of each class of mem- bers who are voting at such special ~eeting, in person or by proxY1 or (ii) Shadowcrest Association: At least sixty-six and two-thirds percent (66-2/3%) of the votes of each class of Members voting at such special meeting, in person or by proxy. (iii) Subsequent Associations: At least sixty-six and two-thirds percent (66-2/3%) of the votes of each class of Members voting at such special meeting, in person or by proxy. Section 7. Duties of the Board of Directors. The Board of Directors of each Associatlon shall fix the date of commencement and the amount of the assessment against each Lot or Owner for each assess- ment period at least ninety (90) days in advance of such date or period and shall, at that time, prepare a roster of the properties and assess- ments applicable thereto which shall be kept in the respective offices of the Association and shall be open to inspection by any Owner Member of such respective Association. Written notice of the assessment shall thereupon by sent to every Owner subject thereto. Each respective Association shall, upon demand at any times, furnish to any Owner Mem- ber liable for said assessment a certificate in writing signed by an officer of said Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to ~ave been paid. Section 8. Liens to Secure Charges and Assessments. All regu- lar and special maintenance charges or assessments, as hereinabove pro- vided for, shall constitute and be secured by a separate and valid and subsisting 'lien, hereby created and fixed, and which shall exist upon -l3- \1Y'1\:~ 114 ~ ')}..i/ r\"~':: 2 8 0 . ~~ '....l-.....~ !. ", . ,..,............. L... n ~ I ! ! ! ," :; ~ 'j i' I i ,1 , , L .~ ~. 1 I I, \ I I \ J l. f \. i q ,,' ~--- -- """, t , -' I and against each tot and all improvements thereon. for the benefit of the respective ""sociation of which such tot's owner is deemed a Mem- ber. and all Members thereof. suhject to the cond i tions th at such Association be made a party to any Court proceeding to enforce any lien hereinafter deemed to be superior. the lien hereby created shall be subordinate and inferior to: (al all liens for taxes or special assessments levied bY the city. County and state governments. or any political sub- division or special district thereof; and (b) all liens securing amounts due or to become due under any mortgage. vendor's lien. or deed of trust filed for record, prior to the date payment of any such charges or assessments become due and payable; and ( c) all liens. i ncl ud i ng . but not limited to. vendor'S liens. deeds of trust and other security instruments which secure any loan made by any lender to any OWner for any part of the purchase price of any tot when the same is purchased from a builder. or by an owner. or for any part of the cost of con- s truct ion. repa iring. add ing to, or remode ling the re s idence and appurtenances situated on any tot to be utilized for resi- dential purposes. AnY foreclosure of any such superior lien under the power of sale of any mortg age, deed of trustor other security ins trumen t · or through Court proceedings in which the respective concerned Association has been made a party. shall cut off and extinguish the liens securing maintenance chargeS or assessments which became due and payable prior to such foreclosure date. but no such foreclosures shall free any Lot from the liens securing assessments thereafter becoming due and paya- ble, nor shall the liability of any Member personallY obligated to pay maintenance charges or assessments which become due prior to such fore- closure be extinguished by any foreclosure. section 9. Effect of Non-payment of Assessment. If any regu- lar or,speclal c arge or assessment lS not pald Wlt ln thirty (30) days from the due date thereof, the same shall bear interest fr~ the due date until paid at the rate of eighteen percent (18\) per annum. and, if placed in the hands of an attorney for collection or if collected through probate or other j ud iei al proceed ing s . there shall be pa id to the respectively concerned Association an additional reasonable amount, but not leSS than fifteen percent (15\) of the amount owing. as attorn- eys' feeS. The respectivelY concerned Association, as a common expense of all Members ~ereof. may institute and maintain an action at law or in equity against any defaulting Member thereof to enforce collection and/or for foreclosure of the liens against his tot. All such actions may be instituted and brought in the name of such Association and may be maintained and prosecuted by such Association in a like manner as an action to foreclose the lien of a mortgage or deed of trust on real property. section 10. Collection a~ Enforcement. Each ~mber, by his assertion 0 tlt e or calm 0 owners lp or y is acceptance of a deed to a Lot, whether or not it shall be so recited in such deed, ~all be conclusively deemed to have expressly vested in the respectively con- cerned ASSociation in which he is deemed a Member by virtue of owning such Lot. and in its officers and agents. the right. power and authori- ty to take all action which such Association shall deem proper for the collection of assessments and/or for the enforcement and f~reclosure of the liens securing the same. L ,. : . 1 j 1 \ J , ~ j . 'j ',; 1 , j ,l ] ~ :4 ;1 :1 j, ' ~ .j ,l , , section 1. APproval of plans. No building. structure, fence. wall or other improvements shall be commenced. erected, constructed. placed or maintained upon the pro~rties, nor shall any exterior addi- tion to or change or alteration therein be made until the detailed plans and specifioations therefor shall have been submitted to and approved in writing as to compliance with minimum structural and ARTICLE VII Architectural control Committee -14- ,,-," "5 4 ~I, ^,.: 2 81 "J'1 ~.,..,.~t.l .,-.......,.....- .- ~ f mechanical standards, location and situation on the Lot, and as to harmony of external design or location in relation to property lines, building lines, easements, grades, surrounding structures, walks and topography (including the orientation of the front and rear of any such building with respect to the Lot lines) by the respective Architectural Control Committee of each homeowners association of the Subdivision constituted as provided herein. The submitted plans and specifications shall specify, in such form as such respective Architectural' Control Commi ttee may reasonably require, structural, mechanical, electrical and plumbing detail and the nature, kind, shape, height, exterior color scheme, materials to be incorporated into, and location of the proposed improvements or alterations thereto. In the event said Architectural Control Committee fails to approve or disapprove such plans and speci- fications within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and the provi- sions of this Section will be deemed 'to have been fully complied with: provided, however, that the failure of the Architectural Control Com- mittee to approve or disapprove such plans and specificat'ions within such thirty (30) day period shall not operate to permit any structure to be commenced, erected, placed, constructed or maintained on any Lot in the properties in a manner inconsistent with any provision of this Declaration. Without limitation of the powers herein granted, each homeowners association's Architectural Control Committee shall have the right to specify requirements for each Lot as follows: minimum set- backs: the location, height and extent of fences, walls or other screening devices: and the orientation of structures with respect to garage access and major entry and frontage. The Archi tecturalControl Committees also shall have full power and authority to reject any plans and specifications that do not comply with the restrictions herein imposed or meet its minimum construction requirements or architectural design requirements or that might not be compatible, in the sole and arbitrary discretion of such Architectural Control Committee, with the design or overall character and aesthetics of the properties. Section 2. Membership. The Master Association will not have an Architectural Control Commlttee and such committees for each of the other associations shall be appointed by Declarant. Section 3. Committee Makeup. An Architectural Control Commit- tee, may, by a majority vote, designate a representative or representa- tives to act for them and the term "Architectural Control Committee" as used herein shall refer to the individuals named above, their assignee as permitted herein, or the Committee's designated representative(s). In the event of death or resignation of any member or members of the Architectural Control Committee, the remaining member or members of the Architectural Control Committee 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 right, authority and power to carry out the functions of the Architectural Control Committee as provided herein, or to designate a representative with like right, authority and power. Section 5. Term of Architectural Control Committee. Each respective member thereof shall serve for a term of ten (10) years from the date hereof. Thereafter, all powers of each such Committee shall vest in respective Boards of Directors for each Association (excluding the Master Association), and such Directors may elect to appoint another Committee or resume their powers and responsibilities them- selves. Section 6. Transfer of Authority to the Association. The duties, rights, powers and authority of each Architectural Control Com- mittee consitituted hereby may be assigned at any time, at the sole election of a majority of the members of such Committee, to the Board of Directors of the Association associated with such homeowners associ- ation of the Subdivision as to which such Committee acts (exclusive of the Master Association), and from and after the date of such assign- ment, and the acceptance thereof by such Directors, such Board of Directors of the Association shall have full right, authority and power, and shall be obligated, to perform the functions of such Archi- tectural Control Committee as provided herein, including the right to designate a representative or representatives to act for it. -IS- ~\.:Ji.4-S-~ A'O~ 282 \, j ~, ~------'_._----'~---.o;-- " / I . _, .. i .,' .' I. .". ',' U I' , 'f ( ;- i ~ ) f, 'j I \ r \ ? ',: J " f , < { ,1 ;). ':l } ,) 1 ,t~ ~ ,1 t " I: III J d' ~ .~ ';i~ ~ J. , } I I , i I I t I I f f , , I I ! , I ___1 .. --,-_.....,..,.,.,...----- Section 7. Minimum Construction Standards. Each homeowners association's Architectural Control Committee may from time to time promulgate an outline of minimum acceptable construction standards and specifications (including, without limitation, a limited number of acceptable exterior materials and/or finishes), which shall constitute guidelines only and shall not be binding upon such Architectural Con- trol Committee or in any manner determinative of the approval or dis- approval by such Committee of submitted plans and specifications. " ARTICLE VIII General provisions Section I: Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by all Associations or the Owner of any land subject to this Declaration or any Supplemental Declaration, their respective legal representatives, heirs, successors and assigns, for an initial term commencing on the effective date hereof and ending Septem- ber 1, 2012. During such initial term, the covenants and restrictions of this Declaration may be changed or terminated only by an instrument stoned by the then Owners of all Lots in the Subdivision and properly recorded in the appropriate re~ds of Brazos County, Texas. Upon the expiration of such initial term, unless terminated as below provided, said covenants and restrictions (as changed, if changed), and the enforcement rights relative thereto, shall be automatically extended for successive periods of ten (IO) years. During the last calendar year of the initial term above stated and during any such ten (IO) year extension periods, the covenants and restrictions of this Declaration may be changed or terminated only by an instrument signed by the then Owners of not less than fifty-one percent (51%) of all the Lots in The Subdivision and properly recorded in the appropriate records of Brazos County, Texas, provided no change or termination shall shorten or alter the effectiveness of these covenants and restrictions until the natural expiration of the then respective term in effect. Section 2. Books and Records. The books and records of the Master Association shall, during reasonable business hours, be subject to reasonable inspection by any member." The Board of Directors may, by resolution, establish rules and regulations governing the frequency of inspection and other matters to the end that inspection 'of the books and records by any Member or Members will not become burdensome to nor constitute harassment of the Master Association. The Declaration of Covenants and Restrictions, the Articles of Incorporation and the Bylaws of the Master Association shall be available for inspection by any Member at the principal office of the Master Association, where copies may be purchased at reasonable costs. Section 3. Enforcement. Any and all Associations, but par- ticularly the Master Association, as a common expense to be paid out of the Maintenance Fund, or any Owner at his own expense, shall have the right to enforce, by proceedings at law or in equity, all restrictions, covenants, conditions, reservations, liens, charges, assessments and all other p~ovisions set out in this Declaration. Failure of the Asso- ciations or of any Owner to take any action upon any breach or default of or in respect to any of the foregoing shall not be deemed a waiver of their right to take enforcement action upon any subsequent breach or default. Section 4. Amendments by Declarant. The Declarant (but only so long as the "Class B" Membership exists pursuant to Article IV, Sec- tion 5 above) and/or each Association shall have and reserve the right a t any time and from time to time, without the joinder or consent of any other party to amend this Declaration by any instrument in writing duly siqned, acknowledged and filed for record for the purpose of cor- rection any typographical or grammatical error, ambiguity or inconsis- tency appearing herein, provided that any such amendment shall be con- \ sistent and in furtheran~e of the ~eneral Plhan and scheme. of deveflfoP- i ment as evidenced by thiS Declaration and s all not impair or a ect '"I the vested property or other rights of any owner or his mortgagee; pro- vided, that the Associations shall not be entitled to effectuate any such amendment as to any of the Properties, other than that portion which lies within the .boundaries of such respective Association's -16- 54.5. ..._ '?P.;; \.... ......... 4..._J.o _ ..........:....:. " ,~ ---..:-.---.-----......--...--.. ....-"" -'--. . . THE STATE OF TEXAS S S COUNTY OF BRAZOS S BEFORE ME, the undersigned authority, on this day personal- ly appeared E. W. SCHULTZ, TRUSTEE, dba Wood Creek Joint Venture, known to me to be the person whose name is subscribed to the fore- going instrument, and acknowledged to me that'he executed the same for the purposes and consideration therein expressed. -v1_GIVEN UNDER MY HAND AND SEAL .OF OFFICE on this the 3v.t1 day of ~JlLA../ , 1982. My commission . ,\llll,......., ".....: 'SO 2 V'" '. .~. \. ,......~ " Sta..t -lI'exas ~ "-;; ,,' .' '\ " .,... s ~ ....,.. ,\ --..... . ....':.. ~... .... --..,,'.., ).... 4 -- d. -5 ....J- /'f -</.- ':/ 1 ~ ~.~. !.:' , ! (.) ~ ' . ,I.", ' :.::,~: " '~'., .-=- ~ . . 'I' .-.:.. : OJ'' ~ ......-j..'I' (,) '. r \ 'r. '.. .:- v/ '~,..' ,~..:'" .. II . .- ,: .:':';,.'-- . , ", AI ....... \\ .t.,/, , . "'" ''! ,.( L \J 1. t. ' ,",'''.':. .. ..~~'...l.. . '~"'. ;..,.... &:i'\CA, '~~v' STATE OF TEXAS S S COUNTY OF BRAZOS S BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared LAWRENCE O'LEARY, Vice-president, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said FIRST BANK & TRUST, BRYAN, TEXAS, a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. (, /J GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the3 1'01 day of '7 tpp~~ , 1982. '. ) ~.' 5 4 5~ ~,..~ 284 l....'.,_._".._...:.~ ----" I' '---"-_._--'-'--~".T' ---::---:- ., ( -~ ",' ,.". ,',.", ' /} -t- ----f , .~ . I , . t ~ I ) ! ) ., ~ . '~ (i ~ ';' ~-~\, " , jurisdiction. provided, further, that the Master Association may affect the entire properties pursuant to its rights herein provided. Section 5. Interpretation. If this Declaration or any word, clause, sentence, paragraph or other part thereof shall be susceptible of more ~han one or conflicting interpretations, then the interpreta- tion which is most nearly in accordance with the general purposes and objectives of this Declaration shall govern. Section 6. Omissions. If any punctuation, word, clause, sen- tence or provision necessary to give meaning, validity or effect to any other word, clause, sentence or provision appearing in this Declaration' shall be omitted herefrom, then it is hereby declared that such omis- .' sion was unintentional and that the omitted punctuation, word, clause, sentence or provision shall be supplied by inference. Section 7. Notices. Any notice required to be sent to any Member or Owner under the provisions of this Declaration, shall be deemed to have been property sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the respectively concerned Association at the time of such mailing. Section 8. Gender and Grammar. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, males or females, shall in all cases be assumed as though in each case fully expressed. I: Section 9. Severability. Invalidation of anyone or more of the covenants, restrictions, conditions or provisions contained in this Declaration, or any part thereof, shall in no manner affect any of the other covenants, restrictions, conditions or provisions hereof, which shall remain in full force and effect. Section IO. Conflicts. Any terms and conditions of this Master Associatlon Declaration that are in conflict with the Declara- tions of Stonebridge, Shadowcrest, or any Subsequent Association, shall supersede the conflicting terms and co'hditions of said Associations. Any interpretations required shall be made the Directors of WoodCreek Community Association, Inc. ", ARTICLE IX Ratification by Lienholder : r\ lii \1' 1\ , ' First Bank & Trust, a Texas corporation, the owner and holder of a lien covering all or part of the Properties, has executed this Declaration to evidence its joinder in, consent to and ratification of the imposition of the foregoing covenants, conditions and restrictions. :ll IN WITNESS WHEREOF, the undersigned, being the Declarants here- in and the Lienholder, has executed this Declaration, acting by and through their duly authorized and empowered officers, to be effective this the 3rCA day of ~:1~~ , 1982. FIRST BANK & TRUST, (LIENHOLDER) WOOD CREEK JOINT VENTURE (DECLARANT) By: \ ;/ ('~ J,. ",...~5 4 5 '...."~ 285 '&. ~.""'_" ..'---c.'-W-.....-- _ -17- 't..