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HomeMy WebLinkAboutMetes & Bounds/OrdinancesBY-LAWS OF REGENCY SOUTH TOWNHOME HOMEOWNERS ASSOCIATION, INC. Article I NAME AND LOCATION The name of the corporation is REGENCY SOUTH TOWNHOME HOMEOWNERS ASSOCIATION, INC., hereinafter referred to as the "Association". The principal office of the corporation shall be located at 1816-3 Brothers Blvd. but meetings of members and directors may be held at such places within the State of Texas, County of Brazos, as may be designated by the Board of Directors. Article II DEFINITIONS Section 1. "Association" shall mean and refer to REGENCY SOUTH TOWNHOME HOMEOWNERS ASSOCIATION, INC., its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 3. "Common Area," shall mean all real property owned by the Association for the common use and enjoyment of the owners. Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties recorded in the Office of the County Clerk, Brazos County, Texas. Section 7. "Member" shall mean and refer to those persons entitled to membership as provided in the Declaration. Section 8. "Vote" shall be as defined for each class of members in the Declaration. Article III MEETING OF MEMBERS Section 1. Annual Meetings. The first annual meeting of the members shall be held January 24, 1990, and each subsequent regular annual meeting of the members shall be held on the same day of the same month of each year thereafter, at the hour of 7:00 p.m. If the day for the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday. Section 2. Special Meetings. Special meetings of the members may be called at any time by the president or by the Board of Directors, or upon written request of the members who are entitled to vote fifty per cent (50%) of all of the votes of the membership. Section 3. Notice of Meetings. Written notice of each meeting of the members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least 15 days before such meeting to each member entitled to vote thereat, addressed to the member's address last appearing on the books of the Association, or supplied by such member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting. Section 4. Quorum. The presence at the meeting of members entitled to cast, or of proxies entitled to cast, fifty per cent (50%) of the votes of all the membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-laws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. Section 5. Proxies. At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his Lot. Article IV BOARD OF DIRECTORS, SELECTION, TERM OF OFFICE Section 1. Number. The affairs of this Association shall be managed by a Board of five (5) directors, who need not be members of the Association. Section 2. Term of Office. At the first annual meeting the members shall elect two directors for a term of one year, two directors for a term of two years and one director for a term of three years; and at each annual meeting thereafter the members shall elect any director whose term is expiring. Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor. Section 4. Compensation. No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties. Section 5. Action Taken without a Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors. Article V NOMINATION AND ELECTION OF DIRECTORS Section 1. Nomination. Nomination for election to the Board of -2- Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members or non-members. Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. Article VI MEETINGS OF DIRECTORS Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held quarterly without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday then that meeting shall be held at the same time on the next day which is not a legal holiday section 2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three (3) days notice to each director. Section 3. Ouorum. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. Section 4. Waiver of Notice. Before or at any meeting of the Board of Directors, any director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the directors, are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. Article VII POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section I . Powers. The Board of Directors shall have power to: (a) Adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof; (b) Suspend the voting rights and right to use of the recreational facilities of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice -3- and hearing, for a period not to exceed sixty (60) days for infraction of published rules and regulations; © Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By-laws, the Articles of Incorporation, or the Declaration; (d) Declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors; and (e) Employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties. Section 2. Duties. It shall be the duty of the Board of Directors to: (a) Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by sixty-six and two-thirds (66-2/3) of all members who are entitled to vote; (b) Supervise all officers, agents and employees of this Association, and to see that their duties are properly performed; © As more fully provided in the Declaration, to: (1) fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period; (2) send written notice of each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period; and (3) foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the owner personally obligated to pay the same. (d) Issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board or its agent for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; (e) Procure and maintain adequate liability and hazard insurance on property owned by the Association; (f) Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; (g) Cause the Common Area and facilities thereon to be repaired, replaced and maintained; (h) Cause the exterior of the dwellings to be maintained; and (I) Carry on, in general, the administration of the Association, and to do all of those things necessary and reasonable in order to carry out the proper operation of the Property. Article VIII OFFICERS AND THEIR DUTIES -4- Section 1. Enumeration of Offices. The officers of this Association shall be a president and vice-president, who shall at all times be members of the Board of Directors, a secretary, and a treasurer, and such other officers as the Board may from time to time by resolution create. Section 2. Election of officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members. Section 3. Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year or until a successor is elected or unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve. Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. Section 5. Resianation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces. Section 7. Multiple Offices. The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article. Section 8. Duties. The duties of the officers are as follows: President (a) The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and may co-sign all checks and promissory notes. Vice-President (b) The vice-president shall act in the place and stead of the president in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board. Secretary © The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such other duties as required by the Board. Treasurer -5- (d) The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be represented to the membership at its regular annual meeting, and deliver a copy of each to the members. Article IX COMMITTEES The Association shall appoint an Architectural Control Committee, as provided in the Declaration, and a Nominating Committee, as provided in these By-laws. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose. Article X Indemnification of Officers and Directors The association shall indemnify every director or officer, his or her heirs, executors and administrators, against all loss, costs and expense, including counsel fees, reasonably incurred by him in connection with any action, suit or proceeding to which he may be made a party by reason of his being or having been a director or officer of the Association, except as to matters as to which he shall be finally adjudged in such action, suit or proceeding to be liable for gross negligence or willful misconduct. In the event of a settlement, indemnification shall be provided only in connection with such matters covered by the settlement as to which the Association is advised by counsel that the person to be indemnified has not been guilty of gross negligence or willful misconduct in the performance of his duty as such director or officer in relation to the matter involved. The foregoing rights shall not be exclusive of other rights to which such director or officer may be entitled. All liability, loss, damage, costs and expense incurred or suffered by the Association by reason or arising out of or in connection with the foregoing indemnification provisions shall be treated and handled by the Association as expenses payable from assessments; provided, however, that nothing contained in this Article shall be deemed to obligate the Association to indemnify any Member, who is or has been a director of officer of the Association, with respect to any duties or obligations assumed or liabilities incurred by him and by virtue of the Declaration as an owner covered thereby. Article XI BOOKS AND RECORDS The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles of Incorporation and the By- laws of the Association shall be available for inspection by any member at the principal office of the Association, where copies maybe purchased at reasonable cost. Article XII ASSESSMENTS -6- As more fully provided in the Declaration, each member is. obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessments which are not paid when due shall be delinquent. if the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of fifteen (15%) per cent per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his Lot. Article XIII AMENDMENTS Section 1. These By-laws may be amended, at a regular or special meeting of the members, by a vote of a majority of a quorum of members present in person or by proxy. Section 2. In the case of any conflict between the Articles of Incorporation and these By-laws, the Articles shall control; and in the case of any conflict between the Declaration and these By-laws; the Declaration shall control. Article XIV MISCELLANEOUS Whenever notice is required by law, by the Articles of Incorporation or by the By-laws, waiver thereof in writing signed by the director, member or other person entitled to said notice, whether before, or after the time stated therein, or his appearance at such meeting in person or (in the case of a member's meeting) by proxy, shall be equivalent to such notice. The presence of a director, member or other person at any meeting shall constitute a waiver of notice of such meeting except where such person attends such meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called. The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation. No part of the net earnings of the Association shall inure to the benefit of or be distributable to its members, directors or officers, except that the Association shall be authorized and have the power to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in its Articles of Incorporation. -7- DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF REGENCY SOUTH TOWNHOME HOMEOWNERS ASSOCIATION, INC. This DECLARATION is Made on the date hereinafter set forth by all Regency South Townhome Homeowners hereinafter referred to as "Declarant", and in conformance with Federal Housing Administration requirements for such a declaration. This declaration is in the nature of a renewal, extension and ratification of a previous declaration relating to the same property described below, recorded in Volume 601, Page 587, of the Official Records of Brazos COunty, Texas; but has been amended and newly executed by 100% of the owners of said premises. W I T N E S S E T H• WHEREAS, Declarant constitutes 100$ of the owners of certain property in College Station, County of Brazos, State of Texas which is described as follows: Being a 4.35 acre tract or parcel of land lying and being situated in the CRAWFORD BURNETT LEAGUE of Brazos County, Texas, said tract or parcel of land also being a portion of Lot 35-R, Block 16, SOUTHWOOD VALLEY, SECTION III an addition in the City of College Station, Texas according to plat thereof as recorded under File #276325 in the office of the County Clerk of Brazos County, said tract being more particularly described as follows: BEGINNING at. an iron rod found marking the common corner of Lots 35-R and 36 of the beforementioned subdivision, said iron rod also being in the south line of Brothers Blvd.; THENCE N 57° 41' 47" E 170.00' to an iron rod for a corner; THENCE S 43° 13' 15" E 288.20' to an iron rod for an angle point; THENCE S-71° 48' 11" E 215.00' to an iron rod for a corner; THENCE S 18° 11' 49" W 340.76' to an iron rod for a corner; THENCE N 60° 45' 51" W 220.52' to an angle point; THENCE N 70° 31' 20" W 141.05' to an angle point; THENCE N 77° 20' 23" W 171.76' to an iron rod for a corner; THENCE N 18° 11' 49" E 133.82' to an iron rod for a corner; THENCE N 40° 41' 52" W 42.42' to an iron rod for a corner; THENCE N 49° 18' 08" E 119.67' to an iron rod for a corner; THENCE N 32° 18' 13" W 95.00' to an iron rod and PLACE OF BEGINNING, for an area of 4.35 acres of land, more or less. The 4.35 acre tract or parcel of land described above includes Lot numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 30, 31, 32, 33 and 34 as platted. NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to REGENCY SOUTH TOWNHOME HOMEOWNERS ASSOCIATION, INC., its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real property hereinbef ore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is described as follows: All that certain 4.35 acre tract of land hereinabove de- scribed by metes and bounds SAVE AND EXCEPT all lots and dedications to the City of College Station, Texas as. - 2 - reflected by the plat of said tract recorded under File #276325 in the County Clerk's office of Brazos County, Texas. Section 5. "Improved Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area and upon which a structure exists that is in compliance with the requirements of Article V. Section 6. "Unimproved Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area and upon which no structure exists or a structure exists that is not in compliance with the requirements of Article V. Section 7. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area. "Lot" includes both Improved Lots and Unimproved Lots. ARTICLE II PROPERTY RIGHTS Section 1. Owner's Easements of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area; (b) the right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations; (c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to Such conditions as may be agreed to by the members. No such dedication or transfer shall be - 3 - effective unless an instrument signed by two-thirds (2/3rds) of all members agreeing to such dedication or transfer has been recorded. Section 2. Delegation of Use. Any owner may delegate in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Parkins Rights. Ownership of each Lot shall entitle the owner or owners thereof to the use of not more than two (2) automobile parking spaces, which shall be as near and convenient to said Lot as reasonably Possible, together with the right of ingress and egress in and upon said parking area. No non-motorized vehicle, trailer, boat, recreational vehicle, machinery or equipment of any kind may be parked or stored on any part of any Lot, easement, right-of-way or Common Area unless such object is concealed from public view inside a garage or other approved enclosures. ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 1. Every owner of a lot which is subject to assessment 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. Section 2. The Association shall have two (2) classes of voting membership: Class A: Class A members shall be all Owners of improved lots and shall be entitled to one vote for each Lot owned. When more than one person holds 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 shall be all owners with unimproved lots and shall be entitled to one-half (1/2) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The one-half (1/2) vote for - 4 - such Lot shall be exercised as they among themselves determine, but in no event shall more than one-half (1/2) vote be cast with respect to any Lot. Section 3. Class A members who own an unimproved lot or lots adjacent to their improved lot may elect to treat the unimproved lot or lots as part of their improved lot, in which case the Class A member still has a combined total of one vote. ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. 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) monthly assessments or charges for the improvement and maintenance of the Common Area and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The monthly and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land 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 successors 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 the Common Area. In the event that the need for maintenance or repair is caused through the willful or negligent action of a owner, his family, or guests, or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such lot - 5 - q00~ I is subject. . Section 3. Maximum Monthly Assessment. The initial assessment for Class A members is hereby set in the amount of $100 per month beginning January 1, 1990. (a) The maximum monthly assessment may be increased each year not more than 10$ above the maximum assessment for the previous year without a vote of the membership. (b) The maximum monthly assessment may be increased above 10% by a vote of two-thirds (2/3rds) of all members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the monthly assessment at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements. In addition to the monthly assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of all members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Ouorum for Any Action Authorized Under Section 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast fifty percent (50%) of all the votes of the membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. - 6 - Section 6. Uniform Rate of Assessment. Other than as allowed by Section 8 hereafter, both monthly and special assessments must be fixed at a uniform rate for all Lots and shall be collected on a monthly basis. Section 7. Date of Commencement of Assessments: Due Dates. The monthly assessments provided for herein shall commence as to all Lots on the first day of January, 1990. The Board of Directors shall fix the amount of the monthly assessment against each Lot at least thirty (30) days in advance of each monthly assessment period. Owners are responsible for payment of assessments with or without notice from the Association. Written notice of the monthly assessment may or may not be sent to every Owner subject thereto at the discretion of the Association. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Section 8. Unimproved Lots Owners of unimproved lots shall pay fifty percent (50%) of the then existing full maintenance charge and assessment for each Lot owned by them unless and until a residential structure has been built thereon and is occupied, in whole or part, whether by tenants or homeowners. Thereafter, commencing on the first day of the next succeeding calendar month, the full maintenance charge then assessed shall become applicable. It shall be the duty of each owner to notify the Association at the time a residence has been permitted to be occupied. Section 9. Class A members who own an unimproved lot or lots adjacent to their improved lot may elect to treat the unimproved lot or lots as part of their improved lot, in which case the Class A member shall pay a total of one monthly maintenance assessment fee for their improved lot and adjacent lot or lots. The Owner is responsible for all maintenance of their unimproved lots. Section 10. Unimproved Lot Maintenance Class A Members with an Unimproved Lot(s) and all Class B Members shall be responsible for the maintenance and upkeep of their respective Unimproved - 7 - Lot(s). The owners of Unimproved Lot (s) are responsible for the cost of said maintenance and upkeep of their Lot(s). If the Board of Directors determines that an Unimproved Lot(s) is, in their opinion, not being maintained, the Board of Directors will notify the Owner, in writing, of a maintenance deficiency. If, at the end of thirty days from notice, the Owner has not corrected the maintenance problem, The Board of Directors may, at their option, have the necessary maintenance performed and billed to the owner. Section 11. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of fifteen percent (15%) 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 for herein by non-use of the Common Area or abandonment of his Lot. Section 12. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which, became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 13. Exempt Property. All properties dedicated to, an accepted by, a local public authority and all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Texas shall be exempt from the assessments created herein. However, no land or improvements devoted to dwelling use shall be exempt from said assessments. ARTICLE V ARCHITECTURAL CONTROL Section 1. No building, fence, wall or other structure shall - 8 - be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. Said architectural committee shall approve the color and installation of all storm doors and window coverings and enforce the compliance of all owners to use such materials and fabrics that will blend in with the decor and tones of the Properties. Section 2. All structures commenced, erected or maintained upon the properties shall be built of a brick construction and in compliance with Section 1 of Article V. Fences are not allowed on the front side of any lot. Any fence constructed must be on the side and/or back of a lot. Only wood fences will be allowed. A wall of brick construction may be used on the front of a lot constructed so as to blend in with other existing walls on the Properties.. ARTICLE VI GENERAL PROVISIONS Section 1. Enforcement. The Association, or any owner, shall have the right to enforce, by any proceeding at law, or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be - 9 - deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot owners. Any amendment must be recorded. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this the ?14A_day of T4N_4J4AV , 1990. Sianature Property Description W Lot 3 Lot 3 Lot 2 Lot 2 °w ' Lot 3 4 mes U. McNeal Gco Lot 33 GHE~ A. Luscombe x. Lot 33 Rosemary L combe Lot 12 S ra G. Skagg Lot 12 Ronald L. Skaggs At,A -V-4 J,-~,,J~& Lot 13 Angelle - 10 - Southw st ZSin Association by Dean A. Lowe, Vice Preside t THE STATE OF TEXAS COUNTY OF BRAZOS Lots 1, 4, 5, 6, 7, 8, 9, 10, 11, 14, 30, 31, 32 and Blockl instrument was acknowledged before me on the day of 011-A , , 1990 by C. Wallis McMath Jr.. Ruth Ann McMath, BECKY AUTREY Notary lic, ate of Texas W cowm o" EXPM `tip"fir Much 20, 1993 Notary's Printed Na>Le My Commission Expires: 2- THE STATE OF TEXAS COUNTY OF BRAZOS ,Tpis instrument was acknowledged before me on the ( SS day of 1990 by Dean A. Lowe. Vice President of Southwes BECKY AUTREY otary/IPublic, State of Texas •1 W COM11SS" Exp"s V I 0 `alb {f Much 20.1993 Notary' Printed Na e My Commission Expires: 3,1 ~-(D 2 1 /9 THE STATE OFT XAS COUNTY OF tj8dft Dallas Notary's My Commission Expires: 90/93 THE STATE OF TEXAS COUNTY OF ~ Z~-Q rra - - Name Trhis instrument was acknowledged before me on the al st day of r p,hruA r4 , 1990 by A t_1A NO-13 Ile n"i Notary's Printed Name Notary Public-, Stat 11 - ' LINDA R. FAMBROUGH My. Commission Expires: NOTARY PUBLIC ~ STATE OF TEXAS ^•My Comm Expires 1-28-93 This instrument was acknowledged before me on the 30th day of Januarv , 1990 by Ronald L. Skaggs and Sondra G Skaggs THE STATE OF TEXAS COUNTY OF BRAZOS instrument was acknowledged before me on the day of Lt':~ , 1990 by James A. Luscombe. Jr. and Rosemary UNDA D. PORTERRELD Notary Public, Statk of Texas COMMISSION EXPIRES APRIL 2. 1993 L , n A 1'. P~n ~ K -1i e- 4L Notary's Printed Name My Commission Expires: Lz 6 /-73 THE STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the day of , 1990 by Notary Public, State of Texas Notary's Printed Name My Commission Expires: - 12 - ORDINANCE NO. AN ORDINANCE REZONING A 4.35 ACRE TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE OF BRAZOS COUNTY, TEXAS, SAID TRACT OR PARCEL OF LAND ALSO BEING A PORTION OF LOT 35R BLOCK 16, SOUTHWOOD VALLEY SECTION 3 AS RECORDED IN VOLUME 490, PAGE 175 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE FROM APARTMENTS HIGH DENSITY DISTRICT R-6 TO PLANNED UNIT DEVELOPMENT DISTRICT NO. 2. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: WHEREAS, the City Council held a public hearing in the City Hall at 7:00 P.M. on Thursday, 1982 on the question of rezoning certain areas within the city limits; AND, WHEREAS, the City Council has determined the following: To rezone or change the classification of the following 4.35 acre tract of land lying and being situated in the Crawford Burnett League of Brazos County, Texas, said tract or parcel of land also being a portion of Lot 35R, Block 16, Southwood Valley Section 3, and being more particularly described as follows: BEGINNING at an iron rod found marking the common corner of Lots 35R & 36 of the before mentioned subdivision, said iron rod also being in the south line of Brothers Blvd; THENCE N 570 41' 47" E 170.00' to an iron rod for a corner; THENCE, S 430 13' 15" E 288.20' to an iron rod for an angle point; THENCE,( 710 48" 11" E 215.00' to an iron rod for a corner; THENCE, S 18o 11' 49" W 340.76' to an iron rod for a corner; THENCE, N 600 45' 51" W 220.52' to an angle point; THENCE, N 700 31' 20" W 141.05' to an angle point; THENCE, N 770 20' 23" W 171.76' to an iron rod for a corner; THENCE, N 18o I1' 49" E 1to an iron rod for a corner; THENCE, N 40o 41' 52" W 42.42' to an iron rod for a corner; THENCE, N 490 18' 08"E 119.67' to an iron rod for a corner; THENCE, N 320 18' 13" W 95.00' to an iron rod and PLACE OF BEGINNING for an area of 4.35 acres of land more or less from Apartments High Density District R-6 to Planned Unit Development District No. 2. And, it is ordained that said changes shall become effective immediately. PASSED AND APPROVED this ,1982. APPROVED: ATTEST: Mayor, Gary Halter City Secretary. Dian Jones ORDINANCE NO. AN ORDINANCE REZONING A 4.35 ACRE TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE OF BRAZOS COUNTY, TEXAS, SAID TRACT OR PARCEL OF LAND C ALSO BEING A PORTION OF LOT 35R BLOCK 16, SOUTHWOOD VALLEY SECTION 3 AS RECORDED IN VOLUME 490, PAGE 175 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE FROM APARTMENTS HIGH DENSITY DISTRICT R-6 TO PLANNED UNIT DEVELOPMENT DISTRICT NO. 2. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: WHEREAS, the City Council held a public hearing in the City Hall at 7:00 P.M. on Thursday, 1982 on the question of rezoning certain areas within the city limits; AND, WHEREAS, the City Council has determined the following: To rezone or change the classification of the following 4.35 acre tract of land lying and being situated in the Crawford Burnett League of Brazos County, Texas, said tract or parcel of land also being a portion of Lot 35R, Block 16, Southwood Valley Section 3, and being more particularly described as follows: BEGINNING at an iron rod found marking the common corner of Lots 35R & 36 of the before mentioned subdivision, said iron rod also being in the south line of Brothers Blvd; THENCE N 570 41' 47" E 170.00' to an iron rod for a corner; THENCE, S 430 13' 15" E 288.20' to an iron rod for an angle point; THENCE, S 710 48" 11" E 215.00' to an iron rod for a corner; THENCE, S 180 11' 49" W 340.76' to an iron rod for a corner; THENCE, N 600 45' 51" W 220.52' to an angle point; THENCE, N 700 31' 20" W 141.05' to an angle point; THENCE, N 770 20' 23" W 171.76' to an iron rod for a corner; THENCE, N 180 11' 49" E 132.82' to an iron rod for a corner; THENCE, N 40o 41' 52" W 42.42' to an iron rod for a corner; THENCE, N 490 18' 08"E 119.67' to an iron rod for a corner; THENCE, N 320 18' 13" W 95.00' to an iron rod and PLACE OF BEGINNING for an area of 4.35 acres of land more or less from Apartments High Density District R-6 to Planned Unit Development District No. 2. And, it is ordained that said changes shall become effective immediately. PASSED AND APPROVED this ,1982. APPROVED: f ATTEST: Mayor, Gary Halter City Secretary. Dian Jones Metes and Bounds Description of a 4.35 Acre Tract Regency South Subdivision Crawford Burnett League College Station, Brazos County, Texas Said tract more particularly described by metes and bounds as follows: BEGINNING at an iron rod found marking the common corner of Lot 36, Block 16, Southwood Valley Section 3 and Lot 1 of the Regency South subdivision, said rod also being in the south line of Brothers Blvd; Thence, N 5r 41' 47" E 170.00' to an iron rod for a corner; Thence, S 4S 13' 15" E 288.20' to an iron rod for an angle point; Thence, N 71° 48' 11" E 215.00' to an iron rod for a corner; Thence, S 180 11' 49" W 340.76' to an iron rod for a corner; Thence, N 601 45' 51" W 220.52' to an angle point; Thence, N 70° 31' 20" W 141.05' to an angle point; Thence, N 770 20' 23" W 171.76' to an iron rod for a corner; Thence, N 18. 11' 49" E 133.82' to an iron rod for a corner; Thence, N 40° 41' 52" W 42.42' to an iron rod for a corner; Thence, N 49' 18' 08" E 119.67' to an iron rod for a corner; Thence, N 32° 18' 13" W 95' to an iron rod and PLACE OF B EGINNING containing 4.35 acres of land more or less. ORDINANCE NO. FIL E Copy 00-17 7 AN ORDINANCE REZONING REGENCY SOUTH SUBDIVISION, BLOCK 1 LOTS 1-14, 30-34, RESERVE TRACT BLOCK 1, AND PRIVATE AND PUBLIC UTILITY ACCESS EASEMENT, COLLEGE STATION, BRAZOS COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City of College Station Zoning Ordinance #1638, more specifically the Official Zoning Map, be amended as set out in Exhibits "A", "B", "C", and "D" attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five dollars ($25.00) nor more than Two Thousand Dollars ($2000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 14th day of December 2000. ATTEST: Connie Hooks, City Secretary Lynn McIlhaney, Mayor APPROVED: Harvey C611 Jr., C' ey ORDINANCE NO. EXHIBIT "A" PAGE 2 OF 5 That the Official Zoning Map of the City of College Station, and part of Zoning Ordinance #1638, is hereby amended as follows: The following property is rezoned from P.U.D. #2, Planned Unit Development #2, Single Family Residential to PDD-H, Planned Development District-Housing. 4.35 acres being all that certain tract or parcel of land lying and being Block 1, Lots 1- 14, 30-34, Reserve Tract Block 1, and Private Access and Public Utility Easement of the Regency South Subdivision, College Station, Brazos County, Texas, and being more particularly described in the attached Exhibit "B" and "C" and shown graphically in Exhibit "D. " Purpose: This district is designed to provide land for detached single family residential development for smaller lot sizes with greater design flexibility. R1A Zoning District requirements shall be applicable except as specifically modified in the attached standards, Exhibit "C." \\CH1 NETWARE\VOL1\GROUP\DEVE_SER\Rezoning Ordinances\2000\00-177.doc ORDINANCE NO. EXHIBIT "B" PAGE 3 OF 5 Metes and Bounds Description of a 4.35 Acre Tract Regency South Subdivision Crawford Burnett League College Station, Brazos County, Texas Said tract more particularly described by metes and bounds as follows: BEGINNING at an iron rod found marking the common corner of Lot 36, Block 16, Southwood Valley Section 3 and Lot 1 of the Regency South subdivision as desribed in Volume 605, Page 775, said rod also being in the south line of Brothers Blvd; Thence, N 57° 41' 47" E 170.00' to an iron rod for a corner; Thence, S 43° 13' 15" E 288.20' to an iron rod for an angle point; Thence, N 71° 48' 11" E 215.00' to an iron rod for a corner; Thence, S 18° 11' 49" W 340.76' to an iron rod for a corner; Thence, N 60° 45' 51" W 220.52' to an angle point; Thence, N 70° 31' 20" W 141.05' to an angle point; Thence, N 77° 20' 23" W 171.78' to an iron rod for a corner; Thence, N 18° 11' 49" E 133.82' to an iron rod for a corner; Thence, N 40° 41' 52" W 42.42' to an iron rod for a corner; Thence, N 49° 18' 08" E 119.67' to an iron rod for a corner; Thence, N 32° 18' 13" W 95' to an iron rod and the PLACE OF BEGINNING containing 4.35 acres of land more or less. ORDINANCE NO. EXHIBIT "C" PAGE 4 OF 5 Attachment A Regency South Summary of Proposed Subdivision Regulations and Zoning District Requirements Zoning District R-1A, single family residential, restrictions and regulations will apply for any regulations not expressly modified by the following Planned Development District guidelines. Permitted Uses: Single Family Residential Lots: Lots will be a minimum of 2000 square feet.* There will be a maximum of 32 lots in the subdivision. Square Footage: Each primary structure will be within the range of 1400 to 2500 SF. (Inclusive of the garage and open porch areas.) Building Elevations: Will be approved by the Regency South Homeowners Association. Building Height: The building height will be a maximum of one story. Setbacks: There will be a 10-ft setback from the perimeter of the subdivision. Parking: Any lot taking primary vehicular access from the alley adjacent to the Longmire Townhomes will be required to provide four 9ftx20ft parking spaces. Access: The small drive that connects the Regency South private street and the alley adjacent to the Longmire Townhomes shall allow through access for emergencies only. Construction Access: Developers for any lot in the Regency South Subdivision shall pursue means of construction access other than the Regency South private drive or the alley adjacent to the Longmire Townhomes, if available, and document that pursuit. If other means are not available, then the accessway used must be repaired to pre-construction conditions or better. These restrictions will be listed on any subsequent plats in this subdivision. * This square footage was arrived at because of some of the existing lots in Phase 1. Stacking 2 cars behind a 2-car garage will meet the intent of this requirement.