HomeMy WebLinkAbout01-00500272- 00075680Dec -20 -01 03:29pm From- WINSTEAD SECHREST AND 1AINICK + T -605 P.03/41 F -470
ARTICLES OF INCORPORA'CION
OF
CANYON CRXEK OWNERS ASSOCIA1171ON, INC.
The undersigned natural person of the age of eighteen (18) years or more, actin; as an
incorporator of a corporation tinder the l exas Business Corporation Act, hereby adopts the
following Articles of Incorporation 1br such corporation:
AIMCLl ONE
The name of the Corporation is Canyon Creek OvAoers Association, Inc. (hen:inafter
re1'crred to as the "Corporation ").
Ak'r1CL1: TWO
The Corporation is a non•prol7t corporation.
AR`tICLE THREE:
The period of duration of'the Corporation is perpetual.
Alt ICLE FOUR
The, address of the initial registered office of the Corporation is P. O. Box 131484, Houston,
Texas 77219, and the name of its initial registered agent at such address is Todd P. Sullivu n.
ARnCLE? FIVE
The Corporation does not contemplate pecuniary gain or profit to the members ttwreo:f,
and the specific purposes for which it - is formed are to provide for the protection, inatnknance,
prt;servation, improvement and architectural control of the property described as I.C.G.
Subdivision, a subdivision in Brazos County, Texas, according to the plat thereof recorded or to
be recorded in the map or plat mcords of BTUOs County, '1'ercas, and any additional properties
thin. may hereafter be brought within the jurisdiction of the Corporation (the "Property "), and to
promote the health, safety and welfare of U►e residents within the above - described property and
any additions thereto, and for these purposes, to,
a. Exercise all of the powers and privileges and to perform all of the duties
and obligations of the Corporation as set forth in each Declaration of Covenants,
Conditions and Restrictions applicable to the Property now or hereafter and recorded in
the office of the County (_'lerk of Brazos County, , l exa;.. (collectively, the "Declarations "),
as the same may be arnended noon time w time as therein provided, including, without
limitation, the Declaration of Covenants, Conditions and restrictions of the Townhomes
of Canyon Creek, said Declaration being incorporated herein as if set forth at length;
b. Fix, levy, collect and enkirce payment of, by any lawful means, all
charges and assessments pursilant to the terms of the Declarations; and to pay all
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expenses in connection therewith and all office and other expenses incidental ro the
conduct of the business of the Corporation, including; oil licenses, taxes and governrental
charges levied or imposed agait,st the prolx:rty of the Corporation;
C. Acquire (by gill, purchase or otherwise), own, hold, improve, buil,J upon,
operate, maintain„ convey, sell, lease, transfer, dedicate for public use or otlu:rwise
dispose of real or personal property in connection with the affairs of the Corporation;
d. Borrow money and, with the assent of a majority of the total eligible votes
of the Corporation, voting in person or by proxy, tit a meeting duly called ftir such
purpose, mortgage the Common Areas (as dt:fined in the Declarations), Cutntnon
Facilities (as defined in the Declarations) or any part thereof;
e. Convey or dedicate to the appropriate governmental authority the
Common Areas, or any part thereof, provided such Conveyance or dedication is approved
by a majority of the total eligible votes of Members (as defined herein) of the
Corporation, voting in person or by proxy, at It meeting duly called for such pwpose,
written notice of which shall be given to all Members :tt least thirty (30) days in advance
of the meeting and shall set forth tht: purpose of the meeting;
f. Participate in mergers and consolidations with other non- profit
corporations organized for the same purposes or annex additional property;
g. Have and exercise any and all powers, rights and privileges which a
corporation organized under the 'Texas Non -Profit Corporation Act may now or hereafter
have or exercise.
h. Suspend the voting; rights wid rights of use of the Common Areas of any
Member of the Corporation for any period during which any assessment or other .tmount
owed by such member tit the Corporation remains unpaid or during which such Member
is in violation of any of the provisions of the Declarations; and
i. Establish reasonable: rules and regulanorts governing the Merrtbers use
and enjoyment of the Common Areas, and to suspend the enjoyment rights and N oting
rights of any Member for any period not to exceed sF4ty (60) days for any infraction of
such rules and regulations.
ARTICLE SIX
Each and every person„ persons, or leg al entity who shall own any Townhonte Lot (as
defined in the Leclarations) in the property, shall automatically be, and must remain, :1 Member
of the Corporation. Such membership shall be appurtenant t() each 1 "ownhome Lot and may not
be severed fTorn or held separately therefrom. Any person or enrity who holds title to a
Townhome Lot merely as security for the pimbi of any obligation shall not be a Member.
1)
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ARTICLE SEVEN
The Corporation shall initially have two c[aisses OFvoungy membership:
it. CLASS A. Class A Members shall be all those persons or leg=al entities
who own a Townlome Lot with the exception (until the Conversion Date defu►ed herein)
of Canyon Creek Partners, Ltd. a 'Texas limited partnership, its successors and assigns
( "Declarant "). After the Conversion Date, Declarant :;hall become a Class A Member to
the extent that Declarant is the Owner (as defined in the Declarations) of one car more
Townhome Lots. Class A Members shall be entitled to one (1) vote for each Tom%home
Lot. When two or more persons or entities hold undivided interests in any Townhome
I..ot, all such persons or entities shall be Class A Members, and the vote for such Dart of
the Property owned by %uc:h Members shall be exerci,ed as they, among themselves,
determine, but in no event shall more than one rote be cast with respect to each
Townhome Lot in which such Members own undivided interests.
b. CLASS El. 'fhe Class B Membe=r shall be the Declarant and shall be
entitled to three (3) votes for each Townhome Lot owned within the Property. The Class
B membership shall cease and be c- t►nverted to Class A membership on the happening of
the earlier of the fbllowing events (the "Conversion Date' ): (i) on January 1, 2012; (ii)
when the total votes outstanding( in Class A membership equal the total votes oatseanding
in Class B membership; or (Iii) such earlie=r date as may be established by Declanutt in a
written instrument recorded by Declarant in the Cifficial Public Records of Real Property
of Brazos County, Texas.
ARTICLE EIGHT
The number of directors constituting the initial Board of Directors is three (:l) and the
naraes and addresses of the persons who are to serve as the initial directors are:
Name Ad dress
Todd P. Sullivan P. 0. Box 131484
Elotitaon, TX 77219
John Sullivan P. U. Box 131484
Houston, TX 77219
William Sullivan P. O. Box 131484
Houston, TX 77219
AR'nCLI- NINE
The Corporation may be dissolved with the c=onsent of two- thirds (2/3) of the Mentbers.
Upon dissolution of the Corporation, other than incident to a merger or consolidation, thk? ;assets
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of the Corporation shall be dedicated to an appropriate public agency to be used for purposes
sindlar to those for which the Corporation was created. In the event that such dedication is
refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit
ewporation, association, trust of other organization to be devoted to such similar purposes.
ARTICLE TEN
These Articles may be amended with the assent of two- thirds (2/3) of the Members of the
Corporation.
ARTICLE ELEVEN
T lie name and mailing address of the undersigned incorporator of the C:orlwatiort is as
follows:
N AM Mailing A
)olm G. Cannon 2400 Bank One Center
910 'fravi,
Houston, Texas 77002
20(11.
IN WITNESS WH'F.REOF, I have hereunto sat my hand this day of ___
John (1. Cannon
HO( STON ] 63794Z 1
12f?jvzUUOl = 99999 3.1
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BYLAWS
OF
CANYON CRUX OWNERS ASSOCIATION, INC.
.ARTICU I
NAME AND LOCATION
The name of the corpotution is Canyon Greek Owners Association, Inc. (hereinafter
referred to as the "Association "). The principal office of the association shall be located at P. O.
Brix 131484, Houston, TX 77219, but meetings of Members and directors may be held at such
places within the State of Texas us may be designated by the hoard of Directors.
AR`X IC1,1:', II
D) i1'1NTTIONS
Section 1. "Association" shall mean and refer to Canyon Creek Owners Association,
Inc., a Texas non - profit corporation, its successors and assigns.
Section 2. "Common Area;" shall mean and refer to areas of land owned, lea:aed or
used by the Association, and/or easement areas for walls or fences, streets, entryways, access or
walkway~, recreational facilities, and other purposes benefiting the Members, including any
iminovements aund landscaping located thereon, for the cotnnaon use, enjoyment and benefit of
the Members of the Associati(;n.
Section 3. "Declarant" shah rneim and refer to Canyon cheek Partners, Ltd., fi Texas
limited partnership, and its successors anti assigns provided that an assignee is designared in
writing by Canyon Creek Partners, 1,td., as un assignee of all, or part, of the rights oi' Declarant.
Section 4. " Declaration" shall mean and refer to each Declaration of Covenants,
Conditions and Restrictions and any supplemental dec=laration (hereinafter calb -d the
"Declaration ") applicable to the Property or any portion thereof now or hereafter signt:d by
Declarant and filed for record fit the office of the County Clerk of Brazos County, Texas, :ts the
same may be amended from time to tine as therein provided.
Section 5. "Member" shall coca n and refer to each Owner of a Townhorne Lot or an
undivided interest therein, who shall be a Member of the Association as provided in the
D%:,;laration.
Section 6. "Owner" shall mean, and refer to the owner of record ( including
Declarant), whether one or more parsons or entities, of fee : ;implc title to any Townho,ne Lot
which is a pan of the Property, but excluding those having such interest merely as se:eudly for
the performance of an obligation.
Section 7. "Property" shall mean and refer to the real property (including improve -
ments) now or lrereafler brought within the jurisdiction of'tl—w :kssociation by a Declaration.
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Section 8. "Townhoine 'L.ot" shall have the samt: meaning given such terns in the
Dcclaration.
ARTICLE III
MEI t'INGS OF MEMBERS
Section 1. An nual Meetifips. I he first anntud Meeting of the Members shall be held
within one year after the date of the conveyance of the first completed residence in the Property
to a home buyer an a date designated by the Association's Board of Directors, sitel each
subsequent regular annual meeting of the Members shall be held on the same day of flit: same
month of each year thereafter, at a time designated by the Board of Directors. If the day for the
annual meeting of the Members is .1 legal holiday, the meeting will be held at the sarne hour on
th(I first day following which is not a legal holiday_
Section 2. Sp ecial M eetinus. Special meetings of the Members may be called at any
time by the president or by the Board ol'I)irectors, or upon written request of the Merxtbers who
are entitled to vote one -third (1/3) of the aggregate votes of the Members,
Section 3. No tice of' Meetings. Written notice of each meeting of the Mernbc:r.3 shall
be given by, or at the direction of, the secretary or person authorized to call the tr►eeting, by
trailing a copy of such notice, postage prepaid, at least IS days before such meeting to each
Member entitled to vote thereat, addressed to tht! Member's address lost appearing on thy: books
of the Associalion, or supplied by such Member of the Association for the purpose of notice.
Such notice shall specify the place, day turd hour of the meeting, and, in the case of a special
meeting, the purpose of the meeting.
Section 4. Qu The presence at the meeting of Members entitled to cast. or of
proxies entitled to cast, one -tenth (1 /10) of the votes of the Members shall constitute a quorum
for any action t-xcept as otherwise provided in the Articles of Incorporation, the Decluatians, or
these Bylaws. If., however, such ciuorum shall not be presom or represented at any nweting,
another meeting may be called subject to the same notice requirement, and the required ►luorum
at the subsequent meeting shall be one -half (%) of the required quorum at the preceding niceting.
No subsequent meeting shall he held more than 60 days following the preceding meeting,
Section 5. Pro At all meetings of Members, each Member may vote in per ;on or
by proxy. All proxies shall N7 in writing, and filed with the secretary. Every proxy ;.hall be
revocable and shall automatically cease upon conveyance by the Member of his Townhonte Lot.
ARTICLE IV
BOARD OF DIRECT OILS
Section 1. Nu The affair; of this Association shall be managed by a board of
directors containing three (3) members who need not be Members of the Association. The
number of ditx:ctors may be increased to not more Chan live (5) members at any time by
amendment of these Bylaws.
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Section 2. TJ of Office At the First annual meeting the Members shall ele,et one
0 director lbr a term of one (l) year, one (1) director for a term of two (2) years, and cone (l )
director for a term of three (3) years. At each annual meeting of the Members thereafter the
Mu-mbers shall elect the number of directors equal to the number of directors whose terms expire
at iuch time for a term of three . years.
Section 3. Removal. T1re Members may remove arty director with or without cause
by a majority vote at a meeting called for such purpose. In the event of the death, resignation or
removal of a director, his successor shall tx! selected by the remaining members of the Board and
shall serve for the unexpired term of his predecessor.
Section 4. Cnmpens 'on. No director shall receive compensation for any service he
may render to the Association. However, any director may be: reimbursed for his actual e.<penses
incurred in the performance of his dUtiON,
Section S. ti n The directors shall have the right to
take any action which they could take at a meeting by execution of a written consent instrument
signed by all of the directors. Any action so approved shall have the same effect as though taken
at a meeting of the directors.
ARTICLE V
NOMINATION .ANIi ELECTION OF DIRECTORS
Section 1. Nominati Nominations for election u, the Board of Directors shall be
made by a Nominating Committee. Nominations may also be made from the floor at the imnual
meeting. The Nominating Committee :ahietl consist of a Ghainnitn, who shall be a Member of the
Board of Directors, and two or more Members of the A-sSoci,dion. The Nominating Committee
shill be appointed by the Board of Directors prior to each annual meeting of the Me'mbers, to
serve from the close of such annual meeting until the close of the next annual meeting attd such
appointment shall be announced at each annual meeting_ The Nominating Committee shall make
as many nominations for election to the Board of Directors its it shall in its discretion deteirnine,
but not less than the number of vacancies chat are to be filled. Such nominations may be made
from among Members or non - Members.
Section 2. Election to the board of Directors shall be by secret written ballot at the
annual meeting. At such election, the; Member:; or their proxies may cast, in respect to each
vacancy, as many votes as they are entitled to exercise under the provisions of the Declarations.
The persons receiving the largest number of votes shall be elected_ Cumulative voting. is not
pet mitted.
ARTICLE VI
MI "'E 'INCiS OF DIRECTORS
Section 1. Regular Meeting Itegulzir meetings of the Board of Directors shall be
held at such tune,• and place and %ith such frequency its thy: Board from time to tune deems
necessary.
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Section 2. • ial M eeting s. Special meetuigs of the Board of Directors .hall be
held when called by the president of the Association, or by any two directors, after no lc!ss than
three (3) days notice to each director.
Section 3. Ouor . A majority of the number of directors shall constitute a quorum
for the transaction of business. Every act or decision done or oracle 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.
ARTICLE VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. Powers The Board of Directors shall have power to:
a. adopt and publish rules and regulations governing the use of the Cc >lnmon
Areas acid facilities located thereupon, and the person;d conduct of the Members or their
guests thereon, and to establish penalties for the infraction thereof;
b. suspend the voting rights and right to u,e of the Association's facilities of
a Member during Fury period in which such Member shall be delinquent in the payment of
any assessment levied by the Association, Such fil e ts may also be suspended after
notice and hearing, for a period not to exceed 60 days for infraction of published rules
and regulations;
C. exercise for the Association all powers, duties and authority vested in or
delegated to the Association and not reserved to the Membership by other provisions of
these Bylaws, the Articles of Incorporation, or the Declarations;
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 or the
Board of Directors; and employ a manager, an independent contractor, or such other
employees as the Floant of Directors deems 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' k, the Members at the annual meeting of the Members, or
at any special meeting when such statement is requested in writing by one -third (1 3) of
the Members who are entitled to voce;
b. supervise all officers, agents and errnplk);yees of the Association, and to see
that their duties are properly performed;
as more fully provided in the Declarations. to:
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(1) fix the amount of the annual a sessment against each Towrihome
Lot as set forth in the Declarations;
(2) send written notice of each assessment to every Owner sabject
thereto as set forth in the: Declarations; and
(3) foreclose the lien against any property for which assessments are
not paid or to bring an action art law aba kst 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 for the issuance of these certificates If a
certificate states an assessment lu.ts been paid., such certificate shall be conclusive
evidence: of such payment;
e. procure and n►aimain adequate liability mid hazard insurance on property
owned by the Association and, at the option of the Board of Directors, dirmic and
officers liability in :wrance;
f. cause all officers or employees having; fiscal responsibilities to be bonded,
as it may deem appropriate;
g. cau,3e the Common Areas u► be maintained; and
h, perform the other duties of the Association set forth in the Declarations,
ARTICLE VIII
OFFICERS AND THEIR DUTIES
Section 1. Enu meration o f 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 tirr(e by
resolution create:.
Section 2. Ele ction o1' O ic ers. The election of officers shall rake place at the first
met. -ting of the Board of Directors following each ann ual rneering, of the Members.
Section 3. jgM. The officers of the Association shall be elected annually by the
Board and each shall hold olike for one (1) year unless he shall sooner resign, or slepll be
removed, or otherwise be disqualified to serve.
Section 4. Sne AppeiiIivagnt.-i. The I3oard may elect such other officers as the
affairs of the Association may require, aach of whom shall hold office for such period, have such
authority, and perform such duties as the Board may, from time to time, determine.
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Section S. ReS ution and Rem Any officer may be removed from office with
or without cause by the Board. Any officer may resign at , uiy time by giving written notice to
the Board, the president or the secretary. Such resignation shill take effect on the date- of ieceipt
of' such notice or at any later time specified therein, and unloss otherwise specified therein, the
acceptance of such resignation shall not be necesws y to make it etTective.
Section 6. Va cancie j. A vacwicy in any office may be filled by appointmem. by the
Board. The officer appointed to such vacancy shall serve f6r the remainder of the term of the
officer he replaces.
Section 7. Multivl Offices. ]lie offices of secretary and treasurer or president and
tre;tsurer 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 o spe cial offices cr eated pursuant to Section 4 of this
Anicle.
Section 8. Dugs. 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 r esolutions of the Board are carried out; shall sign all leases,
mortgages, deeds and othrr written instruments and shall co -sign all check z and
promissory notes.
Vice - President
1 +. 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.
5�- cretary
C. The secretary shall record the votes unit keep the minutes of all meatings
and proceedings of the Board and of the Member..; keep the corporate ;cal of the
Association and affix it on all papers requiring said sisal; serve notice of meeting_: 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 mety be
required by the Board,
Treasurer
d. The treasurer shall receive and deposii in appropriate bank accounts all
monies of the Association and shall disburse such funds as directed by resolution of the
&)ard of Directors; shall sign ;ill Checks and promissory notes of the Association; keep
proper books of account; if requested by the Board, shall cause an auclit 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 presented to the Membership at its regular annual ineetinb.
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ARTICLE IX
COMMITTEES
The Association shall appoint a Nominating Committee as provided in these Bylaws.
The Association shall appoint an Arehitectural Control Committee as provided in the
Declaration. The Board of Directors may appoint other committees as it deems appropriate in
carrying out its purposes.
ARTICLE X
BOOKS AND RECORDS
The books, records and papers of the Association shall at all times, during rea Tunable
bu.::iness hours, be subject to inspection try any Member. The Declarations, the Articles of
Incorporation and the Bylaws of the Association shall be available for inspection by any Member
at the principal office of the Association, where copies may bey purchased at reasonable cost.
ARTICLE XI
ASSESSMENTS
As more Tilly provided in the Declarations, each Member is obligated to pay to the
As: ;ociation annual assessments and special assessment;; 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. lithe a: ;sessment is not paid within thirty (30) days after the due
date, the assessment shall bear interest front the due date at the rate of 10% per annum from the
dues date. The Association may bring an action at law against the Owner personally obligated to
pity the same or foreclose the lion against die property. lntc:rest as provided above, late charges,
if applicable, costs, and reasonable attorney's fires of any such action shall be added to the
amount of such assessment. No Owner may waive or r,therwise escape liability 156r the
assessments provided for in the Declarations by nonuse of the Common Area or abandonment of
his Townhome Lot.
ARTICLE 3{II
COM SEAL
The Association shall have a seal in circular form having within its circumference the
words: Canyon Creek Owners Association, hzc.
AIMCLE XIII
AM LN DMEN
section 1. These Bylaws may be amended at any time by the majority vote of the
Members present at a regular or special meeting of the Members.
Section 2. In the case of any conflict hatween the Articles of Incorporation and these
Bylaws, the Articles shall control; and in the case of any t:ottflict between the Declaration and
these .Bylaws, the Declaration shall control.
to
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ARTICLE XIV
MISCELLANEOUS
The fiscal year of the Association shall begin on the first day of January and end on the
31 it day of December of every year, excE-pt that the first fiscal year shall begin on the elate of
incorporation.
IN WITNESS WKREOF, wt, behig all of the db eetors of the Association have
hemunto set our hands effective as ofthe __ _ day of December, 2001,
Tod3 P. Sullivan
John Sullivan
William Sullivan
HOUSTON 1 \53795611
111 2012001 - 9OM -1
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DECLARA OF COVENANTS,
CONDITIONS AND RESTRICTIIONS OF
T1E1[lE'I OF CANYON CREEK
This Declaration made on the date hereinafter set for On by Canyon Creek Partners, Ltd., a
Te:cas limited partnership, and being; herein called "Declarant."
WI1NESSETH:
WHEREAS, it is the desire cif Declarant to plate certain restrictions, covenants,
conditions, stipulations and reso rvations upo and against p owned by Declar known
as T.C.C. Subdivision, a subdivision in 11razos County, Texas, according to the map or plat
thereof recorded in _ _ _ of the map or plat records of Brazos Comity, 'fexas,
(the "Property" as hereafter defined), also known as the Townhomes of Canyon Creek, in order
to establish a uniform pl4n for the development, improveme at and sale of the Property, itnd to
insure the preservation of such uniform plan for the benefit of both the present :and future
Owners of the Townhome; Lots (as such terms are hereafter de lined) in the Property,
NOW, THEREFORE, Declarant hereby adopts, establishes and imposes upon the
Property, and declares the following re- servations, caserr►ents, restrictions, covenants and
conditions applicable thereto, all of which are for the purpose of enhancing and protecting the
value, desirability and attractiveness X f the Property, and for the welfare and beauiit of the
Owners of the Townherne Lots in the Property, which rrservations, easements, wvenants,
restrictions and conditions shall run with the land and shall he binding upon all parties having or
acquiring; any right, title or interest therein, or any part thereof, and shall inure to the bent:fit of
each Owner thereof for the welfare wid protection of property values.
fARTIC'1.F i
Dl ;TINITIONS
Wherever used in this Declaration, the following words and /or phrases shall have the
following meanings, unless the context clearly requires otherwise:
1.1 "Architectural Control Committee" shall mean and refer to the Canyon Creek
Architectural Control Committee provided for in Article IV hereof.
1.2 " Association" shLtll mean aad refer to the Canyon Creek Owners Association,
Inc,, its successors and assigns, as provided for in Article V hereof.
1.3 "Building" shall mean and ref to each group of Townhomes connect(A to each
other.
1.4 "Common Area" shall mean and refer to all those areas of land within the
Properties as shown on the Subdivision Plat, except the `fownhome Lots, together with such
other property its the Association may, at any time or from tirne to time, acquire by purchase or
otherwise, subject, however, to the ett.ernents, limitations, restrictions, dedications and
res�!rvations applicable thereto by virtue hereof and/or by virtue; of the Subdivision Plat, and /or
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by virtue of prior grants or dedications by Declarant or Declarant's predecessors ire title.
References herein to "the Common Area" shall mean and refer to Common Area as defined
respectively in the Declaration and all Supplemental Declarations referred to liereinafter.
Common Area also includes without limitation, (i) any pipeline: easements, drainage easements,
utility easements not within platted Tovnihome Lots, kwdscape reserves and recreational
reserves, (ii) all areas subject to private drainage easements, as shown on the Subdivision Plat,
(iii) all an w& - to paivate; access csasemenes as shown on the Subdivision Plat, anti (i - v,) all of
Lots 5, 6, 20, 46 and 76 as shown on the Subdivision Plat.
1.5 "Conunon Facilities" shall mean and refer to all existing and subsequently
provided improvements upon or within the Common Area, except those as may be expressly
exc=luded herein_ Also, in some instances, Common Facilities ,nay consist of improvements for
the use and benefit of the Owners in the Subdivision, con.-atucted on portions of one or more
Townhome lots or on acreages awned by Declarant (or Dechumt and others) which has not been
brought within the scheme of this Declaralion. By way of illustration, Common Facilities may
include, but not necessarily be limited it).. the following; structures for recreation, storage or
protection of equipment; fountains; statuary; sidewalks; gates; common driveways; landscaping;
and other similar and appurtenant improvements. References herein to "the Common Facilities"
or any "Common Facility" shall mean and refer to Common Vacilities as defined respectively in
the Declaration and all Supplemental Declarations.
1.6 " Declarant" shrill mean and refer to Canyon Creek Partners, Ltd., a Texas limited
partnership, and any successors and assign which (i) acquire more than one undeveloped
Townhome Lot from the Declarant :for the purpose of development and (ii) are designated as a
Declarant by an insrument in writing executed by Declarant or a successor Declarant and filed
of record in the Official Public Record:, of Real Property of E3razos County, Texas.
1.7 "Owner" shall mean and refer to the record owner, whether one or snore persons
or entities, of fe,e simple title to any Townl►onne Lot which is a part of the Properties, including
contract sellers, but excluding those having, such interest merely as security for the performance
or an obligation and those having any interest in the mineral estate. The term "Om met" shall
include any mortgagee or lien holder who acquires Foe simple title to any Townhoine Lot
through judicial or non-j udicial force losure:.
1.8 "Property" and /or "Properties" shall mean and refer to T.C.C. Subdivision, more
fully shown on the plat thereof' recorded in __ of the map records of Bra2os
County, Texas, and any additional properties tnude subject _ o the terms hereof pursuant co the
annexation provisions set forth herein or made suhiect to the Association.
1.9 "Subdivision Plat" shall mean and refer to the map or plat of T.C.C. Subdivision,
recorded in ofthe map or plat re:cord3 ofBra2os County, Texas.
1.10 "Townhorne" shall meat and refer to a single: family residence constnectcd on a
Townhome Lot joined together with one or more single family residences by a common A all or
walls and/or roof and/or foemdation.
Dec -20 -01 03:34pm From- WINSTEAD SECHREST AND MINICK
T -605 P.17/41 F -470
1.11 "Townhome Lot" and /or "Townhome Lots" shall mean and refer to the lot; shown
upon the recorded Subdivision Platt as I -ots 1 -4, inclusive, Lots 7 -19, inclusive, Lots 21 -45,
inclusive, and Lots 46-75, inclusive, which are restricted hereby to u.Se for residential purlx9ses.
RESERVATIONS, EXCEPTIONS AND D I ICATIONS
2.1 The Subdivision Plat dedicates for use as such, subject to the limitations set forth
therein, the stroets and easements shown thereon, and such Subdivision Plat fttTiher establishes
certain restrictions applicable to the Properties, including, w ithout limitation, certain mirdmum
setback lines. All dedications, limitations, restrictions and reservations shown on the
Subdivision Plitt are incorporated herein and made a part hereof, as if fully set forth herein, and
shall be constmed as being adopted in each and every contract, deed or conveyance executed or
to be executed by or on behalf oMecittram, conveying said property or any part thereof, whether
spvcifically referred to in such contract, decd or conveyance,
2.2 Declarant reserves the easements and right-of.-ways as shown on the SoNlivision
Plat for the purpose of constructing;, maintaining and repairing a system or systems of electric
lighting, electric power, telegraph wid telephone line or lines, gas, sewers, water, cable or any
other utility Declarant sees fit to install in, across and/or under the Properties.
23 Neither Declarant nor any utility company using; the easements or rights -of- -way
as shown on the Subdivision Plat, or that may otherwise be granted or conveyed eoveiiug the
Properties, or any portion thereof, shall be liable for any damages done by them, or their srssigns,
agents, employees or servants, to fences, shrubbery, trees or flowers or other property of the
Owner situated on the land covered by any -.uch easements or rights -of -way, unless negligent.
2.4 It is expressly agreed and understood that the title: to any Townhome Lot or parcel
of land within the Properties conveyed by lle,- clarant by conur tct, deed or other conveyancx: shall
be subject to an easement for roadways or drainage, water, gas, sewer, storm sewer, electric
light, electric power, telegraph, telephone or cable purposes and no deed or other conveyance of
the Townhome Lot shall convey any interest in any pipes, lines, poles or conduits, or in any
utility facility or appurtenances thereto constructed by or under Declarant or any ess,nnent
owner, or their agents, through, gtlong or upon the premises altected thereby, or any part thereof,
to serve said Property or other lands apptu-tenant thereto. "flte right to maintain, repair, R.ell or
lease such appurtenances to any munxcipaliry or other governmental agency or to an public
service corporation or to any other party, is hereby expressly rescrved to Declarant.
A RTICLE III
USE RESTRICTIONS
3.1 La >I)'se and 13u ildin & . Y'y1ttt.r. All Townhorne Lots shall be known and described
as Townhome Lots for single family residential purposes only, snd no structure shall be greeted,
altered, placed or permitted to remain on any Residential Townhome Lot other than one
Townhome not to exceed _ __ __ t__) stores in height. As used hertein, the
term "single family residential purposes" shall be construed to prohibit the use of said
Dec -20 -01 03:34pm From- WINSTEAD SECHREST AND MINICK
T -605 P.16 /41 F -470
Townhome Lots for mobile homes., garagee, apartments or ;apartment houses; and no Townhome
Lot shall be used for business or professional purposes of any kind, not for any commercial or
matnufacturutg purposes; provided, however, that Declarant and its designated assignees may use
one or more Towmtltome Lots, or the 1ownhomes situitted thereon as sales offices and/or
furnished moolv1s, and an Owner may use his Townhome for his own private professional use as
long as such use does not superede the primary use of the'lownhome as a residence.
The following specific restrietions :.ind requirements shall apply to all Townhome lots in
the- Property.
(a) Ou tbuildi ng: No lawn storage building; and/or children's playhouse and/or
other structure other than a Townhome shall be placed or maintained on a Townhome
Lot.
(b) Ga rages . No garage shall ever he changed, altered or otherwise converted
for any purpose inconsistent with the housutg of automobiles at all times. All Owners,
their families, tenants and contract purchasers shall, to the greatest extent practicable,
utilize such garages for the garaging, of'vehicles belonging to them.
(c) Decks. Decks may not encroach into any utility easement unless the utility
companies involved have granted their written consent to such encroachment. The
location of the deck should not pose a problem to the effective drainage of the
Townhome Lot or neihhbodng Townhome Lot and cannot be higher than 18" above
natural ground. The paint color ofthe deck should blend with or match the house.
(d) pat Co vers: Paiio covers attached to the Townhome should be
integrated into the existing roof line (flush with euvcs). if the cover is to bo shingled,
shingles must match the roof' of the house. The entire cover and posts should be trimmed,
mid the paint color shoWd blend with or match the color of the house. Wooden ar metal
columns supports must be painted to match the houst.. No pipe supports are allowed.
The cover must not be visible from the street in t'ront of the Townhome Lot.
(e) Ex terior Walls: No residences shall have less than fifty -one (51) percent
Wick, or equivalent masonry construction, on its exterior wall area. Detached garages
may have wood siding of a type: and design approved by the Architectural Control
Committee or its designatcd representative.
(f) Ro Ma Unless otherwise approved in accordance with the last
sentenw of this subsection (a) die roof of all buildings on the Property shall be
constructed or covered with asphalt composition shingles or fiberglass reimposition
shingles with a minimum manufacturer guarantee of twenty five (25) years. 'I7me color of
any composition shingles shall be of wood tone, earthtone or in harmony with ean.htone
and shall be subject to written approval by the Architectural Control Committee prior to
installation. Any other iypt. rooting material may bC used only if approved in writing
prior to installation by the Architectural Control Committee.
(g) Air Conditio No window or wall type air conditioners shall be
pormittod to by used, created, placed, or nwaintaieed on or in any building or on any
4
Dec -20 -01 08:86pm From- WINSTEAD SECHREST AND NINICK
T -606 P.19/41 F -470
Townhome Lot, except in temporary buildings wid then only if approved in writing by
the Architectural Control Committee prior to installation or placement. All air
conditioner compressors on corner Townhome Lots must be screened from view from all
streets by wooden fencing approved by the Architecture Control Committee. All air
conditioner compressor,; on non -comer Townhome Lots must be screened from view
from all streets and adjoining Townhome 'Lots by landscaping approved by the
Architecture Control Committee.
3.2 M inimum Squar Fuoutge Within Each Townhome con: ;tructed
on a Townhome Lot shall contain a minimum of
square feet of livable area, exclusive ol'open porches and garages.
3.3 1 g . 77te Bras:., ;shrubs and trees on a Townhome Lot shall be of a type
anti within standards approved by the Architectural Control Committee. The Owner or builder
of each Townhome Lot, as a minimum, prior to completion of the construction of a Townhome
sbEill (1) solid sod with grass in the area between his Townhome and such Owner's property line
(other than areas planted with other landscaping, parking or driveway improvements). The grass,
plants, shrubs and trees shall be of a type and within standauds approved by the Architectural
Control Committee's landscape requirements. These landscape requirements may be revised by
the Architectural Control Comrraittee form time to tune.
3.4 Location of the cgveni,;! Utr on the Townh Lot No building L ;hall be
located on any Townhome Lot nearer to t]te front line or ncium to the street side line than the
minimum building setback line shown on the recorded Subdivision plat; however, in no in3tance
shill a building be located nearer to the tcont property lint: than (_) ieei unless
approved in writing by the Architectural Control Committee, Each Townhome shall be located
no less than ___ __ (___) feet groan the rear property lute_ Unless otherwise approved in
writing by the Architectural Control Committee, each tnain residential building shall f aoe the
front of the Townhome Lot. For the purpose hereof, the terra "front Townhome Lot ling" shall
mean the property line of a Townhome I.t ►t that is adjacent and contiguous to a street, road or
private access easement shown on the Subdivision flat, or if two or more property lines are
adjacent to a street, road or private access easement. the "froia Townhome Lot line" snap be the
property line adjacent to a street, road or private access easement that has the shortest dimension,
atut the term "street side Townhome Lot line" shall mean and refer to all property lines of any
Townhome tots that are adjacent to a meet, road or private access easement except t}te front
Townhone Lot line, and the "interior side Townhome Lot line" shall mean and refer to all
property lines other than the front Townhome Lot line and the street side Townhome Lot line.
For the purposes of this covenant, eaves, !;ceps, and unroofed terraces shall not be considered as
pant of a building provided, however, this shall not be conscnied to permit any portion of the
construction on a Townhome Lot to encroach upon another rownhotne Lot. Unless otherwise
approved in writing by the Architectural Control Committee, each main residential building shall
face the front building line.
3.5 prohibitio gj 1' Dsjve &tivities. No activity, whether for profit or not, shall be
eairied on any Townhome Lot which is not related to singic family residential purposes. No
noxious or offensive activity of any sort shall be permitted aor shall anything be done on any
Townhome Lai which is or may become art annoyance or a nuisance 10 the neighborhood. This
Dec -20 -01 03:35pm From- WINSTEAD SECHREST AND MINICK
T -605 P.20/41 F -470
restriction is not applicable in regard to the normal sales activities required to sell new homes in
the: subdivision and the lighting effects utilized to display the model homes.
3.6 Use of T em or Ey Szg0ares. No structure of temporary character, whether
trailer, basement, tent, shack, garage, barn or other outbuilding shall be maintained or aced on
w y 'rownhome Lot at any time as a residence, or for any other purpose; provided, how
Declarant reserves the right to gram the exclusive right io erect, place and maintain such
facilities in or upon any portions of the Townhome Lots as in its sole discretion may be
nex:essary or convenient while selling Townhome Lots, selling or constructing residences and
constructing other improvements upon the Properties. Suoh facilities may include. bat not
rim-essarily be limited to, sales and construction officcs, storage areas, model units, silpts and
ptniable toilet facilities. Garages, if used during the development phase or new home
construction as a sales office, are permissible provided it is converted to a regular garage capable
of housing a minimum of two (2) autornobi les prior to conveyance for occupancy by an Owner.
3.7 Pl gyhouses, Poo ls, or c(M AMenity - Structures. No above grotutd pools,
playhouses or fort style structures are permitted at all on any 'Cownhome Lots. The intent of this
provision is to offer optimum private enjoyment of adjacent properties. Additionally,
playground equipment of any type or amenity struentres of any type are permitted only when the
specific Townhome Lot involved is completely enclosed by fences in accordance with
paragraph 3.11.
3.8 ,tor gL of Autos rO lies Bc�g}� �r ailesrs a nd Q h Vehicles No vehicle Mth or
without motor may be parked or stored on any part of tmy 7 ownhome Lot, easement, right -of-
way, or Common Area unless such vehicle is concealed ftorn public view inside a garage
provided the doors may be closed and secured or other approved enclosure, except passenger
automobiles, passenger vans or pick -up trucks that: (1) arc in operating condition; (21 have
eu)rent license plates and inspection stickers; (3) are in daily use as motor vehicles on the streets
and highways of the State of'Cexas; acid (4) which do not exceed six feet six inches in height, or
seven feet six inches in width or twenty -one feet in length, and may be parked in the driveway on
such Townhome Lot. No non- inotorired vehicle, trailer_ boar, marine craft, hovercratf, aircraft,
machinery or equipment of any ]cind may be parked or stored, on any pan of any Townhoine Lot,
easement, right -of -way, or Common Arct► uailess such objrct is concealed from public view
inside a garage provided the doors may be closed and secured or other approved enclosure. No
repair work, dismantling or assembling; of motor vehicles or other machinery or equipment. shall
be done or permitted on any street, driveway or any portion of the Properties. No motor bikes,
motorcycles, motor scooters, "go- carts" or other similar vehicles shall be permitted to be
operated in the Properties, if, in the sole judIgnent of The Board of Directors of the Association,
such operation, by reason of noist: or fumes emitted, or by reason of manner of use;, shall
constitute a nuisance or jeopardize the safety of the Owner, his tenants, and their families The
Board of the Association may adopt rules fbr the regulation of the admission and parking of
vehicles within the Common Areas, irn;luding the asses.,nent of charges to Owners who violate,
or whose invitees violate, such rules. ff a compla is re c eivod about a violation of any part of
tlti.s section, the Architectural Control Committee will be the F sal authority on the matter. This
restriction shall not apply to any vehicle, machinery, or ,maintenance equipment te- mlioratily
pocked and in use for the consnuction, repair or maintmunce of subdivision facilities or of a
ho se or houses in the immediate vicinity.
R
Dec -20 -01 03:35pm From - WINSTEAD SECHREST AND t11NICK
T -605 P.21/41 F -470
3.9 :M ineral O �ratictns. No de-rriek or other structures designed for the use in boring
for oil or natural gas or their miteerials shall be erectael, maintained, or permitted ux►on any
Townhome Lot, nor shall any tanks be permitted upon any Townhome Lot.
3.10 Animal Husbandry. No animals, snakes, livesiock or poultry of any kind shall be
raised, bred or kept on any Townhome Lot except dog cats or other common household pets
may be kept provided they are not kept, bred or maintained for commercial purposes. No more
than two common household pets will be permitted on each Townhome Lot. if common
household pets are kept, such pens must be restrained and confined on the Owner's back
Townhome Lot. It is the pt -t owner's responsibility to keep their Townhome Lot, other
Townhome Lots, the Common Area and other portions of'the Property clean and free of their
pet's debris. Pets must be on a bash when away from the Townhome Lot,
3.11 Wa11, Fences, and He No hedge in excess of three (3) feet in height, wall or
fence shall be erected or maintained on any Townhome Lot unh;ss approved by the Architectural
Control Committee. No chain link fence type construction will be permitted on any Towrhome
Lot. All fences and walls shall be of cedar construction or better,
3.12 Maintenance Obl izations. The Owners or occupants of all Townhome Lot shall
at tell times keep all weeds and grass therecaf cut in a sanitary, healthful and attractive manner and
shall in no event use any Townhome Len for storage of materials and equipment except for
normal residential requirements or incident to construction of improvements thereon as herein
permitted, which materials and equipment shall be stored sea as not to be visible from any street.
Each Owner shall keep the lawn on such Owner's 'fownhome Lot fertilized, watered, xkeede and
otherwise in a living, attractivt- condition and appearance. Each Owner shall edge the grass
adjacent to all sidewalks, driveways arid streets on or adjacent to such Owner's Townhome Lot
and shall keep all landscaping, shrubs and trecs on such Owner's Townhome Lot on a neat,
living, well maintained condition. The drying of clothes in public view is prohibited. The
Owner or occupants of any Townhome Lot shall construct and maintain a fenced enclosure to
screen drying clothes from public view. Similarly, all yard equipment (including water hoses),
wood piles, or storage piles shall be kept screened by a fenced service yard or other similar
facilities so as to conceal them from -hew of neighboring Townhome Lots, any street or other
property. No Townhome Lot shall be used or maintained as a dumping ground for trash, rior will
the accumulation of garbage, mash or rubbish of any kind thereon be permitted. Bunning of
rrash, garbage, leaves, grass or anything else will not be permitted. Trash, garbage or other
wa rte materials shall be kept in sanitary containers coastructe:d of metal, plastic or masonry
materials with sanitary covers or lids or as rNuired by arty applicable rnunieipw ordirtance.
Ecpripment for the storage or disposal of such waste materials used in the eonstrueti,_)n of
improvements erected upon any Townhome Lot tnay be placed upon such Townhome Lot at the
time construction is commenced and may be maintained therec-n for a reasonable time, so tong as
the construction progresses without undue delay, until the completion of the improvements. after
which these materials sheen either be removed from the 7'uvtnhome Lot or stored in a suitable
enclosure on the Townhome Lot. In tha event of default on the part of the Owner or occupant of
any Townhome Lot in observing: any of'the above requirements, such default continuing after ten
(10) days' written notice thereof, being placed in the U S. mail without the requirement of
certification, Declarant or its assigns may, without liability to the Owner or occupant, enter upon
sai.I Townhome Lot and cause to he cut such weeds and grass, and remove or earn: to be
7
Dec -20 -01 03:36pm From- WINSTEAD SECHREST AND IAINICK
T -605 P.22/41 F -470
removed such garbage, trash and nebbish, or do any other thing necessary to secure compliance
with these restrictions so as to place said 'rownhome Lot in a neat, attractive, healthf d, and
stueitary condition, and may reasonably charge the Owner or occupant of such Townhone Lot
for the cost of the work. Said charges shall become an assessment against the Townhoinc Lot as
provided in Article V11. Minimum standards for lawns %rill be deemed violated if for any
Townhome Lot the grass exceeds the height of six (6) inches or if the Directors or their agent
determine The presence of excess weeds not consistent with the standard of sttn'oetnding
properties. further, Declarant or its assignee reserves the right to contract or arrange for regular
giu•bage pick up service for the 'rownhoroe Lot Owners. The Owner or occupant, as the case
may be, by the purchase or occupancy of a Townhome Lot, agrees to pay for such work or
service immediately upon receipt of a simement, and the amount thereof may be added to the
annual maintenance charge assessed again -a such Townhomc: Lot and become a charge thereon
in the same manner as the regular annual maintenance charge provided for herein. Trash cans
anti/or bags may not be stored or placed in an ama visible from a street except on days trash is
scheduled to be removed.
3.13 ! &says Advertise is, Billboards. No signs, billboards, posters or advertising
devices of any character shall bc: erected on any Townhome Lot except one sign of not more than
five (5) square feet, advertising the property for sale or rant or signs used by a budder to
advertise the property for sale during the COnstruetion and sales period. Declarant shall bave the
right to remove any nonconforming sign, ;advenjw -ment or billboard or structure which is placed
on a Townhome Lot and in so doing shall not be subject to any liability or damages far trespass,
tort or otherwise in connection thertmith arising from such removal. The right is reserved for
builders, provided consent is obtained from the Declarant, which will not unreasomtHy be
withheld, to construct and muiretain signs, billboards, or advertising devices for the purpose of
advertising for sale dwellings constructed by the builders and not previously sold by such
builder.
3.14 An tennas . No electronic antenna or device of any type other than an antenna for
receiving normal television signals and/or F.M. signals shall be erected, constructed, placed or
permitted to remain on any Townhome l.or, or house, or garage, or building constructed on any
Townhome Lot. Television antennas may be located inside of the attic so as to he completely
concealed from public view. Additionally, no antenna, radio, T.V. tower, or antenna of any type
or style shall be erected on any Townhome Lot either as an artaehed or a free - standing; structure
or be erected and supported by any type oi" guy wires. Notwithstanding the above, each Owner
may install one satellite dish in the Owni. :r's backyard so long as said satellite dish dour not
extend more than six (6) feet above the ground, is not visible, from the street in front of the
Owner's lot, and is screened by an approved six (6) foot fence.
3.15 Noise. Except in an emergency or when unusual cireumstnne:es er,,i:;t (as
determined by the Board of Directors), outside construction work or noisy interior constnrction
work shall be permitted only after 7:00 a.m. and before 9:00 p.m. Each Owner shall cause any
pet owned by such Owner not to bark or make an unreasonable amount of noise prior u• 7:00
amt. or after 9:00 p.m. and shall cause such pet not to m;ak,. excessively loud noises between
7:00 a.m. and 9:00 p.m. which would cause a nuisimce to any other Owner.
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T -605 P.32/41 F -470
mt- ,nbers or of proxies entitled to cast sixty (60) percent of all the votes of each chess of
membership shall constitute a quon►m. 11' the required quanun is not present, another rn4•eting
mety be called .subject to the same nodee requirenient, and the required quorum at the subsequent
meeting shall be one -half (' /:) of the required quotwn at the preceding meeting. No such
subsequent meeting shall be held more than sixty (60) days fidlowing the preceding meeting. if
the vote of the members is conducted by mail or door to door canvas, the approval of two- thirds
(20) of the total membership of each class is required.
7.6 ffl ct of Nonpayment of Assessment. Any assessment, annual or spee:ial, or
other charges assessed in accordance with Sections 3,12 and , }.1 not paid within thirty -one (3 1)
days after due date shall bear interest from the clue date at a rate of ten (10) percent per amain on
the unpaid balance. The Assocliation may brine; action at law against the Owner personally
obligated to pay the same, or foreclose the lien herein retained against the Townhonte Lot.
]merest, costs and reasonable attorney's tents incurred in any such action shall be added to the
amount of such assessment or charge, lit order to secure the payment of the assessmdrtts or
charges hereby levied, a vendor'~ lien for the benefit of the Association shall be and is hereby
reserved in the deed from the Declarant to the purchaser of each Townhome Lot or portion
thereof, which lien shall be enforceable through tLppropTiate judicial and non-judicial
proceedings by the Association. As additional security fur the payment of the assessments
hereby levied, each Owner of a'fownhome: Lot in the subdivkion, by such party's aceeptttrtce of
a deed thereto, hereby grants the Association a lien on such Townhome Lot which may be
1 :closed on by non ,judicial lbreclosure and pursuant to the provisions of Section 51.002 of the
resas Property Code (and any successor statute); and ewh such Owner hereby expressly pants
the Association a power of sale: in connection therewith. The Association shall, whenever it
proceeds with non judicial foreclosure pw suarit to the provisions of said Section 51.002 of the
Texas Property Code and said power of sale, designate in writing a Trustee to post or cause to be
posted all required notices of such fore-closure sale and to conduct such foreclosuty sale:. The
Trustee may be changed at any time and from time to time t)y the Association by meatis of a
written instrument executed by the President or any Vice President of the Association and tiled
for record in the Real Property Records of Brazos County, Texas. In the event that the
Association has determined to non judicially foreclose die lien provided herein pursuant to the
provisions of said Section 51.002 of the Texas Property Code and to exercise the power of sale
hereby granted, the Association shall mail to the defaulting. Owner a copy of the Notice of
Trustee's Sale not less than twenty -one ( 21) days prior to Elie dater on which said sale is . .3che-iuled
by existing such notice; through the U. S. Postal Service, Postage prepaid, registered or certified,
return receipt requested, properly addressed to such Owner at the last known address of such
Owner according to the records of the Association. If required by law, the Association or
Trustee shall also cause a copy of thc: Notice of Trustee's Bale to be recorded in the Real Property
Records of Brazos County, Texas. ()ut of the proceeds of sue. sale, there shall first be paid all
expenses incurred by the Association in connection with sash default, including reasonable
attorney's fees and a reasonable trustee's fee; second, from such proceeds there shall he ptud to
thr Association art amount equal to the amount in default:, wid, tlurd, the remaining balance shall
be paid to such Owner or as otherwise required by law. Fallowing any such foreclosuree, each
occupant of any such Townhome Lot foreclosed on and each occupant of any improve.inents
ihemon shall be deemed to be a tenant at sufferance acid trtay be removed from possession by any
and all lawful nieans, including a judgment fbr possession In an action of forcible detainer and
the, issuance of a writ of restitution ttieriuin uu r.
is
Dec -20 -01 03:41pm From- WINSTEAD SECNREST AND MINICK
T -605 P.33/41 F -470
In addition to foreclosing the lien hereby retained, in the event of nonpayment by any
Owner of such Owner's portion of atay assessment, the Association may, acting throlLgh the
Board of Directors, upon ten (10) days' prior written notice thereof to such nonpaying Owner, in
addition to all other rights and remedies available at law or otherwise, restrict the right of'such
nonpaying Owner to use the Common Are4,, if any, in such tnarrner as the Association deems fit
or appropriate and /or suspend the voting rights of such nonpaying Owner so long as such default
exi!as.
It is the intent of the provisions of this Section 7.6 to comply with the provisions of said
Section 51.002 of the Texas Property Code relating to non - judicial sales by powex of sale and, in
the event of the amendment of said Section S 11*2 of the 'f exas Property Code hereafter, the
procedures set forth herein will be, autornatiCally modified so as to comply with said amenibr ents
to Section 51.002 of the Texas Property Code.
No Owner may waive or otherwise escape liability for the assessments provided for
hen. -in by non -use of the Common Area or abandonment of his Townhome Lot. In addition to
the above rights, the Association shall have the right to Mize to provide the setviees of the
Association to any Owner who is delinquent in the payment of the above - described asst:ssrnents.
7.7 s ubordination of ,Li ui - 1c. , Ma Ai hereinabove provided, the title to
each Townhome Lot shall be subject to a vendor's lien and power of sale and non judicial
foreclosure securing the payment of all assessments and chwge:s due the Association, but said
vendor's lien and power (if sale and non Judicial foreclosure shall be subordinate to any valid
pur,.hase money lien or mortgage covering a "Cownhome l -ot and any valid lien securing the cost
of construction of home improvements. Sale or transfer of wry Townhome Lot shall not :affect
said vendor's lien or power of sale and non- Iudiciatl foreclosure:. however, the sale or transfer of
any Townhome Lot which is subject to any valid purchase money lien or mortgage pursuant to a
judicial or non judicial foreclosure under such lien or mortgage shall extinguish the vendor's lien
and power of sale and non judicial foreclosure securing such assessment or charge only as to
payments which became due prior to such sale or transfer. No sale or transfer shall relieve such
Cownhome Lot or the Owner thereof front liability for any charges or assessments thero,after
becoming due or from the lien thereof. In addition to the automatic subordination provided
ltereinabove, the Association, in the discretion of the Board of Directors, may subordinate the
lien securing any assessment provideA for herein to any otitcr mortgage, lien or encumbrance,
suhiect to such limitations, if any, as such Board may determine.
7.8 F uture Sections Thu- Association shall use tltc proceeds of the assessments for
the use and benefit of all residents of tho Property, provided, however, that any additional
property made a part of the Property by annexation under Section 12.7 of this Declaration, to be
en6 le',d to the benefit of this maintenance fund, must be intpmssed with and subjected to the
annual maintenwice charge and assessment on a uniform per Townhome Lot basis equivalent to
the maintenance charge and assessmem imposed hereby, and further, made subject to the
jurisdiction of the Association.
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AIMCLE" VIII
PARTY WALLS
8.1 Gener Rules of Law. tu Alnr�. Bach wall wb ich is built as a part of the original
construction of the Townhomes upon the Property and placed on the dividing line between the
Townhome lots shall constitute a pwty wall, and, to the extent not inconsistent with the
provisions of the Article, the general rules of law regarding lxirty walls and liability for property
damage due to negligence or willful acts or omissions shall :apply thereto. Party walls as part of
" rownhome construction shall in all c=es moat the applicable requirements of the City of College
Station building code and other applicable ordinances, Me or regulations of the city or any of
its departnnents. If a wall which is intended as a party wall is through construction error situated
wholly an one Townhome Lot insttmd (of can the dividing line between Townhome Lot. ;, such
wall shall nevertheless be deemed a party wall for joint use by adjoining Townhome Lot Owners.
Reciprocal easements are hereby created and shall exist upon and in favor of adjoining
Townhome lots for the maintenance, ruTair and reconstruction of party walls and the
foundation, footings, piers and beams supporting the same. The owner of a Townhome sh not
cut through or make any penetration through a party wall for iuiy purpose whatsoever.
8.2 Sharing o 'Rep and m aintenance . 'rhe cost of reasonable repair and
maintenance of a party wall shall be shared by the Owners who make use of the mal in
proportion to such use.
8.3 De struction by Fire or Other_ Casua lty. If a pan y wall is destroyed or damaged by
fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners
therreafter make use of the wall, they shall contribute to the cost and restoration ihai in
proportion to such use without prejudice, however, to the right, of any such Owners to call for a
larger contribution from the others under :my nnle of Law regarding liability for negligent or
willful acts or omissions.
8.4 ' WeatliMro of:�n . NotwitlLstanding any otlicr provisions of this Artic.l4, an
Owner who by his negligent or willful act causes the party wall to be exposed to the eltinnents
shall bear the whole cost of furnishing the necessary protection against such elements.
a.5 Right to Contribu Rlu1s with Land. 'file riillrts of any Owner to contribution
froin any other Owner under this Article shall be appurtenant to the land and shill pass to such
Owners' successors in title.
AI tICLE IX
AR131'1'RAnoN
All allegations, claims, disputer, anti other matters in controversy between any (timers
and /car any Owners and Declarant arising out of ar relating to this Declaration, shall be decided
by .arbitration in accordance with the. commercial arbitration nile:s promulgated by the American
Arbitration Association ( "AAA "), as in effect the date of any demand for arbitration hereunder.
In no event shall the demand for arbitration be made after thy: date when institution of Iegal or
equitable proceedings based on such allegation, dispute, claim or controversy would be bared by
any applicable statute of limitations or similar statute. Each Owner shall have all defenses based
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upon the applicable statute of limitation:-, or repose determined by a court of law or at an
arb►►tratoes preliminary hearing.
In any such arbitration proceeding, t he proceeding shall be conducted in Houston, 3 exas,
by a single arbitrator, if the amount in controversy is $1,000,000 or less, or by a pane] of three
arbitrators if the amount in controversy is over $1,000,000. All arbitrators shall be selec cad by
the process of appointment from a parcel ptursuant to the AAA Commercial Arbitration Rules and
each arbitrator shall be either an active attorney or retired j►tdge with an AAA acknowltAged
expertise in the subject matter of the controversy. dispute or chdrn. To the extent petttaitted by
applicable law, itrbirrators shall have the power to award recovery of all costs and fees (including
luding
attorney's fees, administrative fees and arbitrator's fees) to the prevailing party.
N'otwith5tanding any of the foregoing, the parries hereto agree that no arbitrator or panel
of arbitrators shall possess or have tha Ix,wer to (i) assess punitive damages, (ii) dissolve, rescind
or reform (except that the arbitrator may construe ambiguous terms) this Declaration. (iii)
exercise equitable powers or issue or enter any equitable remedies or (iv) allow discovery of
attorney /client privileged iniorrnation, and the parties hereby waive the aforementioned
remedies. The Commercial Arbitration Rules of the AAA are hereby modified to this extent for
the purpose hereof.
The foregoing agreement to arbitrate shall be enforceable under the prevailing 'texas
Arbitration Law. The awtird rendered by die arbitrator shall b..: final and binding upon all parties
and judgment nlay be entered upon it in accordance with applicable law in any court having
jurisdiction thereof. In the event the arbitration provisions hereof are not upheld by any court
and /or suit is filed by any party hereto the prevailing party in such litigation shall he entitled to
be Maid its attorney's fees, court costs trod expenses associated with such litigation by tho other
party.
ARTICLE X
UTILITIES
10.1 Chil& Service, Utility service to the Propany shall be provided by utility
companies contracted with by each individual owner, and sluall be separately metered at each
Townhome.
ARTICLE Xl
EASEMENTS
11.1 C on_atruction . Each Townhome and the Property included in the Common Area
shall be subject to an easement for miner encroachments created by construction, recortstra,; ion,
repair, shifting, settling, movement, overhangs, brick ledges, balconies, fences, or other
protrusions designed or constructed by Declarant. A valid easement for said zncroach►nents and
for the maintenance (if any) of same, so long as they stand, shall and does exist. In the event the
Building structure containing two or more Townhomes is prtritally or totally destroyed, and then
rebuilt, the Owners of the Townhomes set affected agree that ►ninor encroachments onto parts of
the adjacent "rownhome units or Conintc►n Areas due to construction or repair shall be permitted
and that a valid easement for such encroachment and the ►naint enance thereof shall exist.
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11.2 Utilities and Emq%e_gcie,. There is hereby crewed a blanket easement to enter
upon, across, over, and under all of the Property for ingress, egress, installation, replacing,
repairing, and maintaining tat utilities, including, but not limited to water, sewers, gas,
telephones and electricity, and master television antenna system; to the United States Postal
Service, its agents and employees, to enter upon the Cornmait Area and Townhome Lot:, in the
performance of mail delivery or any other United States Postal Services; and to all police, fire
protection, ambulance, garbage rand trash collection vehicles and all similar persons to entvr upon
the Common Area in the performance of their duties.
11.3 S urface Ar eas. The surf ice cif easement areas for underground utility services
may be paved for streets, driveways or walkways and/or nuty be used for planting or shntbbery,
trees, lawns, or flowers. However, ii is expressly agreed that neither the Declarant nor any
supplier of any utility or service using any easement area shall be liable to any Owner ibr an
daniage done by them or either of them or their agents, employees, servants or assigns, to the
pavement or to any of the aforesaid vel;etation as a result of any activity relating to the
construction, maintenance or repair of any facility in any such easement area.
AWrlCLE. X1
GENERAL PROVISK)NS
12.1 'P The coveruinv; and restrictions of this Declaration shall run with and bind
the land, and shat) inure to the benefir of and be E.nforeeable by the Association or the Owater of
any land subject to this Declaration or any supplemental declaration, their respective legal
retrresentatives, heirs, successors and assilpi.s, for an initial term of thirty (30) years tioin the date
These covenants are recorded. During such initial team, the covenants and restrictions of this
Declaration may be changed or terminated only by an instrument executed by the then Own,= of
ninety (90) percent of all the 'fownhente Lots within the Property, and properly recorded in the
Official Public Records of Reid Property of Oraza, County, Texas. Upon the expiration of such
initial term, unless terminated as below provided, said covenants and restrictions (as ctianged, if
changed), and the enforcement rights relative thereto, shall be automatically extended for
successive periods of ten (10) years each. During the last twelve (12) months of the htitial term
above stated and during any such ten (10 year .automatic extension period, the covenants and
restrictions of this Declaration may be changed or terminated only by an instrument signed by
the then Owners of not less Thar, two- thirds (2/3) of all die Tnwnhome Lots in the Property and
properly recorded in the Official Public Records of Real Property of Brazos County, Texas,
provided no such change and/or amendrnera shall alter the efli:miveness of these covenants and
resirictions until the natural expiration of the original tenn or the automatic extension terk - n then
in effect.
12.2 E nforceme nt. 'fhe Association, any Owner, or the Declarant, and their respective
successors and assigns, shall have the right to enforce by a proceeding at law or in equity all
ea,ements, resnictions, conditions, coventutts, reservations, lierLs and charges now or hen. -after
imposed by the provisions of this Ueclani ion and in connection therewith shall be entitled to
recover all reasonable collection costs hard attorney's fees: Failure by the Association or by any
other person entitled to enforce ,any covenant or restriction herein shall in no event be decraed a
wiover of the right to do so thereafter. It is hereby stipulated, the failure or refusal of any Owner
or any occupant of a Townhonie Lot to comply with the terms and provisions hereof would result
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in irreparable harm to other Owners, to Declarant and to the Association. Thus, the covenants,
conditions, restrictions and provisions of'this Declaration may not only be enforced by an uction
for damages at law, but also ,nay be enforced by injunctive or other equitable relir:f (i.e.,
restraining orders and /or injunctions) by any court of competent jurisdiction, upon the! proof of
the existence of any violation or any aaempted or threatened violation. Any exercise of
distretionary authority by the Association c=oncerning a covenant created by this Declanaton is
presumed reasonable unless the court determines by a proponderanee of the evidence the
exercise of discretionary authority was arbitrary, capricious or inconsistent with the schmne of
the development (i.e., the architcctural arpprovai or disapproval for similar renovations rchatve to
a given location within the Property). The ASSOciadon on its; own behalf or through the efibrts of
its management company may initiate, defend or intervene in litigation or any adminhuative
proceeding affecting the enforcement of a covenant created by this instrument or for the
protection, preservation or operation of the Property covered by this Declaration. Notification
will be deemed to have been given upon deposit of a letter an the U. S. mail addres:;ed to the
(honer alleged to be in violation. Any cost that has accrued to the Association pursuant to this
.Section shall be secured and collectable in the same manner its established herein for the security
and collection of annual assessments as provided in Article V1 _
12.3 51vgLWW&. Invalidation of any one of thes<- covenants by judgment or other
court order shall in no way affect any of the other provisions which shall remain in full force and
effect.
12.4 fJ4 /VA Approv At: long as there is a Class B membership, the following
actions will require the prior approval of the Federal Housing Administration or the V#rterans
Administration: annexation of additional land into the ProperLes, merger and consolidation,
M01gaging of Common Area or Common Facilities, if arty, dc Aication of Common Area, or any
portion thereof, and dissolution or amendment of this Declaration.
12.5 Interpretation, If this Declaration or any wind, clause, sentence, paragraph or
other part thereof shall be suscE- ptible of more than one or conflicting interpretations, then the
interpretation which is most nearly in accontance with the general purposes and objectives of this
Declaration shall govern.
12.5 Om issions , If any punctuation, ward, clause, sentence or provision necesairy to
give meaning, validity or effect to any (other word, clause, sentence or provision appearing is this
Dec=laration shall be omitted herefrorn, d it is hereby declared that such omission was
unintentional and that the omitted punctuation, word, clause, sentence or provision shall be
supplied by inference.
12.7 An nexation . Additional residential property and "Common Area" may be
annexed to the Properties:
(a) With the consent of two - thirds (2/3) of each class of members, provided
that the Federal Housing Administration or the Veterbms Administration shall determine
that the annexation is in accord with the general plan for the entire development
heretofore approved by them, if required at that time, or
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(b) Notwithstanding, anything container) in (a) above, additional land
representing future sections or phases of Canyon Creek may be annexed from time to
time by the Declarant, its successor, or assigns, without the consent of other Owtte:rs, or
their mortgagees, within thirty (30) years of the date of recording of this Declaration of
Covenants, Conditions and Restrictions, provided that the Federal Housing
Administration or the Veterans Adininistrretion shall determine that the annexation is in
accord with the general plan for the entire: development heretofore approved by them, if
required at that time;
(c) The annexation addition may be accomplished by the execution and filing
for record by the Owner of the property being added or annexed, and by the Federal
(lousing Administration ("FHA") aged /or the Vetc;rans Administration ( "VA ") if HIA or
VA approval is required ptu -mant to Sections 12.7(a) +ir 12.7(b) hereof, of an instnanent
which may be called " Suppkmontal Declaration" which shall at least set out grid provide
in substance; the name of the Owner of the proper being; added or annexed who shall be
called the "Declararir;" the perimeter description cof the property being added or annexed;
the description of the residecnthd areas and of the Cotmnon Area of the property being
added or annexed and the: rights and easements of the Owner in and to the Cotmnon Area;
that the property is being added or annexed in accordeutce with the provisions of this
Declaration of Covenants, Conditions and Restrictions, and that the property being
annexed shall be developed, held, used, sold, and conveyed in accordance with and
subject to the provisions of thi!: Declaration of Covenants, Conditions and Restrictions;
that all of the provisions of this Declaration of Covenants, Conditions and Resoictions
shall apply to the property being added or annexed with the same force and effect as if
said property were originally included therein as part of the original developtnem; that
the property being, added or annexed is submitted to the jurisdiction of the Association
with the Name force and effect as if said property were originally included ue this
Declaration of Covenants, Conditions and Restrictions as part of the original
development; and, such "Supplemental Declaration' may contain such other provisions
which are not inconsistent with the provisions of this Declaration of C'ovanants,
Conditions and Restrictions or the- general scheme or plan of Canyon Creek, as a
residential development. Nothing in this Declaration shall be construed to reprekmr or
imply that Declarant, its succes.iors or assigns, are under any obligation to add or ftnnex
additional property to this residential development;
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(d) At such time as the "Supplemental Dec)aration" is filed for record as
hereinabove provided in the annexation shall be deen►ed accomplished and the annexed
area shall be a part of the Properties and subject to each and all of the provisions of this
Declaration of Covenants, Conditions and Restrictions and to the ,jurisdiction (of the
Association in the some manner anal with the same force and effect as if such amtexed
property had been originally included in dais Declarniion of Covenants, Conditions and
Restrictions as part of the. original development;
(e) After additions or annexations are made to the development, all
assessments collected by the Association from the Owners in the annexed areas shall be
commingled with the assessments collected from all other Owners so that there shall be a
common maintenance inr the Properties.
12.8 Ame ent. This Declaration may be tnnended by a written instrument signed
by the then Owners of two- third.5 (213) of all the Townhome Lots on the property and properly
recorded in the Official Public Records at' Real Property of Brazos County, Texas; provided
however, that so long as there is a Class 13 membership, Any amendment of this Declanntion shall
also require the prior approval of the Federal Housing; Administration or the V..terans
Administration.
ARTICLE, X11I
RA'ri l It. AT ION: 1_IEN14 dl.E >E R
13.1 _ _, the owner and holder of a lien or liens covering
the Property ha.-4 executed this Declaration to evidence its joinder in, consent to, and ratification
of the foregoing Covenants, Conditions and Restrictions.
EXECU'MDD this . day of'____ _____,2001.
CANYON CRl1:K PARTNERS, LTD,
a Texas limited partnership
By: American Collegiate Housing, Inc.,
a Texts, corporation, its general partner
13 y:—_..... ----
Name:_ -
Title:
Dec -20 -01 03:44pm From - WINSTEAD SECHREST AND MINICK + T -605 P.40/41 F -470
LIEN14OLDER:
•title: _- ..r..__... � - — --
TILE STATE OF TEXAS §
COUNTY OF BRAZOS §
BI:FORJE ME, the undersip].e.9 authority, on this clay personally appeared Taild P.
Sullivan, President of American Collegiate Housing, 'Inc,, a Tcmis corporation, general partner of
Canyon Creek Partner, Ltd., a Texas limited partnership, on behalf of said partnership.
GIVEN UNDER MY HAND AND SE OF O FFICE this _ _ d<<y of
2001.
Notary Public in and for the State. of "Fexas
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THE STATE OF' I EXAS §
COUNTY 01 §
BF?FORE. ME, the undersiglied authority, on this day personally appeared
of
whn is known to me to be the person whose name is subscribed to the foregoing instrument,
acknowledged to me that (s)he executed the same for the purposes and consideration therein
expressed and in the capacity therein stilted.
GIVEN UNDER MY HAND AND SFsAG OF OFFICE this day of
.2001.
Notary Public in and for the State oi" fexas
After recording return to:
John G. Cannon
Winstead Sechrest & Minick P-C.
910 Travis, Suite 2400
Houston, Texas 77002
1 JQ1) WON 1\53807$11
1212(/2001 - 99499:1.1
27
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3.16 Underground E:lecuic Servic_e. An undergromid electric distribution systarn will
be installed in the Property, desigmited herein as Underground Residential Subdivi:cion, in
accordance with an agreement between a provider of electrical utilities ( "Electric Company ") and
Declarant. The Owner of each 'rciwnhorne Lot containing a single dwelling unit shall, at his own
eo::t, furnish, install, own and maintain (. in accordance with the requirements (of local
governing authorities and the National Electrical Code) the underground service cable and
appurtenances from the point of the Electric Company's metering at the structure to the lx►int of
attachment to be made available by the Electric Company at a point designated by the Electric
Company at the: property line of each Townhome Lot. The Electric Company furnishing service
shall make the necessary connections at said point of attachntr.nt and at the meter. Declar.utt has,
either by designation on the plat of the subdivision or by separate instrument, granted necessary
easements to the Electric Company providing for the installation, maintenance, and operation of
its electric distribution system and has also granted to the various Owner's reciprocal easements
providing for the access to the area ciec:upiccl by curd centered on the service wires of the various
Owners to pennit installation, repair and maintenance of each Owner's owned anal installed
service wires. In addition, the Owner of each Townhome trot containing a single dwelling unit
shall, at his own cost, furnish, install, own and maintain a meter loop (in accordance with the
then current Standards and Specifications of the Electric C'company furnishing service) for the
location and installation c►f the meter of such Electric Company for each dwelling unit involved.
For so long as underground service is maintained in the Underground Residential Subde6sion,
the electric service to each dwelling unit therein shall be unclorgound, uniform in character and
exclusively of the type known as single phase, 240/120 vale, three wire, 60 cycle, idlernating
current.
3.17 I )eviations in K cstrijaii?11$. The Declarant, at its sole discretion, is hereby
permitted to approve deviations in the restrictiom set forth herein in instances where, in its sole
judgment, such deviation will result in a more common beneficial use. Such approvals natast be
granted in writing. Any deviations granted must be in the spirit and intent of the welfare of the
overall community.
3.18 No Liability Neither Declarant, the Board of Directors of the Association, nor
the respective agents, employees and aichitucts of each, shall l-e liable to any Owner or any other
party for any loss, claim or demtand :asserted on account of the administration of these rzstri►.tions
Or the performance of the duties hereunder, or any failure or defect in such administration and
performance. These restrictions can be altered or amended only as provided herein .rtuJ no
person is authorized to grant exceptions or make repre..entalions contrary to the intent of this
Declaration. '.No approval of plans anti specifications and no publication of minimum
construction standards shall ever be construed as represcrating such plans, specifications or
standards will, if followed, result in a properly designed residential structure. Such approvals
and standards shall in no event be construed as representing ar guaranteeing any residence will
be built in a good, workmanlike manner. 'Che acceptance of a deed to a Townhome ]rot toy the
0 shall be deemed is covenant acid agreement on the part of the Owner, and th,! Cewner's
heirs, successors and assigns, that I)eclanurt and the Board of Directors of the Association, as
weal as their agents, employee:, and architects, shall have do liability under this Declaration
except for willful misdeeds.
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3.19 (n_tt relation lf' this Declaration or any word, clause, sentence, paragraph or
other part thereof shall be susc ;eptible of one or more conflicting interprekctions, the
interpretation which is most newly in accord with the general purposes and objectives of this
Declaration shall govern and may be corrected or clarified by Iyeclarant's preparation.. execution
and recording of a supplement to the Declaration.
3.20 Flagpoles; Decorations No flagpoles shall be permitted on any Townhome Lots
except as permitted herein. With the approval of'the Architecture Control Committee an Owner
may attach a pole no longer than six Feet in length to the Owner's home for the purpose of flying
the- flag of the United States of Arneaiea, the State of Texas, or any seasonal banners or flags
approved by the Architecture Control Committee. No Townhome Lot may contain any items
intended to be decorative (except for flags and banters as approved above or by the Architecture
Control Committee and except for landscaping) which are risible from any street, without the
approval of the Architecture Control Committee. Items which are intended to be decorativd shall
include, but not be limited to, plastic birds or flamingos, attifieial plants or flowers, fountains,
windsocks, lawn ,jockeys, topiaries., more than six (6 ) plant containers and statuary.
Notwithstanding the foregoing, to the contrary, an Owner may place deeorationy on their
Townhome Lot in connection with the celebration of a holiday approved by the Architecture
Control Committee provided such &- coradons are removed within thirty (30) days after the
holiday and are set up no sooner than Party-five (45) days prior to the holiday.
3.21 Basketball Goals Pemianv at basketball goals will only be permitted in the back
yards of Townlome Lots and shall not visible from the front of the Townhome Lot. On 4,orner
Townhome Lots, the backboard must be located behind the house and on the side of this yard
closest to the adjacent Townhome Lot to minunize its visibility from the side street. The
basaketball goal backboard, net and post must be maintained in excellent condition at all times.
Portable goals must be maintained in excellent condition at all times, and must have the pole,
backboard, rim and net. Pormble goals must bc; kept cloy: to the front building line of the
Townhome Lot.. (front edge of home) and are not allowed in the street, at the curb, or blacking
the sidewalk. portable goals should not become a nuisance to others.
3.22 Sidewalks No sidewalk, walkway, improvcxl pathway, deck, patio, driveway or
other improvements shall be constructed on any 'Townhome Lot unless and until the p1mis and
specifications therefor are submitted to and approved by the itwhitectural Control Cotnminee as
provided in Article IV below.
3.23 Maintenance of Townharr a L )ij. Each l]wete:r shall at all times be oblif;ated to
maintain, repair, replace and renew or cau.se to be maintained, repaired, replaced or renewed all
improvements on a Townhome Lei so awned or occupied (and the area between the boundary
lines of adjacent property and adjacent strtets if such area is not otherwise maintained), .c. as to
keep same in a clean, sightly, safe: anti first -class condition consistent with its original intended
appearance. Unless expressly ausunied by the Association, an Owner's maintenance obligation
sheen include, but not be limited to: the matinwnance of all visible exterior surfaces of all
buildings and other improvements; the prompt remount of all paper, debris, and refuse; the
removal and replacement of dead and disurased trees and plantings and all snow anti ice from
pawed areas; the repair, replacement, oleatung and relampinl>; of all signs and lighting foLtures;
the- mowing, watturing, fertilizing, weeding, replanting and replacing of all approved la ndsc:3ping;
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arul, during consirtiction, the cleaning of dirt, construction debris and other construction - related
refuse from streets and storm drains and inlets.
If any improvement is damaged or destroyed, the fawner shall diligently proceed to
restore such improvement to the condition oxisting prior to such damage or destruction or, in the
alternative, raze and remove such improvement and landscape the property pursuam to a
landscaping plan approved by the Architectural Control Committee.
3.24 M ailboxes . All mailboxes on the Towrlhome Lots shall conform to all other
requirements of the Architecture: Control C Orni tittee.
3.25 'Cra Collecti All Owners shall purchase: and maintain trash receptacles as
specified by they Architectural C:onta•ol Con unittee to dispose of'trash on trash pick -up days. In
addition, all Owners shall comply with the., requirements of the City of College Station. Texas
with respect to putting trash receptacles in an area for pick -up by the City and putting the
receptacles away afterwards, which raquir•emants are more fully set forth in City of College
Station Ordinance [to come), as same: may be amended.
ARTICLE 1V
ARCHITECTURAL APPROVAL
4.1 Ap proval of Building 1'jm. No building shall be erected, placed, or altered on
any Townhome Lot until the constneclion plans and specifications and a plot plan showing the
location of the structure, have been approved in writing; as to harmony of exterior design and
color with existing structures, as to location with respect tee topography and finished ground
elevation, and as to compliance with minimum construction standards by the Architectural
Coatrol Committee. A copy of the construction plans and specifications and a plot plan, together
with such information as may be det'nnLA pertinent, shall be submitted to the Architectural
Coatrol Committee, or its designated representative prior to (lie commencement of conshuction.
The: Architectural Control Committee may requite the submission of such plans, specifications,
and plot plans, together with such other documents as it dams appropriate, in such form and
detail as it may elect at its entit•e discretion, In the event the' Architectural Control Contanittee
fails to approve or disapprove such plans and specification:: within thirty (30) days after the
receipt of* the required documents by the A rchitectural Control Committee, approval will not be
required and the: requirement of this Section will be deemed to have been fully complied with as
long as any alterations, construction or renovations are cc ►mple..te:d within the guidelines provided
within these restrictions or any amendments hereto. However, should an Owner move forward
with any such construction, alterations or exterior changes without submitting; a evrinen
application for architectural review as required herein, the droner will be in violation of the
restrictions and hereby acknowledges the obligation to remove; such improvements, at the option
of Declarant or the Association. The Architectural Control Committee is granted authority for
up to one - hundred twenty (120} clays to approve or deny any written application for architectural
review after the fact of completion. In the event dw completed improvements are not approved
by the Architectural Control Committee on or before the expiration said one - hundred twenty
(120) days, then such application shall be deemed denied. Notwithstanding the foregoing, the
Asiocimion has the right to obtain a re:3trai,ung order or pur:cue any other process within the law
to terminate or halt construction prot!ress which has not hren approved by the Architectural
Dec -20 -01 03:36pm From- WINSTEAD SECHREST AND MINICK
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Control Committee. The Architectural Control Committee shall have full and complete authority
to approve construction of any improvement on any Townhome Lot, in its sole and absolute
discretion, and its judgment shall be $ataal and conclusive. All reasonable enforcement costs and
attorney's fees incurred by the Association in connection with the Association's exercist- of the
right to obtain restraining order and /or temporary or permanent injunctions under this Section 4.1
sball be recoverable against the Owner and/or occupant in violation of this Declaration and the
provisions hereof. The Owner or occupant, as the case may be, agrees by the purchase or
occupancy of the residence on a Townhome Lot to pay all such reasonable costs of enforcement
and attorney's fees immediately upon receipt of a statement werefor. In the event of the failure
to pay such statement, the amount thereof may be tidied to the annual maintenance charge
assessed against such Townhome Lot and shall become ;a charge thereon which sliatll be
collectible in the same manner as the regular annual maaintimance charges provided for in
Article VII. In connection with its review ;and approval of the plans and specifications and plot
plan as provided in this Declaration, it i., expressly provided that the Arehitecturid Control
Committee shall have the authority to grant variances to allow encroachments upon tmd across
buitding setback lines established pursaant to Section 3A hereof, and to permit other dcO ations
frtmt the specific requirements and lintitaLions of this Declaration in those matters as to which
the Architectural Control Committee is given approval authority. Any such vatriance or
permission must be evidenced in writing signed by a majority of the Arc:hitectund C "ontrol
Committee or by the Designated Representative thereof, and may be given or withheld in the
sob: and absolute discretion of the Architectural Control Committee or the Designated
Representative, based on subjective or ;aesthetic reasons.
4.2 Archi tectural C Com 7'he Architectural Control Conunittee
(hereafter referred to as "Architecture Control Committee") shall consist of three (3) m,-.tnbers
who shall be initially appointed by the Declarant. The initial members shall be Todd P. Sullivan,
John Sullivan and William Sullivan. (n the event of the death, resignation or removal of any
initial or subsequent member of the Architecture Control Committee, the remaining nieniber or
members, or the "Designated Reprew — ntative" (herein so called) if there is no remaining number
shall have the power to appoint successor member(s) to the Architecture Control Comadnee.
Any member of the Architecture: Control Committee may be removed with or without cause by
the vote of a majority of the remaining anetnbers of the Architecture Control Committee, and in
the event of a tie vote the Designated Representative nkry cast the deciding vote. The
Architecture C Committee may front time to time appoint a Designated Representative to
act on its behalf The initial Desipiawd Representative of the Architecture Control Committee
shall be Todd P. Sullivan. After such time as there has been built and constructed on each and
every Townbome L,ot in the sul►division a residential dwelling and related improvotnenu, or at
such earlier time as the Architecture Control Committee may elect, the duties and responsibilities
of the Architectural Control Committee shall be assumed by, and its powers assigned to, the
Board of Directors of Association. At the time the Architecture Control Committee ceases to
Serve as the Architectural Control Committee (at the completio of the conditions set forth :above
or at such earlier time as the Arch itcottuaI Control Committee may elect), it shall ;assign the
rigjits and powers, duties and obligations of the Architectural control Committee to thc: Board of
Directors of the Association, such a.ssigrunent to be evidenced by an instrument in wzitinb,
executed and acknowledged by th%� me n l )ers of the Arettii.ecture Control Committee or its
Designated Representative, and filed of reunrd in the appropriate records of the County Clark of
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Brazos County, Texas. The address for submission of applications for architectural revie-w may
change from time to time.
4.3 Minimeun Constr uction Sttuadards. The Architectural Control Comtreittee may
from time to time promulgate: an outline of rninimum acceptable construction standards;
provided, however, that such outlina will serve only as a minimum guideline and the
Architecture Control Committee shall not be bound thereby or prohibited from imposing
additional (even more stringent) requirements or adoptinl; amendments to the Minimum
Construction Standards to relax, reduce or otherwise modify such standards from tirrae io tmme.
4.4 _R emodeling. Ren ova[ ion and Redecoratio of' E xterior Walls No remodeling,
renovation or redecoration of any exterior wall of any building on a Townhome Lot which in any
maatner changes the visual appearance of such exterior wall (including, but not limited to,
changing the color, appearance:, texture or reflective character of any exterior surfa-:i:; the
addition or alteration of shutters, awnings or other window coverings; or the addition of wall
applications) shall be allowed until the plans and specifications describing the work to be
performed have been approved io writing by the Architectural Control Committee as provided in
Section 4.1 above. Such remodeling, renovation or redecoration shall, for the purpose hereof, be
decmed to constitute an alteration of the building subject to the provisions of Section 4, 1.
A R ICLE V
CANYON CREEK OWNERS ASSOCIATION, INC.
5.1 Me mbership and Voti� R jghts . Every Owner of a Townhome l.crt which is
sul)ject to assessment shall be a member of the Association. Membership shall be appurten ;utt to
and may not be separated from ownership -if any 'rownhome Lot which is subject to assessment.
The foregoing is not intended to include persons or entities, who hold an interest merely as
security for the performance of an obligation, No Owner shat l have more than one membership
ibr each Townhome Lot owned t oy an Owner.
The property Owner is require -d tat all tunes to provide the Association with proper
mailing information should it differ from the property addre :;s relative to ownership. Further,
when an alternate address exists, Owner is required to render notice of a tenant, if any, or
agency, if any, involved in the management of said property. The Owner is required and
obligated to maintain current information with the Association or its designated management
company at all times.
5.2 The Association shall have two classes of votint; membership:
(it) C lasg . Class A members shall be tilt Owners with the exception c,f the
Declarant and shall be entitlad to one (1) vote ibr each Townhome Lot owned. When
more lltan one person holds an interest in tiny Towvh„me Lot, all such persons shall be
member~. The vote for such l'ownhorne Lot shall be exercised as they among themselves
determine, but in no event shall more than one vote be cast with resp to any
Townhome Lot.
(b) Class B . ' 1'he Class l i member(s) shall be the Declarant or its successors
and assigns to whom the right of e.lass B membership is expressly assigned in writing
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(with a copy of the written in:,trunient making such assi being delivered to the
Association). Class B members shall be entitled to throe (3) votes for each Tovnihome
Lot owned. The Class B membership shall cease and be converted to Class A
membership as set forth in the Articles of lncorpa> ration of the Association. The glass A
and Class 13 members shall havo nc► rights as such to vote as a class, except as required by
the Texas Non - Profit Corporation Act, the Articles of Incorporation or the By -Laws of
the Association or as herein provided, and bath classe shall vote upon all matters its one
group.
5.3 Non -Profit Com )raticm. C ,inyon Creek Owners Association, Inc., a non. profit
corporation, bas been organized; and it shall be governed by the Articles of Incorporation and
By -Laws of said Association. All duties, obligations, benefits, liens and rights hereua er in
favor of the Association shall be vested in said corporation.
5.4 I1l, The Association may make aatd establish such rules or bylaws as it
may choose to govern the organization and administration of the Association, provided,
however, that such rules or by-laws Fire not in conflict with tho tarms and provisions hereof. The
right and power to alter, amend or repe the by -haws of the A�isociation, or to adopt new by -laws
is expressly reserved by and delegated by die members of the Association to the fkx rd of
Ditectors of the Association.
5.5 I nspection of Re cords. The members of the association shall have the right to
inspect the books and records for the: Association at reasonabic times during the normal bu :iiness
hours by appointment.
A RTICLE 'VI
PIZO1 RIGHTS
6.1 O wner's Easeme oil i9yt Every Owner shall have a right and easement
of enjoyment in and to the Con - anon Area and conunon facilities, if any, which sludl be
appurtenant to and shall pass with the title to every Townhorne 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 faaciliq situated upon Common Area.
(b) Tht; right of the Assi,eiation to suspend the voting rights and right to use
the recreation facility by an Owner; to suspend tiny other service providod by the
Association for an Owner for any period during - which any assessment agaia:n his
Townhome Lot remains unpaid; anti for a period not to exceed sixty (64) days for each
infraction of its published rules wid regulations, or breach of any provisions of the
I)eclarat ion.
(c) The right of lice Association to dedicate or transfer all or any Fart of the
Common Area, if any. to any public agency, authority or utility for such purpm.es and
subject to such conditions as may be agreed to by the members. No such dedication or
transfer shall be effe ctivc unless Lin instrument signed by two - thirds (2/3) of each class of
the members agreeing to such dedication or transler Kis been recorded in Offici31 Public
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Records of Beal property of BrazAts County, 'texas; provided, however, tlu, Board of
Directors by majority vote of the Board is authorized and empowered to cause the
dedication and conveyance of utility easements and easements for similar purposes
without submitting such matter to a vote of the niernhers, and to authorize and o0cer of
the Association to execute the docwnents required tier such dedication or conveyarrt e.
I,d) The right of the Association to collect and disburse those funds as set forth
in Pardgxaph 7.1.
6.2 1 3clegation of Ils e. Any Owner may delegate in accordance with the by -laws the
Owner's right of enjoyment to the Comi►n Area and facilities, if any, to the member. of the
Owner's family, tenants or contract purchasers who occupy the residential dwelling of the
Owner's Townhome Lot.
AR'T'ICLE VII
MAW)?NANC:E ASSESSMENTS
7.1 l_'r gation of the L im= P_sx%=L( li anon co Assessments The Declaraw, for
each Townhome Lot owned within the subdivision hereby covenants, and each Owner of any
Townhome Lot by acceptance oi' a deed therefor, whether or not it shall be so expressed in such
deed, is deemed to covenant and hgree to pay to the Association; (1) annual assessment or
changes, and (2) special assessments for capital improvements, and (3) other charges assessed
agaainst an Owner and his Townhome LoI as provided in Sections 3.12, 4.1 and 12.2 of this
Declaration, such assessments and charges to be established and collected as herein provided.
Thy annual and special assessments, a4 we:lI as the other charges described in Sections 3.12, 4.1
and 12.2 of this Declaration, together with interest, collection costs and reasonable attorney's
fees, shall be a charge on the Townhome Lot and shall be sec ured by a continuing lien upon the
Townhome Lot against which each such assessment is made. Each such assessment and other
chuerges, together with interest, collection costs and reasonable attorney's fees, shall also be the
personal obligation of the person who was the Owner of yuch property at the time Mum the
assessment fell due, and the personal obligation for delinquent assessments shall not pass to
subsequent Owners of the concerned TowNionte Lot unless expressly assumed in writing.
7.2 P urpose of 'AsKs sments. The assessments leviod by the Association stud] lx: used
to promote the recreation, health, safety, and welfare of the residents in the Property, for the
improvement, taimenance and management of any Common Area and Common Facilities of
the Association as well as arty esplanades or landscaped areas within street right -of -way
des.ignated by Board of Directors of this A:sociation as being appropriate for maintenance by the
Association, and to enable the Association to fulfill its responsibilities. The responsibilities of
the Association shall include, but not he limited to, the maintenance and repair of the Common
Area and Cornmon Facilities, if .tn constructing and maintaining parkways, green belts,
detention areas, right -of -ways, easements, esplanades, Common Areas, sidewalks, path . , ., and
other public areas; construction, rttaaintem ance and operation of all street lights; €;arbage
collecting; insecticide services; purchase and/or operating expenses of recreation areas, if any;
installation, repair, maintenance and replacement of an access gate or gates for the benefit of the
Owners; repair., mainteri ancc and replaccnaent of all lvidscuiping, signage, lighting, irrigation,
pocking and other improvernerts on the private access easements shown on the Subdivision Plat;
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pa)Tnent of all legal and other expenses incurred in connection with the collection and
enforcement of all charges, assessments., covenants, restrictions, and conditions establi!:hej under
this Declaration; payment of all reasonable and necessary expenses in connection with the
collection and administration of the rnuintenanc:e charges and :assessments; employing policemen
and watchmen, and/or security service.. if desired; caring for vacant Townhome Lots anti doing
other things necessary or desirable in the opinion of the Board of Directors to keep the
Townhome Lot, neat and in good order, or which is considered of general benefit to the Owners
or occupants of the Townhome Lots; and obtaining liability, worker compensation, property and
director and officer liability insurance in a,nounts deemed proper by the Board of Directors of
the Association. It is understood Hutt the judgment of the Romd of Directors in the expenditure
of !,aid funds shall be final and conclusive so long as such judgment is exercised in good faith.
All Townhome Lots in the FroNrty shall commence to bear their applicable maintenance fund
aswsssment simultaneously from the dare of conveyance of the first Townhome Lot by Declarant
to an Owner. 'lfte first annual assessment shall be adjusted according to the number of months
remaining in the calendar year. '1'ownhotnc Lots which are or at any time have been occupied by
a resident, shall be subject to the annual assessment determined by the Board of Directors
according to the provisions of Section 'T.3. Townhome Lots which are not and have never been
occupied by a resident, and which are owned by Declarant or the person who built (or ca&,es to
be built the residential dwelling on the 'rownhome; Lot), shall be subject to an annual asses anent
equal to one -half ( %x) of the annual assessment applicable to ou-cupied Townhome Lots. The rate
of assessment for any calendar year for any individual Townhome Lot, will change within that
calendar year as the character of ownership and the status of occupancy changes, howt:ver, once
any Townhome Lot has become subject to assessment at 1he full rate, it shall not thereafter revert
to assessment at lower rate. The applicable assessment for each 'Townhome Lot shall be pt - c-rated
for each calendar year according 10 the rate applicable ti >r each type of ownership of the
'fownhome Lot during that calendar yetir.
7.3 Maximum Annual A sessrornt. Until January 1, 2002 there shall be no annual
assessment.
(a) The annual assessment for the calendar year 2002 shall be $__ - _
per Townhome Lot, as established by tine Board of Directors of the Association (the
"Board of Directors '). The Board O' Directors shall tax the amount of the 2003 a,tnual
assessment (and the annual assrssnient for each subsequent calendar year) at lease thirty
(30) days in advance of the annual ussessireent period, which shall begin on the first day
of January of each year. Written nt,tice of' the annu;d assessment shall be sent to .very
Owner subject thereto at the address of each Towntionne Lot or at such other address
provided to the Association in writing pursuant to Section 5.1. Maintenance fees tyre due
on January l of each year anti ctmsidcred delinquent if not received by January 31. 11" for
any reason the Board of Directors falls to fix the annual assessment for any year by
December 2 of the preceding year, it shall be deemed that the annual assessment for such
year will be the same as that established for thr preceding year, and such annual
assessment shall continue unchanged from year to )ear until the Board of Dinvors
establish a new annual assessment in accordance with the provisions hereof'.
(b) From and idler January 1, 2003, the maximum annual assessment may be
increased each year by a majority veto of the Board O' Directors of the Association only
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to an amount which is not more than fifteen percent (15%) above the assessment for the
previous year..
(e) From and after January 1, 2003, the imiximum annual assessment may be
increased by more than fifteen percent (15 %)of previous year's assessment only if the
increase is approved by the affirmative vote of a majority of those members of each class
who are voting, in person or by proxy, at a meeting duly called for the purpose of
considering; such increase. Subject to the provisions of Section 7.5, the voting process for
this action may also be handle([ by mail ballot as long as the ballots contain the imme,
property address, certification by the Secretary of the Association, alternate addrem of the
member, if applicable, and the date and signature of the member. Ballots may be
returned by U.S. mail in envelopes specifically marked as containing; ballots for the
special election, or may be collected by door to door canvas. Upon levyutg of any
increased assessment pursuant to tyre; provisions of this, Section 7.3, the Association shall
cause to be recorded vi the Official Public Records of Veal property of Brazos Otwity,
Texas, a sworn and acknowledged affidavit of the President (or any Vice President) and
of the Secretary of the Association which shall certify, among other items that may be
appropriate, the total number of each class of members as of the date of the voting, the
quorum required the number ol'vot►:s represented, the number of each class voting "for"
and "against" the levy, and the arraount of the increased assessment which must be paid in
order to avoid being delinquent.
7.4 S pecial Assessm for CIpital Iotpro vemei►ts. In addition to the annual
as *:ssments authorized above, the Board of Directors may levy, in any assessment year, a special
assi:ssment applicable to the current year only for the purpose of defraying, in whole or in pan,
the cost of any construction, reconstniction, repair Or replacement of a capital improvement upon
the Common Area, including fixtures ;tttd personal property related thereto, provided any such
asscssrntnit shall have the approval of two--thirds (2/3) of Thu votes of those members of each
cla:is who are voting in person or by proxy at a meeting duly called for this purpose. Likewise,
subject to the provisions of Section 7.5, the voting process for this action may also be bandied by
maul ballot as long as the ballots contain the name, property address, certification by the
Secretary of the Association, alternate address of the member, if applicable, and the diete and
siptature of the member. Bauuts may be returned by U. S. mail in envelope Specifically
mtwked as containing ballots for the special election or may be collected by door to door canvas.
Upon the levying; of any special assesymer►t pursuant to the provisions of this Section 7A, the
Association shall cause to be recorded in the rival property records of the Brazos County Clerk's
Office, a sworn and acknowledged affidavit of the President (or any Vice President) and of the
Secretary of the Association which ~.hall certify, tunong other items that may be appropriate, the
total number of each class of members as of the date of the voting;, the quorum required, the
nurnber of each class of votes represented, the number of each class voting "for" and "against"
the levy, the arnount of the special assessment authorized, and the date by which the special
assessment must be paid in order to avoid being delinquent.
7.5 No tice and ( ortan Jot on Acti Aut horized under Paragraphs 7.3 and 7.4
Written notice of any meeting; called for the purpose of taking any action authorized ender
Sections 7.3 and 7.4 shall be Sent to all members not less than fifteen (15) days nur moce than
Amy (60) days in advance of the meeting.. At the first such meeting; called, the presence of
17