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HomeMy WebLinkAboutCovenants 1 441501 r .. . , DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ' OF ' _ . ! • rn REGENCY SOUTH TOWNHOME HOMEOWNERS ASSOCIATION .;,I C.. ,., r H ti,.,. .,r � This DECLARATION is Made on the date hereinafter et forth by all Regency South Townhome Homeowners hereinafter referred to as "Declarant", and in conformance with Federal Housing Administration requirements for such a declaration. This declaration is in the nature of a renewal, extension and ratification of a previous declaration relating to the same property described below, recorded in Volume 601, Page 587, of the Official Records of Brazos COunty, owners of said premises. W I T N E S S E T F[: WHEREAS, Declarant constitutes 100% of the owners of certain property in College Station, County of Brazos, State of Texas which is described as follows: Being a 4.35 acre tract or parcel of land lying and being situated in the CRAWFORD BURNETT LEAGUE of Brazos County, Texas, said tract or parcel of land also being a portion of Lot 35-R, Block 16, + SOUTHWOOD VALLEY, SECTION III an addition in the City of College Station, Texas according to plat thereof as recorded under File #276325 in the office of the County Clerk of Brazos County, said tract being more particularly described as follows: BEGINNING at. an iron rod found marking the common corner of Lots 35-R and 36 of the. beforementioned subdivision, said iron rod also being in the south line of Brothers Blvd.; THENCE N 57° 41' 47" E 170.00' to an iron rod for a corner; THENCE S 43° 13' 15" E 288.20' to an iron rod for an angle point; THENCE S-71° 48' 11" E 215.00' to an iron rod for a corner; I THENCE S 18° 11' 49" W 340.76' to an iron rod for a corner; THENCE N 60° 45' 51" W 220.52' to an angle point; THENCE N 70° 31' 20" W 141.05' to an angle point; THENCE N 77° 20' 23" W 171.76' to an iron rod for a corner; t THENCE N 18° 11' 49" E 133.82' to an iron rod for a corner; THENCE N 40° 41' 52" W 42.42' to an iron rod for a Icorner; 'VOL 1171 Mr. 74 i aa 6 1 11 • THENCE N 49° 18' 08" E 119.67' to corner; an iron rod for a THENCE N 32° 18' 13" W 95.00' to an iron rod and PLACE OF BEGINNING, for an area of 4.35 acres of land, more or less. The 4.35 acre tract or parcel of land described above includes Lot numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, '13, 14, 30, 31, 32, 33 and 34 as platted. NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions which are for the purpose of protecting the value and desirability .,:roll iu11 wll.AA, w... iLul oe oloola4 UI all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to REGENCY SOUTH• TOWNHOME HOMEOWNERS ASSOCIATION, INC., its successors and assigns. Section a. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is described as follows: All that certain 4.35 acre tract of land hereinabove de- scribed by metes and bounds SAVE AND EXCEPT all lots and dedications to the City of College Station, Texas as - 2 - VOL 1177 r4GF 425 reflected by the plat of said tract recorded under File #276325 in the County Clerk's office of Brazos County, Texas. Section 5. "Improved Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area and upon which a structure exists that is in compliance with the requirements of Article V. Section 6. "Unimproved Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area and upon which no structure exists or a structure exists that is not in compliance with the requirements of Article V. Section 7. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area. "Lot" includes both Improved Lots and Unimproved Lots. ARTICLE II PROPERTY RIGHTS Section L. Owner's Easements of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area; (b) the right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations; (c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to Such conditions as may be agreed to by the members. No such dedication or transfer shall be �1 ��+ - 3 - VOL aril T' 4213 effective unless an instrument signed by two-thirds (2/3rds) of all members agreeing to such dedication or transfer has been recorded. ection 2. Delegation of Use. Any owner may delegate in ' accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Parking Rights. Ownership of each Lot shall entitle the owner or owners thereof to the use of not more than two (2) automobile parking spaces, which shall be as near and convenient to said Lot as reasonably Possible, together with the right of ingress and egress in and upon said parking area. No non-motorized vehicle, trailer, boat, recreational vehicle, machinery or equipment of any kind may be parked or stored on any part of any Lot, easement, right-of-way or Common Area unless such object is concealed from public view inside a garage or other approved enclosures. ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 1. Every owner of a lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 2. The Association shall have two (2) classes of Class A: Class A members shall be all Owners of improved lots and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B: The Class B member shall be all owners with unimproved lots and shall be entitled to one-half (1/2) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The one-half (1/2) vote for - 4 VOL i1 71 PAGE 427 I JP c such Lot shall be exercised as they among themselves determine, but in no event shall more than one-half (1/2) vote be cast with respect to any Lot. Section 3. Class A members who own an unimproved lot or lots adjacent to their improved lot may elect to treat the unimproved lot or lots as part of their improved lot, in which case the Class A member still has a combined total of one vote. ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS ,flection 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) monthly assessments or charges for the improvement and maintenance of the Common Area and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The monthly and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such. assessment is made. Each such assessment, together with interest, costs, , and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not rats -- ••- ....-A.. -.A ,....k. u[iies expLessiy assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area. In;the event that the need for maintenance or repair is caused through the willful or negligent action of a owner, his family, or guests, or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such lot - 5 - VOi 1171 NCI'428 i is subject. Section 3. Maximum Monthly Assessment. The initial assessment for Class A members is hereby set in the amount of $100 per month beginning January 1, 1990. (a) The maximum monthly assessment may be increased each year not more than 10% above the maximum assessment for the previous year without a vote of the membership. (b) The maximum monthly assessment may be increased above 10% by a vote of two-thirds (2/3rds) of all members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the monthly assessment at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements. In addition to the monthly assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of all members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Ouorum for Any Action Authorized Under Section 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast fifty percent (50%) of all the votes of the membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. - 6 - vot 1171 PACE 429 Or Section 6. Uniform Rate of Assessment. Other than as allowed by Section 8 hereafter, both monthly and special assessments must be fixed at a uniform rate for all Lots and shall be collected on a monthly basis. Section 7. pate of Commencement of Assessments: Due Dates. The monthly assessments provided for herein shall commence as to all Lots on the first day of January, 1990. The Board of Directors shall fix the amount of the monthly assessment against each Lot at least thirty (30) days in advance of each monthly assessment period. Owners are responsible for payment of assessments with or without notice from the Association. Written notice of the monthly assessment may or may not be sent to every Owner subject thereto at the discretion of the Association. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Section 8. Unimproved Lots Owners of unimproved lots shall pay fifty percent (50%) of the then existing full maintenance charge and assessment for each Lot owned by them unless and until a residential structure •has been built thereon and is occupied, in whole or part, whether by tenants or homeowners. Thereafter, commencing on the first day of the next succeeding calendar month, the full maintenance charge then assessed shall become applicable. It shall be the duty of each owner to notify the Association at the a 'residence has been permitted to be occupied. Section 9. Class A members who own an unimproved lot or lots adjacent to their improved lot may elect to treat the unimproved lot or lots as part of their improved lot, in which case the Class A member shall pay a total of one monthly maintenance assessment fee for their improved lot and adjacent lot or lots. The Owner is responsible for all maintenance of their unimproved lots. Section 10. Unimproved Lot Maintenance Class A Members with an Unimproved Lot(s) and all Class B Members shall be responsible for the maintenance and upkeep of their respective Unimproved - 7 - VOL 1171_PAGE 430 Lot(s). The owners of Unimproved Lot(s) are responsible for the cost of said maintenance and upkeep of their Lot(s) . If the Board of Directors determines that an Unimproved Lot(s) is, in their opinion, not being maintained, the Board of Directors will notify the Owner, in writing, of a maintenance deficiency. If, at the end of thirty days from notice, the Owner has not corrected the maintenance problem, The Board of Directors may, at their option, have the necessary maintenance performed and billed to the Owner. Section 11. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of fifteen percent (15%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. Section 12. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which, became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 7.3 FvarrntP,- ', ,-4-v All 1","^".r,-}{pc tr -- accepted by, a local public authority and all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Texas shall be exempt from the assessments created herein. However, no land or improvements devoted to dwelling use shall be exempt from said assessments. ARTICLE V ARCHITECTURAL CONTROL Section 1. No building, fence, wall or other structure shall - 8 - vo.1171 PAGE 431 r be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. Said architectural committee shall approve the color and installation of all storm doors and window coverings and enforce the,compliance of all owners to use such materials and fabrics that will blend in with the decor and tones of the Properties. Section 2. All structures commenced, erected or maintained upon the properties shall be built of a brick construction and in compliance with Section 1 of Article V. Fences are not allowed on the front side of any lot. Any fence constructed must be on the side and/or back of a lot. Only wood fences will be allowed. A wall of brick construction may be used on the front of a lot constructed so as to blend in with other existing walls on 1.1.c ARTICLE VI GENERAL PROVISIONS Section 1. enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law, or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be VOL 1171 PACE 432 - 9 T. deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20). year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot owners. Any amendment must be recorded. IN WITNESS WHEREOF, the undersigned, being the Declarant ' herein, has hereunto set its hand and seal this the O 4'M day of 1T44IIJAAY , 1990. Signature property Description /' /. ;7 % l-�', //''/jam!a/ Lot 3 C. 7/ is McMath Jr. _ 71/ ��1 i/1� Lot 3 Ruth nn MtMath, , C ,cit Z"+:-'j � G7=C---(�,2) Lot 2 Judy Watkins F ne= udx-Gie -nsch 0Q4:• _ sPlIki Lot 2 William James Watkins /7 r.--,,,,,, l-4 ' �wr�r Lot 34 mes U. McNeal „00,,, --2 e---,-I/-L-,,,--,--)4.--CDLot 33 es) A. Luscombe!r. �, ,:>_,c (- /f„/. <AL4L--/ Lot 33 Rosemary Lugcombe -41 h. 91/ Lot 12 S d�ra C. Skagg �� "`"�Y „/ Lot 12 Ronald L. Skaggs �� _n/' //-62�j q fiLot 13 Angel Neville - 10 - . VOL 1171PAGc 433 I Southw st S in Association by ' Lots 1, 4, 5, 6, 7, 8, 9, Dean A. Lowe, Vice Preside/it 10, 11, 14, 30, 31, 32 and Blockl THE STATE OF TEXAS COUNTY OF BRAZOS Tlis instrument was acknowledged before me on the ' day of (JlThi�1 , 1990 by C. Wallis McMath Jr.. Ruth Ann McMath. ;lady Wins, William James Watkins. and James U. McNeal itest?,‘ BECKY AUTREY I Notary` •ublic= r'ate of Texas 3•: I MY COMMISSION ExPIRE3 � til;s ar# March 20, 1993 I" Notary's Printed Na e My Commission Expires: '— THE STATE OF TEXAS COUNTY OF BRAZOS V-s instrument was acknowledged before me on the 5 day of 01131/ , 1990 by Dean A. Lowe, Vice President of Southwest avings/ ssociation a Texas Association on behalf of said Associa ion 1 / /' 6 I .45 ;,\ BECKY AUTREY otary Public, S to of Texas •' '^F MY COMMISSION E'xPIRES „;r March 20,1993 4 ''_ 11. Notary'- Printed Na e My Commission Expires:3l Q0/9 THE STATE OF T XAS COUNTY OF S Dallas This instrument was acknowledged before me on the 30th day of January , 1990 by Ronald L. SVatsgS and Sondra r, S Laooc Nutt.York 1,4,...*!.7- .1•I Nota'aPuhh�.StateetTexast Notary Pub c, State of Texas r. Pt,Comm Expves 9/25/93�.'7'i.;.. R t)T D>eK - - - - - - - -- - - - -J Notary's Printed Name My Commission Expires: 9b1/93 THE STATE OF TEXAS COUNTY OF 111122=11rtarl-l- This instrument was acknowledged before me on the at 5 day of clnr,,tar , 1990 by Any 1a NQu ; lle 1 1 l•..t�1A 0.- faw.b/^ntAti Notary's Printed Name.'" Notary Public, State ofaTexas - 11 - 41:;;'''.:�LIIJD,R.FAMBROUGH e NOTARY PUBLIC My Commission Expires: a$ q 3 ` VOL 11.71 PACE 434 . STATE OF TEXAS // o� M Comm.Expires 1-29.93 441.41A644144044 00440 a* THE STATE OF TEXAS COUNTY OF BRAZOS r IThis instrument was acknowledged before me on the day of ff•boWt-1 , 1990 by James A. Luscombe. Jr. and Rosemary Luscombe 'u I. / 7 . ,'.. ••,, LINDA D.PORTERFIELD j � Notary Public, Sta of Texas Qv APRIL 2 1993 /n i(A 6. Pi( 1 el c:e.r/k_ Notary's Printed Name My Commission Expires: 11/2/93 THE STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the day of , 1990 by Notary Public, State of Texas Notary's Printed Name My Commission Expires: • • - 12 - VOL 1171 nor 435 1__