Transcription
DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTSFORQUAIL RIDGE ESTATES, PHASE II, SECTION 1Page 1 of 60
Table of ContentsBACKGROUND STATEMENT . 6ARTICLE I - DEFINITIONS. 7ARTICLE II - COMMON PROPERTY. 102.01. Conveyance of Common Property . 102.02. Right of Enjoyment. . 102.03. Rights of the Association. . 112.04. Conveyance of Common Property by Declarant to Association. . 122.05. Types of Common Property. . 122.06. Delegation of Use. 122.07. Maintenance and Other Common Expenses. . 12ARTICLE III - QUAIL RIDGE ESTATES HOMEOWNERS ASSOCIATION . 143.01. Purposes, Powers and Duties of the Association. 143.02. Membership in the Association. . 143.03. Voting Rights. . 143.04. Board of Directors. . 153.05. Suspension of Membership Rights. . 153.06. Termination of Membership. . 153.07. Voting Procedures. . 153.08. Control by Declarant. . 16ARTICLE IV - ASSESSMENTS . 174.01Covenant for Assessments and Creation of Lien and Personal Obligation. . 174.02Purpose of Assessment. . 184.03Accumulation of Funds Permitted. . 184.04Annual Assessment. . 184.05Special and Parcel Assessments. . 194.06Assessment Procedure. . 204.07Uniform Rate of Assessment. . 204.08Contribution by Declarant. . 214.09Effect of Non-payment of Assessments. . 214.10Certificate of Payment. . 214.11Approval by Declarant. . 214.12Specific Assessments. . 21ARTICLE V - ARCHITECTURAL CONTROL. 235.01Architectural Control Committee — Creation and Composition. . 23Page 2 of 60
5.02Purpose, Powers and Duties of the ACC. . 235.03Officers, Subcommittees and Compensation. . 235.04Operations of the ACC. 245.05Design Standards, . 255.06Submission of Plans and Specifications. . 265.07Approval of Plans and Specifications. . 265.08Disapproval of Plans and Specifications. 275.09Obligation to Act. . 275.10Inspection Rights. . 275.11Violations. . 285.12Certification of Compliance. . 285.13Fees. . 285.14Nondiscrimination by ACC. . 295.15Disclaimer as to ACC Approval. 295.16Modification Committee. . 29ARTICLE VI - GENERAL COVENANTS AND RESTRICTIONS . 316.01Application. 316.02Restriction of Use. . 316.03Resubdivision of Property. . 316.04Erosion Control. . 316.05Landscaping. . 326.06Existing Trees. . 326.07Temporary Buildings. . 336.09Prefabricated Structures. . 336.10Signs. . 336.11Set-backs. . 346.12Retaining Walls and Fences. 346.13Roads and Driveway. . 356.14Antennae, Etc. . 356.15Clotheslines, Garbage Cans, Etc., . 366.16Maintenance. . 366.17Commercial and Recreational Vehicles and Trailers. . 366.18Recreational Equipment. 376.19Non-Discrimination. 376.20Animals. . 37Page 3 of 60
6.21Trash and Rubbish Removal. . 386.22Reasonable Enjoyment. . 386.23Chimney Stacks. . 386.24Exterior Surfaces. . 386.25Roofing. . 396.26Driveways. 396.27Pool and Spa Equipment. . 396.28Mailboxes. . 406.29Oil and Mining Operations. . 406.30Commercial Use. . 406.31Septic Tanks. . 406.32Declarant’s Rights during Development Period. . 406.33Builder Rights. . 406.34Construction Work. . 416.35Electrical, Telephone and Other Utility Lines. . 416.36Window Coolers. . 416.37Minimum Home Size. 416.38Garages. . 41ARTICLE VII - EASEMENTS, ZONING AND OTHER RESTRICTIONS . 427.01. Easements . 427.02. Easement Area. . 437.03. Entry. . 437.04. Zoning and Private Restrictions. . 43ARTICLE VIII - ENFORCEMENT . 458.01Right of Enforcement. . 458.02Rights of Abatement. . 458.03Specific Performance. 468.04Collection of Assessments and Enforcement of Lien. 468.05No Waiver. . 47ARTICLE IX - DURATION AND AMENDMENT . 489.01Duration. . 489.02Amendments by Declarant. . 489.03Amendments by Association. 49ARTICLE X - ANNEXATION AND FUTURE DEVELOPMENT . 5010.01 Annexation. 50Page 4 of 60
10.02 Future Development. . 50ARTICLE XI - MISCELLANEOUS . 5111.01 No Reverter. . 5111.02 Severability. . 5111.03 Headings. . 5111.04 Gender. . 5111.05 Notices. . 5111.06 No Liability. . 5111.07 Insurance. . 5211.08 Indemnification and Hold Harmless. 53ARTICLE XII - MORTGAGEE PROVISIONS . 5512.01 Notices of Action. 5512.02 Special FHLMC Provision. . 5512.03 No Priority. . 5612.04 Notice to Association. 5612.05 Amendment by Board. . 5612.06 Veterans Administration Approval. . 5612.07 Applicability of Article XII. . 5712.08 Failure of Mortgagee to Respond. . 57ARTICLE XIII - CONDEMNATION . 5813.01 Condemnation or Other Governmental Taking. . 5813.02 Condemnation of Lots. . 59Page 5 of 60
DECLARATIONOF COVENANTS, RESTRICTIONS AND EASEMENTSFOR QUAIL RIDGE ESTATES, PHASE II, SECTION 1THIS DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FORQUAIL RIDGE ESTATES, PHASE II, SECTION 1 (the "Declaration") is madeeffective as of the 30 day of May, 1997, by NGH QUAIL RIDGE, LTD.; a Texaslimited partnership (hereinafter referred to as "Declarant").BACKGROUND STATEMENTDeclarant is the owner of certain real property in Tarrant County, Texas, which is moreparticularly described on Exhibit "A" attached hereto and made a part hereof.Declarant intends to develop on lands, including, but not limited to. the real propertydescribed above, a development to be known as Quail Ridge Estates, Phase II,Section 1 (hereinafter referred to as the "Development"). Declarant intends by thisDeclaration to impose mutually beneficial restrictions under a general plan ofimprovement for the benefit of all owners of residential property within theDevelopment by the recording of this Declaration and amendments thereto. Declarantdesires to provide a flexible and reasonable procedure for the overall development ofthe Development. Declarant also desires to establish a method for the administration,maintenance, preservation, uses and enjoyment of the property that is now orhereafter subjected to this Declaration and certain other properties described in thisDeclaration.Declarant has caused the Association to be formed as a Texas non-profit corporationto perform certain functions for the common good and general welfare of the Owners(as hereinafter defined).Declarant hereby declares that all of the real property described above shall be held,sold and conveyed subject to this Declaration, which is for the purpose of enhancingand protecting the value, desirability and attractiveness of the Property (as hereinafterdefined). The Covenants, Restrictions and Easements set forth herein shall run withthe Property, and shall be binding on all parties having or acquiring any right, title orinterest in the Property or any part thereof, and shall, subject to the limitations hereinprovided, inure to the benefit of each Owner, his heirs, grantees, distributes, legalrepresentatives, successors, and assigns, and to the benefit of the Association.Page 6 of 60
ARTICLE IDEFINITIONSThe following words, when used in this Declaration, shall have the following meanings;1.01Association. "Association" means Quail Ridge Estates HomeownersAssociation, Inc. Homeowners Association, Inc., a Texas non-profit corporationorganized under the Texas Non-Profit Corporation Act, its successors andassigns.1.02Board. "Board" means the Board of Directors of the Association.1.03Bylaws. "Bylaws" means the Bylaws of the Association.1.04Commencement Date. "Commencement Date" means the date on which thefirst Residence (as hereinafter defined) is sold to a third party other thanDeclarant or the builder of such Residence.1.05Common Property. "Common Property" means all real property (together withany and all improvements now or hereafter located thereon) owned by theAssociation or in certain instances over which the Association has been grantedpermanent easements, for the common use and enjoyment of the Owners, asset out in Article II herein.1.06Declarant. "Declarant" means NGH Quail Ridge, Ltd., a Texas limitedpartnership qualified to do business in the State of Texas, and its successorsand assigns, provided any such successors or assigns shall acquire for thepurpose of development or sale all or any portion of the remaining undevelopedor unsold portions of the real property described in Exhibit "A", or the realproperty which is intended to become part of the Development, and providedfurther, in the instrument of conveyance to any such successor or assign, suchsuccessor or assign is designated as the "Declarant" hereunder by the grantorof such conveyance, which grantor shall be the "Declarant" hereunder at thetime of such conveyance; provided, further, upon such designation of successorDeclarant, all rights and obligations of the former Declarant in and to suchstatus as "Declarant" hereunder shall cease, it being understood that as to all ofthe property described in Exhibit "A" attached hereto, and which is now orhereafter subjected to this Declaration, there shall be only one person or legalentity entitled to exercise the rights and powers of the "Declarant" hereunder atany one time.1.07Development-Wide Standard. "Development-Wide Standard" shall mean thestandard of conduct, maintenance or other activity generally prevailing in theDevelopment. Such standard may be more specifically determined by the Boardand by committees required or permitted to be established pursuant to thePage 7 of 60
Declaration and Bylaws. Such determination, however, must be consistent withthe Development-Wide Standard originally established by the Declarant.1.08Lot. "Lot" means any parcel of land shown upon a subdivision plat recorded inthe Plat Records of Tarrant County, Texas, covering any portion of the Property;provided, however, that no portion of the Common Property shall ever be a Lotexcept as provided in Section 2.05.1.09Member. "Member" means any member of the Association.1.10Membership. "Membership" means the collective total of all Members of theAssociation.1.11Occupant. "Occupant" shall mean any person occupying all or any portion of aResidence located within the Development for any period of time, regardless ofwhether such Person is a tenant, guest, or the Owner of the Residence.1.12Owner. "Owner" means the record owner (including Declarant), whether one ormore persons or entities, of fee simple title to any Lot; provided, however, thatwhere fee simple title has been transferred and is being held merely as securityfor the repayment of a loan, the person or entity who would own the Lot in feesimple if such loan were paid in full shall be considered the Owner.1.13Parcel. "Parcel" shall mean and refer to separately designated residentialareas comprised of various types of housing initially or by annexation madesubject to this Declaration. For example, and by way of illustration and notlimitation, a condominium development, a townhouse development, anapartment complex, and a single family detached home subdivision may all bedesignated as separate Parcels. If separate Parcel status is desired for a givenresidential area, the Declarant shall designate such area as a Parcel in anamendment to this Declaration. In the absence of specific designation ofseparate Parcel status, all property made subject to this Declaration shall beconsidered a part of the same Parcel. The Board may also grant Parcel statusto any area if so requested in writing by the Owners holding at least seventy-fivepercent (75%) of the total votes entitled to vote thereon in such area.1.14Property. "Property" means that certain real property described on Exhibit "A"attached hereto together with such additional real property as may be subjectedto the provisions of this Declaration in accordance with the provisions of ArticleX hereof.1.15Residence. "Residence" shall mean a Structure situated upon a Lot intendedfor independent use and occupancy as a residence for a single family. Astructure situated on a Lot shall not become a Residence until a certificate ofoccupancy shall have been issued by the appropriate governmental authoritiesas a prerequisite to the occupancy of such Residence and until the Lot andstructure located thereon shall have been conveyed to a third party other thanthe builder thereof unless the builder intends to use the structure as his or herPage 8 of 60
primary residence. The Owner of a Residence shall notify the Association or itsdesignee immediately upon issuance of a certificate of occupancy for theResidence.1.16Restrictions. "Restrictions" means all covenants, restrictions, easements,charges, liens and other obligations created or imposed by this Declaration.1.17Structure. "Structure" means;a) anything or object the placement of which upon any Lot may affect theappearance of such Lot, including by way of illustration and not limitation,any building or part thereof, garage, porch, shed, greenhouse or bathhouse,coop or cage, covered or uncovered patio, swimming pool, dock, fence,curbing, paving, wall, tree, shrub (and all other forms of landscaping), sign,signboard, temporary or permanent living quarters (including any housetrailer) or any other temporary or permanent improvement to such Lot;b) Any excavation, grading. fill, ditch, diversion dam or other thing or devicewhich affects or alters the natural flow of surface waters from, upon oracross any Lot, or which affects or alters the flow of any waters in anynatural or artificial creek, stream, wash or drainage channel from, upon oracross any Lot; andc) Any change in the grade at any point on a Lot of more than six (6) inches,whether or not subsection (b) of this Section 1.17 applies to such change.Page 9 of 60
ARTICLE II COMMON PROPERTY2.01. Conveyance of Common Propertya) The Declarant may from time to time convey to the Association or granteasements to the Association, at no expense to the Association and inaccordance with this Section, real and personal property for the commonuse and enjoyment of the Owners of Residence (such real and personalproperty is hereinafter collectively referred to as "Common Property") and, tothe extent set forth in this Declaration, the general public. The Associationhereby covenants and agrees to accept from the Declarant all suchconveyances of Common Property,b) It is contemplated by the Declarant that the Declarant will convey to theAssociation Common Property for access, ingress and egress of bothvehicular traffic and pedestrians, as well as for landscaping and securitypurposes. The Declarant may, at Declarant’s sole discretion, modify, alter,increase, reduce and otherwise change the Common Property (or the use tobe made thereof) contemplated to be conveyed to the Association inaccordance with this subsection (b) of this Section 2.01 at any time prior toconveyance of such Common Property to the Association.c) In addition to the property described in subsection (b) of this Section 2.01,the Declarant may convey to the Association in accordance with this Section2.01 such other real and personal property as the Declarant may determineto be necessary or proper for the completion of the Development.d) Notwithstanding any legal presumption to the contrary, the fee title to, and allrights in any portion of the Property owned by the Declarant and designatedas Common Property or designated for public use shall be reserved to theDeclarant until such time as the same shall be conveyed to the Associationor to any municipality or other governmental body, agency or authority.2.02. Right of Enjoyment.Every Owner of a Residence shall have a right and easement to use the CommonProperty, which right shall be appurtenant to and shall pass with the title to every Lotupon transfer; provided, however, that no Owner shall do any act which interferes withthe free use and enjoyment of the Common Property by all other Owners. TheAssociation may permit persons who are not Owners of Residences to use part of allof the Common Property subject to such limitations, and upon such terms andconditions, as it may from time to time establish. The right and easement of enjoymentgranted or permitted by this Section 2.02 is subject to suspension by the Associationas provided in Sections 2.03(e) and 3.05Page 10 of 60
2.03. Rights of the Association.The rights and privileges conferred in Section 2.02 hereof shall be subject to the right.and where applicable, the obligation, of the Association acting through the Board to:(a) promulgate rules and regulations relating to the use, operation andmaintenance of the Common Property;(b) borrow money for the purpose of carrying out the activities of theAssociation, including the acquisition, construction, improvements, equippingand maintenance of Common Property, and in aid thereof to encumber bydeed of trust, mortgage or other security interest any or all of theAssociation’s property including Common Property and revenues fromassessments, user fees and other sources; and provided, however, that,during the period when the Declarant has the right to appoint members ofthe Board, the Association shall not grant or convey V to anyone anymortgage, deed of trust or other security interest on or in Common Propertyconstituting real estate without approval by Declarant and a two-thirds(2/3rds) vote of the Members who are present in person or by proxy andvoting at a meeting of Members duly held in accordance with the Bylaws ofthe Associ
page 1 of 60 declaration of covenants, restrictions and easements for quail ridge estates, phase ii, section 1
