Rolling Meadows Homeowners Association

Declarations of Covenants, Conditions, & Restrictions

Rolling Meadows No. One, Townhouse Addition, Association, Inc.

THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT

THIS DECLARATION, MADE ON THE DATE HEREINAFTER SET FORTH BY CORPORATION, HEREINAFTER REFERRED TO AS “DECLARANT”,

WITNESSETH:

WHEREAS, DECLARANT IS THE OWNER OF CERTAIN PROPERTY IN THE CITY OF ARLINGTON, COUNTY OF TARRANT, STATE OF TEXAS, KNOWN AS ROLLING MEADOWS NO. ONE, TOWNHOUSE ADDITION, AND WHICH IS MORE PARTICULARLY DESCRIED AS FOLLOWS:

A TRACT OF LAND CONTAINING 8.9 ACRES OF LAND DESCRIBED AS TRACT A, BLOCK 2, ROLLING MEADOWS, THE FIRST INSTALLMENT OF AN ADDITION TO THE CITY OF ARLINGTON,
TARRANT COUNTY, TEXAS, LOCATED EAST OF MERRYWOOD PLACE AND SOUTH OF MAYFIELD ROAD IN ARLINGTON, TARRANT COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED AS ROLLING MEADOWS NO. ONE, TOWNHOUSE ADDITION CONSISTING OF LOTS 1 THRU 16, IN BLOCK 2A, LOTS 1 THRU 34, IN BLOCK 2B, AND LOTS I THRU 28, IN BLOCK 20 AN ADDITION TO THE CITY OF ARLINGTON TARRANT COUNTY, TEXAS, ACCORDING TO A PLAT PREPARED BY JOHN R. BALL, JR., PROFESSIONAL ENGINEER, LICENSE 874, STATE OF TEXAS, DATED JULY 1, 1971.


WHEREAS, DECLARANT TO CERTAIN PROTECTIVE COVENANTS, LIENS AND CHARGES AS HEREINAFTER WILL CONVEY THE SAID PROPERTIES, SUBJECT CONDITIONS, RESTRICTIONS, RESERVATIONS, SET FORTH:

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, ALL OF WHICH ARE FOR THE PURPOSE OF ENHANCING AND PROTECTING THE VALUE, DESIRABILITY, AND ATTRACTIVENESS OF THE REAL PROPERTY. THESE EASEMENTS, COVENANTS RESTRICTIONS, AND CONDITONS SHALL BE BINDING ON ALL PARTIES HAVING OR ACQUIRING ANY RIGHT, TITLE OR INTEREST IN THE ABOVE DESCRIBED PROPERTIES OR ANY PART THEREOF, AND SHALL INURE T0 THE BENEFIT 0F EACH OWNER THEREOF.


ARTICLE 1

DEFINITIONS

SECTION 1. “ASSOCIATION” SHALL MEAN AND REFER TO ROLLING MEADOES NO. ONE, TOWNHOUSE ADDITION ASSOCIAITON, INC., ITS SUCCESSORS AND ASSIGNS.

SECTION 2. “PROPERTY” SHALL MEAN AND REFER TO THAT CERTAIN REAL PROPERTY HEREINBEFORE DESCRIBED.


SECTION 3. “LOT” SHALL MEAN AND REFER TO THAT PORTION OF ANY OF THE SEVENTY-EIGHT BUILDING LOCATIONS SHOWN UPON SAID PLAT AND ANY AMENDMENTS THERETO ON WHICH THERE IS OR WILL BE CONSTRUCTED A SINGLE FAMILY TOWNHOUSE.


SECTION 4. “MEMBER” SHALL MEAN AND REFER TO EVERY PERSON OR ENTITY WHO HOLDS MEMBERSHIP IN THE ASSOCIATION.


SECTION 5. “OWNER” SHALL MEAN AND REFER TO THE RECORD OWNER, WHETHER ONE OR MORE PERSONS OR ENTITIES, OF A FEE SIMPLE TITLE TO ANY LOTWHICH IS A PART OF THE PROPERTY, INCLUDING CONTRACT SELLERS, BUT EXCLUDING THOSE HAVE SUCH INTEREST MERELY AS SECURITY FOR TIE PERFORMANCE OF AN OBLIGATON.


SECTION 6. “DECLARANT SHALL MEAN AND REFER TO ATTACHED HOUSING, INC., A TEXAS CORPORATION.

ARTICLE II

MEMBERSHIP

EVERY PERSON OR ENTITY WHO IS A RECORD OWNER OF A FEE OR UNDIVIDED FEE INTEREST IN ANY LOT WHICH IS SUBJECT BY COVENANTS OF RECORD TO ASSESSMENT BY THE ASSOCIATION, INCLUDING CONTRACT SELLERS, SHALL BE A MEMBER OF THE ASSOCIATION. THE FORGOING IS NOT INTENDED TO INCLUDE PERSONS OR ENTITIES WHO HOLD AN INTEREST MERELY AS SECURITY FOR THE PERFORMANCE OR AN OBLIGATION. NO OWNER SHALL HAVE MORE THAN ONE MEMBERSHIP. MEMBERSHIP SHALL BE APPURTENANT TO AND MAY NOT BE SEPARATED FROM OWNERSHIP OR ANY LOT WHICH IS SUBJECT TO ASSESSMENT BY THE ASSOCIATION. OWNERSHIP OF SUCH LOT SHALL BE THE SOLE QUALIFICATION FOR MEMBERSHIP.


ARTICLE III

VOTING RIGHTS

THE ASSOCIATION SHALL HAVE TWO CLASSES OF VOTING MEMBERSHIPS:

CLASS A. CLASS A MEMBERS SHALL BE ALL THOSE OWNERS AS DEFINED IN ARTICLE II WITH THE EXCEPTION OF THE DECLARANT. CLASS A MEMBERS SHALL BE ENTITLED TO ONE VOTE FOR EACH LOT IN WHICH THEY HOLD THE INTEREST REQUIREDFOR MEMBERSHIP BY ARTICLE II. WHEN MORE THAN ONE PERSON HOLDS SUCH INTERESTIN 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 THE DECLARANT. THE CLASS B MEMBER SHALL BE ENTITLED TO THREE (3) VOTES FOR EACH LOT IN WHICH IT HOLDS THE INTEREST REQUIRED FOR MEMBERSHIP BY ARTICLE II, PROVIDED THAT THE CLASS B MEMBERSHIP SHALL CEASE AND BE CONVERTED TO CLASS A MEMBERSHIP ON THE HAPPENING OF EITHER OF THE FOLLOWING EVENTS, WHICHEVER OCCURS EARLIER:


(A) WHEN THE TOTAL VOTES OUTSTANDING IN THE CLASS A MEMBERSHIP EQUALS THE TOTAL VOTES OUTSTANDING IN THE CLASS B MEMBERSHIP, OR

(B) TWO YEARS FROM THE DATE HEREOF.

ARTICLE IV


COVENANT FOR MAINTENANCE ASSESSMENTS


SECTION 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS. THE DECLARANT, FOR EACH LOT OWNED WITHIN TIE PROPERTY, HEREBY COVENANTS, AND EACH OWNER OF ANY LOT BY ACCEPTANCE OF A DEED THEREFOR, WHETHER OR NOT IT SHALL BE SO EXPRESSED IN ANY SUCH DEED OR OTHER CONVEYANCE, IS DEEMED TO COVENANT AND AGREE TO PAY TO THE ASSOCIATIONS (1) MONTHLY ASSESSMENTS OR CHARGES, AND (2) SPECIAL ASSESSMENTS FOR UNEXPECTED REPAIROR REPLACEMENT, SUCH ASSESSMENTS TO BE FIXED~ ESTABLISHED, AND COLLECTEDFROM TIME TO TIME AS HEREINAFTER PROVIDED. THE MONTHLY AND SPECIAL ASSESSMENTS, TOGETHER WITH SUCH INTEREST THEREON AND COSTS OF COLLECTION THEREOF, AS HEREINAFTER PROVIDED, 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 SUCH INTEREST, COSTS, AND REASONABLE ATTORNEY’S FEES SHALL ALSO BE THE PERSONAL OBLIGATION OF THE PERSON WHO WAS THE OWNEROF SUCH PROPERTY AT THE TIME WHEN THE ASSESSMENT FELL DUE. THE PERSONAL
OBLIGATION SHALL NOT PASS TO HIS SUCCESSORS IN TITLE UNLESS EXPRESSLY ASSUMED BY THEM.

SECTION 2. PURPOSE OF ASSESSMENTS. THE ASSESSMENTS LEVIED BY THE ASSOCIATION SHALL BE USED EXCLUSIVELY FOR THE PURPOSE OF MAINTAINING FRONTAND SIDE YARDS, MAINTAINING THE EXTERIOR OF ALL BUILDINGS, INCLUDING THE ROOFS, AND PROMOTING THE WELFARE OF THE RESIDENTS.

SECTION 3. 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 THATYEAR ONLY, FOR THE PURPOSE OF DEFRAYING, IN WHOLE OR IN PART, THE COST OF AN UNEXPECTED REPAIR OR REPLACEMENT, PROVIDED THAT ANY SUCH ASSESSMENT SHALL HAVE THE ASSENT OF TWO—THIRDS (2/3) OF THE VOTES OF EACH CLASS OF MEMBERS WHO ARE VOTING IN PERSON OR BY PROXY AT A MEETING DULY CALLED FOR THIS PURPOSE, WRITTEN NOTICE OF WHICH SHALL BE SENT TO ALL MEMBERS NOT LESS THAN 30 DAYS NOR MORE THAN 60 DAYS IN ADVANCE OF THE MEETING SETTING FORTH THE PURPOSE OF THE MEETING.

SECTION 4. UNIFORM RATE OF ASSESSMENT. BOTH MONTHLY AND SPECIAL ASSESSMENTS MUST SE FIXED AT A UNIFORM RATE FOR ALL LOTS AND MAY BE COLLECTED ON A MONTHLY BASIS WITH EACH LOT OWNER PAYING AN AMOUNT EQUAL TO THAT PAID BY EACH OF THE OTHER LOT OWNERS.

SECTION 5. DATE OF COMMENCEMENT OF MONTHLY ASSESSMENTS: DUE DATES. THE MONTHLY ASSESSMENTS PROVIDED FOR HEREIN SHALL COMMENCE, AS TO THAT LOT, ON THE FIRST DAY OF THE MONTH FOLLOWING THE CONVEYANCE OF SAID LOT.

SECTION 6. EFFECT OF NONPAYMENT OF ASSESSMENTS; REMEDIES OF THE ASSOCIATION. ANY ASSESSMENTS WHICH ARE NOT PAID WHEN DUE SHALL BE DELINQUENT. IF THE ASSESSMENT IS NOT PAID WITHIN THIRTY (30) DAYS AFTER THE DUE DATES THE ASSESSMENT SHALL BEAR INTEREST FROM THE DATE OF DELINQUENCY AT THE RATE OF 6 PERCENT (6%) PER ANNUM, AND THE ASSOCIATION MAY BRING AN ACTION AT LAW AGAINST TIE OWNER PERSONALLY OBLIGATED TO PAY THE SAME, OR FORECLOSE THE LIEN AGAINST THE PROPERTY, AND INTEREST, COSTS, AND RESONABLE ATTORNEY’S FEES OF ANY SUCH ACTION SHALL BE ADDED TO THE AMOUNT OF SUCH ASSESSMENT. EACH SUCH OWNER BY HIS ACCEPTANCE OF A DEED TO A LOT, HEREB EXPRESSLY VESTS IN THE ROLLING MEADOWS NO. ONE, TOWNHOUSE ADDITION ASSOCIATION, INC. OR ITS AGENTS THE RIGHT AND POWER TO BRING ALL ACTIONS AGAINST SUCH OWNER PERSONALLY FOR THE COLLECTION OF SUCH CHARGES AS A DEBT AND TO ENFORCE THE AFORESAID LIEN BY ALL METHODS AVAILABLE FOR THE ENFORCEMENT OF SUCH LIENS, INCLUDING FORECLOSURE BY AN ACTION BROUGHT IN THE NAME OF THE ASSOCIATION IN A LIKE MANNER AS A MORTGAGE OR DEED OF TRUST LIEN ON REAL PROPERTY, AND SUCH OWNER HEREBY EXPRESSLY GRANTS TO THE ASSOCIATION A POWER OF SALE IN CONNECTION WITH SAID LIEN. THE LIEN PROVIDED FOR IN THIS SECTION SHALL BE IN FAVOR OF THE ASSOCIATION AND SHALL BE FOR THE BENEFIT OF ALL OTHER LOT OWNERS. NO OWNER MAY WAIVE OR OTHERWISE ESCAPE LIABILITY FOR THE ASSESSMENTS PROVIDED FOR HEREIN BY ABANDONMENT OF HIS LOT.

SECTION 7. SUBORDINATION OF THE LIEN TO MORTGAGES. THE LIEN OF THE ASSESSMENTS PROVIDED FOR HEREIN SHALL BE SUBORDINATE TO THE LIEN OF ANY MORTGAGE OR MORTGAGES. SALE OR TRANSFER OF ANY LOT SHALL NOT AFFECT THE ASSESSMENT LIEN. HOWEVER, THE SALE OR TRANSFER OF ANY LOT WHICH IS SUBJECT TO ANY MORTGAGEE PURSUANT TO A DECREE OF FORECLOSURE UNDER SUCH MORTGAGE OR ANY PROCEEDING IN LIEU OF FORECLOSURE THEREOF, SHALL EXTINGUISH THE LIEN OP SUCH ASSESSMENTS AS TO PAYMENTS THEREOF 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 8. MANAGEMENT AGREEMENTS, EACH OWNER OF A LOT HEREBY AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF ALL MENAGEMENT AGREEMENTS ENTERED INTO BY THE ASSOCIATION. A COPY OF ALL SUCH AGREEMENTS SHALL BE AVAILABLE TO EACH OWNER.

SECTION 9. INSURANCE. THE BOARD OF DIRECTORS, OR ITS DULY AUTHORIZED AGENT, SHALL HAVE THE AUTHORITY TO AND SHALL OBTAIN INSURANCE FOR EACH TOWNHOUSE UNLESS THE OWNERS THEREOF HAVE SUPPLIED PROOF OF ADEQUATE COVERAGE TO THE BOARD DIRECTORS’ COMPLETE SATISFACTION, AGAINST LOSS OR DAMAGE BY FIRE OR OTHER HAZARDS IN AN AMOUNT SUFFICIENT TO COVER THE FULL REPLACEMENT COST OF ANY REPAIR OR RECONSTRUCTION WORK IN THE EVENT OF DAMAGE OR DESTRUCTION FROM ANY HAZARD. INSURANCE ON SAID TOWNHOUSES OBTAINED BY THE BOARD OF DIRECTORS SHALL BE WRITTEN IN THE NAME OF THE ASSOCIATION AS TRUSTEE FOR EACH OF THE TOWNHOUSE OWNERS. PREMIUMS FOR INSURANCE OBTAINED BY THE BOARD OF DIRECTORS ON INDIVIDUAL TOWNHOUSES SHALL BE AN EXPENSE OF THE SPECIFIC TOWNHOUSE OR TOWNHOUSES SO COVERED AND A DEBT OWED BY THE OWNERS, AND SHALL BE COLLECTIBLE BY ANY LAWFUL PROCEDURE PERMITTED BY THE LAWS OF THE SATE OF TEXAS. IN ADDITION, IF SAID DEBT IS NOT PAID WITHIN TWENTY (20) DAYS AFTER NOTICE OF SUCH DEBTS SUCH AMOUNT SHALL AUTOMATICALLY BECOME A LIEN UPON SUCH OWNERS LOT AND TOWNHOUSE AND SHALL CONTINUE TO BE SUCH LIEN UNTIL FULLY PAID. THIS LIEN SHALL BE SUBORDINATE TO THE LIEN OF ANY FIRST MORTGAGEE AND SHALL BE ENFORCEABLE IN THE SAME MANNER AS ANY LIEN CREATED BY FAILURE TO PAY THE MAINTENANCE ASSESSMENTS. IN THE EVENT OF DAMAGE OR DESTRUCTION BY FIRE OR OTHER CASUALTY TO ANY PROPERTY COVERED BY INSURANCE WRITTEN IN THE NAME OF THE ASSOCIATION, THE BOARD OF DIRECTORS SHALL, WITH CONCURRENCE OF THE MORTGAGEE, IF ANY, UPON RECEIPT OF THE INSURANCE PROCEEDS, CONTRACT TO REBUILD OR REPAIR SUCH DAMAGED OR DESTROYED PORTIONS OF THE PROPERTY TO AS GOOD CONDITION AS FORMERLY. IN THE EVENT THE INSURANCE PROCEEDS ARE INSUFFICIENT TO PAY ALL THE COSTS OF REPAIRING AND/OR REBUILDING TO THE SAME CONDITION AS FORMERLY, THE BOARD 0F DIRECTOR SHALL LEVY A SPECIAL ASSESSMENT AGAINST ALL OWNERS OF THE DAMAGED TOWNHOUSE IN SUCH PROPORTIONS AS THE BOARD OF DIRECTORS DEEM FAIR AND EQUITABLE IN THE LIGHT OF THE DAMAGE SUSTAINED BY SUCH TOWNHOUSES TO MAKE UP ANY DEFICIENCY IN THE EVENT SUCH INSURANCE PROCEEDS EXCEED THE COST OF REPAIR AND RECONSTRUCTION, SUCH EXCESS SHALL BE PAID OVER TO THE RESPECTIVE MORTGAGEE AND OWNERS 0F THE DAMAGED TOWNHOUSES AS THEIR INTEREST MAY THEN APPEAR. IN THE EVENT OF DAMAGE OR DESTRUCTION BY FIRE OR OTHER CASUALTY TO ANY TOWNHOUSE COVERED BY INSURANCE WRITTEN IN THE NAME OF AN INDIVIDUAL OWNER, SAID OWNER, SHALL, WITH CONCURRENCE OF THE MORTGAGEE, IF ANY, UPON RECEIPT OF THE INSURANCE PROCEEDS, CONTRACT TO REPAIR OR REBUILD SUCH DAMAGED OR DESTROYED PORTIONS OF SAID TOWNHOUSE IN A GOOD WORKMANLIKE MANNER IN CONFORMANCE WITH THE ORIGINAL PLANS AND SPECIFICATIONS OF SAID TOWNHOUSE. IN THE EVENT SUCH OWNER REFUSES OR FAILS TO SO REPAIR AND REBUILD ANY AND ALL SUCH DAMAGE TO SAID TOWNHOUSE WITHIN THIRTY (30) DAYS, THE ASSOCIATION, BY AND THROUGH ITS BOARD OF DIRECTORS, IS HEREBY IRREVOCABLY AUTHORIZED BY SUCH OWNER TO REPAIR AND REBUILD SAID TOWNHOUSE IN A GOOD AND WORKMANLIKE MANNER IN CONFORMANCE WITH THEIR ORIGINAL PLANS AND SPECIFICATIONS. TIE OWNER SHALL THEN REPAY THE ASSOCIATION IN THE AMOUNT ACTUALLY EXPENDED FOR SUH REPAIRS, AND THE ASSOCIATION SHALL HAVE A LIEN SECURING THE PAYMENT OF SAME IDENTICAL TO THAT PROVIDED ABOVE IN THIS SECTION SECURING THE PAYMENT OF INSURANCE PREMIUMS; AND SUBJECT TO FORECLOSURES AS ABOVE PROVIDED.

NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, IT IS FURTHER PROVIDED THAT THE REQUIREMENT FOR THE MAINTENANCE OF INSURANCE ON A TOWNHOUSE SHALL NOT APPLY TO ANY TOWNHOUSE ACQUIRED BY THE VETERANS’ ADMINISTRATION OR FEDERAL HOUSING ADMINISTRATION UNDER A MORTGAGE FORECLOSURE DURING THE PERIOD OF OWNERSHIP BY EITHER OF SAID VETERAN’S ADMINISTRATION OR FEDERAL HOUSING ADMINISTRATION.

ARTICLE V

BOARD OF DIRECTORS CONTROL

NO BUILDING, FENCE, WALL OR OTHER STRUCTURE SHALL BE COMMENCED, ERECTED OR MAINTAINED UPON ANY LOT AFTER THE PURCHASE 0F ANY LOT FROM DECLARANT, ITS SUCCESSORS OR ASSIGNS, 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 0F 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.


ARTICLE VI

EXTERIOR MAINTENANCE


THE ASSOCIATION SHALL PROVIDE EXTERIOR MAINTENANCE UPON EACH LOT WHICH IS SUBJECT TO ASSESSMENT HEREUNDER, AS FOLLOWS: PAINT, REPAIR, REPLACE AND CARE FOR ROOFS, EXTERIOR BUILDING SURFACES, AND ALL FRONT AND SIDE YARDS.



IN THE EVENT THAT THE NEED FOR MAINTENANCE OR REPAIR IS CAUSED THROUGH THE WILLFUL OR NEGLIGENT ACT OF THE OWNER, HIS FAMILY, OR GUESTS, OR INVITEES, AND NOT COVERED OR PAID FOR BY INSURANCE 0N SUCH LOT, THE COST OF SUCH MAINTENANCE OR REPAIRS SHALL BE ADDED TO AND BECOME A PART OF THE ASSESSMENT TO WHICH SUCH LOT IS SUBJECT.

ARTICLE VII

USE RESTRICTIONS


SECTION 1. SAID PROPERTY IS HEREBY RESTRICTED TO RESIDENTIAL DWELLINGS FOR RESIDENTIAL USE. ALL BUILDINGS OR STRUCTURES ERECTED UPON SAID PROPERTY SHALL BE OF NEW CONSTRUCTION AND NO BUILDINGS OR STRUCTURES SHALL BE MOVED FROM OTHER LOCATIONS ONTO SAID PROPERTY AND NO SUBSEQUENT BUILDINGS OR STRUCTURES OTHER THAN TOWNHOUSE APARTMENT BUILDINGS, BEING SINGLE FAMILY TOWNHOUSES JOINED TOGETHER BY A COMMON EXTERIOR ROOF AND FOUNDATION, SHALL BE CONSTRUCTED, NO STRUCTURES OF A TEMPORARY CHARACTER, TRAILER, BASEMENT, TENT, SHACK, GARAGE, BARN OR OTHER OUT BUILDING SHALL BE USED ON ANY PORTION OF SAID PROPERTY AT ANY TIME AS A RESIDENCE EITHER TEMPORARILY OR PERMANENTLY.

SECTION 2. EACH LOT SHALL BE CONVEYED AS A SEPARATELY DESIGNATED AND LEGALLY DESCRIBED FREEHOLD ESTATE SUBJECT TO THE TERMS, CONDITIONS AND PROVISIONS HEREOF.

SECTION 3. NOTWITHSTANDING ANY PROVISIONS HEREIN CONTAINED TO THE CONTRARY, IT SHALL BE EXPRESSLY PERMISSABLE FOR DECLARANT OR THE BUILDING OF SAID TOWNHOUSES TO MAINTAIN DURING THE PERIOD OF CONSTRUCTION AND SALE OF THE TOWNHOUSES, IN OR UPON SUCH PORTION OF THE PREMISES AS DECLARANT DEEMS NECESSARY, SUCH FACILITIES AS IN THE SOLE OPINION OF DECLARANT MAY BE REASONABLY REQUIRED, CONVENIENT OR INCIDENTAL TO THE CONSTRUCTICN AND SALE OF SAID TOWNHOUSES, INCLUDING, BUT WITHOUT LIMITATION, A BUSINESS OFFICE, STORAGE AREA, CONSTRUCTION YARDS, SIGNS, MODEL UNITS AND SALES OFFICE.

SECTION 4. NO ANIMALS, LIVESTOCK OR POULTRY OF ANY KIND SHALL BE RAISED, BRED OR KEPT ON ANY OF SAID LOTS, EXCEPT THAT DOGS, CATS OR OTHER HOUSEHOLD PETS MAY BE KEPT PROVIDED THAT THEY ARE NOT KEPT, BRED OR MAINTAINED FOR ANY COMMERCIAL PURPOSE.

SECTION 5. NO ADVERTISING SIGNS (EXCEPT ONE OF NOT MORE THAN FIVE SQUARE FEET “FOR RENT” OR “FOR SALE” SIGN PER PARCEL), BILLBOARDS, UNSIGHTLY OBJECT, OR NUISANCES SHALL BE ERECTED, PLACED OR PERMITTED TO REMAIN ON SAID PROPERTY, NOR SHALL SAID PROPERTY BE USED IN ANY WAY OR FOR ANY PURPOSE WHICH MAY ENDANGER THE HEALTH OR UNREASONABLY DISTURB THE OWNER OF ANY TOWNHOUSE OR ANY RESIDENT THEREOF. NO BUSINESS ACTIVITIES OF ANY KING WHATEVER SHALL BE CONDUCTED IN ANY BUILDING OR IN ANY PORTION OF SAID PROPERTY; PROVIDED, HOWEVER, THE FOREGOING COVENANTS SHALL NOT APPLY TO THE BUSINESS ACTIVITIES, SIGNS AND BILLBOARDS, OR THE CONSTRUCTION AND MAINTENANCE OF BUILDINGS, IF ANY, OF DEQLARANT, ITS AGENTS AND ASSIGNS DURING THE CONSTRUCTION AND SALE PERIOD.

SECTION. 6. ALL RUBBISH, TRASH, OR GARBAGE SHALL BE REGULARLY REMOVED FROM THE PREMISES, AND SHALL NOT BE ALLOWED TO ACCUMULATE THEREON.

SECTION 7. ALL FIXTURES AND EQUIPMENT INSTALLED WITHIN A TOWNHOUSE, COMMENCING AT A POINT WHERE THE UTILITY LINES, PIPES, WIRES, CONDUITS OR SYSTEMS ENTER THE EXTERIOR WALLS OF A TOWNHOUSE, SHALL BE MAINTAINED AND KEPT IN REPAIR BY THE OWNER THEREOF. AN OWNER SHALL DO NO ACT NOR ANY WORK THAT WILL IMPAIR THE STRUCTURAL SOUNDNESS OR INTEGRITY OF ANOTHER TOWNHOUSE OR IMPAIR ANY EASEMENT OR HEREDITEMENT, NOR DO ANY ACT NOR ALLOW ANY CONDITION TO EXIST WHICH WILL ADVERSELY AFFECT THE OTHER TOWNHOUSES OR THEIR OWNERS.

SECTION 8. NO ACTION SHALL AT ANY TIME BE TAKEN BY THE ASSOCIATION OR ITS BOARD OF DIRECTORS WHICH IN ANY MANNER WOULD DISCRIMINATE AGAINST ANY OWNER OR OWNERS IN FAVOR OF THE OTHER OWNERS.

ARTICLE VIII

EASEMENTS

SECTION 1. EACH TOWNHOUSE SHALL SE SUBJECT TO AN EASEMENT FOR ENCROACHMENTS CREATED BY CONSTRUCTION, SETTLING AND OVERHANDS, AS DESIGNED OR CONSTRUCTED BY THE DECLARANT. A VALID EASEMENT FOR SAID ENCROACHMENTS AND FOR THE MAINTENANCE OF SALE, SO LONG AS IT STANDS, SHALL AND DOES EXIST.

SECTION 2. THERE IS HEREBY CREATED A BLANKET EASEMENT UPON, ACROSS, OVER AND UNDER ALL OF SAID PROPERTY FOR INGRESS, EGRESS, INSTALLATION, REPLACING, REPAIRING AND MAINTAINING ALL UTILITIES, INCLUDING BUT NOT LIMITED TO WATER, SEWERS, GAS, TELEPHONES AND ELECTRICITY. BY VIRTUE OF THIS EASEMENT, IT SHALL BE EXPRESSLY PERMISSIBLE FOR THE PROVIDING ELECTRICAL AND/OR TELEPHONE COMPANY TO ERECT AND MAINTAIN THE NECESSARY POLES AND OTHER NECESSARY EQUIPMENT ON SAID PROPERTY AND TO AFFIX AND MAINTAIN ELECTRICAL AND/OR TELEPHONE WIRES, CIRCUITS AND CONDUITS ON, ABOVE, ACROSS AND UNDER THE ROOFS AND EXTERIOR WALLS OF SAID TOWNHOUSES. AN EASEMENT IS FURTHER GRANTED TO ALL POLICE, FIRE PROTECTION, AMBULANCE, GARBAGE AND TRASH COLLECTOR PICK-UP VEHICLES AND ALL SIMILAR PERSONS TO ENTER UPON THE STREETS IN THE PERFORMANCE OF THEIR DUTIES. FURTHER, AN EASEMENT IS HEREBY GRANTED TO THE ASSOCIATION, ITS OFFICERS, AGENTS, EMPLOYEES, AND TO ANY MANAGEMENT COMPANY SELECTED BY THE ASSOCIATION TO ENTER IN OR TO CROSS OVER ANY LOT TO PERFORM THE DUTIES OF MAINTENANCE AND REPAIR OF THE TOWNHOUSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS PARAGRAPH, NO SEWERS, ELECTRICAL LINES, WATER LINES, OR OTHER UTILITIES MAY BE INSTALLED OR RELOCATED ON SAID PROPERTY EXCEPT AS INITIALLY PROGRAMMED AND APPROVED BY DECLARANT OR THE ASSOCIATION’S BOARD OF DIRECTORS. SHOULD ANY UTILITY FURNISHING A SERVICE COVERED BY THE GENERAL EASEMENT HEREIN PROVIDED REQUEST A SPECIFIC EASEMENT BY SEPARATE RECORDABLE DOCUMENT, DECLARANT SHALL HAVE THE RIGHT TO GRANT SUCH EASEMENT ON SAID PROPERTY WITHOUT CONFLICTING WITH THE TERMS HEREOF. THE EASEMENTS PROVIDED FOR IN THIS ARTICLE SHALL IN NO WAY AFFECT ANY OTHER RECORDED EASEMENT ON SAID PREMISES.

ARTICLE IX

PARTY WALLS

SECTION 1. GENERAL RULES OF LAW TO APPLY. EACH WALL WHICH IS BUILT AS A PART OF THE ORIGINAL CONSTRUCTION OF THE TOWNHOUSE UPON THE PROPERTY AND PLACED ON THE DIVIDING LINE BETWEEN THE LOTS SHALL CONSTITUTE A PARTY WALL AND, TO THE EXTENT NOT INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE, THE GENERAL RULES OF LAW REGARDING PARTY WALLS AND LIABILITY FOR PROPERTY DAMAGE DUE TO NEGLIGENCE OR WILLFUL ACTS OR OMISSIONS SHALL APPLY THERETO. THE OWNER OF A TOWNHOUSE SHALL NOT CUT THROUGH OR MAKE ANY PENETRATION THROUGH A PARTY WALL FOR ANY PURPOSE WHATSOEVER,

SECTION 2. SHARING OF REPAIR AND MAINTENANCE. THE COST OF REASONABLE REPAIR AND MAINTENANCE OF A PARTY WALL SHALL BE SHARED BY THE OWNERS WHO MAKE USE OF THE WALL IN EQUAL PROPORTIONS.

SECTION 3. DESTRUCTION BY FIRE OR OTHER CASUALTY. IF PARTY WALL IS DESTROYED OR DAMAGED BY FIRE OR OTHER CASUALTY, THEN, TO THE EXTENT THAT SUCH DAMAGE IS NOT COVERED BY INSURANCE AND REPAIRED OUT OF TH PROCEEDS OF SAME, ANY OWNER WHO HAS USED THE WALL MAY RESTORE IT, AND IF THE OTHER OWNERS THEREAFTER MAKE USE OF THE WALL, THEY SHALL CONTRIBUTE TO THE COST OF RESTORATION THEREOF IN EQUAL PROPORTIONS WITHOUT PREJUDICE, HOWEVER TO THE RIGHT OF ANY SUCH OWNERS TO CALL FOR A LARGER CONTRIBUTION FROM THE OTHERS UNDER ANY RULE OF LAW REGARDING LIABILITY FOR NEGLIGENT OR WILLFUL ACTS OR OMISSIONS.

SECTION 4. WEATHERPROOFING. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, TO THE EXTENT THAT SUCH DAMAGE IS NOT COVERED AND PAID BY THE INSURANCE PROVIDED FOR HEREIN, AN OWNER WHO BY HIS NEGLIGENT OR WILLFUL ACT CAUSES THE PARTY WALL TO BE EXPOSED TO THE ELEMENTS SHALL BEAR THE WHOLE COST OF FURNISHING THE NECESSARY PROTECTION AGAINST SUCH ELEMENTS.

SECTION 5. RIGHT TO CONTRIBUTION RUNS WITH LAND. THE RIGHT OF ANY OWNER TO CONTRIBUTION FROM ANY OTHER OWNER UNDER THIS ARTICLE SHALL BE APPURTENANT TO THE LAND AND SHALL PASS TO SUCH OWNERS SUCCESSORS IN TITLE.


SECTION 6. ARBITRATION. IN THE EVENT OF ANY DISPUTE ARISING CONCERNING A PARTY WALL, OR UNDER THE PROVISIONS 0F THIS ARTICLE, EACH PARTY SHALL CHOOSE ONE ARBITRATOR, AND SUCH ARBITRATORS SHALL CHOOSE ONE ADDITIONAL ARBITRATOR, AND THE DECISION SHALL BE BY A MAJORITY OF ALL THE ARBITRATORS. SHOULD ANY PARTY REFUSE TO APPOINT AN ARBITRATOR WITHIN TEN DAYS AFTER WRITTEN REQUEST TIEREFOR, THE BOARD OF DIRECTORS OF THE ASSOCIATION SHALL SELECT AN ARBITRATOR FOR THE REFUSING PARTY.

ARTICLE X

GENERAL PROVISIONS

SECTION l. 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 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, AND SHALL INURE TO THE BENEFITOF AND BE ENFORCEABLE BY THE ASSOCIATION, OR THE OWNER OF ANY LOT SUBJECT TO THIS DECLARATION, THEIR RESPECTIVE LEGAL REPRESENTATIVES, HEIRS, SUCCESSORS, AND ASSIGNS, FOR A TERM OF TWENTY (20) YEARS FROM THE DATE THIS DECLARATIONIS RECORDED, AFTER WHICH TIME SAID COVENANTS SHALL BE AUTOMATICALLY EXTENDEDFOR SUCCESSIVE PERIODS OF TEN (10) YEARS. THE COVENANTS AND RESTRICTIONS OF 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 PROPERLY RECORDED IN THE DEED RECORDS OF TARRANT COUNTY, TEXAS.

SECTION 4. FHA OR VA APPROVAL. AS LONG AS THERE IS A CLASS B MEMBERSHIP, AMENDMENT OF THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WILL REQUIRE THE PRIOR APPROVAL OF THE FEDERAL HOUSING ADMINISTRATION OR VETERANS ADMINISTRATION:


ARTICLE XI

BIJILDING RESTRICTION

SECTION 1. RESTRICTION. THE GROUND FLOOR AREA OF THE MAIN STRUCTURE ON ANY RESIDENTIAL LOT OR PREMISES SHALL NOT BE LESS THAN 950 SQUARE FEET OF FLOOR SPACE EXCLUSIVE OF PORCHES AND GARAGES. DWELLINGS SHALL NOT BE LESS THAN 70% MASONRY. THE ABOVE MASONRY RESTRICTION SHALL APPLY TO THE GROUND FLOOR LEVEL ONLY FOR A HEIGHT OF 8 FEET FROM THE GROUND FLOOR LEVEL AND SHALL NOT INCLUDE HOLLOW TILE OF ANY TYPE.


IN WITNESS WFEREOF, THE UNDERSIGNED, BEING THE DECLARANT HEREIN, HAS HEREUNTO SET ITS HAND AND SEAL THIS____ DAY OF ________, 1971.


ATTACHED HOUSING, INC.



J. TOM SHELTON, PRESIDENT


ATTESTS:


________________________
SECRETARY

THE STATE OF TEXAS
COUNTY OF TARRANT


BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, ON THIS DAY PERSONALLY APPEARED J. TOM SHELTON, PRESIDENT OF ATTACHED HOUSING, INC., KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FORGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THE SAME WAS THE ACT OF THE SAID ATTACHED HOUSING, INC., A CORPORATION, AND THAT HE EXECUTED THE SAME AS THE ACT OF SUCH CORPORATION FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED.

GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ______DAY OF_________, 1971.




_____________________________________
NOTARY PUBLIC IN AND FOR TARRANT
COUNTY, TEXAS