LOJV Covenants and Restrictions

The Lakes of Jersey Village has established community guidelines to maintain the integrity and overall aesthetics of the development.  The Lakes of Jersey Village will have a uniform plan for the improvement and development of the subdivision for the benefit of the present and future owners thereof.  In order to ensure the long-term preservation of the community overall, any and all development and activities at the Lakes of Jersey Village will be subject to the covenants, conditions, and restrictions set forth in the declaration of covenants and restrictions for the property.

Residents of the Lakes of Jersey Village will automatically belong to the Lakes of Jersey Village Homeowner's Association.  As of the opening of the community in April 2002, approximate dues for the Homeowner's Association are $40/month.

Declaration

                                           OF COVENANTS, CONDITIONS AND RESTRICTIONS 
                                                          FOR LAKES OF JERSEY VILLAGE  

This Declaration of Covenants, Conditions and Restrictions For The Lakes of Jersey Village (the "Declaration") is made by LAKES OF JERSEY VILLAGE OF TEXAS, LTD., a Texas limited partnership (the "Declarant"), and is as follows:

                                                                         RECITALS

            A.         The Declarant is the owner of all lots in the Lakes of Jersey Village, a subdivision (the “Subdivision”) in Harris County, Texas, according to the map or plat thereof (the “Plat”), recorded in Film Code No. 497143, of the Harris County Map Records, Harris County, Texas (the "Property").

            B.         Declarant desires to create upon the Property a residential community and carry out a uniform plan for the improvement and development of the Property for the benefit of the present and all future owners thereof.

            C.         Declarant desires to provide a mechanism for the preservation of the community and for the maintenance of common areas and, to that end, desires to subject the Property to the covenants, conditions, and restrictions set forth in this Declaration for the benefit of the Property, and each owner thereof.

            NOW, THEREFORE, it is hereby declared: (i) that all of the Property shall be held, sold, conveyed, and occupied subject to the following covenants, conditions and restrictions which shall run with the Property and shall be binding upon all parties having right, title, or interest in or to the Property or any part thereof, their heirs, successors, and assigns and shall inure to the benefit of each owner thereof; and (ii) that each contract or deed which may hereafter be executed with regard to the Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the following covenants, conditions and restrictions, regardless of whether or not the same are set out in full or by reference in said contract or deed.

                                                                        ARTICLE I

                                                                      DEFINITIONS

            1.01.     Defined Terms.  Unless the context specifies or requires otherwise, the following words and phrases when used in this Declaration shall have the meanings hereinafter specified:

                        "Articles" shall mean the Articles of Incorporation of the Lakes of Jersey Village Community, 
                         Inc., to be filed in the office of the Secretary of State of the State of Texas , as the same may 
                         be amended from time to time.

                        "Assessment" or "Assessments" shall mean all assessment (s) imposed by the Association 
                        under this Declaration.

                        "Association" shall mean and refer to the Lakes of Jersey Village Community, Inc., a Texas  
                        non-profit corporation.

                        "Association Restrictions" shall mean this Declaration as the same may be amended from time 
                        to time, together with the Articles, Bylaws, and Association Rules, from time to time in effect.

                        "Association Rules" shall mean the rules and regulations adopted by the Board pursuant to 
                        Section 3.04(c) hereof as may be amended from time to time.

                        "Bylaws" shall mean the bylaws of the Association as adopted by the Board and as amended 
                        from time to time.

                        
                        "Board" shall mean and refer to the Board of Directors of the Association.

                        "Common Area" shall mean and refer to those areas within the Property which have been or    
                        may in the future be conveyed to, or leased by, the Association or held for the benefit of one or 
                        all the Owners as determined by the Board in its sole discretion, including, without limitation, all 
                        streets and easements for landscaping, drainage, or irrigation, and all fencing, detention ponds 
                        or lakes, signage located within the Property, sidewalks, or other portions of the Property.  The 
                        Common Area may be owned and improved by the Association, but held for the use and 
                        enjoyment of one or all the Owners.  Declarant may reserve from any Common Area conveyed 
                        to the Association any easements, rights, or privileges over, across or through such Common 
                        Area for the benefit of Declarant and/or any third party.  Specifically, by way of example and not 
                        limitation, Declarant may reserve easements for drainage over and across Reserve A of the 
                        Subdivision for the benefit of Declarant and/or any third party.

                        "Condominium Lot " shall mean any Additional Property added to this Declaration pursuant to 
                        Section 9.01 on which a condominium regime is established.

                        “Condominium Unit” shall mean an individual unit within any condominium regime which is 
                        established on the Condominium Lot; provided, however, that neither Declarant nor any 
                        subsequent owner of the Condominium Lot shall have any obligation to establish or cause to be 
                        recorded such condominium regime.

                        "Declarant" shall mean Lakes of Jersey Village of Texas, Ltd., a Texas limited partnership, its 
                        successors or assigns; provided that any assignment(s) of the rights of Lakes of Jersey Village 
                        of Texas, Ltd., as Declarant, must be expressly set forth in writing and the mere conveyance of 
                        a portion or all of the Property without written assignment of the rights of Declarant shall not be 
                        sufficient to constitute an assignment of the rights of Declarant hereunder.

                        "Declaration" shall mean this instrument as it may be amended from time to time.

                        "Design Guidelines" shall mean the design guidelines, if any, adopted by the Design Review 
                         Committee pursuant to this Declaration, as such Design Guidelines may be amended, 
                         modified, or restated from time to time.

                        "Design Review Committee" shall mean the committee created pursuant to this Declaration to 
                         establish Design Guidelines, to review and approve plans for the construction of Improvements 
                         upon the Property, and to carry out its duties as set forth in the Declaration.

                        "Improvements" shall mean every structure and all appurtenances of every type, whether 
                         temporary or permanent, including but not limited to buildings, outbuildings, sheds, patios, 
                         tennis courts, swimming pools, garages, driveways, storage buildings, sidewalks, gazebos, 
                         columns, signs, fences, gates, screening walls, retaining walls, stairs, decks, landscaping, 
                         landscape improvements, poles, mailboxes, signs, antennae, exterior air conditioning 
                         equipment or fixtures, exterior lighting fixtures, water softener fixtures or equipment, playground 
                         equipment (including residential recreational sports facilities), and poles, pumps, wells, tanks, 
                         reservoirs, pipes, lines, meters, antennae, towers, and other facilities used in connection with 
                         water, sewer, gas, electric, telephone, regular or cable television, other utilities, or otherwise.

“ Lake ” shall mean Reserve A as reflected on the Plat.

                        “Lakefront  Lots” shall mean Lots 1-3, 39-54, and 57-62, Block 4 of the Subdivision.

                        " Lot " or "Lots" shall mean one or more of the subdivided lots within the Property other than      
                         Common Areas. 

                        "Mortgage" or "Mortgages" shall mean any mortgage(s) or deed(s) of trust securing        
                         indebtedness and covering any portion of the Property given to secure the payment of a debt.

                        "Mortgagee" or "Mortgagees" shall mean the holder or holders of any Mortgage(s).

                        "Owner" or "Owners" shall mean the person(s), entity or entities, including Declarant, holding all 
                         or a portion of the fee simple interest in any Lot, but shall not include the Mortgagee under a 
                         Mortgage prior to acquisition of its fee simple interest in such Lot pursuant to foreclosure of the 
                         lien of such Mortgage.

                                                                       ARTICLE II

                                                           GENERAL RESTRICTIONS

             All of the Property shall be owned, held, encumbered, leased, used, occupied, and enjoyed subject to the following limitations and restrictions:

             2.01.     General Restrictions.

             (a)        Height and Roof Pitch.  The Lots shall be used solely for private single family residential purposes and there shall not be constructed or maintained thereon more than one detached single family residence which shall not exceed the following height limitations and shall meet the following criteria:

                        (i)       The maximum building height shall be no more than thirty (30') measured according to the following definition:  the vertical distance between the top of the foundation at its highest point within the structure and the highest ridge, peak, or gable of a roof, excluding chimneys, cupolas, or other design features (which determination shall be made by the Design Review Committee in its sole and absolute discretion); and

                         (ii)       No roof shall have pitch less than 6/12 unless otherwise approved in advance by the  Design Review Committee; and

                        (iii)        In the event any ordinance, regulation, rule or development code of the City of Jersey Village is revised, modified or amended to permit a maximum building height greater than thirty (30) feet, the restriction on maximum building height in Section 2.01(a)(i) shall be automatically amended to conform to the maximum building height adopt in such ordinance, regulation, rule or development code.

            (b)        Garages.  Each Lot must contain a private garage for not fewer than two (2) automobiles.  All garage walls and garage ceilings associated with each single family residence must be finished out, i.e., sheet rocked, textured and painted.  The Design Review Committee may review and approve the orientation and location of each garage to be constructed on a Lot .

            (c)        Minimum Square Footage.  The minimum living area (exclusive of open or screened porches, terraces, patios, decks, driveways, and garages) for residences constructed within the Property shall be 1,750 square feet.

            (d)        Masonry Requirements.  For all Lots, the exterior walls of any residence constructed thereon shall consist of seventy-five percent (75%) masonry consisting of stone, brick, and/or stucco constructed in strict compliance with the requirements of the Design Review Committee.  Samples of all brick, stone or stucco shall be submitted to and approved in advance of construction by the Design Review Committee.  Notwithstanding the foregoing provision, the Design Review Committee shall have the authority to permit the use of wood siding in specific circumstances where the Design Review Committee determines the limited use of

wood siding to be appropriate and consistent with the design requirements established by the Design Review Committee.

            (e)        Roof Materials.  All roof materials, and roof colors, shall be expressly approved by the Design Review Committee.  All roof stacks and flashings shall be painted to match the approved roof color. 

            (f)         Setbacks.  The location of all buildings and Improvements shall comply with the minimum setbacks shown on the subdivision plat of the Property (the “Plat”), if any.  In addition to the requirements imposed by any Plat, the location of all Improvements shall comply with applicable provisions of the City of Jersey Village Development Code , and any applicable ordinances, rules, and regulations promulgated from time to time by the City of Jersey Village.  Notwithstanding any provision in this Section 2.01(f) to the contrary, no gates, fencing, or retaining walls shall be located nearer than ten feet  (10') from any Lot line adjacent to a public or private street.  Side and rear fence setbacks shall be expressly approved by the Design Review Committee prior to the erection of any fence along and adjacent to the side and rear property lines of any Lot .

            For the purpose of this restriction, eaves, steps, and open porches shall not be considered as part of the building; provided, however, that this sentence shall not be construed to permit any portion of any construction or building on any Lot to encroach upon another Lot or property.

            (g)        No Commercial Use.  No professional, business, or commercial activity to which the general public is invited shall be conducted on any Lot; provided that, in connection with its development of the Property and sale of Lots, Declarant, or Declarant’s licensees, shall have the right to maintain model homes, temporary sales and marketing centers and offices, and conduct open houses or other marketing events, to which the general public may be invited.  Notwithstanding anything in this Section 2.01(g) or the Declaration to the contrary, Owner may conduct "discreet business activities" within a single family residence constructed upon a Lot so long as the existence or operation of the business activity is not apparent or detectable by site, sound or smell from outside the residence; the business activity does not involve regular visitation of the Lot or door-to-door solicitation of residents of the Property; and the business activity is consistent with the residential character of the Property and does not violate any term or provision of this Declaration.

            (h)        Aircraft and Carport Prohibition.  No portion of the Property may be used for:  (i) the takeoff, storage, or landing of aircraft (including, without limitation, helicopters) except for medical emergencies; or (ii) a carport or other automobile storage open on more than one side.

            (i)         Leasing.  No Lot may be used as an apartment house, flat, lodging house, hotel, bed and breakfast lodge, or any similar purpose, but Lots may be leased for single family residential purposes for a minimum term of six (6) months; provided that any lease agreement must be in writing and must be made specifically subject to this Declaration.

            (j)         Windows.  All windows on each residence shall have a consistent design throughout the residence and shall strictly comply with requirements established by the Design Review Committee.

            (k)        Driveways and Culverts.  The design, construction materials, and location of:  (i) all driveways; and (ii) culverts incorporated into driveways for ditch or drainage crossings, shall be approved by the Design Review Committee.  Driveways shall be a minimum of ten feet (10') in width at their narrowest point.  No asphalt driveways shall be permitted.  The Design Review Committee may establish design and materials requirements for all driveway culverts to insure that they are consistent in appearance throughout the Property.

            (l)         Mailboxes.  Each of two (2) adjacent Lots shall share a common mail receptacle which shall consist of two (2) mailboxes installed on a single post.  The Design Review Committee shall determine the location of each common mail receptacle and shall specify the Lots sharing such receptacle.  Each mailbox shall be of a design and color approved in advance by the Design Review

Committee.  Each Lot Owner shall be responsible for the installation, maintenance and replacement of the mailbox serving such Owner’s Lot .

            (m)       Sidewalks.  Prior to the occupancy of any residence located upon a Lot, a sidewalk four feet (4') in width and parallel and adjacent to the street curb shall be constructed in a location approved in advance by the Design Review Committee.  The sidewalks shall abut the full width of the Lot and on Lots that abut more than one street, the sidewalk shall extend the full depth of the Lot up to the street curb at the corner.  The sidewalk shall be constructed in accordance with specifications established by the Design Review Committee.  Notwithstanding anything in this Section 2.01(m) to the contrary, this provision shall not obligate any Owner to construct a sidewalk parallel and adjacent to Jersey Meadow Drive .

            (o)        Apparatus Screening.  No air-conditioning apparatus shall be installed on the ground in front of a residence or on the roof of any residence.  Installed air-conditioning apparatus and ancillary permanent mechanical equipment located on each Lot shall be screened so as not to be visible from any Lot or any street located within or adjacent to the Property.  Screening shall consist of a masonry wall or wood fencing and/or landscaping to be determined and approved in advance by the Design Review Committee.  No window air-conditioning apparatus or evaporative cooler shall be attached to any front wall or front window of a residence or at any other location where such would be visible from any street.

            (p)        Construction Hours.  Construction of any Improvements shall be restricted to the hours of 7:00 a.m. to 8:00 p.m. , Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturdays and Sundays.

            (q)        Mandatory Landscaping. 

                                    1.         General Lot Requirements.  The landscaping on each Lot shall include the 
                        installation of at least two (2) trees in the front yard, unless otherwise approved by the Design 
                        Review Committee; provided, however that no single tree shall be considered in compliance with 
                        this sub-section if such tree is less than three inches (3") inches in diameter.  In addition, the 
                        Design Review Committee may require additional landscaping consisting of flowering plants and 
                        shrubs in the front, side and back yards of each Lot .

            2.         Corner Lot Requirements.  On a Lot which abuts two (2) streets within the Property, i.e., a corner Lot, the landscaping on such Lot shall include the requirements of 2.01(q)1 above and shall also include the installation of at least two (2) trees in the side yard which abuts a street, unless otherwise approved by the Design Review Committee; provided, however that no single tree shall be considered in compliance with this sub-section if such tree is less than three inches (3") inches in diameter.

            3.         Lakefront Lots.  For each Lakefront Lot, the landscaping shall include the requirements of 2.01(q)1 above and shall also include the installation of at least two (2) trees in the back yard of the Lot, unless otherwise approved by the Design Review Committee; provided, however that no single tree shall be considered in compliance with this sub-section if such tree is less than three inches (3") inches in diameter.

            4.         Exceptions for Existing Trees.  The requirements of this Section 2.01(q) may be satisfied by the existence of trees which meet the criteria specified in the applicable sub-sections subsequent to construction of a single-family residence on the Lot; provided, however, that the determination of any credit for existing trees shall be determined by the Design Review Committee, in its sole and absolute discretion.

                                    5.         Required Maintenance.  Each Owner shall keep all landscaping and trees, 
                        including any trees required by this Section 2.01(q), located on such Owner’s Lot cultivated, 
                        pruned, mowed, and free of trash and debris.  The Design Review Committee or its assigns

shall be entitled to make recommendations with respect to tree disease control, whereupon the Owner or Owners to whom such recommendations are directed shall be obligated to comply with such recommendations, which may include, but not be limited to, tree removal and replacement.

            6.         Required Sod.  The front, side and back of each Lot shall be fully sodded prior to the occupancy of the residence located on such Lot .

            (r)         Fencing.  No fence or retaining wall may be constructed on the Property without the advance written approval of the Design Review Committee, which approval may include the location, design and materials of the proposed fence or retaining wall.  The Design Review Committee may adopt rules and requirements governing the location, design, and materials used for fences and retaining walls constructed on the Property to insure a consistent appearance and design.  Fences must only be constructed of tubular steel or wood as further defined in Section 2.01(r)1 and 2.01(r)2 below and as approved by the Design Review Committee.  Fencing installed by the Declarant need not comply with this provision.

                        1.         Wood Fences.  All wood fences between lots shall be six feet (6') tall and shall consist of six foot (6') pickets.  All wood fences shall comply with the Design Review Committee specifications.  No wood fence on a side yard may extend closer to the front of the lot than three feet (3') behind the main structure of the dwelling.

                        2.         Fencing on Lakefront Lots.  All fencing will be forty eight inch high (48") tubular steel along the rear property line and along the side boundary lines of each Lakefront Lot.  The fencing required by this provision shall extend from the rear property line along each side boundary line to a point adjacent to any portion of the residential structure or garage located on such Lot .  The Design Review Committee shall approve the design and placement of each fence required by this provision.

                        3.         Gates.  Unless approved in advance by the Design Review Committee, no gate may be installed in any portion of a fence located on the rear boundary line of any Lot if the rear boundary line of such Lot demarcates the perimeter boundary of the Property.

            2.02.     Antennae and Solar Systems.  Except as expressly provided below, no exterior radio or television antennae or aerial or satellite dish or disc (collectively "Antennae"), nor any solar energy system ("Solar System"), shall be erected, maintained or placed on a Lot; provided, however, that one (1) satellite dish or other similar instrument with a diameter no greater than one (1) meter may be permitted on each Lot, the location on such residence to be approved in writing and in advance of installation by the  Architectural Control Committee.  Prior to the erection of any Antennae (unless otherwise permitted by this Section 2.02) or Solar System, plans and specifications and a proposal for screening shall be presented to and a variance expressly approved by the Design Review Committee, which variance approval may be denied for any reason whatsoever.  The Design Review Committee shall have the authority to adopt rules and regulations otherwise in compliance with rules adopted by the Federal Communications Commission for the erection, use, screening, or placement of antennae and satellite dishes which are one (1) meter or less in diameter.

            2.03.     Insurance Rates.  Nothing shall be done or kept on the Property that would increase the rate of casualty or liability insurance or cause the cancellation of any such insurance on the Common Area, the Association Property, or the improvements located thereon, without the prior written approval of the Board.

            2.04.     Subdividing and Easements.  No Lot shall be further divided or subdivided, nor may any easements or other interests therein covering less than the whole Lot be conveyed by the Owner thereof without the prior express written approval of the Declarant.  Notwithstanding the foregoing, two adjacent Lots may be consolidated and resubdivided as one Lot for the purposes of constructing one single-family residence and related improvements and appurtenances.  Easements for the installation and

maintenance of utilities and drainage facilities are reserved as shown on the recorded plat.  No utility company, water district, political subdivision, or other authorized entity using the easements herein referred to shall be liable for any damage done by them or their assigns, agents, employees, or servants, to shrubbery, trees, or flowers, or any other landscaping or Improvements or to other property of the Owner situated within any such easement.

            2.05.     Signs.  No sign of any kind, including, without limitation, signs advertising property for sale or lease, shall be displayed to the public view without the express prior written approval of the Declarant except for signs that are part of Declarant’s marketing plan for the Property or any part thereof.  The Declarant may permit or prohibit signs of any type advertising a portion of the Property for sale or lease, as it elects, in its sole discretion.  Declarant intends to implement a marketing program for the Property, which shall include signs advertising property for sale.

            2.06.     Rubbish and Debris.  No rubbish or debris of any kind shall be placed or permitted to accumulate upon the Property and no odors shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive, or detrimental to any other property or to its occupants.  Refuse, garbage, and trash shall be kept at all times in covered containers, and such containers shall be kept within enclosed structures or otherwise appropriately screened from view from any portion of the Property, other than the Lot on which such containers are properly located.

            2.07.     Noise.  No noise or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to any other portion of the Property or to its occupants.  Without limiting the generality of the foregoing, if any noise or nuisance emanates from any Improvement on any Lot , the Association may (but shall not be obligated to) enter any such Improvement and take such reasonable actions necessary to terminate such noise (including silencing any burglar or break-in alarm).

            2.08.     Construction of Improvements.  No Improvements of any kind shall hereafter be placed, maintained, erected or constructed upon any of the Property without the prior written approval of the Design Review Committee.  Owners of Lots within the Subdivision are advised that Improvements of any kind that are placed, maintained, erected or constructed on said Lot must comply with the codes, rules and ordinances of the City of Jersey Village.

            2.09.     Repair of Buildings.  All Improvements upon any of the Property that are not maintained by the Association shall at all times be kept in good condition and repair and adequately maintained by the Owner thereof.   The opinion of the Design Review Committee as to condition and repair shall be final.

            2.10.     Alteration or Removal of Improvements.  Any alteration, remodeling, or construction that in any way alters or modifies the exterior appearance of any Improvements, or the removal of any Improvements within the Property, shall be performed only with the prior written approval of the Design Review Committee.

            2.11.     Drainage.  There shall be no interference with the established drainage patterns over any of the Property, except by Declarant, unless adequate provision is made for proper drainage and approved in writing by the Design Review Committee.

            2.12.     Hazardous Activities.  No activities may be conducted on the Property and no Improvements constructed on the Property that are or might be unsafe or hazardous to any person or property.  Without limiting the generality of the foregoing, no firearms or fireworks shall be discharged upon the Property, and no open fires shall be lighted or permitted except within safe and well-designed interior fireplaces or in contained barbecue units which are attended while in use and used for cooking purposes only.


            2.13.     Temporary Structures.  No tent, shack, or other temporary building, improvement, or structure shall be placed upon the Property without the written approval of the Design Review Committee; provided, however, that temporary structures necessary for marketing and sales, and storage of tools and equipment and for office space for architects, builders, and foreman during actual construction may be maintained with the prior approval of Design Review Committee, such approval to include the nature, size, duration, and location of such structure.

            2.14.     Mining and Drilling.  No portion of the Property shall be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing water, oil, gas, or other hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate, or earth.

            2.15.     Unsightly Articles: Vehicles.  No article deemed to be unsightly by the Design Review Committee shall be permitted to remain on any Lot so as to be visible from adjoining property or public or private thoroughfares.  Without limiting the generality of the foregoing, and unless otherwise approved in advance by the Design Review Committee or otherwise in compliance with the Association Rules, trailers, graders, trucks larger than a 3/4 ton pickup, boats, tractors, semi-trailers, campers, wagons, buses, motorcycles, motor scooters, machinery, garden maintenance equipment and inoperable vehicles shall be kept at all times, except when in actual use, in enclosed structures or placed in a location approved in advance by the Design Review Committee, and no repair or maintenance work shall be done on any of the foregoing or on any automobile (other than minor emergency repairs) except in enclosed garages or other structures.  Service areas, storage areas, compost piles, and facilities for hanging, drying, or airing clothing or household fabrics (including, without limitation, clothes lines) shall be screened from view from any portion of the Property other than the Lot on which such areas, piles and facilities are properly located.  Unless otherwise approved in advance by the Design Review Committee or otherwise in compliance with the Association Rules, no lumber, grass, plant waste, shrub or tree clippings, metals, bulk materials, scraps, refuse, or trash of any kind shall be kept, stored, or allowed to accumulate on any portion of the Property except within enclosed structures or appropriately screened from view from any portion of the Property other than the Lot on which such materials are properly located.

            2.16.     Animals.  No kennel or other facility for breeding, raising or boarding dogs or other animals for commercial purposes shall be kept on any Lot .  No poultry, livestock, horse, or exotic animal may be kept on any Lot .  All permitted animals and pets shall be kept on the Owner's Lot and shall not be allowed to roam loose.  Dogs shall be kept on a leash or otherwise confined in a manner acceptable to the Board whenever outside the residence.  All pet waste shall be removed and appropriately disposed of by pet’s owner.  Pets shall be registered, licensed and inoculated as required by law.

            2.17.     Parking and Prohibited Vehicles.  No motor vehicles or non-motorized vehicle, boat, trailer, marine craft, recreational vehicle, machinery, or equipment of any kind may be parked or stored on any part of the Lot, easement, or right-of-way, unless such vehicle or object is completely concealed from public view inside a garage or enclosure approved in advance by the Design Review Committee.  The Design Review Committee may grant temporary permits for the parking of recreational vehicles.

            2.18.     Owner's Responsibility for Maintenance.  Each Owner shall maintain and keep in a good state of repair the interior and exterior of all buildings, structures, and other Improvements of any kind or nature that are located upon such Owner's Lot .  An Owner, when exercising the right and responsibility of repair, maintenance, replacement, or remodeling, as herein defined, shall never alter in any manner whatsoever the color and exterior appearance of the Improvements located on such Owner's Lot , except by written consent of the Design Review Committee.  Each Owner shall, however, have the exclusive right to paint, plaster, panel, tile, wax, paper, or otherwise refinish and decorate the inner surface of the walls, ceilings, floors, windows, and doors within such Owner's structure.  In the event an Owner fails to maintain the Improvements located on such Owner's Lot as provided herein in a manner that the Design Review Committee deems necessary to preserve the appearance and value of the Property, the Design Review Committee may notify such Owner of the work required and request that it be done within thirty (30) days from the giving of such notice.  In the event such Owner fails to complete such work or maintenance within said period, the Design Review Committee shall so notify the Board,and the board may (but shall not be obligated to) cause such work to be done and the Owner shall be personally liable to the Association for the cost of such work.  If the Owner fails to pay such cost upon demand, such cost (plus interest from the date of demand until paid at the maximum lawful rate, or if there is no such maximum lawful rate, at the rate of one and one-half percent (1-1/2%) per month) shall be added to the Assessment chargeable to the Owner's Lot(s) .  Any such amounts added to the Assessments chargeable against a Lot shall be secured by the liens reserved in this Declaration for Assessments and may be collected by any means provided in the Declaration for the collection of Assessments, including, but not limited to, foreclosure of such liens against the Owner's Lot(s) .  Each such Owner shall indemnify and hold harmless the Association, its officers, directors, employees and agents from any cost, loss, damage, expense, liability, claim or cause of action incurred or that may arise by reason of the Association's acts or activities under this Section 2.21 (including any cost, fees, expense, liability, claim or cause of action arising out of the Association's negligence in connection therewith), except for such cost, loss, damage, expense, liability, claim or cause of action arising by reason of the Association's gross negligence or wilful misconduct.  "Gross negligence" as used herein does not include simple negligence, contributory negligence or similar negligence short of actual gross negligence.  

            2.19.     Liability of Owners for Damage to Common Area.  No Owner shall in any way alter, modify, add to, or otherwise perform any work whatsoever upon the Common Area.  The Owner of each Lot shall be liable to the Association for all damages to:  (i) the Common Area or any Improvements constructed thereon; or (ii)  to any Improvements constructed upon any Lot, the maintenance of which has been assumed by the Association; which damage is caused by the neglect, misuse or negligence of such Owner or any tenant or other occupant of such Owner's Lot or such Owner's guest or invitee.  The full cost of all repairs of such damage shall be an Assessment against the Owner's Lot , secured by a lien against the Owner's Lot and collectible in the same manner as provided in this Declaration.

            2.20.     Compliance with the Declaration.  Each Owner shall comply strictly with the provisions of the Declaration (the "Restrictions") as the same may be amended from time to time.  Failure to comply with any of the Restrictions shall constitute a violation of the Restrictions and shall give rise to a cause of action to recover sums due for damages or injunctive relief, or both, maintainable by the Declarant, the Manager or Board on behalf of the Association, or by the Design Review Committee or by an aggrieved Owner.  Without limiting any rights or powers of the Association or the Board set out in this Declaration, the Board may (but shall not be obligated to) remedy or attempt to remedy any violation of any of the provisions of this Declaration, and the Owner whose violation has been so remedied shall be personally liable to the Association for all costs and expenses of effecting (or attempting to effect) such remedy.  If such Owner fails to pay such costs and expenses upon demand by the Association, such costs and expenses (plus interest from the date of demand until paid at the maximum lawful rate, or if there is no such maximum lawful rate, at the rate of one and one-half percent (1-1/2%) per month) shall be added to the Assessment chargeable to the Owner's Lot(s).  Any such amounts added to the Assessments chargeable against a Lot shall be secured by the liens reserved in the Declaration for Assessments and may be collected by any means provided in the Declaration for the collection of Assessments, including, but not limited to, foreclosure of such liens against the Owner's Lot(s) .  Each such Owner shall indemnify and hold harmless the Association, its officers, directors, employees and agents from any cost, loss, damage, expense, liability, claim or cause of action incurred or that may arise by reason of the Association's acts or activities under this Section 2.20 (including any cost, loss, damage, expense, liability, claim or cause of action arising out of the Association's negligence in connection therewith), except for such cost, loss, damage, expense, liability, claim or cause of action arising by reason of the Association's gross negligence or wilful misconduct.  "Gross negligence" as used herein does not include simple negligence, contributory negligence or similar negligence short of actual gross negligence.

            2.21.     No Warranty of Enforceability.  Declarant makes no warranty or representation as to the present or future validity or enforceability of any restrictive covenants, terms, or provisions contained in the Declaration.  Any Owner acquiring a Lot in reliance on one or more of such restrictive covenants, terms, or provisions shall assume all risks of the validity and enforceability thereof and, by acquiring the Lot , agrees to hold Declarant harmless therefrom.


            2.22.     Swimming Pools.  Any swimming pool constructed on a Lot must comply with all applicable governmental requirements, rules, regulations, codes, standards and ordinances.  Nothing in this Section 2.22 is intended or shall be construed to limit or affect an Owner's obligation to comply with any applicable governmental regulations concerning swimming pool enclosure requirements.

            2.23.     No Tennis or Recreational Courts; Playscapes.  No tennis, recreational or sport courts, or basketball goals shall be constructed or placed on any Lot or other portion of the Property unless expressly approved by the Design Review Committee.  The Design Review  Committee may prohibit the installation of a tennis, recreational or sport court, or basketball goals on any Lot .  Playscapes or any similar recreational facilities may not be constructed on any Lot without the advance written approval of the Design Review Committee.  The Design Review Committee may prohibit the installation of playscapes or similar recreational facilities on any Lot .

            2.24.     Required Address Markers.  A permanent address marker shall be installed on each residence prior to occupancy.  The location, design and materials used in the construction of address identification markers shall be approved in advance of installation by the Design Review Committee.

            2.25.     Special Restrictions-Lakefront Lots and Lake .

            (a).       No wall, fence, planter, hedge, or other screening device of any type whatsoever shall be constructed or permitted anywhere in the rear yard or side yard of a Lakefront Lot without the prior written consent of the Design Review Committee.

            (b).       No item of any type or character, including, but not limited to vegetable or herb gardens, rock gardens, additional landscaping, hammocks, swings, statuary, swing sets or similar play equipment, basketball goals or other athletic equipment, boats or boating equipment, pools, clothes drying equipment, dog houses, dog runs, or other pet enclosures, signs, retaining walls, or other structure or improvement or things which, in the sole discretion of the Design Review Committee, tends to distract from the appearance of the Lake, shall be permitted without the prior written approval of the Design Review Committee.

            (c).       No boat shall be permitted on the Lake which is powered by any type of internal, combustion engine.  In addition, each boat to be utilized on the Lake must be approved in advance by the Design Review Committee.  No model boats utilized any type of internal, combustion engine are permitted on the Lake .  Electric and wind powered model boats may be operated on the Lake, provided they are operated in a manner which does not a nuisance, as determined in the sole and absolute discretion of the Design Review Committee.  Boats approved by the Design Review Committee may only be permitted on the Lake from sunrise to sunset.

            (d).       There shall be no skiing, windsurfing, or swimming permitted on the Lake .

            (e).       Fishing shall be permitted on the Lake; provided, however, that the Design Review Committee of the Board may determine the minimum fish size and the maximum number of fish which may be caught per household per day, as well as the type of such fish.  The regulations may be amended from time to time in the sole and absolute discretion of the Design Review Committee or the Board.  There shall be no fish cleaning permitted on or in the immediate vicinity of the Lake .  Those fishing must have all required fishing licenses.

            (f).        Owners may not place waterfowl, fish, plants or other items into or on the Lake .  The Association, acting through the Board, has the sole authority to place, remove, and maintain any fish, fowl, plant or other item on or within the Lake .

            (g).       No manual, electric or gas powered pump shall be permitted to draw water form the
Lake for any Owner’s private or public use.      

            (h). The Board shall be entitled to promulgate additional rules and regulations pertaining to use of the Lake .

 

            2.26      Release and Indemnity.  EACH OWNER HEREBY RELEASES AND HOLDS HARMLESS THE  ASSOCIATION AND THE DECLARANT AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION INCURRED OR THAT MAY ARISE BY REASON OF SUCH OWNER’S USE OF THE LAKE OR ANY COMMON AREA.   EACH SUCH OWNER SHALL INDEMNIFY AND HOLD HARMLESS THE  ASSOCIATION AND THE DECLARANT AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION INCURRED OR THAT MAY ARISE BY REASON OF AN OWNER, OR SUCH OWNER’S GUESTS, TENANTS, LICENSEES, EMPLOYEES, SUBCONTRACTORS, USE OF THE LAKE OR COMMON AREA (INCLUDING ANY COST, FEES, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION ARISING OUT OF THE  ASSOCIATION'S OR THE DECLARANT’S NEGLIGENCE IN CONNECTION THEREWITH), EXCEPT FOR SUCH COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION ARISING BY REASON OF THE  ASSOCIATION OR THE DECLARANTS GROSS NEGLIGENCE OR WILFUL MISCONDUCT.  "GROSS NEGLIGENCE" AS USED HEREIN DOES NOT INCLUDE SIMPLE NEGLIGENCE, CONTRIBUTORY NEGLIGENCE OR SIMILAR NEGLIGENCE SHORT OF ACTUAL GROSS NEGLIGENCE.

            Neither the Association nor the Declarant shall assume any responsibility or liability for any personal injury or property damage which is occasioned by use of the Lake or any Common Area, and in no circumstance shall words or actions by the Association or the Declarant constitute an implied or express representation or warranty regarding the fitness or condition Lake or Common Area.

                                                                  ARTICLE III

                                                            THE ASSOCIATION

            3.01.     Organization.  The Association shall be a non-profit corporation created for the purposes, charged with the duties, and vested with the powers prescribed by law or set forth in its Articles and Bylaws or in this Declaration.  Neither the Articles nor Bylaws shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration.  Notwithstanding any provision in this Declaration to the contrary, Declarant shall be under no obligation to administer, finance, or cause the creation of the Association.

            3.02.     Membership.

(a)        Any person or entity, upon becoming an Owner, shall automatically become a Member of the Association.  Membership shall be appurtenant to and shall run with the ownership of the Lot that qualifies the Owner thereof for membership.  Membership in the Association may not be severed from the ownership of a Lot , or in any way transferred, pledged, mortgaged, or alienated, except together with the title to the said Lot .

(b)        Every Member 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 such Member's Lot , subject to the following restrictions and reservations:

                                    (i)                     the right of the Association to suspend the Member's voting right and 
                                                            right to use the Common Area for any period during which any
                                                            Assessment against such Member's Lot(s) remains past due, and for 
                                                            any period during which a Member is in violation of the Association 
                                                            Restrictions;

(ii)                     the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility on such conditions as may be agreed to by the Members;

(iii)                    the right of the Association to borrow money for the purpose of improving or maintaining the Common Area and, in aid thereof, to mortgage said Common Area;

                                   (iv)                    the right of the Association to make reasonable rules and regulations 
                                                            regarding the use of the Common Area and facilities located thereon 
                                                            by the Members and other persons entitled to such use; and

(v)                     the right of the Association to contract for services with third parties on such terms as the Association may determine to be in the best interest of the Association.

            3.03.     Voting Rights. The right to cast votes and the number of votes which may be cast for election of members of the Board and on all other matters to be voted on by the Members shall be calculated as follows:

(a)        The Owner of each Lot shall have one (1) vote for each lot so owned.  In no event, except as set forth in Section 3.03(b) below, shall any Lot be entitled to more than one (1) vote; provided, however, that in the event of the resubdivision of any Lot into two or more Lots, the number of votes to which such Lot is entitled shall be increased as necessary to retain the ratio of one (1) vote for each Lot resulting from such resubdivision.  No resubdivision shall be effective, for purposes of the Association Restrictions, unless the same is approved by the appropriate governmental entity in accordance with the requirements of Chapter 212 of the Texas Local Government Code then in effect (or its successor statute), and duly recorded in the Official Public Records of Harris County, Texas.  In the event of the consolidation of two (2) or more Lots for purposes of construction of a single residence thereon, voting rights and the obligations for the payment of assessments shall continue to be determined according to the number of original Lots contained in such consolidated Lot .  Nothing herein shall be construed as authorization for any resubdivision or consolidation of Lots; such actions are subject to and require the prior approval of the Design Review Committee pursuant to other provisions of this Declaration.

                        (b)        In addition to the votes to which Declarant is entitled by reason of Section 3.03(a), for every one (1) vote outstanding in favor of any other person or entity, Declarant shall have four (4) additional votes until such time as Declarant no longer owns any portion of the Property.

(c)        The right of any Owner to vote may be suspended by the Association, acting through the Board, for any period during which any Assessment against such Owner's Lot(s) remains past due, for any period during which such Owner or such Owner's Lot(s) is in violation of the Association Restrictions.

            3.04.     Duties of the Association.  Subject to and in accordance with these restrictions, the Association acting through the Board shall have and perform each of the following duties:

(a)        Association Property.

(1)        Ownership and Control.  To accept, own, operate, and maintain all Common Area, together with all improvements of whatever kind and for whatever purpose that may be located in said Common Area, and all sidewalks, pathways and private driveways and streets located within the Property.

(2)        Repair and Maintenance.  To maintain in good repair and condition the Common Area and all lands, Improvements, security devices, and other property owned by or leased to the Association, including, without limitation, all sidewalks, pathways, private streets, driveways and fences located within the Property.

(3)        Taxes.  To pay all real and personal property taxes and other taxes and assessments levied upon or with respect to the Common Area to the extent that such taxes and assessment are not levied directly upon the Members.  The Association shall have all rights granted by law to contest the legality and the amount of such taxes and assessments.

(b)        Insurance.  To obtain and maintain in effect policies of insurance that, in the opinion of the Board, are reasonably necessary or appropriate to carry out the Association's functions.

(c)        Rules and Bylaws.  To make, establish, and promulgate and in its discretion, to amend or repeal and re-enact the Bylaws and such Association Rules not in conflict with this Declaration, as it deems proper, covering any and all aspects of its functions, including the use and occupancy of Common Area.  In the event of any conflict between the terms and provisions of the Articles, Bylaws, or any other Association Rules with this Declaration, the terms and provisions of this Declaration are intended to, and shall be controlling.

(d)        Records.  To keep books and records of the Association's affairs and to make such books and records, together with current copies of the Association Restrictions available for inspection by the Owners, Mortgagees, and insurers or guarantors of any Mortgage upon request during normal business hours.

                        (e)        Fines.  The Design Review Committee and/or the Board may assess fines against an 
                                    Owner for violations of restrictions or standards of conduct contained in
                                    the Declaration, the Design Guidelines, or the Association Rules, which have been 
                                    committed by an Owner, an occupant of the Owner’s Lot , or the Owner or occupant’s 
                                    family, guests, employees, contractors, agents or invitees.  Each day of violation may 
                                    be considered a separate violation if the violation continues after written notice to the 
                                    Owner.  The Design Review Committee and/or the Board may assess damage charges 
                                    against an Owner for pecuniary loss to the Association from property damage or 
                                    destruction of Common Area by the Owner or the Owner’s family, guests, agents, 
                                    occupants, or tenants.  The manager Association shall have authority to send notices 
                                    to alleged violators, informing them of their violations and asking them to comply with 
                                    the rules and/or informing them of potential or probable fines or damage assessments.  
                                    The Board may from time to time adopt a schedule of fines.

The procedure for assessment of fines and damage charges shall be as follows:

            (1)        the Association, acting through a Design Review Committee member, officer, Board member or manager, must give the Owner notice of the fine or damage charge not later than thirty (30) days after the assessment of the fine or damage charge by the Association;

            (2)        the notice of the fine or damage charge must describe the violation or damage;

            (3)        the notice of the fine or damage charge must state the amount of the fine or damage charge;

            (4)        the notice of a fine or damage charge must state that the Owner may, not later than thirty (30) days after the date of the notice, request a hearing before the full Board to contest the fine or damage charge; and

            (5)        the notice of a fine must allow the Owner a reasonable time, by a specified date, to cure the violation and avoid the fine unless the Owner was given notice and a reasonable opportunity to cure a similar violation within the preceding six (6) months.

                                    Fine and/or damage charges are due immediately after the expiration of the thirty (30) 
                                    day period for requesting a hearing.  If a hearing is requested, such fines or damage 
                                    charges shall be due immediately after the Board’s decision at such hearing, assuming 
                                    that a fine or damage charge of some amount is confirmed by the Board at such
                                    hearing.  The minimum fine for each violation shall be set by the Design Review 
                                    Committee or the Board.

 

(f)         Other. To carry out and enforce all duties of the Association set forth in the Association Restrictions.

            3.05.    Powers and Authority of the Association.  The Association shall have the powers of a Texas non-profit corporation, subject only to such limitations upon the exercise of such power as are expressly set forth in this Declaration, the Articles and the Bylaws.  It shall further have the power to do and perform any and all acts that may be necessary or proper for or incidental to the exercise of any of the express powers granted to it by the laws of Texas or by this Declaration.  Without in any way limiting the generality of the two preceding sentences, the Association and the Board, acting on behalf of the Association, shall have the power and authority at all times as follows:

(a)        Assessments.  To levy assessments as provided herein.

                        (b)        Right of Entry and Enforcement.  To enter at any time in an emergency without notice, 
                                    or in a non-emergency after twenty-four (24) hours written notice, without being liable
                                    to any Owner or any other person or entity, upon any Lot or into any Improvement 
                                    thereon, or to enter at any time without notice onto any Common Area, for the purpose 
                                    of enforcing the Association Restrictions or for the purpose of maintaining or repairing 
                                    any area, Improvement, or other facility to conform to the Association Restrictions. The 
                                    expense incurred by the Association in connection with the entry upon any Lot and the
                                    maintenance and repair work conducted thereon shall be a personal obligation of the 
                                    Owner of the Lot entered upon, shall be deemed a special Assessment against such 
                                    Lot, shall be a lien upon the Lot entered upon and Improvements thereon, and shall be 
                                    enforced in the same manner and to the same extent as provided in Article V hereof for 
                                    regular and special Assessments. The Association shall have the power and authority 
                                    from time to time, in its own name and on its own behalf, or in the name of and on 
                                    behalf of any Owner who consents thereto, to commence and maintain actions and suits 
                                    to enforce, by mandatory injunction or otherwise, or to restrain and enjoin any breach or 
                                    threatened  breach of the Association Restrictions.  The Association is also authorized 
                                    to settle claims, 
                                    enforce liens, and take all such action as it may deem necessary or expedient to 
                                    enforce the  Association Restrictions; provided, however, that the Board shall never be 
                                    authorized to expend any Association funds for the purpose of bringing suit against 
                                    Declarant, its successors or assigns. Notwithstanding any provision herein to the 
                                    contrary, the Association may not alter or demolish any Improvements on any Lot other 
                                    than Common Area or Association Property in enforcing the Association Restrictions 
                                    before judicial proceedings are instituted by the Association or the written consent of the 
                                    Owner(s) of the affect Lot(s) has been obtained.  Each such Owner shall indemnify and 
                                    hold harmless the Association, its officers, directors, employees and agents from any 
                                    cost, loss, damage, expense, liability, claim or cause of action incurred or that may 
                                    arise by reason of the Association's acts or activities under this Section 3.05(b) 
                                    (including any cost, loss, damage, expense, liability, claim or cause of action arising out 
                                    of the Association's negligence in connection therewith), except for such cost, loss, 
                                    damage, expense, liability, claim or cause of action arising by reason of the 
                                    Association's gross negligence or willful misconduct. "Gross negligence" as used herein 
                                    does not include simple negligence, contributory negligence or similar negligence short 
                                    of actual gross negligence.  

                        (c)        Conveyances.  To grant and convey to any person or entity any real property and/or other interest, including fee title, leasehold estates, easements, rights-of-way, or Mortgages, out of, in, on, over, or under any Association Property for the purpose of constructing, erecting, operating, or maintaining thereon, therein, or thereunder:

(1)        Roads, streets, walks, street lights, driveways, lakes, wells, parking lots, trails, paths and fences;

(2)        Lines, cables, wires, conduits, pipelines, or other devices for utility purposes;

                                    (3)        Sewers, water systems, storm water drainage systems, sprinkler systems, and pipelines; or

                                    (4)        Any similar improvements or facilities.

Nothing set forth above, however, shall be construed to permit the use or occupancy of any improvement or other facility in any way that would violate applicable use and occupancy restrictions imposed thereon by the Association Restrictions, or by any governmental authority.

(d)        Manager.  To retain and pay for the services of a Manager to manage and operate the Association, including the Association Property, to the extent deemed advisable by the Board.  Additional personnel may be employed directly by the Association or may be furnished by the Manager.  To the extent permitted by law, the  Association and the Board may delegate any duties, powers, and functions to the Manager.  The Members of the Association hereby release the Association and the members of the Board from liability for any omission or improper exercise by the Manager of any such duty, power, or function so delegated.

(e)        Legal and Accounting Services.  To retain and pay for legal and accounting services necessary or proper in the operation of the Association.

(f)         Common Area Services.  To pay for water, sewer, garbage removal, landscaping, gardening, and all other utilities or services to, and all maintenance of the Common Area, including, but not limited to, any recreational facilities; to maintain and repair any recreational facilities, easements, roads, roadways, rights-of-way, parkways, median strips, sidewalks, paths, trails, fences, ponds, lakes located within or upon the Common Area, to keep all permits valid and in effect, and to maintain and repair other portions of the Common Area.

(g)        Other Services and Properties.  To obtain and pay for any other property and services, and to pay any other taxes or Assessments that the Association or the Board is required or permitted to secure or to pay for pursuant to applicable law or under the terms of the Association Restrictions.

                        (h)       Construction on Association Property.  To construct new Improvements on or additions to Association Property, subject to the approval of the Design Review Committee.

                        (i)         Contracts; Property Ownership.  To enter into contracts with Declarant and with other persons or entities on such terms and provisions as the Board shall determine, and to acquire, own, and dispose of all manner of real and personal property, whether by grant, lease, gift, or otherwise.

(j)         Security Services.  To provide for and construct and maintain facilities for the provision of security regarding the Property.

            3.06.    Indemnification.  To the fullest extent permitted by applicable law, but without duplication of (and subject to) any rights or benefits arising under the Articles or Bylaws of the Association, the Association shall indemnify any person who was or is a party, or is threatened to be made a party, to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative, by reason of the fact that such person is or was a director, officer, committee member, employee, servant, or agent of the Association against expenses (including attorney's fees, judgments, fines, and amounts paid in settlement) actually and reasonably incurred by such person in connection with such action, suit or proceeding if it is found and determined by the Board or a court that such person: (i) acted in good faith and in a manner which such person reasonably believed to be in, or not opposed to, the best interests of the Association; or (ii) with respect to any criminal action or proceeding, had no reasonable cause to believe such conduct was unlawful.  The termination of any action, suit, or proceeding by settlement, or upon a plea of Nolo Contendere or its equivalent, shall not of itself create a presumption that the person did not act in good faith or in a manner reasonably believed to be in, or not opposed to, the best interests of the Association, or, with respect to any criminal action or proceeding, had reasonable cause to believe that such conduct was unlawful.  The Board may purchase and maintain insurance on behalf of any person who is or was a director, officer, committee member, employee, servant, or agent of the Association, against any liability asserted against such person or incurred by such person in any such capacity, or arising out of the status of such person as such, whether or not the Association would have the power to indemnify such person against such liability hereunder or otherwise.

            3.07.    Ownership and Maintenance of Common Areas.  An express easement is hereby granted across the Common Area for the use of the surface for all governmental functions, vehicular and non-vehicular, including fire and police protection, solid and other waste materials pick-up and any other purpose any governmental authority deems necessary, and the Association does further agree that all governmental entities, their agents or employees, shall not be responsible or liable for any damage occurring to the surface of the Common Area as a result of governmental vehicles traversing over the same.        

                                                                     ARTICLE IV

                                                   INSURANCE AND CONDEMNATION

            4.01.    Insurance.  Each Owner shall be required to maintain insurance on the Improvements located upon such Owner's Lot , providing fire and extended coverage and all other coverage in the kinds and amounts commonly required by private institutional mortgage investors for Improvements similar in construction, location and use.  Such insurance policies shall be for the full insurable value of the Improvements constructed

upon each Lot, shall contain extended coverage and replacement costs endorsements, if reasonably available, and may also contain vandalism and malicious mischief coverage, special form endorsement, a stipulated amount clause and a determinable cash adjustment clause.  The Association shall not be required to maintain insurance on the Improvements constructed upon any Lot .  The Association may, however, obtain such insurance as it may deem necessary, including but not limited to such policies of liability and property damage insurance as the Board in its discretion may deem necessary.  Insurance premiums for such policies shall be a common expense to be included in the assessments levied by the Association.  The acquisition of insurance by the Association shall be without prejudice to the right and obligation of any Owner to obtain additional individual insurance.

            4.02.    Restoration.  In the event of any fire or other casualty, the Owner shall notify the Association within sixty (60) days of such casualty (the "Notification Deadline") whether the Owner will:  (i) repair, restore and replace any damaged or destroyed structures to their same exterior condition existing prior to the damage or destruction thereof; or (ii) remove all Improvements from the Lot and restore the Lot to its natural grade.  In the event Owner fails to notify the Association of its election pursuant to the foregoing sentence, Owner shall be deemed to have elected to restore and replace the damaged or destroyed structure.  If Owner elects to restore or replace the damaged or destroyed structure, such repair, restoration or replacement shall be commenced and completed in a good and workmanlike manner using exterior materials identical to those originally used in the structures damaged or destroyed.  To the extent that the Owner fails to commence such repair, restoration or replacement of substantial or total damage or destruction within thirty (30) days after the Notification Date of such damage or destruction, and thereafter prosecute same to completion, or if the Owner does not commence the removal of all Improvements from the Lot within thirty (30) after the Notification Date, the Association may commence, complete or effect such repair, restoration, replacement or removal, and such Owner shall be personally liable to the Association for the cost of such work; provided, however, that if the Owner is prohibited or delayed by law, regulation or administrative or public body or tribunal from commencing such repair, restoration, replacement or removal, the rights of the Association under this sentence shall not arise until the expiration of thirty (30) days after such prohibition or delay is removed.  If the Owner fails to pay such cost upon demand by the Association, the cost thereof (plus interest from the date of demand until paid at the maximum lawful rate, or if there is no such maximum lawful rate, than at the rate of one and one-half percent (1-1/2%) per month) shall be added to the Assessment chargeable to the Owner's Lot(s).  Any such amounts added to the Assessments chargeable against a Lot shall be secured by the liens reserved in the  Declaration for Assessments and may be collected by any means provided in the Declaration for the collection of Assessments, including, but not limited to, foreclosure of such liens against the Owner's Lot(s) .  Each such Owner shall indemnify and hold harmless the Association and its officers, directors, employees and agents from any cost, loss, damage, expense, liability, claim or cause of action incurred or that may arise by reason of the Association's acts or activities under this Section 4.02, except for such cost, loss, damage, expense, liability, claim or cost of action arising by reason of the Association's gross negligence or wilful misconduct.  "Gross negligence" as used herein does not include simple negligence, contributory negligence or similar negligence short of actual gross negligence.

            4.03.    Condemnation.  In the event that an action in eminent domain is brought to condemn a portion of the Common Area, the Association, in addition to the general powers set out herein, shall have the sole authority to determine whether to defend or resist any such proceeding, to make any settlement with respect thereto or to convey such property to the condemning authority in lieu of such condemnation proceeding.  With respect to any such taking, all damages and awards shall be determined for such taking as a whole and not for each Owner's interest therein.  After the damages or awards for a taking are determined, the damages or awards shall be divided uniformly with equal shares being allocated to each Lot , and thereafter such equal shares shall be paid to the account of each Owner and Mortgagee as their interests may appear, as disclosed to the Association in writing.

 

            4.04.    Mechanic's and Materialmen's Lien.  Each Owner whose structure is repaired, restored, replaced or cleaned up by the Association pursuant to the rights granted under this Article IV, hereby grants to the Association an express mechanic's and materialmen's lien for the reasonable cost of such repair, restoration, or replacement of the damaged or destroyed Improvement to the extent that the cost of such repair, restoration or replacement exceeds any insurance proceeds allocable to such repair, restoration or replacement and delivered to the Association.  Upon request by the Board and before the commencement of any reconstruction, repair, restoration or replacement, such Owner shall execute all documents sufficient to effectuate such mechanic's and materialmen's lien in favor of the Association.

                                                                     ARTICLE V

                                                 COVENANT FOR ASSESSMENTS

            5.01.    Assessments.  Each Owner of any Lot, by acceptance of a deed therefor or ownership interest thereto, whether or not it shall be so expressed in any such deed or other conveyance document, shall be deemed to covenant to pay to the Association: (i) Assessments or charges (as specified in Section 5.03, 5.03A hereof); (ii) Special Assessments (as specified in Section 5.04 hereof); and (iii) late charges (as specified in Section 5.06 hereof).  All of such Assessments shall be fixed, established, and collected from time to time as hereinafter provided.

            5.02.    Purpose of Assessments.  The Assessments levied by the Association shall be used exclusively for the purpose of promoting the comfort, health, safety, and welfare of the Owners, and the maintenance and improvement of the Property or any part thereof, including, without limitation, Common Area, and for carrying out the purposes of the Association as stated herein or as otherwise provided in the Articles or Bylaws.  No Assessments, regular or special, shall be levied against any Lot for costs associated with the construction of the streets and utilities within the Property, and perimeter fencing installed by the Declarant. 

            5.03.    Establishing Assessments.  Each fiscal year, the Board shall estimate the expenses to be incurred by the Association during each year in performing its functions with respect to the Property, including a reasonable provision for contingencies and appropriate replacement reserves, less any expected income and any surplus from the prior year's fund.  Assessments sufficient to pay such estimated net expenses shall then be levied as herein provided, and as between the Lots within the Property, the amount of the Assessments levied against each Lot shall be equal and uniform.  The level of Assessments set by the Board shall be final and binding so long as it is made in good faith.  If the sums collected prove inadequate for any reason, including nonpayment of any individual Assessment, the Association may at any time, and from time to time, levy further Assessments in the same manner as aforesaid.  All such regular Assessments shall be due and payable by each Owner to the Association during the fiscal year in equal monthly, quarterly, semi-annual, annual, or other periodic installments, as the Board determines in its sole discretion, on or before the first day of the applicable period.

           5.03A. Assessment for Security.  Each Owner of a Lot may be assessed a security Assessment by the Association for maintenance and operation of security facilities located on the Property.  The amount of the security Assessment shall be determined by the Board and assessed, billed, collected, secured, administered and payable in the same manner as other assessments under this Article V.

              5.04.    Special Assessments.  In addition to the Assessments authorized by Section 5.03 hereof, the Association may, by vote of its Members as set out in Section 5.04A hereof, levy Special Assessments for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, repair or replacement of any Improvement located upon any of the Common Area, or any portion of the Property owned by the Association, including the necessary fixtures and personal property related thereto, or for carrying out other purposes of or otherwise benefiting the Association.  

 

            5.04A. Vote Required for Special Assessment.  Special Assessments levied against the Owner(s) of a particular Lot to cure violations of the Association Restrictions by such Owner(s) shall be deemed approved and authorized automatically upon the occurrence of the events giving rise to such curative Special Assessments.  Special Assessments to be levied against all Owners as authorized by Section 5.04 hereof must be approved by a majority of the total votes of the membership of the Association determined in accordance with Section 3.03 of this Declaration, voting in person or by proxy, at a meeting duly called for such purpose, written notice of which shall be given to all Members in accordance with the Bylaws.

            5.05.    Due Date of Assessments.  The first Assessment shall become due and payable on each Lot in accordance with the periodic payment schedule established by the Board in accordance with Section 5.03.  The due date of any Special Assessment hereunder shall be fixed in the resolution authorizing such Assessment or, if not so fixed or established by other terms of this Declaration, the first day of the first month following the imposition of such Special Assessment.  Payments shall be considered delinquent if not paid within five (5) days after their due date.

            5.06.    Late Charges.  If any Assessment is not paid before it is delinquent, the Owner responsible for the payment thereof may be required by the Board to pay a late charge at such rate the Board may designate from time to time, and such late charge (and any reasonable handling costs therefor) shall be a charge upon the Lots owned by the said Owner to which the Assessment relates, collectible in the same manner as herein provided for collection of Assessments, including foreclosure of the lien against such Lot(s); provided, however, such charge shall never exceed the maximum charge permitted under applicable law.

            5.07.    Owner's Personal Obligation for Payment of Assessments.  The Assessments and late charges provided for herein shall be the personal and individual debt of each Owner.  No diminution or abatement of Assessments shall be allowed for inconveniences arising from the making of repairs or improvements to the Common Area or any Lot, and no Owner may exempt himself from liability for such Assessments and charges through non-use of such Owner's Lot or otherwise.

 

            5.08.    Assessment Lien and Foreclosure.  All sums assessed or charged in the manner provided in this Article but unpaid, together with all costs and expenses of collection, including reasonable attorney's fees, are secured by a continuing Assessment lien and shall constitute a charge on or against the Lot covered by such Assessment or charge, which shall bind such property in the hands of the Owner, and such Owner's heirs, devisees, and personal representatives, successors or assigns.  The obligation to pay Assessments hereunder is part of the purchase price of each Lot when sold to an Owner.  An express lien on each Lot is hereby granted and conveyed by Declarant to the Association to secure the payment thereof in each such instance, each such lien to be superior and paramount to any homestead or other exemption provided by law.  The aforesaid lien shall be superior to all other liens and charges against the said Lot, except only for tax liens, and all sums unpaid secured by a first-lien Mortgage securing sums borrowed for the purchase or improvements of the Lot in question, provided such Mortgage was recorded in the Official Public Records of Harris County, Texas before the delinquent Assessment was due.  The Association shall have the power to subordinate the aforesaid Assessment lien to any other lien.  Such power shall be entirely discretionary with the Board and such subordination must be signed by an officer of the Association.  The Association may, at its option and without prejudice to the priority or enforceability of the Assessment lien granted hereunder, prepare a written notice of Assessment lien setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot covered by such lien and a description of the Lot .  Such notice shall be signed by one of the officers of the Association and shall be recorded in the Official Public Records of Harris  County, Texas.  Each Owner, by accepting a deed to a Lot subject to this Declaration, shall be deemed conclusively to have granted a power of sale to the  Association to secure and enforce at any time after such payment becomes delinquent by the non-judicial foreclosure of such lien on the defaulting Owner's Lot by the Association in like manner as a deed of trust or real property mortgage with power of sale under Tex. Prop. Code § 51.002.  (For such purpose, Robert D. Burton of Travis County, Texas is hereby designated as trustee for the benefit of the Association, with the Association retaining the power to remove any trustee with or without cause and to appoint a successor trustee without the consent or joinder of any other person.)  The Assessment liens and rights to foreclosure thereof shall be in addition to and not in substitution of any other rights and remedies the Association may have by law and under the Association Restrictions, including the rights of the Association to institute suit against the Owner personally obligated to pay the Assessment for monetary damages and/or for foreclosure of the aforesaid lien judicially.  In any foreclosure proceeding, whether judicial or non-judicial, the Owner shall be required to pay the costs, expenses, and reasonable trustee's and attorney's fees incurred.  The Association shall have the power to bid (in cash or by credit against the amount secured by the lien) on the property at foreclosure or other legal sale and to acquire, hold, lease, mortgage, convey or otherwise deal with the same.  Upon the written request of any Mortgagee holding a prior lien on any Lot , the Association shall report to said Mortgagee any Assessments remaining unpaid for longer than thirty (30) days after the same are due.  The lien hereunder shall not be affected by the sale or transfer of any Lot; except, however, that in the event of foreclosure of any first-lien Mortgage, the lien for any Assessments that were due and payable before the foreclosure sale will be extinguished, provided that past-due Assessments shall be paid out of the proceeds of such foreclosure sale only to the extent that funds are available after the satisfaction of the indebtedness secured by the first-lien Mortgage.  The provisions of the preceding sentence will not, however, relieve any subsequent Lot Owner from paying assessments becoming due and payable after the foreclosure sale.  Upon payment of all sums secured by a lien of the type described in this paragraph, the Association shall upon the request of the Owner execute a release of lien relating to any lien for which written notice has been filed as provided above, except in circumstances in which the Association has already foreclosed such lien.  Such release shall be signed by an officer of the Association.

            5.09.    Exemptions; Declarant Subsidy.  Notwithstanding any provision herein to the contrary, all Property and any Lot owned by Declarant and all Common Area shall be exempt from the payment of any Assessment levied by the Association, regular or special.  Declarant may, bur shall have no obligation to, provide a subsidy to the Association to offset the difference between the estimated or actual annual Assessments collected by the Association and the estimated or actual expenses to be incurred by the Association during each year in performing its functions with respect to the Property.  Any subsidy provided by the Declarant to the Association may be treated as a contribution or a loan at the discretion of the Declarant.  Payment of any subsidy in any year shall not obligate the Declarant to continue payment of a subsidy in future years.  Any subsidy provided by the Declarant may be provided in the form of cash or “in kind” contributions of services or materials, or through a combination thereof.   

 

                                                                     ARTICLE VI

                                                    DESIGN REVIEW COMMITTEE

                        6.01.    Construction of Improvements.  No Improvement may be erected, placed, constructed, painted, altered, modified or remodeled on any Lot , and no Lot may be resubdivided or consolidated with other Lots or Property, by anyone other than the Declarant, without the prior written approval of the Design Review Committee.

                        6.02.    Design Review Committee.

                        (a)        Composition.  The Design Review Committee shall be composed of up to three (3) persons appointed as provided below, who shall review Improvements proposed to be made by any Owner other than Declarant.  Declarant shall have the right to appoint and remove (with or without cause), at any time, all members of the Design Review Committee.  Declarant may delegate this right to the Board by written instrument, and thereafter, the Board shall have the right to appoint and remove all members of the Design Review Committee.  At the first time at which Declarant owns no Property, the power to appoint and remove members of the Design Review Committee shall automatically be vested in the Board.

                         (b)        Submission and Approval of Plans and Specifications.  Two (2) copies of the construction plans and specifications (including but not limited to exterior views, exterior materials, colors and elevation, a drainage plan, a site plan showing the location of any proposed structure or improvement, and a driveway construction plan) or, consolidate Lots, a proposal in the form required by the Design Review Committee, and any other information or documents that may be required by the Design Review Committee, shall be delivered, together with any review fee which is imposed by the Design Review Committee in accordance with Section 6.02(d) to the Design Review Committee at the offices of Declarant at 402 Heights Blvd., Houston, Texas, 77007, or such other address as may hereafter be designated in writing from time to time, not less than fourteen (14) days prior to the date on which the Owner proposes to commence construction or resubdivision/consolidation.  No resubdivision or consolidation shall be made, nor any Improvement placed or allowed on any Lot, until the plans and specifications therefor and the builder which the Owner intends to use to construct the proposed structure or Improvement have been approved in writing by a majority of the members of the Design Review Committee.  The Design Review Committee may, in reviewing such plans and specification consider any information that it deems, proper, including, without limitation, any permits, environmental impact statements or percolation tests that may be required by the Design Review Committee or any other entity; information relating to the question of whether any proposed Improvement would unreasonably obstruct the view from any portion of the Property or neighboring Lots; and harmony of external design and location in relation to surrounding structures, topography, vegetation, and finished grade elevation.  Notwithstanding the foregoing sentence, no provision in this Declaration or in any rules or guidelines adopted by the Design Review Committee pursuant to Section 6.02(a), shall be construed or interpreted to insure or represent that the Design Review Committee, the Board, or Declarant represents, warrants, or covenants to any Owner that the preservation of views from any Improvement shall be a precondition to the approval of plans and specifications which pertain to any proposed Improvement.  The Design Review Committee may postpone its review of any plans and specifications submitted for approval pending receipt of any information or material which the Design Review Committee, in its sole discretion, may require.  A copy of the construction plans and specifications and a site plan showing the location of the proposed structure or Improvement, if approved, shall remain in the possession of the Design Review Committee until the Development is built out in its entirety.  Site plans must be approved by the Design Review Committee prior to the clearing of any Lot, or the construction of any Improvements thereon.  The Design Review Committee may refuse to approve plans and specifications for proposed Improvements, or for the resubdivision or consolidation of any Lot on any grounds that, in the sole and absolute discretion of the Design Review Committee, are deemed sufficient, including, but not limited to, purely aesthetic grounds.  Attendance at meetings of the Design Review Committee shall be restricted unless otherwise approved by a majority of the members of the Design Review Committee to: (i) members of the Design Review Committee; (ii) the Lot  Owner, or such Owner’s representative, whose plans and specifications are to be considered at such meeting; and (iii) any consultant to the Design Review Committee.   

 

                        (c)        Submission and Approval of Landscaping Plans.  Each Owner shall be required to install landscaping upon such Owner’s Lot in accordance with Section 2.01(q) and landscaping plans approved in advance of installation by the Design Review Committee.  Notwithstanding any provision in this Declaration to the contrary, such landscaping plans must be approved by the Design Review Committee prior to occupancy of the single family residential structure located on the Lot to which such landscaping plans relate.

                        (d)        Adoption of Rules and Regulations.  The Design Review Committee shall have the authority to adopt such procedural and substantive rules and guidelines (including without limitation the imposition of any requirements for certificates of compliance or completion relating to any Improvement), not in conflict with this Declaration, as it may deem necessary or appropriate in connection with the performance of its duties hereunder, including rules and guidelines establishing and describing its review procedures, and principles and criteria used in its review.  The Design Review Committee may amend or modify or supplement its rules and guidelines from time to time as the Design Review Committee deems advisable.  In addition the Design Review Committee shall have the power and authority to impose such reasonable charges for the review of plans, specifications and other documents and information submitted to it pursuant to the terms of this Declaration.  Such charges shall be held by the Design Review Committee and used to defray the administrative expenses incurred by the Design Review Committee in performing its duties hereunder, provided, however, that any excess funds held by the Design Review Committee shall be distributed to the Association at the end of each calendar year.

                 (e)        Actions of the Design Review Committee.  The Design Review Committee may, by resolution unanimously adopted in writing, designate one or two of its members or an agent acting on its behalf to take any action or perform any duties for and on behalf of the Design Review Committee, except the granting of variances as hereinafter provided.  In the absence of such designation, the vote of a majority of all of the members of the Design Review Committee taken at a duly constituted meeting shall constitute an act of the Design Review Committee.

                        (f)        Failure to Act.  In the event that any plans and specifications are submitted to the Design Review Committee as provided herein, and the Design Review Committee shall fail either to approve or reject such plans and specifications for a period of twenty-one (21) days following such submission, no approval by the Design Review Committee shall be required, and approval of such plans and specifications shall be presumed; provided, however, that such twenty-one (21) day period shall not begin to run until all information required to be submitted by the Design Review Committee to assist in its review of any plans or specifications has been received by the Design Review Committee.  Any failure of the Design Review Committee to act upon a request for a variance hereunder shall not be deemed a consent to such variance, and the Design Review Committee's written approval of all requests for variances shall be expressly required.  

 

                        (g)        Variances.  The Design Review Committee may grant variances from compliance with any of the provisions of this Declaration, including, but not limited to, restrictions upon height, size, shape, floor areas, land area, placement of structures, set-backs, building envelopes, colors, materials, or land use, when, in the opinion of the Design Review Committee, in its sole and absolute discretion, such variance will not be adverse to the overall development plan for the Property, and such variance is justified due to visual or aesthetic considerations or unusual circumstances.  All variances must be evidenced in writing and must be signed by at least a majority of the members of the Design Review Committee.  Plans and specifications which have been approved by the Design Review Committee without conditions or exception and which reflect deviations from this Declaration shall constitute a writing for the purpose of the foregoing sentence.  If a variance is granted, no violation of the covenants, conditions, or restrictions contained in this Declaration or any supplemental declaration shall be deemed to have occurred with respect to the matter for which the variance was granted.  The granting of such variance shall not operate to waive or amend any of the terms and provisions of this Declaration or any supplemental declaration for any purpose except as to the particular property and in the particular instance covered by the variance, and in no event shall such variance be considered to establish a precedent for any future waiver, modification, or amendment of the terms and provisions hereof.  All variances considered by the Design Review Committee shall be subject to and consistent with any rules, regulations, or development codes of the City of Jersey Village.

                        (h)        Duration of Approval.  The approval of the Design Review Committee of any plans and specifications, whether by action or inaction, and any variances granted by the Design Review Committee shall be valid for a period of ninety (90) days only.  If construction in accordance with such plans and specifications or variance is not commenced within such ninety (90) day period and diligently prosecuted to completion thereafter, the Owner shall be required to resubmit such plans and specifications or request for a variance to the Design Review Committee, and the Design Review Committee shall have the authority to re-evaluate such plans and specifications in accordance with this Section and may, in addition, consider any change in circumstances which may have occurred since the time of the original approval thereof.  The construction of any single family residence on a Lot pursuant to approved plans and specifications shall be completed within eighteen (18) months after the plans and specifications have been approved by the Design Review Committee. 

                        (i)         No Waiver of Future Approvals.  The approval of the Design Review Committee to any plans or specifications for any work done or proposed in connection with any matter requiring the approval or consent of the Design Review Committee shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any plans and specification on any other matter, subsequently or additionally submitted for approval by the same or a different person, nor shall such approval or consent be deemed to establish a precedent for future approvals by the Design Review Committee.  

                        (j)         Non-liability of Committee Members.  Neither the Design Review Committee, nor any member thereof shall be liable to any Owner or to any other person for any loss, damage or injury arising out of the performance of the Design Review Committee's duties under this Declaration, unless such loss, damage, or injury is due to the willful misconduct or bad faith of the Design Review Committee or one or more of its members, as the case may be.

 

                                                                   ARTICLE VII

                                                      MORTGAGE PROTECTION 

            7.01.    Notice to Association.  An Owner who mortgages such Owner's Lot and any residence or structure thereon shall notify the Board, giving the name and address of such Owner's Mortgagee.  The Board may, at its election, maintain such information in a book entitled "Mortgagees of Owners."

            7.02.    Examination of Books.  The Association shall permit Mortgagees to examine the books and records of the Association during normal business hours upon one business day's notice (not less than 24 hours).

            7.03.    Taxes, Assessments and Charges.  All taxes, assessments and charges which may become liens prior to first lien mortgages under local law shall relate only to the individual Lots and not to the Property as a whole.

                                                                  ARTICLE VIII

                                                                 EASEMENTS

            8.01.    Right of Ingress and Egress.  Declarant, its agents and employees, shall have a right of ingress and egress over and the right of access to the Common Area to the extent necessary to use the Common Area and the right to such other temporary uses of the Common Area as may be required or reasonably desirable (as determined by Declarant in its sole discretion) in connection with the construction and development of the Property.

            8.02.    Fence, Roadway and Utility Easements.  All dedications, limitations, restrictions and reservations shown on any Plat and all grants and dedications of easements, rights-of-way, restrictions and related rights made by Declarant are incorporated herein by reference and made a part of this Declaration for all purposes as if fully set forth herein, and shall be construed as being adopted in each and every contract, deed or conveyance executed or to be executed by or on behalf of Declarant conveying any part of the Property.  Declarant reserves the right to relocate, make changes in, and additions to said easements, rights-of-way, dedications, limitations, reservations and grants for the purpose of most efficiently and economically developing the Property.  In addition, Declarant reserves the right to locate, relocate, construct, erect, and maintain or cause to be located, relocated, constructed, erected, and maintained in and on any streets located within the Property, or areas conveyed to the Association, or areas reserved or held as Common Area, fences common to the Property, roadways, sewer lines, water lines, cable television and other communication lines, electrical lines and conduits, and other pipelines, conduits, wires, and any public utility function or facilities beneath or above the surface of the ground with the right of access to the same at any time for the purposes of repair and maintenance, and without regard as to whether such facilities serve the Property.  The easements reserved in the previous sentence may be assigned by Declarant, exclusively or non-exclusively, to any third party.   Declarant shall be entitled to cause to be constructed fences common to the Property (the “Common Fences”) along and adjacent to: (i) the east, west, and north perimeter boundary of the Property; and (ii) along and adjacent to the perimeter of Reserve A, Reserve B, Reserve C, and Reserve D as shown on the Plat.  Declarant hereby reserves an easement over and across a ten (10) foot strip of land located along the rear lot line of each Lot which shares a common boundary line with the: (i) the east, west, and north perimeter boundary of the Property; and (ii) Reserve A, Reserve B, Reserve C, and Reserve D as shown on the Plat, for the purpose of constructing, erecting, reconstructing, and maintaining the Common Fences.  The easement for maintenance and reconstruction of the Common Fences reserved hereunder may be partially assigned by Declarant to the Association.  In the event any portion of the Common Fence is located on a Lot , the Owner of such Lot shall be required to maintain that portion of the Common Fence in accordance with guidelines established by the Design Review Committee.  

 

                                                                    ARTICLE IX

                             ADDITION OF LAND AND ADDITIONAL RESTRICTIONS

            9.01     Addition of Land.  Declarant may have the right at any time, and from time to time, to add additional land to the Property (the “Additional Property”)  by filing in the Official Public Records of Harris County, Texas, a notice of addition of land which includes the following provisions:

                        (a)        a reference to this Declaration;

                        (b)        a statement that the provisions of this Declaration shall apply to the added land; and

                        (c)        a legal description of the added land.  

This right may be exercised with respect to all or any portions of the Additional Property at any time and from time to time.  The execution and recordation by Declarant of any such notice of addition of land shall constitute and effectuate: (i) the annexation of the land described therein to the Property, making all or any portion of any such land subject to this Declaration and the other Association Restrictions (including without limitation, all provisions therein relating to the functions, powers and jurisdiction of the Association); and (ii) the conveyance to the Association of any Common Areas which may be included in the added land.  Thereafter, said added lands shall be a part of the Property and all owners of any portion of such added land shall automatically be Members.  Declarant has no obligation to annex any land to the Property, and no land shall become subject to this Declaration unless and until a notice of addition of land shall have been executed and recorded by Declarant as provided herein.

            9.02     Additional Restrictions.  The Additional Property shall be owned, held, encumbered, leased, used, occupied and enjoyed subject to the following limitations and restrictions which are applied to the Property in addition to and not in lieu of the limitations and restrictions set out in this Declaration:

                        (a)        The Lots shall be used solely for private single family residential purposes.  Multiple residences may be constructed within the Condominium Lot.  Otherwise, there shall not be constructed or maintained on any Lot more than one detached single family residence.

                        (b)        It is contemplated that Additional Property may consist of a tract designated for condominium use.  In the event that Additional Property is added to this Declaration and such Additional Property is designated as a “Condominium Lot” in the notice filed pursuant to Section 9.01, then the Owner of such Condominium Lot, with Declarant’s written consent, may impress the Condominium Lot with a condominium declaration prepared and filed in accordance with the Texas Uniform Condominium Act, or successor statute.  Declarant shall be entitled to amend the terms and provisions of this Declaration to facilitate development of a condominium regime on the Condominium Lot, which amendments may include, but not be limited to, alternations of masonry, square footage, or any other requirement of this Declaration.

                                                                 

                                                                    ARTICLE X

                                                         GENERAL PROVISIONS

            10.01.  Duration.  This Declaration and the covenants, conditions, restrictions, easements, charges, and liens set out herein shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, and every Owner, including Declarant, and their respective legal representatives, heirs, successors, and assigns, for a term beginning on the date this Declaration is recorded in the Official Public Records of Harris County, Texas, and continuing through and including January 1, 2050, after which time this Declaration shall be automatically extended for successive periods of five (5) years unless a change (the word "change" meaning a termination, or change of term or renewal term) is approved in a resolution adopted by members of the Association, entitled to cast at least seventy percent (70%) of the total number of votes of the Association, voting in person or by proxy at a meeting duly called for such purpose, written notice of which shall be given to all Members at least thirty (30) days in advance and shall set forth the purpose of such meeting; provided, however, that such change shall be effective only upon the recording of a certified copy of such resolution in the Official Public Records of Harris County, Texas.

            10.02.  Amendment.  This Declaration may be amended or terminated by the recording in the Official Public Records of Harris County, Texas, of an instrument setting forth the amendment executed and acknowledged by: (i) the Declarant acting alone; or (ii) the Declarant and the President and Secretary of the Association certifying that such amendment has been approved by the Members of the Association, entitled to cast at least fifty-one percent (51.0%) of the number of votes of the Association.

            10.03.  Roadway, Utility and General Fence Easements.  Declarant reserves the right to locate, relocate, construct, erect, and maintain or cause to be located, constructed, erected, and maintained in and on any property maintained by the Association or areas conveyed to the Association or reserved as Common Areas, sewer lines, water lines, cable television and other communication lines, electrical lines and conduits, and other pipelines, conduits, wires, and any public utility function beneath or above the surface of the ground and fences common to the entire Property, with the right of access to the same at any time for the purposes of repair and maintenance, and without regard as to whether such facilities serve the Property.  Specifically, Declarant reserves an exclusive easement for drainage and detention over, under and across Reserve A.  The easements reserved in the previous sentences may be assigned by Declarant, exclusively or non-exclusively, to any third party.

            10.04.  Notices.  Any notice permitted or required to be given by this Declaration shall be in writing and may be delivered either personally, by mail, or facsimile.  If delivery is made by mail, it shall be deemed to have been delivered on the third (3rd) day (other than a Saturday, Sunday, or legal holiday) after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to the person at the address given by such person in writing to the Secretary of the Association for the purpose of service of notices, or to the residence located on the Lot owned by such person if no address has been given to the Secretary of the Association.  Such address may be changed from time to time by notice in writing given by such person to the Secretary of the Association.

            10.05.  Interpretation.  The provision of this Declaration shall be liberally construed to effectuate the purpose of creating a uniform plan for the development and operation of the Property, provided, however, that the provisions of this Declaration shall not be held to impose any restriction, condition or covenant whatsoever on any land owned by Declarant other than the Property.  This Declaration shall be construed and governed under the laws of the State of Texas .  All improvements in publicly dedicated easements shall be subject to and consistent with any rules, regulations, or development code of the City of Jersey Village.  

            10.06.  Construction Activities.  This Declaration shall not be construed so as to unreasonably interfere with or prevent normal construction activities during the construction of improvements upon Lots within the Property, so long as such construction is pursuant to proper approval of the Design Review Committee.

            10.07.  Gender.  Whenever the context shall so require, all words herein in the male gender shall be deemed to include the female or neuter gender, all singular words shall include the plural, and all plural words shall include the singular.

            10.08.  Assignment of Declarant.  Notwithstanding any provision in this Declaration to the contrary, Declarant may assign, in whole or in part, any of its privileges, exemptions, rights, easements, and duties under this Declaration to any person or entity and may permit the participation, in whole or in part, by any other person or entity in any of its privileges, exemptions, rights, easements, and duties hereunder.

            10.09.  Enforcement and Nonwaiver.

(a)        Except as otherwise provided herein, any Owner of a Lot , at such Owner's own expense, Declarant, and/or the Association shall have the right to enforce all of the provisions of this Declaration.  The Association may initiate, defend or intervene in any action brought to enforce any provision of this Declaration.  Such right of enforcement shall include both damages for and injunctive relief against the breach of any provision hereof.

(b)        Every act or omission whereby any provision of the Association Restrictions is violated, in whole or in part, is hereby declared to be a nuisance and may be enjoined or abated by any Owner of a Lot (at such Owner's own expense), Declarant or the Association.

(c)        Any violation of any federal, state, or local law, ordinance, or regulation pertaining to the ownership, occupancy, or use of any portion of the Property is hereby declared to be a violation of this Declaration and subject to all of the enforcement procedures set forth herein.

(d)        The failure to enforce any provision of the Association Restrictions at any time shall not constitute a waiver of the right thereafter to enforce any such provision or any other provision of the Association Restrictions.

            10.10.  Construction.  The provisions of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion hereof shall not affect the validity or enforceability of any other provision.  Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine, or neuter shall each include the masculine, feminine, and neuter.  All captions and titles used in this Declaration are intended solely for convenience of reference and shall not enlarge, limit, or otherwise affect that which is set forth in any of the paragraphs, sections, or articles hereof.

 

                                                                       ARTICLE XI

                                                 GENERAL DISCLOSURES AND NOTICES

            11.01.  The Conceptual Plans. All other master plans, site plans, brochures, illustrations, information and marketing materials relating to the Property (collectively, the “Conceptual Plans”) are conceptual in nature and are intended to be used for illustrative purposes only.  Neither Declarant nor any homebuilder or other developer of any portion of the Property makes any representation or warranty concerning such land uses and it is expressly agreed and understood that no Owner shall be entitled to rely upon the Conceptual Plans in making the decision to purchase any land or Improvements within the Property.

            11.02.  Construction Matters.  Land development activities and construction activities will occur within and around the Property and such activities will create noise, dust, traffic disruption and general inconvenience to the residents within the Property.

            11.03.  Views.  Views within the Property are not protected.  No warranty, representation or guaranty is made to any Owner by Declarant or by any homebuilder or developer of any portion of the Property, that any views from any portion of the Property will be protected or remain the same.

            11.04.  Warranties and Representations Regarding Improvements.  Declarant is not responsible for, nor does it assume or warrant as true, any representation or warranty made by any person who may be associated with the marketing and sale of any residences or other Improvements within the Property.  Declarant is not responsible for, nor does it assume or warrant, the quality of construction of any home, building or other Improvements which are not constructed by Declarant.

            11.05.  Storm Water Drainage.  Each Owner is responsible for complying with all governmental and/or regulatory requirements which  may apply with respect to the drainage or detention of storm water within such Owner’s Lot .  Declarant expressly disclaims any responsibility, representation or warranty with respect to the drainage and/or detention of storm water within any Lot .

            EXECUTED to be effective the _____ day of __________________, 2002.

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