AMENDED AND RESTATED
DECLARATION OF COVENANTS, CONDITIONS
AND
RESTRICTIONS FOR THE LAKES OF SHAD
SHORES
THIS
AMENDED AND RESTATED DECLARTATION is made this 11th day of April,
1999, by the following Owners, constituting not less than seventy-five percent
(75%) of the votes of the Associations:
Lot
Owned by Owner I Lakes of Shady Shores Addition to the Town of Shady Shores,
per Plat recorded at Cabinet K. Slide
315, No. 94-R-0071936,
Owner’s Name: Denton
County Texas:
1. Mark Russell Lot
6, Block B
1. Susan
C. Russell Lot
6, Block B
2. Craig Hardy Lot 7, Block B
2. Laurie
Ann Hardy Lot
7, Block B
3. Kenneth
Davis Lot
16, Block A
3. Kathy
Davis Lot
16, Block A
4. William A. Smith, Jr., Lot 4, Block A
4. Paula
L. Smith Lot
4, Block A
5. Elizabeth Chandler Lot 18, Block A
5. Paul G. Chandler Lot 18, Block A
6. Arne J. Almquist Lot 5, Block A
6. Sharon Almquist Lot 5, Block A
7. Thurston A. Smith Lot 6, Block D
7. Rose Anna Smith Lot 6, Block D
8. Alfred R. Ramirez Lot 10, Block D
8. Janet E. Ramirez Lot 10, Block D
9. Marvin
J. Durham Lot
3, Block B
9. Gwendolyn
K. Durham Lot 3,
Block B
10.
Rito
M. Sepe Lot
11, Block A
10. Jeannie
V. Sepe Lot
11, Block A
11. Roberta
C. Boyd Lot
8, Block D
11. (NONE)
12.
Jason B. Rieger Lot
3, Block C
12. Marcia
Leigh Rieger Lot
3, Block C
13.
Steven D. Raines Lot
12, Block A
13. Ruby H. Raines Lot 12, Block A
14. Don A. Bradley Lot 8, Block C
14. Ursula Bradley Lot 8, Block C
15. Gerlinda Hearn Lot 2, Block
D
15. (NONE)
16. Terri Lynn Culp Lot 14, Block A
16. (NONE)
17.
Helene A. Wenger Lot
9, Block A
17. (NONE)
18. Bobby
Dean Saine Lot
17, Block A
18. (NONE)
19.
Phillip Havens Lot
4, Block D
19. Jo
Havens Lot
4, Block D
20.
(NONE)
20. (NONE)
21. John A. Naab Lot 7,
Block A
21. Sandra J. Naab Lot 7, Block
A
22. Woodrow W. Burch Lot 11, Block D
22. Norma G. Burch Lot 11, Block D
23. Pamela K. Mintz Lot 1, Block A
23. (NONE)
24.
Allen J. Newbrand Lot
3, Block A
24. Edith
R. Newbrand Lot
3, Block A
25. William
C. Roberts, Sr. Lot
4, Block C
25. Ellen
R. Roberts Lot
4, Block C
26.
Lee A. Miller Lot
7, Block C
26. Moreen R. Miller Lot
7, Block C
27.
(NONE)
27. Rayond T.
Fields Lot
6, Block A
28. Barry L. Caudill Lot 6, Block C
28. Beth A. Caudill Lot 6, Block C
29. Jerry V. Whittle, Jr. Lot 5, Block D
29. (NONE)
30. Philip B. Santogrossi Lot 2, Block B
30. Phyllis C. Santogrossi Lot 2, Block B
31.
Hoyt Y. Bedingfield Lot
8, Block B
31. Nancy
T. Bedingield Lot
8, Block B
32. William
Allen Marmet Lot
7, Block D
32. Barbara
Ann Marmet Lot
7, Block D
33.
Danny K. Reid Lot
3, Block D
33. Theresa
F. Reid Lot
3, Block D
34.
Deborah G. Logan Lot
8, Block A
34. Brent Allen Logan Lot 8, Block A
35. George Allen McDonald Lot 15, Block A
35. (NONE)
36. Kyle C. Riley Lot 5, Block B
36. Mariana G. Riley Lot 5, Block B
37. Martha Anderson Lot 1, Block D
37. (NONE)
38.
Laura White Lot
4, Block B
38. William
White Lot
4, Block B
39. Hussein
Moradi Lot
2, Block C
39. (NONE)
40.
Mick Currey Lot
13, Block A
40. Cathy
Currey Lot
13, Block A
41.
(NONE)
41. (NONE)
42. (NONE)
42. (NONE)
43. (NONE)
43. (NONE)
44. (NONE)
44. (NONE)
45.
(NONE)
45. (NONE)
46.
(NONE)
46. (NONE)
WHEREAS, A.
Ben Pinnell, Jr., Declarant,
executed and recorded that certain Declaration of Covenants, Conditions and
Restrictions for The Lakes of Shady Shores Homeowners Association, Inc. (the
“Initial Declaration”), dated October 3, 1995, recorded as Document No. 064127,
Real Property Records, Denton County, Texas; and
WHEREAS,
Owners have acquired all of the right, title and interest in and to the real
property encumbered by the Initial Declaration; and
WHEREAS,
Owners, as the owners of all of the real property encumbered by the Initial
Declaration, desire to amend, and restate in its entirety, the Initial
Declaration; and
WHEREAS,
Owners desire to, among other things, limit the right of the Association to
annex additional properties and to correct certain technical errors; and
WHEREAS,
Seventy-five percent (75%) of the Owners may amend the Initial Declaration, all
in accordance with Article X, Section 2 thereof.
WHEREAS,
the undersigned desires to create an exclusive planned community known as The
Lakes of Shady Shores on the Property pursuant to the terms and provisions of
this Declaration
NOW,
THEREFORE, the property described in Exhibit “A”, which is attached hereto and
incorporated herein by reference, is and shall be held, transferred, sold,
conveyed and occupied, subject to the Covenants, Conditions, Restrictions,
Easements, charges and liens (sometimes referred to as the “Covenants and
Restrictions”) hereinafter set forth as a restatement and a replacement of
those in the Initial Declaration, and this Restated/Amended Declaration of
Covenants, Conditions and Restrictions shall be deemed to be covenants running
with the land and imposed and intended to benefit and burden each Lot and other
portions of the property, such Covenants being binding on all parties having
any right, title or interest therein or any part thereof, their respective
heirs, personal representatives, successors and assigns, with such Covenants
incurring to the benefit of each Owner.
CHAPTER
2 ARTICLE
I
CHAPTER
3 DEFINITIONS
Section 1. “Property”
shall mean and refer to the real property described in Exhibit “A”.
Section 2. “Association”
shall mean and refer to The Lakes of Shady Shores Homeowners Association, Inc.,
a Texas not-for-profit Corporation established for the purpose set forth
therein.
Section 3.
“Lot” shall mean and
refer to any plot of land indicated upon any recorded subdivision map of
Property or any part thereof creating single-family homesites,
with the exception of the Common Area and areas deeded to a governmental
authority or utility, together with all improvements thereon.
Section 4. “Unit”
shall mean and refer to any residential dwelling situated upon any Lot.
Section 5.
“Owner” shall mean and
refer to the record owner, whether one or more persons or entities, of the fee
simple title to any Lot, including contract sellers, but excluding those having
such interest merely as security for the performance of an obligation.
Section 6. “Common
Area” shall mean and refer to that portion of the Property, if any,
conveyed to the Association for the use and benefit of the Owners, including
the following: The private streets,
typically 24 feet in width, as shown on the Plat; The island at the Lakeside
Drive/Shady Shores Road intersection and the Lakes 1, 2 and 3, as shown on the
Plat.
Section 7. “Common
Maintenance Areas” shall mean and refer to the Common Areas, if any, and
the entrance monuments, lakes, drainage facilities, detention ponds,
right-of-way as deemed appropriate by the Board of Directors of the Association
for the preservation, protection and enhancement of the property values and the
general health, safety or welfare of the Owners.
Section 8. “Declaration”
shall mean and refer to the Amended and Restated Declaration of
Covenants, Conditions and Restrictions for The Lakes of Shady Shores, and any
amendments, annexations and supplements thereto made in accordance with its
terms.
Section 9. “Plat”
the final Plat of the Property, as filed in the Denton County records as No.
94-R0071936.
Section
10. “Member” shall
and refer to each Owner as provided in Article II hereof.
CHAPTER
4 ARTICLE
II
THE
LAKES OF SHADY SHORES HOMEOWNERS ASSOCIATION, INC.
Section 1. Membership. Every Owner of a Lot shall be a member of the
Association. Membership shall be
appurtenant to and shall not be separated from ownership of any Lot. Every member shall have the right at all
reasonable times during business hours to inspect the books of the Association.
Section 2. Funding.
Subject to the terms of this Article, each Owner of any Lot by
acceptance of a deed therefore, whether or not it shall be so expressed in such
deed, covenants and agrees to pay to the Association: (1) annual
assessment or charges, and (2) special assessments for capital
improvements, such assessments to be established and collected as hereinafter
provided. Such assessments will remain
effective for the full term (and extended term, if applicable) of this
Declaration. The annual and special
assessments, together with interest, costs, and reasonable attorney’s fees,
shall be a charge on the land and shall be a continuing lien upon the Lot
against which each such assessment is made.
Each such assessment, together with interest, costs, and reasonable
attorney’s fees shall also be the personal obligation of the person who was the
Owner of such Lot at the time when the assessment fell due. The personal obligation for delinquent
assessments shall not pass to the successors in title of such Owner unless
expressly assumed by them.
Section 3. Assessments.
(a) Maintenacne
Assessment. Subject to the terms
of this Article, each Lot is hereby subject to an initial maximum maintenance
charge of $50.00 per month or $600.00 per annum (until such maintenance charge
shall be increased in the By-Laws of the Association), for the purpose of
creating a fund to be designated and known as the “Maintenance Fund”, which
maintenance charge and assessment will be paid by the Owner or Owners of each
Lot in advance in monthly, quarterly, or annual installments, commencing as to
all Lots on which a completed Unit is then located or the conveyance of the
first Lot to an Owner and as to all other Lots as of the Completion of the Unit
thereon. The rate at which each Lot
will be assessed, and whether such assessment shall be payable monthly,
quarterly, or annually, will be determined by the Board of Directors of the
Association at least thirty (30) days in advance of each affected assessment
period. Said rate may be adjusted from
time to time by the Board of Directors as the needs of the Association may, in
the judgment of the Directors, require.
The assessment for each Lot shall be uniform except as provided in
Subsection (b) of this Section 3. The
Association shall, upon written demand and for a reasonable charge, furnish a
certificate signed by an officer of the Association setting forth whether or
not the assessment has been paid for the assessment period.
(b) Purpose of the Maintenance fund. The Association shall establish a maintenance
fund composed of Owner’s annual maintenance assessments and shall use the
proceeds of such fund in providing the normal, recurring maintenance charges
for the Common Maintenance Areas for the use and benefit of all members of the
Association. Such uses and benefits to
be provided by the Association may include, by way of clarification and not
limitation, any and all of the following:
Normal, recurring maintenance of the common Maintenance
Areas and Easements, (including but not limited to, mowing, edging, watering,
clipping, sweeping, pruning, raking, and otherwise caring for existing
landscaping) and the improvements to such Common Maintenance Areas, such as
sprinkler systems, and private/public streets, if any, provided the Association
shall have no obligation (except as expressly provided hereinafter) to make
capital improvement to the Common Maintenance Areas. Payment of all legal and other expenses incurred
in connection with the enforcement of all recorded covenants, restrictions, and
conditions affecting the property to which the Maintenance Fund applies,
payment of all reasonable and necessary expenses in connection with the
collection and administration of policemen and watchmen, if any, caring for
vacant lots, and doing any other thing or things necessary or desireable in the opinion of the Board of Directors of the
Association to keep the Property neat and in good order. Whatever is considered of general benefit to
the Owners or Occupants of the Property, it being understood that the judgment
of the Board of Director in the expenditure of said funds and the determination
of what constitutes normal, recurring maintenance shall be final and conclusive
so long as such judgment is exercised in food faith. The Association shall, in addition establish
and maintain an adequate reserve fund for the periodic maintenance, repair, and
replacement of improvements of the Common Maintenance Areas. The fund shall be established and maintained
out of regular and annual assessment.
© Special Assessment for Working
Capital Fund, Nonrecurring Maintenance and Capital Improvements. In addition to the annual assessments authorized
above, the Association may Ievy special assessments
as follows:
(i) In any
assessment year, a special assessment applicable to that year only for the
purpose of defraying, in whole or in part, the cost of any nonrecurring
maintenance, or the acquisition, construction, reconstruction, repair, or
replacement of a capital improvement upon any Common Maintenance Area,
including fixtures and personal property related thereto may be assessed. The Association shall not commingle the
proceeds of such special assessment with the Maintenance Fund. Such proceeds shall be used solely and
exclusively to fund the nonrecurring maintenance or improvements in question.
Section 4. Nonpayment
of Assessments: Remedies of the
Association. Any Assessment not
paid within ten (10) days after the due date shall bear interest from due date
at the highest nonusurious rate of interest allowed
by Texas law or 18% per annum, whichever is less. The Association shall have the authority to
impose late charges to compensate for the administrative and processing costs
of late payments on such terms as it may establish by duly adopted resolutions
and the Association may bring an action at law against the Owner personally
obligated to pay the same, or foreclose the lien retained herein against the
property. No Owner may waive or
otherwise escape liability for the assessments provided for herein by non-use
of the Common Maintenance Area or abandonment of his property.
Section 5. Subordinated Lien to Secure Payment. To secure the payment of the maintenance
charge and assessment established hereby and to be levied on individual Lots as
above provided, there is hereby reserved a lien for the benefit of the
Association, said lien to be enforceable through appropriate proceedings at law
or in equity by such beneficiary; provided however, that each such live shall
be specifically made secondary, subordinate, and inferior to all liens, present
and future, given, granted, and created by or at the insistence and request of
the Owner of any such Lot to secure the payment of moneys advanced or to be
advanced on account of the purchase price and/or the improvement of any such
Lot; and further provided that as a condition precedent to any proceeding to
enforce such lien upon any Lot upon which there is an outstanding, valid and
subsisting first mortgage sixty (60) days’ written notice of such proposed
action, such notice, which shall be sent to the nearest office of the lien
holder of which the Association has received written notice by prepaid U.S.
registered mail, to contain the statement of the delinquent maintenance charges
upon which the proposed action is based.
Upon the request of any such first mortgage lien holder, the Association
shall acknowledge in writing its obligation to give the foregoing notice with
respect to the particular property covered by such first mortgage lien to the
holder hereof. Sale or transfer of a Lot
shall not affect the Assessment Lien.
However, the sale or transfer of any Lot pursuant to Mortgage foreclosure
shall extinguish the lien of such assessment as to payments which became due
prior to such sale or transfer. No sale,
foreclosure, or transfer shall relieve such Lot from liability for any
assessments thereafter becoming due or from the lien thereof. The Association shall have the right to file
notices of liens in favor of such Association in the official records of Denton
County, Texas. The Association shall be
entitled to enforce the lien securing assessments at such time as the
Association complies with each requirement set forth in Section 51.002 of the
Texas Property Code, as amended, which requirement are incorporated in this
Declaration, as rights and/or obligations of the Association, by this reference
as if fully set forth herein.
Section 6. Voting Rights.
(a) Owners as Members. Member shall be all Owners and shall be
entitled to one (1) vote for each Lot owned.
When more than one person holds an interest in any Lot, any such person
shall be members, but the vote of such Lot shall be exercised as they among
themselves determine, and in no event shall more than one (1) vote be cast with
respect to any Lot.
(b) Suspension. All voting rights of an Owner shall be
suspended during any period in which such Owner is delinquent in the payment of
any assessment duly established pursuant to this Article or is otherwise in
default hereunder or under the By-Laws or rules and Regulations of the
Association and such suspension shall apply to the proxy authority of the
Voting Representative, if any.
Section 7. Notice and Quorum. Written notice of nay meeting, called for the
purpose of taking any action authorized herein shall be sent to all member, or derived to their residences, not less than thirty
(30) days nor more than sixty (60) days in advance of the meeting. At any such meeting called, the presence of
members or of proxies of Voting Representatives entitled to cast two-thirds
(2/3) of all the votes of the membership shall constitute a quorum. If the required quorum is not present, another
meeting may be called subject to the same notice requirements, and the required
quorum at such subsequent meeting shall be two-thirds (2/3) of the quorum
requirement for such prior meeting. The
Association may call as many subsequent meetings as may be require achieving a
quorum (the quorum requirement being reduced for each subsequent meeting). No such subsequent meeting shall be held more
than sixty (60) days following the preceding meeting.
Section 8. Maintenance of the Drainage Facilities. The Association is responsible for and shall
assume all maintenance obligations with respect to the drainage facilities
located within Common Areas, and the roadside drainage
ditches adjacent to each street. It
shall be the responsibility of each Owner to maintain a drainage culvert
beneath each driveway crossing a roadside drainage ditch. Each Owner shall maintain the original grades
of any drainage ditches or swales crossing their respective Lot.
CHAPTER
5 ARTICLE
III
GENERAL POWERS AND DUTIES OF THE
BOARD OF
DIRECTORS OF THE ASSOCIATION
Section 1. Purpose of Maintenance Fund. The Board, for the benefit of the Owners,
shall provide and shall pay out of the Maintenance Fund provided in Article II
above, any of the following:
(a)
Items
such as trash removal, street lighting, landscaping, fair share of fire
protection, care of lakes and drainage facilities.
(b)
Taxes
and assessments and other liens and encumbrances which shall properly be
assessed or charged against the Common Areas rather than against the individual
Owners, if any.
(c)
Care
and preservation of the Common Maintenance Area.
(d)
Legal
and Accounting services, if needed.
(e)
A
policy or policies of insurance insuring the Association against any liability
to the public or to the owners (and/or invitees or tenants) incident tot eh
operation of the Association in any amount or amounts as determined y the Board
of Directors, including a policy or policies of insurance as provided herein as
Article IV.
(f)
Worker’s
Compensation Insurance to the extent necessary to comply with any applicable
laws, if needed.
(g)
Any
other materials, supplies, insurance, furniture, labor, services, maintenance,
repairs, structural alterations, taxes, or assessments (including taxes or
assessments assessed against an individual Owner) which the Board is required
to obtain or pay for pursuant to the terms of this Declaration or by law or
which in its opinion shall be necessary to proper for the enforcement of this
Declaration.
Section
2. Powers and Duties of the Board. The Board, for the benefit of the Owners,
shall have the following general powers and duties, in addition to the specific
powers and duties provided for herein and in the By-Laws of the Association:
(a)
To
execute all Declaration of Ownership for Tax Assessment purposes with regard to
the Common Areas, if any, on behalf of all Owners.
(b)
To
borrow funds to pay costs of operation secured by assignment or pledge of
rights against delinquent Owners if the Board sees fit.
(c)
To
enter into contracts, maintain one or more bank accounts, and generally to have
all the power necessary or incidental to the operation and management of the
Association.
(d)
To
protect or defend the Common Areas from loss or damage by suit or otherwise and
to provide adequate reserves for replacements.
(e)
To
make reasonable rules and regulations for the operation of the Common
Maintenance Areas and to amend them from time to time; provided that any rule
or regulation may be amended or repealed by an instrument in writing signed by
Owners constituting a majority of the votes of the Association, or with respect
to a rule applicable to less than all of the Common Areas, by a majority of the
votes of the Owners in the portions affected.
Any such amendment must have approval from the Town of Shady Shores.
(f)
To
make available for inspection by Owners within sixty (60) days after the end of
each year an Annual Report and to make all books and records of the Association
available for inspection by Owners at reasonable times.
(g)
To
adjust the amount, collect and use any insurance proceeds to repair damage or
replace lost property, and if proceeds are insufficient to repair damage or
replace lost property, to assess the Owners in proportionate amounts to cover
the deficiency.
(h)
To
enforce the provisions of any rules made hereunder and to enjoin and seek
damages from any Owner for violation of such provisions or rules.
(i)
To
collect all assessments and enforce all penalties for non-payment including the
filing of liens and institution of legal proceedings.
Section
3. Board Powers Exclusive. The Board shall have the exclusive right to
contract for all goods, services and insurance, payment of which is to be made
from the Maintenance Fund and the exclusive right and obligation to perform the
functions of the Board except as otherwise provided herein.
Section
4. Maintenance Contracts. The Board, on behalf of the Association,
shall have full power and authority to contract with any Owner or other person
or entity for the performance by the Association or services which the Board is
not otherwise required to perform pursuant to the terms thereof, such contracts
to be upon such terms and conditions and for such consideration as the Board
may deem proper, advisable and in the best interest of the Association.
ARTICLE
IV
TITLE
TO COMMON AREAS
Section
1. Association to Hold. Title to the Common Areas, described in the
plat recorded under Clerk’s File #94R0071936, Denton County Clerk’s Office, on
September 19, 1994, shall remain in the Association.
Section
2. Maintenance Obligations. The Association shall assume all Maintenance
obligations with respect to the Common Areas so designated on the Plat of The
Lakes of Shady shores and provided for in this instrument.
Section
3. Liability Insurance. From and after the date on which Title to any
Common Area vests in the Associations, the Association has the authority to
purchase and carry a General Comprehensive Pubic Liability Insurance Policy for
the Benefit of the Association and its members, covering occurrences on the
Common Area. The policy limits shall be
as determined by the Board of Directors of the Association. The Association shall use its best efforts to
see that such policy shall contain, if available, cross-liability endorsements
or other appropriate provisions for the benefit of the members, directors, and
the management company and other insured, as their interest may be determined.
Section
4. Condemnation. In the event of condemnation or a sale in lieu
thereof of all or any portion of the Common Areas, the funds payable with
respect thereto shall be payable to the Association and shall be used by the
Association to purchase additional Common Areas to replace that which has been
condemned or to take whatever steps that it deems reasonably necessary to
repair or correct any damage suffered as a result of the condemnation. In the event that the Board of Directors of
the Association determines that the funds cannot be used in such a manner due
to lack of available land for additional Common Areas or for whatever reason,
any remaining funds may be utilized by the Association for the General
Maintenance Fund.
ARTICLE
V
EASEMENTS
Section
1. Entry Easement. In the event that the Owner
fails to maintain the Lot as required herein, or in the event of emergency
repairs and to do the work reasonably necessary for the proper maintenance and
operation of the Property. Entry
upon the lot as provided therein shall not be deemed a trespass, and the
Association shall not be liable for any damage so created unless such damage is
caused by the Association’s willful misconduct or gross negligence.
Section
2. Drainage Easement. Easements for the installation and
maintenance of utilities, storm water retention/detention ponds, and/or a
conservation area are reserved as may be sworn on the recorded plat. Within these easement areas, no structure,
plant or material shall be placed or permitted to remain which may hinder or
change the direction or flow of drainage channels or slopes in the easements,
including, but not limited to, Spray Irrigation in the eighteen foot (18’)
easement. The easement area of each Lot
and all improvements contained therein shall be maintained continuously by the
Owner of the Lot.
Section
3. Notice of Airport. This is a notice to all that Hidden Valley
Airport exists just Northeast of this
Development. Small planes may or may not
be taking off and landing from time to time.
ARTICLE
VI
PROPERTY
RIGHTS
Section
1. Owner’s
Easement of Enjoyment.
Every Owner shall have the right and easement in and to the Common Areas
and a right and easement of ingress and egress to, from and through said Common
Areas, and such easement shall be appurtenant to and shall pass with the title
to every Lot, subject to the following provisions:
(a)
The
right of the Association to establish and publish rules and regulations
governing the use of the Common areas affecting the welfare of the Association
members.
(b)
The
right of the Association to suspend the right of use of the Common Areas and
the voting rights of an Owner for any period during which any assessment
against his Lot remains unpaid; and for a period not to exceed sixty (60) for
any infraction of its published rules and regulations.
(c)
The
right of the Association, subject to the provisions hereof, to dedicate or
transfer all or any part of the Common Areas, if any, to any public agency,
authority or utility for such purposes and subject to the conditions as may be
agreed by the Association. No such
dedication or transfer shall be effective unless an instrument signed by Owner
entitled to cast two-thirds (2/3) of the votes of the membership has been
recorded agreeing to such dedication or transfer.
(d)
All
easements herein described are easements appurtenant to and running with the
land; they shall at all times inure to the benefit of and be binding upon the
Owners, and all of their respective heirs, successors, personal representative
and assigns, perpetually and in full force.
Section
2. Effect of Declaration. Reference in any deed, mortgage, trust deed
or any other recorded documents to the easements, restrictions and covenants
herein described or to this Declaration shall be sufficient to create and
reserve such easements and covenants to the respective grantees, mortgages, or
trustees of said parcels as fully and completely as if those easements,
restrictions and covenants were fully related and set forth in their entirety
in said documents.
Section
3. Rezoning
Prohibited. No Lot shall be
rezoned to any classification allowing commercial, institutional or other
non-residential use without the express consent of the Association. The Association may enforce this covenant by
obtaining an injunction against any unapproved rezoning at the expense of the
enjoined party.
ARTCLE
VII
ARCHITECTURAL
CONTOL
Section
1. Architectural Control Committee. The Members of the Association shall, in
accordance with the Bylaws of the Association, have the authority to appoint
three (3) Members of the Association to serve as an Architectural Control
Committee. The Committee shall use its
best efforts to promote and insure a high level of taste, design, quality,
harmony and conformity throughout the Property consistent with the
Declaration. In the event of the death,
resignation or removal of any member of the Committee, such committee member
shall be replaced by the Board of Directors in accordance with the Bylaws. The Committee members shall serve for a term
of office as determined by the Board of Directors in accordance with the
Bylaws.
Section
2. Approval of Plans and Specifications. No satellite dish, fence, building, wall or
other structure shall be commenced, erected or maintained upon the Properties,
nor shall any exterior addition to, or change or alteration therein be made
until the plans and specifications showing the nature, kind, shape, height,
materials and location of the same have been submitted to, and approved in
writing, by the Committee as to harmony of external design and location in
relation to surrounding structures and topography.
Section
3. Standards. The Committee shall have the sole discretion
with respect to taste, design and all standards that are specified herein. One objective of the committee is to prevent
unusual, radical, curious, odd, bizarre, peculiar or irregular structures from
being build on the Property. Variations from the standards set forth in
this Declaration shall be made in accordance with the general development
standards as reflected in the plans, construction materials, landscaping and
other matters approved by the Committee during its period of control.
Section
4. Liability of Committee. The members of the Committee shall have no
liability for the decisions made by the Committee so long as such decisions are
made in good faith and are not arbitrary or capricious. Any errors in or omissions form the plans
submitted to the Committee shall be the responsibility of the Owner of the Lot
to which the improvements relate, and the committee shall have no obligation to
check for errors in or omissions form any such plans, or to check for such
plan’s compliance with the general provisions of this Declaration, City Codes,
State Statutes or the Common Law, whether the same relate to lot line, building line, easements or any other issue.
Section
5. Failure of Committee to Act. In the event that any plans and
specifications are submitted to the Architectural Control Committee as provide
herein, and such Committee shall fail either to approve or reject such plans
and specifications for a period of thirty (30) days following such submissions,
approval by the Committee shall not be required, and full compliance with the
Article shall be deemed to have been had.
ARTICLE
VIII
USE
RESTRICTIONS
Section
1. Types of
Buildings Permitted.
All Lots shall be used for residential purposes only, and no building
shall be erected, altered, placed or permitted to remain on any Lot other than
one detached single-family dwelling not to exceed two and one-half stories in
height and a private garage for not less than two (2) automobiles and not more
than six (6), and a detached servant’s quarters, guest house, or pool
cabana. Only one accessory type
structure other than these mentioned is permitted provided such type structure
is located behind the front line of the residential building,
and minimum required side yard distance are maintained. This accessory type structure cannot
adversely affect neighboring properties, and any additional dwelling unit may
not be used as rental accommodations.
Section
2. Time of Construction. All residences, including driveways, shall be
completed within eight (8) months from the time the building permit thereof is
issued.
Section
3. Minimum Floor Area, Roofs and Exterior.
(a)
Minimum Floor Space: Any single residence constructed on said Lots
must have an area of not less than two thousand (2,000) square feet, exclusive
of open or screened porches, terraces, patios, driveways carports and garages.
(b)
Roofs:
All roofs shall be constructed of shake, wood or tile architectural
dimensional shingles or the equivalent thereof, and all composition shingles
shall be in a “Weathered Wood Color”, and shall be constructed of fire
retardant material. An exception to
color can be granted if in the view of the Architectural Control Committee, a
particular color will better compliment the architectural style of the
house. Example: Georgian house with
black shutters and black roof or a stucco house with colored roof.
(c)
Garages:
No garage shall face the front street of a Lot unless set back twenty
feet (20’) from the front of the house or covered by a porte-cochere.
(d)
Walls:
All residences are to have seventy-five percent (75%) masonry on the
first floor.
Section
4. Setbacks. No building shall be located on any Lot
nearer than sixty-eight feet (68’) from the street right of way line. No side yard at the front building setback
line shall be less than twenty feet (20’) at the building line. For the purpose of the covenants, eaves, steps,
and open porches, (defined as having no walls, covering, screening of any kind),
shall be considered as part of the building.
This shall not be construed to permit any portion of the building on any
Lot to encroach upon another Lot. If
two or more Lots, or fractions thereof, are consolidated to a building site in
conformity with the provisions of Section 6, these building setback provisions
shall be applied to such resultant building site as if it were one original
platted Lot. In reference to the
cul-de-sac Lots, the mean width of the Lot shall not be less than one hundred
twenty feet (120’).
Section
5. Driveways and Circular Drives. All driveways are to be concrete, asphalt or
masonry. All driveways must be completed
prior to occupancy.
Section
6. Resubdivision or Consolidation. None of said lots shall be resubdivided in any fashion except that any person owning
two (2) or more adjoining Lots may subdivide or consolidate such Lots into
building site, with the privilege of construction improvements as permitted in
Section 3 and 4 thereof on each resulting building site, provided that such subdivison or consolidation does not result in any building
site having a Lot size of less than one (1) acre.
Section
7. Nuisances. No noxious or offensive activity shall be
carried on upon any Lot, nor shall anything be done which may be or may become
an annoyance or nuisance to the neighborhood.
Section
8. Maintain
Property. Owner of Lots
contiguous to a lake shall maintain Property to water’s edge, and all Owners
contiguous to a road shall maintain Property to the roadway.
Section
9. Temporary Structures. No structures of a temporary character,
including, without limiting the generality thereof, any trailer, tent, shack,
garage, barn, motor home or mobile hoe or other
outbuilding, shall be used on any Lot at any time as a residence, or as a
business, either temporarily or permanently.
Section
10. Signs and Picketing. No sign or emblem of any kind may be kept or
placed upon any Lot or mounted, painted or attached to any Unit, fence or other
improvement upon such Lot so as to be visible from pubic
view except the following:
(a)
For Sale Signs: An Owner may erect one (1) sign not exceeding
2’x3’ in area, fastened only to a stake in the ground and extending not more
than three feet (3’) above the surface of the ground advertising the Property
for sale.
(b)
Political Signs: Political signs may be erected upon a Lot by
the Owner of such Lot advocating the election of one or more political
candidates or the sponsorship of a political party, issue or proposal provided
that such sign shall not be erected more than forty-five (45) days in advance
of the election to which they pertain and are removed within five (5) days
after the election.
(c)
Subcontractor Signs: Subcontractors, such as landscaping or
swimming pool, can temporarily erect their signs not to exceed 2’x3’. These signs are to be removed within thirty
(30) days.
In addition to the foregoing, to
protect the safety and harmony of the community, no persona
shall engage in picketing on any Lot, easement, right-of-way or Common Area
within or adjacent to the property, nor shall any vehicle parked, stored or
driven in or adjacent to the Property bear or display any sign, slogans,
symbols, words or decorations intended to create controversy, invite ridicule
or disparagement, or interfere in any way with the exercise of the Property
rights, occupancy or permitted business activities of any Owner.
Section
12. Campers, Trucks, Boats, and Recreational Vehicles. No truck, bus, trailer or vehicle of any kind
shall be left parked in the street in front of any Lot except for construction
and repair equipment while a residence or residences are being built or
repaired in the immediate vicinity. The parking
of one camper, travel trailer or recreational vehicle designed for recreational
use shall be permitted behind the front line of the house. The storage of one pleasure boat and boat
trailer shall be permitted, in the open, behind the front line of the house.
Section
13. Livestock and Poultry. No animals, livestock or poultry of any kind
shall be raised, bred or kept on any Lot, except that a reasonable number of
dogs, cats, or other household pets may be kept, provided that they are not
kept, bred, or maintained for any commercial purpose.
Section
14. Garbage and Refuse Disposal. No Lot shall be used or maintained as a
dumping ground for rubbish. Trash,
garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the
storage or disposal of such material shall be kept in a clean and sanitary
condition.
Section
15. Sight Distance and Intersections. No fence wall, hedge, or shrub planting
which obstructs sight lines at elevations between one (1) and ten (10) feet
above the roadways shall be placed or permitted to remain on any corner Lot
within the triangular area formed by the street boundary lines and a line
connecting them at points forty-five feet (45’) from the intersection of the
street boundary lines, or in the case of a rounded property corner, from the
intersection of the street boundary lines extended. The same sign line limitations shall apply
on any Lot within twenty feet (20’) from the intersection of a street boundary
line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within
such distance of such intersections unless the foliage line is maintained at
sufficient height to prevent obstruction of such sight lines.
Section
16. Parking. No vehicles, trailer, implements or apparatus
may be driven or parked in the Common Maintenance Area or on any easement.
Section
17. Commercial or Institutional Use. No Lot, and no building erected or maintained
on any Lot shall be used for manufacturing, industrial, business, commercial,
institutional or other non-residential purposes.
Section
18. Building Standards. No building shall be erected or maintained on
nay Lot unless it complies with all applicable standards, including any
governmental ordinances.
Section
19. Fences and Walls. No fence shall be built in front of the front
building line or the front of the house.
Owner may run a perpendicular fence to waters’ edge of normal pool
elevation of any lake. Any rear fences
parallel to any lake shall be open wrought iron, unless located one hundred
feet (10’) or more from the rear lot line.
All retaining walls built in front of the house (meaning also the front
sides are to be of brick, concrete or stone.
Railroad ties, landscape timbers, etc. are permitted from the house
se-back line to the rear of the Property.
Corner lots shall not be allowed to have fences nearer than ten percent
(10%) of the width of the Lot for the side lot lines. All fencing walls or screening fences shall
be of first quality residential type which is harmonious and compatible with
the residential character of the development.
The Architectural Control Committee must pass in writing on the type,
character, location and height of any fence or wall that is proposed for construction
in the development. All fences and walls
shall be maintained in a sound state by the Owner, and the Committee shall have
the right to order compliance with this provision. Failure to maintain a fence or wall in a
sound, orderly and secure state shall constitute a violation of this restriction.
Section
20. Antennae, Satellite Dishes and Solar Collectors. No Owner may erect or maintain a television
radio receiving or transmitting antenna, satellite dish or similar implement or
apparatus, or solar collector panels or equipment upon any Lot unless such
apparatus is erected and maintained in such a way that it is screened from
public view at a point in the center of the pubic
right-of-way directly in front of the house erected on such Lot.
Section
21. Chimneys. All fireplaces, flues, smoke stacks, and
spark aerators shall be completely enclosed and concealed from public view in
finished chimneys of materials architecturally compatible with the principal
finish material of the exterior walls of the dwelling.
Section
22. Aerobic Treatment System. Only National Sanitation Foundation (NSF)
approved systems may be used. A
maintenance contract shall be required at all times.
Section
23. Window Treatment. No aluminum foil, reflective film or similar
treatment shall be placed on window or glass doors.
Section
24. Do dDam or Other Obstruction. No dam or other obstruction shall be erected
in or across a creek by any Owner without the consent of the Architectural
Control Committee in writing being obtained first, and the Declarant
shall never be liable to any Owner in the Subdivison
because of any overflow or flooding of said creek, even though the flow of said
creek shall be increased because of development of adjacent or nearby
Properties by the Declarant, or other, or because of
any act of omission of the Town of Shady Shoes, or the County of Denton, in
handling of storm drainage water.
Section
25. Electrical Boxes and Transformers. The Homeowner and/or Contractor shall place
the Electrical Box to the side of the structure where the existing Transformer
sets, as shown on the dedicated plat.
Section
26. Floor Elevation. Minimum finished floor elevation for each lot
is shown on the recorded final plat.
ARTICLE
IX
GENERAL
Section
1. Remedics. In the event of any default by any Owner
under the provisions of the Declaration, By-Laws or rules and regulations of
the Association, the Association shall have each and all of the rights and
remedies which may be provided for in this Declaration, the By-Laws and said
rules and regulations, and those which may be available at law or in equity,
for enforcement of any lien, statutory or otherwise, including foreclosure of
such lien and the appointment of a receiver for the Lot and ownership interest
of such owner, or for damages or injunction, or specific performance or for
judgment for the payment of the money and collection thereof, or for any
combination of the remedies, or for any other relief. No remedies herein provided or available at
law or in equity shall be deemed mutually exclusive of any other such
remedy. All expenses of the Association
in connection with any such actions or proceedings, by law but, with reference
to any Lots financed by FHA insured loans, not in excess of the maximum rate of
FHA loans at the time of delinquency, from the due date until paid, shall be
changed to and assessed against such defaulting Owner, and shall be added to
and deemed part of the respective maintenance assessment (to the same extent as
the liens provided herein for unpaid assessments, upon the lot and upon all of
the Owners’ additions and improvements thereto, and upon all of the owners’
personal property upon the lot. Any and
all such rights and remedies may be exercised at any time and from time to
time, cumulatively or otherwise, by the Association or any Owner.
Section
2. Term and Amendments. The covenants and restrictions of this
Declaration shall run with and bind the land for a term of twenty-five (25)
years from the date this Declaration is recorded, after which time they shall
be automatically extended for successive periods of ten (10) years, unless
seventy-five percent (75%) of the votes outstanding shall have voted to
terminate the covenants and restrictions of this Declaration and prior approval
has been obtained from the Town of Shady Shores upon the expiration of the
initial twenty-five (25) years period and of any extension thereof, which
termination shall be by a written instrument signed by seventy-five percent
(75%) of the Owners and countersigned by a duly authorized representative the
Town of Shady Shores and properly recorded in the Denton County, Texas land
records. The Declaration may be amended
by an instrument signed by Owners constituting not less than seventy-five
percent (75%) of the votes of the Association.
Any amendment must be recorded.
Section
3. Severabiity.
Invalidation of any one of these covenants or restrictions by judgment
or court order shall in no way affect any other provisions which shall remain
in full force and effect.
Section
4. Rights and Obligations. The provisions of this Declaration and the
Articles of Incorporation and By-Laws and the rights and obligations
established thereby shall be deemed to be covenants running with the land and
shall inure to the benefit of, and be binding upon, each and all the Owners and
their respective heirs, representatives, successors, assigns, purchasers,
grantees and mortgagees. By the
recording of the acceptance of a deed conveying a Lot of any ownership interest
in the Lot whatsoever, the person to whom such Lot or interest is conveyed
shall be deemed to accept and agree to be bound by and subject to all of the
provisions of this Declaration and the Articles of Incorporation and By-Laws,
whether or not mention thereof is made ins aid deed.
Section
5. Failure of
Association of Perform Duties. Should the Association fail to carry out its
duties as specified in this Declaration, The Town of Shady Shores or its lawful
agents shall have the right and ability, after sixty (60) days’ prior written
notice to the Association to remove any landscape systems, features or elements
that cease to be maintained by the Association; to perform the responsibilities
of the Association if the Association fails to do so in compliance with any of
the provisions of this Declaration or of any applicable City Codes or
Regulations; to assess the Association for all costs incurred by the Town in
performing said responsibilities if the Association fails to do so; and/or will
avail itself or any other enforcement action available to the Town pursuant to
state law or city codes and regulations.
Should the Town exercise its rights as specified above, the Association
shall indemnify and hold harmless the Town of Shady shores from any and all
costs, expenses, suits, demands, liabilities or damages, including attorney’s
fees and costs of suit, incurred or resulting from the Town’s removal of any
landscape systems, features or elements that cease to be maintained by the
Association or from the Town’s performance of the aforementioned operations,
maintenance or supervision responsibilities of the Association due to the
Association’s failure to perform said duties.
DATE: ________5/13/99________
_____________________________ ______________________________
OWNER (1) OWNER
(1)
_____________________________ ______________________________
OWNER (2) OWNER
(2)
_____________________________ ______________________________
OWNER (3) OWNER
(3)
_____________________________ ______________________________
OWNER (4) OWNER
(4)
_____________________________ ______________________________
OWNER (5) OWNER
(5)
_____________________________ ______________________________
OWNER (6) OWNER
(6)
_____________________________ ______________________________
OWNER (7) OWNER
(7)
_____________________________ ______________________________
OWNER (8) OWNER
(8)
_____________________________ ______________________________
OWNER (9) OWNER
(9)
_____________________________ ______________________________
OWNER (10) OWNER
(10)
_____________________________ ______________________________
OWNER (11) OWNER
(11)
_____________________________ ______________________________
OWNER (12) OWNER
(12)
_____________________________ ______________________________
OWNER (13) OWNER
(13)
_____________________________ ______________________________
OWNER (14) OWNER
(14)
_____________________________ ______________________________
OWNER (15) OWNER
(15)
_____________________________ ______________________________
OWNER (16) OWNER
(16)
_____________________________ ______________________________
OWNER (17) OWNER
(17)
_____________________________ ______________________________
OWNER (18) OWNER
(18)
_____________________________ ______________________________
OWNER (19) OWNER
(19)
_____________________________ ______________________________
OWNER (20) OWNER
(20)
_____________________________ ______________________________
OWNER (21) OWNER
(21)
_____________________________ ______________________________
OWNER (22) OWNER
(22)
_____________________________ ______________________________
OWNER (23) OWNER
(23)
_____________________________ ______________________________
OWNER (24) OWNER
(24)
_____________________________ ______________________________
OWNER (25) OWNER
(25)
_____________________________ ______________________________
OWNER (26) OWNER
(26)
_____________________________ ______________________________
OWNER (27) OWNER
(27)
_____________________________ ______________________________
OWNER (28) OWNER
(28)
_____________________________ ______________________________
OWNER (29) OWNER
(29)
_____________________________ ______________________________
OWNER (30) OWNER
(30)
_____________________________ ______________________________
OWNER (31) OWNER
(31)
____________________________ ______________________________
OWNER (32) OWNER
(32)
_____________________________ ______________________________
OWNER (33) OWNER
(33)
_____________________________ ______________________________
OWNER (34) OWNER
(34)
_____________________________ ______________________________
OWNER (35) OWNER
(35)
_____________________________ ______________________________
OWNER (36) OWNER
(36)
_____________________________ ______________________________
OWNER (37) OWNER
(37)
_____________________________ ______________________________
OWNER (38) OWNER
(38)
_____________________________ ______________________________
OWNER (39) OWNER
(39)
_____________________________ ______________________________
OWNER (40) OWNER
(40)
_____________________________ ______________________________
OWNER (41) OWNER
(41)
_____________________________ ______________________________
OWNER (42) OWNER
(42)
_____________________________ ______________________________
OWNER (43) OWNER
(43)
_____________________________ ______________________________
OWNER (44) OWNER
(44)
_____________________________ ______________________________
OWNER (45) OWNER
(45)
_____________________________ ______________________________
OWNER (46) OWNER
(46)
STATE OF TEXAS
COUNTY OF DENTON
This
instrument was acknowledged before me y each of the below named individuals on
the date indicated opposite each name respectively:
Mark
Russell 4/11/99
Susan
C. Russell 4/11/99
Craig
Hardy 4/11/99
Laurie
Ann hardy 5/7/99
Kenneth
Davis 4/11/99
Kathy
Davis 4/11/99
William
A. Smith, Jr. 4/11/99
Paula
L. Smith 4/11/99
Elizabeth
Chandler 5/13/99
Paul
G. Chandler 4/11/99
Arne
J. Almquist 4/11/99
Sharon
Almquist 4/11/99
Thurston
A. Smith 4/11/99
Rose
Anna Smith 4/11/99
Alfred
R. Ramirez 4/11/99
Janet
E. Ramirez 4/11/99
Marvin
J. Durham 4/11/99
Gwendolyn
K. Durham 5/7/99
Rito M. Sepe 4/11/99
Jeannie
V. Sepe 4/11/99
Roberts
C. Boyd 4/11/99
Jason
B. Rieger 4/11/99
Marcia
Leigh Rieger 4/26/99
Steven
D. Raines 4/11/99
Ruby
H. Raines 4/11/99
Don
A. Bradley 4/11/99
Ursula
Bradley 4/11/99
Gerlinda Hearn 4/11/99
Terri
Lynn Culp 5/13/99
Helene
A. Wenger 4/11/99
Bobby
Dean Saine 4/11/99
Phillip
Havens 4/11/99
Jo
Havens 5/6/99
John
A. Naab 4/11/99
Sandra
J. Naab 4/11/99
Woodrow
W. Burch 4/11/99
Norma
G. Burch 4/11/99
Pamela
K. Mintz 4/11/99
Allen
J. Newbrand 4/11/99
Edith
R. Newbrand 4/11/99
William
C. Roberts, Sr. 4/11/99
Ellen
R. Roberts 4/11/99
Lee
A. Miller 4/11/99
Moreen R. Miller 4/11/99
Raymond
T. Fields 4/14/99
Barry
L. Caudill 4/26/99
Beth
A. Caudill 4/26/99
Jerry
W. Whittle, Jr. 4/26/99
Philip
B. Santogrossi 4/26/99
Phyllis
C. Santogrossi 4/26/99
Hoyt
Y. Bedingfield 4/26/99
Nancy
T. Bedingfiled 4/26/99
William
Allen Marmet 4/26/99
Barbara
Ann Marmet 4/26/99
Danny
K. Reid 4/26/99
Theresa
F. Reid 4/26/99
Deborah
G. Logan 5/10/99
Brent
Allen Logan 5/10/99
George
Allen McDonald 5/10/99
Kyle
C. Riley 5/13/99
Mariana
G. Riley 5/13/99
Martha
Anderson 5/13/99
Laura
White 5/13/99
William
White 5/13/99
Hussein
Moradi 5/13/99
Mick
Currey 5/13/99
Cathy
Currey 5/13/99
________________________
Angie
Godinez, Notary Public
State
of Texas
Secretary’s Certificate of
Compliance
I, Pamela Mintz, certify that I am the duly qualified Secretary of
THE LAKES OF SHADY SHORES HOMEOWNERS ASSOCIATION, INC., a
Texas non-profit corporation. I am the
custodian of the records of the Corporation and, at this date, the records of
the Corporation reflect that there are 46 Lots within The Lakes of Shady
Shores, 46 Members of the Association, and the signatures of the above Owners
constitute the signatures of at least seventy-five percent (75%) of the Owners
of the Association, and constitute at least seventy-five percent (75%) of the
votes of the Association, each Owner being entitled to one (1) vote.
DATED: ______5-28-99____, 1999.
________________________
Pamela
Mintz, Secretary
STATE OF TEXAS
COUTY OF DENTON
The
foregoing instrument was acknowledged before me on the ___28th day of May, 1999, by Pamela Mintz as Secretary, on behalf of said corporation.
__________________________________
Notary
Public in and for the State of Texas
Filed for Record in:
DENTON COUNTY, TX
CYNTHIA MITCHELL, COUTY CLERK
On Jun 01
1999
At 1:11 pm
Doc/Num :
99-R0054207
DocType : DEC
Recording : 53.00
Doc/Mgmt :
6.00
Recept # : 21997
Deputy - Mary