THIRD RESTATED DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR RANDOL MILL PARK GARDEN HOMES
THIRD RESTATED DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR RANDOL MILL PARK GARDEN HOMES
TABLE OF CONTENTS
ARTICLE I: DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 1: Association. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 2: Properties or Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Section 3: Common Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 4: Lot or Parcel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Section 5: Owner, Homeowner, Member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Section 6: Tenant, Lessee, Renter, Occupant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Section 7: Assessment or Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 8: Governing Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE II: MEMBERSHIP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
ARTICLE III: VOTING RIGHTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
ARTICLE IV: PROPERTY RIGHTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 1: Members’ Ease of Enjoyment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Section 2: Delegation of Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Section 3: Title to Common Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
ARTICLE V: COVENANTS FOR MAINTENANCE ASSESSMENTS. . . . . . . . . . . . . 6
Section 1: Creation of the Lien and Personal Obligation Assessments . . . . . . . . . . . . . . 6
Section 2: Purpose of Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 3: Basis and Maximum of Annual Assessment . . . . . . . . . . . . . . . . . . . . . . . . . .7
Section 4: Special Assessments for Capital Improvements. . . . . . . . . . . . . . . . . . . . . . .7
Section 5: Uniform Rate of Assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 6: Date of Commencement of Annual Assessment. . . . . . . . . . . . . . . . . . . . . . .8
Section 7: Effect of Non-Payment of Assessment – Remedies of the Association. . . . . 8
Section 8: Collection Policies and Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
Section 9: Enforcement of Regulatory Documents and Community Policies. . . . . . . . .10
Section 10: Relation of the Lien to Mortgages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
Section 11: Exempt Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
ARTICLE VI: SALE OF A GARDEN HOME: TRANSFER FEE. . . . . . .. . . . . . . . . . 12
ARTICLE VII: LEASE OF A GARDEN HOME. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
Section 1: Lease of a Garden Home. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 2: Section 8 Rentals. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
Section 3: Restrictions Regarding the Use of Garden Home for Transient Purposes . . 14
(i)
Section 4: Lease Application and Background Check . . . . . . . . . . . . . . . . . . . . . . . . . .13
Section 5: Powers of Association Concerning Disruptive Tenants. . . . . . . . . . . . . . . . .14
ARTICLE VIII: MANAGEMENT AGREEMENTS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
ARTICLE IX: INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 1: Insurance for Individual Garden Homes. . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
Section 2: Insurance for the Common Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 3: Liability Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
ARTICLE X: REPAIR & RECONSTRUCTION OF DAMAGED IMPROVEMENTS. .16
ARTICLE XI: PARTY WALLS AND FENCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 1: General Rules of Law to Apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
Section 2: Party Fence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 3: Sharing of Repair and Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
Section 4: Destruction by Fire or Other Casualty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
Section 5: Weatherproofing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
ARTICLE XII: CLUBHOUSE AND POOL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
Section 1: Access. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section 2: Rental. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
Section 3: Restrictions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
ARTICLE XIII: ARCHITECTURAL/LANDSCAPE CONTROL . . . . . . . . . . . . . . . . . . .18
ARTICLE XIV: EXTERIOR MAINTENANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
ARTICLE XV: YARD MAINTENANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
ARTICLE XVI: USE RESTRICTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
Section 1: Construction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
Section 2: Free Hold Estate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
Section 3: Home Businesses or Business Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
Section 4: Limitation of Occupancy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
Section 5: Restriction of Type of Building. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 6: Moved Structures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 7: Temporary Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 8: Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
Section 9: Storage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
Section 10: Garage Doors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
Section 11: Vehicle Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
Section 12: Pets and Animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
Section 13: Exposed Garbage and Trash Pick-up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
Section 14: Fixtures and Equipment. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
(ii)
Section 15: Parking………………………………………………………………………21
Section 16: Sports Equipment and Sports.……………………………………………….22
Section 17: Lawn Furniture, Lawn Equipment, Children’s Toys.……………………….22
Section 18: Exterior Window Coverings………………………………………………...22
Section 19: Exterior Lighting…………………………………………………………….22
Section 20: Construction and Renovation ……………………………………………….22
Section 21: Open Flames and Propane Tanks…………………………………………...22
Section 22: Fences and Walls and Plantings…………………………………………….22
Section 23: Noises, Odors and Other Nuisances………………………………………...22
ARTICLE XVII: EASEMENTS………………………………………………………………23
Section 1………………………………………………………………………………….23
Section 2………………………………………………………………………………….23
Section 3………………………………………………………………………………….23
Section 4………………………………………………………………………………….23
ARTICLE XVII: GENERAL PROVISIONS………………………………………………..24
Section 1: Enforcement. ………………………………………………………………..24
Section 2: Severability …………………………………………………………………24
Section 3: Amendment…………………………………………………………………24
Section 4: Mergers and Consolidation.…………………………………………………24
Section 5: Grammar ……………………………………………………………………24
Section 6: Notices ……………………………………………………………………...25
ACKNOWLEDGEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26
THIRD RESTATED DECLARATION
OF
COVENANTS, CONDITIONS & RESTRICTIONS
FOR RANDOL MILL PARK GARDEN HOMES
THE STATE OF TEXAS §
§ KNOW ALL MEN BY
THESE PRESENTS:
COUNTY OF TARRANT §
WHEREAS, on July 13, 1973, there was recorded in Volume 5488, Pages 387-412 of the Deed Records of Tarrant County, Texas, a “Restated Declaration of Covenants, Conditions and Restrictions” for Randol Mill Park Garden Homes Subdivision, an Addition to the City of Arlington, Tarrant County, Texas (hereinafter referred to as “Declaration”); which such Declaration was amended by subsequent documents recorded in Volume 5750, Page 27; Volume 6262, Page 905; and Volume 6421, Page 995 of the Deed Records of Tarrant County, Texas; and
WHEREAS, on April 13, 2004, the Randol Mill Park Garden Homes Homeowners’ Association, Inc. (“Association”), according to the terms and conditions provided in the Declaration and By Laws for the Association, duly approved and subsequently recorded the Second Restated Declaration of Covenants, Conditions & Restrictions for the Randol Mill Park Garden Homes Addition, which Second Restated Declaration was recorded as Clerk’s Instrument #D204108963 in the Real Property Records for Tarrant County, Texas; and
WHEREAS, the Declaration, and Article XIII, Section 3, of said Second Restated Declaration provides that it may be amended during its first twenty year period by an instrument signed by the President of The Association and a certificate by the Secretary of the Association that at a meeting called for the purpose of amending the covenants and restrictions, a quorum of fifty-two percent (52%) of the Lot Owners eligible to vote were present, either in person or by proxy, and that two-thirds (2/3) of those present approved said amendments. Further, the covenants and restrictions of this Declaration may be amended during the first twenty year period by an instrument signed by not less than sixty-six and two-thirds percent (66-2/3%) of the Lot Owners, and after that period, with the consent of fifty-two percent (52%) of the Lot Owners. Any amendment must be properly recorded in Tarrant County, Texas.
WHEREAS, there are 108 Lots (not including the Lot containing the clubhouse, swimming pool and adjacent parking lot) in the Randol Mill Park Garden Homes Subdivision; and
WHEREAS, the undersigned, who constitute the Owners of fifty-two percent (52%) or more Lots eligible to vote in Randol Mill Park Garden Homes Subdivision, wish to consent to the amendments in the Third Restated Declaration set out herein,
NOW, THEREFORE, the following is adopted as the Third Restated Declaration of Covenants, Conditions, and Restrictions” for Randol Mill Park Garden Homes Subdivision, and wholly replaces the Declaration and its amendments referred to above, and the Second Restated Declaration referred to above, and all the Properties described in said Declaration and its amendments, and said Second Restated Declaration, shall be held, sold, and conveyed subject to the following restrictions, covenants, and conditions, all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of the real property. These easements, covenants, restrictions and conditions shall run with the real property and shall be binding on all parties having or acquiring any right, title or interest in the described properties or any part thereof, and shall inure to the benefits of each Owner thereof.
ARTICLE I
DEFINITIONS
Section 1: “Association” shall mean and refer to RANDOL MILL PARK GARDEN HOMES HOMEOWNERS’ ASSOCIATION, INC., a Texas nonprofit corporation, its successors and assigns.
Section 2: “Properties” or “Property” shall mean and refer to:
All of Lots 11 through 30, inclusive, Block A;
All of Lots 1 through 9R, inclusive, Block B;
All of Lots 1-26 inclusive, Block C;
All of Lots 1-16, inclusive, Block D;
All of Lots 1-24 inclusive, Block E;
All of Lots 1-14, inclusive, Block F;
all in Randol Mill Park Garden Homes Subdivision, an Addition to the City of Arlington, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-71, at Page 1, and according to the revised plat thereof recorded in Volume 388-79, at Page 61, of the Plat Records, Tarrant County, Texas.
Section 3: “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the Owners. The Common Area owned by the Association at the time of this Third Restated Declaration is described as Lot 30, Block A in Randol Mill Park Garden Homes, an Addition to the City of Arlington, Tarrant County, Texas, as shown on the plat thereof recorded in Volume 388-79, page 61 of the Plat Records of Tarrant County, Texas,
together with all buildings, structures and improvements, recreational facilities, community facilities, swimming pools, pumps, trees, landscaping, pipes, wire, conduits, and other public utility lines situated thereon.
Section 4: “Lot” or “Parcel” shall mean and refer to each of the Lots in the Property described above under “Properties” or “Property,” on which there is constructed a single family residential Garden Home which is to be individually and separately owned. “Garden Home” shall mean a free-standing, single-family residence.
Section 5: “Owner” or “Homeowner” or “Member” shall mean and refer to the record Owner of a Lot, whether one or more persons or entities, holding fee simple title to the Lot, but excluding those persons or entities holding any interest in a Lot merely as security for the performance or satisfaction of any obligation.
Section 6: “Tenant” or “Lessee” or “Renter” or “Occupant” shall mean and refer to a person other than the Owner of record, or his immediate family, who occupies a Garden Home, whether or not such person pays rent or any other consideration to Owner for use of the Garden Home.
Section 7: “Assessment” or “Assessments” shall mean and refer to any or all of the following: (1) annual assessments which are customarily paid as monthly dues to pay the monthly obligations of the Association (including, but not limited to, utilities, landscape contract, pool contract, and insurance); (2) special assessments for capital improvements; and/or (3) any delinquent regular, annual, or special assessments or any other amounts owed to the Association pursuant to the Association’s Alternative Payment Schedule; (4) maintenance charges; or (5) any and all monies owed to the Association.
Section 8: “Governing Documents” shall mean this Third Restated Declaration, the Articles of the Association, the Second Restated By Laws of the Association, and all policies, procedures, rules and regulations enacted by the Association, published to the members of the Association, and recorded in the Official Public Records of Tarrant County, Texas.
ARTICLE II
MEMBERSHIP
Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot which is subject to covenants of record and to Assessments by the Association, including persons purchasing a Lot under an executory contract, shall be a Member of the Association. Persons or entities who hold an interest merely as security for the performance of an obligation are not Members of the Association. Each Owner is a Member of the Association, and shall have only one vote relating to matters of the Association, which shall be exercised in accordance with Article III herein and such other provisions of the Governing Documents as may be applicable.
Membership shall be appurtenant to and may not be separate from ownership of any Lot which is subject to Assessment by the Association. Ownership of such Lot shall be the sole qualification for Membership.
ARTICLE III
VOTING RIGHTS
Each Owner shall be entitled to one vote regardless of the number of lots owned, subject to the terms and conditions on voting contained herein and the Governing Documents of the Association. When more than one person holds an Ownership interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they, among themselves, determine; but in no event shall more than one vote be cast with respect to any Lot. The rights and privileges of Membership, including the right to vote and to hold office, may be exercised by a Member or the Member’s spouse, but in no event shall more than one (1) vote be cast nor office held by any owner. One indivisible vote is appurtenant to each lot. The total number of votes equals the total number of lots in the Property. If additional property is made subject to this Declaration, the total number of votes will be increased automatically by the number of additional lots or tracts. Each vote is uniform and equal to the vote appurtenant to every other lot. Cumulative voting is not allowed.
ARTICLE IV
PROPERTY RIGHTS
Section 1: Members’ Easement of Enjoyment: Every Member shall have a right to and easement of enjoyment in and to the Common Area 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 adopt and publish reasonable rules and regulations regarding use of the Common Area and facilities, compliance with the terms and conditions of this Third Restated Declaration, and the personal conduct of Members and their guests thereon, and to establish penalties for the infraction thereof,
(B) the right of the Association to limit the number of guests of Members;
(C) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;
(D) the right of individual Owners to the exclusive use of parking spaces as provided in this Article;
(E) the right of the Association, in accordance with its Articles and Second Restated By-Laws, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof to mortgage same;
(F) the right of the Association to suspend the right of use of the Common Area, including any recreational facilities, by a Member for any period during which any Assessment, or other monies owed to the Association by the Member or relating to the Lot owned by the Member remains unpaid after notice and hearing;
(G) the right of the Association to suspend the right to use of the recreational facilities by a Member for any infraction of its published rules and regulations after notice and hearing;
(H) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by the Members entitled to cast two-thirds (2/3) or sixty-six and sixty-six hundredths of a percent (66.66%) of the votes of the Membership has been recorded, agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than thirty (30) days nor more than fifty (50) days in advance.
Section 2. Delegation of Use: Subject to the prior approval of the Association and in accordance with the Governing Documents, a Member may delegate his right to use and enjoyment of the Common Area and facilities to the members of his family, his Tenants, or contract purchasers who reside on the Property.
Section 3. Title to Common Area: Title to the Common Area shall remain undivided in the Association so as to preserve the rights of the Owners with respect to their use and enjoyment of the Common Area. As a right running appurtenant thereto, ownership of each Lot shall entail the use and enjoyment of all buildings, structures, and improvements, all recreational facilities, community facilities, swimming pools, pumps, trees, landscaping, pipes, wire, conduits and other public utility lines situated thereon, walks, stairs, pavements, driveways, parking areas, entrances and exits owned by the Association and there shall always be access by both pedestrians and vehicles to and from each Lot to a street dedicated to public use without hindrance of such commuting ways by the Association and/or Owners of the Lots.
ARTICLE V
COVENANTS FOR MAINTENANCE ASSESSMENTS
Section 1: Creation of the Lien and Personal Obligation Assessments: Each Owner hereby covenants, and each Owner of any Garden Home by acceptance of a Deed therefore, whether or not it shall be so expressed in any such Deed or other conveyance, is deemed to covenant and agree to pay the Association: (1) annual Assessments or charges, and (2) special Assessments for capital improvements, such Assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual and special Assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge against the Lot upon which the Assessment is made and shall be a continuing lien upon the Lot against which each such Assessment is made until paid in full. The Association has such rights and powers as may be necessary to establish and judicially foreclose the lien for Assessments after proper notice in accordance with the laws of the State of Texas. Each such Assessment, together with such interest, costs, and reasonable attorney’s fees shall also be the personal obligation of the persons who were the Owner(s) of such Lot at the time when the Assessment fell due.
Section 2: Purpose of Assessments: The Assessments levied by the Association shall be used for the following purposes:
(A) promotion of the recreation, health, safety and welfare of the Owners of the Lots and of the Common Area;
(B) acquisition, improvement, maintenance and operation of the Common Area and all recreational facilities herein, and payment of any and all valid indebtedness incurred in connection therewith;
(C) operation of the services and facilities devoted to, intended for, and related to the implementation of enjoyment and use of the Common Area and all facilities therein by Owners of the Lots;
(D) payment of ad valorem and other taxes, insurance premiums, labor and other costs incidental to the purposes set out in Paragraphs (A), (B), and (C) ;
(E) establishment and maintenance of a reserve fund for the repair, maintenance and other costs and expenses incidental to the purposes set out in Paragraphs (A), (B), (C), and (D). Said reserve fund shall not exceed 10% of the insured replacement value of the common areas and all recreational facilities thereon.
(F) payment of such other charges and expenses as may be elsewhere required or authorized by the Governing Documents, or that the Board of Directors of the Association may, from time to time, determine necessary or desirable to meet the purposes of the Association.
Section 3: Basis and Maximum of Annual Assessment: The fiscal year of the Association shall begin on January 1st and end on the 31st day of December of every year. The annual Assessment for each new budget year may be increased by up to ten percent (10%) of the last year’s total annual Assessment, as deemed necessary by the Board of Directors, without a vote of the Membership. In determining the annual Assessment, the Board of Directors shall consider the current maintenance costs and other expenses incurred by the Association in the previous year and the projected maintenance costs and expenses of the Association.
The annual Assessment may be increased above ten percent (10%) by a vote of eligible Members as follows: Written notice of a meeting to vote on the increase shall be sent to all Members not less than thirty (30) days nor more than fifty (50) days in advance of such meeting and shall set forth the purpose of said meeting.
At such meeting, the presence of Members (in person or by proxy) entitled to cast 52 percent (52%) or more of all the votes of the Membership shall constitute a quorum (number of persons necessary in order to vote on the issue). If the required quorum is not forthcoming at the first meeting, then a second meeting may be called, with written notice as stated above. At the second meeting, the presence of members entitled to cast thirty-six percent (36%) or more of all the votes of the membership shall constitute the necessary quorum.
In either case, a minimum of sixty-six and two-thirds percent (66-2/3%) of votes of the quorum shall be required to authorize the increase.
Section 4: Special Assessments for Capital Improvements: In addition to the annual Assessments authorized above, the Association may levy in any Assessment year, a special Assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto.
A Special Assessment for Capital Improvements shall be decided by a vote of eligible Members as follows: Written notice of a meeting to vote on the increase shall be sent to all Members not less than thirty (30) days nor more than fifty (50) days in advance of such meeting and shall set forth the purpose of said meeting.
At such meeting, the presence of Members (in person or by proxy) entitled to cast 52 percent (52%) or more of all the votes of the Membership shall constitute a quorum (number of persons necessary in order to vote on the issue). If the required quorum is not forthcoming at the first meeting, then a second meeting may be called, with written notice as stated above. At the second meeting, the presence of members entitled to cast 36% or more of all the votes of the membership shall constitute the necessary quorum.
In either case, a minimum of sixty-six and two-thirds percent (66-2/3%) of votes of the quorum shall be required to authorize the increase.
Section 5: Uniform Rate of Assessment: Both annual and special Assessments must be fixed at a uniform rate for all Lots and shall be collected on a monthly basis, i.e., one-twelfth (1/12th ) of the annual Assessment on each Lot each month.
Section 6: Date of Commencement of Annual Assessment: For the year beginning January 1, 2012, the annual assessment is $588.00. The annual Assessments provided for herein commence as to all Lots on the first day of the month of January of each year. The Board of Directors shall fix the amount of the annual Assessment against each Lot at least thirty (30) days in advance of each annual Assessment period. If the annual assessment is changed from the previous year, written notice of such change in the annual Assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors and, unless otherwise provided, the Association shall collect each month from the Owner of each lot one- twelfth (1/12th) of the annual Assessment for such Lot. The Association shall upon demand, at any time furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified lot have been paid. A reasonable charge may be made by the Board of directors for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any Assessment therein stated to have been paid.
Section 7: Effect of Non-Payment of Assessment – Remedies of the Association: Any Assessments and installments thereupon which are not paid when due shall be delinquent. If the Assessment or installment(s) thereupon pursuant to the Association’s Alternative Payment Schedule is not paid within thirty (30) days after the due date, the unpaid portion of said Assessment shall bear a penalty (late fee) established by the Board of Directors from the date of delinquency, not to exceed the maximum rate allowed by law. Among other means of collection of any Assessment, the Association, within its sole discretion, has the following powers and remedies to collect unpaid Assessments, and it may use one, several, or none of these methods to collect Assessments after proper notice and hearing:
(A) Prohibit access to the Common Area, including any recreational facility, during the period any Assessment of an Owner remains unpaid;
(B) The Association may file a Notice of Lien against the property of any homeowner who becomes 120 days delinquent in the payment of assessments.
(C) The Association may bring an action at law or in equity against the Owner personally obligated to pay the same. In any lawsuit brought to collect unpaid Assessments, the Association shall be entitled to recover, in addition to the unpaid Assessments, late fees, its Attorney’s fees and costs in pursuing collection of the unpaid Assessments. Suit for a money judgment for unpaid Assessments shall be maintainable without foreclosing or waiving the lien securing same.
(D) The Association may judicially foreclose the Assessment Lien. All such Assessments, together with late fees, not to exceed the maximum legal rate, costs and reasonable attorney’s fees actually incurred, shall be a charge on the Lot, and shall be a continuing lien upon the Lot against which each Assessment is made for the benefit of the Association. Any foreclosure conducted by the Association shall be conducted in accordance with Chapters 51 and 209 of the Texas Property Code.
(E) No Owner may waive, have waived, or otherwise escape liability for the Assessments provided for therein by non-use of the Common Area or abandonment of his Lot.
Section 8: Collection Policies and Procedures:
(A) Payments of Assessments may be made in the following ways: (1) checks or money orders (No Cash) may be placed in the slot at the Clubhouse adjacent to the front door; (2) a check or money order may be mailed to Randol Mill Park Garden Homes Homeowners Association, 2001 Oakwood Lane, Arlington, Texas 76012; and (3) payments may be automatically deducted from an Owner’s bank account and a check sent by the bank to the Association at the above address.
(B) For collection purposes, when payments are received, payments shall applied in the following order: (1) delinquent assessments, (2) current assessments, (3) any attorney’s fees or third party collection costs incurred by the Association associated solely with assessments or any other charge that could provide the basis for foreclosure, (4) any attorney’s fees incurred by the Association that are not subject to Subdivision [3]; (5) fines; and (6) any other amounts owed to the Association.
(C) Association monthly Assessments are due on the first (1st) day of each month. If received after the last day of the month, the amount shall be considered past due and delinquent. A mailed payment shall be deemed to be late if the date stamp on the envelope is later than the last day of the month in which the payment is due.
(D) In the event any Assessment becomes thirty (30) days delinquent and violates the Association’s Alternative Payment Schedule, a notice shall be prepared. A late fee may be added, as set by the Board of Directors and described in the most recent
printing of the Association’s Policies and Procedures. A like amount may be added for each month that the delinquency continues. Notification of the delinquency, as well as the amount of late fee, shall be forwarded by U.S. certified mail, return receipt requested, to the Owner’s address of record, and shall be assumed to have been received unless returned marked “undeliverable” by the U.S. Post Office.
(E) In the event any Assessment becomes one hundred and twenty (120) days delinquent, the Association may cause a Notice of Lien to be recorded in the real property records for Tarrant County, Texas on the Owner’s Lot. The Association may proceed to foreclose on their lien, in accordance with Texas Property Code, Chapters 51 and 209, at a time deemed appropriate by the Board of Directors. Attorney fees and/or any other legal expenses necessary to file a Notice of Lien and/or to foreclose on a Lot shall be assessed against the Lot, with the Owner of that Lot being responsible for payment.
(F) No Owner may waive, have waived, or otherwise escape liability for the Assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
Section 9: Enforcement of Regulatory Documents and Community Policies: When any provision of the Governing Documents is violated, a fine may be assessed by the Association against the Owner, whether the Owner, members of their family, occupants, Tenant/Lessees or guests cause such violation.
When violation(s) are observed or discovered, the Board of Directors shall have the authority to forward to the Owner a notice of an assessment of a fine that contains the following:
(A) Describe the policy violated and the amount of the fine or fines that will be assessed in the event the violation(s) are not corrected. This notification shall be provided in
writing and forwarded to the Owner and/or Tenant/Lessee via certified mail, return receipt requested; and
(B) Allow the Owner a reasonable specific period of time in which to cure the violation(s) and avoid the assessment of a fine, and
(C) State that the Owner may, no later than 30 days after the date of the notice, request a hearing before the Board of Directors to contest the violation and/or fine.
(D) The request for a hearing with the Board must be received in writing, addressed to the Association President, at 2001 Oakwood Lane, Arlington, TX 76012, within 30 days from the date of notice of the original fine; and
(E) Following the period of time given to the Owner to resolve the violation(s), a fine will be assessed against the Owner. Each day that violation(s) exist may be considered a separate violation if the violation(s) continue after written notice has been provided.
(F) If an Owner requests a hearing and said hearing results in the assessment of a fine or fines, such fine(s) shall be due immediately after the Board’s decision has been made. If an Owner requests a hearing and fails to appear at the hearing, Owner forfeits his or her right to a hearing, and any fine assessed by the Board will be applied. Only one (1) hearing per year is allowed for the same or similar violation.
(G) Failure to pay any fine(s) or Assessment(s) by the Owner will be subject to the collection policy as outlined with the Association’s Policies and Procedures, and shall act as a lien against the Lot owned by the Owner. Any costs incurred by the Association (i.e., attorney fees, court costs, etc.) will be assessed against the Owner. Any consent or approval given under these policies may be amended or repealed at any time by resolution of the Board.
Section 10: Relation of the Lien to Mortgages: The Association’s lien for Assessment provided for herein shall be subordinate to the lien of any Deed(s) of Trust, mortgage(s) granted or created by the Owner of the Lot, Garden Home, or any estate in either, to secure the payment of moneys advanced and used for the purpose of purchasing and/or improving such Lot of Garden Home (“Superior Deed of Trust”). Sale or transfer of any Lot or Garden Home, or estate in either, at foreclosure under Superior Deed of Trust shall extinguish the lien of such
Assessments as to payments thereof which become due prior to such foreclosure, to the extent there are not excess proceeds from the foreclosure sale to which the Association might otherwise be entitled. The purchaser at the foreclosure sale of the Superior Deed of Trust shall take the Lot subject to Association’s Assessment Lien for all Assessments that come due after the date of the foreclosure sale. To the extent necessary to effectuate this provision, Assessments that are assessed in the year in which the foreclosure sale occurs shall be prorated based on the first month after the foreclosure. The foreclosure of any Superior Deed of Trust encumbering a Lot shall not extinguish the Owner’s personal liability for any unpaid Assessments, interest, late fees, or penalties.
Section 11: Exempt Property: The following property subject to this Third Restated Declaration shall be exempt from the Assessments created herein:
(A) all properties dedicated to and accepted by a local public authority; and
(B) the Common Area.
However, no land or improvements devoted to dwelling use shall be exempt from said Assessment.
ARTICLE VI
SALE OF A GARDEN HOME: TRANSFER FEE
A transfer fee, established by the Board of Directors and in accordance with the Association’s Policies and Procedures, shall be assessed for each Lot that is sold and/or conveyed to another party. This fee is necessary to cover the costs incurred for preparation of a resale certificate or other documents required by the buyer, seller, mortgage company and/or title company. This transfer fee shall be paid by the buyer unless agreed otherwise at the time of each conveyance of a Lot, with payment made at the time the Association is notified of the sale, or the transfer fee shall be paid to the Association by the title company handling the sale at time of closing with the exception of certain conveyance exclusions as noted in this Third Restated Declaration. Specific requirements are summarized as follows:
(A) Upon conclusion of the sale, a copy of the documents verifying the name of the purchaser and/or new Owner(s), including the name, address and telephone number(s) of the purchaser, and the title company or attorney designated to close the transaction. This information should be sent to the Association at 2001 Oakwood Lane, Arlington, TX 76012.
(B) At closing, a new Owner is required to fill out a “Notice of Membership in a Homeowners’ Association” form and return it to the Association. The Association will supply this form with the resale certificate.
(C) Compliance Statement Required for New Owners or Tenant/Lessee: Upon sale of a Garden Home, the Association shall supply the title company with a compliance statement to be signed by the new Owner, indicating that he has read, understood, and is willing to comply with the Governing Documents, Third Restated Declaration, Second Restated By-Laws, Policies and Procedures of the Association. A Tenant/Lessee must also sign this form. Failure to sign said form does not release Owner or his Tenant/Lessee from compliance with the Governing Documents.
ARTICLE VII
LEASE OF A GARDEN HOME
Section 1: Lease of Garden Home: Owners who lease their Garden Homes are subject to the following restrictions. The lease agreement must be in writing and executed by the Owner and Tenant/Lessee for a period of not less than thirty (30) days or on a month-to-month basis. The terms of the lease agreement must contain the following provisions: “Tenant/Lessee and all Occupants agree to abide by the terms and conditions of the Randol Mill Park Garden Homes Homeowner’s Association Governing Documents, Third Restated Declaration, Second Restated By Laws, and Policies and Procedures.” The lease agreement must also contain names and contact information for the primary Tenant/Lessee(s). An Owner or Tenant/Lessee may not sublease, formally or informally, to any other occupants, whether or not these additional occupants pay rent or any other consideration or enter into a lease agreement or not. Occupants of a rented Garden Home are limited to the occupants listed on the lease between the Owner and primary Tenant/Lessee. Failure of any Tenant, Lessee, or Owner to comply with the Governing Documents shall subject the Owner of the Garden Home to assessments, fines, or penalties imposed by the Association as provided in the Governing Documents.
Section 2: Section 8 Rentals: This subdivision is not approved for Section 8 rentals.
Section 3: Restrictions Regarding Use of Garden Home for Transient Purposes: Owners are not permitted to sell, lease or sublease a Garden Home for short-term or transient purposes, such as hotel, boarding house, bed-and-breakfast purposes, or vacation rental home, or to permit a Garden Home to be used for these purposes, with or without payment of rent or any other consideration, or with or without a lease agreement. Any lease of a Garden Home, whether or not for consideration, shall be for no less than thirty (30) days, or a month-to-month basis.
Section 4: Lease Application and Background Check: Owners must mail to the Association, at 2001 Oakwood Lane, Arlington, TX 76012, a copy of the application, lease and all associated documents, containing the names of all occupants, as well as the name and address
of Owner’s managing agent (if any) at the beginning of the lease term. In addition, Owner is required to obtain a mandatory criminal background check for each adult resident of a leased dwelling, and a copy of such background check(s) must be provided to the Association at 2001 Oakwood Lane, Arlington, TX 76012, prior to the Tenant/Lessee’s move into the dwelling.
Section 5: Powers of Association Concerning Disruptive Tenant: If an Owner has been notified by the Association that its Tenant/Lessee is causing repeated disruption and disturbance in the Property, and the Owner fails to act to remedy the problems to the Association’s satisfaction, the Association may take such actions as would be allowed the landlord under the lease or under Texas law, including, but not limited to, a temporary restraining order, a temporary and permanent injunction, or an eviction. Should the Association exercise the powers provided under this paragraph, it may assess the costs and expenses incurred in such exercise against the Owner of the Lot or the Tenant/Lessee as is appropriate or as provided by law.
ARTICLE VIII
MANAGEMENT AGREEMENTS
The Board of Directors of the Association may, with the written approval of sixty-six and two-thirds percent (66-2/3%) of the qualified voting members of the Association, enter into a management agreement for the operation and/or maintenance of the Association, its Common Area and all facilities therein, as it deems necessary or advisable, and each Owner, by accepting title to his Lot, agrees to and shall be bound by the terms and conditions of all such management agreements entered into by the Association. A copy of all such agreements shall be available to the Lot Owners at the offices of the Association. Any management agreement entered into by the Association shall provide that said management agreement may be cancelled by an affirmative vote of fifty-two percent (52%) of the votes of the Members of the Association.
All management agreements shall be made with responsible parties having experience adequate for the management of a project of this type. All management agreements must be cancelable with a 60-day notice.
ARTICLE IX
INSURANCE
Section 1: Insurance for Individual Garden Homes: The Owner of each Lot shall purchase and keep in full force and effect throughout the entire period of his or her ownership a Texas Standard Form Homeowners policy or policies of insurance, with inflation-guard endorsement or a Texas Standard Form policies of fire and extended coverage insurance with appropriate new replacement cost endorsements, issued by a solvent, reputable insurance
company licensed to do business in the State of Texas and having a Bests Rating Guide rating of “A+ AA” or better, for the current replacement cost of the improvements situated upon his Lot. In the event of damage or destruction by fire or other casualty covered by said policies to any Garden Home, the proceeds of such policies shall be used solely for the repair, reconstruction or rebuilding of such damaged or destroyed Garden Home and all appurtenances thereto in a good and workmanlike manner to current city and state building codes and in conformance with Article X. In the event any Owner shall fail to purchase the policy or policies of insurance provided for above within ten days after receipt of title to Lot upon which a Garden Home is situated, and thereafter keep said policy in full force and effect during all times said Lot is owned by said Owner, the Association may purchase an appropriate insurance policy and assess the full premium therefore against the defaulting Owner and his Lot, which Assessment shall be in addition to all other Assessments made hereunder and shall be enforceable and secured by a lien as in the case of the annual and special Assessments herein above set out.
Section 2: Insurance for the Common Area: The Association shall purchase and maintain in full force and effect at all times, a Texas Standard form policy of fire and extended coverage insurance, written by a company licensed to do business in the State of Texas providing coverage against vandalism and malicious mischief and such additional coverage as shall seem appropriate to the Board of Directors, upon recreational buildings and other improvements owned and maintained by the Association upon the Common Area hereunder, together with all contents therein, in a face amount of not less than the current replacement cost of said improvements and contents. In the event of fire or other casualty the proceeds of said policies of insurance shall be used solely for repair and/or reconstruction of said recreational buildings and other improvement and their contents in accordance with their original plans and specifications. The premiums to be paid for said policies of insurance shall constitute a portion of the annual Assessments set out above.
Section 3: Liability Insurance: The Association, as a common expense, shall effect and maintain at all times, public liability insurance written by an insurance company licensed to do business in the State of Texas and having a Bests Rating “A+ AA” or better with minimum limits of not less than one million dollars ($1,000,000). The Association shall purchase and maintain in full force and effect, at all times, a policy or bond to indemnify the officers and the Board of Directors in the amount of one million dollars ($1,000,000) against their errors, omissions and actions taken in the fulfillment of their duties of office. The premiums to be paid for said policies of insurance or bond shall constitute a portion of the annual Assessments set out above.
ARTICLE X
REPAIR AND RECONSTRUCTION OF DAMAGED IMPROVEMENTS
In the event of damage to or destruction of any Garden Home, the Owner thereof shall, at his sole cost and expense, repair and/or restore same to the same condition in which it existed just prior to the damage or, if destroyed, reconstruct said Garden Home. Such repair, replacement or reconstruction must conform to the original architectural concept and any changes approved by the Architectural/Landscape Committee. Repairs or reconstruction shall be commenced and completed within a reasonable time in a good and workmanlike manner to comply with current city and state building codes.
ARTICLE XI
PARTY WALLS/FENCES
Section 1: General Rules of Law to Apply: Each wall which is built as a part of the original construction of a Garden Home upon a Lot and placed on a dividing line between Lots shall constitute a party wall. The general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. No owner of a Garden Home shall obstruct or otherwise change the natural flow and drainage of water thereby causing damage to any other property, either by landscaping, unauthorized structures, or allowing for the build-up of debris, dirt and other objects. No Owner of a Garden Home shall cut through or make any penetration through a party wall for any purpose whatsoever.
Section 2: Party Fence: Each Fence which is built as a part of the original construction of the homes on the Lots and placed on the dividing lines between the Lots shall constitute a party fence, and the general rules of law regarding party walls or party fences and of liability for property damage due to negligence or willful acts or omissions, as well as the provisions of this Article X, shall apply to such party walls and party fences.
Section 3: Sharing of Repair and Maintenance: The cost of reasonable repair and maintenance of a party wall or party fence shall be shared by the Owners who make use of the wall or fence in proportion to their respective use of same.
Section 4: Destruction by Fire or Other Casualty: If a party wall or fence is destroyed or damaged by fire or other casualty, then, to the extent that such damage is not covered by insurance and repaired out of the proceeds of same, any Owner who has used the wall/fence may restore it, and if any other Owner or Owners thereafter shall make use of the wall/fence, they shall contribute to the cost of restoration thereof in proportion to their respective use of the same, without prejudice, however, to the right of any such Owner to call for a larger contribution from the others under any rule of law regarding liability for negligence or willful acts or omission.
Section 5: Weather Proofing: Notwithstanding any other provisions of this Article, to the extent that such damage is not covered and paid for by the insurance provided for herein, an Owner, who by his negligent or willful act causes or permits any party wall, party fence, or portion thereof to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.
ARTICLE XII
CLUBHOUSE AND POOL
Section 1: Access: The Association maintains the Common Area, located at 2001 Oakwood Lane, which includes the clubhouse and pool area and adjacent parking lot. The pool and clubhouse are available to all Homeowners and their guests, subject to the terms of the Governing Documents and such future policies, procedures, rules, and regulations as may be adopted by the Association from time to time. If an Assessment(s) is delinquent, a Homeowner and/or his Tenant/Lessee and guests shall be denied access to the pool and clubhouse after notice, reasonable amount of time to correct delinquency, and hearing. A Homeowner must submit written permission to the Association in order for his Tenant/Lessee to have use of the pool or clubhouse. The Association may grant or deny a Tenant/Lessee access to the pool and clubhouse area if such restriction is in the best interest of the Association. A letter from the Owner giving the Tenant/Lessee permission to use the pool or clubhouse must be on file with the Clubhouse Manager. Regulations pertaining to fees, keys and entrances to the pool are outlined in the Policies and Procedures.
Section 2: Rental: Members may rent the clubhouse for private use. A usage fee is charged for the clubhouse, and a security deposit is required. The clubhouse cannot be used for commercial purposes, nor can it be rented by a non-resident. The swimming pool cannot be reserved and/or rented at any time, according to state and city ordinances.
Section 3: Restrictions: The Common Area located at 2001 Oakwood Lane is strictly for the use of Homeowners and Tenant/Lessee of record as authorized by Homeowners. Non-Homeowners are strictly prohibited from use of the facility unless they are accompanied by the Homeowner and/or the Tenant/Lessee of record.
The clubhouse, parking lot, and pool are not open to the general public, and the police may be called if unauthorized person(s) are on the premises. A Homeowner or Tenant/Lessee must be present at all times when guest(s) are using the clubhouse or pool. An adult must be present at all times when person(s) age 18 years or younger are using the clubhouse or pool.
No lifeguard is provided at the pool, and all users are responsible for their own safety.
Proper swimming attire must be worn while swimming. No animals are allowed in the pool area. Those who use the clubhouse or pool must leave them in a clean and acceptable condition. If these areas are damaged or left in unclean or unacceptable conditions by a Homeowner, his family, his guests or his Tenant/Lessee, a fine may be assessed to the Homeowner by the Association.
Pool rules have been established, are posted in the pool area, and must be adhered to at all times or penalties will be enforced. If a Homeowner, his Tenant/Lessee or any guests break pool rules more than once, future use of the facility may be denied indefinitely to such Homeowner, his Tenant/Lessee and any guests, and reinstatement of access to the pool will be at the discretion of the Board.
Any Homeowner or Tenant/Lessee who uses the pool after access by them has been restricted for any reason by the Board shall be subject to fines, as provided in the Governing Documents.
ARTICLE XIII
ARCHITECTURAL/LANDSCAPE CONTROL
No building, fence, wall or other structure shall be commenced, erected, or maintained upon any lot nor shall any exterior addition to or alterations therein be made until the plans and specifications showing the nature, kind, shape, height, materials, surface color, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association. Changes or alterations, proposed in any manner, to the landscaping in any yard other than the patio of each Garden Home, shall be submitted for approval by the Board of Directors. In the event the Association or its designated committee fails to approve or disapprove such design within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.
ARTICLE XIV
EXTERIOR MAINTENANCE
The maintenance of each Homeowner’s premises, structures, private parking areas, landscaping and other improvements in good repair is the sole responsibility of the Owner. If the Owner fails to make the needed repairs, the Association may cause the repairs to be made. The cost of such maintenance and repairs may be added to and become an additional Assessment to which such Owner’s Lot is subject. If such assessment is not paid within ninety (90) days after written demand thereof and in accordance with the Association’s Alternative Payment Schedule,
it may be secured by a Notice of Lien as in the case of said annual Assessment. The Owner shall be responsible for the maintenance of soffits or fascias inside the private courtyards, whether exposed to view from the front Lot line or not.
ARTICLE XV
YARD MAINTENANCE
The Association shall mow, edge and fertilize the grass between the curb of the public street abutting each Lot and the wall and/or screen fence or wall of the Garden Home thereupon, that is exposed to view from, or fronts upon the property line of the Lot abutting a public street. The Common Area located at 2001 Oakwood Lane, Arlington, TX 76012 includes the clubhouse and swimming pool and adjacent parking lot and shall be maintained by the Association. Individual Owners shall be responsible to water, within the parameters of City of Arlington codes, all grass, trees, and other plants on their Lot with sufficient water to keep said grass, trees and other plants alive and in healthy condition. Owners shall maintain rear yard landscaping and grass between the front fence or screen wall and the front wall of any Garden Home, gardens, patios and other front or rear yard improvements. The frequency and times, and the materials to be used in the performance of all maintenance to be performed by the Association shall be in the sole discretion of the Association and not subject to the control of any Owner.
ARTICLE XVI
USE RESTRICTIONS
Section 1: Construction: All buildings or structures on the property shall be of new construction. Lot owners shall obtain a building permit from the City of Arlington before commencing any such construction.
Section 2: Free Hold Estate: Each Lot conveyed shall be designated by a separate legal description and shall constitute a free hold estate subject to the terms, conditions and provisions hereof.
Section 3: Home Businesses or Business Use: The Lots shall be used only for residential purposes, as a private residence, and no professional business or commercial use shall be made of the same, or any portion thereof, nor shall an Owner’s or resident’s use of a Lot endanger the health or disturb the reasonable enjoyment of any other Owner or resident.
Section 4: Limitation of Occupancy: Occupancy of each Garden Home shall be as stated in Arlington’s City Housing Code.
Section 5: Restriction of Type of Buildings: No buildings, other than Garden Homes, being free-standing, single-family residences, shall be constructed on the Lots.
Section 6: Moved Structures: No building or structure shall be moved onto said Lots.
Section 7: Temporary Structures: No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuildings shall be used on any Lot at any time as a residence, either temporarily or permanently.
Section 8: Signs: No signs, other than “For Sale” and “For Rent” signs, shall be permitted on a Lot, except as indicated below:
Contractor’s signs shall be removed when construction is complete.
Political signs are not allowed except during election periods and must comply with city ordinances and current law. Only one sign in favor of a candidate, party or issue may be erected on a lot not earlier than 90 days in advance of an election and the sign must be removed not later than 15 days after such election.
Section 9: Storage: No storage of any item shall be allowed except within the private courtyard or garage and out of view from the street. This includes, but is not limited to boats, water craft, recreational vehicles, campers, trailers, and mobile homes. No storage compartments, either permanent nor temporary, are allowed except within a private courtyard or garage, out of view from the street and not encroaching upon adjacent property.
Section 10: Garage Doors: The garage doors of each home on each Lot shall be kept closed when not in use by owner to access or use the garage.
Section 11: Vehicle Maintenance: No maintenance of any vehicle shall be permitted except within the garage, except for the washing and polishing of said vehicles. This includes but is not limited to automobiles, trucks, campers, trailers, motorcycles, recreational vehicles, water craft, and boats, nor shall the rebuilding of any motor of any type be allowed except in the garage. No inoperable vehicle of any kind, nor any vehicle without current safety inspection or license tags, may be kept on any Lot, yard, driveway or street in front of any Lot at any time.
Section 12: Pets and Animals: No animals, livestock or poultry of any kind shall be raised, bred, or kept on any Lot, except dogs, cats or other common household pets not to exceed a total of two (2) pets. These may be kept, provided that they are not kept, bred, or maintained for any commercial purposes.
It shall be the absolute duty and responsibility of each Owner or Tenant/Lessee to immediately clean up after such animals which have used any portion of the Common Area or any other Properties under control of the Association. Also, each Owner or Tenant/Lessee must clean up after their pet in their own Lot so that odors do not bother neighbors, and rodents and insects are not attracted to the area.
Section 13: Exposed Garbage and Trash Pick-Up: All rubbish, trash, or garbage shall be kept screened by adequate planting or fencing so as to not be seen from neighboring Lots and streets, and shall be regularly removed from the property.
Trash pick-up service is provided by the City of Arlington on designated days. No trash bags or refuse for pick-up by the City are permitted to be in front yards or on curbs or streets prior to 7 p.m. on the evening before scheduled pickup.
If a contractor, landscape service or other type of service is used for any purpose on a Homeowner’s property, it is the Homeowner’s responsibility to insure that all trash and debris is removed from the property by said service crew.
Section 14: Fixtures and Equipment: All fixtures and equipment installed within a Garden Home, commencing at a point where the utility lines, pipes, wires, conduit or systems enter the exterior walls of the Garden Homes, shall be maintained and kept in repair by the Owner thereof. An Owner shall do no act nor any work that shall impair the structural soundness or integrity of another Garden Home or impair any easement or hereditament (property that may be inherited), nor do any act nor allow any condition to exist which shall adversely affect the other Garden Homes or their Owners.
Section 15: Parking: No boats, watercraft, recreational vehicles, campers, mobile homes, big-rig trucks or trailers are permitted to be parked on the Property on a permanent or regular basis. No vehicle shall be parked on streets or driveways so as to obstruct ingress and egress by Owners of Lots, their families, guests and invitees except for reasonable needs of emergency, construction, or service vehicles for a time limited to as briefly as possible. For a period not to exceed forty-eight (48) hours, family, guests and invitees of Owners of Lots may park their vehicles in the guest parking areas provided as part of the Common Area after obtaining approval of the Clubhouse manager. Guest parking areas are not intended for use by the Owners of Lots for parking or storing boats, trailers, camping units or any personal vehicles. The Board of Directors may insure the proper use of said areas in such legal manner as it deems necessary.
Overnight parking of any vehicle on any street within our community is prohibited. If a vehicle is parked in the street overnight, a fine (as described in Article V, Sections 9 and 10 herein) may be assessed against the Homeowner responsible for each vehicle per occurrence, regardless of where the vehicles are parked in the neighborhood.
Parking on yards or lawns is prohibited by city ordinance and by this Third Restated Declaration.
Section 16: Sports Equipment and Sports: No basketball hoops or any other sports equipment may be permanently installed in front yards, front patios, streets, the Common Area or anywhere it can be viewed from the street.
Section 17: Lawn Furniture, Lawn Equipment, Children’s Toys: No lawn maintenance equipment, children’s toys, children’s furniture or swings, bicycles, or swimming pools shall be stored outside a garage, a front wall, or the front of a Garden Home. These objects are to be kept in backyards and garages only, and are not to be visible from the street.
Section 18: Exterior Window Coverings: Only conventional drapery or window blind materials shall be used for windows visible from the street and must be in good repair. Solar screens that are manufactured specifically for residential application may be used.
Section 19: Exterior Lighting: Exterior lighting on any Lot shall be installed so as not to disturb the residents of other Lots.
Section 20: Construction and Renovation: If construction, repair, or reconstruction of a Lot or Garden Home is left incomplete or in disrepair for an excessive period of time the Board of Directors may, in its sole discretion, remove any incomplete portions or complete same without liability for conversion, trespass, or other damages, and all expenses shall be charged against the Lot and Owner and shall be paid to the Association by the Owner on demand, and until paid, shall have the same force and effect as any other Assessment of the Association. Construction and/or maintenance in or on any Property must be conducted between 8:00 a.m. and 8:00 p.m., with the exception of emergency repairs.
Section 21: Open Flames and Propane Tanks: Open-flame cooking devices and their accessories shall be operated and maintained in a safe and responsible manner, so as not to endanger neighboring Garden Homes and in accordance with the Fire Code of the City of Arlington. Trash burning is not allowed.
Section 22: Fences and Walls and Plantings: Except in the individual patio area(s) appurtenant to a Garden Home, no fences, or walls or buildings shall be erected upon said property, except as installed in accordance with the initial construction of the building or as approved by the Association, the Board of Directors, or its designated Architectural/Landscape Chairman or Committee.
Section 23: Noises, Odors and Other Nuisances: Nuisances such as excessive noise, noxious odors, excessive lighting, or any other conduct, action or inaction that would be disturbing, annoying or endanger the health or welfare of other Owners, guests or pets within the Property are prohibited and may be subject to fines by the Association.
ARTICLE XVII
EASEMENTS
Section 1: Each Lot and the property included in the Common Area shall be subject to an easement created by construction of any overhang of the structures. A valid easement for said encroachments and for the maintenance of same, so long as they stand, shall and does exist. In the event that a Garden Home is partially or totally destroyed and then rebuilt, the owners of all adjacent Garden Homes agree that valid easements shall exist for any encroachment resulting therefrom. The Owner of each Garden Home shall have reasonable and necessary easements over and across each and every Lot abutting the property line of the Lot upon which, or coincident to, a wall or walls of said Garden Home is constructed for run-off and drainage to surface waters and for ingress and egress for purposes of maintenance and reconstruction of the walls and/or overhang of said Owner’s Garden Home.
Section 2: There is hereby created a blanket easement upon, across, over and under all of the Properties for ingress and egress, installation, replacing, repairing and maintaining utilities, including, but not limited to, water, sewer, telephones, electricity and gas. By virtue of this easement, it shall be expressly permissible for the utility companies to affix and maintain pipes, wires, conduits or other service lines on, above, across and under the roofs and exterior walls of the Garden Homes. Notwithstanding anything to the contrary contained in this paragraph, no sewer, electrical lines, water lines or other utilities may be installed or relocated on the Properties until approved by the Association. Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown by the plat and instruments recorded in the Office of the County Clerk, Tarrant County, Texas, and by instruments that may hereafter be recorded in said office.
Section 3: The easements designated on the plat are for the mutual use of the utility company and the Owner of each Lot affected by the same. At their own peril, the Owner of each Lot may enclose all or any part of the easement affecting same and may place and maintain shrubbery, trees, flowers or other improvements thereon.
Section 4: The Owners of the respective Lots shall not be deemed to separately own pipes, conduits, or other service lines running through their property which are utilized for or serve other Lots, but each Owner shall have an easement in and to the aforesaid facilities as shall be necessary for the use, maintenance and enjoyment of his or her Lot.
ARTICLE XVII
GENERAL PROVISIONS
Section 1: Enforcement: The Association or any Owner shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Third Restated Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2: Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions that shall remain in full force and effect.
Section 3: Amendment: The covenants and restrictions of this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenants shall automatically be extended for successive periods of ten (10) years. The covenants and restrictions may be amended during the first twenty year period by an instrument signed by the President of the Association and a certificate by the Secretary of the Association that at a meeting called for the purpose of amending the covenants and restrictions, a quorum of fifty-two percent (52%) of the members of the Association were present and sixty-six and two-thirds percent (66-2/3%) of those voting either in person or by proxy approved said amendments. Further, the covenants and restrictions of this Declaration may be amended during the first twenty year period by an instrument signed by not less that sixty-six and two-thirds percent (66-2/3%) of the members of the Association, and after that period, with the consent of fifty-two percent (52%) of the members of the Association. Any amendment must be properly recorded in Tarrant County, Texas.
Section 4: Mergers and Consolidation: The Association may participate in mergers and consolidations with other non-profit corporations organized for the same purpose or annex additional residential property and Common Area, provided that any such merger, consolidation or annexation shall have the assent of two-thirds (2/3) of total voting Membership.
Section 5: Grammar: The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical or individuals, men or women, shall in all cases be assumed as though in each case fully expressed.
Section 6: Notices: All notices required to be given hereunder shall be deemed to have been delivered when deposited with the United States Postal Service, postage paid, certified mail, return receipt requested, addressed to the Owner at the street address assigned to his Lot by the governing body of the City of Arlington, Texas, or its delegate, or addressed to the Association Board of Directors at 2001 Oakwood Lane, Arlington, Texas 76012.
RANDOL MILL PARK GARDEN HOMES
HOMEOWNERS’ ASSOCIATION, INC.
A Texas nonprofit corporation
By: (Signature)
Printed Name:
Its: President
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on this _______ day of ______________,
2012, by ______________________________, President of Randol Mill Park Garden Homes
Homeowners’ Association, Inc., a Texas nonprofit corporation, for an on behalf of said entity.
______________________________
Notary Public, State of Texas
(Seal of Notary)
(iii)