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DCR Section C

THIS DECLARATION, made on the date hereinafter set forth by ROBERT RAYL, WILLIAM R. AIKEN, BEESON HOMES, INC., a Texas Corporation, DOLIVER PARK TOWNHOMES, LTD., a Texas Limited Partnership, and JACOB DANTUS, MARCOS DANA, NISSIM DJADDAH, ISAAC KARASIK and JOSE SIROTA, Co­Trustees, hereinafter together referred to as “Declarant”.

 W   I  T   N   E   S  S  E   T   H :

 

WHEREAS, Declarant is the owner of the real property described in Article III of this Declaration and desires to create thereon a residential townhouse community with designated “Lots” and  “Common Properties” and  “Common Facilities” (as those terms are defined herein) for the benefit of the present and future owners of said Lots; and

WHEREAS, Declarant desires to provide for the preservation of the values and amenities in  said  community and  for  the  maintenance of  said  Common Properties and Common Facilities, and, to this end, desires to subject the real property described in Article III, together with such additions as may hereafter be made thereto (as provided in Article Ill), to the scheme of the Declarations of Covenants and Restrictions covering Woodlake Forest IV, Sections “A” and “B”, and to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and

WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the values and amenities in said community, to delegate to an agency the powers of maintaining and administering the Common Properties and Common Facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and

NOW, THEREFORE, the Declarant declares that the real property described in Article III, and such additions thereto as may hereafter be made pursuant to Article III hereof, is and shall be held, transferred, sold, conveyed, occupied and enjoyed subject to the scheme of the said Declarations of Covenants and Restrictions covering Woodlake Forest IV, Sections “A” and “B”, and to the covenants, restrictions, easements, charges

and  liens  (sometimes  referred  to  herein  collectively  as  “covenants  and  restrictions”)

 

hereinafter set forth.

 

ARTICLE I

 

 Definitions 

 

The following words when used in this Declaration (unless the context shall prohibit)

 

shall have the following meanings:

 

(a)     “Association” shall mean and refer to Woodlake Forest IV Homeowners Association, Inc., a Texas Non­Profit Corporation organized under the laws of the State of Texas on May 11, 1973, its successors and assigns.

(b)      “Woodlake Forest IV Subdivision” shall mean and refer to Woodlake Forest IV, Section “C”, and all subsequent Sections of Woodlake Forest IV brought within the scheme of this Declaration.

(c)      “The Properties” shall mean and refer to the properties described in Article III hereof  and  additions  thereto,  which  are  subject  to  this  Declaration  and  any Supplemental Declaration.

(d)      “Subdivision Plat” shall mean and refer to the map or plat of Woodlake Forest IV Section “C” recorded in Volume 285, Page 87, of the Map Records of Harris County, Texas.

(e)      “Lot” and/or “Lots” shall mean and refer to the enumerated Lots comprising each of the eight (8) designated Tracts shown upon the Subdivision Plat. References herein to “the Lots (each Lot) in Woodlake Forest IV Subdivision” shall mean and refer to Lots as defined respectively in this Declaration and all Supplemental Declarations.

(f)      “Common Properties” shall mean and refer to all those areas of land within the Properties as  shown on  the  Subdivision Plat,  except the  Lots  and  the  streets not designated as Private Streets or Private Drives, together with such other property as the Association may, at any time or from time to time, acquire by purchase or otherwise, subject,   however,   to   the   easements,   limitations,   restrictions,   dedications   and reservations applicable thereto by virtue hereof, and/or by virtue of the Subdivision Plat, and/or by virtue of prior grants or dedications by Declarant or Declarant’s predecessors in title. References herein to the “Common Properties in Woodlake Forest IV Subdivision” shall mean and refer to Common Properties as defined respectively in this Declaration and all Supplemental Declarations.

(g)      “Common Facilities” shall  mean and  refer  to  all  existing and  subsequently provided improvements upon or within the Common Properties except those as may be expressly excluded herein. In some instances Common Facilities may consist of

improvements for the use and benefit of the Owners of all of the Lots constructed on portions of one or more Lots. By way of illustration, Common Facilities may include, but not necessarily be limited to, the following: structures for recreation, storage or protection  of  equipment;  fountains;  statuary;  sidewalks;  private  streets;  common driveways;  guest  parking  spaces;  landscaping,  force  main;  and  other  similar  or appurtenant improvements. References herein to “the Common Facilities (any Common Facility)  in  Woodlake  Forest  IV  Subdivision”  shall  mean  and  refer  to  Common Facilities as defined respectively in this Declaration and all Supplemental Declarations. (h)      “Supplemental Declaration” shall mean and refer to any Supplemental Declar­ ation of Covenants and Restrictions bringing additional property within the scheme of this Declaration under the authority provided in Article III hereof. References herein to provisions  contained  in  “all  (any)  Supplemental  Declarations”  shall  relate  to  the respective properties covered by such Supplemental Declarations.

(i)       “Townhouse” shall mean and refer to any single family residential unit situated upon a Lot or Lots.

(j)       “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot situated upon the Properties, but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to any mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceedings in lieu of foreclosure. References herein to “the Owners in Woodlake Forest IV Subdivision” shall mean and refer to Owners as defined respectively in this Declaration and all Supplemental Declarations.

(k)      “Member” shall mean and refer to all those Owners who are members of the Association as provided in Article IV, Section 4, hereof, together with all the Owners in Woodlake Forest IV Subdivision who are members of the Association as provided in

all Supplemental Declarations.

 

ARTICLE II

 

 Reservat ions,  Exceptions  and  Dedications 

 

 Section  1.  Existin g  Ease ments .  The  Subdivision Plat dedicates for  use as  such, subject to the limitations set forth therein, certain streets and easements shown thereon, and such  Subdivision  Plat  also  establishes  certain  dedications,  limitations,  reservations  and restrictions applicable to the Properties. Further, Declarant and  Declarant’s  predecessors in title have heretofore granted, created and dedicated, by several recorded instruments, certain other easements and related rights for public utility purposes  affecting the Properties. All dedications, limitations, reservations and restrictions

shown on the Subdivision Plat and all grants and dedications of easements and related rights heretofore made by Declarant and Declarant’s predecessors in title affecting the Properties are incorporated herein by reference and made a part of this Declaration for all purposes, as if fully set forth herein, and shall be construed as being adopted in each and every contract, deed or conveyance executed or to be executed by or on behalf of Declarant conveying any

part of the Properties.

 

 Section 2.  Chan ges and  Additions

 

Declarant reserves the right to make changes in and

 

additions to  the  above  easements for  the  purpose of  most efficiently and  economically installing the improvements.

 Section  3.  Title  to  Easement s  and  Appurte n ances  Not  Conveyed . Title to  any Lot conveyed by Declarant by contract, deed or other conveyance shall not be held or construed in any event to include the title to any roadways or any drainage, water, gas,  sewer, storm sewer, electric light, electric power, telegraph or telephone way or any pipes, lines, poles or conduits  on  or  in  any  utility  facility  or  appurtenance  thereto  constructed  by  or  under Declarant or its agents through, along or upon any Lot or any part thereof to serve said Lot, or any other portion of the Properties, and the right to maintain, repair,  sell or lease such appurtenances to any municipality, or other governmental agency or to  any public service corporation or to any other party is hereby expressly reserved in Declarant.

 Section  4.  Minor  Encroach ments . Each Lot and the property included in the Common Properties shall be subject to a perpetual easement for minor encroachments from adjoining Lots which are caused or created by unintentional error in construction, settling, shifting of soil, protrusions and overhangs, and a temporary easement for ingress and egress during and in connection with the maintenance and construction of Improvements on adjacent property.

 Section  5.  Installa tion  and  Maintena nce . There is hereby created an easement  upon, across, over and under all of the Properties for ingress and egress, installing,  replacing, repairing and maintaining all utilities, including, but not limited to, water, sewer, telephone, electricity, gas and appurtenances thereto. By virtue of this easement, it shall be  expressly permissible  for  the  utility  companies  and  other  entities  supplying service  to  affix  and maintain pipes,  wires,  conduits, service lines or  other  utility facilities or  appurtenances thereto, on, above, across and under the Properties. Notwithstanding anything to the contrary contained in  this  paragraph, no  sewer,  electrical lines,  water  lines,  or  other  utilities  or appurtenances thereto may be installed or relocated on the Properties  until approved by Declarant or the Association’s Board of Trustees.

 Section  6.  Guest  Par kin g  Sp aces  and  Sidew al ks

An easement is hereby granted upon

 

and across all portions of the Common Properties constructed for and utilized as  guest parking spaces, and upon and across all areas within four (4’) feet on either side of the center line of all portions of the Common Properties constructed for and utilized as sidewalks; provided, however, that such easement shall not cover any area included within the portion of a Lot on which is situated a Townhouse. Such easement shall be for the common use and benefit of all Members, and their guests or invitees, and their right to use the same for ingress and egress shall be had at all times, except as may be limited by the Board of Trustees of the Association. The Association shall have the right to remove or require the removal of any obstruction that may be placed in such easement that would constitute an interference with its intended use.

 Section  7.  Pri vate  Str eets  and  Drives .  The “Private Streets” and  “Private  Drives” situated in the Common Properties shall be construed to be an easement available  for the general use of the Members, and their guests and invitees, and for public ingress and egress for the benefit of the Lots to the extent required by applicable governmental regulations.

 Section 8.  Minor Curb  Li ne  Encroach ments . Each Lot and the property included in the Common Properties shall be subject to an easement for encroachment by the curb line of any Private Street or Drive situated in the Common Properties onto said Lots and/or  Common Properties to the extent and subject to the limitations hereinafter set forth. Said easement shall be up to one (1’) foot in width and shall be along and parallel to the outside boundaries of such Private Streets or Drives where such boundaries are common with the boundary lines of said Lots and/or Common Properties; provided, however, that such easement shall not cover any area included within the portion of a Lot on which is situated a Townhouse.

 Section  9.  E mer gency  an d  Ser vice  Vehicles . An easement is hereby granted  to all police, fire protection, ambulance and other emergency vehicles, and to garbage and  trash collection vehicles and other service vehicles to enter upon the Properties in the performance of their duties. Further, an easement is hereby granted to the Association, its officers, agents, employees and management personnel to enter the Properties to render any service.

 Section  10.  Su rface  Areas . The surface of easement areas for underground  utility services may be paved for streets, driveways and/or may be used for planting of shrubbery, frees, lawns or flowers. However, neither the Declarant nor any supplier of any  utility or service using any easement area shall be liable to any Owner or to the  Association for any damage done by them or either of them, or their respective agents,

employees, servants or assigns, to the pavement or to any of the aforesaid vegetation as a result of any activity relating to the construction, maintenance or repair of any facility in any

such easement area.

 

ARTICLE III

 

 Property Subjec t  to this  Declaration 

 

 Section  1.  Description . The real property which is, and shall be, held,  transferred, sold, conveyed and occupied subject to this Declaration is that certain 5.9530 acre tract of land out  of  the  John D. Taylor League, Abstract 72,  Harris County,  Texas,  which has heretofore been platted into that certain residential subdivision known as Woodlake Forest IV section “C”, according to the Subdivision Plat, or any subsequently recorded replat thereof, all of which real property is sometimes hereinafter referred to as the “Existing Property”.

 Section  2.  Mineral  Excepti on . There is hereby excepted from the Properties  and Declarant will hereafter except from all its sales and conveyances of the Properties, or any part thereof, including the Lots and the Common Properties, all oil, gas and other minerals in, on and under the Properties, but Declarant hereby waives, and will waive in each  such conveyance, its right to use the surface of such land for exploration for or development of oil, gas and other minerals; provided that Declarant hereby retains and reserves and in each such conveyance  will  retain  and  reserve  the  right  to  pool  such  land  with  other  lands  for development of oil, gas and other minerals and the right to drill under and  through the subsurface of such land below the depth of one hundred (100’) feet. Such exceptions and such retained rights and reservations shall inure to the benefit of Declarant,  its successors and assigns.

 Section 3.  Add itions to Exist in g Property . Additional lands may become subject to this

 

Declaration in the following manner:

 

(a)      Additions by Declarant. The Declarant, its successors and assigns, shall have the right to bring within the scheme of this Declaration additional properties in future stages of the development, upon the approval of the Board of Trustees of the Association, in its sole discretion. Any additions authorized under this and the succeeding subsection shall be made by filing of record a Supplemental Declaration of Covenants and Restrictions with respect to the additional property which shall extend the scheme of the covenants and restrictions of this Declaration to such property, and the execution thereof by the members of the Board of Trustees of the Association shall constitute all requisite evidence of the required approval thereof by such Board of Trustees. Such Supplemental Declaration may contain

such complementary additions and/or modifications of the covenants and restrictions contained in this Declaration as may be applicable to the additional lands.

(b)      Other  Additions.  Upon  the  approval  of  the  Board  of  Trustees  of  the Association, in its sole discretion, the owner of any property who desires to add it to the scheme of this Declaration and to subject it to the jurisdiction of the Association may file of record a Supplemental Declaration of Covenants and Restrictions upon the satisfaction of the conditions specified in subsection (a) above.

(c)      Mergers.  Upon  a  merger  or  consolidation of  the  Association with  another association, the Association’s properties, rights and obligations may be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association shall administer the covenants and restrictions established by this Declaration, together with the covenants and restrictions applicable to the properties of the other association as one scheme. No such merger or consolidation,  however,  shall  effect  any  revocation,  change  or  addition  to  the covenants established by this Declaration.

ARTICLE IV

 

 The  Association 

 

 Section  1.  Purpose . The purpose of the Association in general shall be to provide for and promote the health, safety and welfare of the Members, to collect the annual maintenance charges and special assessment and to administer the Maintenance Fund, to provide for the maintenance, repair, preservation, upkeep and protection of the Common  Properties and Facilities in Woodlake Forest IV Subdivision, and such other purposes as are stated in the Articles  of  Incorporation  consistent  with  the  provisions  of  this   Declaration  and  all Supplemental Declarations.

 Section  2.  Trustees . The Association shall act through a three (3) member Board of Trustees, which shall manage the affairs of the Association. Members shall elect Trustees as provided in the Bylaws.

 Section  3.  Me mbers . Each Owner, whether one or more persons or entities, of a Lot shall, upon and by virtue of becoming such Owner, automatically become a Member of the Association and shall remain a Member thereof until his ownership ceases for any reason, at which time his membership in the Association shall automatically cease. Membership in the Association shall be appurtenant to and shall automatically follow the legal ownership  of each Lot and may not be separated from such ownership. Whenever

the legal ownership of any Lot passes from one person to another, by whatever means, it

 

shall  not  be  necessary  that  any  instrument  provide  for  transfer  of  membership  in  the

 

Association, and no certificate of membership will be issued.

 

 Section  4.  Votin g  Ri ghts

 

Members shall be entitled to one (1) vote for each Lot in

 

Woodlake Forest IV Subdivision in which they hold the interests required for membership by this Declaration or any Supplemental Declaration. When more than one (1) person holds such interest or interests in any such Lot, all such persons shall be Members, and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any such Lot. The Declarant shall also be a Member and be  entitled to  one  (1)  vote for  each  Lot  in  Woodlake Forest  IV  Subdivision in  which Declarant  holds  the  interests  required  for   membership  by  this  Declaration  in  any Supplemental Declaration.

 Section 5.  Title to Co mmon Properties . The Declarant may retain the legal title to the Common Properties and Common Facilities in Woodlake Forest IV Subdivision until  such time as it has completed improvements thereon and until such time as, in the sole opinion of Declarant, the Association is able to operate and maintain the same. Until  title  to such Common Properties and  Facilities has  been  conveyed to  the  Association  by  Declarant, Declarant shall be entitled to exercise all rights and privileges relating to  such Common Properties  and  Facilities  granted  to  the  Association  herein  and  in  all   Supplemental

Declarations.

 

ARTICLE V

 

 Property Right s  in the Common  Properties 

 

 and Common  Facilities 

 

 Section 1.  Me mber s’ Ease ments of Enjo y ment . Subject to the provisions of Section 2 of this Article V, every Member shall have a common right and easement of enjoyment in and to the Common Properties and Common Facilities in Woodlake Forest IV Subdivision, and such right and easement shall be appurtenant to and shall pass with the title to each Lot in Woodlake Forest IV Subdivision.

 Section  2.  Extent  of  Me mbers’  Ease ments . The rights and easements of  enjoyment created hereby shall be subject to the following:

(a)   The right of the Association, in its discretion, to charge reasonable admission and other fees for the use of the recreational facilities located on the Common Properties in Woodlake Forest IV Subdivision and to make, publish and enforce reasonable rules and regulations governing the use and enjoyment of such Common Properties and Facilities or any part thereof, all of which reasonable rules and regulations shall be binding upon, complied with, and observed by each Member.

These rules and regulations may include provisions to govern and control the use of such  common  Properties  and  Facilities  by  guests  or  invitees  of  the  Members, including, without limitation, the number of guests or invitees who may use such Common Properties and Facilities or any part thereof at the same time; and

(b)   The right of the Association to grant or dedicate easements in, on, under or above such Common Properties or any part thereof to any public or governmental agency or authority or to any utility company for any service to Woodlake Forest IV Subdivision or any part thereof; and

(c)   The right of the Association to transfer title to any storm sewer line, sanitary sewer line, water line, or any other utility facility or equipment situated in any part of such Common Properties and owned by the Association to any public or political authority or  agency  or  to  any  utility  company rendering or  to  render  service  to Woodlake Forest IV Subdivision or any part thereof; and

(d)   The right of the Association to dedicate as public streets the Private Streets and Drives in such Common Properties, which are available for purposes of access to Woodlake Forest IV Subdivision by the public; and

(e)   The right of the Association to suspend the voting rights of a Member and his right to use any recreational facility on such Common Properties during the period he is in default in excess of thirty (30) days in the payment of any maintenance charge or special assessment against his Lot; and to suspend such rights for a period not to exceed sixty (60) days for any infractions of its published rules and regulations; the aforesaid rights of the Association shall not be exclusive, but shall be cumulative of and in addition to all other rights and remedies which the Association may have in this Declaration, in any Supplemental Declaration, in its Bylaws, or at law or in equity, on account of any such default or infraction; and

(f)    The rights and easements existing or hereinafter created in favor of others, as provided for in Article II hereof; and

(g)   The restrictions as to use of such Common Properties provided for in Article XII

 

hereof and in all Supplemental Declarations.

 

 Section   3.   Dele gation   of   Use .  Any  Member  may  delegate  his  right  of  use  and enjoyment of the Common Properties and Facilities in Woodlake Forest IV  Subdivision, together with all easement rights granted to Members in the Declaration and all Supplemental Declarations, to the members of his family, his tenants, or contract purchasers who reside on his Lot. The term “Member” is further defined administrators of any Member, and all other persons, firms or corporations acquiring or succeeding

to the title of the Member by sale, grant, will, foreclosure, execution or by any legal process, or by operation of law, o r in any other legal manner.

ARTICLE VI

 

 Regular  Annual  and  Special  Assess ments 

 

 Section  1.  The  Maintenance   Fund

 

All funds collected by the Association from the

 

regular annual maintenance charges and from special assessments as provided for in this Article, together with all funds collected by the Association from the regular annual maintenance charges and special assessments imposed on other Lots in Woodlake Forest IV Subdivision by all Supplemental Declarations, shall constitute and be known as the “Maintenance Fund”.  The  Maintenance Fund  shall  be  held,  used  and  expended  by  the Association for the common benefit of all members for the following purposes, to­wit:

To promote the health, safety, recreations welfare of the Members; to pay the expenses for the common services rendered for the common benefit of the Members; to pay the expenses of sanitary sewer services of the common recreational properties for Woodlake Forest IV Subdivision; to pay the expenses for water, gas, electricity, telephone, storm sewer service and  all  other  utilities  or  services  furnished  to  the  common  recreational  properties  in Woodlake Forest IV Subdivision or any of the improvements thereon, or any part thereof; to pay the expenses for the perpetual care, maintenance and repair of the private streets and drives;  to  pay  the  expenses  for  the  maintenance,  repair,  care,  upkeep,  beautification, protection, taxes, insurance, replacement, reconstruction, management, supervision and operation of or for the Common Properties in Woodlake Forest IV Subdivision, and the improvements thereof, or and part thereof, to pay for capital improvements to such Common Properties; to pay salaries of employees of the Associa­ tion; to pay all taxes and other public dues or charges which the Association shall be required to pay; and to pay all other charges, costs or expenses lawfully incurred by the Association; all of which charges, costs, taxes and expenses  to  be  incurred  or  paid  by  the  Association  are  sometimes  referred  to  in  the Declaration and Supplemental Declarations as the “Common Expenses of the Members”. The Association may from time to time, as the need may arise, borrow money to supplement the Maintenance Fund. Any funds to be borrowed by the Association for the Maintenance Fund shall have  the  approval of  at  least fifty­one (51%) percent of  the  then  Lot  Owners in Woodlake Forest IV, Sections A, B and C by written agreement. This Agreement shall be signed and acknowledged, and entered as a resolution in the Association’s records. The Association may in its sole discretion give one or more of the aforesaid purposes preference over other purposes, and all expenses incurred and expenditures and decisions made by the Association in good faith shall be binding and conclusive on all Members.

 Section  2.  Co venan t  for   Assess ments . Each and every Lot owned by  Declarant  is hereby severally subjected to and impressed with the following charges and assessments

which shall run with the land and shall be in the same and equal amounts for each Lot regardless of its size, value or cost, to­wit:

(a)    A regular annual maintenance charge or assessment in the amount of SIX HUNDRED FIFTY AND NO/100 ($650.00) DOLLARS per annum per Lot commencing ninety  (90)  days  after  the  issuance of  the  required City  of  Houston Building Permit, subject to the increase or decrease, and payable as provided in Section

4 of this Article; and

 

(b)   Regular annual maintenance charge or assessment in the amount of ONE HUNDRED FIFTY AND NO/100 ($150.00) DOLLARS per annum per Lot commencing upon the date hereof. Any subsequent transfers shall be subject to said charge or assessment and said charge or assessment is only applicable to unimproved Lots and shall be subject to subsection (a), above, upon start of construction.

(c)     Special assessments as provided for in Section 5, below.

 

Each owner of a lot subject to assessment as above provided, by his claim or assertion of ownership by accepting a deed to any such Lot, whether or not it shall be so expressed in such deed, is hereby conclusively deemed to covenant and agree, as a covenant running with the land, to pay to the Association, its successors or assigns, each and all of the charges and assessments against his Lot as the same shall become due and payable, without demand. The charges and assessments herein provided for shall be a charge and a continuing lien upon each Lot, together with all improvements thereon, as hereinafter more particularly stated. Each assessment, together with interest, costs and reasonable attorney’s fees shall also be the personal obligation of the person who is the owner of the Lot at the time the obligation to pay such assessments accrues, but no Member shall be liable personally for the payment of any assessment made or becoming due and payable after any regular or special assessment by waiver of the use or enjoyment of the Common Properties or Facilities in Woodlake Forest IV Subdivision or any part thereof or by abandonment of his Lot or his interest therein.

 Section  3.  Lot s  Owned  by  B uilders . It shall be the duty of each Builder  (whether Declarant  or  any  other  Owner)  to  notify  the  Association  at  the  time  of  the  start  of construction. The term “start of construction” as used herein shall mean the date a City of Houston Building Permit is issued for the construction of any single family residential unit. The Builder’s annual maintenance charge or special assessment shall be prorated from ninety (90) days after the start of construction until the Lot and Townhouse or

Patio Home is sold. It also shall be the duty of each Builder to notify the Association at the time a lot owned by a Builder is sold, whether or not any type of construction has taken place on said Lot. The term “Builder” for the purposes of this Declaration is defined as any person, firm, corporation or other entity who is engaged in the building of houses for sale or rental purposes, and not for his or its personal use or occupancy. Whenever a Lot owned by Declarant or Builder becomes subject to assessment as provided for in this Section, the Declarant or Builder will maintain all landscaping, sidewalks and drives on such Lot, until such time as that Lot and the improvements thereon are sold, and the purchaser pays his proportionate fee into the Association, such Lot being treated and assessed as any other Lot which is subject to assessment.

 Section  4.  The  An nual  Maintenance Char ge . The regular annual maintenance charge or assessment shall be due and payable to the Association annually, in advance,  and  without demand, on the first (1st) day of January of each calendar year; provided, however, that on the date of the purchase of his Lot (as evidenced by the date of his deed or his occupancy, whichever is earlier) each Member shall pay to the Association a prorata share of the regular annual maintenance charge which shall bear the same ratio of the full annual amount as the number of days which shall bear the same ratio of the full annual amount as the number of days remaining in the year of purchase bears to three hundred  sixty­five (365) days. The regular annual maintenance charge or assessment for Builders  as  hereinabove described in Article VI, Section 3, shall be due and payable to the  Association monthly, in advance, without demand, on the first (1st) day of each calendar month. After ninety (90) days from the start of construction the Builders shall pay an amount which s hall bear the same ratio to the full monthly amount as the number of days remaining in the month that is ninety (90) days after the start of construction bears to thirty (30) days.

The Board of Trustees of the Association may decrease or increase the amount of the regular annual maintenance charge or assessment provided for herein at any time and from time to time by the adoption of a resolution increasing the regular annual maintenance charge assessment shall become effective prior to the expiration of ninety (90) days from date of its adoption, and the Owner of each lot subject to such assessment shall, within thirty (30) days from such effective date, pay to the Association the proportionate part of such increase for the balance of the year in which such resolution is adopted; provided however, that no resolution of the Board of Trustees which fixes the amount of the regular annual maintenance charge or assessment in excess of one hundred twenty­five (125%) percent of the then existing annual maintenance charge or assess­ment shall become effective unless and until such resolution is ratified either (i) by the

written assent of the Members of the Association who in the aggregate then own at least fifty­ one (51%) percent of the Lots which are then subject to the annual maintenance charge or assessment, if no meeting of the membership is held for ratification, or (ii) by the assent of fifty­one (51%) percent of the votes of the Members of the Association who are present and voting in person or by proxy at a special meeting of the membership of the Association called for this purpose and at which a quorum is present. The written assent or the vote of the Members must be given prior to the effective date of the resolution of the Board of Trustees. No increase in the annual maintenance charge or assessment shall take effect retroactively. The  Board of  Trustees  may  decrease the  amount  of  the  annual  maintenance charge  or assessment without ratification by or assent of the Members of the Association.

If any resolution of the Board of Trustees which requires ratification by the assent of the Members of the Association as above provided shall fail to be so ratified, then the amount of the regular annual maintenance charge or assessment last in effect shall continue in effect until duly changed in accordance with the above provisions.

 Section 5.  Special  Assess ments . The Board of Trustees of the Association, from time to time by the adoption of a resolution for  such purpose, subject to ratification by  the Members of the Association as hereinafter provided, may levy and impose, against each Lot which is  subject to  the  annual  maintenance charge, a  special assessment for  a  specific amount, which shall be equal for each such Lot, for the purpose of purchasing equipment or facilities for the Common Properties in Woodlake Forest IV Subdivision and/or for defraying in  whole  or  in  part  the  cost  of  constructing  new  capital  improve­ments   or  altering, remodeling, restoring or reconstructing previously existing capital improvements upon such Common  Properties,  including  fixtures  and  personal  property  related  thereto;  provided, however, that before any such resolution shall become effective it shall be ratified either (i) by the assent in writing of the Members of the Association who in the aggregate then own at least seventy­five (75%) percent of the votes of the Members of  the Association who are present and voting in person or by proxy at a special meeting of the membership called for this purpose at which a quorum is present. The Owner of each Lot subject to such assessment shall pay his special assessment to the Association at such time or times and in such manner as provided in such resolution.

 Section  6.  Quoru m  for  any  Action  Author iz ed  Under  Sections  4  or  5 . The  Quorum required for any action authorized by Section 4 or Section 5 hereof shall be as follows:

At the first meeting called, as provided in Section 4 and Section 5 hereof, the presence at the meeting of Members, or of proxies, entitled to cast sixty

(60%) percent of all votes of the membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called and the required quorum at any such subsequent meeting shall be one­half (1/2) the required quorum at the preceding meeting, provided that such reduced quorum requirement shall not be applicable to any such subsequent meeting held more than sixty (60) days following the preceding meeting.

 Section  7.  Liens  to  Secure  Assess ments . The regular annual maintenance  charges  or assessments, and the special assessments, as herein above provided for, shall each constitute and be secured by a separate and valid and subsisting lien, hereby created and  fixed, and which shall exist upon and against each Lot and all improvements thereon, for the benefit of the Association and all Members. Subject to the condition that the Association  be  made a party to any Court proceeding to enforce any lien hereinafter deemed to be superior, the liens created  hereby  shall  be  subordinate  and  inferior  to  (a)  all  liens  for  taxes  or  special assessments levied by the City, County and State governments, or any political subdivision or special district thereof, and (b) all liens securing amounts due or to become due under any mortgage, vendor’s lien or deed of trust filed for record prior to the date payment of any such charges or assessments become due and payable, and (c) all liens, including but not limited to vendor’s liens, deeds of trust and other security instruments, which secure any loan made by any lender to an Owner for any part of the purchase price  of any Lot when the same is purchased from a Builder or for any part of the cost of constructing, repairing, adding to or remodeling the Townhouse situated on the Lot. Any  foreclosure of any such superior lien under the power of sale of any mortgage, deed of  trust or other security instrument, or through court proceedings in which the Association has been made a party, shall cut off and extinguish the liens securing maintenance charges  or assessments which became due and payable prior to such foreclosure date, but no such foreclosure shall free any Lot from the liens securing assessments thereafter becoming due and payable, nor shall the liability of any Member personally obligated to pay maintenance charges or assessments which became due prior to such foreclosure be extinguished by any foreclosure.

 Section  8.   Effect  of   Nonpayment  of   Assess ment .  If  any  regular annual  charge  or assessment, or if any special assessment, is not paid within thirty (30) days from the due date thereof, the same shall bear interest from the due date until paid at the highest interest rate allowed under the laws of the State of Texas, and if placed in the hands of an attorney for collection, or if suit is brought thereon, or if collected through probate or  other judicial proceedings, there shall be paid to the Association an additional

reasonable amount, but not less than ten (10%) percent of the amount owing, as attorney’s fees. The Association, as a common expense of all Members, may institute and maintain an action at law or in equity against any defaulting Member to enforce collection and/or for foreclosure of the liens against his Lot. AU such actions may be instituted and brought in the name of the Association and may be maintained and prosecuted by the Association in a like manner as an action to foreclose the lien of a mortgage or deed of trust on real property.

 Section  9.  Collection and  En force ment . Each Member, by his assertion of title or claim of ownership or by his acceptance of a deed to a Lot, whether or not it shall be so recited in such deed, shall be conclusively deemed to have expressly vested in the Association, and in its officers and agents, the right, power and authority to take all action which the Association shall  deem  proper  for  the  collection  of  assessments,  regular  or  special,  and/or  for  the enforcement and foreclosure of the liens securing the same.

ARTICLE VII

 

 Community Se r vices Char ge 

 

The charge and assessment set out in this Article is, and shall be paid, in addition to the annual maintenance charge and special assessments provided for in the foregoing Article.

The Properties are a part of the greater community development known as “WOODLAKE FOREST”, and have been heretofore subjected to the “Community Services Charge” provided for in that certain instrument dated August 17, 1971, executed by Friendswood Development Company and recorded in Volume 8558, Page 417 of the Deed Records of Harris County, Texas, which instrument is fully incorporated herein and made a part hereof $or all purposes by reference to the record thereof. Whereas, the annual Community Service Charge was reduced from $100.00 per single family residential living unit to an annual charge of $35.00 per single family residential living unit originally set out in the document herein above referred to and was amended by that certain instrument dated December 8, 1972, executed by Woodlake Forest Community Association, Inc., and recorded under Documentary File No. D757758 in the Official Public Records of Real Property of Harris County, Texas, which instrument is fully incorporated herein and made a part hereof for all purposes by reference to the record thereof. Such charge was subsequently increased to be $52.40 per single family residential living unit. Such Community Services Charge, as more  particularly  described  in  said  instruments,  was  established  in  order  to  provide  a common fund, known as the “Community Services Fund”, to be applied toward the common good of the several areas comprising WOODLAKE FOREST making payments into such fund. The particular purposes for

which such Community Services Fund may be used are set out in the above referenced Instrument. In general, however, the fund is to be used to render constructive civic service, to promote the social welfare, and to promote and provide educational and recreational services and facilities to the residents and owners of property in WOODLAKE FOREST subject to the Community Services Charge.

Accordingly, it is covenanted and agreed that each Lot in the Properties upon which a Townhouse has been built and sold by a Builder and each Lot so improved which the Builder thereof elects to retain for rental purposes is hereby subjected to said annual Community Services Charge in the initial amount of $52.40 per year, subject to adjustment as provided in the referenced instrument. This charge and assessment against each such Lot shall constitute and be secured by a lien thereon as provided for in such referenced instrument.

The owner of each Lot subjected thereto shall pay the annual Community Services Charge to WOODLAKE FOREST COMMUNITY ASSOCIATION, INC., a Texas non­profit corporation, annually in advance of the first day of January of each calendar year, except that from and after the date the Builder conveys a Lot with a Townhouse thereon to a purchaser and from and after the date of completion of a Townhouse on a Lot which the Builder elects to retain for rental purposes, the then purchaser or Owner of such Lot shall pay that fractional part of the annual Community Services Charge derived by multiplying the annual Community Services Charge by a fraction, the numerator of which shall be the number of months between the first day of the calendar month next following said conveyance or completion and the next succeeding first day of January and the denominator of which shall be twelve (12).

The Community Services Fund shall be administered by said WOODLAKE FOREST COMMUNITY ASSOCIATION, INC., which has jurisdiction over and will serve the greater community development known as “WOODLAKE FOREST”, in accordance with the provisions of the referenced instrument creating such fund, and in the event of any conflict between any portion of this Article and any portion of said instrument, the latter shall govern

and control.

 

ARTICLE VIII

 

 Architect ural  Control 

 

The Properties are part of a greater community development commonly known as “WOODLAKE FOREST”. The overall plan for the development of the several areas or elements which make up and are collectively commonly known as “WOODLAKE FOREST” contemplates centralization of architectural control to enhance, insure and protect the attractiveness, beauty and desirability of the area as a whole, while at the

same time permitting compatible distinctiveness of the individual developments within the greater  area.  For  this  purpose  the  “Woodlake Forest  Architectural Review  Board”  (the “Review Board”) has been established, consisting of three (3) members appointed by the Board of Trustees of WOODLAKE FOREST COMMUNITY ASSOCIATION, INC.

All construction and development in the Properties shall be subject to the approval of the Review Board, and no building, structure or other improvements, including but not limited to Townhouses, exterior painting, and facilities of the Common Properties, shall be commenced, erected, constructed or placed upon the Properties, and no changes or alterations shall be made to any building or improvements hereafter constructed or placed thereon, unless and until the plans and specifications therefor (specifying, in such form as the Review Board may reasonably require, structural, mechanical, electrical and plumbing detail and the nature, kind, shape, height, exterior color scheme, materials and location of the proposed improvements or alterations thereto, together with site landscaping and grading plans, and plans for offstreet parking of vehicles) have been first submitted to and approved in writing by  the  Review  Board  as  to  minimum  structural  and  mechanical  standards,  quality  of materials, harmony of exterior design and colors with existing structures, and location and situation on the Lot with respect to topography, finished ground elevation, property and building lines, easements, walks and parking spaces. Any and all plans and specifications which have not been expressly disapproved within thirty (30) days after date of submission shall for all purposes be deemed to have been approved.

The Review Board shall have full power and authority to reject any plans and specifications that do not comply with the restrictions herein imposed or meet its minimum construction requirements or architectural design requirements or that might not be compatible, in the sole discretion of the Review Board, with the design or overall character and aesthetics of the Properties and/or “WOODLAKE FOREST”.

In the event the Review Board shall cease to function as such at any time with respect to the Properties, or if it shall be dissolved, then the duties, powers and authority of the Review Board, insofar as construction in or development of the Properties is concerned, shall become vested in and exercised by an Architectural Control Committee to be composed of the Trustees of the Association or such person or persons as the Trustees may appoint and

designate to act for them in this regard.

 

ARTICLE IX

 

 Utilities 

 

 Section   1.   Electric   Ser vice .  An  underground  electric  distribution  system  will  be installed within Woodlake Forest 1V Subdivision, which will be designated an Underground

Residential Subdivision, and  which  underground service  area  shall  embrace  all  Lots  in Woodlake Forest IV Subdivision. The Owner of each Lot in the Underground Residential Subdivision shall, at his own cost, furnish, install, own and maintain (all in accordance with the requirements of local governing authorities and the National Electrical Code) the underground service  cable  and  appurtenances from the  point  of  the  electric  company’s metering on the customer’s structure to the point of attachment at such company’s installed transformers or energized secondary junction boxes, such point of attachment to be made available by the electric company at a point designated by such company. The electric company furnishing service shall make the necessary connections at said point of attachment and at the meter. In addition, the Owner of each Lot shall, at his own cost, furnish, install, own and maintain a meter loop (in accordance with the then current standards and specifications of the electric company furnishing service) for the location and installation of the meter of such electric company for the Townhouse constructed on such Owner’s Lot. For as long as underground service is maintained in the Underground Residential Subdivision the electric service to each Lot therein shall be underground, uniform in character and exclusively of the type known as single phase 120/240 volt, three (3) wire, sixty (60) cycle alternating current.

 Section  2.  Water  Ser vice . Water service to the Properties shall be provided by the City of Houston, Texas, by way of water mains to be owned, operated, maintained and repaired by the City, and to the individual Lots and the Common Properties by way of distribution lines to be owned, operated, maintained and repaired by the Association  between the point of connection to the city water mains and the point where the pipe penetrates the property line of each Lot. The Owner of each Lot shall, at his own costs, be responsible to maintain and repair water lines from his residence to the gathering sewer main located in the easements.

 Section 3.  Sanitary Sewer Ser vice . Sanitary Sewer service shall be provided to each Lot and  to  the  Common Properties by  means  of  sanitary  sewer  collection lines  within  the Properties to be owned, operated, maintained and repaired by the Association, and  which shall connect to the main sanitary sewer lines of the City of Houston, Texas. It shall be the responsibility of each Owner to maintain and repair the portion of the sanitary  sewer line which is situated on his Lot.

 Section  4.  Natural  Gas  Ser vice . Natural gas service shall be provided to each Lot and the Common Properties by a natural gas company through gas lines in utility easements to be owned, operated, maintained and repaired by such company. The Association shall have the power and authority to grant such other easements in, under,

upon and over the Common Properties as the gas company may require to furnish gas service. The Association shall have no responsibility for maintenance of any gas lines.

 Section  5.  Telephone  Ser vice . Telephone Service shall be available to each Lot and the Common Properties by way of underground cables which shall be installed, owned  and maintained by the telephone company. The Association shall be authorized and empowered to grant such specific easements, in, under, on or above the Common  Properties as the telephone company may require to furnish such service. The telephone connections shall be installed at the end of each tract and any conduit or other material required by the telephone company for installation in the house shall be the responsibility of the Builder and/or owner of the Lots that build on each Lot.

 Section  6.  Stor m  Sewers . Storm sewers in the Common Properties for the drainage of surface waters shall be owned, operated, maintained and repaired by the Association.

ARTICLE X

 

 Utility Bills, Taxes and  Insurance 

 

 Section 1.  Obli gation of the  Owners .

 

(a)    Each Owner shall have his separate electric and gas meter and shall directly pay at his own cost and expense for all electricity, gas, telephone service, water and other utilities used or consumed by him on his Lot.

(b)    Each Owner shall directly render for taxation his own Lot and improvements thereon, and shall at his own cost and expense directly pay all taxes levied or assessed against or upon his Lot and his improvements and property thereon.

(c)    Each Owner shall be  responsible at  his  own cost and  expense  for  his  own proper1ty insurance on his Townhouse and contents thereof, and his additions and improvements thereto, including decorations, furnishings and personal property therein; and also for his personal liability not covered by liability insurance for all Owners which  may  be  obtained  by  the  Association  as  part  of  the  common  expense  in connection with the Common Properties.

 Section 2.  Obli gation of the  Association .

 

(a)    The Association shall pay as a common expense of all Owners for all water, gas, electricity and other utilities used in connection with the enjoyment and operation of the Common Properties and Facilities in Woodlake Forest IV Sub­division, or any part thereof.

(b)    The Association shall render for taxation and, as part of the common expenses of all Owners, shall pay all  taxes levied or assessed against or upon such Common Properties and the improvements and the property appertaining thereto.

(c)    The  Association  shall  have  authority  to  obtain  and  continue  in  effect  as  a common expense of all Owners, a blanket property insurance policy or policies to insure the buildings and structures on such Common Properties and the contents thereof and the Association against risks of loss or damage by fire and other hazards as are covered under standard extended coverage provisions, in such limits as the Association deems proper, and said insurance may include coverage against vandalism and such other coverage as the Association may deem desirable. The Association shall also have authority to obtain comprehensive public liability insurance in such limits as it shall deem desirable, insuring the Association, its Board of Trustees, agents and employees and each Owner (if coverage for Owners is available) from and against liability in connection with such Common Properties.

(d)    All costs, charges and premiums for all utility bills, taxes and any insurance to be paid by the Association as hereinabove provided shall be paid out of the Maintenance Fund as a common expense of all Owners.

ARTICLE XI

 

 Maintenance and  Repairs 

 

 Section  1.  By  the  Owners . It shall be the duty, responsibility and obligation of  each Owner at his own cost and expense to care for, maintain and repair the exterior and interior of his Townhouse and improvements on his Lot and the fixtures, appliances,  equipment and other appurtenances thereto, and also the private driveway and any sidewalks on the Common Properties which are appurtenant to his Townhouse.

The Association shall have no duty or obligation to any Owner in this regard.

 

 Section  2.  By  the  Association . The Association, as a common expense of all Owners, shall perpetually care for, maintain and keep in good repair the Common  Properties and Facilities in Woodlake Forest IV Subdivision and all parts thereof, including but not limited to, the Private Streets and Drives, landscaping, lawns, parking areas,  buildings and other improvements and the utility facilities owned by the Association, except that it shall be the obligation of each Owner, and not the obligation of the Association, to pay for the cost of repair and maintenance of the private driveway and any sidewalks on the Common Properties which are appurtenant to his Townhouse.

ARTICLE XII

 

 Buildin g and Use  Restrictions 

 

 Section  1.  Residence  B uildin gs  and  Gara ges . No building or other structure  shall be built,  placed, constructed, reconstructed or  altered on  any  Lot  other  than single  family residence houses (Townhouses) which shall not exceed three (3) stories in height, or contain less than twelve hundred (1,200) square feet of living area exclusive of open or

screened porches, terraces, patios, driveways and garages. Each Townhouse shall have a garage or carport on the Lot accommodating at least two (2) cars. No such garage shall ever be changed, altered, reconstructed or otherwise converted for any purpose inconsistent with the garaging of automobiles. All Owners, their families, tenants and contract purchasers shall to the greatest extent practicable utilize such garages for the garaging of vehicles belonging to them and shall not park such vehicles on the Private Streets and Drives, or in the guest parking spaces.

 Section  2.  Townhouse  or  Patio  Ho me  Desi gn . The Townhouses or Patio Homes to be built on the Lots shall be of the townhouse or patio design and shall be  constructed as attached Townhouses or Patio Homes or in such manner as will create the  appearance of

8ttached Townhouses or Patio Homes, which must be approved by the  Trustees of  the Property Owners’ Association. If party walls are used, they shall be subject to the provisions of the following Section. If party walls are not used, then the exterior of the side walls shall be one (1”) inch from the dividing line between Lots, and to create the appearance of attached or row houses the two (2”) inch space between Townhouses or Patio Homes at the front and rear elevations shall be caulked or sealed with suitable material so that there shall be no visible open space between Townhouses or Patio Homes, and the space between roof lines or the roof line of one (1) Townhouse or Patio Home and the wall of another shall be capped with flashing material, or otherwise covered in accordance with good construction practices, to prevent rain from falling between Townhouses or Patio Homes.

 Section  3.  Walls  Separati n g  Residential  Units. 

 

A.  Party  Walls . Party walls as part of the original construction shall in all cases meet the requirements of the City of Houston Building Code and other applicable ordinances, rules or regulations of the City of Houston, or any of its departments. All party walls shall also have the written approval of the Architectural Control Committee of the Association.  Each party wall shall be placed on the dividing line between Lots, and to the extent not inconsistent with any of the provisions hereof, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. If a wall which is intended as a party wall through construction error is situated wholly on one (1) Lot instead of on the dividing line between Lots, such wall shall nevertheless be deemed a party wall for joint use by adjoining Lot Owners. Reciprocal easements are hereby created and shall exist upon and in favor of Owners of adjoining Lots for the maintenance, repair and reconstruction of party walls and the foundation footings,  piers and beams supporting the same. Each

Owner sharing a party wall shall also be deemed to covenant and agree and shall be bound as follows:

1.      The cost of usual, ordinary and reasonable repairs and maintenance of a party wall shall be equally shared by the Owners who make use of such wall. Where a wall meets City Building Code requirements is situated solely on the property deeded to the Owner, then the wall shall be deemed owned exclusively by the deed holder, and it shall be his sole responsibility for maintenance and repairs. When a wall is in need of repair or replacement, whether it be a party wall or a wall owned exclusively by a deed holder, then the adjoining Lot Owner shall automatically allow an easement of no less that three (3’) feet, if possible, from the joint property line for repairs, maintenance or replacement of said walls.

2.      If a party wall is destroyed or damaged by or as a result of any force, act, event or occurrence which is not caused or brought about by the negligence of any Owner sharing such party wall, or if cause is brought about by the negligence of both, then either Owner who has used the party wall may restore it and the adjoining Owner shall contribute one­half (1/2) the cost of such restoration. However, if a party wall is destroyed or damaged as a result of any negligent act or omission on the part of one (1) and not the other Owner sharing such party wall, then either Owner may restore such party wall and the Owner at fault shall pay or contribute the whole cost of such restoration.

3.      Notwithstanding any other provisions of this Section, an Owner who by his negligence or willful act causes a party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.

4.      The right of any Owner to contribution from any adjoining Owner under this Section shall be appurtenant to the land and shall pass to such Owner’s successors in title.

5.      In the event any dispute arises concerning a party wall, or under the provisions of this Section, the same shall be resolved and settled through the process of arbitration. Each party to the dispute shall choose one (1) arbitrator and the two (2) arbitrators so chosen shall choose a third arbitrator, and the decision of a majority of the arbitrators shall  resolve  and  settle  the  dispute,  and  shall  be  binding upon  all  parties  to  the arbitration. Should any party refuse to choose an arbitrator within ten (10) days after written request  therefor, the  Board of  Trustees of  the  Association shall  select an arbitrator for the refusing party.

B.  Zero  Lot  Line  Wall . Zero lot line wails as a part of the original construction shall in all cases meet the requirements of the City of Houston Building Code and other

applicable ordinances, rules or regulations of the City of Houston, or any of its departments. All  zero  lot  line  walls  shall  also  have  written  approval  of  the  Architectural  Control Committee of the Association. Each zero lot line wall shall be placed on the zero lot line of adjoining Lots and its ownership as well as its responsibility for repair and maintenance shall be  assigned to  a  patio home unit upon approval of  plans by  the  Architectural Control Committee. To the extent not inconsistent with any of the provisions hereof, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply to zero lot line walls. The rights of ingress and egress are hereby created and shall exist upon and in favor of the Owner of the zero lot line wall for the maintenance, repair and reconstruction of said wall or the foundation, footings, piers and beams supporting same. Each owner of a zero lot line wall shall also be deemed to covenant and agree and shall be bound as follows:

1.      Cost of usual, ordinary and reasonable repairs and maintenance of a zero lot line wall shall be the responsibility of the Owner assigned said wall. When a wall is in need of repair or replacement, then the adjoining Lot Owner shall automatically allow an easement of  no  less  than  three  (3’)  feet  from the  joint  property  line  for  repairs, maintenance or replacement of said wall. This easement creates the right of ingress and egress for the then wall Owner upon the property of the adjacent Lot Owner.

2.      If a zero lot line wall is destroyed or damaged by or as a result of any force, act, event or occurrence which is not caused or brought about by the negligence of any Owner adjacent to such wall, or if caused and brought about by the negligence of both, then the Owner of said wall shall restore it.

 Section  4.  Residential  Use . Each Lot (including land and improvements) shall be used and occupied for single family residential purposes only. No Owner or other occupant shall use or occupy his Lot, or permit the same or any part thereof to be used or occupied, for any purpose other than as a private single family residence for the Owner or his tenant and their families. No Lot shall be used or occupied for any business, commercial, trade or professional purpose either apart from or in connection with the use thereof as a residence, whether for profit or not.

 Section  5.  Te mporar y  and  Other  Structures . No structure of a temporary  character, trailer, mobile or motor home, modular home, tent, shack, barn or any other  structure or building, other than the Townhouse residence to be built thereon, shall be placed on any Lot, either temporarily or permanently, and no residence house shall be moved upon any Lot from another location; except, however, that during the construc­

tion and sales period of the Townhouses, a Builder may, upon obtaining permission of and on conditions specified by the Review Board, erect and maintain such temporary structures on any Lot as is customary in connection with the construction and sale of houses, including, without limitation, a temporary office building, storage area, signs and sales office. A Builder shall also have the temporary right to use a Townhouse as a temporary office or model home during the period of and in connection with his construction and sales operations in the Properties, but in no event for more than a period of one (1) year from the date of substantial

completion of his last Townhouse in the Properties.

 

 Section  6.  Pri vate  Dri veways  and  Sidew al ks

 

At the time a Townhouse is constructed,

 

the Builder shall also construct, at no cost or expense to the Association, a driveway of sufficient width to accommodate at least two (2) cars to serve such Townhouse. The driveway shall extend from the dwelling across the Common Properties to the street or drive. All driveways shall have a concrete finish. If the plans and specifications provide for and the Review Board approves any sidewalk, the same shall also be constructed, at no cost or expense to the Association, at the time the Townhouse is constructed, and all such sidewalks shall also have a concrete finish. Such driveway, and any such sidewalks, shall be repaired and maintained at the sole cost and expense of the Owner of the Townhouse to which such driveway and any such sidewalk are appurtenant. An easement over and across the Common Properties is hereby created and established for the use, construction, repair and maintenance of such driveway and any such sidewalks.

 Section  7.  Antennas . Outside TV­FM antennas shall be allowed; however, no antenna shall be erected as a free­standing structure. All antennas must be attached to the Townhouse and be erected so as to minimize their view from the street side of the  Townhouse. Short wave and/or other radio antennas shall not be installed or constructed within the Properties.

 Section   8.   Fences .  All  fences  must  be  approved  by  the  Review  Board  prior  to installation and thereafter maintained in a neat and presentable manner at all times.

 Section  9.  Particular  Landscapi n g. At the time a Townhouse is constructed, the Builder shall, at no cost or expense to the Association, also landscape the open area  between the dwelling  and  the  adjacent  street,  exclusive  of  driveway  and  sidewalk   surfaces.  This landscaping shall conform to the overall landscape scheme for the  Properties, and upon completion of such landscaping it shall thereafter be cared for and maintained by the Builder or Owner until such time as it is sold and occupied by a Purchaser. The Association is hereby granted an easement for the purpose of caring for

and maintaining the portion of such landscaped area within any Lot between the Townhouse and the Common Properties on the street side of each Lot.

 Section  10.  Nuisance . No noxious or offensive activity shall be carried on or permitted upon any Lot or upon the Common Properties, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood or to other Owners. The Board of Trustees of the Association shall have the sole and exclusive discretion to determine what constitutes a nuisance or annoyance. No repair work, dismantling or  assembling of motor vehicles or other machinery or equipment shall be done or permitted on any street, driveway

or other portion of the Common Properties.

 

 Section 11.  Si gns

 

No sign of any kind shall be displayed to the public view on any Lot

 

or the Common Properties except as follows:

 

(a)    Builders may display one (1) sign of not more than six (6) square feet on any unimproved or improved Lot to advertise the Lot and any Townhouse situated thereon for the sale during the construction and/or sales period.

(b)    No sign of any kind may be displayed or suffered to be displayed to public view on any Lot by any Owner unless and until the size, shape and subject matter thereof shall have been approved in writing by the Board of Trustees, which shall have the sole discretion to approve or disapprove the display of any such sign. The Association shall have the right to remove any sign, billboard or other advertising structure or device which is placed on any Lot in violation of this Section and to recover all costs of such removal from the responsible party. The Association shall not be subject to any liability or claim for trespass or other tort in connection with or arising from such removal.

 Section  12.  Ani mals . No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot or on any portion of the Common Properties, except that dogs,  cats or other common household pets (not to exceed three [3] adult animals) may be kept, but they shall not be bred or kept for commercial purposes.

 Section  13.  Re mo val  of  Di rt . The digging of dirt or the removal of any dirt from any Lot or from any portion of the Common Properties is prohibited, except as  necessary in conjunction with landscaping or construction of improvements thereon.

 Section 14.  Garba ge  and  Refuse Disposal . All Lots and the Common Properties shall at all times be kept in a healthful, sanitary and attractive condition. No Lot or any part of the Common Properties shall be used or maintained as a dumping ground for garbage,  trash, rubbish or other waste matter. All trash, garbage or waste matter shall be kept in adequate containers with tightly fitting lids, which shall be maintained in a clean and sanitary condition and screened from public view. There is hereby reserved in

favor of the Association the determination of the method of garbage disposal, that is whether it shall be through public authority or through private garbage disposal service. No garbage, trash, rubbish, debris or other waste matter of any kind shall be burned on any Lot.

 Section  15.  Par kin g  Areas . The portions of the Common Properties designated  for parking of  vehicles are  for the temporary use of Owners and  their guests, visitors  and invitees. No boat, trailer, camper, motor home or mobile home shall be parked on any such parking area or other portion of the Common Properties.

 Section 16.  Use  of Co mmon Propert ies . There shall be no obstruction of any part of the Common Properties, which are intended to remain unobstructed for the reasonable use and enjoyment thereof, nor shall anything be done or kept on the Common  Properties  which would increase the rates or result in the cancellation of any insurance relating to the Common Properties  or  any  part  thereof.  No  Owner  shall  appropriate  any  part  of  the  Common Properties  to  his  exclusive  use,  except  for  the  required  and/or  approved  driveways  or sidewalks thereon which are appurtenant to his Townhouse, nor shall any Owner do anything which would violate the easements, rights and privileges of any  Owner in regard to any portion of the Common Properties which is intended for the common use and benefit of all Owners. Except as may be herein required or permitted, no Member shall plant, place, fix, install or construct any vegetation, hedge, tree, shrub, fence, wall, structure or improvement or store any of his personal property on the Common Properties or any part thereof without the written consent of the Association first obtained. The Association shall have the right to remove anything placed on the Common Properties  in violation of the provisions of this Section and to recover the cost of such removal from the party responsible.

 Section  17.  Clothes  Dryin g. Open air drying of clothes shall be confined to individual patios on the Owner’s or resident’s Lot and must be kept screened by adequate planting or

fencing so as not to be visible from adjoining Lots or other portions of the Properties.

 

 Section   18.   Sept ic   Tanks

 

No  privy,  cesspool  or  septic  tank  shall  be  placed  or

 

maintained upon or in any Lot or other portion of the Properties.

 

 Section  19.  Co mbinin g  Lots  or  Por tions  of  Lots

 

Any person owning two (2) or more

 

adjoining Lots, or portions of two (2) or more such Lots, may with the prior approval of the Association and the Review Board consolidate such Lots or portions thereof into a single building location for the purpose of constructing one (1) Townhouse (the plans and specifications therefor being approved as hereinabove set forth) and such other improvements as are permitted herein, provided, however, that all Lots must be a

minimum of twenty­four (24’) feet in width. No Townhouse may be erected on less than one

(1) whole Lot, unless the prior written approval of the Association and the Review Board shall have been obtained.

 

 Section  20.  Nu mber  of   Units

 

The number of units to be constructed in Woodlake

 

Forest IV, Section “C”, shall not exceed fifty­one (51) dwelling units.

 

ARTICLE XIII

 

 General Provisio ns 

 

 Section  1.  Duration . The rights, use, easements and privileges of the Owners and all other easements in or to the Common Properties and all other terms, covenants,  conditions and provisions of this Declaration shall be deemed to be covenants running with the land and shall be of perpetual duration, except that:

(a)    The provision for Architectural Control set out in Article VIII above and the Building and Use Restrictions set out in Article XII above (excepting Section 16 which shall be of perpetual duration), and the provisions for the Maintenance Charge Assessments set out in Article VI above (other than in respect to the maintenance and repair of the Private Streets and Drives in which respect and for which purpose the maintenance charge shall be of perpetual duration), shall run with the land and be in effect for an initial term of thirty­five (35) years from the date this Declaration is filed for record, after which time they shall be automatically extended for successive periods of ten (10) years each unless within five (5) years prior to the expiration of the initial or any extended term the same are amended, changed or terminated in whole or in part by a written agreement signed, acknowledged and filed for record by the then Owners of at least seventy­five (75%) percent of the Lots in Woodlake Forest IV Subdivision, in which case such agreement shall take effect upon the expiration of the term then in effect, and

(b)    The provisions for the Community Service Charge set out in Article VII, above, shall run with the land and be in effect for the period of time provided for in said instrument recorded in Volume 8558, Page 417 of the Deed Records of Harris County, Texas, and the said instrument recorded under Documentary File No. D757758 in the Official Public Records of Real Property of Harris County, Texas, which is until July

20, 2000, and for successive ten (10) year periods of extension unless the Owners of the majority of the living units in WOODLAKE FOREST paying such charge vote to discontinue such charge.

 Section  2.  Enforce ment . The Association, as a common expense to be paid out of the Maintenance Fund, or any Owner at his own expense, shall have the right to enforce  by proceedings at law or in equity all restrictions, covenants, conditions, reservations,  liens, charges and assessments, and all other provisions set out in this Declaration.

Failure of the Association or of any Owner to take any action upon any breach or default of or in respect to any of the foregoing shall not be deemed a waiver of their right to take

enforcement action upon any subsequent breach or default.

 

 Section  3.  Amend ments  by  Declaran t

 

The Declarant shall have and reserves the right

 

at any time and from time to time, without the joinder or consent of any Owner or other person, but with the joinder of the Board of Trustees of the Association, to amend this Declaration by any instrument in writing duly signed, acknowledged and filed for record, for the purpose of correcting any typographical or grammatical error, ambiguity or inconsistency appearing in this Declaration, provided that any such amendment shall be consistent with and in  furtherance  of  the  general  plan  and  scheme  of  development  as  evidenced  by  this Declaration and shall not impair or affect the vested property or other rights of any Owner or his mortgagee.

 Section 4.  Int erpretation . If this Declaration or any word, clause, sentence, paragraph or other part thereof shall be susceptible of more than one (1) or conflicting interpretations, then the interpretation which is most nearly in accord with the general purposes and objectives of

this Declaration shall govern.

 

 Section 5.  O missions

 

If any punctuation, word, clause, sentence or provision necessary

 

to give meaning, validity or effect to any other word, clause, sentence or provision appearing in this Declaration shall be omitted herefrom then it is hereby declared that such omission was unintentional and that the omitted punctuation, word, clause, sentence or provisions shall be supplied by inference.

 Section  6.  Gender  and  Grammar . The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, male or female, shall in all cases be assumed as though in each case fully expressed.

 Section   7.   Se verability .  Invalidation  of  any  one  (1)  or  more  of  the   covenants, restrictions, conditions or provisions contained in this Declaration, or any part thereof, shall in no manner affect any of the other covenants, restrictions, conditions or provisions which

shall remain in full force and effect.

 

ARTICLE XIV

 

 Lienhol ders 

 

Benjamin Franklin Savings Association, First International Bank and Great Southern Bank, all with offices in Houston, Texas, the owner and holder of the only liens covering the Properties,  have  executed this  Declaration  to  evidence their  joinder  in,  consent  to  and ratification of the imposition of the foregoing covenants, conditions and restrictions.

ARTICLE XV

 

 Board  of  Trustees  Acceptance  and  Appro val 

 

The Board of Trustees of Woodlake Forest IV Homeowners Association, Inc., a Texas Non—Profit Corporation, has executed this Declaration to evidence its joinder in, consent to and ratification of the addition of the property described in Article III above to the scheme of the Declarations covering Sections “A” and “B” of Woodlake Forest IV Subdivision, and the subjection of said property to the jurisdiction of the Association. The Board of Trustees further agrees on behalf of the Association that the persons or entities who shall become Members of the Association by virtue of their ownership of Lots as described herein shall be entitled to all of the rights and privileges associated with the membership in the Association in and to all of the property under the jurisdiction of the Association upon the condition that each of such Members accepts such rights and privileges subject to this Declaration, the Declarations covering Sections “A” and “B” of Woodlake Forest IV Subdivision, and all of the  duties and  obligations of  Members in  the  Association as  imposed by  each  of  such Declarations.

IN WITNESS WHEREOF, the undersigned, being the Declarant herein, the Lien­ holders, and the Board of Trustees of the Association, have executed this Declaration to be effective the      5th     day of      Febr ua ry      , A. D., 1981.

“DECLARANT”

 

 

 

                 or i ginal  si gned  by  Ja cob  Dantus                    

JACOB DANTUS, CO­TRUSTEE

 

 

 

                 ori gi nal  si gned  by  Mar cos  Dana                     

MARCOS DANA, CO­TRUSTEE

 

 

 

                 ori gi nal  si gned  by  Ni ssi m  Dj addah                

NISSIM DJADDAH, CO­TRUSTEE

 

 

 

                 ori gi nal  si gned  by  Isa ac  Kar asi k                    

ISAAC KARASIK, CO­TRUSTEE

 

 

 

                 ori gi nal  si gned  by  Jose  Si r ota                        

JOSE SIROTA, CO­TRUSTEE

 

 

ATTEST:                                            BEESON HOMES, INC., A Texas Corporation

 

 

 

Secretary

By:                               

ARTICLE XV

 

 Board  of  Trustees  Acceptance  and  Appro val 

 

The Board of Trustees of Woodlake Forest IV Homeowners Association, Inc., a Texas Non—Profit Corporation, has executed this Declaration to evidence its joinder in, consent to and ratification of the addition of the property described in Article III above to the scheme of the Declarations covering Sections “A” and “B” of Woodlake Forest IV Subdivision, and the subjection of said property to the jurisdiction of the Association. The Board of Trustees further agrees on behalf of the Association that the persons or entities who shall become Members of the Association by virtue of their ownership of Lots as described herein shall be entitled to all of the rights and privileges associated with the membership in the Association in and to all of the property under the jurisdiction of the Association upon the condition that each of such Members accepts such rights and privileges subject to this Declaration, the Declarations covering Sections “A” and “B” of Woodlake Forest IV Subdivision, and all of the duties and obligations of Members in the Association as imposed by each of such Declarations.

IN WITNESS WHEREOF, the undersigned, being the Declarant herein, the Lien­ holders, and the Board of Trustees of the Association, have executed this Declaration to be effective the               day of                                      , A. D., 1980.