OAK GROVE HOMEOWNERS ASSOCIATION AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS FORMERLY KNOWN AS MARINA DEL REY TOWNHOMES

Transcription

1 0 0 0 OAK GROVE HOMEOWNERS ASSOCIATION AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS FORMERLY KNOWN AS MARINA DEL REY TOWNHOMES This Declaration, made as of this day of,, by MICO CORPORATION, a Texas Corporation, L & N CONSULTANTS, INC., a Nevada corporation, and the LOMAS & NETTLETON COMPANY, a Connecticut corporation, hereinafter called Declarants and this Declaration replaces the Declaration made on st day of June,. WITNESSETH: Whereas, the Lomas & Nettleton Company has heretofore made, declared and established a Declaration of Covenants and Restrictions (Declarations) as and for the plan of dwelling ownership and management of Marina Del Rey Townhomes (now known as OAK GROVE HOMEOWNERS ASSOCIATION), being the property and improvements hereinafter described; and Whereas, the Lomas & Nettleton Company has recorded the Declaration in Volume, Page 0, of the Deed Records of Tarrant County, Texas; and Whereas, a resolution adopting this Amendment has been approved by Members holding two-thirds (/) of the votes, all pursuant to the terms of the Declaration; and Whereas, it is deemed desirable to create an agency to which should be delegated and assigned the powers of maintaining and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and Whereas, Declarants have caused to be incorporated under the laws of the State of Texas as a non-profit corporation, OAK GROVE HOMEOWNERS ASSOCIATION, for the purpose of exercising in its entirety as follows: Amended on //

2 0 0 ARTICLE I DEFINITIONS Section. The following words when used in this Amendment, unless the context shall prohibit, shall have the following meanings: (a) Association and/or Corporation shall mean and refer to the OAK GROVE HOMEOWNERS ASSOCIATION, a Texas non-profit corporation. (b) Properties shall mean and refer to all such existing properties, and additions thereto, as are subject to the Declaration or any Supplemental Declaration under the provisions of Article II hereof. ( c) Common Properties shall mean and refer to those areas of land shown in Exhibit A hereto and intended to be devoted to the common use and enjoyment of the owners of the Properties, including without limitation, the swimming pool and the cabana. (d) Lot shall mean and refer to any tract of land upon the Properties with the exception of Common Properties as heretofore defined. (e) Owner and/or Member shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot but, notwithstanding any applicable theory of mortgage, shall not mean or refer to any Lot mortgagee unless and until any such mortgagee has acquired title to any Lot pursuant to foreclosure or any proceeding in lieu of foreclosure. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION: ADDITIONS THERETO Section. The existing real property which is, and shall be, held, transferred, sold, conveyed, and occupied subject to this Amendment is located in the County of Tarrant, State of Texas, and is more particularly described in Exhibit A and also illustrated in Amended on //

3 0 0 Exhibit B attached hereto, all of which real property, including an approximate. acre tract, shall hereinafter be referred to as, Existing Property. Section. Additions to Existing Property, if either Declarant is the Owner of any property which it desires to add to the scheme of this Amendment, it may do so by filing of record a Supplementary Declaration of Covenants and Restrictions, which shall extend the scheme of the covenants and restrictions hereof to such property, provided, however, that such covenants and restrictions as apply to the property which is to be so added may be altered or modified by said Supplementary Declaration. ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Every person or entity who is a record Owner of a fee interest in any Lot shall automatically be a Member of the Corporation, provided that such person or entity who holds such interest merely as security for the performance of an obligation shall not be a Member. Members shall be all those Owners defined in this Article with the exceptions of Declarants. Members shall be entitled to one () vote for each Lot in which they hold the interest required for membership by this Article. When more than one person holds such interest or interest in any 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 () vote be cast with respect to any such Lot. ARTICLE IV PROPERTY RIGHTS IN THE COMMON PROPERTIES Section. Subject to the provisions of Section of this Article hereof, every Member shall have a right and easement of enjoyment in and to the Common Properties, e.g. the two () lots the pool and side yard are on, and such easement shall be appurtenant to and shall pass with the title to every Lot. Amended on //

4 0 0 0 Section. The Declarants hereby covenant that they will convey fee simple TITLE to the COMMON PROPERTIES to the Association free and clear of all encumbrances and liens, upon recording of this Amendment in the Deed Records of Tarrant County, Texas. Section. The rights and easements of enjoyment created hereby shall be subject to the following: (a) The right of the Association to prescribe regulations governing the use, operation and maintenance of the Common Properties and facilities, including limiting the number of guest and of Members; (b) The right of the Declarants and the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Common Properties and facilities and in aid thereof, with the assent of at least two-thirds (/) of the Members, to mortgage the Common Properties. The rights of any mortgagee of the Common Properties shall be subordinate to the rights of the Owners hereunder; ( c) The right of the Association to take such steps as are reasonably necessary to protect the Common Properties against foreclosure; (d) The right of the Association, as provided in its Articles and Bylaws in Article III, Section, whether or not he is or may be personally obligated to pay such assessments, may be suspended by action of the Directors during the period when such assessments remain unpaid; but, upon payment of such assessments, his rights and privileges shall be automatically restored. If, at any time, the Directors shall have adopted and published rules and regulations governing the use of the Common Properties and facilities, and the personal conduct of Members, their families and their guests thereon, as provided in Article V, Section, the Directors may, in their discretion, for violation of such rules and regulations by a Member or by his family or guest, take action to suspend the privileges of the person/persons committing the violation. The Board shall meet within ten (0) days of each incident with the Member and, if possible, the person/persons involved to determine if an infraction has occurred and to render its decision, which can include a suspension of the person/persons committing an infraction for a period not to exceed sixty (0) days. Amended on //

5 0 0 0 (e) The right of the Association to charge reasonable admission and other fees and charges for the use of recreational, service and convenience facilities on the Common Properties; and (f) The right of the Association to dedicate, sell or transfer all or any part of the Common Properties to any public agency, authority, or utility for such purposes and upon such conditions as may be agreed upon by the Members. No said dedication, sale or transfer shall be effective unless an instrument agreeing to said dedication or transfer, signed by two-thirds (/) of the Members, has been recorded or delivered to the party in whose favor said dedication or transfer runs. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section. The Creation of the Lien and Personal Obligation of Assessments for each Declarant, for each Lot owned by it within the Properties, hereby covenants and agrees, and each Owner of any Lot by acceptance of a deed therefor whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association: (a) Periodic assessments, not less often than annual or more often than monthly, assessments or charges; (b) Special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The periodic and special assessments, together with such interest thereon and cost of collection thereof as hereinafter provided, shall be a charge on each Lot against which the assessment is made, and shall be a continuing lien upon such Lot. Each such assessment, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to an Owner s successors in title to the Lot against which said assessments were made unless expressly assumed by them. Amended on //

6 0 0 ( c) Periodic Assessments (DUES) shall be as specified by the Board of Directors and shall be paid quarterly. Dues for the quarter are due on January/April/July/October st, and are delinquent on January/April/July/ October nd. After the th of the month due, delinquent Owners will receive a REMINDER notice mailed by the Treasurer. After the nd day of the subsequent month, i.e. February/May/August/November, a Return Receipt notification (approximately $.0) will be mailed to indicate the dues arrearages plus expenses, e.g. if the dues are $0.00 per quarter then the dues and return receipt total would be $0.0, and a notice of the pending lien filing. Owner will have ten (0) days to pay dues and mailing expenses in full. After the ten (0) days has elapsed, a lien will be filed (current charges are $.00) on the property (ies) which are in arrears on dues and expenses, e.g. $.0. Upon receipt of the Recorded Lien, the delinquent account will be turned over for collection to a collection agency. Any monies not paid to OAK GROVE HOMEOWNERS ASSOCIATION when recovered by the collection agency will be used as the new cost basis to remove the lien, e.g. the collection agency charges 0% ($0.0) of $.0, when it recovers the $.0 and pays the Association $.00, a balance is due of $0.0 plus expenses to the Association to release the lien. Section. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the Properties, and in particular for the improvement and maintenance of parkways, walkways, and other properties, services and facilities devoted to this purpose and directly related to the use and enjoyment of the Common Properties, including, but not limited to, the payment of taxes and insurance thereon, repair, replacement and additions thereto, and for the cost of labor, equipment, materials, management and supervision thereof, and for carrying out the purposes of the Association as stated in its Articles of Incorporation. Amended on //

7 0 0 Section. Beginning July,, the periodic assessment shall be an annual, but due quarterly at a minimum, assessment of ($ ) Dollars for each Lot. From and after July,, the annual assessment may be increased by vote of the Members, as hereinafter provided, for the next succeeding periods. The Board of Directors of the Association may, after consideration of current maintenance costs and future needs of the Association, fix the actual assessment for any period at a lesser amount. Upon reaching a surplus balance of six thousand ($,000.00) Dollars in the Association s treasury, e.g. funds in excess of projected expenses versus income for the next quarter, the Board of Directors shall forgive the obligation of one () month of the next quarter s assessment in a continuing motion to limit surplus funds on hand to six thousand ($,000.00) Dollars. Section. Special Assessments for Capital Improvements may be levied by the Association, in addition to the periodic assessments authorized by Section hereof, during any period, applicable to that period 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 Properties, including the necessary fixtures and personal property related thereto, provide that any such assessment shall have the assent of two-thirds (/) of the Members at a meeting duly called for such purpose, written notice of which shall have been given to all Members at least thirty (0) days in advance and shall have set forth the purpose of the meeting. Section. The Association may change in Basis and Maximum the Periodic Assessments, subject to the limitations of Section hereof, and for the periods therein specified, fixed by Section hereof, prospectively for any such period, provided that any such change shall have the assent of two-thirds (/) of the Members at a meeting duly called for such purpose, written notice of which shall be given to all Members at least thirty (0) days in advance and shall have set forth the purpose of the meeting. Amended on //

8 0 0 Section. The quorum required for any action authorized by Sections and hereof shall be as follows: (a) At the first meeting called, as provided in Sections and hereof, the presence at the meeting of Members, or of proxies, entitled to cast sixty (0) percent of all of the votes of the Members shall constitute a quorum. (b) If the required quorum is not present at any such meeting, another meeting may be called subject to notice requirements set forth in Sections and hereof, and the required quorum at any such subsequent meeting shall be one-half (/) of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than sixty (0) days following the preceding meeting. Section. The due date of any periodic assessment shall be adjusted according to the number of months remaining in the calendar year and shall become due and payable on the day fixed for commencement per Section of this Article hereof. The due date of any special assessment under Section of this Article hereof, shall be fixed in the resolution authorizing such assessment. Section. With Respect to Assessments, the Board of Directors of the Association shall fix the date of commencement and the amount of the assessment against each Lot for each assessment period at least thirty (0) days in advance of such date or period and shall at that time prepare a roster of the properties and assessments applicable thereto, which shall be kept by the Treasurer and shall be open to inspection by any Owner at a mutually agreed upon location within ten (0) days of the Owner s request. Written notice of the assessment shall thereupon be sent to every Owner subject thereto. The Association shall upon demand at any time furnish to any Owner liable for said assessment a certificate in writing signed by an Officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Amended on //

9 0 0 Section. If assessments are not paid on the date when due, being the dates specified in Section of this Article hereof, then such assessments shall be delinquent and shall, together with such interest thereon and cost of collection thereof, as hereinafter provided, thereupon become a continuing lien on the Lot which shall bind such Lot in the hands of the then Owner (s), his heirs, devisees, personal representatives and assigns. The personal obligation of the then Owner to pay such assessment, however, shall remain his personal obligation for the statutory period and shall not pass to his successors in title unless expressly assumed by them. If the assessment is not paid within thirty (0) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of ten (0) percent per annum, and the Corporation may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the Lot, and there shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained a reasonable attorney s fee to be fixed by the Court, together with the costs of the action. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Properties or by abandonment of his Lot or his interest therein. Section 0. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the Lots subject to assessment provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to the sale of such property pursuant to a foreclosure of any such mortgage or other procedure in lieu of foreclosure. Such sale shall not relieve such property from liability for any assessments thereafter becoming due nor from the lien of any such subsequent assessment. Amended on //

10 0 0 Section. If, in the opinion of the Board of Directors, a property is not being properly maintained, the Board of Directors shall provide the Owner with a list of deficiencies and after negotiating a completion date with the Owner, a minimum of ninety (0) days, for the maintenance to occur. If the Owner fails to comply with notice or disputes the deficiencies, a special meeting of the Members shall be called pursuant to the time frame in Section of this Article hereof. Assent of two-thirds (/) of the Members at the meeting is required prior to the Board of Directors undertaking, with Corporate funds, the maintenance of the property and subsequent collection expenses, legal fees and/or other fees. ARTICLE VI ARCHITECTURAL CONTROL COMMITTEE Section. No erection of buildings, or exterior additions or alterations to any building situated upon the Properties nor erection of or changes or additions in fences, hedges, walls or other structures, e.g. sporting structures, shall be commenced, erected or maintained until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design, appearance and location in relation to surrounding structures and topography by an architectural committee which may consist of members of the Board of Directors, persons who are Members or qualified architects, planners, and builders, as designated by the Board of Directors of the Association, provided, however, that in no event shall the provisions of this Article hereof, apply to buildings, structures, additions and alterations commenced, erected or maintained by either Declarant. In the event said committee, or its designated representatives, fails to approve or disapprove such design and location within thirty (0) days after said plans and specifications have been submitted to it, and if no suit to enjoin the addition, alteration or change has been commenced prior to the completion thereof, approval will not be required and this Article will be deemed to have been fully complied with. Neither the members of such 0 Amended on //

11 0 0 0 committee or its designated representatives shall be entitled to compensation for services performed pursuant to this Article. Section. The conversion of carports into garages shall be automatically approved by the Architectural Control Committee. ARTICLE VII PROTECTIVE COVENANTS Section. No Lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any Lot other than one attached singlefamily townhouse dwelling not to exceed three () stories in height and private garage and/or carport. Section. Easements for installation, maintenance, repair and removal of utilities and drainage facilities, garbage collection, and floodway easements have been granted to the City of Grapevine, Texas. Full rights of ingress and egress shall be had by the City of Grapevine, Texas, at all times over any dedicated easement for the installation, operation, maintenance, repair or removal of any utility together with the right to remove any obstruction that may be placed in such easement that would constitute interference with the use of such easement, or the use, maintenance, operation or installation of such utility. Section. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. Section. No structure of a temporary character, mobile home, house-trailer, basement, tent, shack, barn or other outbuilding shall be used on any Lot at any time. Section. No sign of any kind shall be displayed to the public view on any Lot except one professional sign of not more than one () square foot or a sign of not more than five () square feet advertising the property for sale or rent. Section. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purposes. Amended on //

12 0 0 Section. No Lot shall be used or maintained as a dumping ground for rubbish, trash, or garbage. Other waste shall not be kept except in sanitary containers. Section. No fence, wall, hedge or planting shall be located nearer to any front, rear, or side lot lines than the building set-back lines without prior approval by the Architectural Control Committee. Section. Trucks with tonnage in excess of three-quarter (/) ton shall not be permitted to park on the streets, driveways or Lots overnight, and no vehicle of any size which normally transports inflammatory or explosive cargo may be kept on the Properties at any time. Section 0. No antenna or tower shall be erected upon any Lot for the purpose of radio transmission. Section. Trash receptacles will be housed and screened as specified by the Architectural Control Committee, and shall not be located not more than ten (0) feet from the driveway of each Lot and conveniently accessible from the service road, or otherwise as required by the City of Grapevine. ARTICLE VIII GENERAL PROVISIONS Section. The Binding Effect of the covenants and restrictions of this Amendment shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association on the Owner of any Lot subject to this Amendment, their respective legal representatives, heirs, successors and assigns, for a term of twenty (0) years from the date that this Amendment is recorded, after which time said covenants shall be automatically extended for successive periods of ten (0) years. Amended on //

13 0 0 Section. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction either to restrain violation or to recover damages and against the land to enforce any lien created by these covenants, and failure by the Association or 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. Amendments to the Covenants and Restrictions hereof may be abolished, amended and/or changed, in whole or in part, only with the consent of seventy-five () percent of the Members evidenced by a document in writing bearing each of their signatures. Section. Severability or invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any of the other provisions hereof which shall remain in full force. Section. Discrimination - Any person, when he becomes an Owner, agrees that neither he nor anyone authorized to act for him will refuse to sell or rent, after the making of a bona fide offer, or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny any of the real property owned by him in the Properties to any person because of race, color, religion, sex or national origin. Any restrictive covenant affecting the property covered by this Amendment relating to race, color, religion, sex or national origin which is inconsistent with the Section hereof, is recognized as being illegal and void and is specifically disclaimed. Section. Maintenance of a Lot upon the Properties: (a) Is the Owner s responsibility for the maintenance, care, repair and replacement of the trees, shrubs, walks and driveway situated within the boundaries of his respective Lot, and for the maintenance, care, repair and replacement of the buildings and any other improvements situated on his Lot. Amended on //

14 0 0 (b) In the event an Owner of any Lot in the Properties shall fail to perform, in a manner satisfactory to the Board of Directors, the maintenance, care, repair and/or replacement which is his obligation pursuant to the provisions of this Section hereof, the Association, pursuant to Article V Section hereof, shall have the right, through its agents and employees, to enter upon said Lot and to repair, maintain, and restore the Lot and the exterior of the buildings and any other improvements erected thereon. The cost of said maintenance, care, repair, and/or replacement shall be added to and become part of the assessments to which said Lot is subject. Section. The Association hereby covenants and agrees that it shall perform all ordinary and necessary maintenance, care and repair of those public sidewalks located or to be located within the dedicated public right-of-way lying within the Properties subject to this Amendment and which are or have been installed by the Declarants, as well as of the Common Properties. Assessments levied and collected by the Association may be expended as the Association sees fit for purposes of said maintenance, care and repair. Section. Any notice required to be sent to any Member under the provisions of this Amendment shall be deemed to have been properly sent when mailed postpaid to the last known address of the person who appears as Member on the records of the Association at the time of said mailing. Section. In reference to Mortgages, no amendment to the terms hereof shall affect the rights of the mortgagee of any mortgage placed upon a Lot which is made in good faith and for value, provided that any such mortgage is recorded prior to the recordation of such amendment and written notice of delivery and recordation of said mortgage is given to the Association. No breach of any provision of the Amendment shall impair or invalidate any lien of such mortgage. Amended on //

15 0 0 Section 0. The Declaration shall not be vacated, waived, revoked, abandoned or terminated, nor shall the obligations of any Lot be changed for the purpose of levying assessments or charges or determining the share of ownership of each Lot in the Common Properties, nor shall the Corporation fail to maintain the fire insurance it obtains for as near as possible to the full replacement value of the facilities located in the Common Properties, nor shall the dimensions of any Lot be changed, nor shall the Common Properties be abandoned, partitioned, subdivided, encumbered, sold, transferred (the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Properties shall not be deemed a transfer within the meaning of this chapter), or encroached upon, nor shall any other provisions hereof be amended unless each Declarant (if such Declarant is the owner of one () or more Lots) and seventy-five () percent of the Owners (other than Declarants) and a like percent of the first mortgagees (based on one () vote for each first mortgage) of all the mortgages covering Lots agree to such vacation, waiver, revocation, abandonment, termination, change, partition, subdivision, encumbrance, sale, transfer, encroachment or amendment by an instrument to such effect duly recorded in the Deed Records of Tarrant County, Texas, provided, however, unanimity of each Owner and each mortgagee shall be required to the extent set forth in applicable statutes. Notwithstanding the generality of the foregoing, Declarants may amend this Declaration in order to conform with the requirements of the Federal National Mortgage Association or any similar duly constituted governmental authority, with respect to documentation, each by written instrument to such effect executed by Declarants only and duly recorded in the Deed Records of Tarrant County, Texas. Amended on //

16 0 0 ARTICLE IX INSURANCE Section. The Association shall carry a policy of fire and extended coverage, vandalism, windstorm, water damage, malicious mischief and other risks customarily covered in similar projects, comprehensive public liability insurance with such coverage to include protection against water damage liability, liability for non-owned and hired automobile, liability for property of others, and such other risks as are customarily covered in similar projects, and, if required by law, workmen s compensation insurance, this policy hereinafter shall be referred to as the Association Policy, with respect to the Common Properties and the Association s administration thereof. The Association Policy shall be purchased by the Association for the benefit of the Association. Section. Each Owner shall obtain fire and extended coverage insurance, in an amount at least sufficient to pay the mortgage balance, upon his personal property at his own expense. Each such policy shall be purchased for the benefit of the Owner and his mortgagee as their interest may appear, and provision shall be made for the issuance of an appropriate mortgagee endorsement to the mortgagee of the Owner. The Association and the Owners shall use their best efforts to see that all property and liability insurance carried by an Owner or the Association shall contain appropriate provisions whereby the insurer waives its right of subrogation as to any claims against the Owners or the Association and the respective tenants, servants, agents, and guests of the Owners of the Association, as the case may be. Amended on //

17 0 0 Section. All buildings, improvements and property to maintained, repaired and replaced at the expense of the Association pursuant to the provisions hereof shall be insured in an amount equal to the maximum insurable replacement value thereof, excluding the cost of excavations, foundations and footings, as determined annually by the Board of Directors of the Association, provided, however, such amount shall be not less than one hundred (00) percent of the maximum insurable value based upon replacement cost. The liability insurance coverage maintained by the Association shall be for at least one million ($,000,000.00) Dollars per occurrence, for personal injury and/or property damage. The Association and the Owners shall use their best efforts to see that all liability insurance shall contain, if available, cross-liability or severability of interest endorsements, which shall preclude the insurer from denying the claim of an Owner because of the negligent acts of the Association or other Owners, or appropriate provisions for the benefit of the Owners, individually and as a group, the members of the Board of Directors, insuring each insured against liability to each other insured. Section. All premiums upon insurance purchased by the Association pursuant hereto shall be included in the Association s budget, except that the amount of increase over such premiums occasioned by the use, mis-use, occupancy or abandonment of a townhouse building or the Common Properties by an Owner shall be assessed only against such Owner. Amended on //

18 0 CERTIFICATION I, the undersigned, do hereby certify: That I am the duly elected and acting Secretary of the OAK GROVE HOMEOWNERS ASSOCIATION, a Texas non-profit Corporation, and That the foregoing Declaration of Covenants and Restrictions constitute the Declaration of Covenants and Restrictions of said Corporation, as duly adopted at a meeting of the Board of Directors thereof, held on the day of,. In witness thereof, I have hereunto subscribed my name and affixed the seal of said Corporation this day of,. Secretary Amended on //

19 0 0 CONTENTS of DECLARATION of COVENATNS and RESTRICTIONS of the OAK GROVE HOMEOWNERS ASSOCIATION ARTICLE I DEFINITIONS ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION ARTICLE IV PROPERTY RIGHTS IN THE COMMON PROPERTIES ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS ARTICLE VI 0 ARCHITECTURAL CONTROL COMMITTEE ARTICLE VII PROTECTIVE COVENANTS ARTICLE VIII GENERAL PROVISIONS ARTICLE IX INSURANCE CERTIFICATION Amended on //