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Transcription

1 T.J1) FORr.:C7,n L'.lUJ Of2g21 APR ! COUNTYCl KJH&jj~ y, : F! ~ 8...::'""~1 REPLACEMENT DEDCATON AND DECLARATON OF COVENANTS, CONDTon-. -- ~. RESTRCTONS FOR THE BURLESON MAGNOLA FARMS HO~OWNERS ASSOCATON, NC. THE STATE OF TEXAS COUNTY OF JOHNSON THS REPLACEMENT DECLARATON OF COVENANTS, CONDTONS, AND RESTRCTONS ("Declaraton") s made n Johnson County, Texas by the Board of Drectors bfthe Burleson Magnola Farms Homeowners Assocaton, nc. (the "Assocaton") fn/a Magnola Farms HO$eowners Assocaton, nc. and approved and adopted by all Members and Owners of the property the subject of ths Declaraton and for the beneft of the Members of the Assocaton and the Owners of the property the subject of ths Declaraton ("Declarants"). Ths Declaraton s a replacement, codfcaton and amendment of the Dedc3j~Onand Declaraton of Covenants, Condtons and Restrctons fled on or about October 8,1997 n the Deed R~ords of Tarrant County, Texas;' Frst Amended Declaratons fled on or about June 26, 1998 recorded n Volume 2tW1, Page 951, Deed Records, Johnson County, Texas; the Second Amended Declaratons fled on or about Decemb~r 7, 2005 recorded n Volume 3685, Page 0742, Deed Records, Johnson County, Texas; and the Thrd Amended qeclaratons fled on or about October 16,2006 recorded n Volume 3925, Page 0807, Deed Records, Johnson ComtY, Texas ("Replaced Restrctons"). Upon executon of ths document by the executng partes, the Replaced Restfctons are repealed and termnated and of no further force and effect, and bndng upon the executng partes, ther hers, executors and assgns, ncludng all subsequent Members and Owners of the property the subject of ths Declarat(on. Ths Declaraton shall run wth and burdenthelandthesubjectheren.. RECTALS 1. Declarants are the owners of real property n the Magnola Farms Subdvson located n JOHNSON COUNTY, Texas and are Members of The Burleson Magnola Fanrs Homeowner Assocaton, nc. The Burleson Magnola Farms Subdvson s descrbed by the Fnal Pla~ Showng, Lot 1 thru 16, Block 1, Magnola Farms, A Subdvson ofa Porton of the H.C. Renfro Survey, Abs. 738, Johnson County, Texas and as descrbed n metes and bounds on sad Fnal Plat fled n the Deed Records of Johnson County, Texas on or about June 3,1998, Volume 8, Page 429, and as approved by the Cty of Burleson on or about May 19, 1998 and by the Commssoners Court on or about Aprl 13, 1998, sad Fnal Plat beng ncorporated heren by reference for all ntents and purposes (the "Property"). 2. Declarants have revsed the Covenants, Condtons, and Restrcton~ n whole to better reflect the changes n the Assocaton snce the converson from management under the developer and orgnal Declarant John Volkman to current status of completed subdvson wth resdents. 3. Ths general revson wll beneft the Property n general, the parcels and lots that consttute the property, Declarants, and each successve owner of an nterest n the Propertyl 4. Therefore, n accordance wth both the doctrnes of restrctve covenant and mpled equtable servtude, Declarants desre to restrct the Property accordng to these covenants, condtons, and restrctons n furtheranceofthsgeneralrevson ' NOW, THEREFORE, t s declared that all of the Assocaton and ts membt1rs and those who beneft from recorded easements grantng access to the Assocaton Horn ther real property, shall be held, sold, and conveyed subject to the followng amendment to the easements, restrctons, covenants, and condtons. 1The orgnal restrctons the subject of the property referenced heren weremstakenly fled n Tarrant County nstead of Johnson County, thus, among other reasons, necesstatng subseql!1entflngs, ncludng ths Declaraton. Replacement Dedcaton and Declaraton of Covenants, Condtons, and Restrctons for The Burleson Magnola Farms Homeowners Assocaton, nc. Page 1

2 ARTCLE DEFNTONS 1. The followng words, when used n ths Declaraton or any amendment dr supplement hereto (unless the context shall otherwsendcateor prohbt) shall have the followngmeanngs: : (a) "Plat" shall mean and refer to that certan Plat recorded on June 3, 1998 n Volume 8, Page 429, Plat Records. Johnson County, Texas and as such Plat mayltherefore be amended. (b) "Lot" shall mean and refer to any of the plots of land show on the Plat on whch there s or wll be bult a sngle-famly dwellng. The term "Lot" does not nqlude the Common Propertes (as herenafter defned). (e) (1) (g) (g) "Owner" shall mean and refer to the record owner or owne~ of the fee smple ttle to any Lot or porton of a Lot n the Property on whch there s or wll b~ bult a sngle-famly dwellng. "Owner" ncludes contract sellers but excludes persons havng only * securty nterest n such Lot or porton thereof. ' "Common Propertes" shall mean and refer to any and all areas of land wthn the Property whch are known or descrbed as a prvate street on any recorded $ubdvson plat of the Property, or ntended for, or devoted to common use and enjoyment of the Members of the Assocaton together wth any and all mprovements that are now or may herea~r be constructed or nstalled thereon. "Assocaton" shall mean and refer to an ncorporated, non1proft assocaton known as The Burleson Magnola Farms Homeowners Assocaton, nc. ("BMFHOA") or such other name as may be desred or needed, consstng of all Owners of Property ~hown on the Plat, whch shall have the power, duty, and responsblty of mantanng, operatng, ~d managng the Common Propertes, and collectng the assessments and charges herenafter pres,brbed, and has the rght of admnsterng and enforcng the Covenants and Restrctons, as provded n ths Declaraton. "Member" shall mean and refer to each Owner of the fee stnple ttle to any Lot or porton of a Lot n the Property wthout any further documentaton or any k~d. "Board" shall mean and refer to the Board of Drectors oftbe Assocaton. "Archtectural Control Commttee" shall mean and refer to [agroup of qualfed persons consstng of not less than three (3) members, nor more than fve (5) Qtembers, whch shall serve pursuant to Artcle X hereof. ARTCLEn, PROPERTYSUBJEC TOTHSDECLARATONANDADDTONSTHERETO 2. Addtons to Exstng Property. followng manners: Addtonalland( s) may become su~ect to ths Declaraton n any of the (a) The Assocaton may add or annex addtonal real propertyto the scheme ofths Declaraton by flng of record a Supplemental Declaraton of Covenants, tondtons, and Restrctons whch shall extend the scheme of the covenants, condtons, and restrcrons of ths Declaraton to such property provded however that such Supplemental Declaraton ma)! contan such complementary addtons and modfcatons of the Replaced Restrctons as may be necessary to reflect the dfferent Replacement Dedcaton and Declaraton of Covenants, Condtons, and Restrctons for The Burleson Magnola Farms Homeowners Assocaton, nc. Page 2

3 [ character, f any of the added propertesand as are not ncons~stentwth the concept of ths Declaraton.! (b) n the event any person or entty other than Assocaton desr~s to add or annex addtonal resdental and/or common areas to the scheme of ths Declar~ton, such proposed annexaton must have the pror wrtten consent and approval of the majorty of the votes ftomthe members of the Assocaton. The Assocaton, at ts sole dscreton, retans the rght to SU~vde or replat any unsold Lots t owns wthn the parameters of the specfcaton and requrempnts set forth by Johnson County or any other governmental entty whose authorty s requred ARTCLEn ; MEMBERSHPAND VOTNGRGHTS Membershp. Every Owner of a lot shall automatcally be and must refuan a Member of the Assocaton n good standng. The Board of Drectors may declare that an Owner s nbt a Member n good standng because of Deed Restrcton volatons, past unpad dues, fnes, late charges, n~erest, legal fees, and/or any other assessments of any nature. The Board of Drectors may temporarly st$pend the votng rghts of any Member who s not n good standng untl such past unpad amounts ate pad n full. Votng Class. The Assocaton shall have one votng class ofmemberl.. Each Member shall be enttled to one (1) vote for each Lot n whch such Member holds the nterest requred for membershp. When more than one person holds nterest or nterests n any Lot all such persons ~hall be Members, and the vote for such Lot shall be exercsed as they among themselves determne but q no event shall more than one (1) vote be cast wth respectto any such Lot. Quorum Notce and Votng Requrements. The quorum notce and votng requrements of and pertanng to the Assocaton are set forth wthn the Artcles ofncorporaton and ~ylaws of the Assocaton as the same may be amended ftomtme to tme, subject to the provsons ofsectop 3.02 above, any acton by or on behalf of the Assocaton may be taken wth assent gvng n wrtng. the notce for Quorum majorty accordng the fled Artcles of ncorporaton, charter wth tte Secretary of the State of Texas effectve February 8, 2000 s two-thrdsof the Members. Electon of Board and Archtectural Control Commttee. The Board ahd Archtectural Control Commttee shall be elected by BMFHOA Members n a specfed Electon Meetqg. Majorty vote by two-thrds of the BMFHOA wll be requred for electon to these postons. The actng fresdent ofthe BMFHOA wll make wrtten announcement ofthe Electon Date to the Members. Electon ~ay announcements may be through Certfed US Mal, Facsmle recept, Electronc Mal wth Return ReC,eptverfcaton, or hand wrtten acceptance by sad Member. Announcements must be no less than twd (2) weeks pror to an Electon Date and no more than forty-fve (45) days out. Nomnatons for postons fre to be submtted n wrtng by the nterested canddate or by another Member to the Presdent of the BMFHOA on or before the Electon Date. Members are responsble to make Electon Date Meetngs. f all Menbers are not present for the Electon Date Meetng, then two-thrds of the Membershp wll consttute a qu6rum and a vote can proceed. Wthout a two-thrdsmembershpquorum, an electoncannot be held. Terms of Board Members and the Archtectural Control Commttee. The term for any elected poston wll be lmted to two (2) years. Elected Members may run for reelecton. n the event that an Electon Date cannot be held due to a lack of requred attendees to vote, then the elebted postons may contnue for another two (2) year term. Replacement Dedcaton and Declaraton of Covenants, Condtons, and Restrctons for The Burleson Magnola Farms Homeowners Assocaton, nc. Page 3 ~

4 3.06 Removal of Board Members. Any Lot Owner, n sngular or n plur~lty, may petton for removal of any sngle Board Member or the Board n ts entrety. A Specal Electon Date wll be requred to carry out ths acton. Lot Owner(s) wll be responsble for delvery to all BMFHqA Members petton for removal wth specfcaton of sad Board Member for removal and the bass for s$h removal. Lot Owner wll notfy BMFHOA Presdent n wrtng upon fnal delvery and confrmator of submsson to all BMFHOA Members. Confrmaton may nclude Certfed US Mal, copes of f4csmle transmsson, verfcaton of return recept through electronc mal, or a hand wrtten acceptance h each Member upon delvery by Lot Owner Applcant. Electon Date procedures as outlned n 3.04 wll ~e followed to set sad date. A Slent Vote wll be taken n wrtng on the Electon Date and sad results wllbe gven the Presdent ofthe BMFHOA for tally. Should the Presdent not be able to fulfll hs dr,ty,then the Board VP and successve Offcers wll step n to receve and tally votes. A non- Board or ACq: Member wll also certfy the results of the vote. Seventy-fve (75) percent ofbmfhoa Members must approve by wrtten vote to remove the Board n whole or n part.! ARTCLE V GENERALPOWERSAND DUTES--OFBOARD@FDRECTORS Powers and Dutes. ts Board of Drectors shall conduct the affars o~the Assocaton. The Board shall be selected n accordance wth Artcles ofncorporaton and Bylaws oftpe Assocaton. Use of Mantenance Funds. The Board, for the beneft of the Commo~ Propertes and the Owners, shall provde, and shall payout ofthe mantenance fund(s) provded for n Artcle V below, the followng:! (a) Care and preservatonof the CommonPropertesand the flmshngand upkeep of any desred personal property for use n the CommonPropertes; (b) Any prvate trash and garbage collecton servce and secur~ arrangements;! The servces of person or frm (ncludng Declarants and roty afflates ofdeclarants) to manage the Assocaton or any separate porton thereof, to the extent d~emed advsable by the Board, and the servces of such other personnel as the Board shall determhe to be necessary or proper for the operaton of the Assocaton, whether such personnel are e~ployed drectly by the Board or by a manager desgnated by the Board;! 4.03 (e) Legal and accountng servces; Any other materals, supples, furnture, labor, servces, m~ntenance, repars, structural alteraton, taxes or assessments whch the Board s requred to obtan ~r pay for pursuant to the terms of ths Declaraton or whch n ts opnon should be necessary or proper for the operaton or protecton of the Assocatonor for enforcementof ths Declaraton. Addtonal Responsbltes of Board. The Board shall have the follo~ng addtonal rghts, powers and dutes: (a) To execute all declaratons ownershp for tax assessment purposes wth regard to any of the CommonPropertes owned by the Assocaton; (b) To enter nto agreements or contracts wth nsurance comp{mes, taxng authortes and the holders of frst mortgage lens on the ndvdual Lots wth respect tp: () taxes on the Common Propertes, () nsurance coverage (f any) on Common Propertes, as they relate to the assessment, collecton t! Replacement Dedcaton and Declaraton of Covenants, Condtons, and Restrctons for The Burleson Magnola Farms Homeowners Assocaton, nc. Page 4

5 ! (e) (t) (g) (h) () G) (k) () V heren; ld ()utlty nstallaton, consumpton and dsbursementprocess envsoned by Artcle and servcematters; To enter nto contracts, mantan one or more bank accounts, and generally, to have all of the powers necessary or ncdental to the operaton and managjment of the Assocaton; To protect or defend the Common Propertes from loss or cfmage by sut or otherwse to sue or defend n any court of law on behalf of the Assocaton an~ to provde adequate reserves for repars and replacements;. To make reasonablerules and regulatons for the operatonofthe Common Propertesand to amend them ftom tme to tme. To make avalable to each Owner wthn nnety (90) days a~er the end of each year the annual report.,! Pursuant to Artcle V heren, to adjust the amount, collec~ and use any nsurance proceeds to repar damage or replace lost property; and f proceeds are wsuffcent to repar damage or replace lost property, assess the Members n proportonate amoun~ to cover the defcency;! To enforcethe provsonsof ths Declaratonand any rules ~ade hereafterand to fne, enjon and/or seekdamagesfrom any Owner for volaton of suchprovsons or rules; To acqure(by gft purchase, or otherwse),own, hold, mptove, buld upon, operate, mantan, convey, sell, lease, transfer, dedcate for publc use or othet}vse, and dspose of real and/or personal property n connecton wth the affars of the Asso~aton; To borrow money and wth the co~sentof two-thrdsofmcrnbershp, t? mortgage,pledge, deed (n trust), or hypothecate any or all of ts real or personal property as secunty for money borrowed or debts ncurred;! To dedcate sell or transfer all or any part of the Common ~ropertes to any publc agency, authorty, or utlty for such purposes and subject to such condtons, as may be agreed to by the Members provded that any such dedcaton, sale, or transfdr shall be effectve only when such nstruments or nstruments have been sgned by two-thrds ~f the Membershp agreeng to such transacton(s); To partcpaten mergerand consoldatonswth other non-~roftcorporatonsorganzed for the same purposes or annex addtonal resdental property and ~ommon propertes provded any such merger consoldaton or annexaton shall have the consent 4f two-thrds of the Membershp; 4.04 (m) To have and exercseany and all powers, rghts, and prvle~eswhch a corporatonorganzed under the Non-Proft Corporaton Act of the State of Texas ~ay now or hereafter have or exercse. Board Powers Exclusve.TheBoardshallhave the exclusverght to ~ontractfor all goods, servces,and nsurance, and the exclusve rght and oblgaton to perform the funct.ons of the Board, except as otherwse provded heren. n the event or f any reason the Board s not deeme4 authorzed to act for and on behalf of the Assocatonand the Members,then Declarantsmay exercsetherpowerand authortyunder Secton hereof to act for and on behalf of the each Owner's ndvdualproperty rghts. ; Replacement Dedcaton and Declaraton of Covenants, Condtons, and Restrctons for The Burleson Magnola Farms Homeowners Assocaton, nc. Page5

6 Contracts Wth Owners. The Board, on behalf of the Assocaton, sh~1 have full power and authorty to contract wth any Owner for the performance, on behalf of the Assocaton, of servces whch the Board s otherwse requred to perform pursuant to the terms hereof, such contkcts to be upon such terms and condtons and for such consderaton as the Board may deem proper,!advsable and n the best nterest of the Assocaton. Lablty Lmtatons. Nether any Member, the Board, any Drector, Jor any Offce of the Assocaton shall be personally lable for debts contracted for, or otherwse ncurred by!the Assocaton, or for a tort of another Member, whether such other Member was actng on behalf of the As~ocaton or otherwse. The Members, the Assocaton, ts Drectors, Offcers, agents nor employees shall b1lable for any ncdental or consequental damages for falure to nspect any premses, mprovemynts, or porton thereof or for falure to repar or mantan the same. Members, The Assocaton or any other ~erson, frm, or corporaton lable to make such repars or mantenance shall not be lable for any personallnjury or other ncdental or consequental damages occasoned by any act or omsson n the rep~r or mantenance of any premses, mprovements,or porton thereof. Reserve Funds. The Board may establsh reserve funds, whch may b~ mantaned and accounted for separately from other funds mantaned for annual operatng expense~ and may establsh separate, rrevocable trust accounts n order to better demonstrate that the amounts depost4d theren are captal contrbutons and not ncome to the Assocaton Obecton to Board Decsons or Actons By Lot Owners. Should anyllot Owner, n sngular or by pluralty, become dssatsfed wth the decsons or actons taken by the Board ~ the admnstraton of ther dutes, sad Lot Owner( s) may petton for reversal or overrde of sad decson orlacton. Sad Lot Owner( s) wll be responsble for delvery to all BMFHOA Members petton for revers~l or overrde. Lot Owner(s) wll notfy BMFHOA Presdent n wrtng upon fnal delvery and confrmaton ~f submsson to all BMFHOA Members. Confrmaton may nclude Certfed US Mal, copes of facfmle transmsson, verfcaton of return recept through electronc mal, or a hand wrtten acceptance by each Member upon delvery by Lot Owner Applcant. Petton for reversal or overrde of any specfc Bo*,d decson or acton to all BMFHOA Members wll be lmted to no more than thrty (30) days after sad B~ard decson or acton. Responses from BMFHOA Members must be n wrtng and delvered to the Presden of the BMFHOA and wll be lmted to ten (10) days after confrmaton of recept of petton by sad Lot O~er(s). Seventy-fve (75) percent of BMFHOA Members must concur wth the petton to reverse or overnde the Board decson or acton.! ARTCLEV PROPERTYRGHTSN THE COMMONPR~)PERTY, 5.01 Member's EasementsofEnoyment. Every Member and every tenant for every Member who resdes on a Lot, and each ndvdual who resdes wth ether of them on such Lot shall "ave a rght and easement of use, recreaton, and enjoyment n and to the Common Propertes and such ~ement shall be appurtenant to and sad easement shall not gve such person the rght to make alteratons, addt~ons, or mprovements to the Common Propertes; 5.02 Extent of Member's Easements. The rghts and easement of use, recrdton, and enjoyment created hereby shall be subject to the followng: (a) The rght ofdeclarants, or the Assocaton to prescrbe reasona~le regulatons and polces governng, to charge fees and or deposts related to the use, operaton and ma~tenance of the Common Propertes;! Replacement Dedcaton and Declaraton of Covenants, Condtons, and Restrctons for The Burleson Magnola Farms Homeowners Assocaton, nc. Page n_n

7 [ (b) Lens on mortgages placed aganst all or porton of the Common rropertes wth respect to mones borrowed by the Assocaton to mprove and mantan the Commbn Propertes;! The rght of Assocaton to enter nto and execute contracts wth ~ny party for the purpose of provdng mantenance or other such materal or servces consstent wth th~ purposes of the Assocaton; The rght of the Declarants or the Assocaton to take such steps ~are reasonable and necessary to (e) (f) protect the CommonPropertesaganst foreclosure! The rght of the Assocaton to suspend the votng rght of any MFmber and to suspend the rght of any ndvdual to use or enjoy any of the Common Propertes for any!perod durng whch any assessment (ncludng wthout lmtaton "fnes") aganst a Lot resded upon by any such ndvdual remans unpad, and for any perod deemed reasonable by the Assocaton for an fufracton of the then-exstng rules and~. regulatons. The rght of the Assocaton to enter nto and execute contracts ~th owner operators of any communty antenna televson system (CATV), Broadband nternet provder,! Satellte Sgnal provder, or any other smlar operatons for the purpose of extendng sad servces on, ~ver, or under the Common Propertes to ultmatelyprovde sad servcesto one or more Lots. ARTCLEV COVENANTS FOR ASSESSMENTS 6.01 Personal Oblgaton of Assessments. Each Owner of a Lot by acceptahce of a deed therefore, whether or not t shall be so expressed n such deed, s deemed, as a part of the purc~ase money consderaton for such deed and conveyance, to covenant and agree to pay the Assocaton (or to dn ndependent entty or agency whch may be desgnated by the Assocaton to receve such mones): (a) (b) Regular assessment or charges for mantenance, taxes, and nsurjuce on portons of the Propertes and the Common Propertes (ncludng, wthout lmtaton, those ma~ers descrbed wthn Secton 4.01 heren);, Specal group assessments for captal mprovements or unusual 6r emergency matters, such assessments to be fxed, establshed, collected from tme to tme ~s herenafter provded; Specal ndvdual assessments leved aganst ndvdual Owners ~oremburse the Assocaton for extra costs for mantenance and repars caused by wllful or neglgent ~cts of the ndvdual Owner and not caused by ordnary wear and tear;! ndvdual assessments and fnes leved aganst ndvdual Owne~s for volatons of rules and regulatons pertanng to the Assocaton or the Common Propertes. Such assessment amount to be determned and set bytheboard; 6.02 (e) All such assessments, together wth late charges, nterest, and co~t of collecton thereof as herenafter provded, shall be a charge on the land and mprovements and sh~l be a contnung len upon each Lot aganst whch each such assessment s made and shall also be thq contnung personal oblgaton of the then-exstng Owner of such Lot at the tme whch the assessme* fell due. Creaton of Len. The Assocaton and/or Declarants, n the event thelassocaton were deemed unauthorzed by a legal body n the State of Texas to enforce ths secton, hereby r~serves a vendor's len aganst each Lot Replacement Dedcaton and Declaraton of Covenants, Condtons, and Restrctons for The Burleson Magnola Farms Homeowners Assocaton, nc. Page 7

8 ~ ---~--~_uuu to secure the payment of any assessment whch may be leved pursu~t to the terms and provsons of Sectons 6.05, 6.06, and 9.07 hereof, and the expenses ncurred n cdnnecton wth the enforcement thereof, ncludng, wthout lmtaton, nterest at the maxmum rate permtted by law, costs and attorney's fees. Such len may be enforced by approprate judcal proceedngs and the am;ounts secured thereby shall be the oblgaton of and chargeable to Owner. Such len shall be subordna~e and nferor to the followng: () assessments, lens, and charges n favor of the State of Texas for tax~s past due and unpad on the Lot; and () amounts due under any frst len deed of trust duly recorded prot to the recordaton of any len assessment as provded n Secton Assessment Len. (a) (b) All sums assed but unpad, ncludng nterest thereon at the maxlmum rate permtted by law from the date such assessments are due untl sad assessments are pad (s~bject to the provsons hereof lmtng the nterest contracted for, charged or receved to the maxmum permtted by applcable law) shall consttute a len on the Lot superor to all other lens and encum~rances, except as provded n Secton The Board or duly apponted agent may prepare a wrtten hotce settng forth the amount of such unpad ndebtedness, the name of the Owner(s) and a descrptob of the Lot and any other nformaton requred by applcable law. Such notce shall be sgned by the ~oard or ts duly apponted agent and may be recorded n the offce of the County Clerk of Johnson Cbunty, Texas. Such len may be enforced by the foreclosure of t upon the Lot by the Board or ts duly ap~onted agent. n any such proceedng, the owner shall be requred to pay costs, expense and attorney f~es ncurred n the connecton wth any such foreclosure proceedng. The Board or ts duly apponted a~ent shall have the power to bd on the Lot at foreclosure or other legal sale to acqure and hold, lease, $ell, or transfer any such Lot t may acqure. Any mortgagee holdng a len on the Lot may pay, but ~hall not be requred to pay, any unpad assessments owng wth respect to the Lot, but such payment sh~1lnot be deemed a waver of Owner's default by ether the Board or such mortgagee.! The amount of the assessment assesses aganst the Lot shall alsq be a personal oblgaton or ndebtedness to the Owner thereof at the tme of assessment s ~ade. Sut to recover a money judgment for unpad assessments shall be mantanable wthout foreclosng or wavng the len securng the same. Owner, by acceptance of the deed to the Property, hereby expressly vests n the Board or ts agents the rght and power to brng all actons aganst Owner personally for the collecton of such charges as a debt, and to enforce the aforesad lens by all methods avalable [forthe enforcement of such lens. No Owner may wave or otherwse escape lablty for the assessmept provded heren by non-use of the CommonPropertesor abandonmentof hs lot. f assessment remans unpad at the expraton of ffteen (S) cafendar days, from and after the due date by the Board, a late charge shall be assessed aganst the non-payrngowner for each day that any porton remans unpad. The late charge wll be n the amount of$3.00 per day. A $30 nsuffcent funds charge may be appled for each check returned. All late fees and servc~ charges may be adjusted from tme to tmeasdeemednecessarybytheboard. : 6.04 Purpose of Assessments. Assessments leved by the Assocaton sh~1lbe used exclusvely for the purposes of,! (a) Promotng the health, recreaton, safety, and welfare of the resdents of the Property; (b) Payment of taxes and nsurance on the Common Propertes and ~he repar, replacement, and addtons thereto; Payment for electrcty for Common Propertes; Trash and garbage collecton;! (e) Securty arrangements as may be deemed necessary and approprate by the Assocaton; (1) Payng the cost of labor, equpment or leases of equpment ther40f, and materals requred for the mantenanceof the CommonPropertes; (g) Carryngout of Board dutes; ReplacementDedcatonand Declaratonof Covenants,Condtons,and Restrctonsfor The BurlesonMagnolaFarmsHomeownersAssocaton,nc. r! Page8

9 (h) Carryng out of varous matters set forth or envsoned heren o~ n any amendment or supplemental hereto. Bass and Amount of Regular Mantenance Assessments. (a) Untl and unless otherwse determned by the Board, the maxmhm regular mantenance assessments shall be $50 per Lot per month. (b) The Board may establsh the maxmum annual assessment for e~ch Lot, provded that the maxmum annual assessment may not be ncreased more than 30% above the maxmum annual assessment for the prevous year unless otherwse approved by a majorty of the M~mbershp of the Assocaton. (e) After consderaton of current mantenance costs and the future ~eed of the Assocaton, the Board may fx the actual annual assessment at an amount equal to or less th!m the then-exstng maxmum annual assessment. J The Board may establsh a tme-prce dfferental schedule for tl).epayment of the regular assessment n whch the lowestamount s the actual regular base assessment. Mantenance assessments extend to property owners outsde the Assocaton and the Magnola Farms Subdvson who beneft &om recorded easements grantngacc~s to the Assocaton &om ther real property. Specal Assessment for Captal mprovements. n addton to the re!wlar assessments authorzed by Secton 6.03 hereof, the Assocaton may levy n any fscal year a specal ass~ssment, applcable to the year only, for the purposes of de&ayng n whole or n part, the cost of any construtton or reconstructon, unexpected repar or replacement of a descrbed captal mprovement upon the Common Propertes, ncludng any necessary fxtures and personal property related thereto, provded th~t any such assessment shall have the approval of two-thrds of the Membershp.!! Unform Rate of Annual and Specal Assessments. Both regular and ~pecal captal assessments must be fxed at a unform rate and specal captal assessments must be fxed lata unform rate for all Lots owned. Each owned by a Member shall be charged wth 100% of the establshed per Lot assessment. Date of Commencement of Assessment, Due Dates. The Board may prescrbe &om tme to tme that the regular base assessments are to be collected on an annual, sem-annu~l, quarterly, or monthly bass. Accordngly, the Board shall prescrbe the approprate due dates. Alregular base assessments shall be collected n advance. The due date or due dates (f t s to be pad n nstallments) of any other assessment or specal assessment under Secton 6.05 and 6.06 hereof, shall be fxe~ n the respectve resoluton authorzng such assessment. Dutes of the Board wth Respect to Assessments.! (a) n the event of a revson to the amount ofrate of the regular bas~ assessment, or establshment of a specal group or specal ndvdual assessment, the Board shall ~x the amount of the base assessment aganst each Lot, and the applcable due data for each assessmer,t, at least sxty (60) days n advance of such date or perod, and Board shall, at that tme, prepare a rost~r of the Lots and assessment applcable thereto whch shall be kept n the offce of the Assocaton (b) Wrtten notce of the assessment shall thereupon be delvered ormaled to every Owner subject thereto. The Board shall upon demand at any tme furnsh to any Owner ~able for sad assessment, a certfcate n wrtng sgned by an Offcer of the Assocaton, settng forth whether sad assessment has been pad. Such certfcate shall be conclusve evdence of payment of any ~sessment theren stated to have been pad. The Board for the ssuance of such certfcate may make a reasonable charge. Replacement Dedcaton and Declaraton of Covenants, Condtons, and : Restrctons for The Burleson Magnola Farms Homeowners Assocaton, nc. Page 9 ---u-u

10 ARTCLEV NSURANCE. REPAR AND RESTORA non, SECURTY ARRANGEMENTS Rght to Purchase nsurance. The Assocaton shall have the rght an4 opton to purchase, carty and mantan n force nsurance coverng any or all portons of the Common Propehes, any mprovements thereon or appurtenant thereto, for the nterest of the Assocaton and all MembJrs thereof, n such endorsements and wll such endorsements and coverage as shall be consdered good so~nd nsurance coverage for propertes smlar n constructon, locaton and uses to the subject property. Sucb nsurance may nclude, but need not be lmtedto: : (a) nsurance aganst loss or damage by fre and hazards covered byla standard extended coverage endorsement n an amount, whch shall be equal to the maxmwrt nsurable replacement value, excludng foundaton and excavaton, costs as determned annualry by the nsurance carrer; (b) Publc lablty, premses lablty, and property damage nsuran~e on such forth and n such amount as theboardmaychoose;! Fdelty bond for all offcers and employees of the Assocaton hrvng control over the recept or dsbursementof funds;and [ Offcersanddrectorslabltynsurance. nsurance Proceeds. The Assocaton and the Members shall use the ~et nsurance proceeds to repar and replace any damage or destructon of property, real or personal, covered by such nsurance. Any balance from the proceeds of nsurance pad to the Assocaton, as requred q ths Artcle V, remanng after satsfactory completon of repars and replacement, shall be retaned by the Assocaton as part of a general reserve fund for repar and replacement of the Common Propertes. nsuffcent Proceeds. f the nsurance proceeds are nsuffcent to re~ar or replace any loss or damage, the Assocaton may levy a specal assessment as provded for n Artcle [Vof ths Declaraton to cover the defcency.! Securty Arrangements. Each Owner expressly understands, coven~ and agrees wth the Assocaton that: (a) The Assocaton has no responsblty or lablty of any knd or fharacter whatsoever regardng or pertanng to the real and personal property of each Owner, (b) Each owner shall be responsble for consultng wth reputable nsurance ndustry representatve of each Owner's own selecton to select, purchase, obtan and mantan ~~proprate nsurance provdng the amount, type and knd of nsurance deemed satsfactory to each pwner coverng hs or her real and personal property; Each owner releases and holds the Assocaton harmless from arly unnsured lablty clams, causes of acton or damages or any knd of character whatsoever arsng opt of or related (drectly or ndrectly) to any and all aspects of the securty system and the prvate street 'fthn the Property, ncludng, wthout lmtaton: () The ntervewng, hrng, tranng, lcensng, bon~ng and employment of securty personnel; () The nstructons, drectons and gudelnes ssuedto or by the securty personnel; and Each Owner wll cooperate wth Declarant, the Assocaton and the Archtectural Control Commttee n connecton wth the establshment, evoluton and mantenance or reasonable controls on the pedestran and vehcular traffc nto and wthn the property and abde by aby and all rules and regulatons of the Assocaton, as adopted and promulgated from tme to tme, rel~d to the entry upon and use of the prvleged steel and other commonareas wthn the Property Replacement Dedcaton and Declaraton of Covenants, Condtons, and Restrctons for The Burleson Magnola Farms Homeowners Assocaton, nc. Page 10

11 ARTCLE V USE OF COMMONPROPERTESAND VENDORNSURANCEREGULATONS RestrctveActon by Members. No Membersshall pennt anythngltobe done on or n the Common Properteswhch would volate any applcablepublc law or zonng qrdnance,whch wll result n the cancellatonof or ncreaseof any nsurancecarred by the Assocatop,or whchwould be n volaton of any law or any rule or regulatonpromulgatedby the Board.! Damage to the Common Propertes. Each member shall be lable to *e Assocaton for any damage to any porton of the Common Propertes caused by the neglgence or wllm msconduct of the Member or hs famly and guests. Rules of the Board. All Members shall abde by any rules and regul~ons adopted by the Board. The Board shall have the power to enforce complance wth sad rules und regul~tons by all approprate legal and equtable remedes, and a member detennned to have volated sad rtjles and regulatons shall be lable to the Assocaton for all damages and costs, ncludng reasonable atto~eyls fees. Use of Common Propertes. Use of the Common Propertes shall be ~mted to Members, ther famles and guests. Wth the excepton of the regular busness actvtes ofmem~rs or the Assocaton, no person or entty shall use any porton of the Common Propertes to: (a) Solc~ promote or conduct busness, relgous, poltcal or propaganda matters; (b) Dstrbute handblls, newsetters'lflyers, crcular or other prnted materals wthout the pror wrtten consent of the Assocaton (whch!consent may be wthheld n ts sole and absolutedscreton). Prvate Street. The entry gate and street wthn Magnola Farms resdental communty are "prvate" and consttute a porton ofthe Common Propertes, whch are subject to ~e jursdcton and admnstraton by the Assocaton. n addton to other provsons appearng wthn ths Artcle, the Board s specfcally authorzed to recommend, adopt, mplement and enforce rules, regul'tons, mechansms and procedures governng use of the entry gatehouse, sdewalks, and street coverng tems such as (but not necessarly ~~~ (a) (b) (e) (t) (g) dentfcaton and entry programs for Members, ther respe9tve mmedate famles, ther guests and vehcles ownedor drven by any of them; Speed lmts, desgnated parkng areas, restrcted parkng ar~as and no-parkng areas; Sgns and graphcs to provde announcements to unauthorz~ personnel, concernng potental crmnal trespass matters; A "fnes" system through whch the Assocaton can levy ard collect fnes from ts Members for volatons of the applcable rules and regulatons; Dsclamers of lablty for all matters or occurrences on or telated to the Common Property; "Garage Sales" requre Board notfcaton and approval pr~r to sale advertsng and event; Large socal events or partes that could congest traffc flo~ wthn the Assocaton or mpede on other Members property access requre notfcaton and coordnaton wth mpacted Members to prevent ssues between such Members; Any damage to oth~r Members property by the Host Member s the lablty and responsblty of sad Host Menber, as such, Host Member wll bear any and all repar costs to damaged Members property nsurance Regulaton Concernng Vendors Conductng Busness n the Assocaton. To promote the use of reputable vendors and protect the Assocaton and ts Members fromjunnecessary lablty, the followng regulatons apply:. Replacement Dedcaton and Declaraton of Covenants, Condtons, and Restrctons for The Burleson Magnola Farms Homeowners Assocaton, nc. Page 11

12 (a) (b) (e) (f) V endo~s wll ~e requred to provde proof of Automoble nsfrance coverage for Assocaton protecton agamst any casualty or property damage caused by such vendor. Such proof wll come ether n the form of an nsurance company declaraton page showng the named Vendor, nsurng company name, polcy number, and perod of coverage or ~CORD certfcate of nsurance trom the Vendor showng the same nformaton as the nsurance cbmpany declaraton page would provde. All documentaton s subject to verfcaton. For Vendors who enter BMFHOA on a recurrng or contractlbass (lawn care, pest control, constructon project), the BMFHOA resdent procurng the \('endor wll be requred to collect the requred documentaton and forward sad documentaton to!;hepresdent of the Board or ts duly appontedboard member. For Vendors who enter BMFHOA on a "on call" bass (snglp trp repar, estmate, etc), t wll be the responsblty of the resdent procurng the Vendor to obtan and retan the requred documentaton for BMFHOA protecton n the event that sa~ Vendor has an accdent causng a casualty or Assocaton property damage. n the event the re~dent procurng the Vendor does not obtan and retan the requred documentaton and the Vendo~ does have an accdent that causes a casualty or Assocaton property damage, then the procurnglresdent wll mmedately fle for coverage under the lablty secton of ther homeowners polcy. All Vendors performng the followng functons wthn BMl1HOA wll be requred to provde proof of General Lablty nsurance: applcaton of exteror chemtals of any knd, exteror spray pantng, work on utlty or telephone lnes, nstallaton of ~gaton equpment, trenchng of any type, drllng of any type, septc work, constructon of pools' Such proof wll come ether n the form of an nsurance company declaraton page showng the lnamed Vendor, nsurng company name, polcy number, and perod of coverage; or an ACORD certfcate of nsurance trom the Vendor showng the same nformaton as the nsurance com~any declaraton page would provde. All documentatons subjectto verfcaton. All Vendors performng the followng functons wthn MF-fOA wll be requred to provde proof of Workman Compensaton or Employer Lablty nsurance! constructon projects of any type, work on utlty lnes, nstallaton of rrgaton equpment, tre~chng of any type, drllng of any type, septc work. Such proof wll come ether n the form of an ~urance company declaraton page showng the named Vendor, nsurng company name, polcy:number, and perod of coverage; or an ACORD certfcate of nsurance trom the Vendor showng t&esame nformaton as the nsurance company declaraton page would provde. All! s subject to verfcaton. Vendors can wave the coverage referenced heren provded at they provde the procurng resdent a sgned and notarzed Waver of Clam documentat~ Lablty Rghts for any and all njures to the Vendor's employees, ndependent contractors, agents or anylpersonnel under the Vendor's care, custody, or control wthn MFHOA. Ths form must be sgntkj and notarzed by any personnel performng labor of any sort n the BMFHOA for the Vendot. The procurng resdent must forward sgned forms to the Presdent of the Board or ts duly apponfed Board Member. Falure to Comply Notce. Resdents who fal to comply wth these reblatons and whose procured Vendor causes lablty or property damage to The Burleson Magnola Farms ~omeowners Assocaton, nc. could be subject to separate fne by the Board, as well as rembursement to the Assocaton for damages pad out.,, Exempt Organzatons. The followng Vendors are exempt trom thes~ requrements, due to ether Publc Utlty status or fnancal flngs that exhbt fnancal strength suffc~nt to wave nsurance requrements: Texas Electrc Servce Company, Unted Cooperatve Servces, Beth~sda Water Company, the Cty of Burleson, Johnson County Servces, Southwestern Bell Corporaton, trnty Waste Servces or any authorzed afflates thereof. ' Replacement Dedcaton and Declaraton of Covenants, Condtons, and Restrctons for The Burleson Magnola Farms Homeowners Assocaton, nc. Page 12

13 !! ARTCLE X CONSTRUCTONOF MPROVEMENTSAND USE OF LOTS-pdOTECTVE COVENANTS The Pr~pe~ (and each lot stuated ~eren) shall be occuped and use1 as follows: (a) Resdental Use. All Lots (excludmg however, those platted on Whch certan Common Propertes wll be located) shall be used for resdental purposes only. No manufactured housng wll be allowed. No buldng or structure shall be created, altered, placed or permtted to reman on ~ny Lot other than a sngle-famly dwellng and a prvate garage for two (2) or more automobles. No buldng or structure on any Lot shall exceed. three (3) stores n heght. Barns and outbuldngs are subject tllapproval of the Archtectural Control C ommlttee; l (b) Mnmum Floor Spaces. The man structure on each lot shall contafn the mnmum square footage, exclusve of porches, garages and other outbuldngs, of 2500 square reet exclusve of porches, garages, and other outbuldngs; Permtted Constructon. Any and all constructon, regardless oftypf, must have approprate County Constructon Permts regstered wth Johnson County. Copy of sad pehnt s to be gven to the Archtectural Control Commttee Charman before any approved constructon begn~; Use of Contractor. New resdence constructon or remodelng, or r~constructon of a home from pror damage to be performed by lcensed contractors. No "do t yourself" dmtractng by Lot Owner wthout approval by the ACe. \ Garage and Porte-Caches. Each sngle-famly resdence dwellng eredted on any Lot shall provde garage space or Porte-cache for a mnmum of two (2) conventonal automob~es. No garage shall drectly face a resdental street or any of the Common Propertes. The ArchtecturallControl Commttee must approve porte-caches n wrtng. All drveways are to be constructed of concrete or brck pavestones and must contan renforcngbar. Exteror Surfaces. The exteror surfaces of all resdental dwelngs shlll be constructed of at least eghty percent (80%) brck, brck veneer, stone, stone veneer, masonry, or any combnaton thereof approved by the Archtectural Control Commttee. All exteror surfaces, especally andlpanted or staned wood surfaces (ncludng wthout lmtaton garage doors) must be mantaned n gootl condton. nstallaton of all types of exteror tems and surfaces such as address numbers or external ornambntaton lghts, mal boxes, exteror pant or stan, shall be subject to pror wrtten approval ofthe Archtec~ural Control Commttee. The nstallaton of solar panels on any roof or other porton of a resdence, ~hch s vsble from any street, alley, or adjonng Lot, s expressly prohbted. All wndows, whch are vs~le from any resdental street, shall be covered wth draperes or blnds wthn thrty (30) days after the date qn whch the man structure s occuped. Tn fol or newspaper coverng of wndows n expressly pro~bted. Constructon Completon Tme. Owner must complete constructon o~ mprovements wthn one (1) year from the date on whch constructon has begun. Constructon s deem~ to have begun when the pad ste s excavated. n the event that a resdence s partally damaged or totally ~estroyed by fre or other causes, the Owner of such resdence must ether rebuld or restore the damaged re~dence, or porton thereof, and must commence such rebuldng or restoraton wthn 120 days after the oc~rrence causng the damage or destructon. No rebuldng or restoraton shall commence untl plans ~d specfcatons have been submtted to the Archtectural Control Commttee (and are subsequently approv~) as requred n Artcle X hereof. n the event the Owner does not desre to rebuld or restore the resdencej the Owner must clear away all remanng debrs and restore the Lot to the condton n whch t exste:d pror to the ntal constructon. Roofs. Allroofsshallbe: (a) Constructed of slate, 240 lb. composton materal wth a color an~ physcal appearance resemblng new or weathered cedar wood shngles wth a 30 year warranty or bett~r, metal, or tle; (b) Approved by the Archtectural Control Commttee; and ; Replacement Dedcaton and Declaraton of Covenants, Condtons, and Restrctons for The Burleson Magnola Farms Homeowners Assocaton, nc. Page _u uu-- u

14 Otherwsebe n complancen all respectswth applcableordn~nces.the roof ptch of any structure shall be sx (6) feet n twelve (12) feet or better.! Fencng. Acceptable fencng materals are wrought ron, ppe, or co-ral style pvc. "No clmb" wre s acceptable to attach to ppe style fencng. Wood fencng, not exceedng sx feet (6') n heght may be used around pool pump only. Retanng walls can be constructed of brckl or stone. Defntons of structures. Structures are classfed by the followng:! 1. A garage s defned as a structure that requres a foundf1ton and has suffcent room for two (2) or more prvate passenger class car or lght trucks. Garages must have a masonry exteror that s harmony wth the prmary resdence. Garages m~y be attached or unattached to the prmary resdence. Garages are requred to have electrbty to be able to provde lghtng and addtonal power for optonal electronc openers. DoorJ for garages must be sectonal n nature - no roll up doors allowed. No buldng, garage, or de$ched structure may face street. 2. A buldng s defned as any detached structure that s greater than 12 feet by 12 feet, requres a foundaton, and s attached to the drveway of the sngle famly dwellng, and can have water and electrcty. Buldngs must be n harmony wth th~ prmary resdence. Buldngs must be constructed behnd the prmary resdence. Buldngs c~not face a resdental street or any of the common Propertes. Buldngs are lmted to two (2) per Lot, not ncludng garages. 3. A barn s defned as any structure that s greater than 112feet by 12 feet that s used to lvery horses or cattle. Barns must be made of a metal or masbnty exteror and coordnate wth the Owner's prmary sngle famly dwellng. Barns cannot be adjacent to nor attached to the Owner's prmary sngle famly dwellng. Barns must ~e at the rear of the Owner's property lne. Barns may have water and electrcty. Barns cannpt face a resdental street or any of the CommonPropertes. 4. An outbuldng s any structure that s less than or equat 1 to 12 feet by 12 feet. Exteror materal may be masonty, metal, or sdng. All sded outbuldngs must be panted to match the Owner's prmary sngle famly dwellng wthn wee~ of constructon. Outbuldngs not constructed on a concrete or pavestone foundaton must have lattce attached to the exteror porton of the outbuldng that s exposed to the elemeqts. Sded outbuldngs must have a roofng system that matches the Owner's prmary snglf-famly resdence. Outbuldngs may have water and electrcty. Outbuldngs are lmted to ro (2) per Lot. Septc Svstems. Septc systems must be an aerobc system engneereu to meet the necessary dspersal requrementsforthehomeswastewaterdsposal. Propane Tanks Used for Utlty and Applance Heatng. Propane sto$ge tanks must be a mnmum of 15 feet from any electrcal generatng devce, panted and exhbtng no rust~and nspected by a lcensed propane dealer annually. Propane tanks can be bured provded the Owner ha$ obtaned the proper permt from the TNRCC. Swmmng Pools. Pools are to be n ground, and of gunte constructon. Homes wth pools must have at least a four (4) foot fence ether around the pool area or the permeter of the Owner's property. Automatc pool covers on tracks that can cover the entre water surface area are!by themselves unacceptable. A fence must be present.! Landscapng. Landscapng by defnton s the nstallaton of plant m1ateralto enhance the beauty of homes on Owner's Lot, as well as to enhance the aesthetc beauty of the ne~hborhood. The specfc varety of plants used s at the sole dscreton of each homeowner, as long as th~ plants do not block the vew of vehcles usng the roadway, or mpede onto adjacent propertes. Eac~ lot shall be fully landscaped wthn one hundred eghty (180) days of completon of new constructon an~ conssts of the followng: Replacement Dedcaton and Declaraton of Covenants, Condtons, and Restrctons for The Burleson Magnola Farms Homeowners Assocaton, nc. Page 14

15 1. Plantng Beds are the areas n whch plants are nstalle~ and may nclude ground cover, mulches, ornamental rock or gravel. A plantng bed do~s not nclude turf grass. At mnmum, a plantng bed must extend across the front of the housel exclusve of open porches. Landscapng of the back of the house s not mandatory. All plants and plantng beds shall be mantaned at all tmes of the year. Mantenance ncludh prunng of shrubs and weedng of beds at regular ntervals to preserve an attractve appearlmce. 2. Turf areas consst of all rrgated and non-rrgated gras~ areas of the property of whch you own. Turf areas are to be properly mantaned at all tm,bsby provdng regular mowng to preserve a neat appearance. Areas that produce wld fl wers are exempt from weekly mowng untl the end of the growngseason, at whchtme these areas must be mantanedat a maxmum of 6-8" 3. rrgaton s not mandatory,but s recommended. Ho lever,f an rrgatonsystem s nstalled, t s mandatorythat lne locator test be perfonyed by the local utltesto locate and J flag all undergroundlnes pror to dggng. Specal Condton Relatng to 209 Sherrv Lane. The landscapng ' e South sde of the garage buldng located at 209 Sherry Lane shall be contnuously mantaned wth the exstng landscapng, ncludng but not lmted to all shrubs, trees and other landscapng and shall be replace onf as needed by the current owner(s) of sad property. Lot Dranage. Approprate dranage s requred for all propertes. Cu~verts must be professonally excavated and landscaped wth grass. Use of sandy loam sol n culverts s not rbcommended. Parkng of Trucks. Buses. and Tralers. No truck or bus (except a pas~enger van for prvate use) or traler shall be left parked on any street n front of any Lot, except for constrrcton and repar equpment whle a resdence, or resdences, are beng bult or repared n the mmedate vcnty. No truck, bus, boat, or traler shall be parked n the drveway or any porton of the Lot n such a m~ner as to be vsble from the street. Storage of Boats. Tralers. and RV's. Storage areas for boats, tralers, land recreatonal vehcles are to be at the furthermost rear area of the Owner's property lne as measured from the street. For boats, tralers, and recreatonal vehcles twenty (20) feet or greater n length, t s recomrbended that the owner construct a parkng pad constructed of pavestone or concrete. A lcensed contracfur must perform any parkng pad constructed for ths purpose. No more than two (2) boats, tralers, recteatonal vehcles, or a combnaton thereof may be parked on the Lot at the furthermost rear of the prope~ lne as measured from the street. For Owner's wth more than two (2) boats, tralers, recreatonal vehcles, pr a combnaton thereof, sad Owner s to have sad tems stored n a buldng or garage on sad Lot. f the L9t n queston cannot accompany a buldng for sad tems, then Lot Owner wll be requred to park sad ~temsat a storage faclty away from the Propertes. Sgns. No sgn or sgns shall be dsplayed to the publc vew on any ~ot except that; (a) Any bulder durng the applcable ntal constructon and sales perod may utlze one professonal sgn (f not more than nne (9) square feet n sze) per Lot fot advertsng and sales purposes provded that such sgn must be approved by the commttee;1 (b) Sgns, letterng or other dsplays (collectvely "advertseme~h on Lot Owner vehcle(s) advertsng ther trade or busness provded:!. Not more than advertsement per sde of the yehcle s dsplayed on the Owner's.. vehcle(s), wth a total of2 advertsements perlvehcle(s) Not more than 1 vehcle dsplayng sad advert~sement The vehcle(s) must be operatonal and used or}a normal and customary bass Replacement Dedcaton and Declaraton of Covenants, Condtons, and Restrctons for Tbe Burleson Magnola Farms Homeowners Assocaton, nc. Page 15

16 (e) (f) (g) v. A Lot Owner may have more than 1 vehcle dflayng sad advertsement, provded, however, that sad addtonal vehcle(s) are stofd n a buldng or garage or otherwse n such a manner as to not be vsble trom the s~eet. A "for sale" sgn (of not more than nne (9) square feet n sze) may be utlzed by the Owner of the respectvelot for the applcable sale or rent stuaton: Sgns dsplayng the name of a securty company shall be perpttted, provded that such sgns are a. Groundmounted; r b. Lmted to two (2) n number (one n the tront yard and Jne n the back yard); c. Are authorzed sgns produced by sad company d. Subjectto the pror wrtten approvalof the Commttee. Sgns that are temporary n nature (.e. "garage sale" sgns) sjould only be permtted for a specfc perod of tme upon approval by the Commttee of a wrtten request by the ndvdual Lot Owner descrbng the nature of the sgn and the tme perod for whc~ t wll be dsplayed. Garage sales n general, wth or wthout sgns, are stll subject to Board appr1val pursuant to Artcle V. Sgns whch support local, state, & natonal electons. Sgns n support of local educatonal facltes, sports teams, or other communtysanctonedsgns. Sgns n support of governmentalor mltarysupport. Any sgn other than the type and sze referenced n ths sectqnrequresapproval trom the ArchtecturalControl Commttee. Easements; Utltes. The street, all alleys and easements shown on th~ recorded plat of the Property may have no structure of any type whatsoever n these easement areas, nor may an Owner use the surface of all easement area or any other areas descrbed wth recorded easement ardas, documents, and the Common Propertes except local publc utlty companes and ther respectve subcessors. Publc utlty and servce companes shall have the rght of access, ngress, egress and use of the surface estate for the nstallaton and mantenance of utlty facltes. Temporary Structure. No temporary structure of any knd shall be eretted or placed upon any Lot. Temporary structures s hall nclude, but not be lmted to, any garage, ~ervant's house or other mprovement erected more than one hundred twenty (120) days pror to the complet~on of the man porton of the snglefamlydwellng.! [! Garbage; Weeds. Not Lot shall be used or mantaned as a dumpng Jound for rubbsh, trash or garbage. All garbage contaners shall be placed at the ntersecton of the drvew~y and the street n tront of the dwellng on the day of collecton, and otherwse such contaners shall be n complance wth applcable ordnances.f after ten (to) days pror to wrtten notce an Owner shalt fal to () controlweeds, grass and/or other unsghtly growth; () remove trash, rubble, buldng and constru~ton debrs; or () exercse reasonable care or conduct to prevent or remedy an unclean, untdy or ~nsghtly condton, then the Board shall have the authorty and rght to go onto sad Lot for the purpose of mowng and cleanng sad Lot, and the Assocatonmay recover trom the owner of such a Lot a sum not ~oexceedfve HundredDollars ($500.00) for mowng or cleanng sad Lot on each assessment, together wth nterest (at the hghest permtted lawful rate per annum) thereon and any cost of collecton, thbreof, shall be a charge on the Lot and shall be a contnung len, upon the Lot aganst whch such assessrl.ent s made. Each such assessment, together wth nterest thereon and cost of collecton thereof, shall also be the contnung personal oblgaton of the Owner of such Lot at the tme when the assessment occurred. T~e len securng any such assessment shall be subordnate and nferor to the len of any mortgage and any r~newal or extensons thereof exstng pror to the assessment date. Offensve Actvtes; Pets. No noxous or offensve actvty whch s qr may become an annoyance or nusance wthn the Property or any porton thereof. No damaged or npperable automobles or machnery shall be left parkng or standng on the Property or any street abuttng tny Lot. No poultry or swne of any Replacement Dedcaton and Declaraton of Covenants, Condtons, and Restrctons for The Burleson Magnola Farms Homeowners Assocaton, nc. Page 16

17 knd shall be rased bred or kept on any Lot. Dogs, cats, and other ~~usehold pets may be kept wthn the confnes of the Owner's property, provded that they are not bred, j~antaned or kept for commercal purposes and further provded that all Owner's shall comply wth t~e applcable ordnances. Owners may keep horses and/or cattle on any Lot as follows: (a) Up to a total off our (4) horses and/or head of cattle o~ Lots contanng a total of two and onehalf (2.5) acres or greater; (b) Up to a total of two (2) horses and/or head of cattle 0' Lots contanng a total of one and onehalf (1.5) acres or greater, but less than 2.5 acres Up to a total of sx (6) horses and/or head of cattle on, ots contanng a total of fve (5) acres or greater. Addtonal horses may be allowed when properly and resthetcally mantaned n a stall envronment, only upon wrtten approval of the Arch~ectural Control Commttee. Re-subdvsonNot Allowed.No Lot shall be re-subdvdedor splt except as allowed n Secton of ths Declaraton. Owners who own more than one lot and wll only ~evelop one of the lots may fle to have the property re-platted to be treated as one lot. Sad owners wll onlt be lable for dues for the platted lot. Ol Development and Mnng Prohbted. No ol well drllng, devel~pment, refnng, mneral quarryng, or mnng operatons of any knd shall be permtted. No ol well, tank, b';nnel, mneral excavaton, or shaft shall be permtted on any Lot. No derrck or other structure desgned for 'se n borng for ol, natural gas, or other mnerals shall be erected, mantaned,or permtted on any Lot. \ Water wells. Subject to ACC approval and any regulatory approval hs requred by the State of Texas. l 9.23 Rental/Leasng of Property. Should a member of the BMFHOA ren~or lease ther property, the followng condtons are applcable: (a) (b) The renter/lessees subjectto all the same Covenants,Condtonsand Restrctonsas the Lot Owner, ncludngths Declaraton; - () the Lot Owner, as part of the rental/leasejagreement wth the () renter/lessee, wll nclude a copy of the tfs Declaraton; the Lot Owner, as part of the rental/lease\agreement wth the renter/lessee, wll obtan specfc, wrtter1 acknowledgement that the renter/lessee s bound by, and m~st follow all Covenants, Condtons and Restrctons, ncludng ths Declaraton; The Lot Owner must supply the BMFHOA wth curreht contact nformaton ofthe Owner and the renter/lessee n order that communcaton wth the [BMFHOA can be mantaned; Membershp dues and any other assessments must be lurrent at all tmes; Tenant volatons wll not be tolerated. f the leased o~ rented property falls nto volaton of the Covenants, Condtons and Restrctons, ncludnglths Declaraton the followng actons wlloccur: () Wrtten notfcaton of the volaton wll be sent by certfed or regstered mal to the renter/lessee and t~e Lot Owner; Replacement Dedcaton and Declaraton of Covenants, Condtons, and Restrctons for The Burleson Magnola Farms Homeowners Assocaton, nc. Page 17 m-' --_ m n--

18 () () (v) The Lot Owner wll have fourteen (14) d~ys to correct sad volaton; f the volaton s not corrected, assessmerts wll be leved aganst the Lot Owner as set forth heren;1 f the renter/lessee volates ths Declaraton whereby Board acton, as outlned above, occurs more thk two (2) tmes for the same volaton, the Lot Owner wll h 1vethe opton to ether: 1 1. Provde contractservceat the LotlOwner's expense so that the volatondoes hot reoccur; or 2. Termnatethe rental/leaseagreemjnt to.03 ARTCLE X ARCHTECTURAL CONTROL Archtectural Control Commttee (ACC). The BMFHOA shall elect kacc consstng of not less than three (3) or no more than fve (5) qualfed persons who shall serve at the ~leasure of the Board. Assocaton Members may hold a poston on the ACe. The ACC wll elect one ~1)person to serve as Char. The authorty of the ACC relates to the revew of plans and specfcaton~. The ACC s empowered to requre further detals or documentaton from the applcant f the applcatonls found to be ncomplete. A majorty vote o~complanc~ or n~n-complance of.applcaton gu~elnes by ~e ACC wll consttute a quorum.. Anythmg covered m Artcle X or X herem does not requre ACC approval. Any request that falls outsde of Artcle X or X does requre ACC approval. Approval of Plans and Specfcatons. The purpose of the Commtte~ s to revew all applcatons, and/or plans and specfcatons pertanng to any and all mprovements to all resdental deeded property ncluded n the Magnola Farms Subdvson as recorded n the Johnson County heed Records. The Commttee must revew and approve, n wrtng, all of the followng mprovements tolthe Property: (a) (b) Constructon of any buldng, barn, outbuldng, wall, fence, or 9ther structure not specfcally ncluded heren Any exteror addton or alteraton, ncludng exteror repar or r~placement, of any buldng, barn, outbuldng, wall, fence, or other structure not specfcally nclu;ed heren. Any landscapng or gradng of any lot or lots wthn the Prope~ ncludng, but not lmted to new or renovaton constructon, culvert desgn and/or mantenance, and rrgaton, not specfcally ncluded ~~, Approval for Work to be Performed, Acceptable Manner of Applcaton and Communcaton To obtan approval for work to be performed, Owner of Lot(s) must submt all ~ans and specfcatons for the proposed work to the ACC n wrtng. Such plans shall nclude and ~tal the nature, shape, heght, materals, colors, and locaton of the proposed work. Applcatons may be sent to the ACC Char for Commttee dstrbuton n one of the followng forms: U.S. Mal va certfed return, facsmle wth confrmaton of recept prnted on the sent document, electronc malwth a read recept attachment, or the Commttee Char n person. The applcant should obtan a sgned an? dated notce of delvery from the Char. f electronc mal s used and revew documents are to be attaqhed, the fle format for use wll be a portable document fle (pdt). As such, these forms may also be used to communcate wth the ACC, but only f all ACC Members are ether present or receve nformaton va oth~r methods n the same manner, tmng, and content. Applcatons per telephone conversatons are not allowep. ACC Members may dscuss the applcaton n person as a group, by teleconference, or by electronc tpal conference wth all members n,, Replacement Dedcaton and Declaraton of Covenants, Condtons, and Restrctons for The Burleson Magnola Farms Homeowners Assocaton, nc. Page

19 attendance. f meetngs are not n person, t s the responsblty ofth~ Commttee Char to have provded the other Memberswth the applcatonand nformatonfor revew. Revew of Submtted Applcatons The ACC shall revew applcato~s for proposed work to () ensure conformty of the proposal wth these Covenants and Restrctons, ard () ensure harmony of external desgn n relaton to surroundng structures and topography. An applcaton should be submtted followng the gudelnes as set forth n Secton of ths document. An applcaton can be rejected for ncomplete nformaton. n rejecton of an applcaton, the ACC should detal th~ reasons for rejecton and suggest how the applcant could remedy the defcences.. Falure of the ACC to Act. f the ACC fals to accept or reject an ap*-lcaton for proposed work wthn a 30 (30) calendar days of orgnal submsson, the applcant Owner must ~e the followng acton to resolve the matter: (a) (b) Send a certfed letter wth return recept to the ACC Car requestng fnal acceptance or rejecton of the applcatonfor work to be performed.ten (10) calendardays must pass wthout response from the ACC Char before the Owne~ applcant proceeds to the next step. A certfed copy of the letter wll be sent to each member pf the Board as well. f the ACC Char has not responded to the certfed letter from the Owner applcant wthn ten (10) calendar days of recept of letter, Owner applcant ~ arrange to meet before the Board to present the applcaton for revew. A certfed letter wth return recept must be sent to the Board Presdent requestnga meetng for revew n the rext ten (10) calendar days from recept ofletter. The Board wll revew the applcaton for determnaton for acceptance or rejecton. f the Board cannot meet wth the Owner applcant for appldton revew wthn the ten (10) calendar days from the recept of the certfed letter, the, Owner applcant wll be deemed to be n complance wth ther applcaton and sad project wm be approved by default. However, under no crcumstances of falure to act and through an applcaton approval by default wll an Owner be allowed to perform work to th~ Lot that contradcts these Covenants and Restrctons. f sad Owner through approval by default constructs or otherwse bulds a project that does not conform or ensure harmony to the~e Covenants and Restrctons, sad Owner wll be n volaton of sad document. As such, ~ad Owner wll be subject to all legal remedes avalable to the Assocaton; ncludng but no~ lmted to the destructon of sad volaton., Remedy to Lot Owner for ACC Declnaton or ACC Falure to Act: ~hould a Lot Owner fal to obtan approval for a submtted project, sad Lot Owner has the opton to submt ther project to the entre BMFHOA for revew and approval. Lot Owner wll be responsble for delvery to ALL BMFHOA Members the same plans for applcaton submtted to the ACC. Lot Owner wll notfy BMFHOA Presdent n wrtng upon fnal delvery and confrmaton of submsson to all BMFHOA Members. Confrmaton may nclude Certfed US Mal, copes offacsmle transmsson, verfcaton of r9turn recept through electronc mal, or a hand wrtten acceptance by each Member upon delvery by Lot Owner Applcant. Applcaton and submsson revew to all BMFHOA Members wll be lmted to no mpre than thrty (30) days after ether 1. Formal declnaton from the ACC; or 2. After the procedure outlned 'n has been followed n ts entrety. Responses from BMFHOA Members must be n wrtng and delvered to the Presdent of the BMFHOA and wll be lmted to ten (10) days after confrmaton oftecept of project applcaton by sad Lot Owner. Seventy-fve (75) percent ofbmfhoa Members must apprdve the project to overrde an ACC declnaton or a Falure ofthe ACC to Act. Replacement Dedcaton and Declaraton of Covenants, Condtons, and Restrctons for The Burleson Magnola Farms Homeowners Assocaton, nc. Page u---- _u uu_u