Section 1 – Convenants, Conditions, and Restrictions
THIS DECLARATION, made this 26th day of April, 1983, by COPPERFIELD DEVELOPMENT, LIMITED, a Texas Limited Partnership, acting herein by and through its duly authorized Managing Partner, hereinafter referred to as “Developer”;
WHEREAS, Developer is the owner of the certain property in the County of Brazos, State of Texas, known as “Copperfield, Section One” which is more particularly described on the attached Exhibit “A” made a part hereof for all purposes; and
WHEREAS, Developer desires to provide for the preservation of the values and amenities, and for enhancing the desirability and attractiveness of the Properties described on Exhibit “A”, and for the maintenance of open spaces and other common facilities, and to this end, desires to subject said real property described on Exhibit “A”, together with such additions as may hereafter be made thereto (as provided in said Article II, Section 2.02, and other related provisions) to the covenants, restrictions, conditions, easements, charges and liens, hereinafter set forth, each and all of which is and are for the benefit of said Properties, each of the owners thereof, and the community; and
WHEREAS, Developer has deemed it desirable to create an agency to which should be delegated and assigned the powers of maintaining and administering and enforcing the covenants, conditions, and restrictions and collecting and disbursing the assessments and charges as hereinafter created.
NOW, THEREFORE, the Developer hereby declares that all of the Properties described in Exhibit “A”, together with the Common Properties described in Exhibit “B”, shall be held, sold, and conveyed subject to the following easements, restrictions, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Properties. These easements, covenants, restrictions, and conditions shall run with the real property and shall be binding on all parties having or acquiring any right, title or interest in the above described Properties, or any part thereof, their heirs, executors, successors, and assigns, and shall inure to the benefit of each Owner hereof.
1.01. The following words when used in this Declaration or any Supplemental Declaration (unless the context shall prohibit) shall have the following meanings:
(a) “Association” shall mean and refer to Copperfield Owners’ Association, Inc., its successors and assigns.
(b) “Properties” or “Property” shall mean and refer to all that certain real property described on Exhibit “A”, and additions thereto, as may be made subject to this Declaration under the provisions of Article II, Section 2.02, hereof.
(c) “Common Properties” or “Common Areas” shall mean that Real Property described on Exhibit “B” attached hereto and made a part hereof for all purposes and such additional real property as may hereafter be annexed under the provisions of Article II, Section 2.02, and designated as “Common Properties” or “Common Areas”, all of which shall be intended to be devoted to enhancing the value and attractiveness of the Properties and any additional Properties annexed hereto and for the common use and enjoyment of the Owners of the properties or Owners of any additional land annexed hereto and the Members of the Association.
(d) “Lot” shall mean and refer to those certain tracts or parcels of land, being 279 in number, shown upon the recorded subdivision map of the Properties recorded in Volume 532, at Page 821, of the Deed Records of the Brazos County, Texas, and designated with a numerical number thereon and any such tract or parcels of land within any addition to the existing Properties as any hereafter be made pursuant to Article II, Section 2.02, hereof. Developer shall be the owner of all of said lots, save and except only those particular lots which Developer conveys in fee simple title by recordable deed from and after the date hereof.
(e) “Living Unit” shall mean and refer to any portion of a building situated upon a lot designed and intended for use and occupancy as a residence by a single family.
(f) “Multifamily Dwelling or Structure” shall mean and refer to any building containing two or more living units under one roof except when each such living unit is situated upon its own individual lot.
(g) “Owner” shall mean and refer to the record owner, whether one (1) or more persons or entities, of the fee simple title to any lot situated within the Properties but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
(h) “Member” shall mean or refer to all those Owners who are members of the Association as provided in Article III, Section 3.01, hereof.
(i) “Size A Single Family Dwelling” shall mean and refer to any building which is designed or used exclusively for single family residential purposes and has a minimum of 1800 square feet of heated area, exclusive of open porches, screened porches, steps, carports, or garages.
(j) “Size B Single Family Dwelling” shall mean and refer to any building which is designed or used exclusively for single family residential purposes and has a minimum of 1400 square feet of heated area, exclusive of open porches, screened porches, steps, carports, or garages.
(k) “Size C Single Family Dwelling” shall mean and refer to any building which is designed or used exclusively for single family residential purposes and has a minimum of 1200 square feet of heated area, exclusive of open porches, screened porches, steps, carports, or garages.
(l) “Size D Single Family Dwelling” shall mean and refer to any building which is designed or used exclusively for single family residential purposes and has a minimum of 1000 square feet of heated area, exclusive of open porches, screened porches, steps, carports, or garages.
(m) “Patio Homes” shall mean and refer to any building which is designed and used exclusively for single family residential purposes, which may extend from side property line to side property line, and has attached thereto an uncovered or partially uncovered brick, tile, or concrete patio.
(n) “Townhouse” or “Townhome” shall mean one (1) or a group of no less than three (3) attached living or dwelling units used exclusively for single family residential use, with each such living or dwelling unit being located on a separate lot.
(o) “Apartment Dwelling” shall mean and refer to a building or portion thereof used or intended to be used as a home for five (5) or more families or living units independent of each other and equipped for preparation of food.
(p) “Dwelling” shall mean and refer to any building or portion thereof which is designed or used exclusively for residential purposes.
(q) “Structure” shall mean and refer to anything constructed, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground.
(r) “Principal Dwelling or Structure” shall mean and refer to the principal structure or dwelling which fulfills the use and purpose for which the lot is intended.
(s) “Duplex Dwelling” shall mean and refer to any building containing two individual living units situated upon one individual lot.
(t) “Fourplex Dwelling” shall mean and refer to any building containing four (4) individual living units under one roof situated upon one (1) individual lot.
u) “Single Family” shall mean any number of related persons or not more than four (4) unrelated persons living as a single housekeeping unit.
(v) “Construction and Sale Period” shall mean that period of time during which Developer is developing the Properties and selling the same, which time period shall extend from the date hereof until such time as Developer transfers title to all of the lots, including all lots annexed pursuant to the provisions of Article II, Section 2.02.
(w) “Lienholder” or “Mortgagee” shall mean the holder of a mortgage lien on any lot or living unit of the Properties.
PROPERTY SUBJECT TO THIS DECLARATION:
2.01. Existing Property. The real property which is, and shall be, held, transferred, sold, conveyed, and occupied subject to this Declaration is located in the State of Texas, County of Brazos, and is more particularly described in Exhibit “A” and Exhibit “B” (Common Property) hereto attached and made a part hereof for all purposes, as though the same were copied herein verbatim.
1.2. Annexations. The Developer, its successors and assigns, shall have the right to bring within this Declaration additional properties and common properties in future stages of the development, thereby subjecting such additional lands to this Declaration, in accordance with the terms and conditions of Article VIII, Section 8.05, hereinafter provided.
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
3.01. Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any lot which is subject by covenants herein or any other covenants of record to assessment by the Association shall be a member of the Association, provided that any such person or entity who holds such interest merely as security for the performance of any obligation shall not be a member. Membership shall be appurtenant to and may not be separated from any ownership of any Lot which is subject to assessment by the Association. No Owner shall have more than on (1) Membership.
3.02. Voting Rights. The Association shall have two (2) classes of voting membership:
Class A. Class A Members shall be all those owners as defined in Section 3.01 with the exception of the Developer. Class A Members shall be entitled to one (1) vote for each lot in which they hold the interests required for membership by Section 3.01. Provided however, in the event the Developer or its successor should declare in any Supplemental Declaration of Covenants and Restrictions annexing additional properties under the provisions of Article II, Section 2.02, that certain lots or tracts therein shall be permitted to be used for purposes of apartment dwellings or condominiums (as defined by the Statute of the State of Texas) then the Class A Member which hold the ownership interest in said lot or tract required for membership by Section 3.01, shall be entitled to four (4) votes for each lot or tract designated for said use and purposes. When more than one (1) person holds such interest or interests 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 (1) vote be cast with respect to any such lot or more than four (4) votes for any lot or tract designated for apartment or condominium purposes.
Class B. Class B member(s) shall be the Developer and its successor. The Class B Member(s) shall be entitled to three (3) votes for each lot in which it holds the interest required for membership by section 3.01. If there should be lots or tracts in any properties annexed under the provisions of Article II, Section 2.02, designated for apartment and/or condominium use, then the Class B Member(s) shall be entitled to twelve (12) votes for each such designated lot or tract in which it holds the ownership interest thereto required for membership by Section 3.01. Provided however, that the Class B Membership shall cease and become converted to Class A Membership on the happening of any of the following events, whichever occurs earlier;
(a) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or
(b) January 1, 1990.
From and after the happening of these events, whichever occurs earlier, the Class B Member shall be deemed to be a Class A Member entitled to the votes as above provided for Class A Members in the lots in which it holds the interests required for membership under Section 3.01.
At all meetings of the Association, there shall be no cumulative voting.
3.03. Members Meeting.
(a) There shall be an annual meeting of the Members of the Association. The first annual meeting will be held on the third Tuesday in May, 1984, and Developer will notify all members at least one (1) week in advance of the exact time and place. Subsequent annual meetings will be determined by the Board of Directors and provided for in the Bylaws.
(b) The initial Board of Directors shall serve until said annual meeting, at which time a new Board will be elected by a majority vote of Members voting. The Board of Directors shall consist of at least three (3) persons, and not more than nine (9), as will be determined by Members voting at the first annual meeting, and subsequently, as will be provided in the Bylaws.
(c) The Board of Directors shall be responsible for the affairs of the Association and shall adopt such Bylaws and regulations as necessary to carry out its functions, but cannot adopt Bylaws or regulations which are contrary to provisions as set out herein.
3.04. Non-Profit Corporation. Copperfield Owners’ Association, Inc., shall be a non-profit corporation, and all duties, obligations, authority, benefits, liens and rights hereunder in favor of the Association shall vest in said Corporation.
3.05. Bylaws. The Association may make whatever rules or bylaws it may choose to govern the organization; provided, however, that the same are not in conflict with the terms and provisions hereof.
3.06. Inspection of the Records. The members of the Association shall have the right to inspect the books and records of the Association at reasonable times during the normal business hours.
PROPERTY RIGHTS IN THE COMMON PROPERTIES
4.01. Members’ Easements of Enjoyment. Subject to the provisions of Section 4.03 of the Article IV, every member of the Association shall have a right and easement of enjoyment in and to the Common Properties and such easement shall be appurtenant to and shall pass with the title to every lot.
This applies to both existing Common Property as herein described and additional lands annexed as common Properties under the provisions of Article II, Section 2.02, in that all the Common Property is for the use of all members when and if said land is developed in accordance with the provisions contained herein.
4.02. Title to the Common Properties. The Developer may retain the legal title to the Common Properties until such time as it has completed improvements and/or landscaping thereon, if any, and until such time as, in the opinion of the Developer, the Association is able to maintain the same, but notwithstanding any provision herein, the Developer hereby covenants for itself, its successors and assigns that it shall convey all right, title and interest it has in the Common Properties to the Association not later than the 1st day of January, 1990. Upon conveyance the Common Properties shall remain undivided and shall, at all times, be owned by the Association or its successors and assigns.
4.03. Extent of Members’ Easements. The rights and easements of enjoyment created hereby shall be subject to the following:
(a) The right of the Developer and /or of 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 to mortgage said Common Properties; and
(b) The right of the Association, as provided herein and in its Articles and Bylaws, to suspend the enjoyment rights of any member for any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations; and
(c) The right of the Association to charge reasonable admission and other fees for the use of the Common Properties and recreational or other facilities located thereon; and
(d) The right of the Association to limit the number of guests of members and to limit or prohibit Members who do not occupy dwellings existing on their lot from using the Common Area facilities when the same is occupied by tenant or tenants other than the Owner; and
(e) The right of the Association to dedicate or transfer all or any part of the common Properties to any public agency or authority, subject to such conditions as may be agreed to by the Members of the Association. No such transfer or dedication shall be effective unless:
(i) An instrument of agreement to such dedication or transfer, signed by two-thirds (2/3) of each class of members entitled to vote is properly recorded, in the Deed Records of Brazos County, Texas, and
(ii) Written notice of proposed action under this provision is sent to every Owner and Lienholder not less than fifteen (15) day nor more than sixty (60) days in advance of said action.
4.04. Delegation of Use. Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Properties and facilities to the members of his family, his tenants or contract purchasers who reside on the Property. The Owners hereby covenant that any lease executed on a Lot or any Living Unit thereon shall be in writing and contain provisions binding any lessee thereunder to the terms of the Restrictions, rules and regulations applicable to the Property, and the Common Properties and further providing that non-compliance with the terms of the lease shall be a default thereunder.
COVENANT FOR MAINTENANCE ASSESSMENT
5.01. Creation of the Lien and Personal Obligation of Assessments. The Developer for each lot owned by it within the Properties hereby covenants and each owner of any lot by acceptance of a deed therefore, 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; (1) annual assessments or charges; and (2) special assessments for capital improvements; such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided shall be a charge on the land and shall be a continuing lien upon the lot or lots against which each such assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due.
5.02. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of: (1) promoting the recreation, health, safety, and welfare of the residents in the Properties; (2) for enhancing the desirability and attractiveness of the Properties; (3) for the improvement and maintenance of the Common Properties; and for the services and facilities relating to the use, benefit and enjoyment thereof; and (4) if authorized by the Board of Directors of the Association, for the maintenance of any Property which has been dedicated to the City or the Public lying within the Properties (or within any additionally annexed Properties). Assessments shall include, but are not limited to, funds to cover the actual cost of operation of the Association; all taxes; management fees, accounting or legal fees; insurance costs; the costs of maintenance, care and improvements of the Common Properties and any additional Common Properties that may be annexed under Article II, Section 2.02; the care, maintenance and repair of the entranceway to the Copperfield Subdivision, including the “Copperfield” entrance sign, the lighting incidental thereto, and the grounds appurtenant thereto, as described on Exhibit “B” attached hereto; the maintenance, landscaping, improving and care of grounds that are dedicated to the public lying within the Properties and/or Common Properties such as the median area located within the confines of Copperfield Drive, drainage lakes, ponds, walkways, or other publicly dedicated easements, rights-of-ways or drainageways; and the cost of constructing, maintaining and repairing other facilities and cost of other service activities, including mowing grass, landscaping, and maintaining sprinkler systems, street lighting or other necessary lighting, construction and maintenance of swimming pools, tennis courts, jogging paths, recreational buildings and facilities, and purchasing, operating and paying for equipment, utility charges and for such other things necessary or desirable in the opinion of the Association to keep the Properties, the Common Properties, and any additionally annexed properties, attractive, neat and in good order or which, in the opinion of the Association, shall be of general benefit to the owners and occupants of the lots and the Properties. It is understood that the judgment of the Association in the expenditure of said funds shall be final and conclusive as long as such judgment is exercised in good faith.
5.03. Basis and Maximum of Annual Assessments.
(a) Until January 1 of the year immediately following the conveyance of the first lot within the Properties described on Exhibit “A” to an owner, the Board of Directors of the Association shall fix the annual assessment rate per lot but in no event shall the annual assessment exceed a maximum of FORTY-EIGHT AND NO/100 ($48.00) DOLLARS per lot.
(b) From and after January 1 of the year immediately following the conveyance of the first lot within the Properties to an owner, the maximum annual assessment may be set effective January 1 of each year, without a vote of the membership, by an amount not to exceed One Hundred Twenty (120%) Per Cent of the budget of the preceding year.
(c) From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be set above One Hundred Twenty (120%) Per Cent by a vote of the Members as hereinafter provided.
(d) The Board of Directors of the Association may, after consideration of current maintenance costs and further needs of the Association, fix the actual assessment for any period year at a lesser amount.
(e) For the purpose of figuring the amount of assessment, where a single family residential dwelling is constructed on more than on lot, (as lot is shown by recorded plat), then and in that event, such dwelling shall be, for the purpose of assessment, considered as one lot, and the owner of such dwelling shall not be entitled to more than one vote.
5.04. Assessments for Capital Improvements. In addition to the annual assessments authorized by Section 5.03 hereof, the Association may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Properties, including, but not limited to , swimming pools, tennis courts, lakes, ponds, jogging paths and other recreational facilities, together with fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members at least thirty (30) days in advance and shall set forth the purpose of the meeting.
5.05. Change in Basis and Maximum of Annual Assessments. Subject to the limitations of Section 5.03 hereof, and for the periods therein specified, the Association may change the maximum and basis of the assessments fixed by Section 5.03 hereof (prospectively) for any such period provided that any such change shall have the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members at least thirty (30) days in advance and shall set forth the purpose of the meeting.
5.06. Quorum for Any Action Authorized Under Sections 5.04 and 5.05. The quorum required for any action authorized by Section 5.04 and 5.05 hereof, shall be as follows:
At the first meeting called, as provided in Section 5.04 and 5.05 hereof, the presence at the meeting of members, or of proxies, entitled to cast sixty (60%) of all votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 5.04 and 5.05 and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than thirty (30) days following the preceding meeting.
5.07. Date of Commencement of Special Assessment.
(a) As to each lot owned by any Owner other than Developer, the annual assessment shall commence on the date that such lot is conveyed by Developer to Owner.
(b) Any provision contained in this instrument to the contrary notwithstanding, as long as Developer owns any Class B Voting Rights, as set out in Article III, Section 3.02 herein, Developer shall not be liable for annual or special assessments as set out in Article V. Provided however, the Developer shall be responsible for the difference in the cost borne by the Association and the assessments received from the lot owners holding Class A Votes. Provided further, any Owner who is a bona-fide builder and/or contractor who has purchased three (3) or more lots from the Developer for purposes of constructing dwellings thereon and selling the same to subsequent purchasers, shall not be liable for the annual assessments as set out in Section 5.03 of this Article in the event the Developer notifies the Association in writing that said owner is a bona-fide builder and/or contractor and that the Developer shall continue to be responsible for the difference in the cost borne by the Association and the assessments received from all of the other lot owners holding Class A Votes who do not qualify hereunder as a bona-fide builder and/or contractor. Such exemption shall terminate as to any lot or lots which said builder leases or sells or at any time the Developer should notify the Association of the Developer’s desire to terminate its responsibility to pay for the costs as above described for the benefit of such builder and/or contractor. The builder shall then be assessed and pay assessments on the same basis as any other Class A Member.
(c) The annual assessment shall be due and payable in advance by each owner to the Association, in monthly installments.
(d) The Assessment for the first year shall be fixed by the Association prior to the sale of the first lot to an owner. Except for the first year, the Association shall fix the amount of the assessment at least thirty (30) days in advance of each assessment year, which shall be the calendar year; provided, however, that the Association shall have the right to adjust the assessment upon thirty (30) days written notice given to each owner, as long as any such adjustment does not exceed the maximum permitted hereunder. Written notice of the assessment shall be sent as soon as is practicable to every owner subject thereto. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association setting forth whether the annual and special assessments on a specified lot have been paid and the amount of any delinquency. Reasonable charge may be made by the Association for the issuance of these certificates. Such certificates shall be conclusive evidence of the payment of any assessment therein stated to have been paid.
5.08. Effect of Non-Payment of Assessment; The Personal Obligation of the Owner; The Lien; Remedies of the Association.
(a) Payment of the assessments shall be both a continuing and affirmative covenant, personal to the owner, (other than the Developer and as provided in Section 5.07b) and a continuing covenant running with the land. Each owner, and each prospective owner is hereby placed on notice that such provision may operate to place him in the responsibility of payment of the assessment attributable to the period prior to the date of his purchase of a lot. Payment of said assessment shall be made to said Association at its principal place of business or such other place the Association may otherwise direct or permit.
(b) Any assessment which is not paid when due shall be delinquent and any such assessment which is not paid within thirty (30) days after the date of delinquency, shall bear interest from the date of delinquency until paid, at the rate of Ten Per Cent (10%) Per Annum or at such other rate of interest as may be set by the Association not exceeding the maximum interest rate permitted under applicable law.
(c) The Association may, at its option, bring an action at law against the owner personally obligated to pay the same; or to upon compliance with Notice provisions as hereinafter set forth, foreclose the lien against the lot as hereinafter provided. Expenses incurred in connection therewith, including interest, costs and reasonable attorney’s fees shall be chargeable to the owner in default and recoverable in such action. Each owner vests in the Association or its assigns, the right and power to bring all actions at law against such owner for the collection of such delinquent assessments and to foreclose such lien against such owner of the lot or lots. Provided, however, under no circumstances shall the Developer or the Association be liable to any owner or to any other person or entity for failure or inability to enforce or attempt to enforce any assessments. In addition, to the extent permitted by law, Developer reserves and assigns to the Association, without recourse, a vendor’s lien against these lots to secure payment of an annual assessment and a special assessment which is levied pursuant to the terms hereof.
(d) No action shall brought to foreclose said assessment lien under the power of sale herein provided less than thirty (30) days after the date a notice of claim of lien is deposited with the Postal Authority, Certified or Registered, Postage Prepaid, to the Owner of said lot, and a copy thereof recorded by the Association in the office of the County Clerk of Brazos County, Texas; said notice and claim must cite a good and sufficient legal description of any such lot, record owner or reputed owner thereof, the amount claimed (which may, at the Association’s option, include interest on the unpaid assessment, plus reasonable attorney’s fees and expenses of collection in connection with the debt secured by said lien), and the name and address of the Claimant.
(e) Any such sale provided for above, is to be conducted in accordance with the provisions applicable to the exercise of power of sale in mortgages and Deeds of Trusts, as set forth in Article 3810 of the Revised Civil Statutes of the State of Texas, or in any other manner permitted by law. Each owner, by accepting a deed to his lot, expressly grants to the Association a power of sale, as set forth in said Article 3810, in connection with the assessment lien. The Association, through duly authorized agents, shall have the power to bid on the lot at foreclosure sale and to acquire and hold, lease, mortgage and convey the same.
(f) The assessment lien and the right to foreclosure sale hereunder shall be in addition to and not in substitution for all other rights and remedies which the Association, and its successors and assigns, may have hereunder and by law, including a suit to recover money judgment for unpaid assessments, as above provided. The officers of the Association are hereby authorized to file or record, as the case may be, an appropriate release when any default has been cured for which a notice of claim of lien was filed by the Association. The Association may charge such fee as it deems appropriate to cover the costs of preparing and filing and recording such release.
5.09. Data not included in original legal document.
5.10. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any duly recorded purchase money or first mortgage now or hereafter placed upon the Properties subject to assessment; provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such Property pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such Property from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment.
5.11. Exempt Property. The following Property subject to this Declaration shall be exempted from the assessments, charge and lien created herein;
(a) All Properties to the extent of any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use;
(b) All Common Properties as defined in Article I, Section 1.01(c), hereof;
(c ) All Properties exempted from taxation by the laws of the State of Texas upon the terms and to the extent of such legal exemption.
Notwithstanding any provisions herein, no land or improvements devoted to dwelling use shall be exempt from said assessments, charges and liens.
5.12. Insurance Requirements. The Association, through its Board of Directors, or its duly authorized Agent, may obtain a comprehensive policy of public liability insurance covering all of the Common Properties insuring the Association, with such limits as it may consider acceptable, such coverage to include protection against liability for property of others and any other coverage the Association deems prudent and which is customarily carried with respect to projects similar in construction, location and use. The Association may, if it deems proper and necessary, obtain property insurance on the Common Properties and facilities owned by the Association affording protection against loss or damage by fire and other hazards covered by the standard extended coverage endorsement and any such other risks as shall be customarily covered with respect to projects in similar construction, location and use.
5.13. Management Agreements. Each owner of a Lot hereby agrees to be bound by the terms and conditions of all management agreements entered into by the Association relative to performing the duties, responsibilities and authorities of the Association.
5.14. Additional Properties and Common Areas. The Association shall use the proceeds of the assessments for the use and benefit of all of the owners the Properties described on Exhibit “A” as well as all owners of any additional properties that may be annexed under Article II, Section 2.02. Provided, however, that each future phase or section, so annexed, to be entitled to the benefit of the assessment fund must be impressed with and subjected to the assessment charges herein, on an equitable basis, with the existing Properties assessed herein and further made subject to the jurisdiction of the Association.
ARCHITECTURAL CONTROL COMMITTEE
6.02. The Architectural Control Committee shall be initially composed of: The Architectural Control Committee shall be initially compose of:
Gary L. Woodard
1735 Briarcrest Drive
Bryan, TX 77801
Morris F. Hamilton, Jr.
1735 Briarcrest Drive
Bryan, TX 77801
Pierce P. Stacy, III
504 East 27th Street
Bryan, TX 77801
who by majority vote may designate a representative or representatives to act for them (the term “Architectural Control Committee” as used herein shall refer to the individuals name above, their assigns, as permitted herein, or the Committee’s designated representatives). Any two members will constitute a quorum and the vote of any two will control the action of the committee. In the event of death or resignation of any member of the Architectural Control Committee, the remaining members shall have full power to designate a successor and until such successor member or members have been so appointed, the remaining member or members shall have the full right, power and authority to carry out the functions of the Architectural Control Committee as provided herein. At any time, a majority of the members of the Association shall have the power by resolution at a meeting of the members called for that purpose, to change, replace, or elect a new member or members to the Committee.
ADDITIONAL COVENANTS AND RESTRICTIONS
7.01. Land Use: Except for Common Properties and facilities, the Properties described on Exhibit “A” are hereby restricted to residential dwellings for residential use only and any land use designations or other provisions stated on the Subdivision Plat of Copperfield, Section One, recorded in Volume 532, Page 821, Deed Records of Brazos County, Texas, to the contrary notwithstanding, no lot within the Properties so described on Exhibit “A” shall be used for purposes other than the following particular residential purposes or have constructed thereon any residential dwelling other than the following particular residential dwellings:
|Lot and Block||Permitted Use|
|Lots 1 through 25, Block 2
Lots 1 through 17, Block 3
|Type A Single Family Dwelling with minimum heated area of 1800 square feet|
|Lots 1 through 32, Block 1
Lots 1 through 9, Block 4
Lots 18 through 35, Block 3
|Type B Single Family Dwelling with minimum heated area of 1400 square feet|
|Lots 1 and 2, Block 5
Lots 10, 11, 12, Block 4
Lots 33 though 42 and
55 though 84, Block 1
Lots 1 through 32, Block 7
Lots 29 through 47, Block 6
|Type C Single Family Dwelling with minimum heated area of 1200 square feet|
|Lots 3 through 19, Block 5
Lots 1 through 20, Block 8
Lots 33 through 37, Block 7
Lots 49 through 54, Block 1
|Type D Single Family Dwelling with minimum heated area of 1000 square feet|
|Lots 43 through 48, Block 1
Lots 22 through 28, Block 6
|Lots 1 through 21, Block 6||Townhouse 0r Townhome with Minimum heated area of 850 square feet|
7.02. Lot Sizes: No residential dwelling shall be built on any lot of a size and dimension less than the following for each dwelling:
|Dwelling||Minimum Lot Size|
|Type A Single Family Dwelling||Minimum of 80 feet by 120 feet|
|Type B Single Family Dwelling||Minimum of 70 feet by 120 feet|
|Type C Single Family Dwelling||Minimum of 65 feet by 100 feet
in the event an alley is constructed
at the rear of the lot
Minimum of 65 feet by 110 feet
in the event an alley is not constructed
at the rear of the lot
|Type D Single Family Dwelling||Minimum of 65 feet by 110 feet|
|Townhomes or Townhouses||Minimum of 25 feet by 100 feet|
|Patio Homes||Minimum of 50 feet by 105 feet|
7.03. Dwelling Size: Every dwelling to be constructed on any lot or lots shall be restricted to the following minimum square footage, exclusive of screened porches, open porches, steps and garages:
Type A Single Family Dwellings shall have a minimum of 1800 square feet of heated area.
Type B Single Family Dwellings shall have a minimum of 1400 square feet of heated area.
Type C Single Family Dwellings shall have a minimum of 1200 square feet of heated area.
Type D Single Family Dwellings shall have a minimum of 1000 square feet of heated area.
Townhouses or Townhomes shall have a minimum of 850 square feet of heated area.
Patio Homes shall have a minimum of 950 square feet of heated area.
7.04. Minimum Materials Required: Only new construction material (except for used brick) shall be used and utilized in the construction of any dwelling situated on any lot and all main dwelling structures situated on any lot shall have no less than fifty-one (51%) per cent of its exterior wall area constructed of brick or other masonry material, unless otherwise approved in writing by the Architectural Control Committee. All wood exteriors for all structures must be approved by the Architectural Control Committee.
7.05. Floor Plans, Structural Elevations, Color Combinations and Building Lines: The Architectural Control Committee shall have the authority to set the building lines, limit the repetitious use of identical floor plans, structural elevations, exterior color combinations of dwellings and structures to be constructed and used on any lot or lots within the Properties. Provided, however, the following shall be minimum standards governing the use of identical floor plans, structure elevations and exterior color combinations and setting building lines and location of dwellings and structures:
(i) Repetitious use of floor plans shall be limited as follows:
For Type A Residential Dwellings – No More Than Four such dwellings having a floor plan of the same and identical nature may be constructed on any of the lots within the Properties.
For Type B Residential Dwellings — No More Than Five such dwellings having a floor plan of the same and identical nature may be constructed on any of the lots within the Properties.
For Type C Residential Dwellings — No More Than Six such dwellings having a floor plan of the same and identical nature may be constructed on any of the lots within the Properties.
For Type D Residential Dwellings — No More Than Six such dwellings having a floor plan of the same and identical nature may be constructed on any of the lots within the Properties.
For Townhouses – The repetitious use of floor plans of a same and similar nature for townhouses or townhomes must be approved by the Architectural Control Committee.
For Patio Homes — The repetitious use of floor plans of a same and similar nature for patio homes must be approved by the Architectural Control Committee
(ii) No two (2) dwellings with the same or similar elevations shall be constructed and used on lots which are adjacent and contiguous to each other, except for Patio Homes and Townhouses.
(iii) No structure shall be located on any lot nearer than the minimum building setback lines (front and rear) shown on the recorded plat of the Properties. No structure, except for patio homes and townhouses, shall be located nearer to any interior lot line less than 7 ½ feet. Where required by the Architectural Control Committee, dwelling location and elevations shall be staggered so as not to permit a common sight line from the side elevation of a dwelling with dwellings on adjacent and contiguous lots.
(iv) Except for townhouses and patio homes, the same or similar exterior color combinations of shingles, brick or other materials shall not be used on dwellings constructed on lots which are adjacent and contiguous to each other, unless otherwise approved by the Architectural Control Committee.
7.06. Garages and Carports: Where alleys are required or constructed at the rear of any lot or lots, then rear entrance garages and/or carports must be provided. Any front entry garages or carports shall be approved by the Architectural Control Committee as well as the size, dimensions and exterior construction material used of any garages and carports. The construction and use of any portion of a lot or lots for parking areas shall be approved by the Committee as well as its size and dimension and the material to be used.
7.07. Fences: All fences on any lot or lots in the Properties must extend to the side and rear property lines or easement lines. All fences must be approved as to design and material by the Architectural Control Committee. No chain link material or wire mesh material shall be permitted for any fence to be constructed on any lot or lots within the Properties.
7.08. Landscaping: The Architectural Control Committee shall approve the landscaping plans and specifications for each lot and shall have the authority to require such landscaping features as it determines in its judgment reasonably necessary to protect the development scheme, harmony and the aesthetics of the Properties. Any lot at the completion of the construction of a dwelling thereon must have existing or planted thereon a minimum of two (2) trees of at least five (5′) feet in height and at least eight (8) shrubs of one gallon in size thereon, and such lot or lots shall be seeded and/or sprigged with grass, unless otherwise approved by the Architectural Control Committee. Landscaping shall be completed on each lot or lots within ninety (90) days from the date of the completion of the construction of a dwelling thereon in accordance with such approved plans and specifications, except in cases where inclement weather prohibits the same, in which event such ninety (90) day period shall be continued for the number of days that weather conditions prohibited the completion of such landscaping.
7.09. Signs: No sign of any kind shall be displayed, erected or maintained on any lot except one (1) sign of not more than thirty-two (32) square feet advertising the property for sale or rent, or used by a builder to advertise the property during the construction and sales, or used by Developer in connection with the development of Copperfield Subdivision. The entrance sign located or to be located in the front of the Copperfield Subdivision is excluded from this provision.
7.10. Animals: No animals, livestock, or poultry of any kind shall be bred, raised, or kept on any lot or common properties, except dogs, cats, or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purpose.
7.11. Illegal Purposes: No lot or any part thereof shall be used for illegal or immoral purposes.
7.12. Other Buildings: No house trailer, mobile home, van, tent, shack, garage, barn, or other outbuilding shall at any time be used as a residence, temporarily or otherwise. No mobile home or house trailer shall be placed or parked on any lot at any time for any purpose.
7.13. Old Buildings: No structure, other than temporary buildings placed thereon by the Developer or Builder for purposes of constructing improvements thereon shall be moved upon any lot or lots within the Properties.
7.14. Rentals: Renting to roomers or to a second family occupying the lot is prohibited, unless such lot has constructed thereon a permitted duplex, fourplex, or multifamily dwelling as herein provided.
7.15. Antennae: No television or radio antennae shall be erected or maintained at the front of any dwelling nor shall they be placed upon the roof of any dwelling so as to stand or be supported by that portion of the roof which slopes toward the front lot line. No radio, aerial wires, nor guy wires for antennae shall be maintained on any portion of a lot forward of the front building of said lot.
7.16. Yards: All yards of a dwelling shall be maintained so as to be an aesthetical asset to the dwelling.
7.17. Maintenance of Property, Easements, Drainage Detention Areas, Areas Designated for Courtyard: No owner of any lot, either vacant or improved, shall be permitted to let such lot and improvements thereon go unmaintained, and he shall keep the same in a neat and orderly manner. The owner of any lot or lots shall maintain all creeks, drainage areas, drainage detention areas, utility easements, and other easements located on such owner’s lot or lots and shall kept the same neat, clean and in good order. Any owner of the areas designated on the Subdivision Plat of the Properties as “Courtyard”, “Drainage and/or Utility Easements”, shall be responsible for maintaining such area and keeping the same in good order and in a neat and clean condition. In the event an owner shall fail to maintain such premises and improvements situated thereon in a neat and orderly manner, the Architectural Control Committee or the Association shall have the right through its agents and employees, to enter upon said property and to repair, maintain, clean and restore said property and any improvements thereon, all at the expense of the owner.
7.18. Storage of Materials: No building material of any kind or character shall be placed or stored upon any residential lot except when the owner is ready to commence improvements thereon, and then such material shall be placed within the property lines. No stumps, trees, underbrush or any refuse of any kind, or scrap metal from the improvements being erected on nay lot shall be placed on any adjoining lots, streets or easements. All such material, if not disposed of immediately, must remain on the property upon which construction work is in progress, and at the completion of such improvements, such material must be immediately removed from the property.
7.19. Oil, Gas and Mining Operations: No oil and gas drilling, oil and gas development operations, oil and gas refining, or quarrying or mining of any materials or any operation or explorations of any kind shall be permitted upon the Properties or on any Lot, nor shall any type of wells, tanks, tunnels, mineral excavations, or shafts or pipelines or battery tanks be so permitted upon any lot. No derrick or other structure shall be used in boring for oil and/or natural gas wells or shall be erected, constructed, placed or permitted upon any lot.
7.20. Nuisances: No noxious or offensive activity shall be permitted upon any lot, nor shall anything be done thereon which may be, or become, an annoyance or nuisance to the neighborhood. No activity shall be carried on upon any lot or common property which might reasonably be considered as giving annoyance to the neighbors of ordinary sensibilities and which might be calculated to reduce the desirability of the property as a residential neighborhood, even though such activity is in the nature of a hobby and not carried on for profit. The Board of Directors of the Association shall have the sole and exclusive discretion to determine what constitutes an annoyance.
8.01. Duration. The covenants and restrictions of this declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, the Architectural Control Committee, or the owner of any land subject to this declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five (25) years from the date this declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then owners of two-thirds (2/3) of the lots has been recorded, agreeing to change said covenants and restrictions in whole or in part. Provided, however, that no such agreement to change shall be effective unless made and recorded and unless written notice of the proposed agreement is sent to every owner at least ninety (90) days in advance of any action taken.
8.02. Enforcement. 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, its Architectural Control Committee 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.
8.03. Amendments by Developer.
(a) This declaration may be amended during the first twenty-five (25) year period by an instrument signed by owners of not less than seventy-five (75%) per cent of the lots now in the Development or which may hereafter be annexed thereto in accordance with the provisions with these Restrictions.
(b) The Developer shall have and reserves the right during the construction and sale period, without the joinder or consent of any owner or mortgagee, to amend this Declaration by any instrument in writing duly signed, acknowledged, and filed for record, for the purpose of clarifying any ambiguity or conflicts herein or correcting any inadvertent misstatements, errors or omissions herein, or to comply with the requirements of the Federal Home Loan Mortgage Corporation, Federal National Mortgage Corporation, Federal National Mortgage Association, Veteran’s or Federal Housing Administration, provided that no such amendment shall change the vested property rights of any lot owner except as provided in Paragraph A of this Article.
8.04. Leases. Any lease agreement between an owner and a lessee shall be in writing and provide that the terms of the lease are subject to the provisions of the Declarations, Bylaws and Articles of Incorporation and any violation of any provision of said documents will be a default under the terms of the lease.
(a) Additional Properties and common areas may be annexed to the Property describe in Exhibit “A” with the consent of two-thirds (2/3) of each class of members of the Association;
(b) Notwithstanding anything contained in subparagraph A of this Paragraph 8.05 above, Developer shall have the right without the consent of any other owners or any mortgagee to bring within this Declaration all or any part of the real property on Exhibit “C” attached hereto and made a part hereof, at any time on or before January 1, 1990, in one (1) or more future stages or additions of developments and/or as Common Properties. Provided however, nothing in this Declaration shall be construed to represent that Developer, its successors or assigns, are under any obligation to add or annex such real property to this Declaration, nor shall said real property be subject to this Declaration, its covenants, conditions and restrictions unless the same is so annexed by the filing of Supplemental Declarations of Covenants and Restrictions as hereinafter provided.
(c) Any such additional properties annexed hereunder shall be developed in accordance with a general plan of development under which the architectural standards prevailing in this Declaration will be continued to such additional properties so annexed. Provided, however, such Supplemental Declarations of Covenants and Restrictions may contain such complimentary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added properties, which may include, but is not limited to, authorizing land use within the annexed properties for duplex, fourplex, condominium, apartment or other multifamily dwellings and for a school site, establishing different lot sizes, as well as different sized single family dwellings, townhouses, and patio homes. Provided further, such Supplemental Declarations may contain modifications, which shall pertain to the annexed Properties only, relative to assessments, so as to establish, when considering the assessments then prevailing for the existing Properties, a fair and equitable basis and maximum charge for lots used for multifamily or other purposes not found within the existing Properties. In no even, however, shall such supplementary declarations revoke, modify or add to the covenants and restrictions established by this Declaration relative to the existing Properties as so described on Exhibit “A”.
(d) The additions authorized under this paragraph shall be made by filing of record Supplemental Declarations of Covenants, Conditions and Restrictions with respect to the additional property annexed which shall extend the scheme of these Declarations to such annexed Property, and make such complimentary additions and modifications thereto, as above described, as may be necessary to reflect the different character, if any, of the additional Properties.
8.06. Interpretation. If this Declaration or any word, clause, sentence, paragraph, or other part thereof shall be susceptible of more than one or conflicting interpretations, then the interpretation which is most nearly in accordance with the general purposes and objectives of this Declaration shall govern.
8.07. Omissions. If any punctuation, word, clause, sentence, or provision necessary to give meaning, validity, or effect to any other word, clause, sentence, or provision appearing in this Declaration shall be omitted herefrom then it is hereby declared that such omission was unintentional and that the omitted punctuation, word, clause, sentence, or provision shall be supplied by inference.
8.08. Notices. Any notice required to be sent to any member or owner under the provisions of this declaration shall be deemed to have been properly sent when mailed, postage prepaid, to the last known address of the person who appears as owner of the Deed Records of Brazos County, Texas.
8.09. Gender and Grammar. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, males or females, shall in all cases be assumed as though in each case fully expressed.
8.10. Severability. Invalidation of any one or more of the covenants, restrictions, conditions or provisions contained in this Declaration, or any part thereof, shall in no manner effect any of the other covenants, restrictions, conditions, or provisions hereof, which shall remain in full force and effect.
8.11. Retainage of Oil, Gas and Other Minerals by Developer. There had been conveyed or reserved to previous owners of the Properties herein described certain rights, title and interest in, and to oil, gas and other minerals in and under the Properties or that may be produced from the same. The Developer shall have and reserve the right to retain any remaining oil, gas and other mineral interests in and to the sub-surface of the property herein described, including those situated under streets, alleys or easements of public dedication by the Developer.
RATIFICATION: LIENHOLDERS AND CURRENT LOT OWNER
1.1. UNITEDBANK, HOUSTON, TEXAS, the owner and holder of a lien covering all of the property herin described, has executed this declaration to evidence its respective joinder in, consent to, and ratification of the imposition of the foregoing covenants, conditions and restrictions.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS
THAT, WHEREAS, a Declaration of Covenants, Conditions and Restrictions for Copperfield was executed by Copperfield Development, Limited, a Texas Limited Partnership, and filed for records in the County Clerk’s Office of Brazos County, Texas, on or about May 5, 1983, and recorded in Volume 574, page 627, of the Brazos County, Texas, Deed Records, pertaining to the property therein described including the following described property:
BEING all of Copperfield, Section One, an addition to the City of Bryan, Brazos County, Texas, according to and as shown on the Plat of record, recorded in Volume 532, at Page 821, of the Deed Records of Brazos County, Texas; and
WHEREAS, Article VII, Paragraph 7.05 subparagraph (iii) of the Declaration erroneously established side yard building lines at not less than seven and one-half ( 7 ½) feet from interior lot lines; and
WHEREAS, an amendment to correct the error to a distance of not less than five (5) feet in the Declaration is desires; and
WHEREAS, Article VIII, Paragraph 8.03 of the Declarations specifically provides for amendment of the Declaration by written instrument executed by owners of not less than seventy-five per cent (75%) of the lots in Copperfield, Section one;
NOW, THEREFORE, it is hereby agreed, assented to and approved by and between the undersigned owners that the Declaration of Covenants, Conditions and Restrictions recorded in Volume 574, at Page 627, of the Brazos County, Texas Deed Records, be and the same are amended so an Article VII, paragraph 7.05, entitled “Floor plan, Structural Elevation, Color Combinations and Building Lines” of the Declaration of Covenants, Conditions and Restrictions will hereafter read as follows for all intents and purposes:
“7.05. Floor Plans, Structural Elevations, Color Combinations and Building Lines: The Architectural Control Committee shall have the authority to set the building lines, limit the repetitious use of identical floor plans, structural elevations, exterior color combinations of dwellings and structures to be constructed and used on any lot or lots within the Properties. Provided, however, the following shall be minimum standards governing the use of identical floor plans, structure elevations and exterior color combinations and setting building lines and locations of dwellings and structures:
(i) Repetitious use of floor plans shall be limited as follows:
For Type A Residential Dwellings: No More Than Four such dwellings having a floor plan of the same and identical nature may be constructed on any of the lots within the Properties.
For Type B Residential Dwellings: No More Than Five such dwellings having a floor plan of the same and identical nature may be constructed on any of the lots within the Properties.
For Type C Residential Dwellings: No More Than Six such dwellings having a floor plan of the same and identical nature may be constructed on any of the lots within the Properties.
For Type D Residential Dwellings: No More Than Six such dwellings having a floor plan of the same and identical nature may be constructed on any of the lots within the Properties.
Townhouses: The repetitious use of floor plans of a same and similar nature for townhouses or town homes must be approved by the Architectural Control Committee.
Patio Homes: The repetitious use of floor plans of a same and similar nature for patio homes must be approved by the Architectural Control Committee.
5. No two (2) dwellings with the same or similar elevations shall be constructed and used on lots
which are adjacent and contiguous to each other, except for Patio Homes and Townhouses.
6. No structures shall be located on any lot nearer than the minimum building setback lines (front
and rear) shown on the recorded plat of the Properties. No structure, except for patio homes and townhouses, shall be located nearer to any interior lot line a distance less than five (5) feet. Where required by the Architectural Control Committee, dwelling location and elevations shall be staggered so as not to permit a common sight line from the side elevation of a dwelling with dwellings on adjacent and contiguous lots.
7. Except for townhouses and patio homes, the same of similar exterior color
combinations of shingles, brick or other materials shall not be used on dwellings constructed on lots which are adjacent and contiguous to each other, unless otherwise approved by the Architectural Control Committee.”
All of the other Covenants, Conditions and Restrictions contained in the Declaration are hereby expressly declared to remain unchanged and continue in full force and effect.
IN WITNESS WHEREOF, the undersigned, being the Developer, the Lien holder, and not less than 75% of all current lot owners, have executed this Amendment to the Declaration of Covenants, Conditions and Restrictions for Copperfield, this the 8 day of June, 1983.
UNITEDBANK, HOUSTON, TEXAS * W. RALPH TERNA, PRESIDENT, LIENHOLDER
COPPERFIELD DEVELOPMENT, LIMITED, A TEXAS LIMITED PARTNERSHIP,
MORRIS F. HAMILTON, JR., GENERAL PARTNER, DEVELOPER;BILL LERO,
LERO CONSTRUCTION CO.* WILLIAM J. LERO. PRESIDENT; RICHARD M. WEISSER; FRANK FIELDS; MATNEY FIELDS
JOINT VENTURE * RAY BRITTON; JAMES FIELDS ATTERBURY