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PARKWOOD HILL ESTATES - GEN - Recorded 2nd Supp Notice of Filing to HOA
Read the Notice of Assessment Increase
Declaration of Covenants (Exhibit "E")
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From the City of Fort Worth - Nuts and Bolts of Residential Building Permits

PARKWOOD HILL ESTATES HOMEOWNERS ASSOCIATION, INC.

EXHIBIT E
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR PARKWOOD HILL ESTATES

 THIS DECLARATION is made on the date hereinafter set forth by Lumbermen’s Investment Corporation, a Delaware corporation, hereinafter referred to as the “Declarant.”

WITNESSETH

WHEREAS, the Declarant is the owner of certain real property in the City of, Fort Worth, Tarrant County, Texas, which is described in Exhibit “A” attached hereto and made a part hereof.

WHEREAS, Declarant desires to create an exclusive planned community known as PARKWOOD HILL ESTATES of which the Affected Lots are a part and such other land as may be added thereto pursuant to the terms and provisions of this Declaration;

NOW, THEREFORE, the Declarant declares that the Affected Lots (hereinafter described) shall be held, sold and conveyed subject to the restrictions, covenants and conditions declared below, all of which shall be deemed to be covenants running with the land and imposed on and intended to benefit and burden each Affected Lot and other portions of the Property (hereinafter described) in order to maintain within the Property a planned community of high standards.  All of such covenants shall be binding on all parties having any right, title or interest therein or any part thereof, their respective heirs, personal representatives, successors and assigns, and shall inure to the benefit of each Owner thereof.

ARTICLE I
DEFINITIONS

Section 1. “Property” shall mean and refer to the real property described in Exhibit “A” and such additions thereto as may be brought within the jurisdiction of the Association and be made subject to this Declaration.

Section 2. “Association” shall mean and refer to the Parkwood Hill Estates Homeowners Association, Inc., a Texas not-for-profit corporation established for the purpose set forth herein.

Section 3.  “Lot” shall mean and refer to any plot of land indicated upon any recorded subdivision map of the Property or any part thereof creating single-family homesites, with the exception of the Common Area and areas deeded to a governmental authority or utility, together with all improvements thereon.

Section 4. “Affected Lot” shall mean and refer to those Lots now existing on the Property or such lots that are hereafter added to the membership of the Association from time to time as allowed by this Declaration.

Section 5. “Unit” shall mean and refer to any residential dwelling situated upon any Lot.

Section 6. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Affected Lot, including contract sellers, but excluding those having an interest merely as security for the performance of an obligation.

Section 7. “Declarant” shall mean and refer to Lumbermen’s Investment Corporation, a Delaware corporation, its successors and assigns who are specifically designated as the successor-in-interest to the Declarant in writing by the Declarant, and who consent in writing to assume the duties and obligations of the Declarant with respect to the Lots acquired by such successor or assign.

Section 8. “Common Areas” shall mean and refer to (i) the wall(s) and landscaping, as shown on any recorded subdivision may of the Property or any part thereof, (ii) that portion of the property hereinafter depicted as the “Swim Club” by the Declarant and recorded in the Real Property Records of Tarrant County, Texas, and all related fixtures, machinery, equipment, appliances and utility facilities now or hereafter installed therein or attached thereto and (iii) any and all entry features and entrance monuments, and (iv) all other property hereafter designated by the Declarant as “Common Areas”.

Section 9.  “Common Maintenance Areas” shall mean and refer to the Common Areas and the entrance monuments, drainage facilities, detention ponds, right-of-way landscaping, and such other areas lying within dedicated public easements or right-of-way as deemed appropriate by the Board of Directors of the Association for the preservation, protection and enhancement of the property values and the general health, safety or welfare of the Owners.

Section 10.  “Declaration” shall mean and refer to this Declaration of Covenants, Conditions and Restrictions for Parkwood Hill Estates, and any amendments, annexations and supplements thereto made in accordance with its terms.

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ARTICLE II
PARKWOOD HILL ESTATES HOMEOWNERS ASSOCIATION, INC.

Section 1. Membership.  The Declarant and every other Owner of an Affected Lot, shall be a member of the Association.  Membership shall be appurtenant to and shall not be separated from ownership of any Affected Lot.  Every member shall have the right at all reasonable times during business hours to inspect the books of the Association.

Section 2. Funding.  Subject to the terms of this Article, Declarant, for each Affected Lot owned by Declarant, hereby covenants to pay, and each Owner of any Affected Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, covenants and agrees to pay (as a portion of the consideration and purchase money paid by each such Owner for such Affected Lot) to the Association:  (1) annual assessment or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided.  Such assessments will remain effective for the full term (and extended term, if applicable) of this Declaration.  The annual and special assessments, together with interest, costs, and reasonable attorney’s fees, shall be a charge on the land and shall run with the land and be a continuing lien upon the Lot against which each such assessment is made.  Each such assessment, together with interest, costs and reasonable attorney’s fees shall I also be the personal obligation of the person who was the Owner of such Affected Lot at the time when the assessment fell due.  The personal obligation for delinquent assessments shall not pass to the successors in title of such Owner unless expressly assumed by them.

Section 3. Assessments.

a)      Units Owned by Class A Members. Subject to the terms of this Article, each Affected Lot is hereby subject to an initial maximum assessment of $30.00 per month or $360.00 per annum [until such assessment shall be increased in accordance with the By-Laws of the Association (provided that the maximum annual assessment may be increased each year not more than 10% above the maximum assessment for the previous year without a vote of the membership of the Association, as provided in the By-Laws of the Association)], for the purpose of creating a fund to be designated and known as the “assessment fund”, which assessment will be paid by the Owner of each Affected Lot (which Owner is also a Class A member) in advance in monthly, quarterly or annual installments, commencing as to an Affected Lot on the earlier to occur of (i) one hundred twenty (120) days after the conveyance of such Affected Lot to a Class A Member by Declarant or (ii) completion of the Unit on such Affected Lot owned  by a Class A Member’ however, Affected Lots owned by Declarant or any other Class B Member shall not be subjected to any assessments unless and until Declarant or such other Class B Member(s) complete construction of a Unit on such Affected Lot.  The rate at which each Affected Lot will be assessed, and whether such assessment shall be payable monthly, quarterly or annually, will be determined by the Board of Directors of the Association at  least thirty (30) days in advance of each affected assessment period.  Said rate may be adjusted from time to time by the Board of Directors as the needs of the Association may, in the judgment of the Directors, require.  The assessment for each Affected Lot shall be uniform.  The Association shall, upon written demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether or not the assessment has been paid for the assessment period.

b)      Purpose of Assessment Fund.  The Association shall establish an assessment fund composed of Owners’ annual assessments and shall use the proceeds of such fund providing for normal, recurring maintenance charges for the Common Maintenance Areas for the use and benefit of all members of the Association.  Such uses and benefits to be provided by the Association may include, by way of clarification and not limitation, any and all of the following: normal, recurring maintenance of the Common Maintenance Areas (including, but not limited to, cleaning mowing, edging watering, clipping, sweeping, pruning, raking, and otherwise caring for existing landscaping and related facilities) and the improvements to such Common Maintenance Areas, such as sprinkler systems, and private streets, if any, provided the Association shall have no obligation (except as expressly provided hereinafter) to make capital improvements to the Common Maintenance Areas; payment of all legal and other costs and expenses incurred in connection with the enforcement of all recorded covenants, restrictions and conditions affecting the property to which the assessment fund applies, including without limitation costs and expenses paid or incurred in connection with insuring such property and the payment of any and all taxes thereon; payment of all reasonable and necessary expenses in connection with the collection and administration of the assessments; employment of policemen and watchmen, if any, engagement of a manager or management firm to operate and/or maintain all or any portion of the Common Maintenance Areas, including without limitation the Swim Club; caring for vacant lots; Directors of the Association to keep the Property neat and in good order, or which is considered of general benefit to the Owners or occupants of the Property, it being understood that the judgment of the Board of Directors in the expenditure of said funds and the determination of what constitutes normal, recurring maintenance shall be final and conclusive so long as such judgment is exercised in good faith.  The Association shall, in addition, establish and maintain an adequate reserve fund for the periodic maintenance, repair and replacement of improvements of the Common Maintenance Area.  The fund shall be established and maintained out of regular annual assessments.

c)      Special Assessment for Working Capital Fund, Nonrecurring Maintenance and Capital Improvements.  In addition to the annual assessments authorized above, the Association may, by a vote of two-thirds (2/3) of members, in the aggregate, who are voting in person or by proxy at a meeting called for this purpose, levy special assessments as follows:  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 nonrecurring maintenance, or the acquisition, construction, reconstruction, repair or replacement of a capital improvement upon any Common Area, including fixtures and personal property related thereto may be assessed.  The Association shall not commingle the proceeds of such special assessment with the assessment fund.  Such proceeds shall be used solely and exclusively to fund the nonrecurring maintenance or improvements in question.

            Section 4. Non-payment of Assessments: Remedies of the Association.  Any assessment not paid within ten (10) days after the due date shall bear interest from the due date at the highest non-usurious rate of interest allowed by Texas law or 18% per annum, whichever is less.  The Association shall have the authority to impose late charges to compensate for the administrative and processing costs of late payments on such terms as it may establish by duly adopted resolutions and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lied retained herein against the property, in accordance with the terms and provisions of Section 51.002 of the Texas Property Code, as amended, or otherwise.  No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his property.

            Section 5. Subordinated Lien to Secure Payment and Performance.  To secure the payment of the assessments established hereby and to be levied on individual Affected Lots as above provided, and the performance by the owners of the Affected Lots of all of the duties, obligations and indebtedness of such Owners as set forth herein and in the Bylaws of the Association, there is hereby reserved a lien for the benefit of the Association, said lien to be enforceable through appropriate proceedings at law or in equity by such beneficiary; provided, however, that each such lien shall be specifically made secondary, subordinate and inferior to all liens, present and future, given, granted, and created by or at the insistence and request of the Owner of any such Affected Lot to secure the payment of monies advanced or to be advanced on account of the purchase price and/or the improvement of any such Affected Lot; and further provided that as a condition precedent to any proceeding to enforce such lien upon any Affected Lot upon which there is an outstanding valid and subsisting first mortgage lien, said beneficiary shall give the holder of such first mortgage sixty (60) days written notice of such proposed action, such notice, which shall be sent to the nearest office of the lienholder by prepaid U.S. registered mail, to contain the statement of the delinquent maintenance charges upon which the proposed action is based.  Upon the request of any such first mortgage lienholder, any such beneficiary shall acknowledge in writing its obligation to give the foregoing notice with respect to the particular property covered by such first mortgage lien to the holder thereof.  Sale or transfer of an Affected Lot shall not affect the assessment lien.  However, the sale or transfer of any Affected Lot pursuant to mortgage foreclosure shall extinguish the lien of such assessment as to payments which became due prior to such sale or transfer.  No sale, foreclosure or transfer shall relieve such Affected Lot from liability for any assessments thereafter becoming due or from the lien thereof.  The Association shall have the right to file notices of liens in favor of such Association in the Real Property Records of Tarrant County, Texas.

            Section 6. Voting Rights.  The Association shall have two classes of voting membership:

a)      Class A. Class A members shall be all Owners with the exception of Declarant and shall be-entitled to one (1) vote for each Affected Lot owned.  When more than one person holds an interest in any Affected Lot, all such persons shall be members, but the vote for such Affected Lot shall be exercised as they among themselves determine, and in no event shall more than one (1) vote be cast with respect to any Affected Lot.

b)      Class B. The Class B member shall be the Declarant who shall be entitled to three (3) votes for each unoccupied Affected Lot owned by it.  The Class B membership shall cease and be converted to Class A membership one hundred twenty (120) days after the conveyance of the Affected Lot which causes the total votes outstanding in the Class A membership to equal the total votes outstanding in the Class B membership, or ten (10) years after conveyance of the first Affected Lot by Declarant, whichever occurs earlier.  Class B membership shall be reinstated at any time before the expiration of twenty (20) years from the date of conveyance of the first Affected Lot if additional Affected Lots owned by a Class B member are annexed to this Declaration in sufficient numbers to restore a ratio of at least one Class B Lot for each three Class A Lots in the Property.

c)      Suspension. All voting rights of an Owner shall be suspended during any period in which such Owner is delinquent in the payment of any assessment duly established pursuant to this Article or is otherwise in default hereunder or under the Bylaws or Rules and Regulations of the Association and such suspension shall apply to the proxy authority of the voting Representative, if any.

Section 7. Notice and Quorum. Written notice of any meeting called for the purpose of taking any action authorized herein shall be sent to all members, or delivered to their residences, not less than thirty (30) days nor more than sixty (60) days in advance of the meeting.  At any such meeting called, the presence of members or of proxies or Voting Representatives entitled to cast two-thirds (2/3) of all the votes of each class of membership shall constitute a quorum.  If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at such subsequent meeting shall be two-thirds (2/3) of the quorum requirement for such prior meeting.  The Association may call as many subsequent meetings as may be required to achieve a quorum (the quorum requirement being reduced for each such meeting in accordance with the terms and provisions of the immediately preceding sentence).  No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

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ARTICLE III
GENERAL POWERS AND DUTIES OF
BOARD OF DIRECTORS OF THE ASSOCIATION

Section 1. Purpose of Assessment Fund. The Board, for the benefit of the owners, shall provide and shall pay out of the assessment fund provided for in Article 11 above the following:

a)      Taxes and assessments and other liens and encumbrances which shall properly be assessed or charged against the Common Areas rather than against the Individual Owners, if any.

b)      Care and preservation of the Common Maintenance Area and Common Area.

c)      The services of a professional person or management firm to manage the Association or any separate portion thereof to the extent deemed advisable by the Board, (provided that any contract for management of the Association shall be terminable by the Association, with no penalty upon ninety days prior written notice to the managing party) and the services of such other personnel as the Board shall determine to be necessary or proper for the operation of the Association, whether such personnel are employed directly by the Board or by the manager.

d)      Legal and accounting services.

e)      A policy or policies of insurance insuring the Association against any liability to the public or to the Owners (and/or invitees or tenants) incident to the operation of the Association in any amount or amounts as determined by the Board of Directors, including a policy or policies of insurance as provided herein in Article IV.

f)        Workers compensation insurance to the extent necessary to comply with any applicable laws.

g)      Such fidelity bonds as may be required by the By-Laws or as the Board may determine to be advisable.

h)      Any other materials, supplies, insurance, furniture, labor, services, maintenance, repairs, structural alterations, taxes or assessments (including taxes or assessments assessed against an individual Owner) which the Board is required to obtain or pay for pursuant to the terms of this Declaration or by law or which in its opinion shall be necessary or proper for the enforcement of this Declaration.

Section 2. Powers and Duties of Board.  The Board, for the benefit of the Owners, shall have the following general powers and duties, in addition to the specific powers and duties provided for herein and in the By-Laws of the Association:

a)      To execute all declarations of ownership for tax assessment purposes with regard to the common Areas, if any, on behalf of all Owners.

b)      To borrow funds to pay costs of operation secured by assignment or pledge of rights against delinquent Owners if the Board sees fit.

c)      To enter into contracts, maintain one or more bank accounts, and generally to have all the power necessary or incidental to the operation and management of the Association.

d)      To protect or defend the Common Areas from loss or damage by suit or otherwise, as the Board sees fit, and to provide adequate reserves for replacements, as the Board sees fit.

e)      To make reasonable rules and regulations for the operation of the Common Maintenance Areas and to amen them from time to time; provided that, any rule or regulation may be amended or repealed be an instrument in Writing signed by Owners constituting a majority of the votes of the Association, or with respect to a rule applicable to less than all of the Common Area, by a majority of the votes of the Owners in the portions affected.

f)        To make available for inspection by Owners within sixty (60) days after the end of each year an annual report and to make all books and records of the Association available for inspection by Owners at reasonable times and intervals.

g)      To adjust the amount, collect and use any insurance proceeds to repair damage or replace lost property, and if proceeds are insufficient to repair damage or replace lost property, to assess the Owners in proportionate amounts to cover the deficiency.

h)      To enforce the provisions of any rules made hereunder and to enjoin and seek damages from any Owner for violation of such provisions or rules, as the Board sees fit.

i)        To collect all assessments and enforce all penalties for non-payment including the filing of liens and institution of legal proceedings, as the Board sees fit.

Section 3. Board Powers Exclusive. The Board shall have the exclusive right to contract for all goods, services and insurance, payment of which is to be made from the assessment fund and the exclusive right and obligation to perform the functions of the Board except as otherwise provided herein.

Section 4. Maintenance Contracts.  The Board on behalf of the Association, shall have full power and authority to contract with any Owner of other person or entity for the performance by the Association of services which the board is not otherwise required to perform pursuant to the terms hereof, such contracts to be upon such terms and conditions and for such consideration as the Board may deem proper, advisable and in the best interest of the Association, and in compliance with all applicable laws, rules and regulations.

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ARTICLE IV
TITLE TO COMMON AREAS

Section 1. Conveyance/Association to Hold.  The Declarant may hereafter, in Declarant’s sole option, grant and convey unto the Association all of the right, title and interest of the Declarant in and to the Common Areas, whereupon the Association shall assume all maintenance obligations with respect to any Common Areas which may then exist or thereafter be established.  Prior to conveying the Common Areas, the Declarant shall provide to the Association, for its use in accordance with the terms and provisions hereof, a reserve fund in an amount not less than $10,000.00.  Nothing contained herein shall create an obligation on the part of Declarant to establish any additional Common Areas.

Section 2. Liability Insurance.  From and after the date on which title to any Common Area vests in the Association, the Association shall purchase and carry a general comprehensive public liability insurance policy for the benefit of the Association and its members, covering occurrences on the Common Areas.  The policy limits shall be as determined by the Board of Directors of the Association.  The Association shall use its best efforts to see that such policy shall contain, if available, cross-liability endorsements or other appropriate provisions for the benefit of the members, Directors, and the management company and other insured’s, as their interests may be determined.

Section 3. Condemnation.  In the event of condemnation or a sale in lieu thereof of all or any portion of the Common Areas, the funds payable with respect thereto shall be payable to the Association and shall be used by the Association to purchase additional Common Areas to replace that which has been condemned or to take whatever steps are it deems reasonably necessary to repair or correct any damage suffered as a result of the condemnation.  In the event that the Board of Directors of the Association determines that the funds cannot be used in such a manner due to lack of available land for additional Common Areas or for whatever reason, any remaining funds may be utilized by the Association for the general assessment fund. 

ARTICLE V
EASEMENTS

Section 1. Utility Easements. As long as Class B membership shall be in effect, the Declarant hereby reserves the right to grant perpetual, nonexclusive easements for the benefit of the Declarant or its designees, upon, across, over, through and under any portion or the Common Area or any portion of any Affected Lot outside of the permitted building area of such Affected Lot as reasonably required for the providing of ingress and egress in connection with the installation, replacement, repair, maintenance, use and operation of all utility and service lines and service systems, public and private, including, without limitation, cable television, to the Property.  Declarant, for itself and its designees, reserves the right to retain title to any such easements.  Upon cessation of Class B membership, the Association shall have the right to grant the easements described herein.

Section 2. Declarant’s Easement to Correct Drainage. As long as Class B membership shall be in effect, Declarant hereby reserves a blanket easement on, over and under the ground within the Property to reasonably maintain and correct drainage of surface waters and other erosion controls in order to maintain reasonable standards of health, safety and appearance and shall be entitled to remove trees or vegetation, without liability for replacement or damages, as may be reasonably necessary to provide adequate drainage for any portion of the Property.  Notwithstanding the foregoing, nothing herein shall be interpreted to impose any duty upon Declarant to correct or maintain any drainage facilities within the Property.

Section 3. Easement for Unintentional Encroachment.  The Declarant hereby reserves an exclusive easement for the unintentional encroachment by any structure upon the common Area caused by or resulting from, construction, repair, shifting, settlement or movement of any portion of the Property, which exclusive easement shall exist at all times during the continuance of such encroachment as an easement appurtenant to the encroaching property to the extent of such encroachment.

Section 4. Entry Easement.  In the event that the Owner fails to maintain the Affected Lot as required herein, or in the event emergency repairs are required, the Declarant hereby reserves an easement to enter upon any such Affected Lot and to the work reasonably necessary for the proper maintenance and operation of the Property.  Entry upon the Affected Lot as provided herein shall not be deemed a trespass, and the Association shall not be liable for any damage so created unless such damage is caused by the Association’s willful misconduct or gross negligence.

Section 5. Drainage Easements.  Easements for the installation and maintenance of utilities, storm water retention, detention ponds, and/or a conservation area are reserved as may be shown on the recorded plat.  Within there easement areas, no structure, plant or material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance or utilities, or which may hinder or change the direction or flow of drainage channels or slopes in the easements.  The easement area of each Affected Lot and all improvements contained therein shall be maintained continuously by the Owner of the Affected Lot, except for those improvements for which a public authority, utility company or the Association is responsible.

Section 6. Temporary Completion Easement.  All Affected Lots shall be subject to easement of ingress and egress for the benefit of the Declarant, its employees, subcontractors, successors and assigns, over and upon the front, side and rear yards of the Property as may be reasonably expedient or necessary for the construction, servicing and completion of dwellings and landscaping upon Affected Lots adjacent to the Property, provided that such easement shall terminate twelve (12) months after the date such Affected Lot is conveyed to the Owner by the Declarant.

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ARTICLE VI
USE AND OCCUPANCY

            All Affected Lots and dwellings shall be used and occupied for single-family residence purposes.  No Affected Lot or dwelling may be used for commercial, institutional or other non-residential purpose if such use involves the attendance or entry of non-residents upon the Lot or otherwise diminishes the residential character of the Lot or neighborhood.  This prohibition shall not apply to “garage sales” conducted with prior written consent of the Association provided that no Owner shall conduct more than two (2) garage sales of no more than two (2) days duration each during any twelve (12) month period.

ARTICLE VII
PROPERTY RIGHTS

            Section 1. Owners’ Easement of Enjoyment.  Every Owner shall have a right and easement in and to the Common Areas and a right and easement of ingress and egress to, from and through said Common Areas, and such easement shall be appurtenant to and shall pass with the title to every Affected Lot, subject to the following provisions:

a)      The right of the Association to establish and publish rules and regulations governing the use of the Common Areas (including without limitation the Swim Club) affecting the welfare of Association members.

b)      The right of the Association to suspend the right of use of the common Areas and the voting rights of an Owner for any period during which any assessment against his Affected Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations;

c)      The right of the Association, subject to the provisions hereof, to dedicate or transfer all or any part of the Common Areas, if any, to any public agency, authority or utility for such purposes and subject to the conditions as may be agreed by the Association.  No such dedication or transfer shall be effective unless an instrument signed by Owners entitled to cast two-thirds (2/3) of the votes of each class of membership has been recorded agreeing to such dedication or transfer;

d)      The right of the Association set forth in Section 2 of this Article VII; and

e)      All easements herein described are easements appurtenant to and running with the land; they shall at all times insure to the benefit of and be binding upon the Owners, and all of their grantees, and their respective heirs, successors, personal representatives and assigns, perpetually and in full force.

Section 2. Swim Club.  Notwithstanding anything set forth or implied herein to the contrary, the rights of the owners set forth in Section 1 of this Article VII with respect to the Swim Club are nonexclusive, and the Association may elect to permit owners of homes in subdivisions other than the Property to have access to and to use and enjoy the Swim Club upon terms and conditions reasonably established by the Association.

Section 3. Effect of Declaration.  Reference in any deed, mortgage, trust deed or any other recorded documents to the easements, restrictions and covenants herein described or to this Declaration shall be sufficient to create and reserve such easements and covenants to the respective grantees, mortgages, or trustees of said parcels as fully and completely as if those easements, restrictions and covenants were fully related and set forth in their entirety in said documents.

Section 4. Rezoning Prohibited.  No Affected Lot shall be rezoned to any classification allowing commercial, institutional or other non-residential use without the express consent of the Association and Declarant (as long as Declarant owns any Affected Lot subject to this Declaration), which may be withheld in Declarant’s sole discretion.  Declarant or the Association may enforce this covenant by obtaining an injunction against any unapproved rezoning at the expense of the enjoined party.

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ARTICLE VIII
USE RESTRICTIONS/MINIMUM DWELLING UNIT SIZES

Section 1. Nuisances.  No noxious or offensive activity shall be carried on upon any Affected Lot, not shall anything be done which may be or may become an annoyance or nuisance to the neighborhood.

Section 2. Development Activity.  Notwithstanding any other provision herein, Declarant and its successors and assigns shall be entitled to conduct on the Property all activities normally associated with and reasonably convenient to the development of the Property and the construction and sale of dwelling units on the Property, including without limitation the right to place and maintain on the Property construction trailers, model homes, marketing facilities, signage, lighting, construction, trucks, equipment and other similar items necessary for the construction on and marketing of the Property.

Section 3. Temporary Structures.  Except as otherwise expressly set forth herein, no structures of a temporary character, including, without limiting the generality thereof, any trailer, tent, shack, garage, barn, motor home or mobile home or other outbuilding, shall be used on any Affected Lot at any time as a residence, either temporarily or permanently.

Section 4. Signs and Picketing.  No sign or emblem of any kind may be kept or placed upon any Affected lot or mounted, painted or attached to any Unit, fence or other improvement upon such Affected Lot so as to be visible from public view except the following:

a)      For Sale Signs.  An Owner may erect one (1) sign not exceeding 2’x3’ in area, fastened only to a take in the ground and extending not more than three (3) feet above the surface of the ground advertising the Affected Lot for sale.

b)      Declarant’s Signs. Signs or billboards may be erected by the Declarant or builder(s) building houses on any Lots in the ordinary course of such builder’s business.

c)      Political Signs. Political signs may be erected upon an Affected Lot by the Owner of such Affected Lot advocating the election of one of more political candidates or the sponsorship of a political party, issue or proposal provided that such signs shall not be erected more than a reasonable period of time [in no event to exceed one hundred eighty (180) days] in advance of the election to which they pertain and are removed within fifteen (115) days after the election.

In addition to the foregoing, to protect the safety and harmony of the community, no person shall engage in picketing on any Affected Lot, easement, right-of-way or Common Area within or adjacent to the Property, nor shall any vehicle parked, stored or driven in or adjacent to the Property bear or display any signs, slogans, symbols, words or decorations intended to create controversy, invite ridicule or disparagement, or interfere in any way with the exercise of the property rights, occupancy or permitted business activities of  any Owner or Declarant.

            Section 5. Campers, Trucks, Boats, and Recreational Vehicles.  No campers, vans, pickup trucks, boats, boat trailers, recreational vehicles or other types of non-passenger vehicles, equipment, implements or accessories may be kept on any Affected Lot unless the same are fully enclosed within the garage located on such Lot and/or said vehicles and accessories are screened from view by a screening structure or fencing and said vehicles and accessories are in an operable condition.

            Section 6. Livestock and Poultry.  No animals, livestock or poultry of any kind shall be raised, bred or kept on any Affected Lot, except that dogs, cats, or other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purpose.

          Section 7. Garbage and Refuse Disposal.  No Affected Lot shall be used or maintained as a dumping ground for rubbish.  Trash, garbage or other waste shall not be kept except in sanitary containers.  All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

            Section 8. Sight Distance at Intersections.  No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner Affected Lot within the triangular area formed by the street boundary lines and a line connecting them at points twenty-five (25) feet from the intersection of the street boundary lines, or in the case of a rounded property corner, from the intersection of the street boundary lines extended.  The same sight line limitations shall apply on any Lot within ten (10) feet from the intersection of a street boundary line with the edge of a driveway or alley pavement.  No tree shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.

            Section 9. Parking.  No vehicles, trailers, implements or apparatus may be driven or parked in the Common Maintenance Area, Common Area or on any easement.

            Section 10. Commercial or Institutional Use.  No Affected Lot, and no building erected or maintained on any Affected Lot shall be used for manufacturing, industrial, business, commercial, institutional or other non-residential purposes.

            Section 11. Building Standards.  No building shall be erected or maintained on any Affected Lot unless it complies with all applicable governmental ordinances, laws, rules and regulations.  In addition, no building, structure, fence wall or improvement shall be erected or maintained on any Affected Lot unless same has been approved by the Committee (hereinafter defined) pursuant to the terms and provisions of Section 19 of this Article VIII.

            Section 12. Detached Building.  No detached accessory buildings (including, but not limited to, storage buildings), save and except for any detached garages approved by the Committee (hereinafter defined), or a majority of its members as set forth in Section 19 of this Article VIII, shall be erected, placed or constructed upon any Affected Lot without prior, consent of the Board of Directors.

            Section 13. Fences.  No fence, wall or hedge shall be erected or maintained on any Affected Lot nearer to the street than the building setback lines for the front and side yards.  No fence, wall or hedge shall be erected or maintained on any Affected Lot which shall exceed eight (8) feet in height.

            Section 14. Antennae, Satellite Dishes and solar Collectors.  No Owner may erect or maintain a television or radio receiving or transmitting antenna, satellite dish or similar implement or apparatus, or solar collector panels or equipment upon any Affected Lot unless such apparatus is erected and maintained in such a way that it is screened from public view at a point in the center of the public right-of-way directly in front of (and, in the case of a corner lot, also screened from public view at a point in the center of the public right-of-way to the side of) the house erected on such Affected Lot.

            Section 15. Chimneys.  All fireplaces flues, smoke stacks, and spark arrestors shall be completely enclosed and concealed from public view in finished chimneys of materials architecturally compatible with the principal finish material of the exterior walls of the dwelling.

            Section 16. Clothes Hanging Devices.  Exterior clothes hanging devices shall not be permitted.

             Section 17. Window Treatment.  No aluminum foil, reflective film or similar treatment shall be placed on window or glass doors.

            Section 18. Water Wells.  The drilling, operating or maintaining of any water wells on any Affected Lot shall not be permitted.

            Section 19. Architectural Control Committee.  The Architectural Control Committee (hereinafter called the “Committee”) shall be composed of three (3) individuals selected and appointed by the Association, each generally familiar with residential and community development design matters and knowledgeable about the Association’s concern for a high level of taste and design standards within the Property.  The Committee shall function as the representative of the Owners of the Affected Lots for the purposes herein set forth as well as for all other purposes consistent with the creation and preservation of a first-class community development.  The Committee shall use its best efforts to promote and ensure a high level of taste, design, quality, harmony and conformity throughout the Property.

            In the event of the death or resignation of any member of the Committee, the Association shall have full authority to designate and appoint a successor.  No member of the Committee shall be liable for, and shall be indemnified against, claims, causes of action or damages (except where occasioned by gross negligence or arbitrary and capricious conduct) arising out of services performed pursuant to this Declaration.  The Committee shall be entitled, at any time and from time to time, to seek and obtain professional advice and counsel including but not limited to architects, attorneys, designers, engineers and landscape technicians) in connection with the performance of its duties and all reasonable costs and expenses related thereto paid for or reimbursed by the Association.  The Association shall have the right and power to impose and collect a reasonable fee from each Owner for the review and approval/disapproval process and services rendered by the Committee.

            No building, structure, fence, wall or improvement of any kind or nature shall be erected, placed or altered on any Affected Lot until all plans and specifications, a plot plan and one or more surveys have been submitted to and approved in writing by the Committee, or a majority of its members, as to:

                i.   quality or workmanship and materials; adequacy of site dimensions; adequacy of structural design; proper facing of main elevation with respect to nearby streets;

                ii.    minimum finished floor elevation, mandatory brick shelf elevation, and proposed footprint of the dwelling,

                 iii.   conformity and harmony of the external design, color, type and appearance of exterior surfaces and landscaping;

                 iv.    location with respect to topography and finished grade elevation and effect of location and use on neighboring Affected Lots and improvements situated thereon; drainage arrangements; and

                  v.    the other standards set forth within this Declaration (and any amendments hereto) or as may be set forth within bulletins promulgated by the Committee, or matters in which the Committee has been vested with the authority to render a final interpretation and decision.

The Committee is authorized and empowered to consider and review any and all aspects of dwelling construction which may, in the reasonable opinion of the Committee, adversely affect the living enjoyment of one of more Owners or the general value of the Property.

            Final plans, specifications and surveys shall be submitted in duplicate to the Committee for approval or disapproval.  The Committee is authorized to request the submission of samples of proposed construction materials.  At such time as the plans, specifications and surveys meet the approval of the Committee, one complete set of plans, specifications and surveys will be retained by the Committee and the other complete set will be marked “Approved” and returned to the Owner or his designated representative.  If  found not to be in compliance with this Declaration, one set of such plans, specifications and surveys must again be submitted to the Committee for its inspection and approval.  The Committee’s approval or disapproval, as required herein, shall be evidenced in writing.  If the Committee fails to approve or disapprove such plans, specifications and surveys within fifteen (15) days after the date of submission, then such instruments shall be submitted by such Owner to the Board of Directors of the Association.  If the Board of Directors fails to approve or disapprove such plans, specifications and surveys within fifteen (15) days, then the Committee and Association approval shall be presumed.  Once any plans and specifications for a house (the “House Plans”) have been approved by the Committee or the Board of Directors (or deemed approved), such plans and specifications may continue to be utilized by the party submitting same for other houses to be constructed on other Affected Lots without the necessity of having said House Plans reapproved provided that any material modifications to such previously approved House Plans must once again be submitted to the Committee for approval as hereinabove provided.

            The Committee may from time to time publish and promulgate architectural standards bulletins and/or lot information sheets which shall be fair, reasonable and uniformly applied and shall carry forward the spirit and Intention of this Declaration.  Unless otherwise indicated herein, the Committee shall not have unbridled discretion with respect to taste, design and any standards specified herein, and the Committee shall be responsive to technological advances or general changes in architectural designs and materials and related conditions in future years and use its best to balance the equities between matters of taste and design (on the one hand) and use of private property (on the other hand).  Such bulletins and lot information sheets shall supplement this Declaration and are incorporated herein by reference.  EACH OWNER SHALL SEEK AND OBTAIN AND BECOME THOROUGHLY FAMILIAR WITH ANY AND ALL ARCHITECTURAL STANDARDS BULLETINS AND LOT INFORMATION SHEETS PRIOR TO ACQUISITION OF, AND CONSTRUCTION ON, ANY AFFECTED LOT.

            Section 20. Dwelling Unit Size. 

a)      Single family residential dwelling units (“Units”) constructed (1) ON ANY Lot must comply with all applicable governmental requirements applicable thereto, including, but not necessarily limited to, the City of Fort Worth, Texas.

b)      The exterior wall surface of the first floor of all Units shall have a minimum of seventy-five (75%) masonry exterior, excluding windows, doors and gables.

c)      All retaining wells constructed on the Property must be constructed with property engineered concrete, masonry or other material(s) approved in writing by the Committee.

Section 21. Oil and Mining Operations.  No oil drilling or development operations, oil refining quarrying or mining operations of any kind shall be permitted upon or in any Affected Lot nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Affected Lot.  No derrick or other structure designed for use in boring for oil or natural gas or other minerals shall be erected, maintained or permitted upon any Affect Lot.

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ARTICLE IX
ANNEXATION

            Section 1. Annexation by Declarant.  At any time during the initial term of this Declaration, the Declarant may, at its sole option, annex additional property to this Declaration to be subject to the terms hereof to the same extent as if originally included herein and subject to such other terms, covenants, conditions, easements and restrictions as may be imposed thereon by Declarant.  Annexation shall be evidenced by a written Declaration of Annexation executed by Declarant setting forth the legal description of the property being annexed and the restrictive covenants to be applied to such annexed property.

            Section 2. Annexation by Action of Members.  At any time the board of Directors may request approval of the membership for the annexation of additional property into the Association to be subject to all the terms of this Declaration to the same extent as if originally included herein No such annexation shall be effective unless approved in writing by members entitled to cast two-thirds (2/3) of the total votes in both classes of membership.  Any property that it contiguous to existing property to this Declaration may be annexed hereto according to the foregoing requirements, provided however, that no such annexation shall be effective without the consent and joinder of the owners of the property to be annexed.  Such annexation must evidenced by a Declaration of Annexation as set forth in Subsection 1a above executed by the parties herein described.

            Section 3. No Duty to Annex.  Nothing herein contained shall establish any duty or obligation on the part of the Declarant or any member to annex any property to this Declaration.

            Section 4. Effect of Annexation on Class B Membership.  In determining the number of Affected Lots owned by Declarant for the purpose of Class B Membership status according to Article 11, Section 6, the total number of Affected Lots covered by the Declaration including all Affected Lots annexed thereto shall be considered.  If Class B Membership has previously expired but annexation of additional property restores the ratio of Affected Lots owned by Declarant to the number required for Class B Membership, such Class B membership shall be reinstated.

ARTICLE X
GENERAL

            Section 1. Remedies.  In the event of any default by any Owner under the provisions of this Declaration, By-Laws or rules and regulations of the Association, the Association and/or any Owner shall have each and all of the rights and remedies which may be provided for in this Declaration, the By-Laws and said rules and regulations, and those which may be available at law or in equity (including without limitation the rights and remedies set forth in Section 51.002 of the Texas Property Code, as amended), and may prosecute any action or other proceedings against such defaulting Owner and/or others for enforcement of any lien, statutory or otherwise, including foreclosure of such lien and the appointment of a receiver for the Affected Lot and ownership interest of such Owner, or for damages or injunction, or specific performance, or for judgment for the payment of the money and collection thereof, or for any combination of the  remedies, or for any other relief.  No remedies herein provided or available at law or in equity shall be deemed mutually exclusive of any other such remedy.  All expenses of the Association in connection with any such actions or proceedings, including court costs and attorney’s fees and other fees and expenses, and all damages, permitted by law from the due date until paid, shall be charged to and assessed against such defaulting Owner, and shall be added to and deemed part of the respective maintenance assessment (to the same extent as the lien provided herein for unpaid assessments) upon the Affected Lot and upon all of his additions and improvements thereto and upon all of his personal property upon the Affected Lot.  Any and all of such rights and remedies may be exercised at any time and from time to time, cumulatively or otherwise, by the Association or any Owner.

            Section 2. Term and Amendments.  The covenants and restrictions of this Declaration shall run with, and bind the land for a term of  ten (10) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years, unless seventy-five percent (75%) of the total votes, in the aggregate, of the outstanding votes shall have voted to terminate the covenants and restrictions of this Declaration upon the expiration of the initial ten (10) year period or any extension thereof, which termination shall be by written instrument signed by seventy-five percent (75%) of the total Owners, in the aggregate, and properly recorded in the Real Property Records of Tarrant County, Texas.  This Declaration may be amended by an instrument signed by Owners constituting not less than seventy-five (75%) of the total votes, in the aggregate, of the Association.  Any amendment must be recorded.  Notwithstanding any provisions hereof to the contrary, the Declarant may, at its sole discretion and without consent being required of anyone, (1) modify, amend, or repeal this Declaration at any time prior to the closing of the sale of the first Affected Lot, provided said amendment, modification, or repeal is in writing and properly recorded in the Real Property Records of Tarrant County, Texas and/or (ii) amend this Declaration to cause this Declaration to be in compliance with any and all applicable laws, rules and regulations (including without limitation any and all applicable laws, rules and regulations of the Federal Housing Administration and/or the Veterans Administration).

            Section 3.  Severability.  Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.

            Section 4. Rights and Obligations.  The provisions of this Declaration and the Articles of Incorporation and By-Laws and the rights and obligations established thereby shall be deemed to be covenants running with the land and shall insure to the benefit of, and be binding upon, each and all of the Owners and their respective heirs, representatives, successors, assigns, purchasers, grantees and mortgages.  By the recording or the acceptance of a deed conveying a Affected Lot of any ownership interest in the Affected Lot whatsoever, the person to whom such Affected Lot or Interest is conveyed shall be deemed to accept and agree to bound by and subject to all of the provisions of this Declaration and the Articles of Incorporation and By-Laws, whether or not mention thereof is made in said deed.

            Section 5. Miscellaneous Provisions.  Any provisions of this Declaration or of the Articles of Incorporation and By-Laws to the contrary notwithstanding, the following provisions shall control:

a)      FHA/VA Approval.   If any prospective Owner applies for FHA or VA mortgage financing and receives a commitment therefore, the following actions will require approval of the Federal housing Administration or the Veterans Administration, as applicable: (1) addition of properties except as set forth in Article X, (2) dedication of Common Areas, and (3) amendment of this Declaration.

b)      The following actions will require notice to all institutional holders of first mortgage liens who have notified the Association in writing of their address to which such notices are to be delivered:  (1) abandonment or termination of the Association; or (2) material amendment to the Declaration.

c)      Upon the request of any first mortgage of a dwelling on an Affected Lot, the Association shall furnish to such mortgage a written notice of any default by the Owner of such dwelling in the performance of such Owner’s obligations under this Declaration or the By-laws or Association rules and regulations which is not cured within thirty (30) days.  Any first mortgage of a dwelling who comes into possession of such dwelling pursuant to the remedies provided in the mortgage, a foreclosure of the mortgage, or deed (or assignment) in lieu of foreclosure, shall take such property free of any claims for unpaid assessments or charges in favor of the Association against the mortgaged dwelling which accrued prior to the time such holder comes into possession of the dwelling.

d)      Unless at least seventy-five percent (75%) or such lesser percent age as is allowed or permitted by applicable FHA or VA regulations from time to time] of the first mortgages (based upon one vote for each mortgage) have given their prior written approval, neither the Association not the Owners shall be entitled to:

                 i.   by act or omission seek to abandon, partition, encumber, or transfer the Common Areas, if any, or any portion thereof of interest therein (the granting of easements for public utilities or other public purposes consistent with the intended use of such property shall not be deemed a transfer within the meaning of this clause);

               ii.  substantially change the method of determining the obligations, assessments, dues or other charges which may be levied age inst an Owner by the Association;

                  iii.    by act or omission change, waive, or abandon any scheme of regulation or enforcement thereof pertaining to the architectural design or the exterior appearance of the dwellings or maintenance of the dwellings or Lots;

                 iv.   fail to maintain liability and extended coverage insurance on insurable property comprising a part of the Common Areas on a current replacement cost basis in an amount not less than one hundred percent (100) of the insurable value (based on current replacement costs).

                v.   All personal pronouns used in this Declaration, whether used in the masculine, feminine or neuter gender, shall include all other genders; the singular shall include the pleural, and vice versa. 

Section 6. Headings.  The headings contained in this Declaration are for reference purposes only and shall not in any way affect the meaning or interpretation of this Declaration.

Section 7. Conflicts.  In the event of conflict between the terms of this Declaration and the Bylaws, rules, regulations or Articles of Incorporation of the Association, this Declaration shall control.

Section 8. Floodplain.  In the event any of the Affected Lots are located partially within a floodplain or flood prone area, such Affected Lots, and the construction of any improvements thereon, must conform with the rules, regulations and guidelines set forth in all applicable City of Fort Worth, Texas flood management ordinance(s) and other applicable laws, rules and regulations.

Section 9. Enforceability by City of Fort Worth.  All rights granted or retained by the Association hereunder shall inure to the benefit of, and be enforceable by, the City of Fort Worth, Texas.

Section 10. Counterparts.  This Declaration may be executed in one or more counterparts, all of which, when taken together, shall constitute one and the same Declaration.

IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed on its behalf, attested and its corporate seal to be hereunto affixed as of the 5th day of February, 1998.

 

DECLARANT: 

LUMBERMEN’S INVESTMENT CORPORATION, a Delaware corporation 

By: _____________________________________

        John K. Pierret

        Executive Vice President

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COVENANT ENFORCEMENT AND FINING POLICY 

WHEREAS, the Board of Directors (the "Board") of Parkwood Hill Estates Homeowners Association, Inc. (the" Association") finds there is a need to establish orderly procedures for the enforcement of the restrictive covenants set forth in the Declaration of Covenants, Conditions and Restrictions for Parkwood Hill Estates, as amended from time to time (the "Declaration") and for the levying of fines against violating owners.

NOW, THEREFORE, IT IS RESOLVED that the following procedures and practices are established for the enforcement of the restrictive covenants of the Declaration and for the elimination of violations of such provisions found to exist in, on and about the lots within Parkwood Hill Estates and the same are to be known as the "Covenant Enforcement and Fining Policy" (to be referred to herein as the "Enforcement Policy") of the Association in the discharge of its responsibilities for determination and enforcement of remedies for violations within Parkwood Hill Estates:

1.         Establishment of Violation.   Any condition, use, activity or improvement which does not comply with the provisions of the Declaration, Bylaws or the rules and regulations of the Association, shall constitute a "Violation" under this Policy for all purposes.  

2.         Report of Violation.  The existence of a Violation will be verified by a field observation conducted by the Board or its delegate. For the purpose of this Enforcement Policy, the delegate of the Board may include Management, an officer or member of the Board, or a member of any committee established by the Board for this purpose. A timely written report shall be prepared by the field observer for each Violation which will include the following information.

  1. Identification of the nature and description of the Violation(s).

  2. Identification by street address and legal description, if available, of the Affected Lot on which the Violation exists.

  3. Date of the verification observation and name of the person making such observation.

            At the same time that the field observation report is prepared, the Board or its delegate may forward to the Owner of the Affected Lot in question written notice via regular first-class mail or via postcard of the discovery of a Violation(s) (the "Courtesy Notice"). The Owner will have at least ten (10) days from the date of the Courtesy Notice to correct or eliminate the Violation(s). The Board or its delegate may, in lieu of this notice, proceed immediately to the notice set forth in Paragraph 3 below.  

3.         Notice of Violation.      If the Violation is not corrected or eliminated within the time period specified in the Courtesy Notice, or if the Board or its delegate deem it appropriate to proceed without the Courtesy Notice, the Association will forward to the Owner of the Affected Lot in question written notice of the Violation(s) by regular first-class mail or personal delivery and by certified mail, return receipt requested (the "Notice of Violation"). A Notice of Violation is not required if the alleged violator received a Notice of Violation relating to a similar Violation within six (6) months of the current Violation and was given a reasonable opportunity to cure the prior Violation. In such event, the Board may impose sanctions as authorized by the Declaration and/or this Enforcement Policy without notice to the Owner other than the Final Notice of Violation described in Paragraph 4 below. The Notice of Violation, if required, will state the following:

  1. The nature, description and location of the Violation, including any property damage caused by the Owner.

  2. The authority for establishing the Violation, including the authority for recovering property damages caused by the Owner.

  3. The proposed sanction to be imposed, including the amount of any fine or the amount claimed to be due from the owner for property damage.

  4. If the Violation is corrected or eliminated within a reasonable time after the Owner's receipt of the Notice of Violation that a fine will not be assessed, common area privileges will not be suspended and that no further action will be taken.

  5. The recipient may, on or before thirty (30) days from the receipt of the Notice of Violation, deliver to the Association a written request for a hearing.

  6. If the Violation is not corrected or eliminated within the time period specified in the Notice of Violation, or if a written request for a hearing is not made on or before thirty (30) days from the receipt of the Notice of Violation, that the sanctions delineated in the Notice of Violation may be imposed and that any attorney's fees and costs will be charged to the Owner.

  7. If a hearing is timely requested and is held before a delegate of the Board, that the Owner may appeal the decision of the delegate to the Board.

4.         Final Notice of Violation. A formal notice of the Violation and the sanction to be imposed, including the amount of any fine or the amount of any property damage (the "Final Notice of Violation") will be sent by the Association to the Owner by regular first-class mail and by certified mail, return receipt requested, where, within the time period specified in the Notice of Violation, the Violation has not been corrected or eliminated or the Association has not timely received a written request for a hearing.

5.         Request for a Hearing.  If the Owner challenges the proposed action by timely requesting a hearing, the hearing shall be held in executive session of the Board or its delegate affording the alleged violator a reasonable opportunity to be heard. Such hearing shall be held no later than the 30th day after the date the Board receives the Owner's request for a hearing. Prior to the effectiveness of any sanction hereunder, proof of proper notice of the hearing shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer, director, agent or delegate who delivered such notice. The notice requirement shall be deemed satisfied if the alleged violator appears at the meeting. The notice of the hearing shall be sent no later than the 10th day before the date of the hearing. The Association or the Owner may request a postponement, and, if requested, a postponement shall be granted for a period of not more than ten (10) days. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed by the Board or its delegate. The Association shall notify the Owner in writing of its action within ten (10) days after the hearing. The Board may, but shall not be obligated to, suspend any proposed sanction if the Violation is cured within the ten-day period. Such suspension shall not constitute a waiver of the right to sanction future violations of the same or other provisions and rules by any Owner.

6.         Appeal. Following a hearing before a delegate of the Board, the Owner shall have the right to appeal the decision to the Board. To perfect this right, a written notice of appeal must be received by the manager, president or secretary of the Association within ten (10) days after the date of the Association's written notice to the Owner of the results of the hearing. Any hearing before the Board shall be held in the same manner as provided in Paragraph 5 for hearings before a delegate of the Board.

7.         Correction of Violation. Where the Owner corrects or eliminates the Violation(s) prior to the imposition of any sanction, no further action will be taken (except for collection of any monies for which the Affected Lot Owner may become liable under this Enforcement Policy and/or the Declaration). Written notice of correction or elimination of the Violation may be obtained Horn the Board upon request for such notice by the Owner and upon payment of a fee for same, the amount of which is set by the Board.

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8.         Corrective Action. Notwithstanding any other provision contained herein to the contrary, where a Violation is determined or deemed determined to exist, the Board may undertake to cause the Violation to be corrected, removed or otherwise abated if the Board, in its reasonable judgment, determines the Violation may be readily corrected, removed or abated without undue expense and without breach of the peace. Where the Board decides to initiate any such action, the following will apply:

  1. The Board must give the Owner and any third party that is known to the Association to be directly affected by the proposed action prior written notice of undertaking of the action.

  2. Costs incurred in correcting or eliminating the Violation will be referred to the Association to be recovered from the Owner.

  3. The Association, and its agents and contractors, will not be liable to the Owner or any third party for trespass or any damages or costs alleged to arise by virtue of action taken under this Paragraph 8.

9.         Referral to Legal Counsel.  Where a Violation is determined or deemed determined to exist and where the Board deems it to be in the best interests of the Association to refer the Violation to legal counsel for appropriate action, the Board may do so at any time. Such legal action may include, without limitation, sending demand letters to the violating Owner and/or seeking injunctive relief against the Owner to correct or otherwise abate the Violation. Attorney's fees and all costs incurred by the Association in enforcing the Declaration and administering this Enforcement Policy shall become the personal obligation of the Owner.

10.        Fines. Subject to the provisions of this Enforcement Policy and/or the Declaration, the imposition of fines will be on the following basis:

  1. Fines will be based on an amount that is reasonably related to the nature of the Violation. The Board shall have final discretion in determining the appropriate fine for the Violation in question. The Board may adopt and amend, from time to time, a schedule of fines applicable to Violations within Parkwood Hill Estates which may include a progression of fines for repeat offenders. The initial schedule of fines is attached hereto as Exhibit "A". Generally, fines shall start at $40.00 per incident type and will double for the second ten day period which elapses and the Violation is not cured. Thereafter, fines will increase to $100.00 for each ten day period which elapses and the Violation is not cured. There is no limit to the number of fine applications.

  2. Imposition of fines will be in addition to and not exclusive of any other rights, remedies and recoveries of the Association as created by the Declaration or this Enforcement Policy.

  3. Fines become the personal obligation of the Owners of such Affected Lots.

11.        Notices.   Unless otherwise provided in the Enforcement Policy, all notices required by this Enforcement Policy shall be in writing and shall be deemed to have been duly given if delivered personally and/or if sent by United States Mail, first-class postage prepaid, to the Owner at the address which the Owner has designated in writing and filed with the Secretary of the Association or, if no such address has been designated, to the address of the Affected Lot of the Owner.

  1. Where the notice is directed by personal delivery, notice shall be deemed to have been given, sent, delivered or received upon actual receipt by any person accepting delivery thereof at the address of the recipient as set forth in such notice or if no person is there, by leaving the notice taped to the front door of the residence.

  2. Where the notice is placed into the care and custody of the United States Postal Service, notice shall be presumed to have been given, sent, delivered or received, as of the third (3rd) calendar day following the date of postmark of such notice bearing postage prepaid and the appropriate name and address as required herein unless otherwise shown by the recipient to have been received at a later date.

  3. Where a day required for an action to be taken or a notice to be given, sent, delivered or received, as the case may be, falls on a Saturday, Sunday or United States Postal Service holiday, the required date for the action or notice will be extended to the first day following which is neither a Saturday, Sunday or United States Postal Service holiday.

  4. Where the Board has actual knowledge that an enforcement action would directly affect a third party (e.g. a tenant or a neighbor) or involves a Violation by a party other than the Owner, notices required under this Enforcement Policy may be given, if possible, to such third party in addition to the Owner. Notwithstanding any notice sent to a third party, the Owner remains the party responsible for compliance with the requirements of the Declaration. The Board shall accept a response from any such third party only upon the written direction of the Owner of the Affected Lot upon which the Violation exists.

  5. Where the interests of an Owner in an Affected Lot have been handled by a representative or agent of such Owner or where an Owner has otherwise acted so as to put the Association on notice that its interest in an Affected Lot has been and are being handled by a representative or agent, any notice or communication from the Association pursuant to this Enforcement Policy will be deemed full and effective for all purposes if given to such representative or agent.

  6. Where an Owner transfers record title to an Affected Lot at any time during the pendency of any procedure prescribed by this Enforcement Policy, such Owner shall remain personally liable for all costs and fines under this Enforcement Policy. As soon as practical after receipt by the Association of a notice of a change in the record title to an Affected Lot which is the subject of enforcement proceedings under this Enforcement Policy, the Board may begin enforcement proceedings against the new Owner in accordance with this Enforcement Policy. The new Owner shall be personally liable for all costs and fines under this Enforcement Policy which are the result of the new Owner's failure and/or refusal to correct or eliminate the Violation in the time and manner specified under this Enforcement Policy.

12.        Cure of Violation During Enforcement. An Owner may correct or eliminate a Violation at any time during the pendency of any procedure prescribed by this Enforcement Policy. Upon verification by written report to t4e Board and sent, where appropriate, to the Board that the Violation has been corrected or eliminated, the Violation will be deemed no longer to exist. The Owner will remain liable for all costs and fines under this Enforcement Policy, which costs and fines, if not paid upon demand therefore by Management, will be referred to the Board of Directors of the Association for collection.

13.        Definitions. The definitions contained in the Declaration and Bylaws are hereby incorporated herein by reference.

IT IS FURTHER RESOLVED that this Covenant Enforcement and Fining Policy is effective upon adoption hereof, to remain in force and effect until revoked, modified or amended.

This is to certify that the foregoing resolution was adopted by the Board of Directors at a meeting of same on February 4, 2003, and has not been modified, rescinded or revoked. 

DATE: 03/03/03

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EXHIBIT “A” 

SCHEDULE OF FINES

Violation Fine Repeat Offender
Article VIII (Except Section 19) $40.00 first 10 days Fines double
  $80.00 second 10 days  
  $100.00 each 10 days thereafter  
  NO MAXIMUM  
     
Article VIII, Section 19    
Construction w/o ACC approval $500.00 Fines double
  $100.00 each 10 days thereafter  
  NO MAXIMUM  
     
Non-conforming Improvement $500.00 Fines double
  $100.00 each 10 days thereafter  
  NO MAXIMUM  
     

This Schedule of Fines is to be used solely as a guide to the Board in establishing rules for various violations of the Association's governing documents. Fines may vary depending upon the nature and severity of the violation.

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BYLAWS

OF

PARKWOOD HILL ESTATES HOMEOWNERS ASSOCIATION, INC.

 
ARTICLE I
NAME AND LOCATION

             The name of the corporation is Parkwood Hill Estates Homeowners Association, Inc. hereinafter referred to as the “Association.”  The principal office of the Association shall be initially located at 5495 Belt Line Road, Suite 226, Dallas Texas 75240, but meetings of members and directors may be held at such places within the State of Texas, County of Tarrant, or County of Dallas, as may be designated by the Board of Directors.  Lumbermen’s Investment Corporation at 5495 Beltline Road Suite 225, Dallas, Texas 75240, constitutes the initial registered agent and office, respectively, of the Association.

ARTICLE II
DEFINITIONS

            Section 1.  “Association” shall mean and refer to Parkwood Hill Estates Homeowners Association Inc., a Texas Non-Profit Corporation, its successors and assigns. 

            Section 2.  “Properties” shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions for Parkwood Hill Estates recorded on February 13, 1998 under Document Number 98-2223DT/SB of the Real Property Records of Tarrant County, Texas, as supplemented by that certain Declaration of Annexation and Supplemental Declaration No. 1 filed January 4, 1999 in Volume 13592-DO54, Pages 001-006, as supplemented by that certain Declaration of Annexation and Supplemental Declaration No. 2 filed September 21, 1999, in Volume 14017-0328, Pages 001-008 and such additions thereto as may be brought within the jurisdiction of the Association under the provisions of said Declaration or the Charter of the Association.

            Section 3.  “Common Area” shall mean all real property conveyed by the Declarant to, and owned by, the Association for the common use and enjoyment of the Owners as more particularly set forth in the Declaration.

            Section 4.  “Lot” shall mean and refer to that portion of any of the plots of land shown upon any recorded subdivision map of the Properties of any part thereof creating single-family home-sites on which there is or will be built a single-family dwelling.  There is excepted here-from the Common Area along with other reserves as may be noted on said subdivision maps.

           Section 5.  “Owner” shall mean and refer to the record owner, whether one or more persons or Entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

           Section 6. “Declarant” shall mean and refer to Lumbermen’s Investment Corporation, a Delaware corporation, and its successors and assigns who are designated as such in writing by Declarant, who accept such designation in writing.

           Section 7.  “Declaration” shall mean and refer to the Declaration of Covenants, Conditions and Restrictions for Parkwood Hill Estates applicable to the Properties recorded on February 13, 1998 under Document Number 98-2223DT/SB of the Real Property Records of Tarrant County, Texas, as supplemented by that certain Declaration of Annexation and Supplemental Declaration No. 1 filed January 4, 1999 in Volume 13592-0054, Pages 001-008, as supplemented by that certain Declaration of Annexation and Supplemental Declaration No. 2 filed September 21, 1999, in volume 14017-0328, Pages 001-006 of the Real Property Records of Tarrant County, Texas.

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ARTICLE III
MEMBERSHIP

            Section 1.  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 of record to assessment by the Association, including contract sellers, shall be a member of the Association.  Class A members shall be all the Owners with the exception of Declarant, Class B members shall be the Declarant.  The foregoing is not intended to include persons or entities who hold interest merely as security for the performance of an obligation.  No owner shall have more than one membership.  Membership shall be appurtenant to and may not be separate from ownership of any Lot which is subject to assessment by the Association.  Ownership of such Lot shall be the sole qualification for membership.

            Section 2. Suspension of Membership.  During any period in which a member shall be in default in the payment of any annual or special assessment levied by the Association, the voting rights and right to use of the recreational facilities of such member may be suspended by the Board of Directors until such assessment has been paid.  Such rights of a member may also be suspended after notice and hearing, for a period not to exceed 60 days, for violation of any rules and regulations established by the Board of Directors governing the use of the Common Area and facilities.

ARTICLE IV
PROPERTY RIGHTS; RIGHTS OF ENJOYMENT

            Section 1.  Each member shall be entitled to the use and enjoyment of the Common Areas as provided in the Declaration.  Any member may delegate his rights of enjoyment of the Common Area and facilities to the members of his family, his tenants or contract purchasers, who reside on the property.  Such member shall notify the Secretary of the Association in writing of the name of any such delegate.  The rights and privileges of such delegate are subject to the extent as those of the member. 

ARTICLE V
BOARD OF DIRECTORS; SELECTION; TERM OF OFFICE

            Section 1. Number.  The affairs of the Association shall be managed by a Board of three (3) Directors, who need not be members of the Association.

            Section 2. Election.  At the first annual meeting the Class A and Class B members shall elect one (1) director for a term of one (1) year, one (1) director for a term of two (2) years, and one (1) director for a term of three (3) years; and at each annual meeting thereafter the members shall elect the director(s) for a term of three (3) years to fill each expiring term.  Any vacancy in the initial Board of Directors which occurs prior to the first annual meeting of the members shall be filled by election by the remaining Directors.  The initial three (3) members of the Board of Directors shall be designated in the Articles of Incorporation of the Association.

            Section 3. Removal.  Any director may be removed from the Board, with or without cause, by a majority vote of the entire Class A membership and the entire Class B membership of the Association.  In the event of death, resignation or removal of a director, his successors shall be selected by the remaining members of the Board and shall serve for the un-expired term of his predecessor.

            Section 4. Compensation.  No director shall receive compensation for any service he may render to the Association.  However, any director may be reimbursed for his actual expenses incurred in the performance of his duties.

            Section 5. Action Taken Without a Meeting.  The directors shall have the right to take action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors.  Any action so approved shall have the same effect as though taken at a meeting of the directors.

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ARTICLE VI
MEETING OF DIRECTORS

            Section 1. Regular Meetings.  Regular meetings of the Board of Directors shall be held quarterly without notice, at such place (or by telephonic conference) and hour as may be fixed from time to time by resolution of the Board.  Should said meeting fall upon a legal holiday, that meeting shall be held at the same time on the next day which is not a legal holiday.

            Section 2. Special Meetings.  Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two (2) directors, after not less than three (3) days notice to each director.

            Section 3. Quorum.  A majority of the number of directors shall constitute a quorum for the transaction of business.  Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.

ARTICLE VII
NOMINATION AND ELECTION OF DIRECTORS

            Section 1. Nomination.  Nomination for election to the Board of Directors shall be made by a Nominating Committee.  Nominations may also be made from the floor at the annual meeting by the Class A and Class B members.  The Nominating Committee shall consist of a Chairman who shall be a member of the Board of Directors, and two or more members of the Association.  The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the close of such annual meeting until the next annual meeting and such appointment shall be announced at each annual meeting.  The Nominating Committee shall made as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled.  Such nominations may be made from among members and non-members.

            Section 2. Election.  Election to the Board of Directors shall be by secret written ballot cast at the annual meeting.  At such election, the members of their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration.  The persons receiving the largest number of votes shall be elected.  Cumulative voting is not permitted.

ARTICLE VIII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS

            Section 1. Powers.  The Board of Directors shall have the power for and on behalf o the Association;

(a)                To adopt and publish rules and regulations governing the use of the Common Area and facilities and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof.

(b)               To exercise for the Association all power, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these Bylaws, the Articles of Incorporation of the Declaration.

(c)                To declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors without just cause having been furnished to and accepted by the Board.

(d)               To establish and disburse and maintain such petty cash fund as necessary for efficiently carrying on the business of the Association.

(e)               To engage the services of a manager, an independent contractor or such employees as it deems necessary, and to prescribe the conditions, compensation and duties of their work.  Such power shall include authority to enter into management agreements with other parties to manage, operate or perform all or any part of the affairs and business of the Association.

(f)                To establish and maintain a working capital and/or contingency fund for capital repairs to and replacement of the Common Area, or any part thereof.

(g)               To sue and/or defend in any court of law on behalf of the Association.

(h)               To establish and collect penalties and fines for defaults by Owners under these Bylaws or the Declaration.

(i)                 To acquire and maintain the Common Area and to grant easements, licenses or other rights in, on, over and/or across such properties.

(j)                To enter into contracts for legal, accounting and other professional services.

(k)               To establish and maintain one or more bank accounts.

(l)                 To delegate any of its rights, powers or duties to committees, managers or contractors who are competent to exercise the rights and powers and/or perform the duties so delegated; and

(m)             To generally provide for maintenance and preservation of the Properties and promote the health, safety and welfare of the Owners and to take such acts in connection therewith as the Board deems necessary.

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            Section 2. Duties.  It shall be the duty of the Board of Directors:

(a)               To cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members of at any special meeting, when such statement is requested in writing by one-fourth (1/4) of the Class A Members who are entitled to vote.

(b)               As more fully provided herein, and in the Declaration; (1) In the event the amount of the annual assessment against each Lot shall change, to fix the amount of such annual assessment (30) days in advance of the applicable annual assessment period, as hereinafter provided in Article XII, and (2) To send written notice of each such assessment to every Owner subject thereto at least thirty (30) days in advance of the applicable annual assessment period;

(c)               To issue or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether any assessment has been paid.  A reasonable charge may be made by the Board of Directors for the issuance of these one-fourth (1/4) of all of the votes of the entire membership or who are entitled to vote one-fourth (1/4) of the votes of the Class A membership.

            Section 3. Notice of Meetings.  Except as otherwise provided in the Articles of Incorporation, the Declaration, or these Bylaws, written notice of each meeting of the members shall be given by, or at the direction of the secretary or person authorized to call the meeting, by mailing a copy of such notice postage paid, at least 15 days before such meeting to each member entitled to vote thereat, addressed to the member’s address last appearing on the books of the Association, supplied by such member to the Association for the purpose of notice.  Such notice shall specify the place, day and hour of the meeting and, in the case of a special meeting, the purpose of the meeting.

            Section 4. Quorum.  The presence of the meeting of the members entitled to case and/or of proxies entitled to case one-tenth (1/10) of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these Bylaws.  If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have the power to adjourn the meeting from the time to time, without notice other than announcement at the meeting, until a quorum as aforesaid, shall be present to be represented.

            Section 5. Proxies.  At all meetings of the members, each member may vote in person or by proxy.  All proxies shall be in writing and filed with the secretary.  Every proxy shall be revocable and shall automatically ca=ease upon conveyance by the member of his Lot.

ARTICLE XI
OFFICERS AND THEIR DUTIES

            Section 1. Enumeration of Officers.  The officers of this Association shall be a president and vice-president, who shall at all times be members of the Board of Directors, a secretary, and a treasurer, and such other officers as the Board may from time to time by resolution create.

            Section 2. Election of Officers.  The election of officers shall take place at the first annual meeting of the Board following each annual meeting of members.

            Section 3. Term.  The officers of this Association shall be elected annually by the Board and shall hold office for one (1) year unless such officer(s) shall sooner resign, or shall be removed, or otherwise be disqualified to serve.

            Section 4. Special Appointments.  The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority and perform such duties as the Board may, from time to time, determine.

            Section 5. Resignation and Removal.  Any officer may be removed from office with or without cause by the Board.  Any officer may resign at any time by giving notice to the Board, the president or the secretary.  Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein; the acceptance of such resignation shall not be necessary to make it effective.

            Section 6. Vacancies.  A vacancy in any office may be filled in the manner prescribed for regular election.  The officer elected to such vacancy shall serve for the remainder of the term of the officer he replaces.

            Section 7. Multiple Offices.  The offices of (a) secretary and treasurer or (b) secretary and vice president may be held by the same person.  No person shall simultaneously hold more than one of any of the other offices except in case of special offices created pursuant to Section 4 of this Article.

            Section 8. Duties.  The duties of the officers are as follows:

President

The President shall preside at all meetings of the Board; shall see that orders and resolutions of the Board are carried out, shall sign all leases, mortgages, deeds, and other written instruments and shall co-sign all checks and promissory notes.

Vice-President

The Vice-President shall act in the place and stead of the President in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board.

Secretary

The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such other duties as required by the Board.

Treasurer

The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by the resolution of the Board; keep proper books of account, as from time to time directed by the Board cause an annual report of the Association books at the completion of a fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting and deliver a copy to the members upon written request.

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ARTICLE XII
ASSESSMENTS

            Section 1. Creation of the Lien and Personal Obligation of Assessments.  By the Declaration each member is deemed to covenant and agree to pay to the Association; (1) annual assessment charges, and (2) special assessments for capital improvements.  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 run with the land and be a continuing lien upon the property against which each such assessment is made.  Each such assessment, together with such interest, costs and reasonable attorneys’ fees shall also be the personal obligation of the person who was the Owner of such property at the time the assessment fell due and shall not pass to his successors in title unless expressly assumed by them.  In the event of a conflict between Section 3 of Article II of the Declaration and this Article XII, Section 3 of Article II of the Declaration  shall control.

            Section 2. Purpose of Assessments.  Subject to the terms of the Declaration, the assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area owned by the Association and areas affecting the houses situated upon the Properties.

            Section 3. Basis and Maximum of Annual Assessments.  Subject to the terms of Section 3 of Article II of the Declaration, until January 1st of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be $360.00 per Lot.

(a)               From and after January 1st of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than 10% above the maximum assessment for the previous year without a vote of the membership.

(b)               From and after January 1st of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above 10% by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy at a meeting called for this purpose.  Written notice of such meeting shall be sent to all members not less than 30 days nor more than 50 days in advance of the meeting setting forth the purpose of the meeting.  The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation.

(c)               After consideration of current maintenance costs and future needs of the Association, the Board may levy the annual assessment at an amount not in excess of the then applicable maximum.

(d)               Class B members shall not be subject to any annual or special assessment unless and until such Class B member completes construction of a unit (as defined in the Declaration ) on a Lot, in which event the Class B members shall be subject to any annual or special assessment only with respect to the Lot(s) on which completion of construction of a unit has occurred.

(e)               No assessment will commence to accrue against a Lot until such time as the later of (1) one hundred twenty (120) days after the conveyance of such Lot to a Class A member or completion of a Unit (as defined in the Declaration) on such Lot.

            Section 4. Special Assessments for Capital Improvements.  In addition to the annual assessments authorized above, the Association may, by a vote of two-thirds (2/3) of members, in the aggregate, who are voting in person or by proxy at a meeting called for this purpose, levy in any assessment year, special assessments as provided by the Declaration.

            Section 5. Exempt Property.  All properties dedicated to and accepted by a local public authority and all property designated as Common Area; and all properties owned by a charitable of nonprofit organization are exempt from the assessment created herein.  However, no land or improvements devoted to dwelling use shall be exempt from said assessments. 

            Section 6. Miscellaneous. 

(a)               The proceeds of the regular annual assessments shall not be used to reimburse Declarant for any capital expenditures incurred in construction or other improvements of common facility, nor for the operation or maintenance of such facilities incurred prior to conveyance unencumbered to the Association.

(b)               Attendant to the rights of the members is the right to inspect the books upon proper notice of fifteen (15) days to the Secretary of the Association.

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ARTICLE XIII
BOOKS AND RECORDS

            The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member.  The Declaration, the Articles of Incorporation and the Bylaws of the Association shall be available for inspection by any members at the principal office of the Association, where copies may be purchased at reasonable cost. 

ARTICLE XIV
CORPORATE SEAL

            The Association shall have a seal in circular form having within its circumference the words:  Parkwood Hill Estates Homeowners Association, Inc.

ARTICLE XV
FISCAL YEAR

            The Fiscal Year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of Incorporation.

ARTICLE XVI
AMENDMENTS

            Section 1.   These Bylaws may be amended, at a regular or special meeting of the members, by a vote of a majority, in the aggregate, of a quorum of members present or by proxy, except that the Federal Housing Administration or the Veterans Administration shall have the right to veto amendments while there is a Class B membership.

            Section 2.   In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control.

ARTICLE XVII
GENDER AND GRAMMAR

            The singular, wherever used herein, shall be construed to mean the plural when applicable, and necessary grammatical changes required to make the provision hereof apply either to corporations of individuals, men or women, shall in all cases be assumed as though in each case fully expressed.

ARTICLE XVIII
CONFLICT

             In the event of a conflict between the Declaration and these Bylaws, the Declaration shall control.

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Parkwood Hill Homeowner Association Architectural Control Committee

Guidelines for Home Beautification Projects

As a guide to assist all homeowners of the Parkwood Hill HOA, the Architectural Control Committee (ACC) has developed some guidelines for home beautification projects.  These guidelines outline those items that will or will not require approval by the ACC.  All items that require ACC approval must be submitted to the ACC for review and approval prior to the construction and/or implementation of the requested item(s).  Failure to receive approval by the ACC prior to construction and/or implementation may result in a fine according to the Parkwood Hill Estates Schedule of Fines.

These guidelines have been established to assure the beauty, safety, uniformity and value of the surrounding community.

Color Palette

Flowerbeds

 

Changes to flower beds beyond that provided by the builder must be submitted to the ACC for approval.  To obtain approval, an ACC form and plot plan must be submitted prior to modifications.  The following guidelines must be followed for making changes:

 

1.        Flowerbeds and trees may be outlined with durable materials that mirror the conformity of the external design, color, type and appearance of exterior surfaces of the home.  These materials may included but are not limited:

a.       Brick (must be same brick as used on the home) (must be placed in a safe manner to prevent falling over) (must be placed in a manner that prevents the holes from showing).

b.       Rock (color must coordinate with the colors of the home.

c.       Terrace stones (color must coordinate with the colors of the home)

d.       Green metal edging made specifically for flowerbeds.

2.        Flowerbeds must be trimmed around the edge and must be kept free of weeds.

3.        Shrubs and flowers may be planted, but must be maintained.  Shrubs must not grow taller than the eves of the home.

4.        Materials used to outline flowerbeds and trees must not interfere with water drainage.

5.        Once landscaping has been approved the homeowner has three (3) months to install materials.  After the three (3) month period, homeowner must request approval again.


Trees and Shrubs

 

Parkwood Hill encourages the planting of trees to add beauty to the neighborhood based on the following guidelines:

 

1.        Trees and shrubs may be planted between the sidewalk and curb, but must maintain a minimum spacing of fifteen (15) feet.   To obtain approval, an ACC form and plot plan must be submitted prior to modifications.  The ACC has the right to refuse a tree or shrub if there is a possibility of damage to the curb by the tree’s root system.  Bradford Pear and Live Oak are the suggested type of tree(s) but others will be taken into consideration based on the objectives listed above.  Additionally, the foliage line must be maintained at sufficient height to prevent obstruction of sight lines from both the street and sidewalk and prevent damage to automobiles or injury to pedestrians.

2.        Homeowners desiring to have more than two (2) trees in the front yard must submit a plot plan for approval to the ACC indicating the desired location of the trees.

3.        Homeowners desiring to have more than five (5) trees in the backyard must submit a plot plan for approval to the ACC indicating the desired location of the trees.

4.        Trees and shrubs must not be planted on any part of the property that would be a nuisance to adjoining properties.  Examples of nuisances may include but are not limited to tree or shrub limbs falling into the adjoining property, tree or shrub limbs that may touch a structure on the adjoining property, or excessive leaves blowing onto the adjoining property.

5.        Trees or shrubs that grow to a height greater than the eves of the house must be planted a minimum of ten (10) feet from the house.

6.        Additional factors to consider include tree or shrub size, shape and growth rate; whether it is deciduous or evergreen; soil and water requirements, pest problems and the amount of litter produced.  Naturally, a tree’s ornamental characteristics – flowers, fall color, foliage texture, and other features are also important.

7.        Trees that could grow in excess of fifty (50) feet in height must not be planted.

8.        All planted trees and shrubs shall be maintained.  Trees and shrubs that are diseased or dead must be removed immediately.

9.        Additional questions can be directed to the Architectural Control Committee chairperson by calling the following number:  817-605-1516.

*Use all available resources to make a list of trees adapted to the area.  Many books with general information about tree adaptation are available at libraries.  Also, check with your local 4H Cooperative Extension Agent, landscape professional or Parks Department for a list of locally adapted trees.

 

Lighting

 

Attractive landscape lighting or security lighting may be installed, provided the lighting does not intrude on neighboring lots.  All power cable/extension cords must be buried and out of sight.  Bright colored extension cords are not allowed.


Water Hose Holders

 

Water hoses shall be kept on either an open or closed reel.  The reel shall be properly maintained.


Park Benches

 

A Park bench may be placed in the front yard provided:

1.        The bench and surrounding area is maintained in a manner that reflects the harmony of the neighborhood.  Deteriorating benches must be either removed or repaired.  Park benches must be made of masonry, wood, or metal (metal must be painted).

2.        The bench is not placed on any part of the property that would be a nuisance to adjoining properties.


Statues, Water Fountains, and Yard Decorations

 

A statue may be placed in the front yard provided that:

1.        The statue is constructed out of a durable product such as wood or masonry (cardboard cut outs are not permitted).

2.        The statue is limited to the flowerbed and not more than three (3) feet tall.

3.        The statue is not offensive in nature, as determined by the Board.

4.        The statue is maintained in a manner that reflects the harmony of the neighborhood.  Deteriorating statues must be either removed or repaired.

5.        The statue is not placed on any part of the property that would be a nuisance to adjoining properties.

 

Water fountains may be placed in the front yard only with prior ACC approval.  Water fountains requiring electricity must also have a city permit.

 

Non-holiday yard decorations may be placed in the front yard provided that:

 

1.        The non-holiday yard decoration is constructed out of a durable product such as wood or masonry.

2.        The non-holiday yard decoration is limited to the flowerbed and not more than thirty-six (36) inches tall.

3.        The non-holiday yard decoration is not offensive in nature.

4.        The non-holiday yard decoration is maintained in a manner that reflects the harmony of the neighborhood.  Deteriorating yard decorations must be either removed or repaired.

5.        The non-holiday yard decoration is not placed on any part of the property that would be a nuisance to adjoining properties.


Holiday Decorations and Lights

 

With the exception of Christmas decorations, holiday decorations may be placed in the yard or on the house not more than four (4) weeks prior to the holiday and must be removed no more than two (2) weeks after the holiday.

 

Christmas decorations may be placed in the yard or on the house one (1) week before Thanksgiving and must be removed no more than two (2) weeks after the New Year.

 

Holiday decorations may be constructed from any material, provided the decorations reflect the harmony of the neighborhood.  Deteriorating decorations must be either removed or repaired.

 

It is the responsibility of the homeowner to be aware of and comply with electrical safety standards to not overload electrical circuits.


Front Doors and Garage Doors

 

Front doors and garage doors may not be painted any color other than the standard color provided by the builder without prior approval by the ACC.

 


Lawn Care

 

All properties must be mowed, trimmed, and edged.  Grass must not exceed a height of eight (8) inches and should not extend over sidewalks and driveways by more than two (2) inches.  Weed control must be applied to prevent/extinguish weeds from growing on the property.

 

Yards shall be maintained to assure the beauty and uniformity of the surrounding community.  Landscaping provided by the builder that is removed must be replaced or maintained within fifteen (15) days and must receive ACC approval prior to removal.


Flags

 

Flags may be flown from poles attached to the house provided the pole is no more than six (6) feet in length. This does not require prior approval from the ACC.

 

A freestanding flagpole may be placed in the yard only upon prior approval from the ACC.  An ACC form and plot plan must be submitted prior to modifications.


Storage Sheds

 

Storage sheds may be placed only in the back yard provided the following guidelines are met:

1.        ACC approval is required prior to construction of the shed.

2.        A Fort Worth city permit must be obtained.

3.        Sheds must be constructed out of materials that mirror the conformity and harmony of the external design, color, type and appearance of exterior surfaces of the house.  No metal sheds will be allowed.

4.        Sheds taller than eight (8) feet in height must maintain a roof pitch similar to the house and must be shingled with similar shingles (in color and style).

5.        Deteriorating sheds must be either removed or repaired.

6.        Sheds may not be placed in side or front yards. 

 

Arbors and Patio Covers

 

Arbors and patio covers may be constructed provided the following guidelines are met:

1.        ACC approval is required prior to construction of the arbor or patio cover.

2.        A Fort Worth city permit must be obtained.

3.        Arbors and patio covers must be constructed out of materials that mirror the conformity and harmony of the external design, color, type and appearance of exterior surfaces of the house.

4.        Deteriorating arbors and patio covers must be either removed or repaired.

 

Basketball Goals

 

Permanent and portable basketball goals must be put on a pole and must receive prior approval from the ACC.  Basketball goals shall not be attached permanently to the home and must never at any time be placed on the sidewalk, blocking the path of pedestrians or placed in the street obstructing oncoming traffic.  All basketball goals, once approved, must be installed and maintained according to the manufacturers specifications.  Failure to do so will result in a request to remove the goal. 


Vehicles, Trailers, Boats, Equipment

 

No bus, semi-trailer, tractor, machinery, equipment, truck larger than a 1-ton pickup, boat, trailer, or non-passenger vehicle of any type shall be kept, parked, placed, maintained, constructed, or repaired on or in the street, except for construction and repair vehicles during the period of construction on a lot.  No motor vehicle of any type shall be constructed or repaired on the street or on any lot in a location that is visible from any street or neighboring property.

 

Motor homes, recreational house trailers, horse trailers, campers, boats, boat trailers, trailers of any type, and non-passenger vehicles of all types may be parked, stored or kept on a lot, only within a garage or in such a manner as to be widely screened from view by a screening structure or fencing so as to not be visible from a neighboring property or from streets or access roads, and shall never be used as a temporary or permanent dwelling.  Such vehicles may not be kept, placed, or maintained on any undeveloped lot at any time.  No motorized vehicles of any kind shall be operated in any manner, which is dangerous, noisy, or creates a nuisance.

 

A grace period of four (4) weeks will be allowed from the closing date to adhere to said guidelines. 

 

Garbage, Recycling, and Yard Bins

 

Per City of Fort Worth Municipal Code, Section 12.5-825, garbage carts, recycling carts, yard trimming carts, small bundled brush and bulk trash items shall be placed at the curb no earlier than 6:00 p.m. on the day preceding the scheduled collection day.  All carts and bags must be removed from the curb, and from public sight, by 11:59:59 p.m. of the scheduled collection day unless a missed collection is reported to the solid waste customer service section in accordance with section 12.5-825 (f) of the City code.  All carts must be stored out of public view, which includes the side of the home in front of the fence.  All carts should be stored either in the garage or behind the fence.

 

Fines

 

Failure to comply with these Guidelines may result in fines being imposed against the owners and lots. 

Updated: 11/28/05

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