Deed Restrictions Page 1
BELLA VISTA LIVINGSTON, A CONDOMINIUM
the context otherwise specifies or requires, the following words and phrases
when used herein shall have the following meanings:
“Act” shall have the meaning ascribed thereto in
the introductory paragraph of this Declaration.
“Articles” or “Certificate” mean the Certificate
of Formation of the Association, and all amendments thereto.
“Assessment” means a share of the funds required
for the payment of Common Expenses that from time to time are assessed against
any Owner, including Regular Assessments and Special Assessments, dues, fees,
charges, interest, costs or any other amounts due to the Association by the
Owner or levied against the Unit by the Association.
“Association” shall mean Bella Vista Livingston
Condominium Owner’s Association, Inc., a nonprofit corporation organized
pursuant to the Texas Non-Profit Corporation Act, its successors and assigns,
of which all Owners shall be members, which corporation shall be the governing
and administrative body for all Owners for the protection, preservation, upkeep,
maintenance, repair, operation and replacement of the common elements, and the
government, operation and administration of the Condominium and the Condominium
“Balcony” means any balcony or terrace attached
or contiguous to the Building and appurtenant to a Unit.
“Board” or “Board of Directors” means the Board
of Directors of the Association, as established in the Certificate and the
“Boat Slip” means an assigned area for docking a
“Book of Mortgages” shall have the meaning set
forth in Paragraph 18.A hereof.
“Building(s)” is the improvements to be
constructed on the Land containing or which will contain up to five (5)
buildings, containing nine (9) Units each to be constructed by Declarant, as
shown on the Condominium Plan.
“Bylaws” means the Bylaws of the Association
attached hereto as Exhibit A and incorporated herein by reference for all
purposes, which shall govern the administration of the Association, as such
Bylaws may be from time to time hereafter lawfully amended.
“Casualty” means a fire, storm, earthquake,
flood, natural disaster or other occurrence of any kind or nature, which causes
damage or destruction to any part of the Condominium.
“Common Elements” means all of the General
Common Elements and all of the Limited Common Elements as described in
Paragraph 3 hereof (i.e., the
Condominium exclusive of the Units).
“Common Element Costs” shall have the meaning
ascribed thereto in Paragraph 14.C.i hereof.
“Common Expenses” shall mean the expenses
incurred after the date the first Deed conveying a Unit is recorded in the Real
Property Records of Polk County, Texas, for the improvement, maintenance,
repair, operation, management and administration of the Condominium; expenses
declared Common Expenses either by the provisions of this Declaration or the
Bylaws; and all sums lawfully assessed against the Common Elements by the
Board. Common Expenses shall include sums assessed to maintain a reserve fund
for the repair and replacement of the Common Elements.
“Common Expense Fund” shall mean the fund into
which Regular Assessments for Common Expenses are collected, and out of which
Common Expenses are paid.
“Condominium” shall mean the Bella Vista
Livingston Condominium, as a condominium established in conformance with the
provisions of the Act, including the Land, and improvements, buildings,
structures, facilities, fixtures and equipment constructed, placed or erected
thereon, and all easements, rights, hereditaments and appurtenances thereto in
any wise belonging or appertaining thereto, subject to the reservations herein
“Condominium Documents” means (i) this
Declaration; (ii) the Certificate; (iii) the Bylaws; (iv) the Rules and
Regulations; and (v) the Condominium Plan.
“Condominium Plan” means the plans or plats of
the Condominium attached hereto as Exhibit “B”, comprised of the following parts:
Part I: a legal description of the Land;
Part II: a plat of the Condominium showing the
location of the Building and related improvements; and
Part III: a plat of each floor of the Building
showing, among other matters, each Unit, its boundaries (horizontal and
vertical), area, floor and Unit number, and a plat of each floor of the
Building and the location of the parking spaces.
“Condominium Unit” means a Unit together with
the undivided share of or ownership interest in the Common Elements appurtenant
thereto which interest in General Common Elements corresponds to its Percentage
of Common Interest Ownership as more particularly described in Paragraph 6.E hereof, together with
the rights of that Unit in any Limited Common Elements designated for that
Unit, whether exclusively or in conjunction with one or more of the Units.
“Declaration” means this Declaration of
“Deed” means each Deed by which Units are
conveyed by Declarant to Owners other than Declarant.
“Declarant” means Bella Developments, Inc., its
successors and assigns (insofar as any rights or obligations of Declarant are
expressly assigned by it in whole, in part or by operation of law), including,
but not limited to, a person, firm, corporation, limited liability company,
partnership, association, trust or other legal entity, or any combination
thereof, who or which acquires all or substantially all of the Units then owned
by Declarant, together with its rights hereunder, by conveyance or assignment
from Declarant, or by judicial or non-judicial foreclosure, for the purpose of
selling such Units to the public.
“Director” means a member of the Board.
“Eligible Mortgagee” means a Mortgagee holding a
first lien mortgage on a Unit that has submitted a written request that the
Association notify it on any proposed action requiring the consent of a
specified percentage of Eligible Mortgagees.
“First Mortgage” shall mean a mortgage, deed of
trust or other Security Interest on a Condominium Unit, which has priority over
all other mortgages, deeds of trust or other Security Interests on the
“First Mortgagee” shall mean and refer to any
person named as a mortgagee or beneficiary under any First Mortgage, or any
successor to the interest of any such person under such First Mortgage.
“General Common Elements” shall mean the
undivided interests of all Owners in the Land and all buildings and other
improvements thereon except the Units and Limited Common Elements, and shall
include, without limiting the generality of the foregoing, all of these items
described or referenced in Paragraph 3.A hereof.
“Bella Vista Livingston” shall mean the
“Land” shall mean 9.31 Acres in Polk County,
Texas, as more particularly described in Exhibit B.
“Limited Common Elements” shall mean those
Common Elements which are either limited to and reserved for the exclusive use
of one Owner, or limited to and reserved for the common use of more than one,
but fewer than all, of the Owners, and shall include, but not be limited to,
all of those items described or referenced in Paragraph 3.B hereof.
“Majority of Unit Owners” means the Owner or
Owners of Units whose aggregate undivided Percentages of Common Interest
Ownership in the Common Elements is in excess of fifty percent (50%).
“Managing Agent” shall mean any professional
manager (whether a person or firm) who contracts with the Board to manage the
Condominium for an agreed compensation, which may be $0.00 (zero).
“Master Policy” means the master insurance
policy maintained by the Association pursuant to Paragraph 13 hereof.
“Mortgagee” means a bank, savings and loan
association, insurance company, mortgage company, real estate investment trust,
recognized institutional-type lender or its loan correspondent, agency of the
United States government, person, corporation, limited liability company,
partnership, association, trust corporation or other legal entity (including,
without limitation, Declarant) which owns, holds, is the beneficiary of or
collateral assignee of the beneficiary of a mortgage or deed of trust
encumbering a Condominium Unit.
“Owner” means a person or persons (or their estate(s),
firm, corporation, limited liability company, partnership, association, trust
or other legal entity, or any combination thereof) who or which jointly or
collectively own aggregate fee simple title to one (1) or more Units,
including, without limitation, Declarant, but does not include a person or
entity having an interest in a Unit solely as security for an obligation.
“Percentage of Common Interest Ownership” means
the percentage of common interest ownership assigned to each Unit pursuant to
Paragraph 6.E hereof.
“Person” means a natural individual,
corporation, limited liability company, partnership, trustee, association,
personal representative or other legal entity capable of holding title to real
“President” means the President of the Board.
“Regular Assessments” means Assessments which
are described in Paragraph 11.A hereof.
“Rules and Regulations” means the Rules and
Regulations of the Association, the initial version of which are attached to
the Bylaws as Schedule “A,” as from time to time amended by the Board in
accordance with the provisions of this Declaration and the Bylaws, concerning
the use by Owners of the Common Elements and the administration of the
“Secretary” means the Secretary of the Board.
Assessments” means Assessments other than those described in Paragraph 11.A hereof.
“Unit” means one of the separate and individual
units of space into which the Building is divided for individual and separate
use and ownership, as provided for in the Act and described in this Declaration
and the plats attached hereto, including the air space encompassed by the
boundaries of the Units, and interior surfaces contained within the demising
walls, closed doors and closed windows of the Unit and the structural floor and
ceiling of such Unit as shown on the Condominium Plan, also including all
fixtures and improvements therein contained, but not any of the structural
components of the Building, and certain other construction and elements thereof
or therein which are to be individually and separately owned, as hereinafter
defined, described and established in this Declaration, encompassing an
enclosed air space and appurtenant Balcony, if any.
“Unit Costs” shall have the meaning ascribed
thereto in Paragraph 14.C.ii hereof.
The individual Units, more particularly described in Paragraph 6 hereof, are to be used
only for the purposes permitted in Paragraph 15.A hereof. Each Owner
shall own title in fee simple to his or her Unit and shall have the exclusive
right to the use and occupancy of his or her Unit, subject to the provisions of
this Declaration. There shall be appurtenant to each Unit:
An undivided share of the General Common
Elements corresponding to its Percentage of Common Interest Ownership and the
exclusive right to use such Limited Common Elements as are appurtenant to such
Membership of the Owner in the Association.
Rights. Subject to the provisions of Paragraph 6, the Declarant
reserves the right to (i) create Units, Common Elements, or Limited Common Elements
within the Condominium and (ii) combine or subdivide Units or convert Units
into Common Elements.
Common Elements of the Condominium are as follows:
Common Elements. The General Common Elements consist of:
The Land, including all drives, driveways,
sidewalks, outside walkways, security facilities, landscaping, parking areas,
pool, recreational area and beach parking areas.
The foundations, main, common and bearing walls,
girders, slabs, beams and columns (including any windows and doors therein),
exterior walls to interior of studs, structural and supporting parts of the
Building, roofs, ceilings, floors, halls, lobbies, mailroom, mechanical rooms,
areas used for storage of maintenance and janitorial equipment and materials,
thoroughfares such as stairways, entrances, elevators, exits or communications
ways, storage areas, service easements and any other portion of the Building
not included within any Unit or designated hereby as a Limited Common Element;
The elevators and elevator shafts, utilities
and, in general, all devices or installations existing for common use by the
Parking spaces, which are designated with the
words “Loading Area” or “Service Parking” on the Condominium Plan;
The premises, facilities and tangible personal
property, if any, used for the common storage, maintenance, operation or repair
of the Condominium;
The fire protection system and security system,
and components relating thereto;
To the extent that they serve more than one
Unit, cable receivers, other telephone, cable, video and fiber optic facilities
and all equipment appurtenant thereto (if any);
The components or installation of equipment and
materials comprising central services such as electrical power, water,
refrigeration, air conditioning and heating equipment or components,
reservoirs, waste collection, water tanks and pumps, and all similar devices
and installations to the extent or which they serve more than one Unit;
All other elements necessary to the existence,
upkeep and safety of the Condominium including any portion of the Building and
the Land not specifically a Unit, appurtenant to a Unit or a Limited Common
All other structures, facilities and equipment
not part of or serving the Unit(s) and owned by the Association and located in
the Condominium (but specifically excluding all heating ventilation and air
conditioning equipment); and
All replacements and additions to any of the
Common Elements. The Limited Common Elements, being those Common Elements
which are hereby designated as reserved for the use by specified Owners to the
exclusion of others, consist of the following:
If any air handlers, pipes, ducts, electrical
wiring, communication equipment, conduits, chutes, flues, ducts, wires, plumbing
fixtures, bearing walls, bearing columns or other fixtures is partially within
and partially outside the designated boundaries of a Unit, then the portion
serving only that Unit is a Limited Common Element allocated solely to that
Unit, and the portion serving more than one Unit or the Common Elements is a
part of the General Common Elements;
Parking spaces and boat slips will be designated
by number on the Condominium Plan and assigned as an appurtenance to a Unit;
Storage cabinets, if any assigned as an
appurtenance to a Unit;
Each Balcony assigned as an appurtenance to a
A parking space or boat slip may be reallocated
by amendment to this Declaration, executed by the Owners whose use of such
parking space or boat slip is or may be directly affected by the reallocation.
The Owners executing the amendment shall deliver it to the Association, which
shall record it at the expense of the reallocating Owners; and
Use of the
Common Elements. Each Owner shall have the right and non-exclusive easement
to use and enjoy the Common Elements, in common with all other Owners, for the
purposes for which they are intended and may be required for the purposes of
access and ingress and egress to and the use and occupancy and enjoyment of the
respective Units owned by such Owners without hindering or encroaching upon the
lawful rights of other Owners; provided, however, that the Association may
temporarily suspend an Owner's rights under the easement granted herein, other
than for ingress and egress, for the failure to pay Assessments or to abide by
the Rules and Regulations for use of the Common Elements. Such right to use and
enjoy the Common Elements shall extend to each Owner, the members of his and/or
her immediate family, the tenants or other lawful occupants of ach Unit and
their guests, visitors, invitees or permittees, and all such other persons as
ay be invited or permitted by the Board or its representative to use or enjoy
the Common elements or any part thereof. Such right to use the Common Elements
shall be subject to and governed by the provisions of the Act and the
Condominium Documents. The Common Elements are not subject to partition and any
purported conveyance, judicial sale or other voluntary or involuntary transfer
of an undivided interest in the Common Elements without the Unit to which such
interest is allocated is void. Each Owner shall be deemed to have an easement
in the interest of all other Owners in the Common Elements for the
installation, maintenance, repair or replacement of all individually owned
fixtures, equipment and appliances which are in any way affixed to, supported
by or located in any space or structure constituting part of the Common
Elements, and the cost of such installation, maintenance, repair or replacement
shall be borne by such Owner. The costs and expenses for the maintenance,
repair, upkeep, operation and replacement of the Common Elements shall be a
common expense of all Owners in proportion to their respective Percentages of
Common Interest Ownership.
Limited Common Elements. Parking spaces and boat slips, if any, shall be
Limited Common Elements for the exclusive use of the Owner of the Unit to which
they are appurtenant pursuant to this Declaration but only as and to the extent
indicated in the Condominium Plan and/or each Deed. Any conveyance or
encumbrances of a Unit shall be deemed to convey or encumber such Unit and all
appurtenances thereto as set forth in Paragraph 2 hereof without
specifically or particularly referring to any such appurtenances. Parking
spaces, if any, designated as guest parking spaces or service parking on the
Condominium Plan shall be under the control of the Board which shall promulgate
rules and regulations for the use thereof.
Until all of the Units have been conveyed by
Declarant, Declarant expressly reserves the right at any time, and from time to
time, to prohibit the use of any parking spaces appurtenant to unsold Units.
of Interest in Common Elements. Any conveyance, encumbrance, judicial sale
or other transfer (voluntary or involuntary) of an individual interest in the
Common Elements will be void unless the Unit to which that interest is
allocated is also transferred.
Each Owner shall bear the cost of maintenance,
repair and replacement of the following items within such Owner's Unit or
exclusivity serving such Unit; interior surfaces of all perimeter walls;
interior surfaces of all structural or load bearing interior walls; interior
surfaces of all ceilings and floors (including carpeting, tile, wallpaper,
paint or other covering); nonstructural or non-load-bearing interior walls;
heating, cooling and ventilation systems; garbage disposals, ranges,
refrigerators, dishwashers and any and all other appliances of any nature
whatsoever; interior and exterior doors and hardware; interior glass surfaces,
window panes, mullions and light bulbs; plumbing and other fixtures of any nature
whatsoever; “built-in” features; any decorative features; and any furniture and
furnishings. All of the exteriors of the doors and all glass in windows and
doors will remain in conformity with the original installation. In particular,
the Owner shall have performed (i) the inspections recommended in the
Maintenance Manual for the property for which the Owner is responsible for
maintenance, and (ii) all necessary maintenance when recommended as a
result of these inspections. THE OWNER HEREBY WAIVES ALL CLAIMS IT MIGHT
OTHERWISE HAVE AGAINST THE ASSOCIATION, THE DECLARANT, ITS CONTRACTOR AND
SUBCONTRACTORS, AND DESIGN CONSULTANTS AND SUBCONSULTANTS WITH RESPECT TO THE
PROPERTY IF (A) SUCH INSPECTIONS ARE NOT TIMELY PERFORMED, OR (B) MAINTENANCE
IS RECOMMENDED DUE TO THE INSPECTIONS AND THE RECOMMENDATIONS FOR MAINTENANCE
ARE NOT IMPLEMENTED. Should an Owner fail to maintain or repair its Unit or any
portion of the Limited Common Elements appurtenant to such Unit, the Board may
effectuate same and assess the Owner for the cost thereof.
Within thirty (30) days after the date of
acquiring an interest in a Unit, the Owner shall provide the Association with:
(a) the Owner's mailing address, telephone number and driver's license number,
if any; (b) the name and address of the holder of any lien against the Unit and
any loan number; (c) the name and telephone number of any Person occupying the
Unit other than the Owner or Owners; and (d) the name, address and telephone
number of any Person managing the Unit as agent for the Owner. An Owner shall
notify the Association within thirty (30) days after the Owner has notice of a
change of any of the information set forth in (a) through (d) above, and shall
provide that information on request by the Association from time to time.
Elements. The Common Elements shall be maintained in good condition by the Association,
subject to reasonable wear and tear and Casualty. The costs and expense for the
upkeep and maintenance of the Common Elements shall be a Common Expense of the
Owners, and shall be included in the Assessments for the usual and ordinary
costs and expenses for the maintenance, repair, upkeep and operation of the
Common Elements, and each Owner shall pay his or her pro-rata share thereof. In
particular, the Association shall have performed the inspections recommended in
the Maintenance Manual for the property for which the Association is
responsible for maintenance, and all necessary maintenance when recommended as
a result of these inspections. The Association shall indemnify, defend and hold
harmless Declarant, its contractor and subcontractors, and design consultants
and subconsultants with respect to all claims made concerning the property as
to which such inspections as recommended in the Maintenance Manual are not
timely performed, or as to which maintenance is recommended in the Maintenance
Manual if the recommendations for maintenance are not implemented.
Each Owner shall bear the cost of any utility service for his or her Unit,
which is individually metered and billed directly by the utility company
furnishing such service to such Owner. Telephone, electricity, water, and cable
television shall be made available to each Unit and shall be individually
metered. Except to the extent such costs are borne by each Owner as set forth
in the preceding sentence, the cost of common area water, electricity, trash
removal and any other utility service shall be a Common Expense. With the
exception of common ownership with other Owners, no Owner shall be deemed to
own the utilities, which run through his or her Unit and serve one or more
Easements and Licenses.
addition to the easements and licenses recited in Exhibit “C” hereto, the
ownership of each Condominium Unit shall be subject to the easements and
licenses, which are described in this Section 5.
Subject to such reasonable rules as the Association may from time to time
impose, each Owner shall have the following easements to, through and over the
Common Elements to the extent necessary for such Owner's maintenance
to paint, remove and replace any finish on the
interior surface of any Common Element within his or her Unit;
to install, repair, maintain, remove and/or
replace any plumbing, heating, cooling, lighting, cooking or other fixture or
equipment which is a part of his or her Unit or which would become a part
thereof when installed in any bearing wall, floor, ceiling or roof; provided,
however, that such installation, repair, maintenance, removal and/or replacement
shall not impair the structural integrity of the Building, nor shall it
adversely affect any adjacent Unit nor shall it alter the external appearance
of the Building, nor shall it be visible from the outside of the Building, nor
shall it be performed on the roof of the Condominium without the written
permission of the Association; and
to drive and remove
nails, screws, bolts and the like into and from bearing walls, floors, ceiling
and roof; provided, however, that such action shall not