Bella Vista Waterfront Condominiums
Presented by - "A" Action Realty

Page 5

               leash when away from the condominium. At no time shall any animal be kept, bred, or maintained in the condominium which is deemed to be inherently dangerous in the sole and exclusive opinion of the Association, nor any animal which is trained and/or utilized for fighting. For purposes of this paragraph, the breeds of dogs commonly known as pit bull terriers, Dobermans, and Rottweilers full or mixed are presumptively deemed to be inherently dangerous. Any pet kept by unit owner which acts in a threatening manner to another property owner, their family or invited guests or another pet shall be prohibited and not permitted to be kept on any lot.

B.                  Storage/Refuse/Obstructions. The Common Elements shall not be used for storage of supplies, personal property, garbage or refuse of any kind (except common garbage receptacles, storage spaces which are Limited Common Elements, storage buildings or other similar structures which may from time to time be placed upon the Common Elements at the discretion of the Declarant or the Board). Stairs, entrances, hallways, sidewalks, drives and parking areas shall not be obstructed in any way nor shall unauthorized persons or animals play therein or thereon or use such areas for other than their intended purposes. In general, no activities shall be conducted nor conditions maintained by any Owner either in his or her Unit or upon the Common Elements, which detracts from the uniform appearance of the Condominium.

C.                  Maintenance. Each Owner shall maintain his or her Unit and any Limited Common Elements appurtenant thereto in a clean, safe and sanitary condition. Each Owner shall also use due care to avoid damaging any of the Common Elements, including, but not limited to, telephone, water, gas, cable, television, plumbing, power or other utility systems throughout the Condominium and each Owner shall be responsible for his or her negligence or misuse of any of the Common Elements or his or her own facilities resulting in damage to the Common Elements.

D.                 Compliance with Laws. Each Owner shall promptly and fully comply with all applicable laws, rules, ordinances, statutes, regulations, or requirements or any governmental agency or authority with respect to the occupancy and use of his or her Unit.

E.                  No Right of First Refusal. Any Owner (including Declarant) may sell, transfer or otherwise convey such Owner's Condominium Unit free from, and such sale, transfer or other conveyance shall not be subject to, any right of first refusal or any similar restriction in favor of the Association.

F.                  Vehicles: Parking Spaces. Vehicles not in operating condition shall not be parked, repaired or stored (on blocks or otherwise) within the Condominium. Without limitation, vehicles shall be deemed not to be in operating condition if same have expired or missing license tags and/or inspection stickers, or are incapable of being driven due to mechanical condition of any kind. Boats, trailers, campers, motor homes, recreational vehicles, trucks (other than standard-size pick-up trucks), and the like shall not be parked within the Condominium in areas designated for passenger vehicles. No noisy or smoky vehicles may be operated on the Condominium. No vehicles may be parked in the driveway of the Condominium. No motorcycles without mufflers shall be permitted in the Condominium. No go-carts or mini-bikes may be ridden within the Condominium.

G.                  Guest Parking. No persons, other than Owners, may park in the covered parking spaces within the Condominium.

H.                 Fireworks. The use or discharge of firearms, firecrackers or fireworks is expressly prohibited within or from the Condominium.

I.                    Garage Sales. No garage sale, tag sale, estate sale or other type of sale of property is allowed within the Condominium.

J.                    Business and Sales Office. None of the restrictions contained in this Paragraph 15.O shall apply to the, management, sales and/or leasing office or offices, sales and/or leasing model Units, or signs or billboards (advertising sales/leasing of Units), if any, of Declarant during the sales and/or leasing period of the Condominium (it being understood that Declarant may maintain a sales/leasing office in the Condominium and one or more sales/leasing model Units in the Condominium during such period and the number, size, location and relocation of such offices and models shall be entirely within the discretion of Declarant) or of the Association in furtherance of its power and purposes set forth herein and in the Condominium Documents, as the same may be amended from time to time, including, without limitation, the power of the Association to own a Unit for the use and enjoyment of a resident manager of the Condominium.

K.                  Garbage, Trash and Rubbish. All garbage, trash, rubbish and other waste shall be regularly removed from the Condominium and shall not be allowed to accumulate thereon. No garbage, trash, rubbish, waste, or waste bins or receptacles therefor shall be permitted to remain on any portion of the Common Elements, except on those days specifically scheduled for collection thereof and in areas specifically designated therefor. All garbage, trash, rubbish and other waste shall be kept only in sanitary containers. Notwithstanding anything to the contrary contained in this Declaration, Owner and Owner's contractors, subcontractors, agents, employees and other parties involved in any construction to or on such Owner's Unit shall confirm that any and all refuse, waste, trash, garbage, rubbish, remains, scraps, and other materials and supplies which are brought onto the Condominium by such parties, or any of them, is removed, at such Owner's expense, at such times, manners and locations as may be required by the Association or the Managing Agent (if any).

L.                  Vehicle Prohibitions.  In an effort to minimize damage to the Bella Vista roadways, all 18-wheeler trucks and other multi- axel vehicles will be prohibited from entering through the gate of the Bella Vista Condominium site. All moving, delivery and maintenance vehicles must be single axel. In addition, as stated above, the riding of mini-bikes or go-carts within the condominium site is also prohibited.   

2.                 Sale and Ownership

A.                  Condominium. The elements of each Condominium Unit shall be inseparable, and may be sold, assigned, leased, devised or encumbered only as a single condominium unit.

B.                  Deed/Description of Unit. Every deed, lease, mortgage, deed of trust, will or other instrument may legally describe a Condominium Unit by its identifying Unit number followed by the words “ the Bella Vista Livingston” and reference to the volume and beginning page number of the Condominium Records of Polk County, Texas, in which this Declaration is recorded. Every such description shall be good and sufficient for all purposes to sell, convey, transfer, encumber or otherwise affect not only the Unit but also the Common Elements appurtenant thereto. The initial Deeds conveying each Condominium Unit to each Owner may contain reservations, restrictions, exceptions and exclusions which Declarant deems to be consistent with and in the best interests of all Owners (including Declarant) and the Association.

C.                  Capacity of Owners. A Condominium Unit may be held and owned by more than one person in any real property relationship recognized under the laws of the State of Texas.

3.                 Uniform Applicability of Condominium Documents.

In general, each Owner shall be subject to all the rights and duties assigned to Owners in general under the terms of the Condominium Documents. To the extent there are unsold Units owned by Declarant, Declarant shall enjoy the same rights and assume the same duties as any other Owner would as they relate to each individual unsold Unit. So long as Declarant owns one or more Units, Declarant shall be subject to the provisions of the Condominium Documents.

4.                 Mortgages and Mortgagee Protections

A.                  Book of Mortgages. Any Owner who mortgages his or her interest in a Condominium Unit shall, within ten (10) days after the execution of such mortgage, give notice to the Association in writing of the name and address of his or her Mortgagee and of any eligible insurer, guarantor, or collateral assignee of his or her Mortgagee, and the amount secured by the mortgage, and the Association shall maintain such information in a book (the “Book of Mortgages”) entitled “Mortgages of Condominium Units.” The Book of Mortgages shall be separately maintained by the Association or by a person designated by the Association. Each Owner shall, in the same manner, notify the Association as to the release or discharge of any such mortgage.

B.                  Notices to Mortgagees. The Association shall, at the written request of any Mortgagee, insurer, guarantor, or collateral assignee of a Mortgagee appearing in the Book of Mortgages, notify such Mortgagee, insurer, guarantor, or collateral assignee of a Mortgagee of: (i) any unpaid assessments due from the Owner of such Condominium Unit to the Association, (ii) the name of each company insuring the Condominium under the Master Policy and the amounts of the coverages thereunder, and of any lapse, cancellation or material modification thereof, (iii) any monetary default by an Owner, (iv) the Association's intent to foreclose its lien in accordance with Paragraph 11.H, (v) any proposed action that requires the consent of a specified percentage of Eligible Mortgage Holders, and (vi) any casualty to, or taking of, either a material portion of the Condominium or the Condominium Unit securing its loan.

C.                  Effect on Mortgagees. Any First Mortgagee, upon foreclosure of its lien on a Condominium Unit, or upon acceptance of a deed in lieu of foreclosure thereon, shall not be required to pay any unpaid assessments owing thereon which accrue after the date of recordation of its First Mortgage and prior to the acquisition of title to such Condominium Unit by any such First Mortgagee, but shall be liable for such unpaid assessments accruing from and after the date that such First Mortgagee or its assignee acquires title to such Condominium Unit. Any assessment lien created or claimed hereunder as to any Condominium Unit shall be subject and subordinate to the rights of any holder of any duly recorded First Mortgage upon such Condominium Unit made in good faith and of value as to assessments due and payable after the date of recordation of such mortgage and prior to the date such First Mortgagee acquires title to such Condominium Unit. Except as expressly set forth herein, no lien created under the provisions of this Declaration shall in any way defeat, invalidate or impair the rights of any First Mortgagee under any such duly recorded First Mortgage unless such First Mortgagee thereunder shall expressly subordinate its interest, in writing, to such lien.

D.                 Subordination Agreements. Notwithstanding anything contained in this Declaration to the contrary, the Association may, upon the affirmative vote of Owners entitled to vote and holding in the aggregate more than fifty percent (50%) of the Percentages of Common Interest Ownership assigned to all Units, execute a subordination agreement or agreements to extend the benefits of the two preceding paragraphs to mortgages, deeds of trust and Mortgagees not otherwise entitled thereto

E.                  Binding on Mortgagees. No breach of any provision of this Declaration shall impair or invalidate the lien of any duly recorded mortgage or deed of trust made in good faith and for value encumbering one (I) or more Condominium Units; provided, however, that all the covenants, conditions, restrictions, limitations, reservations, grants of easements, rights, rights­ of-way, liens, charges and equitable servitudes contained in this Declaration shall be binding upon and effective against any person who acquires title to or any beneficial interest in any Condominium Unit by way of foreclosure or otherwise.

F.                  Financial Statements. To the extent, the Association does not have an audited financial statement; any First Mortgagee shall have the right to have an audited financial statement prepared at its own expense.

G.                  Working Capital Requirements. Declarant may establish a working capital fund to meet unforeseen expenditures or to purchase any additional equipment or services. If created, each Unit's share of the working capital fund may be collected from each Owner either at the time the sale of the Unit is closed or when control of the Condominium is transferred to the Owners, whichever is earlier. Any amounts paid into the working capital fund shall not be considered as advance payments of regular Common Expense assessments.

H.                 Use of Working Capital. Declarant shall not use working capital funds to defray any of its expenses, reserve contributions or construction costs or to make up any budget deficits while it is in control of the Association. Upon the sale of any unsold Unit, Declarant shall be entitled to reimburse itself for any funds it paid to the Association for any unsold Unit's share of the working capital funds by using funds collected at closing when the Unit is sold.

5.                 Boundaries.

In the event that any portion of a Unit or a Common Element changes boundaries and thereby encroaches upon another Unit or Common Element due to the shifting, settling or moving of the Building(s), such changed boundaries shall be deemed to constitute the boundaries of the Units and the Common Elements so affected.

6.                 Amendments and Modifications

A.                  Amendments. No purported amendment of any Condominium Document or any action or inaction of the Association shall:

i.                     vacate, waive, revoke, abandon or terminate (other than by fire or other casualty or a taking of all Units by condemnation) the Condominium or the Declaration;

ii.                   be deemed to have changed the Percentage of Common Interest assigned to any Unit, except as provided in Paragraph 14 or Paragraph 20.B or Paragraph 20.D hereof, or the dimensions or boundaries of any Unit (including, without limitation, any change resulting from subdivision or partition), except pursuant to Paragraph 19 hereof; or

iii.                 be deemed to have changed or amended any material provision of the Condominium Documents (with the express exception of the provisions of the Bylaws which may be amended in accordance therewith or unless such change or amendment is done pursuant to Paragraphs 20.B or 20.D) including, but not limited to, voting rights, Assessments, reserves, insurance or fidelity bonds, rights to use of or interests in, or sale or transfer (apart from the Units to which they relate), abandonment, partition, subdivision or encumbrance of the Common Elements (the granting by the Association of easements for public utilities or other public purposes consistent with the intended use of the Common Elements not being deemed a transfer within the meaning of the foregoing) the Common Elements, responsibility for the maintenance and repair of the Condominium, expansion or contraction of the Condominium or the addition, annexation or withdrawal of property to or from the Condominium, convertibility of Units into Common Elements or vice versa, leasing of Units, imposition of any right of first refusal or similar restriction on the right of an Owner to sell, transfer or otherwise convey such Owner's Condominium Unit, or any other provision which is for the express benefit of any Mortgagee, insurer or guarantor of any first mortgage or deed of trust secured by a lien on any Condominium Unit, including, without limitation, provisions concerning the disposition of insurance proceeds and condemnation awards;

iv.                 unless: (a) as to item ii. above, all Owners or Eligible Mortgagees vote pursuant to Paragraph 6.E, above, for such action at a meeting of the Association duly called and reflected in an instrument to such effect duly recorded in the Real Property Records of Polk County, Texas; or (b) as to items i. and iii. above, Owners (other than Declarant) holding in the aggregate at least sixty-seven percent (67%) of the Percentages of Common Interest Ownership assigned to all Units (other than those owned by Declarant) and Eligible Mortgagees which represent at least sixty­ seven percent (67%) of the votes of Units that are subject to mortgages held by Eligible Mortgagees vote or otherwise agree to such action at a meeting of the Association duly called and reflected in an instrument to such effect duly recorded in the Real Property Records of Polk County, Texas; provided, however, unanimity of each Owner and each Eligible Mortgagee shall be required to the extent set forth in the Act and that no amendment shall discriminate against any Owner or against any Unit or against any group or class of Owners or Units without the prior written consent of such Owners, nor shall any amendment make any change in the provisions herein, relating to insurance and/or repair or reconstruction in the event of casualty or damage without the prior written consent of all Eligible Mortgagees secured by a lien upon one (1) or more of the Units affected. In addition, the Limited Common Elements and the provisions of this Declaration relating to the right to use the Limited Common Elements may not be altered without the consent of each affected Owner and the Eligible Mortgagee, if any, holding a mortgage lien on such Unit.

B.                  Notice of Meeting at Which Amendment May Be Adopted. Neither the Association nor the Board shall meet to adopt an amendment or other change to the Declaration, Certificate of Formation, Bylaws, or Rules of the Association unless the Association or Board has given to each Owner a document showing the specific amendment or other change that would be made to the Declaration, Certificate, Bylaws or Rules. The notice of amendment or change shall be given to each unit owner not more than twenty (20) days or less than ten (10) days preceding the date of the meeting. The notice shall be considered to have been given to the unit owner on the date the information was personally delivered to the unit owner, as shown by a receipt signed by the unit owner, or on the date shown by postmark on the information after it is deposited in the US Mail with a proper address and postage paid.

C.                  Subdivision of Units. Except as provided in Paragraph 20.D hereof, no Unit shall be subdivided or partitioned unless: (i) the Owner of such Unit, (ii) the Eligible Mortgagee, if any, holding a mortgage lien on such Unit and (iii) the Association agrees to such subdivision by an instrument to such effect duly recorded in the Real Property Records of Polk County, Texas. In the event of a subdivision pursuant to this Paragraph 20.C, the Owner so dividing a Unit shall bear all costs and expenses of amending this Declaration to reflect the same. The Association may not subdivide or partition any Unit unless it otherwise has a legal right to subdivide or partition said Unit and the Association has received the approval of Owners holding at least sixty-seven percent (67%) of the Common Interest Ownership assigned to all Units (other than those owned by the Declarant, any other developer or builder) or that of First Mortgagees holding sixty-seven percent (67%) of the First Mortgages (based on one vote for each First Mortgage held).

D.                 Approval by Mortgagees of Amendments. Any Mortgagee who receives by certified or registered mail, with a “return receipt” requested, a written request to approve an amendment, modification or supplement hereto, and who does not deliver or post to the Association a negative response within thirty (30) days thereafter, shall, to the extent permitted by the Act, be deemed to have approved such request.

E.                  Amendments by Declarant. Notwithstanding the generality of the foregoing, and notwithstanding anything in this Declaration to the contrary, Declarant expressly retains the right and shall at all times have the right, to the extent permitted by the Act, to amend this Declaration without the consent or approval of any other person in order to:

i.                     Correct survey or other errors made herein prior to the first meeting of Owners;

ii.                   change the Percentage of Common Interest Ownership assigned to, and the dimensions of, Units owned by Declarant so long as such changes do not affect the Percentage of Common Interest Ownership assigned to, or the dimensions of, the Units not owned by Declarant;

iii.                 make this Declaration comply with the mandatory provisions of the Act, if it be deficient in any such respect, or, as long as Declarant owns any Unit which has not been occupied, conform this Declaration to the requirements of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Federal Housing Administration or the Veterans Administration, with respect to condominium documentation; and

iv.                 Change the assignment and allocation of parking spaces or boat slips which are assigned to Units owned by Declarant;

v.                   Each by written instrument to such effect executed by Declarant, only and duly recorded in the Real Property Records of Polk County, Texas.

vi.                 The right of Declarant to change the Percentage of Common Interest ownership assigned to, and the dimensions of, Units owned by Declarant shall include, without limitation, the following rights: (a) to physically combine the space within one (1) Unit with the space within one (1) or more laterally or vertically adjoining Units; (b) to combine a part of the space within one (1) or more laterally or vertically adjoining Units; (c) to combine a part of the space within one (1) Unit with part of the space within one (1) or more laterally or vertically adjoining Units; (d) to divide into separate Units the space of one (1) or more Units; and (e) to modify or remodel one (1) or more Units into larger or smaller Units, or any combination thereof. I n any such event, Declarant may construct, alter, relocate or remove any walls or floors t1r do any other work, which may be necessary to complete such combination, division, modification or remodeling. Such combined, divided, modified and remodeled Units shall be subject to the terms and provisions of this Declaration, and the total of the Percentages of Common Interest Ownership assigned to all Units as they may be adjusted by Declarant as provided above, shall continue to equal one hundred percent (100%).

vii.               Declarant expressly retains the right to make such amendments without permission of the Association or any other person or entity, whether said amendment or amendments occur before or after the Association takes over administration of the Condominium. Each Owner, by acceptance of a deed covering his or her Unit, authorizes and empowers Declarant, as such Owner's agent and attorney-in-fact for said purposes only, to execute deliver and record any such amendment or amendments either in the name of Declarant, or in the name and as the act of such Owner and all other Owners, and this power and authorization shall be irrevocable.

7.                 Taxation

A.                  Of Units after Separate Assessment. Each Unit shall be assessed and taxed for all purposes as a separate parcel of real estate entirely independent of the Building, and independent of the Condominium or the Common Elements thereof, and each Owner shall be solely responsible for the payment of all taxes, municipal claims, charges and assessments of nature whatsoever assessed against such Unit. The valuation of the General Common Elements and the Limited Common Elements shall be assessed separately to each Owner in accordance with his or her Percentage of Common Interest Ownership in the Common Elements. Such payment shall be made prior to the due date of such taxes, municipal claims, charges and assessments.

B.                  Of Units Prior to Separate Assessment. Prior to the time the respective taxing authorities shall have assessed and taxed each Unit as a separate parcel of real estate as provided above, any such taxes, municipal claims, charges and assessments assessed against the Condominium as a whole shall be a Common Expense.

8.                 Remedies

In the event any default is made by any Owner under the Act, this Declaration, the Bylaws or the Rules or Regulations, the Board or the Association or their representative shall have all of the rights and remedies which may be provided by the Act, this Declaration, or the Bylaws or which may be available at law or in equity, and may prosecute any action or other proceeding against any defaulting Owner and/or Owners for enforcement of any lien or to enforce compliance with the matter with respect to which default has been made, by Injunctive relief or otherwise, or for the collection of any sums, debts, or damages in default or arising from any default. The Board or its authorized representative shall be further empowered and authorized to correct and cure any matter in default and to do whatever may be necessary for such purpose. All expenses incurred in connection with any such action or proceeding shall be a part of the Common Expenses of this Condominium and collectible from each Owner as in the case of other Common Expenses.

9.                 Miscellaneous

A.                  Effect of Acceptance or Recordation of a Deed. The acceptance or recordation of a Deed to a Condominium Unit or the entering into occupancy of a Unit shall constitute an agreement by the Owner and his or her tenants, servants, visitors or occupants that: (i) this Declaration and the Condominium Documents, as they may be amended from time to time, and all items affecting title to the Land are accepted, agreed to and ratified by the Association and each such Owner, tenant, visitor, servant or occupant, and their respective heirs, executors, administrators, successors, legal representatives, assigns, purchasers, grantees, mortgagees and all others having or claiming an interest in any Unit, and all of such provisions shall be deemed to be covenants running with the land to bind any person having at any time any interest or estate in such Condominium Unit, as though such provisions were cited and stipulated in each and every Deed to a Condominium Unit, and (ii) violations of the terms of the Condominium Documents by any such person shal1 be deemed to be a substantial violation of the duties of the Owner.

B.                  Severability, Interpretation. If any provision of this Declaration or the Bylaws, or any section, sentence, paragraph, clause, phrase or word, or the application thereof in any circumstance shall be invalid or unenforceable, the validity or enforceability of the remainder of the Condominium Documents and the application of any such provisions, section, sentence, paragraph, clause, phrase, or word in any other circumstance shall not be affected thereby. If anything in the Condominium Documents shall be susceptible to two or more interpretations, then the interpretation which shall most nearly be in accord with the intent of the Act, and the general purposes and intent of the Condominium Documents, shall govern.

C.                  No Waiver. No provision contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur.

D.                 Separation of Estates. The separate and common estates created by this Declaration shall continue until this Declaration is terminated in the manner and to the extent as is provided herein.

E.                  No Gift or Dedication. Nothing contained in this Declaration shall be deemed to be a gift or dedication of all or any part of the Land or the Building to the public or for any public use.

F.                  Mechanic's and Materialmen's Liens. No labor performed or materials furnished and incorporated in a Unit with the consent or at the request of an Owner or his or her agent or his or her contractor or subcontractor shall be the basis for the filing of a lien against The Condominium or the Unit of any other Owner not expressly consenting to or requesting the same, or against the Common Elements. Each Owner shall indemnify and hold harmless the Condominium and each of the other Owners from and against any loss, cost or expense in connection with construction performed or for labor, materials, services or other products incorporated in the Owner's Unit at such Owner's request.

G.                  Security. THE ASSOCIATION            SHALL            NOT IN ANY WAY BE CONSIDERED AN INSURER OR GUARANTOR OF SECURITY WITHIN THE PROPERTY. NEITHER SHALL THE ASSOCIATION BE HELD LIABLE FOR ANY LOSS OR DAMAGES BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN. THE ASSOCIATION DOES NOT REPRESENT OR WARRANT THAT ANY FIRE PROTECTION, BURGLAR ALARM SYSTEMS, ACCESS CONTROL SYSTEMS, PATROL SERVICES, SURVEILLANCE EQUIPMENT, MONITORING DEVICES, OR OTHER SECURITY SYSTEMS (IF ANY ARE PRESENT) WILL PREVENT LOSS BY FIRE, SMOKE, BURGLARY, THEFT, HOLD-UP OR OTHERWISE, NOR THAT FIRE PROTECTION, BURGLAR ALARM SYSTEMS, ACCESS CONTROL SYSTEMS, PATROL SERVICES, SURVEILLANCE EQUIPMENT, MONITORING DEVICES OR OTHER SECURITY SYSTEMS WILL IN ALL CASES PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. THE ASSOCIATION IS NOT AN INSURER AND EACH OWNER AND OCCUPANT OF ANY UNIT AND EACH TENANT, GUEST AND INVITEE OF ANY OWNER ASSUMES ALL RISKS FOR LOSS OR DAMAGE TO PERSONS, TO UNITS AND TO THE CONTENTS OF UNITS AND ACKNOWLEDGES THAT THE ASSOCIATION HAS MADE NO REPRESENTATIONS OR WARRANTIES NOR HAS THE ASSOCIATION, ANY OWNER, OCCUPANT, TENANT,GUEST OR INVITEE RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR, INCLUDING ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, RELATIVE TO ANY FIRE PROTECTION, BURGLAR ALARM SYSTEMS, ACCESS CONTROL SYSTEMS, PATROL SERVICES, SURVEILLANCE EQUIPMENT, MONITORING DEVICES OR OTHER SECURITY SYSTEMS RECOMMENDED OR INSTALLED OR ANY SECURITY MEASURES UNDERTAKEN WITHIN THE PROPERTY.

H.                 Exhibits. All exhibits, attachments, annexed instruments and addenda referred to herein, if any, shall be considered a part hereof for all purposes with the same force and effect as if copied verbatim herein.

I.                    Notices

i.                     Unless otherwise stated herein, notices to the Board or the Association provided for in the Act, this Declaration or the Bylaws shall be in writing and shall be addressed to the Board or the Association at the address of the Board, the Association or their respective representatives which may be established from time to time and of which the Owners shall be notified. Notice to the Owners may be sent to the mailing address of their respective Units or to such other address, which any Owner may in writing designate, by notice thereof to the Board, the Association or their respective representatives.

ii.                   Any notice which is required to be sent, given or delivered pursuant to the terms of this Declaration, the Bylaws or the Rules and Regulations shall be deemed sent, given and delivered on the earlier of (i) the date actually received, or (ii) three (3) business days after deposit for delivery by the U.S. Postal Service, postage prepaid, certified or registered mail, return receipt requested mailed in accordance with this Paragraph 23.I; or (iii) the date personally delivered, or as shown by a receipt signed by the recipient..

J.                    Omissions. In the event of the omission from the Condominium Documents of any word, sentence, clause, provision or stipulation which shall be necessary for the accomplishment of the intent and purposes hereof or any part hereof, then such omitted matter shall he applied by inference and/or by reference to the Act.

K.                  Captions and Exhibits. Captions used in the various articles and sections of this Declaration are for convenience only and they are not intended to modify or affect the meaning of any of the substantive provisions hereof.

L.                  Use of Number and Gender. Wherever used herein and unless the content shall otherwise provide, the singular number shall include the plural, the plural number shall include the singular and the use of any gender shall include all genders.

M.                Conflicting or Inconsistent Provisions. If at any time, a provision of the Rules and Regulations or Bylaws, as then existing, conflicts with or is inconsistent with the provisions of this Declaration, the provisions of this Declaration shall control. If at any time, a provision of the Rules and Regulations conflicts with or is inconsistent with the provisions of the Bylaws, the provision of the Bylaws shall control.

N.                 Governing Law. THE CONDOMINIUM DOCUMENTS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS. VENUE FOR ANY ACTION BROUGHT IN CONNECTION WITH THE CONDOMINIUM SHALL BE IN POLK COUNTY, TEXAS.

IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed the day and year first written above.

DECLARANT:

BELLA DEVELOPMENTS, INC.

a Texas Corporation

BY:      ______________________________________________
PETE GARLAND, its President


 

STATE OF TEXAS                  §

                                                §

COUNTY OF _________                        §

BEFORE ME, the undersigned authority, on this day, personally appeared PETE GARLAND, the President of Bella Developments, Inc. in his capacity as President of this Texas Corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed same on behalf of the Declarant.

SWORN TO AND SUBSCRIBED on this ________ day of ________________________, 2016

 

____________________________________________
Notary Public- State of Texas

 

 

 


Patty Laviolette
A Action Realty
Ph: 936-646-5100Fax:936-646-3759
10289 US HWY 190 West
Livingston, TX 77351 US
Licensed Real Estate Broker 434160
www.bellavistacondoslakelivingston.com
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