Schedule A to Bylaws
The following terms shall have the following respective meanings (unless the context otherwise clearly indicates or prohibits such meaning):
1. Common Areas. “Common Areas” shall mean and refer to: (a) all private streets, private driveways, private sewer and water lines and any other utility lines or facilities shared by the Subdivision; (b) any areas reserved for or granted to the Subdivision by easement or otherwise for access to areas owned or used by the Subdivision; (c) any areas for which the Subdivision has obtained or assumed the right and obligation of maintenance, including, without limitation, streets, gatehouse, drainage ways, pedestrian walkways and landscaped medians, together with all improvements located on such areas; and (d) landscape facilities, including, without limitation, landscape irrigation systems serving the Common Area, lighting facilities, signage, and street furniture, if any, installed in the Common Area, but excluding driveway or parking area lighting and street furniture installed or to be installed by Owners on their respective Lot, all of which are for the common use, enjoyment and benefit of the Subdivision.
2. Declarant, Bella Development, Inc., a Texas Corporation, and its successors and assigns.
3. Owner. An “Owner” shall mean and refer to each and every person or entity who or which is a record owner of a fee or undivided fee interest in any Unit; however, the word “Owner” shall not include a person or entity who holds a bona fide lien or interest in a Unit as security for the performance of any obligation including, without limitation, any purchase money loan.
4. Unit. A “Unit” shall mean and refer to any building or portion of a building situated in any building which is designed and intended for use and occupancy as an attached single-family residence.
5. Resident. A “Resident” shall mean and refer to (i) each Owner residing in his Unit; (ii) each person residing in a Unit who is-a bona·fide lessee of the Owner of such Unit; and (iii) each person lawfully domiciled in a Unit, other than an Owner or a bona fide lessee.
A-1. Compliance. Each Owner and occupant shall comply with the provisions of this Declaration. Each Owner additionally shall be responsible for compliance with this Declaration by the occupants of Owner's Unit, and Owner's families, invitees, tenants, agents, employees, or contractors. Use of “Owner” or “Resident” in this Declaration shall be deemed to include and apply to the Owner of a Unit and to all persons for whom the owner is responsible.
A-2. Waiver. Certain circumstances may warrant waiver or variance of this Declaration, an Owner must make written application to the remaining Owners for such waiver or variance. If the remaining Owners deem the waiver or variance warranted, such Owners may condition its approval, which must be in writing to be effective.
B. OBLIGATIONS OF OWNERS AND RESIDENTS
B-1. Safety. Each Resident is solely responsible for his or her own safety and for the safety, well-being and supervision of his or her guests and any person on the Subdivision to whom the Resident has a duty of care, control, or custody.
B-2. Damage. Each Owner is responsible for any loss or damage to Owner's Unit, other Units, the personal property of other Residents of their guests, or to the Common Areas and improvements, if such loss or damage is caused by the Owner or by any person for whom the Owner is responsible. Each Owner shall close all exterior windows and doors when necessary to avoid possible damage from storms or the elements. All damage to the Subdivision caused by construction or repair activities within an Owner's Unit, or by the moving of any article therefrom or by the carrying of any article thereto, shall be paid for by the Owner responsible for such construction or repair activities or the presence of such article.
B-3. Residents Must Insure. Each Resident is solely responsible for insuring his or her personal property in the Unit, including Owner's furnishings, automobile, and personal property. Personal property placed in or on the Subdivision shall he solely at the risk of the owner of such personal property. Each Resident is also solely responsible for such Resident's liability third parties for occurrences within the Resident's Unit.
B-4. Risk Management. No Resident shall permit anything to be done or kept in his or her Unit or the Common Areas which will result in the cance11ation of insurance on any Unit, or any part of the Common Areas, or which may be, in violation of any law.
B-5. Reimbursement for Enforcement. An Owner shall promptly reimburse any other Owners for any expenses incurred by such Owners in enforcing the Declaration against the Owner, his or her Unit, or persons for whom the Owner is responsible.
B-6. Reimbursement for Damage. An Owner shall promptly reimburse the other Owners for the cost of damage to the Subdivision caused by the negligent or willful conduct of the Owner of the persons for whom the Owner is responsible
C. OCCUPANCY STANDARDS
C-1. Numbers. A Unit may be occupied by no more than two (2) persons per bedroom unless higher occupancy is mandated by applicable law.
C-2. Occupancy Defined. Occupancy of a Unit for purposes of this Declaration, shall mean occupancy of at least 30 continuous days or 60 noncontinuous days in any 12 month period.
C-4. Leases or Rentals. All tenants shall observe all of the terms and provisions of this Declaration, and each lease shall contain a provision that the lease shall automatically be terminated upon tenant's violation of this Declaration.
D. GENERAL USE AND MAINTENANCE OF UNIT
D-1. Residential Use. Each Unit must be used solely for residential use, and may not be used for business, professional, commercial or manufacturing purposes. This restriction shall not prohibit a Resident from using his or her Unit for a limited business purpose, provided that: (i) such use is incidental to the Unit's primary Residential use; (ii) such use conforms to all applicable Jaws and ordinances; and there is no external evidence of such use. In no event shall such limited business use unreasonably interfere with the quiet enjoyment of the other Owners of their Units or involve the sale of goods or merchandise.
In addition, consultation with clients or customers at or in a Unit shall not be permitted. Notwithstanding the foregoing, the use of a Unit for the maintenance of a personal or professional library; for the keeping of personal business or professional records of accounts; or for the handling of personal business or professional telephone calls or correspondence shall not be deemed to be in violation of these provisions.
D-2. Annoyance. No Unit may be used in any way that: (i) may reasonably he considered annoying to occupants of neighboring Units; (ii) may be calculated to reduce the desirability of the Subdivision as a residential community; (iii ) may endanger the health or safety of other Residents; or (iv) may violate law or any provision of the Declaration.
D-3. Maintenance. Each Owner, at his or her sole cost and expense, shall maintain the interior in a clean, safe end sanitary condition. Each Owner shall also use due care to avoid damaging any of the Common Areas, including, but not limited to telephone, water, gas, cable, television, plumbing, power or other utility systems throughout the Subdivision and each Owner shall be responsible for his or her negligence or misuse of any of the Common Areas or his or her own facilities resulting in damage to the Common Areas or to the exterior of any of the Units.
D-4. Patio/Balcony/Terrace. Each Resident shall keep his or her Unit and patio, balcony, or terrace in a good state or cleanliness, taking care that the cleanliness of his or her patio, balcony, or terrace does not annoy or inconvenience other Residents. No plants shall be watered on a balcony or terrace such that water overflows onto any other Unit's patio, balcony, terrace, or the exterior surface of the Subdivision. No animal shall be fed on or from any balcony or terrace. Each Owner shall be responsible and liable for any item which falls or is thrown from such Owner's patio, balcony, or terrace by any person for whom the Owner is responsible. A patio/balcony/terrace may not be enclosed or used for storage purposes.
D-5 Glass. Each Owner, at his or her sole cost and expense, shall promptly repair and replace any broken or cracked glass is his or her Unit's windows and doors.
D-6 Air Conditioning Equipment. Each Owner, at his or her own cost and expense, shall maintain, repair, and replace the heating and cooling equipment/system serving his or her Unit, including the outside compressor.
D-7 Combustibles. No Owner shall use or permit to be brought into or stored in the Subdivision (including within a Unit) any flammable oils or fluids such as gasoline (other than inside the sealed gas tank of a vehicle in the Unit's garage). kerosene, naphtha, benzene, or other explosives or articles deemed extra hazardous to life, limb, or property without in each case obtaining the prim written consent of the other Owners.
D-8 Barbeque Grills. The use of outdoor grills is subject to the following restrictions
(i) open fires must be supervised at all times; (ii) gas tanks must be properly used and maintained; (iii) no flames may be higher than the cooking surface; and (iv ) a grill may not be used near combustible materials; provided, however, that an: such usage must be in full compliance and accord with the Polk County fire code.
D-9 Report Malfunctions. A Resident shall immediately report to adjacent Owners h i or her discovery of any leak, break, or malfunction in any portion of his or her Unit or the adjacent Common Areas for which the other Owners have a maintenance responsibility. The failure to report promptly a problem may be deemed negligence by the Resident, who may be liable for any additional damage caused by the delay.
D-10 Boat Slips: All boat slip covers must be English Brown in color from John Boyle and Company or Equal.
E. GENERAL USE AND MAINTENANCE OF COMMON AREAS
E-1. Intended Use. Every area and facility in the Subdivision may be used only for its intended and obvious use. For example, walkways, sidewalks and driveways are to be used exclusively for purposes of access, not for social congregation or recreation except with the consent of the other Owners. The Common Areas shall not be used for storage of supplies, personal property, garbage or refuse of any kind, nor shall the Common Areas or Balconies be used in any way for the drying, shaking or airing of clothing or other items. No Owner shall do any act or place any object in his or her Unit which would create a structural hazard or endanger the structure of the Unit or adjacent Units.
E-2. Grounds. Residents may not use or abuse the landscaped areas, lawns, beds, and plant materials on the Common Areas. The following are expressly prohibited: digging, planting, pruning, and climbing.
E-3. Abandoned Items. No item or object of any type shall be stored, placed or maintained anywhere on the Common Areas.
F. COMMUNITY ETIQUETTE
F-1. Courtesy. Each Resident shall endeavor to use his or her Unit and the Common Areas in a manner calculated to respect the rights and privileges of the other Residents.
F-2. Annoyance. No unlawful, noxious or offensive activity shall be conducted or carried on in any Unit, or upon the Common Areas or anywhere else in the Unit. nor shall anything be done therein or thereon which may be or become an annoyance or a nuisance to other Owners or the neighborhood or cause unreasonable noise or disturbance to others, or which shall interfere in any manner with any Owner's quiet enjoyment of his or her Unit.
F-3. Noise and Odors. Each Resident shall exercise reasonable care to avoid making n or permitting to be made loud, disturbing, or objectionable noises or noxious odors that are likely to disturb Residents of other Units. The use of discharge of firearms, firecrackers or fireworks is expressly prohibited within or from the Unit or the Common Areas or the Driveway Easement.
F-4. Reception Interference. Each Resident shall avoid doing or permitting anything to be done that may unreasonably interfere with the television, radio, telephone, cable or electronic reception of any other Unit.
F-5. Compliance with Law. Residents may not use the Unit for unlawful activities. Residents shall comply with applicable laws and regulations of the United States and of the State of Texas, and with ordinances, rules, and regulations of Polk County and the City of Livingston, Texas. A Resident who violates this provision shall hold the other Owners and Residents harmless from all fines, penalties, costs and prosecutions for the Resident's violation or noncompliance.
G. ARCHITECTURAL CONTROL
G-1. Alterations, Additions and Improvements. No alterations of any portion of the Common Areas or additions or improvements thereon or of any portion of the Unit visible from the exterior of the Unit shall be made by any Owner without the prior written approval of the Declarant for so long as the Declarant owns any Unit, or the majority of the other Owners, if Declarant no longer owns a Unit in the Subdivision, if formed, or a majority the other Owners. Further, any alterations within a residence that includes electrical or plumbing modifications and/or wall changes must be submitted in writing for approval by the Declarant or other Owners as the case may be. No Owner shall make any structural modification to his or her Unit. At no time will construction of a permanent nature covering an exterior window or a portion of a window be allowed. Unit owners shall be responsible for any and all glass breakage.
G-2. Prohibited Acts. No person may:
a. Post or inscribe signs, notices, or advertisements on the Common Areas or in a Unit if visible from outside his Unit, including “For Sale” or 'Tor Lease” signs (except for professionally prepared broker's “For Sale” signs).
b. Place or hang an object in, on, from, or above any window, balcony, terrace, or patio that detracts from the appearance of the U nit, including any poster, banner or flag.
c. Hang, shake, or otherwise display linens, clothing, towels, rugs, shoes, mops, bedding, bicycles, grilles or other similar items from windows, doors, balconies, patios, or fences.
d. Erect or install exterior horns, lights, speakers, aerials, antennas, or other transmitting or receiving equipment, or cause anything to protrude through an exterior wall or roof, without the prior written consent of the other Owners (provided, however, that Television and other aerial antennas. including, without limitation, 18” satellite dishes, may be attached to an, Unit; however, such antenna's location shall be restricted to the rear of the Unit or to the rear of the roof ridge line, gable or centerline of the U nit as to be hidden from sight when viewed from fronting the street).
e. Place decorations on exterior walls, windows, or doors, or on the general Common Areas.
G-3. Window Treatments. An Owner may install window treatments inside his or her Unit, at his or her sole expense, provided:
a. Any window treatment, including drapes, blinds, shades, or shutters, must be clear or white or off-white when viewed from outside the Unit;
b. Aluminum foil and reflective window treatments, and cardboard or other solid materials are expressly prohibited; and
c. Window treatments must be maintained in good condition, and must be removed or replaced if they become stained, tom, damaged.
G-4. Owner Approval. To obtain the other Owner's written consent for a modification, an Owner must submit to the other Owners complete plans and specifications showing the nature, kind, shape, size, materials, colors, and location for all proposed work, and any other information reasonably requested by the other Owners. The other Owners' failure to respond to the Owner's written request within 30 days after it receives such request shall be construed as no objection to the proposed changes.
G-5. Construction and Contractor Rules. Outside contractors are at the Subdivision at the invitation of the respective Unit Owner. Contractors are required to abide by the following rules and regulations so that Owners and other Residents are not unduly disturbed by work-related activities.
HOURS. Working hours are Monday-Friday, 8:30 am-4:30 pm. Contractors may arrive on the property no earlier than 8:00 am to prepare for work and must have cleaned up and have departed the premises no later than 5:00 pm.
DAMAGES. Contractors are responsible and liable for any damage to the Common Areas and will be required to restore the damaged areas to their original condition.
NOXIOUS ODORS. The use of paints, chemicals or solvents that cause noxious or unpleasant odors to enter or other units is prohibited.
TRASH. All trash and debris is to be completely removed from the property by the contractor. Dumpsters and trash containers present on the property are NOT to be used for construction trash.
APPLIANCES. Unit appliances are not to be used by contractors for any reason Kitchen sinks, bathtubs, toilets, etc. are not to be used for washing painting equipment or disposal of any construction materials.
INSURANCE. All contractors performing work in the Subdivision must obtain and have in full force and effect the following insurance:
Insurance Provided by Contractor
A. Coverage of Liability
1. Worker's Compensation and Occupational Diseases Employer's Liability
2. Contractors' Comprehensive General Liability Insurance including Contractors Protective Liability, Completed Operations Liability and Broad Form Contractual Liability)
a. Comprehensive General Liability
(1) Bodily Injury
(2) Broad Form Property Damage
(3) Personal Injury
b. Comprehensive Automobile Liability Insurance to include non-owner, hired or rented vehicles as well as owned vehicles:
(1) Bodily Injury
(2) Property Damage
$100,000 each occurrence
B. If Owner is not named as an additional insured, Contractor shall obtain and deliver to Owner a waiver of subrogation by the carrier of the insurance referred to above for any claims whatsoever that it may have in connection therewith against Owner.
C. Each policy of insurance required to be purchased and maintained by Contractor and each certificate of insurance required to be furnished by said contractor shall provide that the insurance provided or evidenced thereby shall not be changed or canceled except upon 30 days' written notice to Owner.
Should an Owner contemplate major repair or additions requiring approval from the other Owners a contractor must furnish insurance as evidenced above. A copy of this Certificate of Insurance must be delivered to the other Owners prior to commencement of work and such other Owners shall be named as additional insureds.
For minor repairs or additions, such as carpet laying, fixture hanging, light painting, floor polishing, etc., it is understood that small contractors may not carry extensive insurance coverage. In this instance, the Unit Owner may furnish the other Owners with evidence of personal liability coverage of at least $1,000,000 of General Liability. This insurance policy is readily obtainable, very inexpensive, and permits the insured to hire small contractors. It is understood that the Resident assumes all responsibility for such employees, including any damages to the Common Areas caused by workers in the Unit Owner's employ
H. VEHICLE RESTRICTIONS
H-1. Permitted Vehicles. For purposes of this Declaration, vehicles include automobiles, motorcycles, motorized bikes, passenger trucks, small vans, and similar passenger vehicles. All vehicles must be parked in a Unit's closed garage or parking space, and no vehicles may be parked in the Common Areas. Boats. trailers, campers, motor homes, recreational vehicles, commercial vehicles, trucks (other than standardized pick-up trucks which may be parked in a garage with the door closed), and bikes shall not be parked within the Subdivision, including within a Unit's garage. No noisy or smoky vehicles may be operated on the Subdivision. No motorcycles without mufflers shall be permitted in the Subdivision.
H-2. Repairs. Washing, repairs, restoration, or maintenance of vehicles is prohibited except for emergency repairs, and then only to the extent necessary to enable movement of the vehicle out of the Subdivision to a repair facility.
H-3. Guest Vehicle Parking. Parking for guests for any Owner or Resident shall he allowed to park guest parking spaces, and they shall be available to bona-fide guests (but not to construction workers) on a first-come, first-served basis.
H-4. No Obstruction. No vehicle may be parked in a manner that interferes with read) access to any entrance to or exit from the Subdivision or any Unit. No vehicle may obstruct the flow of traffic, constitute a nuisance, or otherwise create a safety hazard on the Subdivision.
H-5. Nuisances. Each vehicle shall be muffled and shall be maintained and operated to minimize noise, odor, and oil or other fluids emissions in the Common Areas. No Resident shall cause or permit the blowing of a horn of any vehicle in which such Resident or his or her guest or family shall be occupants while in the Common Areas or Easements. No vehicle may be kept on the Subdivision if the other Owners deem to be unsightly, inoperable, inappropriate, or otherwise in viola t ion of this Declaration.
I. TRASH DISPOSAL
I-1. General Duly. Residents shall not litter Common Areas, shall endeavor to keep the Subdivision clean, and shall dispose of all refuse in receptacles. No garbage. trash, rubbish, waste, or waste bins or receptacles therefore shall be permitted f<, remain on any portion of the Common Areas, exception those days specifically scheduled for collection thereof and in areas specifically designated therefore. All garbage, trash, rubbish, and other waste shall be kept only in sanitary containers.
Initially, each Resident shall put all trash into a container. Each Resident shall place such container in front of the Units for pickup each trash day.
I-2. Hazards. Resident may not store trash inside or outside his or her Unit in a manner that encourages vermin, causes odors, or may permit the spread of fire Before discarding coals, ashes, logs, or other materials used in barbeque grills or fireplaces, a Resident shall ensure that the debris is thoroughly cold.
I-3. Excess Trash. Residents shall arrange privately for removal of discarded furnishings or any unusually large volume of debris. 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 Unit by such parties, or any of them, is removed at such Owner's expense.
J-1. Subject to Rules. A Resident may not keep or permit on the Unit a pet or animal of any kind, at any time, except as permitted by this Declaration.
J-2. Permitted Pets. A Resident may keep up to three (3) small domestic animals such as birds, fish, dogs and cats within a Unit. All animals kept within the Unit shall be registered with the other Owners in such manner as it shall require, may not he kept or bred for any commercial purpose and shall have the care and restraint so as not to be obnoxious or offensive on account of noise, odor or unsanitary condition. Permitted house pets also include specially trained animals that serve as physical aids to handicapped Residents, regardless of the animal's size or type.
J-3.Prohibited Animals. No Resident may keep a dangerous or exotic animal, a pit bull terrier, Doberman, Rottweiler, either full or mixed breed, a trained attack dog, vicious dog, or any other animal deemed by the other Owners to be a potential threat to the well-being of people or other animals. No animal or house pet may be kept, bred, or maintained for a commercial purpose.
J-4. Indoors/Outdoors. A permitted pet must be maintained inside the Unit or on the ground floor patio. No pet shall be allowed, kept or fed on or from a balcony, or terrace. No pet is allowed on Common Areas unless carried or leashed. No pet may be leashed to any stationary object on the Common Areas.
J-5. Disturbance. Pets shall be kept in a manner that does not disturb another Resident's rest or peaceful enjoyment of his or her Unit or the Common Areas No pet shall be permitted to bark, howl whine, screech, or make other loud noises for extended for repeated periods of time.
J-6. Damage. Each Resident is responsible for any property damage, injury, or disturbance his or her pet may cause or inflict. Each Resident shall compensate any person injured by his or her pet. Any Resident who keeps a pet on the Subdivision shall be deemed to have indemnified and agreed to hold harmless the other Owners and Residents, from any loss, claim, or liability of any kind or character whatever resulting from any action of his or her pet or arising by reason of keeping or maintaining such pet on the Subdivision.
J-7. Pooper Scooper. No Resident may permit his or her pet to relieve itself on the Subdivision. Each Resident is responsible for the removal of his or her pet’s wastes from the Common Areas.
J-8. Removal. If after (i) three (3) violations of this provision, (ii) ten (10) days' prior written notice to the Owner of such animal, if such Owner can be located, and (iii) an opportunity for such Owner to have a hearing before the other Owners, such animal is found to be in violation of this Section, the Owner of such animal shall remove the animal from the Subdivision, failing which such animal may be taken from such Owner and given to the Society for the Prevention of Cruelty to Animals or another county run shelter. If such Owner cannot be located, such animal may be given to the local Humane society or shelter.
K-1. Security. The Declarant may, but shall not be obligated to, maintain or support certain activities within or around the Unit designed to make the Unit less attractive to intruders than it otherwise might be. The Declarant, its directors, committees, members, agents, and employees, shall not in any way be considered an insurer or guarantor of security within the Unit, and shall not be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. Each Owner, Resident, guest, and invitee on the Unit assumes all risk for loss or damage to his or her property on the Unit. The Declarant expressly disclaims and disavows any and all representations or warranties, expressed or implied, including any warranty of merchantability or fitness for any particular purpose, relative to any security systems, equipment or measures recommended, installed or undertaken within the Subdivision.
K-2. Mailing Address. An Owner who receives mail at any address other than the address of his or her Unit shall be responsible for maintaining with the other Owners his or her current mailing address. Notifications of change of name or change of address should be clearly marked as such. All notices required to he sent to Owners by the other Owners shall be sent to an Owner's most recent address as shown on the records of the other Owners. If an Owner falls to provide a forwarding address, the address of that Owner's Unit shall be deemed effective for purposes of delivery. Any notice required or permitted to be given hereunder to any Owner shall be deemed to have been properly delivered and received when deposited in the United States mail, postage prepaid, addressed to the last known address of the person who appears as Owner of a Unit at the time of such mailing or may be given by personal delivery.
K-4. Amendment. This Declaration is expressly subject to change, modification, termination or extension by means of amendment at any time and from time to time with the express written consent of the Owners of at least seventy-five percent (75%) of the Units. All Amendments shall be recorded in the Real Property Records of Polk County, Texas, and shal1 be effective as of the date they are recorded.
K-5. Properties Subject to this Amendment. All of the property described in the Subdivision Plat, including all Condos therein, are expressly made subject to t h is Declaration. Additional property may become subject to this Declaration by annexing such person's or entity's Units.
K-6. Conflict with Zoning and Other Laws. In the event, any restriction, covenant m condition contained herein conflicts with or differs from any zoning, building or development ordinance, or any other applicable law, that may from time to time may be in existence, the more restrictive of the two shall apply.
K-7. Enforcement. This Declaration may be enforced by any Owners. Enforcement of this Declaration may be by a proceeding by law or in equity against any person or persons violating or attempting to violate them, whether the relief sought is an injunction or recovery of damages, or both, or enforcement of a new lien created by this Declaration; but failure any Owner to enforce any conveyance, restriction or provision herein contained shall in no event be deemed a waiver of the right to do so thereafter. With respect to any litigation hereunder, the prevailing party shall be entitled to recover reasonable attorneys' fees from the non-prevailing party.
K-8. Validity and Severability. Violation of or failure to comply with this Declaration shall not affect the validity of any mortgage, bona fide lien or other similar security instrument which may be then existing on any Unit. Invalidation of any provision of this Declaration or any portion thereof by a judgment or court order shall not affect any of the other provisions or conveyances herein contained which shall remain in full force and effect.