DECLARATION OF CONDOMINIUM
Bella Vista Livingston, A Condominium
This Declaration of Condominium (this “DECLARATION”) is made and executed this ______ day of ____________ 2016, by Bella Developments, Inc., a Texas corporation (“Declarant” or “Developer” ), pursuant to and in accordance with the provisions of the Texas Uniform Condominium Act, as now existing or hereafter amended, the same being Chapter 82 of the Property Code, Vernon’s Texas Code Ann. (the “Act”), for the purpose of submitting the hereinafter described real property and the improvements located or to be located thereon to a condominium regime.
WHEREAS, Declarant is the owner of certain real property (the “Land”) and the improvements to be constructed thereon (collectively, “Bella Vista Livingston” or the “Condominium”), situated in the County of Polk, State of Texas, ( legal description of land ) and consisting of or to consist of five ( 5) Buildings containing nine (9) individual residential units each, for a total of forty- five (45) units therein and certain other improvements located thereon more particularly described in the Condominium Plan (hereinafter defined); and
WHEREAS, Declarant desires by recording this Declaration to establish a condominium under the provisions of the Act with respect to the Condominium, and has incorporated Bella Vista Livingston Condominium Owner’s Association, Inc., a Texas non-profit corporation;
NOW, THEREFORE, Declarant does upon the recording hereof establish Bella Vista Livingston as a condominium and does declare that the residential units within Bella Vista Livingston shall, after such establishment, be held, conveyed, hypothecated, encumbered, leased, rented, occupied, improved and in any other manners utilized, subject to the provisions of the Act and to the covenants, conditions, restrictions, uses, limitations, uses, limitations and affirmative obligations set forth in this Declaration, all of which shall be deemed to run perpetually with all or any portion of Bella Vista Livingston Condominium, unless terminated as provided herein and shall be a burden and a benefit to, and binding on, Declarant and any persons or entities acquiring or owning any interest in any of the residential units of Bella Vista Livingston, and their respective heirs, devisees, legal and personal representatives, successors and assigns. In furtherance of the establishment of the Condominium, it is provided as follows: