Stone Canyon East
COVENANTS, CONDITIONS AND RESTRICTIONS
STONE CANYON EAST, A LUXURY RESIDENTIAL DEVELOPMENT
TOWN OF SUNNYVALE, DALLAS COUNTY, TEXAS
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS THAT:
COUNTY OF DALLAS §
THIS MASTER DECLARATION is made as of the _____ day of ____________, 2007, by Stone Canyon East, LP, a Texas limited partnership (hereinafter called the “Declarant”).
W I T N E S S E T H:
WHEREAS, Declarant is the owner of a certain tract of real property commonly known as Stone Canyon East, Town of Sunnyvale, County of Dallas, State of Texas, the legal description of which is more particularly described in Exhibit A attached hereto and made a part hereof for all purposes (hereinafter called the “Subdivision”); and
WHEREAS, Declarant has created a luxury residential community with designated “Lots” (as defined herein) for the benefit of the present and future owners of said Lots within the Subdivision, and desires to create and carry out a uniform plan for the improvement, development, and sale of the Lots; and
WHEREAS, Declarant desires to ensure the preservation of the values of the Lots and for the maintenance of the Common Areas (as defined herein), and to this end, desires to further subject the Subdivision to the covenants, conditions, and restrictions hereinafter set forth; and
WHEREAS, Declarant has deemed it desirable for the efficient preservation of the values of Lots in the Subdivision to subject and bind the Subdivision to the jurisdiction and assessment of the Stone Canyon East Homeowners Association, which has been incorporated under the Laws of the State of Texas as a nonprofit corporation, and which has been granted powers to maintain and administer the Common Areas of the Subdivision and of administering and enforcing the covenants, conditions, and restrictions, and to collect and disburse the assessments and charges hereinafter created.
NOW, THEREFORE, Declarant declares that the Subdivision and such additions thereto as may hereafter be made pursuant to the terms hereof, is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, and which shall run with the land and be binding on all parties having any right, title or interest in the Subdivision or any part thereof, and on their heirs, successors and assigns, and shall hereafter be subject to the jurisdiction and assessments of the Stone Canyon East Homeowners Association, as set forth herein.
The Subdivision is encumbered by this Master Declaration of Covenants, Conditions and Restrictions for the following reasons: to ensure the best and highest use and most appropriate development of the property; to protect lot owners against the improper use of surrounding lots; to preserve, so far as practicable, the natural beauty of the property; to guard against the erection of poorly designed or proportioned structures; and, in general, to provide for development of the highest quality to enhance the value of investment made by Owners (as defined herein) of Lots.
Section 1. Definition. Unless the context otherwise specifies or requires, the following words, when used in this Declaration or any Supplemental Declaration (as defined herein), shall have the following meanings:
(a) “Articles” shall mean and refer to the Articles of Incorporation of Stone Canyon East Homeowners Association, Inc., a Texas non-profit corporation, which are or shall be filed in the Office of the Secretary of State of the State of Texas, as such Articles of Incorporation may from time to time be amended.
(b) “Assessment” shall mean and refer to any assessment levied pursuant to this Master Declaration, including General Assessments, Special Assessments for Capital Improvements, or Emergency Expenditures.
(c) “Association” shall mean and refer to the Stone Canyon East Homeowners Association, Inc. a Texas non-profit corporation, its successors and assigns, which has the power, duty and responsibility of maintaining and administering the Common Areas and administering and enforcing the restrictive covenants contained in this Declaration or any Supplemental Declaration. The Association is a “property owners association” as that term is defined in Texas Property Code §202.001(2).
(d) “Board of Directors” or “Board” shall mean and refer to the Board of Directors of Stone Canyon East Homeowners Association, Inc.
(e) “Builder Member” shall mean and refer to a builder approved by Declarant for construction within the Subdivision and who owns one or more Lots for construction of a residence and resale to others.
(f) “Bylaws” shall mean and refer to the Bylaws of the Association which are or shall be adopted by the Board, as such Bylaws may from time to time be amended.
(g) “Carport” shall mean and refer to an open or not fully enclosed structure primarily intended for the storage or parking of motor vehicles.
(h) “Common Areas” shall mean and refer to all real and personal property leased, owned, or maintained by the Association for the common use and benefit of the Members of the Association. Common Areas shall include, but are not limited to, any entrance monuments, amenity center, lake, drainage facilities, rights-of-way, landscaping, park space, and any other area lying within an indicated public easement 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, safety lanes, and other areas not comprised of residential Lots as shown on the Subdivision Plat.
(i) “Declarant” shall mean and refer to Stone Canyon East, LP, a Texas limited partnership, and its successors and assigns who are designated as such in writing by Declarant. No person or entity purchasing one or more Lots from Declarant in the ordinary course of business shall be considered a “Declarant.”
(j) “Declaration” shall mean and refer to this Master Declaration of Covenants, Conditions and Restrictions for the Subdivision, and any amendments and supplements hereto made in accordance with the terms hereof.
(k) “Garage” shall mean and refer to an enclosed structure attached to a single-family residence which is primarily used for the storage and parking of motor vehicles.
(l) “Living Space” shall mean and refer to the interior space within a single-family residence the measurement of which does not include Garage space.
(m) “Living Unit” shall mean and refer to a single-family residence and its Garage situated on a Lot.
(n) “Lot” shall mean and refer to any of the designated plots of land as shown on the Subdivision Plat.
(o) “Member” shall mean and refer to those Owners who are members of the Association, as provided herein.
(p) “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot or portion of a Lot, within the Property, but excluding those having any interest merely as security for the performance of an obligation.
(q) “Property” shall mean and refer to the Subdivision (including improvements thereon) and additions thereto, as are subject to this Declaration or any Supplemental Declaration.
(r) “Resident” shall mean and refer to each Owner who resides within the Property, a bona fide lessee who has an enforceable lease agreement with an Owner and who resides on the Property, and any individual who is otherwise lawfully domiciled in a Living Unit.
(s) “Single Family” shall mean and refer to a group of individuals related by blood, adoption or marriage or a number of unrelated roommates equal to the number of bedrooms in a Living Unit.
(t) “Subdivision Plat” shall mean and refer to the map or plat of the Subdivision which will be filed of record in the Deed and Plat Records of Dallas County, Texas and any amendment thereof upon filing of same for record in the Deed and Plat Records of Dallas County, Texas.
PROPERTY SUBJECT TO MASTER DECLARATION
Section 1. Property Subject to Declaration. The Property, and any right, title, or interest therein, shall be owned, held, leased, sold, and/or conveyed by Declarant, and any subsequent owner of all or any part thereof, subject to this Declaration and the covenants, restrictions, charges and liens set forth herein.
Section 2. Additions to Property Subject to Declaration. Additional adjacent property may become subject to this Declaration in the following manner:
(a) If Declarant, or any other person, firm or corporation, is the owner of any adjacent property which Declarant, or such other person, firm or corporation desires to be a part of or add to the scheme of this Declaration, it may do so by filing of record a Supplementary Declaration, PROVIDED, HOWEVER, that if adjacent property is added to the scheme of this Declaration by any person, firm, or corporation other than Declarant, the Association, acting through its Board of Directors, must give written consent thereto. Declarant’s rights herein shall survive and exist regardless of the number of Lots owned by Declarant.
(b) Such Supplemental Declaration may contain additions, deletions, and modifications from those contained in this Declaration as may be necessary to reflect the different character, if any, of the added property. In no event, however, shall such Supplementary Declaration revoke or modify the covenants, conditions and restrictions established by this Declaration or any previously filed Supplementary Declaration, as applied to the Subdivision or previously added property.
(c) Upon such addition, owners of lots within such added property shall be entitled to the same benefits and privileges that Owners have or may have as set forth in this Master Declaration and any rules and regulations associated therewith.
(d) For purposes of this Master Declaration, “adjacent property” shall mean any property that has a boundary line which is within a quarter (¼) mile of any part of the Property’s boundary line.
MEMBERSHIP AND VOTING RIGHTS
BY NEW ASSOCIATION
Section 1. Membership. Every person, or legal entity, who is the record owner of a fee or undivided interest in any Lot, which is subject to the jurisdiction of and to assessment by the Association, shall automatically be a Member of the Association.
Section 2. Classes of Membership. The Association shall have two classes of membership:
Class A — Class A members shall be all Owners with the exception of Declarant. Class A members shall be entitled to one (1) vote for each Lot owned. When two or more persons or entities hold an interest in a Lot, all such persons or entities shall be Class A members, provided, however, that the vote for such Lot shall be exercised as they, among themselves, determine, but in no event shall more than one (1) vote be cast with respect to any Lot.
Class B — The Class B member shall be Declarant, who shall be entitled to three (3) votes for each Lot owned. Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (i) at such time as Declarant has conveyed ninety-five percent (95%) or more of the Lots to Class A members, or (ii) January 1, 2010.
Section 3. Suspension of Voting Rights. All voting rights of an Owner may be suspended by the Board of Directors during any period in which such Owner is delinquent in the payment of any duly established assessment or is otherwise in default and/or in violation hereunder or under the Bylaws or rules and regulations of the Association.
Section 4. Transfer of Control. If, after the Declarant has conveyed ninety-five percent (95%) or more of the Lots to Class A members, there are not enough Lot Owners who desire to be on the Board, then the Declarant shall be entitled to close out the HOA bank account, write a cashier’s check for the balance thereof, deposit the same into escrow on behalf of the HOA, and shall thereafter be deemed to be released for any and all damages that accrued or may have accrued as a result of Declarant’s management of the HOA prior to the closing of such account. From that point forward, the Lot Owners shall be individually responsible for all costs, expenses, claims and damages that accrue or may accrue as a result of the management of the HOA, or lack thereof.
Section 1. Covenants for Assessments. The Declarant, for each Lot owned by it within the Property, hereby covenants, and each Builder Member and Owner of a Lot, by acceptance of a deed thereto, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association: (1) annual assessments or charges (as specified in Section 3 hereof); and (2) special assessments for a shortfall in the operating expenses and for capital improvements (as specified in Section 4 hereof), all of such assessments to be fixed, established, and collected from time to time as hereinafter provided.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the comfort, health, safety, recreation, and welfare of the Members, and for carrying out the purposes of the Association as stated in its Articles of Incorporation.
Section 3. Annual Assessment. Each Builder Member and Owner of any Lot shall pay an annual assessment (“Annual Assessment”) equal to $600.00, payable in advance in quarterly installments as follows: $150.00 shall be due on or before January 1st of each year; $150.00 shall be due on or before April 1st of each year; $150.00 shall be due on or before July 1st of each year; and $150.00 shall be due on or before October 1st of each year; PROVIDED, HOWEVER, Declarant shall not be required to pay the Annual Assessment or any Special Assessment for property it owns until at least seventy-five (95%) of the total Lots have been sold to Class A Members; and provided, however, that the Annual Assessment for any given year after the initial assessment year herein shall not exceed one hundred ten percent (110%) of the Annual Assessment for the previous year, without a two-thirds (2/3) majority vote of all of the Members entitled to vote, at a meeting duly called for such purpose, written notice of which shall be given to all Members at least thirty (30) days in advance setting forth the purpose of the meeting. Notwithstanding the foregoing, no dues or assessments of any kind shall be made against Lots 154, 155 or 156 unless and until (1) a house is built and a certificate of occupancy is issued for any such Lot (in which event, Annual and Special Assessments shall only be made against the Lot so built upon), or (2) K. Paul Cash (a principal of Developer) sells any such Lot to a third-party purchaser (in which event, Annual and Special Assessments shall only be made against the Lot sold).
Section 4. Special Assessments. In addition to the Annual Assessment authorized by Section 3 hereof, the Association may, by a majority vote of its Members, levy in any assessment year or years a special assessment (“Special Assessment”) for the purpose of defraying, in whole or in part, the cost of any shortfall in operating expenses or for construction or reconstruction, unexpected repair or replacement of a described improvement including the necessary fixtures and personal property related thereto, or for carrying out other purposes of the Association as stated in its Articles of Incorporation.
Section 5. Increase or Decrease in Rate of Annual Assessment. Each year, the Board of Directors of the Association, by a two-thirds (2/3) majority vote, shall adopt an annual budget and set the amount of the Annual Assessment, as limited herein, taking into consideration the Association’s operating costs for the then current year, expected increases or decreases in such costs over the next year, and future needs of the Association. The Board shall adopt the annual budget at least thirty (30) days prior to the commencement of each fiscal year.
Section 6. Vote Required for Special Assessment. The Special Assessment authorized by Section 4 hereof must be approved by a majority of the total eligible votes of the membership of the Association voting in person or by proxy, at a meeting duly called for such purpose, written notice of which shall be given to all Members at least thirty (30) days in advance and shall set forth the purpose of the meeting.
Section 7. Commencement Date of Annual Assessment. The first Annual Assessment provided for herein shall commence with the year 2007 and shall continue thereafter from year to year.
Section 8. Due Date of Assessments. The first quarterly installment of the Annual Assessment shall become due and payable on April 1, 2007, and shall be considered delinquent if not paid by April 31, 2007. The assessments for each subsequent quarter after the first quarterly installment in 2007 shall become due and payable on July 1, October 1, and January 1 respectively, of each such year (and in the amounts set forth Section 3 above), and delinquent if not paid by last day of such month. The due date and delinquent date of any Special Assessment under Section 4 hereof shall be fixed in the resolution authorizing such assessment. Anyone becoming a Member of the Association after the quarter installment of the Annual Assessment due date shall pay a pro rata share of such quarterly installment based on the number of days remaining in that assessment quarter. The pro rata payment shall be due and payable immediately upon becoming a Member of the Association. Notwithstanding the foregoing, each Owner shall have the option of paying the Annual Assessment for each year, in advance, on the first day of January of each year.
Section 9. Delinquent Assessment Fines. Any assessment not paid within thirty (30) days after such assessment became delinquent shall bear a late charge to cover administrative expenses incurred as a result of the late payment. Late charges on delinquent assessments and fines levied as provided in this Declaration shall not exceed the following rates computed on the outstanding balance, which shall include any late charges previously assessed and unpaid, from month to month:
(A) If the outstanding balance does not exceed $299.00, a $25.00 fine shall be imposed; and
(B) If the outstanding balance exceeds $299.00, but does not exceed $449.00, a $50.00 fine shall be imposed; and
(C) If the outstanding balance exceeds $449.00, a $75.00 fine shall be imposed.
No charge may be imposed more than once each month for the delinquency of the same payment provided, however, that the imposition of a late charge on any delinquent payment shall not eliminate or supersede charges imposed on prior delinquent payments.
Section 10. Owner’s Personal Obligation for Payment of Assessments. The Annual and Special Assessments provided for herein shall be the personal and individual debt of the Owner of the property covered by such assessments. No Owner may exempt himself or herself from liability for such assessments. In the event of default in the payment of any such assessment, the owner of the property shall be obligated to pay interest at the highest rate allowed by law on the amount of the assessment from the due date thereof, together with all costs and expenses, including reasonable attorneys’ fees.
Section 11. Assessment Lien and Foreclosure. All sums assessed in the manner provided in this Article but unpaid, shall, together with interest as provided in Section 9 hereof and the cost of collection, including attorneys’ fees as hereinafter provided, thereupon become a continuing lien and charge on the property covered by such assessment, which shall bind such property in the hands of the Owner, and his or her heirs, devisees, personal representatives, and assigns. The aforesaid lien shall be superior to all other liens and charges against the said property, except only for tax liens and all sums unpaid on a first mortgage lien or first deed of trust lien of record. The Association shall have the power to subordinate the aforesaid assessment lien to any other lien. Such power shall be entirely discretionary with the Association. To evidence the aforesaid assessment lien, the Association shall prepare a written notice of assessment lien setting forth the amount of the unpaid indebtedness, the name of the owner of the property covered by such lien and a description of the property. Such notice shall be signed by one of the officers of the Association and shall be recorded in the office of the County Clerk of Dallas County, Texas. Such lien shall attach with the priority above from the date that such payment becomes delinquent as set forth in Section 8 above and may be enforced by the foreclosure of the defaulting owner’s property by the Association in like manner as a mortgage on real property subsequent to the recording of a notice of assessment lien as provided above, or the Association may institute suit against the owner personally obligated to pay the assessment and/or for foreclosure of the aforesaid lien judicially. In any foreclosure proceeding, the Owner shall be required to pay the costs, expenses, and reasonable attorneys’ fees incurred. The Association shall have the power to bid on the property at foreclosure or other legal sale and to acquire, hold, lease, mortgage, convey or otherwise deal with the same. Upon the written request of any mortgagee holding a prior lien on any part of the Property, the Association shall report to said mortgagee any unpaid assessments remaining unpaid for longer than thirty (30) days after the same are due.
Section 12. Common Areas Exempt. All Common Areas as defined herein, shall be exempt from the assessments and lien created herein.
Section 1. Single Family Residential Purpose. All Lots in the Subdivision shall be used for single-family residential purposes only. No building or structure intended for or adapted to business or commercial use shall be constructed or maintained on any Lot. No business or hobby may be conducted on any Lot which attracts excessive vehicular or pedestrian traffic to the Lot and/or the Subdivision. No direct sales activities (excluding activities of the Declarant, Builder Members and community activities specifically approved by the Board) shall be conducted on any portion of the Subdivision. “Garage sales” or “yard sales” are strictly prohibited without the prior consent of the Board.
Section 2. Garages. Every Living Space shall have and maintain a Garage large enough to accommodate, under roof, a minimum of two (2) full-sized automobiles. Any such Garage must also (1) be of the same or substantially similar architectural design style as the Living Space, (2) use the same or substantially similar materials as those used for the Living Space, and (3) otherwise meet the requirements of the Town of Sunnyvale. No Garage shall be permanently enclosed for conversion to any other use, without providing a substitute garage meeting the same requirements set forth in this Section 2. Open carports are not permitted. No garage door shall face the front of a residence or street which is the Owner’s address (i.e., a residence whose address is 123 Stone Canyon Drive MAY NOT have a garage which opens up to or faces Stone Canyon Drive).
Section 3. Vehicles. No trailer, motorcycle, motor home, tent, boat, marine craft, recreational vehicle, automobile or truck (hereinafter, “Vehicles”) shall be kept, parked, stored or maintained on any portion of the Lot, except for the Garage or that portion of the Lot which is behind the front building line. No Vehicles shall be kept, parked, stored or maintained on any public street. The parking or storage of any wrecked, junked, inoperative, or unlicensed Vehicles on a Lot is strictly prohibited.
Section 4. Pets. No animals, livestock, poultry, exotic or dangerous pets of any type that may pose a safety or health threat to the community shall be raised, bred or kept on any Lot, except for a reasonable number of dogs, cats, or other generally recognized household pets.
Section 5. Garbage and Refuse Disposal. The collection and disposal of garbage and refuse shall be in strict compliance with local law. No garbage or refuse shall be stored, kept, placed or maintained on any Lot where visible from any street, except solely on a day designated for removal of garbage and refuse.
Section 6. Offensive Activities. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to Owners in the Subdivision.
Section 7. Microwave, Satellite, Radio, and TV Antenna. No microwave, satellite, radio or TV antenna over 6 feet in height above the roofline shall be erected on any Lot.
Section 8. Irrigation Systems. The front yards of each Lot shall be irrigated prior to the issuance of a certificate of occupancy. The irrigation system shall be fully automatic and be designed by a licensed irrigator.
Section 9. Septic Systems. No septic system for the disposal of sewage shall be constructed on any Lot.
Section 10. New Construction Required. All residences, garages, and major structural buildings in excess of 200 square feet shall be newly constructed on each Lot; and no residence, garage, or accessory building or structure in excess of 200 square feet may be brought in, pre-made, from another location. Mobile homes or manufactured housing for residential use is strictly prohibited.
(a) Masonry Requirement. The exterior walls of all residential homes on a Lot in the Subdivision, including, but not limited to, their related garage, shall be veneered with brick, stone or stucco (or comparable EFIS system), PROVIDED, HOWEVER, that window dormers may be veneered with Hardiboard or its equivalent.
(b) Permitted Materials for External Chimney. The exterior walls of all chimneys on a Lot in the Subdivision shall be veneered with brick (or faux brick), stone (or faux stone), or stucco (or comparable EFIS system). Use of Hardiboard, or its equivalent, is prohibited.
(c) Permitted Materials for Retaining Walls. All retaining walls constructed on a Lot in the Subdivision shall be veneered with stone. Use of railroad ties or concrete products is prohibited.
(d) Accessory Buildings. All accessory buildings on a Lot in the Subdivision, defined for purposes of this Master Declaration (or any amendment thereto) as any structure on any such Lot which is not attached to a Living Unit, shall be veneered with substantially the same materials as those used for the Living Unit.
(e) Driveways. All driveways in front of the front building line and leading into a garage shall be veneered with concrete, brick or stone (so long as local code provides). The concrete, however, may be stained or stamped.
Section 11. Minimum Living Space. Residences constructed on all Lots in the Subdivision shall have a minimum of 3,000 square feet of Living Space. Under no circumstances may a residence exceed 2½ stories in height.
Section 12. Architectural Controls. Lots 138, 139, 140, 141, 142, 153, 159, 160, 165, 166, 171, 172, and 173 shall be subject to the following architectural controls: that no home, building, or structure shall commence to be erected, placed or altered on the foregoing Lots unless and until (1) the exterior elevation plans (from all four sides) and specifications, (2) a plan showing the proposed location of the subject structure on the Property, and (3) the exterior veneer materials (and related color scheme) to be used on the subject structure have been approved in advance by and at the sole and absolute discretion of the Developer; that the Developer expressly reserves the right to reject any plan submitted for any reason whatsoever; that the failure of Buyer (or Buyer’s successors or assigns) to strictly abide by the terms of the deed restrictions shall entitle Developer to (1) sue for injunctive relief, in which event Buyer (or Buyer’s successors or assigns) shall be responsible for Seller’s costs to pursue such injunction, including, but not limited to, attorneys’ fees, and (2) demand and receive from Buyer (or Buyer’s successors or assigns) liquidated damages in the amount of $100.00 per day such violation remains outstanding, plus Developer’s costs to collect such fees, including, but not limited to, attorneys’ fees, and (ii) possession to the Property, and Buyer shall deliver to Developer any remaining balance of the purchase price. Any such plans or proposed materials to be used and submitted to Developer for approval and not approved within 15 days from the date received by Developer shall be deemed denied.
Section 13. Fences. No Owner is required to erect a fence. However, all perimeter fences (defined herein as being any fence lying within 10 feet of a Lot’s property line) that are erected shall be constructed of either wood, masonry products, wrought iron, or any combination of masonry product and wrought iron, PROVIDED, HOWEVER, that all wood fences on a Lot in the Subdivision shall be constructed in the following manner: (1) only cedar, treated hardwood, or other material approved in advance by the Homeowner’s Association shall be used (no pine wood shall be used); (2) all sides of the pickets and posts shall be sealed and stained (and regularly re-sealed and re-stained); (3) the style of the fence shall be “board-on-board” or other style approved in advance by the Homeowner’s Association; (4) the fence shall be regularly maintained; and (5) galvanized steel poles shall be used to support the fence at standard intervals on the interior of the fence.
In addition, any portion of a perimeter fence which abuts, or is erected adjacent to, open space, must be constructed of wrought iron materials. Any perimeter fence erected along following Lots shall use wrought iron materials:
the north and west sides of Lot 160;
the north and east sides of Lot 165;
the south and east sides of Lot 166;
the north and west sides of Lot 175; and
the south and west sides of Lot 176.