Unless otherwise expressly provided herein, the following words and phrases when used in this Master Declaration shall have the meanings hereinafter specified.
|
Table of Contents
|
Section 1: “Association”
“Association” shall mean and refer to FAIRWAY FOREST TOWNHOMES ASSOCIATION, a non-profit corporation, formed under the laws of the state of Texas, its successors and assigns.
Section 2: “Owner”
“Owner” shall mean and refer to the recorded owner, whether one or more persons or entities, of a fee simple title to any building plot which is a part of the property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 3: “Property”
“Property” shall mean and refer to that certain 4.738 acre tract of land hereinabove described.
Section 4: “Common Area”
“Common Area” shall mean all of the Property save and except the fifty-five (55) individual townhomes below described. Title to the common area shall be held by the Association subject to the use easements of all Owners and for the common use and enjoyment of the Owners and Guests. The common area to be owned by the Association at the time of the conveyance of the first building plot is generally described as follows:
- All areas of the 4.732 acres, more or less, situated in Mary Owens Survey, Abstract 611, Harris County, Texas, more particularly described by metes and bounds in Exhibit “A”, except that area described in Section 5 as Townhome Building Plot and more particularly described in Article II.
- All areas on the Project, except the Units and the land they are situated on, and shall further include, without limitation, for maintenance purposes of the Association, but not necessarily by way of fee title, all gas, water and waste pipes all sewers, all ducts, chutes, conduits, wires and other utility installations of the structures wherever located (except outlets thereof when located within the Units), the airspace above the structures, private streets or driveways, walkways, pools, and other recreation facilities or equipment, common stairways, parking areas and landscaping on those areas which are not defined as part of the Units.
- The various utility easements mentioned and described in Article IV below.
- All other portions of the Property, save and except the fifty-five (55) individual building plots hereinafter described.
Section 5: “Townhome Building Plot”
“Townhome Building Plot” shall mean and refer to each of the individual tracts of land into which the Property, except the common areas, has been divided for the construction of the residence houses thereon for individual use and ownership. The fifty-five (55) townhomes building plots within the Property comprising FAIRWAY FOREST TOWNHOMES are as mentioned and described in Article II, below, and the Exhibits therein referred to. The terms “townhome building plot”, “residential building plot” and “building plot” are herein or in the Articles of Incorporation of the Association all have the same meaning.
Section 6: “Architectural Committee”
“Architectural Committee” shall mean the Architectural Review committee created pursuant to Article IX hereof.
Section 7: “Architectural Committee Rules”
“Architectural Committee Rules” shall mean the rules adopted by the Board and Architectural Committee pursuant to Article IX.
Section 8: “Articles”
“Articles” shall mean the Articles of Incorporation of the Association, files or to be files in the Office of the Secretary of State of the State of Texas, a true copy of which is attached hereto, marked Exhibit “B”, as such Articles may be amended from time.
Section 9: “Annual Assessment”
“Annual Assessment” shall mean a charge against a particular Owner and his Townhome, representing a portion of the costs of maintaining, improving, repairing and managing the Property and all other common expenses, including operation costs for the common property, which are to be paid equally by each Owner to the Association for common expenses as provided herein.
Section 10: “Capital Improvement Assessment”
“Capital Improvement Assessment” shall mean a charge against each Owner and his townhome, representing a portion of the cost to the Association for installation or construction of any capital improvements on any of the common property which the association may from time to time authorize. Such charge shall be levied among all of the townhomes in the project in the same proportions as are annual assessments.
Section 11: “Reconstruction Assessment”
“Reconstruction Assessment” shall mean a charge against a particular Owner and his townhome, representing a portion of the cost to the Association for reconstruction of any capital improvements on any of the common property which the Association may from time to time authorize. Reconstruction assessments shall be levied among all of the townhomes in the project in the same proportions as the relative interior square foot floor areas on the residential elements of the units (as such areas are shown on the Declaration), expressed as percentages, and computed by dividing the interior square foot floor area of the residential element of each unit by the total interior square foot areas of the residential elements of all units in the project.
Section 12: “Special Assessment”
“Special Assessment” shall mean a charge against a particular Owner and his townhome, directly attributable to, or reimbursable by, the Owner, equal to the cost incurred by the Association for corrective action performed pursuant to the provisions of this Declaration, or a reasonable fine or penalty assessed by the Association, plus interest and other charges thereon as provided for in this Declaration.
Section 13: “Beneficiary”
“Beneficiary” shall mean a mortgagee under a mortgage or a beneficiary under a deed of trust, as the case may be, and the assignees of such mortgages or beneficiary.
Section 14: “Board of Directors”
“Board of Directors” or “Board” shall mean the Board of Directors of the Association.
Section 15: “Bylaws”
“Bylaws” shall mean the bylaws of the Association as adopted by the Board initially in the form of Exhibit “C” attached hereto, as such bylaws may be amended by the membership of the Association from time to time.
Section 16: “Close of Escrow”
“Close of Escrow” shall mean the date on which a deed is recorded conveying a townhome.
Section 17: “Restricted Common Areas”
“Restricted Common Areas” shall mean those portions of the common areas over which exclusive easements are reserved for the benefit of certain Owners, for patio, balcony, or parking purposes. The restricted common areas in the project for patio or balcony purposes are shown and assigned in the townhome plan. The restricted common areas in the project for parking purposes are shown and described on Exhibit “E” which is attached hereto and incorporated herein by this reference.
Section 18: “Common Expenses”
“Common Expenses” shall mean the actual and estimated costs of: maintenance, management, operation, repair, and replacement of the common property (including unpaid special assessments, reconstruction assessments and capital improvement assessments); the cost of any and all utilities metered to more than unit and other commonly metered charges for the Property; the costs of trash collection and removal, and maintenance of the clustered mailboxes; costs of management and administrations of the Association including ,but not limited to, compensation paid by the Association to managers, accounts, attorneys and other employees; the costs of all gardening, security, clustered mailboxes and other services benefiting the common property; the costs of fire, casualty and liability insurance, workers’ compensation insurance, errors and omissions and director, officer and agent liability insurance, and other insurance covering the Property and the directors, offices and agents of the Association; the costs of bonding of the members of the Board; taxes paid by the Association, including any blanket tax for discharge of any lien or encumbrance levied against the Property, or portions thereof; and the costs of any other item or items designated by, or in accordance with other expenses incurred by the Association, for any reason whatsoever in connection with the Property, for the common benefit or the Owners.
Section 19: “Declaration”
“Declaration” shall mean the within Declaration of covenants, conditions and restrictions and reservation of easements, as it may be amended from time to time as provided herein.
Section 20: “Deed of Trust”
“Deed of Trust” shall mean a mortgage or a deed of trust, as the case may be.
Section 21: “Family”
“Family” shall mean one or more natural persons each related to the other by blood, marriage, or adoption, or a group of not more than three (3) natural persons not all so related, inclusive of their domestic servants, who maintain a common household in a residence.
Section 22: “Improvements”
“Improvements” shall mean all structures and appurtenances thereto of every type and kind, including but not limited to, buildings, outbuildings, walkways, sprinkler pipes, carports, swimming pools, roads, driveways, parking areas, screening walls, retaining walls, awnings, stairs, decks, landscaping, hedges, windbreaks, and exterior surfaces of any visible structure, planted trees and shrubs, poles, signs, and water softener fixtures or equipment.
Section 23: “Maintenance Funds”
“Maintenance Funds” shall mean the accounts created for receipts and disbursements of the Association pursuant to Article VIII, Section 2 hereof.
Section 24: “Manager”
“Manager” shall mean the person, employed by the Association, and delegated the duties, power or functions of the Association as limited by said section.
Section 25: “Member”
“Member” shall mean every person holding a membership in the Association, pursuant to Article XV, Section 2 hereof. “Membership” shall mean the Property, voting and other rights and privileges of members as provided herein, together with the correlative duties and obligations contained in the Declaration, the Articles and Bylaws of the Association.
Section 26: “Mortgage”
“Mortgage” shall mean any mortgage or deed of trust or other conveyance of a townhouse or other portion of the Property to secure the performance of an obligation, which conveyance will be reconveyed upon the completion of such performance. The term “Deed of Trust” or “Trust Deed” when used shall by synonymous with the term “Mortgage”.
Section 27: “Mortgagee”
“Mortgagee” shall mean a person to whom a mortgage is made and shall include the beneficiary of a deed of trust; “Mortgagor” shall mean a person who mortgages his or its Property to another (i.e., the maker of a mortgage), and shall include the trustor of a deed of trust. The term “Trustor” shall be synonymous with the term “Mortgagor” and the term “Beneficiary” shall be synonymous with the term “Mortgagee.”
Section 28: “Notice and Hearing”
“Notice and Hearing” shall mean written notice and a hearing before the Board, at which the Owner concerned shall have an opportunity to be heard in person, or by counsel at the Owner’s expense, in the manner further provided in the Bylaws.
Section 29: “Record”
“Record”, “File”, “Recordation“ or “Recorded” shall mean, with respect to any document, the recordation or filing of such document in the Office of the County Recorder of the county in which the Property is located.
Section 30: “Residence”
“Residence” shall mean a unit, intended for use by a single family, together with any restricted common areas reserved for the benefit of such unit.
Section 31: “Restrictions”
“Restrictions” shall mean this Declaration, the Articles, Bylaws and the rules and regulations of the Association from time to time in effect.
Section 32: “Rules and Regulations”
“Rules and Regulations” shall mean the rules and regulations adopted by the Board pursuant to this Declaration or the Bylaws, as such rules and regulations may be amended from time to time.
Section 33: “Unit”
“Unit” shall mean the elements of a townhome not owned in common with the Owners of other townhomes in the project. Each of the units in the multi-family structure shall be a separate freehold estate, as separately shown, numbered and designated in the townhome plan. Each such unit consists of a living area space or spaces (“residential element”) bounded by and including the interior surfaces of the perimeter walls of each residential element, as shown and defined in the townhome plan. A unit shall consist of the land and foundation directly under the residential living area space. In interpreting deeds, declarations and plans, the existing physical boundaries of the unit or a unit constructed or reconstructed in substantial accordance with the townhome plan and the original plans thereof, if such plans are available, shall be conclusively presumed to be its boundaries, rather than the description expressed in the deed, townhome plan or declaration, regardless of settling or lateral movement of the building and regardless of minor variances between boundaries, as shown on the townhome plan or defined in the deed and Declaration, and the boundaries of a building as constructed or reconstructed.
Section 34: “FHA”
“FHA” shall mean the Federal Housing administration of the United States Department of Housing and Urban Development, including such department or agency of the United States government as shall succeed to the FHA in insuring notes secured by mortgages and deeds of trust on residential real estate.
Section 35: “FHLMC”
“FHLMC” shall mean the Federal Home Loan Mortgage corporation or The Mortgage corporation created by Title III of the Emergency Home Finance Act of 1970, including any successors thereto.
Section 36: “FNMA”
“FNMA” shall mean the Federal National Mortgage Association, a government-sponsored private corporation established as such pursuant to the Title VIII of the Housing and Urban Development Act of 1968, including any successor thereto.
Section 37: “GNMA”
“GNMA” shall mean the Government National Mortgage Association administered by the United States department of Housing and Urban development, including any successor thereto.
Section 38: “Government Mortgage Agencies”
“Government Mortgage Agencies” shall mean the FHA, the VA, the FHLMC, the GNMA, the FNMA, or any similar entity, public or private, authorized, approved or sponsored by any governmental agency to insure, guarantee, make or purchase mortgage loans.