Section 1: Duration

The rights, use easements and privileges of the owners of townhome building plots in and to the common area as provided for and set out in this Declaration shall be deemed to be covenants running with the land and shall be of perpetual duration. All other provisions, restrictions, covenants and conditions of this Declaration shall also run with and bind the land and the owners for an initial term of fifty (50) years from the date of this Declaration is filed for record, after which time they shall be automatically extended for successive periods of ten (10) years each, except that at any time after the expiration of said initial term the same may be terminated or amended in whole or in part by a written agreement signed and acknowledged by the then owners of at least 75% of the townhome building plots and first lien mortgage holders and filed for record in the Deed Records of Harris County, Texas.

Section 2: Enforcement

The Association, as a common expense to be paid out of the maintenance fund, or any owner at his own expense, shall have the right to enforce by proceedings at law or in equity, all restrictions, covenants, conditions, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any owner to take any such action upon any breach or default or in respect to any covenant, restriction or condition shall not be deemed a waiver of their right to take such action upon any subsequent breach or default.

Section 3: Amendments by Declarant

The Declarant reserves and shall have the right at any time and from time to time, without the joinder or consent of any owner or any other person, to amend this Declaration by an instruments in writing duly signed, acknowledged and filed for record, for the purpose of correcting any typographical error, ambiguity or inconsistency appearing in this Declaration, provided that any such amendment shall be consistent with and in furtherance of the general plan and scheme of development as evidenced by this Declaration, and shall not impair the vested property rights of any homeowner or his mortgagee.

Section 4: Building Plot

The terms “townhome building plot” and “plot” as used herein shall mean one and the same thing, that is a tract of land for the erection and construction of a residence house thereon for individual ownership, and such term includes all such tracts, without regard to the fact that the residence house construction or to be constructed thereon may or may not adjoin or share a party wall with another residence house.

Section 5: Additional Electrical Utility Easement

Easements for the installation and maintenance of electrical transformers shall exist upon the open patio area of the townhome building plots as may be required for electric service to the residence thereon and for the extension or lines from such transformers to furnish electric service to other townhome building plots in accordance with the plan of construction and development. The cost and expense for the maintenance of repair of any such utility facility shall be equally shared by all owners served by such facility except in cases where it is the obligation of the utility company furnishing the service to maintain and repair the same.

Section 6: Repair to Street and Driveways

It is to be expected that the street and the driveways in the common area which are to be maintained and repaired by the Association will normally develop minor cracks due to the expansion, contraction, swelling or shifting of soil, the expansion and contraction of concrete and other causes, which cracks ordinarily do not interfere with or impair the reasonably safe use of such surfaces, and it is agreed that the Association may, but shall not be obligated to, repair minor cracks of this nature; however, it shall be the obligation of the Association to repair the street and driveways which are part of the common area when in the judgement of the Association any injury, damage or disrepair to or of the same is of such nature as would render the use thereof hazardous, dangerous or unsafe under normal and reasonable circumstances.

Section 7: Severability

Invalidation of any one of the covenants, restrictions or conditions contained in this Declaration, or any part thereof, shall in no ways affect any of the other covenants, restrictions or conditions which shall remain in full force and effect.

Section 8: Interpretation

If this Declaration or any part thereof shall be susceptible of more than one or conflicting interpretations, then the interpretation which is most nearly in accord with the general purposes and objectives of this Declaration shall govern.

Section 9: Amendment

Notice of the subject matter of a proposed amendment to this Declaration in reasonably detailed form shall be included in the notice of any meeting of the Association at which a proposed amendment is to be considered. A resolution adopting a proposed amendment may be proposed by an owner at a meeting of members of the Association. The resolution shall be adopted by the vote, in person or by proxy, or written consent of members representing not less than (i) sixty percent (60%) of the voting power of the Association, and (ii) sixty percent (60%) of the voting power of the Association residing in members other than the grantor, provided that the specified percentage of the voting power of the Association necessary to amend a specified Section or provision of this Declaration shall not be less than the percentage of affirmative votes prescribed for action to be taken under that Section or provision. A copy of each amendment shall be certified by at least two (2) officers of the Association and then amendment shall be effective when the Certificate of Amendment is recorded. Holders of seventy-five percent (75%) of the first mortgages on all townhomes in the project at the time of such amendment, based upon one (1) vote for each mortgage owned, must approve in writing any amendment which affects their rights or interest in the above described amendment. Notwithstanding the foregoing, any of the following amendments, to be effective, must be approved in writing by the record holders of seventy-five (75%) of the first mortgages on all of the townhomes in the project at the time of such amendment, based upon one (1) vote for each mortgage owned:

1. Any amendment which affects or purports to affect the validity or priority of encumbrance or the rights or protection granted to encumbrances or first lien mortgage holders as provided in this Declaration.
2. Any amendment which would necessitate an encumbrancer after it has acquired a townhome through foreclosure to pay more than its proportionate share of any unpaid assessment or assessments accruing after such foreclosure.
3. Any amendment which would or could result in an encumbrance being cancelled by forfeiture, or in the individual townhome not being separately assessed for tax purposes.
4. Any amendment relating to the insurance provisions as set out in Article 11 hereof, or to the application of insurance proceeds as set out in Article 11 hereof, or to the disposition of any money received in any taking under condemnation proceedings.
5. Any amendment which would or could result in (i) termination of the Property or partition or subdivision of a townhome unit, in any manner inconsistent with the provisions of this Declaration or a change in the boundaries or easement rights herein, (ii) the interest in the general or limited common elements appertaining to any unit or the liability for common expenses appertaining thereto, (iii) the number of votes in the Owners Association or (iv) the purpose to which any unit or the common elements are restricted.
6. Any amendment which would subject any owner to a right of first refusal or other such restriction in favor of the Association, if such owner exercises his right to sell, transfer or otherwise convey his townhome.

A certificate, signed and sworn by two (2) officers of the Association that the record owners of sixty percent (60%) of the townhomes have either voted for or consented in writing to any amendment adopted as provided above, when recorded, shall be conclusive evidence of that fact. The Association shall maintain in its files the record of all such votes or written consents for a period of at least four (4) years. Such a certificate reflecting any amendment which requires the written consent of any of the record holders of first mortgagees shall be signed and sworn to by such first mortgagees.

Section 10: Protection of Grantor

Notwithstanding any other provision in this Declaration, the prior written approval of grantor, as developer of the Property, will be required before any amendment which would impair or diminish the rights of grantor to complete the Property or sell or lease townhomes therein in accordance with this Declaration shall become effective.

Section 11: Legal Proceedings

Failure to comply with any of the terms of the restrictions by an owner, his family, guests, employees, invitees or tenants, after compliance with the notice and hearing procedures set forth in the Bylaws of the Association (except for the nonpayment of any assessments provided for herein), shall be grounds for relief which may include, without limitation, an action to recover sums due for damages, injunctive relief, foreclosure of lien, or any combination thereof. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce that provision, or any other provision hereof. The Board, any owner (not at the time in default hereunder), or grantor shall be entitled to bring an action for damages against any defaulting owner, and in addition may enjoin any violation of this Declaration. Any judgement rendered in any action or proceeding pursuant thereto shall include a sum for attorneys’ fees in such amount as the court may deem reasonable, in favor of the prevailing party, as well as the amount of any delinquent payment, interest thereon, cost of collection and court costs. Each remedy provided for in this Declaration shall be cumulative and not exclusive or exhaustive.

Section 12: Violation of Restrictions

Without in any way limiting the generality of the foregoing, if the Board of Directors determines that there is a violation of any provision of this Declaration, or the architectural committee determines that an improvement which is the maintenance responsibility of the owner is in need of installation, repair, restoration or painting, then the Board shall give written notice to the responsible owner of the condition of violation complained of. Unless the architectural committee has approved in writing corrective plans proposed by the owner to remedy the condition complained of within such period of time as may be determined reasonable by the Board after it has given said written notice, and such corrective work so approved is completed thereafter within the time allotted by the Board, the Board, after notice and hearing, shall undertake to remedy such condition or violation complained of, and the cost thereof shall be charged to the owner and his townhome whose residence is the subject matter of the corrective work. Such cost shall be deemed to be a special assessment to such owner, and his townhome, and be subject to levy, enforcement and collection by the Board in accordance with the assessment lien procedure provided for in this Declaration.