Restrictions are included in the Covenants, Conditions and Restrictions (CCR’s) you received at closing.
THERE ARE SEVERAL SECTIONS TO THE CCR. ARTICLES V AND VII ARE THE ONES MOST OFTEN OF CONCERN TO HOMEOWNERS. THESE TWO SECTIONS APPEAR BELOW.
THE FOLLOWING HAS BEEN RETYPED OR SCANNED INTO A FORMAT USABLE IN THIS MEDIA. AS SUCH, THERE MAY BE ERRORS. ANY DISPUTE OR DISCREPANCY SHALL BE RESOLVED BY REVIEWING THE ORIGINAL COPY ISSUED TO THE HOMEOWNER AT CLOSING, WHEN THE PROPERTY WAS PURCHASED.
CONSTRUCTION OF IMPROVEMENTS AND USE OF THE LOTS
Section 5.1 Residential Use. All lots (except for the park) shall be used for the construction of single family, detached residential dwellings units. Structures built on the Lots shall be limited to one single-family residence per Lot. No building or structure on any Lot shall exceed two (2) stories in height.
Section 5.2 Restrictions on Sub-dividing. No Lot shall, at any time, be re-subdivided into additional Lots.
Section 5.3 Restrictions on Improvements. All improvements or structures constructed on the Lots must comply in all respects with the zoning ordinances, building codes, rules and regulations as promulgated by the City.
Section 5.4 Prohibited Uses. No Lot shall be used and no building shall be erected or converted for any use other than as specified pursuant to zoning ordinances, rules and regulations promulgated by the City. The following uses are also prohibited within the Property:
- Any illegal, noxious or offensive activity of any kind and nothing may be done thereon which may become an annoyance or nuisance in the neighborhood.
- Any use which is offensive by reason of odor, fumes, vibrations, dust, smoke, radiation, noise, or pollution or that is hazardous by reason of excessive danger of fire or explosion.
- No animals, livestock or poultry of any kind shall be raised, bred or kept except common household pets that are not kept or bred or maintained for commercial purposes.
- No open or exterior storage of goods or materials.
- No storage of oil, gasoline or other flammable liquid in bulk of more than (10) gallon gross capacity in a U. L approved container.
- No overnight parking of large trucks (one ton or larger), except by the builders during construction, and no parking at any time of motor vehicles of any type which are in obvious disrepair or are use to transport flammable or explosive cargo.
- No temporary or portable building, shop or trailer, shed or mobile home of any kind or any improvement of a temporary structure of any kind shall be permitted, except for those used in the marketing and construction of homes on the lots
- No individual water and or sewer systems may be installed on any lot.
- No air conditioning and/or heating apparatus may be installed on the ground in front of a dwelling unit or shall be attached to any front wall or window of a dwelling unit.
- No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted, nor shall oil wells, tanks, tunnels miner excavations or shafts be permitted. No derrick or other structure designed for use in quarrying for oil, natural gas or any other minerals be permitted.
- Neither a motorboat, houseboat or other similar water-borne vehicle nor any “camper” vehicle or motor home may be maintained, stored or kept on any parcel of property covered by these covenants, except in areas specifically designated by the Board of Directors.
Section 7.1 Maintenance Responsibilities of Owners. All Owners and occupants of any Lot shall have the responsibility, at their sole cost and expense, to keep that part of the Property so owned or occupied, including all easements and other rights of way which abut such Lot, in a well maintained and attractive condition at all times. Grass, weeds and other vegetation shall be mowed by the Owner of each Lot at regular intervals so as to maintain the Lot in a neat and attractive manner. Upon the failure of any Owner to maintain a Lot in a neat and attractive manner, the Association may, at its option, perform such maintenance; the Owner of such Lot shall be obligated to reimburse the Association for the cost of such maintenance. This provision, however, shall in no manner be construed to create a lien of any kind in favor of any party on any Lot for the cost of such maintenance.
Section 7.2 Easements. Easements for installation, maintenance, repair and removal of utilities (including, but not limited to sewer, water, telephone, power, gas, street lighting and television cable and drainage facilities and floodway easements over, under and across the Lots) are reserved by Declarant itself and its successors and assigns. Declarant shall have the right to grant easements for such purposes over, under and across the Lots. Full rights of ingress and egress shall be had by Declarant and its successors and assigns at all times over the Lots for the installation, operation, maintenance, repair or removal of any utility together with the right to remove any obstruction that may be placed in such easement. Notwithstanding the foregoing, however, Declarant covenants that at any such time as the utilities referred to in this Section shall have been installed or otherwise located on the Lots, Declarant will by written instrument recorded in the Deed Records of Denton County, Texas define the exact location of each such easement and will release the remainder of the Lots from the provisions of this Section. Any such instrument when executed and filed of record by Declarant shall be effective to limit the location of the easement provided for therein in accordance with its terms and conditions, notwithstanding that the utility company affected may not have executed such instrument.
Section 7.3 Ingress and Egress by the Association. Full rights of ingress and egress shall belong to the Association at all times over and upon each Lot for the maintenance and repair of each Lot in accordance with provisions hereof and for carrying out by the Association of its functions, duties and obligations hereunder; provided, that any such entry by the Association upon any Lot shall be made with minimum of inconvenience to the Owner as is practical, and any damage caused shall be repaired by the Association at its expense.
Section 7.4 Enforcement. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate them, or to recover damages, or to enforce any lien created by these covenants; and failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 7.5 Amendment. Except as provided in Section 2.3 hereof, the covenants, conditions and restrictions of this declaration may not be abolished, amended or changed, in whole or in part.
Section 7.6 Mortgages. It is expressly provided that the breach of any of the conditions, covenants, restrictions or agreements contained herein, or of any reentry by reason of such breach shall not defeat or render invalid the lien of any mortgage or deed of trust, made in good faith and for value, as to the premises, or any part thereof, encumbered by such mortgage or deed of trust, but said conditions, covenants, restrictions and agreements shall be binding thereto as required by foreclosure, trustee’s sales, or otherwise, as to any breach occurring after such acquirement of title.
Section 7.7 Severability. If any condition, covenant, restriction or agreement herein contained shall be invalid, which invalidity shall not be presumed until the same is determined by the judgment or order of a court of competent jurisdiction, such validity shall in no way effect any other condition, covenant, restriction or agreement contained herein, each of which shall remain in full force and effect.
Section 7.8 Binding Effect. Each of the conditions, covenants, restrictions and agreements herein contained is made for the mutual benefit of (and is binding upon) each and every person acquiring a Lot or other part of the Property, since it is intended that the Subdivision shall be developed for residential purposes only, it being further understood that such conditions, covenants, restrictions and agreements are not for the benefit of the owner of any land except land in the Subdivision. This declaration, when executed, shall be filed of record in the Deed Records of Denton County, Texas, so that each and every owner or purchaser of any portion of the Property is on notice of the conditions, covenants, restrictions and agreements herein contained.
Section 7.9 Duration. The covenants, conditions and restrictions of this declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association and the Owner of any land subject to this declaration, their respective legal representatives, heirs, successors, and assigns, for a term of twenty (20) years from the date that this declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the Members entitled to cast seventy-five percent (75%) of the votes of the Association has been recorded, agreeing to abolish said covenants, conditions and restrictions in whole or in part. Provided, however, that no such agreement to change the covenants, conditions or restrictions shall be effective unless made and recorded ninety (90) days in advance of the effective date of such change.
Section 7.10 Dissolution. The Association may not be dissolved without the prior written consent of the Town.
Section 7.11 Rights and Obligations. The provision of the this declaration and the Articles of Incorporation and Bylaws and the rights and obligations established thereby shall be deemed to be covenants running with the land and shall inure the benefit of, and be binding upon, each and all of the owners and their respective heirs, representatives, successors, assigns, purchasers, grantees and mortgagees. By the recording of the acceptance of a deed conveying a lot of any ownership interest in the lots whatsoever, the person to whom such lot or interest is conveyed shall be deemed to accept and agree to be bound by and subject to all of the provisions of this Declaration and the Articles of Incorporation and Bylaws, whether or not mention thereof is made in said deed.
Section 7.12 Failure of Association to perform Duties. Should the Association fail to carry out its duties as specified in the Declaration, the Town or its lawful agent shall have the right and ability, after due notice to the Association, to remove any landscape systems, features or elements that cease to be maintained by the Association; to perform the responsibilities of the Association if the Association fails to do so in compliance with any of the provisions of the Declaration, the agreements, covenants or restrictions of the Association, or of any applicable Town codes or regulations; to assess the Association for all costs incurred by the Town in performing said responsibilities if the Association fails to do so; and/or avail itself of any other enforcement actions available to the Town pursuant to state law or Town codes and regulations. Should the Town exercise its rights as specified above, the Association shall indemnify and hold the Town harmless from any and all costs, expenses, suits, demands, liabilities and damages, including attorney’s fees and costs of suit, incurred or resulting from the Town’s removal of any landscape systems, features or elements that cease to be maintained by the Association or from the Town’s performance of the aforementioned operation, maintenance or supervision responsibilities of the Association due to the Association’s failure to perform said duties.
Section 7.13 Address of Declarant. The mailing address of Declarant is:
Harlan Properties, Inc (This is no longer valid. See NOTE below.)
2404 Texas Drive, Suite 103
Irving, Texas 75062
Section 7.14 Assignment. Declarant shall have the right to assign and/or delegate its rights, privileges, duties and obligations hereunder.
(NOTE: As allowed under the preceding section, Harlan Properties has assigned its rights, privileges, duties and obligations to the Lexington Glen HOA.)
Section 7.15 Compliance with Ordinances. Notwithstanding any provision contained herein to the contrary, this declaration shall comply with the applicable zoning ordinances and other rules, codes and regulations of the Town of Flower Mound, Denton County, Texas.