LNFC 40190493 BBB 11-05-90 Vista Oaks 1A and 1B Revised Williamson County, Texas Project #22039/CAN #2194 WHEN RECORDED, RETURN TO: Benjamin B. Beaty, Esquire Leonard Marsh Hurt Terry & Blinn A Professional Corporation 2001 Bryan Tower, Suite 700 Dallas, Texas 75201 AMENDED AND RESTATED RESIDENTIAL DECLARATION OF COVNENANTS, CONDITIONS, AND RESTRICTIONS STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF WILLIAMSON § THIS AMENDED AND RESTATED RESIDENTIAL DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS is made to be effective the 6th day of November, 1990 (“Effective Date”), by LOMAS LAND, INC., a Texas corporation (“Declarant”), DEAN SCHMIDT HOMES, INC., a Texas corporation (“Dean Schmidt”), ROTHMAN HOMES, INC., a Texas corporation (“Rothman”), VISTA OAKS OWNERS ASSOCIATION, INC., a Texas non-profit corporation (“Association”). W I T N E S S E T H: WHEREAS, Declarant filed for record that certain Initial Residential Declaration of Covenants, Conditions, and Restrictions, dated effective January 25, 1989 and filed for record on February 15, 1989 in Volume 1753 at Page 223 of the Official Records of Williamson County, Texas (“Initial Declaration”) encumbering a portion of the Property (as hereinafter defined)(such portion of the Property being hereinafter referred to as the “Declarant’s Tracts”) with certain, covenants, restrictions, easements, conditions, charges, and liens; WHEREAS, Dean Schmidt ratified, confirmed, and consented to the Initial Declaration in that certain Owner’s Ratification of Initial Residential Declaration of Covenants, Conditions, and Restrictions, dated effective June 15, 1989 and recorded on July 12, 1989 in Volume 1797 at Page 697 of the Official Records of Williamson County, Texas, as to a portion of the Property (“Schmidt Lot”); WHEREAS, Rothman ratified, confirmed, and consented to the Initial Declaration in that certain Owner's Ratification of Initial Residential Declaration of Covenants, Conditions, and Restrictions dated effective June 15, 1989 and recorded on July 12, 1989 in Volume 1794 at Page 694 of the Official Records of Williamson County, Texas, as to a portion of the Property (“Rothman Lot”); WHEREAS, the Declarant's Tracts, the Schmidt Lot, and the Rothman Lot constituted all of the Property; WHEREAS, Declarant, as lienholder on a portion of the Property, subordinated its liens to the Initial Declaration in that certain Lienholder's Subordination to Initial Residential Declaration of Covenants, Conditions, and Restrictions dated effective June 22. 1989 and recorded on July 12, 1989 in Volume 1797 at Page 700 of the Official Records of Williamson County, Texas; WHEREAS, Declarant, as lienholder on a different portion of the Property, subordinated its liens to the Initial Declaration in that certain Lienholder's Subordination to Initial Residential Declaration of Covenants, Conditions, and Restrictions, dated effective June 22, 1989 and recorded on July 12, 1989 in Volume 1797 at Page 703 of the Official Records of Williamson County, Texas; WHEREAS, the Association filed its Articles of Incorporation, dated effective January 25, 1989, on February 14, 1989 and was issued its Certificate of Incorporation on that same date; WHEREAS, Declarant designated a certain portion of the Property as Common Area (as hereinafter defined) and conveyed such portion of Property to the Association in that certain Declaration of Common Area and Deed, dated effective February 28, 1989 and recorded on March 10, 1989 in Volume 1760 at Page 40 of the Official Records of Williamson County, Texas; WHEREAS, Declarant designated a certain portion of the Property as Common Area and conveyed an easement to such portion of Property to the Association in that certain Declaration of Common Area and Easement, dated effective February 28, 1989 and recorded on March 10, 1989 in Volume 1760 at Page 45 of the Official Records of Williamson County, Texas; WHEREAS, Declarant designated a certain portion of the Property as Common Area and conveyed an easement to such portion of Property to the Association in that certain Landscape Easement, dated July 5, 1989, and recorded on July 11, 1989 in Volume 1797 at Page 293 of the Official Records of Williamson County, Texas; WHEREAS, Declarant designated a certain portion of the Property as Common Area and conveyed an easement to such portion of Property to the Association in that certain Landscape Easement, dated July 5, 1989 and recorded on July 11, 1989 in Volume 1797 at Page 298 of the Official Records of Williamson County, Texas; and WHEREAS, Declarant, Dean Schmidt, Rothman, and the Association, being all of the owners of the Property, or if there are other owners, Declarant, as attorney-in-fact for such owners for these purposes, desire to amend the Declaration in its entirety pursuant to the terms and conditions of this Amended Declaration and Declarant, being the only lienholder on the Property, desires to subordinate all of its liens on any portion of the Property to this Amended Declaration. NOW, THEREFORE, Declarant, Dean Schmidt, Rothman, and the Association, for and in consideration of the premises and the covenants contained herein, do hereby amend the Declaration, in its entirety, as follows, and Declarant does hereby subordinate its liens on any portion of the Property to such amendment: ARTICLE I DEFINITIONS As used herein, all capitalized terms shall have the respective meanings and definitions specified in this Article or as may be otherwise specifically defined. All definitions shall be applicable equally to the singular and plural forms of such defined terms. 1.01. “Applicable Authorities” shall mean the federal, state, county, municipal, and other governmental authorities having jurisdiction over the use, development, and servicing of the Property, including all rules, regulations, requirements, and zoning ordinances promulgated by such authorities. 1.02. “Approved Plans” shall mean and include the Plans which have been submitted to and approved by the Committee pursuant to the procedures of approval provided in Article V of this Amended Declaration. 1.03. “Association” shall mean and refer to Vista Oaks Owners Association, Inc., a Texas non-profit corporation, its successors and assigns. 1.04. “Board of Directors” shall mean the body that makes or performs all decisions and acts of the Association. 1.05. “Committee” shall mean the architectural review and control committee established by the Board of Directors. 1.06. “Common Areas” shall mean all real property (including the improvements thereto) and easements owned by the Association for the common use and enjoyment of the Owners. The Common Areas owned by the Association as of the date of this Amended Declaration are described on Exhibit “A” attached hereto and incorporated herein by reference. 1.07. “Declarant” shall mean and refer to Lomas Land, Inc., a Texas corporation, and its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. 1.08. “Amended Declaration” shall mean this Amended Residential Declaration of Covenants, Conditions, and Restrictions. 1.09. “Hazardous Materials” shall mean (a) any “hazardous waste” as defined by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.), as amended from time to time, and regulations promulgated thereunder; (b) any “hazardous substance” as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) as amended from time to time, and regulations promulgated thereunder; (c) asbestos; (d) petroleum products and polychlorinated biphenyls; (e) any substance and presence of which on the Property is prohibited by any government requirement; and (f) any other substance which by any government requirement requires special handling in its collection, storage, treatment, or disposal. 1.10. “Improvements” shall mean and include, but not be limited to, buildings, of a permanent or temporary nature (with temporary buildings being permitted only during the construction of other Improvements), outbuildings, underground installations, slope alterations, dams, spillways, ponds, lakes, islands in the ponds and lakes, walkways, patios, surface water drainage facilities, swimming pools, sediment control devices, enclosures, roads, berms, driveways, parking areas, fences, screening walls, retaining walls, stairs, decks, windbreaks. plantings, planted trees and shrubs, poles, signs, utilities, water lines, sewer, electrical and gas distribution facilities, heating, cooling and air circulation equipment and facilities, loading areas, storage facilities, storage areas, signs, roofed structures, railroad trackage, hedges, tennis courts, exterior illumination, changes in exterior color or shape, and all other structures, landscaping, or improvements of every type and kind initially or at any time thereafter placed or constructed on any Lot. 1.11. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Property with the exception of the (a) Common Areas and (b) any areas dedicated to a governmental authority on such map. 1.12. “Member” shall mean and refer to each Owner. 1.13. “Mortgage” shall mean and include any first mortgage, deed of trust, sale-leaseback, sale repurchase, or any other bona fide financing transaction. “Mortgagee” shall mean and refer to the holder and owner of a Mortgage. 1.14. “Lien Notice” shall mean the written notice given by the Association pursuant to Sectlon 4.11 hereof, such notice setting forth details regarding an assessment unpaid by an Owner. 1.15. “Notice of Ownership” shall mean the written notice filed with the Association pursuant to Section 4.12 hereof upon the transfer or conveyance of any portion of the Property. 1.16. “Occupant” shall mean any person, corporation, partnership, or organization who or which has purchased, leased, rented, or is otherwise legally entitled to occupy and use any Lot or portion thereof. 1.17. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot 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; provided, however, that any such fee simple owner may delegate to a lessee of its Lot all of its rights and obligations under this Amended Declaration for the term of such lease and for purposes hereof. Upon such delegation, such lessee shall be bound by the obligations and shall be entitled to exercise the rights of the fee simple owner during the term of such lease, but no such delegation shall relieve the Owner from liability for the performance of the Owner's obligations hereunder. In the event any Lot is jointly owned by two or more persons or entities, then each shall be fully liable hereunder as an Owner. 1.18. “Plans” shall mean and include the plans and specifications which must be submitted by the Owner or applicable Occupant and approved by the Committee before commencing any construction or alterations on any Lot. 1.19. “Property “ shall mean and refer to all those certain tracts of land described in Exhibit “B” attached hereto and incorporated herein by reference, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. As used herein, “Vista Oaks” shall also be deemed to mean the Property. 1.20. “Supplemental Declaration” shall mean any declaration of covenants, conditions, and restrictions subsequently imposed by Declarant upon all or any portion of the Property. ARTICLE II PROPERTY RIGHTS: COMMON AREAS: EASEMENTS 2.01. Owner’s Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area: (b) the right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assesment against his Lot remians unpaid and for a period not to exceed 60 days for any infraction of its published rules and regulations; and (c) the right of the Association to mortgage, dedicate, or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such mortgage, dedication or transfer under Subsection (c) of this Section shall be effective unless an instrument agreeing to such dedication or transfer signed by Members representing two-thirds (2/3) of each Class of Members has been recorded. If there is an ingress or egress easement to any residence through any portion of the Common Areas, any conveyance or encumbrance of such area is subject to the Owner’s easement for such ingress and egress. The Association is not obligated to maintain property it does not own or to which it has an easement. Nothing stated in this Section or in this Amended Declaration shall be construed in any manner as creating any obligation, duty, or responsibiltiy on Declarant to designate or create any specific Common Areas. 2.02. Delegation of Use. Any Owner may delegate, in accordance with the bylaws of the Asssociation, his or her right of enjoyment to the Common Areas and facilities to the members of his or her family, his or her tenants, or contract purchasers who reside on the Owner’s property. 2.03. Restriced Actions by Owners. No Owner shall permit anything to be done on or in the Common Area which would violate any applicable public law or ordinance or which will result in the cancellation of or increase of any insurance carried by the Association. 2.04. Damage to the Common Area. Each Owner shall be liable to the Association for any damage to the Common Area caused by the negligence or willful misconduct of the Owner or his or her family, tenants, guests, or invitees, but under no circumstances shall absolute liability be imopsed on any other Owner for damage to Common Areas or Lots in the Property. 2.05. Maintenance, Construction, Utility and Drainage Easements. The Owners of all Lots recognize and agree that temporary construction and permanent and perpetual maintenance easements and all rights of access reasonably necessary to permit construction and maintenance of the Common Areas, including reasonable permanent easements to permit utility installation and maintenance and storm water drainage on the Property, are hereby granted to and retained by Declarant for the benefit of Declarant and of the Associaton and their respective Mortgagees, contractors, independent contractors’ agents, and assigns. Such easements must be granted and conveyed hereafter by each Owner and Occupant to Declarant and the Association for the benefit of Declarant and of the Association and their respective Mortgagees, contractors, independent contractors’ agents, and assigns. Each Owner, by taking title to his or her respective Lot, hereby grants and conveys and shall be deemed to have consented and agreed to hereafter grant and convey such easements when requested to do so by Declarant or the Association. Each Owner, by taking title to his or its respective Lot, shall also be deemed to have agreed to obtain from all appropriate parties, including his or its Mortgagees and trustees under deeds of trust, security interests, and all other liens that encumber or in any way affect his or its respective Lot to such easements and to all other easements, rights-of-way and rights of ingress, egress, access, and passage now set forth in or otherwise provided for in or contemplated by this Article and such written subordination instruments shall be provided promptly and without delay to Declarant and the Association when requested by Declarant or the Association. Each Mortgagee, noteholder under a deed of trust, trustee under a deed of trust, and other holders of any security interest in any Lot, by accepting a security interest in or legal or equitable title to a Lot, shall be deemed to have consented to and agreed that its security interest or legal or equitable title is subject to said easements and agrees to execute any instrument reasonably required to subordinate its debt and security instruments to such easements, rights-of-way, and rights of ingress, egress, access, and passage subject to the same not materially adversely affecting the Lot serving as the security for the obligations owed to such Mortgagee or noteholder. Such easements will contain terms and contidions reasonably requested by Declarant or the Association, as the case may be, but such easements will not unreasonably interfere with the development, use and occupancy of any Lot or unreasonably affect access to, or operation of, any such Lot. All temporary construction easements, and temporary access rights in connection therewith, of Declarant shall terminate automatically when construction of the Common Area for which such easement is granted or retained is completed, but the permanent and perpetual maintenace easements, and access rights in connection therewith, of Declarant and the Association shall continue in full force and effect except as hereinafter provided. Prior to Declarant’s or the Association’s exercise of any easement rights created by this Section, a written instrument defining the location of the respective easement shall be recorded among the Real Property Records of Williamson County, Texas. 2.06. Conveyance of Common Areas. Declarant shall convey the Common Areas to the Association by easement, deed, or by plat recorded in the Real Property Records of Williamson County, Texas, at such time and from time to time as Declarant deems appropriate. Upon conveyance, the Association shall accept and maintain such Common Areas pursuant to its powers and duties as set forth in Article III hereof. 2.07. Additional Easements. If it becomes clear that additional utility or drainage easements, whether or not contemplated or mentioned in this Amended Declaration, between or across portions of the Property are reasonable, necessary, and desirable to effectuate the purposes of this Amended Declaration, then, upon the request of Declarant, and provided said proposed additional easements will not unreasonably interfere with the development, use and occupancy of any Lot unreasonably affect access to, or operation of, any such Lot, or materially increase the operating costs of any such Lot, each Owner agrees to grant such additioanl easements across its Lot, without charge therefor, subject to such reasonable terms and conditions as shall be agreed upon between Declarant and such Owner. Any such new easement or easements shall be signed by Declarant and/or all Owners of portions of the Property which compose the land within such new easements and shall be recorded in the Real Property Records of Williamson, County, Texas. 2.08. Use of and Limitations on Easements. The Owners of Lots benefitted by the easements specified in Section 2.05 and Section 2.07 hereof (if any and to the extent additional easements under Section 2.07 hereof are for the benefit of Lot Owners) and those other persons granted rights herein shall be entitled to use and enjoy said easements in common with others entitled to use same and shall take no action in or with respect to any of said easements which would interfere with the rights of other persons to use said easements or to enjoy the benefits therefrom. ARTICLE III MEMBERSHIP AND VOTING RIGHTS 3.01. Purposes. The purposes of the Association shall include, but not be limited to, the providing for the care, repair, restoration, replacemet, improvement, renovation, and maintenance of all Common Areas and enforcement of this Amended Declaration and any other Supplemental Declarations imposed by Declarant upon all or any portion of the Property. The Association will own easements for the Common Areas or may own Common Areas in fee. 3.02. Membership. Every Owner of a Lot which is subject to assessment shall automatically be a Member of the Association. Membership shall be appurtenant to and may not be seperated from ownershop of any Lot which is subject to assessment. 3.03. Voting Rights. The Association shall have two classes of voting membership: Class A. Class A Members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B Member shall be the Declarant and shall be entitled to three votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) when the total vote outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or (b) on November 6, 2010. 3.04. Board of Directors. (a) The Board of Directors will consist of no more that nine but no less that three directors. The terms of all directors shall be three years unless otherwise provided in the articles of incorporation or bylaws of the Association or any amendments thereto. A chairperson of the Board of Directors may also be elected by the board. (b) The membership books will be closed and adjustments in each Member’s voting rights will be made on the above basis by the Board of Directors 90 days prior to each annual meeting of the Members. (c) A quorum of the Board of Directors shall consist of a majority of the directors. Unless otherwise stated in this Amended Declaration, all decisions and acts of the Board of Directors shall be determined by a majority of the members of the Board of Directors voting. 3.05. Rules of the Board. All Owners and Occupants shall abide by any rules and regulations adopted by the Board of Directors. The Board of Directors shall have the power to enforce compliance with said rules and regulations by all appropriate legal and equitable remedies. An Owner determined by judicial action to have violated the rules and regulations of the Association shall be liable to the Association for all damages and costs, including reasonable attorney’s fees. The bylaws of the Association may also provide for disciplinary procedures which, at the option of the Board of Directors, may be implemented to enforces such rules and regluations and to impose penalties for failure to comply with such rules and regulations. 3.06. Powers and Duties. The Association shall have the following powers and duties (subject to the terms and conditions set forth in this Amended Declaration) which may be exercised within its reasonable discretion: (a) To mow and resow the grass and to care for, spray, irrigate, trim, protect, plant and replant trees and shrubs within the Common Areas and to pick up and remove from the Common Areas all loose material, rubbish, filth, and accumulations of debris, and to do any other thing necessary or desirable in the judgment of the Association to keep the Common Areas in neat appearance and in good order; (b) To employ counsel and institute and prosecute such suits as the Association may deem necessary or advisable, and to defend suits brought against the Association; (c) To employ from time to time such agents, servants, and laborers as the Association may deem necessary in order to exercise the powers, rights, and privileges granted to it, and to make contracts; (d) To maintain insurance on the Common Areas and for the Association and for liability of the directors and officers; (e) To maintain, repair, or replace, or pay for the maintenance, repair, or replacement of the Common Areas; (f) To fix, levy, and collect assessments pursuant to Article IV hereof; (g) To enforce the provisions of this Amended Declaration and any Supplemental Declartions; (h) To make and enforce rules and regulations governing the use of the Common Areas; and (i) To conduct any other activity within the terms and conditions set forth in this Amended Declaration and approved by at least a majority of the directors present and voting at a meeting containing at least a quorum of the Board of Directors. ARTICLE IV COVENANT FOR ASSOCIAITON ASSESSMENTS 4.01. Creation of the Lien and Personal Obligation of Assessments. The parties hereto, for each Lot owned within the Property, hereby covenant and agree, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (a) annual assessments or charges, and (b) special assessments for capital improvements, such assessments to be established and collected as herinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney’s fees, shall be a charge on the land and shall be a continuing lien upon the Property against which each such assessment is made. In order to secure the obligations of the Owners hereunder, each Owner grants, sells, and conveys his or her Lot or Lots, and all Improvements thereon, to Declarant, as trustee, in trust, with power of sale, fot he benefit of the Association. The Association shall have full power to appoint, at its sole discretion, by written instrument, a substitute trustee, and, if necessary, several substitute trustees in succession, who shall succeed to all the estate, rights, powers, and duties of the original trustee named herein. Such appointment may be executed by any officer of the Associaton and such appointment shall be conclusively presumed to be executed with authority and shall be valid and sufficient without proof of any action by the Board of Directors or any superior officer of the Association. Liens for assessments may be foreclosed by suit brought in the name of the Association or as provided for foreclosure of a contractural deed of trust lien under Tex. Prop. Code Ann. §51.002 (Vernon 1990). Each such assessment, together with interest, costs, and reasonable attorney’s fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. 4.02. Purpose of Assessment. The assessment levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Property and for the improvement and maintenance of the Common Areas. The assessments imposed by the Association may include an adequate reserve fund for maintenance, repairs, and replacements for that portion of the Common Areas which may be replaced or require maintenance on a periodic basis. Such reserves shall be maintained from the annual assessments. 4.03. Maximum Annual Assessment. Until January 1, 1991, the maximum annual assessment shall be twelve dollars ($12.00) per Lot. (a) From and after January 1, 1991, the maximum annual assessment may be increased each year not more than ten percent (10%) above the maximum assessment for the previous year without a vote of the membership. (b) From and after January 1, 1991, the maximum annual assessment may be increased above ten percent (10%) by a vote of two-thirds (2/3) of each class of Members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. 4.04. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the Common Areas, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy, at a meeting duly called for this purpose. 4.05. Assessments Against Class B Lots. Annual or special assessments made against Lots owned by Class B Members may, at such Class B Member’s sole discretion, be assessed at a lesser rate that the other Lots. Such lesser rate shall not be less than twenty-five (25%) of the rate for the other Lots and shall be uniform for all Class B Members Lots. However, if the Class B Members decide to have their Lots assessed at a lower rate than the other Lots, then the Class B Members shall reimburse the Association for any deficit in the Association’s operating budget. 4.06. Notice and Quorum for Any Action Authorized Under Sections 4.03 and 4.04 hereof. Written notice of any meeting called for the purpose of taking any action authorized under Section 4.03 or Section 4.04 hereof shall be sent to all Members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirements, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceeding meeting. 4.07. Uniform Rate of Assessment. Except as provided in Section 4.05 hereof, both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. 4.08. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the Effective Date. The first annual assessment shall be adjusted according to the number of months remaining on the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least 30 days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Mortgagees shall not be required to collect assessmens of the Association. 4.09. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within 30 days after the due date shall bear interest from the due date at the rate of ten percent (10%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Property of the Owner. No Owner may waive or otherwise escape liability for the assessments provided for herein by non use of the Common Area or abandoment of his or her Lot. 4.10. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any Mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to Mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. 4.11 Lien Notice. To evidence its lien, the Association may prepare a written Lien Notice setting forth the amount of such unpaid assessment, the name of the Owner or the reputed Owner of the Lot, and a legal description of such Lot. The Lien Notice shall be signed by an officer of the Association and shall be recorded among the Real Property Records of Williamson County, Texas, after having been mailed not less than 10 days prior to Such recording to the Owner or reputed Owner of the Lot in default. Any such lien may be enforced by the foreclosure upon the Lot with respect to which the assessment has not been paid, in like manner as a deed of trust with a power of sale on real property is foreclosed under the laws of the State of Texas. In any such foreclosure, the Owner or Owners of the Lot which is being foreclosed shall be required to pay the cost, expenses, and reasonable attorney's fees in connection with the preparation and filing of the Lien Notice as provided herein and all costs and reasonable attorney's fees incurred in connection with the foreclosure. The Association, Declarant, and any Member shall have the power to bid on the Lot being foreclosed. At least 25 days prior to any such foreclosure, the Association shall notify any Mortgagee with a prior lien on the Lot being foreclosed of the foreclosure, if such Mortgagee has its address of record in the Mortgage document recorded in the Real Property Records of Williamson County or otherwise furnishes its address in writing to the Association. 4.12. Notice of Ownership. Attached hereto as Exhibit “C” and incorporated herein by reference is the form of Notice of Ownership which must be filed with the Association upon any transfer or conveyance of any portion of the Property. The Association shall be entitled to rely on the correctness of any Notices of Ownership filed with it, and such notice may be used for all assessment notices and any other notices to be given by the Association. The failure of an Owner to provide the Association with an updated and current Notice of Ownership shall be considered a default of this Amended Declaration and a waiver by said Owner of receiving any assessment notices and any other notices to be given by the Association. If the filed Notice of Ownership is not accurate and the Association undertakes the task of obtaining accurate information, the Association's costs in obtaining the correct information shall be considered an additional assessment and lien against the respective Lot. 4.13. Certificate of Compliance. Upon payment of a reasonable fee and upon written request of any Owner or Occupant or prospective Owner or Occupant of a portion of the Property, the Association shall issue an acknowledged certificate in recordable form setting forth the amounts of any unpaid assessments, if any, and setting forth generally whether or not said Owner or Occupant is in violation of any of the items and conditions of this Declaration. Said written statement shall be conclusive upon the Association in favor of the persons who rely thereon in good faith. Such statement shall be furnished by the Association within a reasonable time but not to exceed 30 business days from the receipt of a written request for such written statement, accompanied by the required fee, mailed to the-registered agent or registered office of the Association, with the Association's registered agent or registered office being listed with the appropriate office of the State of Texas having jurisdiction over the formation of the Association. In the event the Association fails to furnish such statement within said 30 business days, it shall be conclusively presumed that there are no unpaid assessments relating to the portion of the Property as to which the request was made and that the portion of the Property is in conformance with all of the terms and conditions of this Declaration. ARTICLE V ARCHITECHTURAL CONTROL 5.01. Architechtural Control. No building, fence, wall, structure, or other Improvement shall be commenced, erected, or maintained upon the Property, nor shall any exterior addition to or change or alteration therein be made until the Plans showing the nature, kind shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors, or by the Committee. In the event said Board of Directors, or its designated Committee, fails to approve or disapprove such design and location within 30 days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. 5.02. The Committee. The Committee shall be composed of three (3) or more representatives appointed by the Board of Directors. The Committee will select its own chairperson and may adopt its own rules of order. The chairperson or any member of the architectural control committee may call a meeting of the Committee with not less than 24 hours prior written notice thereof to each Committee member. A quorum of the Committee shall consist of a majority of its members. A majority of members voting may act at a meeting which a quorum is present. The Committee may engage and seek advice from professional persons including, without limitation, attorneys, architects, engineers, surveyors, landscape architects, and land planners in connection with the review of Plans. The fees of such professional persons may be charged to and paid by Owner or Occupant who has submitted the Plans as a condition of approval. Other organizational and operational matters shall be determined by the Committee. 5.03. Submission of Plans. Before commencing the construction or alteration of all initial or any subsequent buildings, enclosures, fences, loading docks, parking facilities, storage yards, signs, storage tanks, landscaping, structures, or any other Improvements which create, impact, or affect the exterior or physical appearance of the Improvements or the Lot, or any part thereof, the Owner or applicable Occupant of every such Lot or part thereof shall first submit to the Committee the Plans for all of the foregoing (as well as all the data, drawings, and information specifically required by this Section) all in duplicate. The Plans must be drawn to scale and submitted in a manner and form such that the Committee can adequately review the physical appearance of the proposed structures and Improvements. One copy of the Plans shall become the sole property of the Committee. No Improvement (which creates, impacts, or affects the exterior or physical appearance of any Improvements or Lot, or part thereof) shall be constructed, erected, placed, or materially altered on any Lot or part thereof unless the Plans have been submitted to and approved in writing by the Committee. The Plans shall include but not be limited to the following: (a) A topographical plat showing contour grades (with 2-foot contour intervals) and showing the location of all proposed Improvements including structures, walks, patios, driveways, fences, and walls. Existing and finished grades shall be shown at lot corners and at corners of proposed Improvements. Lot drainage provisions shall be included as well as cut and fill details if any appreciable change in the lot contours is contemplated. (b) Exterior elevations of all proposed buildings and structures. (c) Exterior materials, colors, textures, and shapes which, if required by the Committee, shall also be identified by manufacturer's name, product name, and identifying number where appropriate. (d) Walkways, fences, walls, and elevation changes. (e) Parking areas and driveways. (f) Screening, including site, location, and method. (q) Exterior illumination including location, and if required by the Committee, the manufacturer's fixture number and supporting illumination test data. (h) Signs, flags, and other horizontal or vertical advertising or identification not necessary for structural purposes including size, height, shape, color, location, and materials. (i) Trash container storage locations and related screening. (j) Ingress and egress design and plan. (k) Curbing including curb cuts and gutters. (1) Storm water retention facilities. (m) Proposed use of Lot and such matters as may be required by the Applicable Authorities. 5.04. Basis of Approval. Approval of the Plans shall be based on general adequacy of site dimensions, structural design, conformity, and harmony of the exterior design, location with neighboring structures and sites, relation of finished grades and elevations to neighboring sites, compatibility with premier, first class residential developments in the area, and conformity to both the specific and general restrictions and covenants set forth herein. The Committee shall have the right to disapprove any submitted Plans of any Lot if such Plans are not in conformity with the provisions of this Amended Declaration or the Applicable Authorities, or if the Committee, in its sole discretion (which shall be exercised in a reasonable manner), determines that such Plans are not in the best interest of the contemplated development of the Property as a premier, first class residential development as described by this Amended Declaration and as may exist in the geographical area of the Property. 5.05. Procedure for Review. One complete set of the Approved Plans will be retained by the Committee and, if approved, the other complete set of the Approved Plans shall be marked “Approved”, signed by the chairman on behalf of the Committee, and returned to the party submitting the Plans. If disapproved by the Committee, one set of Plans shall be returned marked “Disapproved” and shall be accompanied by a reasonable statement of the reasons for disapproval. Any material modifications of the Plans must again be submitted to the Committee for review and subsequent approval or disapproval of the modifications. The Committee's approval or disapproval, as required herein, shall be in writing. In no event shall the Committee give verbal approval of any Plans. Prior to or upon completion of the Improvements, a final set of the Plans used to complete the Improvements shall also be submitted to the Committee, and any substantial and material differences between the final Plans and the Approved Plans shall be subject to the Committee's approval process as set forth in this Article. 5.06. Reconstruction. Nothing contained in this Amended Declaration shall prohibit the reconstruction of Improvements on Lots in the event the existing Improvements are destroyed by fire or other such hazard; provided, however, that the covenants and conditions contained herein shall continue to apply to the Lot. Any repair or reconstruction of Improvements shall be performed in accordance with the Plans for the Lot. Additional Plans and approvals shall be required only when the repair or reconstruction materially differs from the Plans. In the event any Improvements are partially destroyed or damaged, the Owner or applicable Occupant of the Lot on which such damage or destruction occurs shall repair (including any applicable rebuilding) such Improvements within six months thereafter, subject in all events to the terms and conditions of this Amended Declaration; provided, however, that if any such Improvements are totally damaged or destroyed and the Owner or Occupant does not desire to so repair and rebuild such Improvements, then such damaged or destroyed Improvements shall be completely razed, dismantled, and removed completely from the Lot, and the Lot shall be completely cleared of any and all debris and the Lot shall then be landscaped by the Owner pursuant to the Plans. The dismantling and removal of the destroyed Improvements shall begin within 120 days after the damage occurred and be completed no later than 180 days after the damage occurred. For purposes of this Amended Declaration, total damage or destruction shall mean that the Improvement is damaged or destroyed to such an extent that the Owner in the reasonable exercise of his or her judgment can no longer use or occupy such Improvement for its intended purpose. If, in the opinion of the Committee or the Association, any such Owner or Occupant has failed in any of the foregoing duties or responsibilities of this Section, then the Committee or the Association may give such person written notice of such failure and such person must, within 30 days after receiving such notice, perform the repairs required or remove such Improvements. Should any such person fail to fulfill this duty and responsibility within such period, then the Association, through its authorized agent or agents, shall have the right and power to enter onto the premises and perform such repairs or remove such Improvements without any liability for damages for wrongful entry, trespass, or otherwise to any person and without any liability for damages allegedly caused to the Property, or any Improvements thereon. The Owners and Occupants of any part of the Lot on which such work is performed shall be liable for the cost of such work and shall promptly reimburse the Association for such cost. If such Owner or Occupant shall fail to reimburse the Association within 30 days after receipt of a statement for such work from the Association, then said indebtedness shall be a debt of all of said persons, and shall constitute a lien against that portion of the Property on which said work has performed. Any such lien created by this Section shall be subordinate only to any Mortgages existing on the Property at the time the work is performed. 5.07. Limitation of Liability. (a) Declarant, the Board of Directors, any director on Board of Directors, the Committee, any member of the Committee, the Association, and their successor and assigns, shall not be liable to anyone submitting Plans hereunder for approval, or to any Owner or Occupant of land affected by this Amended Declaration, by reason of a mistake in judgment, negligence, variance, inconsistency, or non-feasance arising out of or in connection with the approval or disapproval or failure to approve any such Plans. In the event Declarant, the Board of Directors, any director on the Board of Directors, the Committee, any member of the Committee, the Association, or their successors or assigns, is named as a party in any actual or threatened legal action on account of any action or inaction taken in good faith by the Board of Directors, any director on the Board of Directors, the Committee, any member of the Committee, the Association, or their successors or assigns, then the Association shall pay such party's reasonable attorney's fees and costs and all damages incurred as a result of any such action. (b) The Committee's or Board of Director's approval of any Plans, specifications, site, or landscape plans or elevations or any other approvals or consents given or requirements imposed or suggested in connection therewith by the Committee or Board of Directors pursuant hereto or otherwise shall not be deemed a warranty, representation, or covenant as to the adequacy or accuracy of the design or structure of such buildings, landscaping, or other Improvements, or that other action taken pursuant thereto or in reliance thereon complies with, or is not in violation of, any applicable laws, rules, or regulations, and by taking title to or leasing any part of the Property, the Owner, and/or Occupant, for themselves and their heirs, successors, and assigns, do hereby expressly release and relieve Declarant, the Board of Directors, any director on the Board of Directors, the Committee, any member of the Committee, the Association, or their successors or assigns, of any and all liability in connection therewith. 5.08. Easements and Common Area Dedications. As a prerequisite of approval of Plans, the Committee shall have the power to require the Owner who has submitted Plans to grant any reasonable utility and drainage easements as may be required for the Property for the enjoyment and benefit of the Owners. Where possible, the Committee shall attempt to locate any such required easements along the perimeter of the Lot, within existing or proposed rights-of-way, within other existing or proposed easements, or in such a manner as to not materially impair the proposed use of the Lot. 5.09. Time Limitation. All approvals issued by the Committee as provided for in this Article shall be effective for a period of one year from the date approval is given. In the event construction of the work called for by the Plans has not substantially commenced within said one year period then such approval shall be deemed expired and no construction shall thereafter commence unless a written renewal is granted by the Committee. ARTICLE VI DEVELOPMENT STANDARDS AND PROTECTIVE COVENANTS 6.01. Residence, Buildings, and Gargages. Subject to the terms and conditions hereof, no building or other structure shall be built, placed, constructed, reconstructed, or altered on any Lot other than a single-family residence with appurtenances, and no structure shall be occupied or used until the exterior construction thereof is completed. 6.02. Single-Family Residential Use. Each Lot (including land and Improvements) shall be used and occupied for single-family residential purposes only. No Owner or other Occupant shall use or occupy his or her Lot, or permit the same or any part thereof to be used or occupied, for any purpose other than as a private single-family residence for the Owner or his or her tenant and their families. As used herein the term “single-family residential purposes” shall be deemed to prohibit specifically, but without limitation, the use of Lots for duplex apartments, garage apartments, or other apartment use. No Lot shall be used or occupied for any business, commercial, trade, or professional purpose either apart from or in connection with the use thereof as a private residence, whether for profit or not. This Section shall not prohibit the housing in the principal dwelling structure of full time servants employed by the Owner or Occupant of the Lot. No rooms in the principal dwelling structure and no space in any other structure on any Lot shall be let or rented; provided, that this shall not preclude the principal dwelling structure from being leased or rented in its entirety as a single residence to one family or person. 6.03. Compliance with Approved Development Plan. No building, structure, or other Improvement shall be constructed, erected, or placed upon any Lot, or occupied or used on any Lot, unless it is in accordance with the recorded plat. A Lot may not be resubdivided without the express written approval of the Board of Directors and must be in full compliance with all state and local laws. All requirements hereunder, including but not limited to all requirements regarding fences under Section 6.16 hereof and all requirements regarding landscaping under Section 6.20 hereof, shall be completed and/or satisfied prior to occupancy or use of any building, structure, or other Improvement on any Lot. 6.04. Temporary and Other Structures. Portable buildings used for accessory or storage purposes may be permitted if they do not exceed 120 square feet of floor space and eight feet in height and are in harmony with the other structures on the Lot. Such storage buildings shall be included in the Plans for the Lot and shall be submitted to the Committee for approval. No other structure of a temporary character, no trailer, mobile, modular, or prefabricated home, no tent, shack, barn, or any other structure or building, other than the residence to be built thereon, shall be placed on any Lot, either temporarily or permanently, and no residence, garage, or other structure appurtenant thereto shall be moved upon a Lot from another location; except, however, that Declarant reserves the exclusive right to erect, place, and maintain, and to permit builders to erect, place, and maintain, such facilities in and upon the Property as its sole discretion may be necessary or convenient during the period of and in connection with the sale of Lots, construction and selling of residences, and constructing other Improvements on the Property. Such facilities may include, but shall not necessarily be limited to, temporary office buildings, storage areas, signs, portable toilet facilities, and sales offices. Declarant and builders shall also have the temporary right to use a residence situated on a Lot as a temporary office or model home during the period of and in connection with construction and sales operations on the Property, but in no event shall a builder have such right for a period in excess of one year from the date of substantial completion of his last residence on the Property. 6.05. Time for Construction. All exterior construction of the primary dwelling structure, garage, porches, and any other appurtenances or appendages of every kind and character on any Lot and all interior construction shall be completed not later than one year following the commencement of construction. For the purpose hereof, the term “commencement of construction” shall be deemed to mean the date on which the foundation forms are set. 6.06. Location of Improvements. No buildings or other Improvements shall be located on any Lot nearer to the front Lot line than 25 feet on residential streets and on cul-de-sacs. The front of a primary dwelling structure shall face the front of a similar structure across the street whenever feasible. It shall be the responsibility of the Committee to resolve any conflicts arising from this requirement and to make the final determination with regard to the orientation of the front facing of Improvements upon any Lot. No building shall be located on any Lot nearer than 10 feet to any side Lot line adjacent to a street. Unless the building is to be located on more than one Lot, no building shall be located nearer than five feet to an interior Lot line, (side and rear). For the purposes of this covenant or restriction, eaves, steps, and unroofed terraces shall not be considered as part of a building; provided, however, that this shall not be constructed to permit any portion of the construction on a Lot to encroach upon another Lot. Rear or side driveway access shall not be permitted. Notwithstanding the general guidelines herein set forth as to location of Improvements upon the Lot, it is the intention of Declarant to establish the importance of locating the Improvements with respect to preserving existing natural trees, vegetation, and topography to the greatest extent possible and practical. The Committee shall be specifically empowered to require or to grant variances with respect to these guidelines in accord with the review procedures set forth herein, so long as the resulting location of the Improvements will not encroach upon any other Lot, utility easement, or public right-of-way or result in any building being located closer than 10 feet from the primary dwelling structure on another Lot. 6.07. Composite Building Lot. Any owner of one or more adjoining Lots may consolidate such Lots into one single-family residence building site, with the privilege of placing or constructing Improvements on such Lots by obtaining the prior written approval of the Committee. In cases of such consolidation of Lots, setback lines shall be measured from the two side Lot lines existing after consolidation, rather than from the Lot lines shown on the recorded plat. The Owner may not thereafter resubdivide the consolidated Lots without the prior written approval of the Committee. 6.08. Removal of Trees. It shall be the responsibility of the Owner and/or builder of the Improvements on any Lot to take all reasonable measures to locate the Improvements and conduct the construction of the Improvements and landscaping of the Lot in such a way as to minimize damage to existing trees. No trees of any size or character shall be cut or removed except to provide room for construction of Improvements or to remove dead, diseased, or damaged trees and then only following the obtaining of writtn approval for such cutting from the Committee, given in its sole discretion. 6.09. Sidewalks. Before any principal dwelling structure is completed or occupied, the Owner shall construct, or cause to be constructed, a concrete sidewalk in the public street right-of-way four feet in width and with its edge closest to the street being parallel to and approximately five feet toward the front Lot line from the street curb. Sidewalks shall be extended from Lot line to Lot line from the street curb and shall follow the pattern of the incoming sidewalks (as proposed or built) on adjacent Lots. Placement of sidewalks in public rights-of-way around the terminus of cul-de-sac streets shall follow the pattern of the incoming sidewalk (as proposed or built) on adjacent Lots and shall be placed four feet from the curb line. The intent of this guide is to insure a continuous walk around the terminus. Owners of Lot cornets shall install such a sidewalk parallel to the front Lot line and the side street Lot line. If not otherwise provided, the Owners of corner Lots shall extend sidewalks parallel to the front Lot line and side Lot line into the street to a terminus at the street curb in accordance with all regulations of Applicable Authorities respecting construction and/or specifications, if any, It shall be the responsibility of the Owner to assess the effect of the above requirements with respect to possible removal of or damage to existing trees by construction of said sidewalks and to comply with the preceding section. The public utility easements provided along front and side Lot lines may be used for construction of the sidewalks, provided that the resulting proposed layout receives the prior approval of the Committee and any utility companies furnishing utility service through the easement. Each Owner shall be responsible for the maintenance and repair of the sidewalk adjacent to his Lot after construction. 6.10. Other Building Requirements and Restrictions. The committee may, in conjunction with its review of the Plans, apply other building requirements and restrictions, which the Committee, in its sole discretion, deems relevant to its purposes. The Committee may, but it is not required to do so, promulgate and make available to Owners an outline of applicable building standards which shall constitute guidelines only and shall not be binding upon the Committee. 6.11. New Materials. Only new materials shall be utilized in constructing any structures situated upon a Lot, unless approved by the Committee pursuant to Article V hereof. 6.12. No Window Units. No window or wall type air conditioner which is visible from any street shall be permitted to be used, placed, or maintained on or in any part of the Property. 6.13. Minimum Floor Area. The air-conditioned portion of the principal structure erected on any Lot shall have a floor area of not less than 1200 square feet for one story dwellings and 700 square feet for the ground floor for two story dwellings, such area to be exclusive of all porches, carports, garages, and other rooms which are not air-conditioned with the main living quarters. 6.14. Roofing Materials. The only types of roofs which shall be permitted are asphalt of composition shingles or wooden shake shingles of a weight equal to 215 pounds or more per square foot. White shingles are prohibited. Any other type of roof must be approved by the Committee pursuant to Article V hereof. 6.15. Design. No structure may exceed two stories in height or 30 feet or may have a garage which is intended to shelter less than one or more than three cars. Detached garages or servant's quarters shall be permitted only if the Lot area exceeds 5,500 square feet. No garage shall be permitted to be enclosed for living or used for purposes other than storage of automobiles and related normal uses. Garages, tool sheds, and all other outbuildings are to be given the same architectural treatment and be constructed of the same materials as the main structure. Open carports are prohibited. 6.16. Fences. Fences must be of ornamental metal, wood, or masonry construction. No chain link or white mesh fences shall be permitted. Any swimming pool or other attractive nuisance shall be adequately fenced by a fence at least four feet in height and a gate suitable to preventing access by children. No wall, fence, or hedge greater than three feet in height shall be erected or maintained nearer to the front property line of any Lot than the building setback lines on such Lot. The Owner of any corner lot shall construct and maintain a six foot high fence or wall of wood or masonry construction along the side and rear property lines, and between the side property lines and the dwelling built thereon. No wall, fence, or hedge shall be more than six feet in height. Any wall, fence, or hedge erected on a Lot by Declarant or its assigns shall be conveyed with title to the Lot and thereafter the Owner of the Lot shall be responsible for its maintenance or repair. Declarant reserves the right to erect, at its sole cost and expense, and whenever Declarant in its sole discretion shall deem appropriate, a six foot wooden fence along any portion of, or along all of either or both sides of Vista Hills Blvd. 6.17. Towers and Antennae. No antenna or other device for the transmission or reception of television signals, radio signals, or any other form of electromagnetic radiation which is visible from the exterior of the residence shall be erected, used, or maintained on any Lot except for antennae for receiving normal television signals. Such television antennae shall be located to the rear of the roof ridge line, gable line, or center line of the principal dwelling structure if attached to such structure and shall be located to the rear of the rear wall of the principal dwelling structure if it is a freestanding antenna. No television antenna shall be permitted to extend above the roof of the primary dwelling structure so as to be visible from any street adjoining said Lot. In the event the audio-video communication services are made available to any Lot by a coaxial cable system, no television antenna may be erected thereon and any existing exterior television antennae shall be removed, except as specifically allowed in writing by the Committee. A satellite dish shall be deemed “a device for, the reception of television signals, radio signals or any other form of electromagnetic radiation” and not an “antennae for receiving normal television signals” for the purposes of this Section. A satellite dish shall, be permitted in side and rear yards if the yards are fenced and they are not visible from any adjacent street or Lot. 6.18. Wires and Lines. No lines, wires, or devices for the communication or transmission of electric current, cable television, or telephone shall be erected, placed, and maintained upon any Lot unless the same shall be contained in conduit or cable installed and maintained underground or concealed in, under, or on buildings; provided, however, that this Section shall not forbid the erection or use of temporary power or telephone lines incidental to the construction of buildings upon a Lot. 6.19. Visual Obstructions. No object shall bc placed, planted, or permitted on any corner lot or the street rights-of-way adjoining any such lot, within a triangular area, the apex of which is formed by the intersection of the streets running in front and at the side of'such lot and the base of which is formed by a line running between such front and side street curb lines and intersecting such front and side street curb lines, respectively, at a point 35 feet from the apex, if such object obstructs eight lines at elevations between two feet and 10 feet above the surface of the street. 6.20. Landscaping Requirements. All front yards must be sodded with St. Augustine or Bermuda sod and contain at least two trees. One tree must be at least one and one-half inches in diameter and measure four feet above the ground level. The other tree must either comply with the specifications set forth in the foregoing sentence or be a minimum of eight feet tall. All areas between fence and curb on corner lots must be sodded as aforesaid. 6.21. Masonry Requirements. All residences shall have the front and side elevations made of stone or masonry construction at least up to the top plate of the first floor. 6.22. Commercial Vehicle. The use of any carport, driveway, private or public street, or parking area that may be in front of, adjacent to, or part of any Lot as a habitual parking place for trucks, trailers, mobile homes, recreational vehicles, boats, or commercial vehicles is prohibited. Commercial vehicles may be parked in these areas for up to seven days. Commercial vehicles shall include all automobiles, trucks, and vehicular equipment, as well as station wagons, which shall bear signs or shall have printed on the sides of same reference to any commercial undertaking or enterprise. 6.23. Exterior Lighting. No exterior light shall be installed or maintained on any Lot which light is found to be objectionable by the Committee or the Association. Upon being given written notice by the Committee or the Association that any exterior light is objectionable, the Owner of the Lot on which same, is located will immediately remove said light or have it shielded in such a way that It is no longer objectionable. 6.24. Garbage Disposal. Each dwelling shall contain a water flushing garbage grinder disposal. 6.25. Exterior Alterations. No exterior alterations of any existing building may be permitted without the prior written approval of the Committee. No additional windows, platforms, etc., which may invade the privacy of adjacent dwellings are permitted. 6.26. Insurance Rates. Nothing shall be done or kept on the Property which would increase the rate of insurance or cause the cancellation of insurance on any Lot or any of the Improvements located thereon without the prior written approval of the Board of Directors. 6.27. Noise. No exterior speakers, horns, whistles, bells, or other sound devices (other than security devices used exclusively for security purposes) shall be located, used, or placed on any Lot. No noise or other nuisance shall be permitted to exist or operate upon any portion of the Lot so as to be offensive or detrimental to any other portion of the Property or to its Occupants. Interior intercom systems shall be permitted one exterior speaker at the front and rear of the structure. 6.28. Nuisance. No noxious or offensive activity shall be carried on or permitted upon any Lot or upon the Common Area, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood or to other Owners. No trucks larger than one ton, motor vehicles not currently licensed, boats, trailers, campers, motor or mobile homes, or other vehicles shall be permitted to be parked on any Lot (except in a closed garage) or on any street (except passenger cars and trucks smaller than one ton may be parked on the street in front of the Lot for a period not to exceed 12 hours in any 24 hour period). No repair work on or dismantling or assembling of motor vehicles or other machinery or equipment shall be done or permitted on any street, driveway, or on any portion of the Common Areas. The use or discharge of firearms, firecrackers, or other fireworks on the Property is prohibited. No motor bikes, motorcycles, motor scooters, “Go-carts”, or other vehicles shall be permitted to be operated on the Property; if such operation, by reason of noise or fumes emitted, or by reason of manner of use, shall constitute a nuisance. 6.29. Signs. Except for signs, billboards, or other advertising devices displayed by Declarant, for so long as Declarant, or any successors or assigns of Declarant, shall own any portion of the Property, no sign of any kind shall be displayed to the public view on any Lot or the Common Area, except: (a) builders may display one sign of not more than six square feet on a Lot to advertise the Lot and any residential structure situated thereon for sale during the sales and/or construction period; (b) any Owner may display one sign of not more than four square feet on a Lot improved with a residential structure to advertise the Lot and residence for sale or rent; (c) signs required for legal proceedings; and (d) permanent entrance signs for Vista Oaks to be designed, located, and erected by Declarant, in Declaratit's sole judgment. 6.30. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot or on any portion of the Common Area, except that dogs, cats, or other common household pets (not to exceed three adult animals) may be kept if not bred or kept for commercial purposes. Any such permitted household pets shall: (a) be restrained from entering any Lot other than the Owner's; (b) enter any street or sidewalk only when controlled on a leash; (c) not be bred or kept for commercial purposes; and (d) not be allowed to create an annoyance of any kind (such as noise, odor, or physical harm) to other Owners. Declarant or Applicable Authorities having jurisdiction or an interest and any Owner affected by a violation of this Section shall have the right to enforce this Section. 6.31. Removal of Dirt. The digging of dirt or the removal of any dirt from any Lot, and the alteration of the grade of any Lot, is prohibited, except as necessary in conjunction with landscaping or construction of Improvements thereon. 6.32. Garbage and Refuse Storage and Disposal; Hazardous Materials. All Lots and the Common Area shall at all times be kept in a healthful, sanitary, and attractive condition. No Lot or any part of the Property shall be used or maintained as a dumping ground for garbage, trash, junk, or other waste matter. All trash, garbage, or waste matter shall be kept in adequate containers constructed of metal, plastic, or masonry materials, with tightly-fitting lids, which shall be maintained in a clean and sanitary condition and screened from public view. No garbage, trash, debris, or other waste matter or any kind shall be burned on any Lot. The placement, holding, locating, disposal, manufacture, storage, or dumping of any Hazardous Materials is prohibited. 6.33. Access. No driveways or roadways may be constructed on any Lot to provide access to any adjoining Lot unless the express written consent of the Committee first shall have been obtained. 6.34. Utilities. Each residence situated on a Lot shall be connected to utility lines as soon as practicable after same are available at the Lot line. 6. 35. Oil and Mining Operations. No oil drilling or development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon any Lot. The preceding prohibition shall not prohibit bona fide archeological investigations with the prior written permission of the Committee. Such bona fide archeological investigations shall provide an adequate plan for restoration of the excavated area. 6.36. Lot Maintenance. The Owners or occupants of all Lots shall at all times keep all weeds and grass thereon cut in a sanitary, healthful, and attractive manner and shall in no event use any Lot for storage of materials and equipment, except for normal residential requirements or incident to construction of Improvements thereon as herein permitted, or permitted, or permit the accumulation of garbage, trash, or rubbish of any kind thereon and shall not burn anything (except by use of an incinerator and then only during such hours as permitted by law). The drying of clothes in full public view is prohibited and the Owners or Occupants of any Lots where the rear yard or portion of the Lot is visible to full public view shall construct and maintain a suitable enclosure to screen the following from public view: the drying of clothes; yard equipment; refuse containers; wood piles; or storage piles which are Incident to the normal residential requirements of a typical family. No Lot shall be used for open storage of any materials whatsoever which storage is visible from the street, except that new building materials used in the construction of Improvements erected on any Lot may be placed upon such Lot at the time construction is commenced and may be maintained thereon for a reasonable time, so long as the construction proceeds without reasonable delay, until completion of the Improvements, after which these materials shall either be removed from the Lot or stored in a suitable enclosure on the Lot. In the event of default on the part of the Owner or Occupant of any Lot in observing the above requirements, or any of them, such default continuing after 10 days' written notice thereof, Declarant, and its successors and assigns, or the Association may, at their option, without liability to the Owner or Occupant in trespass or otherwise, enter upon said Lot and cause to be cut such weeds and grass and remove or cause to be removed such garbage, trash, or rubbish or do any other thing necessary to secure compliance with this Amended Declaration in order to place -said Lot in a neat, attractive, healthful, and sanitary condition, and may charge the Owner or Occupant of such Lot for the cost of such work. The Owner or Occupant, as the case may be, agrees by the purchase or occupancy of such Lot to pay such statement immediately upon tender thereof. To secure the payment of such charges, a vendor's lien is herein reserved against the Lots in favor of Declarant and the Association, whether specifically mentioned in each deed or not, said lien to be inferior to any Mortgage. 6.37. Declarant’s Exemption. Nothing contained in this Amended Declaration shall be construed to prevent the erection or maintenance by Declarant of any structures or other Improvements necessary or convenient to the development, sale, operation, or other disposition of the Property. 6.38. Construction Activities. Notwithstanding any provision herein to the contrary, this Amended Declaration shall not be construed so as to unreasonably interfere with or prevent normal construction activities during the construction of Improvements by an Owner (including Declarant) upon any Lot within the property. Specifically, no such construction activities shall be deemed to constitute a nuisance or a violation of this Amended Declaration by reason of noise, dust, presence of vehicles or construction machinery, posting of signs, or similar activities, provided that such construction is pursued to completion with reasonable diligence and conforms to usual construction practices in the area. In the event of any dispute regarding such matters, a temporary waiver of the applicable provision may be granted by the Committee, provided that such waiver shall be only for the reasonable period of such construction. 6.39. Compliance with Provisions of Amended Declaration. Each Owner shall comply strictly with the provisions of this Amended Declaration as the same may be amended from time to time. Failure to comply with any of the Amended Declaration's provisions shall constitute a violation of this Amended Declaration and shall give rise to a cause of action to recover sums due for damages or injunctive relief or both, maintainable by the Board of Directors on behalf of the Association or by an aggrieved Owner. 6.40. No Warranty of Enforceabiltiy. While Declarant has no reason to believe that any of the Sections or other terms and provisions contained in this Article or elsewhere in this Amended Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant makes no warranty or representation as of the present or future validity or enforceability of any such Sections, terms, or provisions. Any Owner acquiring a Lot in reliance on one or more of such Sections, terms, or provisions shall assume all risks of the validity and enforceability thereof and, by acquiring the Lot, agrees to hold Declarant harmless therefrom. ARTICLE VII ENFORCEMENT OF AMENDED DECLARATION AND COVENANTS 7.01. Reciprocal Rights; Covenants Run with Land. Except as otherwise provided for herein, all restrictions, conditions, covenants, and agreements contained herein are made for: (a) the direct, mutual, and reciprocal benefit of each and every Lot or part thereof in favor of every other Lot or part thereof; (b) shall create reciprocal rights and obligations between the respective Owners of all Lots and privity of contract and estate between all Owners of all Lots or parts thereof, their heirs, successors, and assigns; and (c) shall, as to the Owner of each Lot, his or her heirs, successors, and assigns, operate as covenants running with the land, for the benefit of all other Lots or parts thereof. 7.02. Attorney’s Fees. In any legal or equitable proceeding for the enforcement of or to remedy the violation of these covenants or any provision hereof, the losing party or parties shall pay the reasonable attorney's fees and costs of the prevailing party or parties in such amount an may be fixed by the court in such proceeding. Such fees, upon appropriate do keting of a judgment to such effect, shall become a lion against the Lot (if any) of the losing party. All remedies provided herein and/or otherwise available, at law or in equity, shall be cumulative and not exclusive. 7.03. Inspection. Declarant, the Committee, and any authorized agents of the Association may, from time to time at any reasonable hour or hours and upon prior reasonable notice to the owner, enter upon and inspect any Lot or Common Area to ascertain compliance therewith, without any liability for damages for wrongful entry, trespass, or otherwise to any such person inspecting and without any liability for damages allegedly caused. 7.04. By Whom Enforceable. Subject to the limitations set forth herein, these Amended Declaration may be enforced by Declarant, by the Committee, by any Owner, and by the Association, but none of them shall have any obligation to do so nor be liable to anyone in the event of their failure to do so. 7.05. Specific Enforcement. All provisions of this Amended Declaration may be specifically enforced by any court of competent jurisdiction upon petition by any party entitled to enforce them as herein provided. 7.06. Failure to Enforce Not a Waiver of Rights. The failure of Declarant, the Committee, any Owner, or the Association to enforce any of the provisions of this Amended Declaration herein contained shall in no event be deemed to be a waiver of the right to do so thereafter nor of the right to enforce any other provision of this Amended Declaration. 7.07. Right to Correct. In the event the Owner of any Lot or part thereof fails to remedy any default, deficiency, or violation of this Amended Declaration (including, but not limited to, the construction or installation of Improvements not within the Approved Plans, improper uses, noncomplying uses, or failures to maintain) within 30 days after the mailing of written notice thereof by the Committee or the Association to the Owner, then the Association (and not any Owner, Occupant, or any other person or entity) shall, in addition to all other remedies provided for herein, have the right, privilege, and license to cure such default, deficiency, or violation and perform any and all reasonable correction including, without limitation, the performance of any required maintenance and destruction and removal of any Improvements constructed without approval of the Committee as provided in Article V hereof. In pursuing the correction remedies granted by this Section, the Association, through its authorized agent or agents, shall have the right and power to enter onto the premises and perform any such correction action without any liability for damages for wrongful entry, trespass, or otherwise to any person and without any liability for damages allegedly caused. The Owners and Occupants of any part of the Property on which such work is performed shall be liable for the cost of such acts including reasonable attorney's fees and shall promptly reimburse the Association for such costs. If such Owner or Occupant shall fail to reimburse the Association within 30 days after receipt of a statement for such acts from the Association, then said indebtedness shall be a debt of all of said persons and shall constitute a lien against the Lot on which said acts were performed. Any such lien created pursuant to this Section shall bear penalty and interest from the date of delinquency at the rate then imposed by Williamson County for delinquent real estate taxes. Any such liens may also be enforced by the Association pursuing any of the remedies outlined in this Section. Any such lien created by this Section shall be subordinate only to real estate taxes and to any Mortgages existing on the Property at the time such acts are performed. ARTICLE VIII COMPLIANCE WITH ROUND ROCK ORDINANCES 8.01. Landscaping Provisions. The Property shall be developed and maintained in a manner which meets or exceeds the standards for landscaping set out in Round Rock, Texas' Landscape Ordinance, as codified in Chapter 3, Section 10, Code of Ordinances, City of Round Rock, as amended from time to time. 8.02. Stormwater Drainage Provision. The Property shall be developed and maintained in a manner which meets or exceeds the standards set out in Round Rock, Texas' Stormwater Drainage Policy, as codified in Chapter 3, Section 11, and Chapter 8, Code of Ordinances, City of Round Rock, as amended from time to time. 8.03. Construction Provisions. Construction on the Property shall be in compliance with Round Rock's Building Code, including but not limited to, any provisions thereof relating to construction in floodplains, Round Rock's Plumbing Code and Round Rock's Electrical Code, as the same may be amended from time to time. Inspection and approval of all construction by the City Building Inspection Department for compliance with subsection (c) of the Building Code shall be required. 8.04. Subdivision Approval. The subdivision of the Property shall require approval of subdivision plats by the Round Rock Planning Commission as provided by Art. 974a V.T.C.S., as amended, and Chapter 8 of the Code of Ordinances, City of Round Rock, as amended from time to time. 8.05. Lot Plan Approval. Any use of any portion of the Property for a use or uses other than single-family residential, duplex residential, or commercial, shall require site plan approval of such use(s) by the Round Rock Development Review Board in accordance with the site plan review procedures and the development standards prescribed by Chapter 11, Code of Ordinances, Round Rock. Such portion of the Property requiring site plan approval shall be developed and maintained in a manner consistent with the approved site plan. 8.06. Payment of City Fees. Any Round Rock reviews, permits, approvals, or inspections required by these covenants and restrictions or necessary to evidence compliance herewith shall require the payment to Round Rock of the standard fees for performing the same. 8.07. Billboards and Signs. The erection, placement, size, and maintenance of billboards and signs shall be in strict compliance with Chapter 4, Section 6, Code of Ordinances, City of Round Rock. ARTICLE IX GENERAL PROVISIONS 9.01. Enforcement. The Association or any Owner shall have the right to enforce, by an proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by 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. 9.02. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. 9.03. Amendment. The covenants and restrictions of this Amended Declaration shall run with, and bind the land, for a term of 20 years from the date this Amended Declaration is recorded, after which time they shall be automatically extended for successive periods of 10 years. This Amended Declaration may be amended by an instrument signed by not less than two-thirds (2/3) of the Owners at any time. Any amendment must be recorded. 9.04. Annexation. Additional land of Declarant and others, more fully described on Exhibit “D” attached hereto and incorporated herein by reference for all purposes, may be annexed by Declarant without the consent of the Members within 20 years of the Effective Date, provided, however, that the Federal Housing Association and the Veterans Administration determine that the annexation is in accord with the general plan heretofore approved by them. Other than the land of Declarant and others referenced in this Section, additional residential property and Common Area may be annexed to the Property with the consent of two-thirds (2/3) of each class of Members. 9.05. FHA/VA Approval. As long as there is a Class B membership and a valid approval letter regarding Vista Oaks has been issued by the Federal Housing Administration, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: Annexation of additional properties, mortgaging or dedication of Common Area, and amendment of this Amended Declaration. 9.06. Constructive Notice and Acceptance. Each Owner, Mortgagee, and every person, corporation, partnership, or organization, who or which now or hereafter owns or acquires any right, title, or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every covenant, condition, and restriction contained herein, whether or not any reference to this Amended Declaration is contained in the instrument by which such person, corporation, partnership, or organization acquired such right, title, or interest. The provisions of this Section will not apply to any Mortgagee of an Owner until such time as it becomes a Mortgagee in possession of the Lot of the Owner or becomes the Owner by foreclosure or otherwise of such Lot in which case it and its successors and assigns (including, but not limited to, the successful bidder at a foreclosure sale of a Lot) as Owner of such Lot will be so bound only as long as it is the Owner of such Lot. All Occupants who are not Owners are and shall be conclusively deemed to have notice of and to have agreed to and be bound by all terms and provisions of this Amended Declaration, and each Owner of a Lot will provide for all such Occupants to so agree to and to be so bound in arrangements, written or otherwise, with such Occupants. 9.07. Rezoning. No owner or any other person or entity may apply or join in an application to amend, vary, or modify the applicable zoning ordinances or rezone or apply for any zoning variance or waiver as to all or any portion of the Property without the prior written consent of Declarant where such amendment, variance, or modification will materially affect the development or uses of a Lot or Lots within the Property. Declarant may apply for such rezoning as to any portion of the Property owned by it at anytime. 9.08. Force Majeure. Declarant, the Committee, or the Association, as the case may be, shall be excused for the period of any delay and shall not be deemed in default with respect to the performance of any of the terms, covenants, and conditions of this Amended Declaration when prevented from so doing by cause or causes beyond its reasonable control, which shall include, without limitation, all labor strikes, riots, or warlike operations, invasions, rebellion, hostilities, military, or usurped power, sabotage, governmental regulations or controls, fire or other casualty, inability to obtain any material or services, weather, acts of God, or any other cause, whether similar or dissimilar to the foregoing, not within its or their reasonable control. 9.09. Paragraph Headings. Paragraph, Article, and Section headings, where used herein, are inserted for convenience of reference only, are not intended to be a part of this Amended Declaration or in any way to define, limit, or describe the scope and intent of the particular paragraphs to which they refer, and accordingly shall not be deemed or construed to affect the meaning of any provision hereof. 9.10. Written Notice. Whenever written notice is required or specified herein, such written notice shall be deemed given only when delivered in person or deposited in the United States mail, postage paid, and addressed to the address shown on the most recent Notice of Ownership filed with the Association. All such notices shall be sent certified mail, return receipt requested. Whenever actual receipt is specified or required herein, then such actual receipt shall be deemed obtained when notice is given in writing and delivered in person or otherwise actually received by the designated recipient, or three days after the certified mailing where such notice is sent to the Owner at the address shown on the most recent Notice of Ownership filed with the Association. 9.11. Exceptions and Waivers. Declarant reserves the right to grant exceptions to and waive any of the provisions contained in this Amended Declaration. Such exceptions and waivers shall be granted by Declarant only when, in its sole and absolute discretion, the exception or waiver is harmonious with the general intent or purpose of this Amended Declaration. Every exception and waiver granted by Declarant shall be made in writing in recordable form and may be recorded. The granting of any exception or waiver with respect to any Lot or part thereof shall not be deemed an amendment of this Amended Declaration except to the extent specifically set forth in such exception or waiver, shall not entitle any Owner or Occupant to similar rights or privileges and shall create no negative reciprocal easements in favor of any other party. 9.12. Other Covenants and Restrictions. Nothing contained in this Amended Declaration is to be construed as preventing or inhibiting Declarant or any Owner or Owners of any Lot from imposing further covenants or restrictions on his or its Lot or from providing for cross-easement agreements or an owner's association in connection with the development thereof; provided, however, that any additional covenants or restrictions recorded by any party other than Declarant may not be less restrictive than the terms and conditions of this Amended Declaration. Subsequent or further covenants and restrictions imposed upon any Lot or portion thereof may specifically provide that they are supplemental to this Amended Declaration in which event they shall be Supplemental Declarations and they shall be a part of this Amended Declaration but only as to the Lot or portion thereof against which such Supplemental Declarations are recorded, and in such event all terms, provisions, covenants, rights, and remedies set forth herein shall be a part of and incorporated by reference into such Supplemental Declarations. However, Supplemental Declarations recorded by Declarant may selectively designate which terms, provisions, covenants, rights, and remedies of this Amended Declaration are to be incorporated by reference. Such Supplemental Declarations may contain provisions limiting the ability of Owners and Occupants, but not of Declarant or the Association, from enforcing the provisions of Supplemental Declarations against Owners or Occupants of all or any portion of the Lot subjected to such Supplemental Declarations. The Owners and Occupants of Lots subjected to Supplemental Declarations may not enforce the provisions of such Supplemental Declarations against any Owner of Occupant hereunder or against Declarant or the Association, except to the extent any such Owner or Occupant or Declarant or the Association owns or occupies real property subject to such Supplemental Declarations or has consented to be bound by the terms of such Supplemental Declarations. 9.13. Cumulative Remedies. The various rights, options, elections, powers, and remedies contained in this Amended Declaration shall be construed as cumulative, and no one of them shall be exclusive of any of the others or of any other legal or equitable remedy which Declarant, the Association, or any Owner might otherwise have in the event of breach or default in the terms hereof, and the exercise of one right or remedy of any such party shall not impair its right to any other right or remedy until all obligations imposed upon any other party, person, or entity have been fully performed. 9.14. Time is of the Essence. In regard to the acts, duties, obligations, or responsibilities to be performed by any Member, Occupant, or Owner pursuant to this Amended Declaration, time is of the essence as to such performance. 9.15. Assignment of Declarant’s Rights and Duties. Any and all rights, powers, easements, and reservations of Declarant herein contained or hereafter granted to Declarant pursuant to the terms and provisions of this Amended Declaration may be assigned, in whole or in part, to any person, corporation, partnership, or organization (including, but not limited to, the Committee or the Association) which will assume the position of Declarant pertaining to the particular rights, powers, easements, and reservations assigned, and upon any such person's, corporation's, partnership's, or orqanization's evidencing its consent in writing to accept such assignment and assume such position, it shall, to the extent of such assignment, have the same rights, powers, easements, and reservations as Declarant and be subject to the same obligations, if any, which then exist by reason of this Amended Declaration; provided, however, Declarant shall not assign such rights, powers, easements, and reservations to any person or entity other than the Association or the Committee who is not an Owner of a portion of the Property. Upon the occurrence of such assignment, Declarant will serve written notice thereof on all then Owners in accordance with Section 9.10 hereof, or if such assignment has occurred prior to the conveyance of any Lot from Declarant to another Owner, such notice will be given to such Owner by Declarant either contemporaneously with the delivery of the deed to such Lot by Declarant or by record notice by recording a notice of such assignment in the Real Property Records of Williamson County, Texas. Upon the occurrence of such assignment and the giving of such notice, Declarant, its employees, officers, directors, and agents, and corporate parent, shall be released and relieved from any and all liability and obligations imposed upon it as Declarant by this Amended Declaration. IN WITNESS WHEREOF, this Amended Declaration has been executed to be effective on the Effective Date. 2