|
EXHIBIT D
<br />the Association at such time as Declarant shall cease to own any portion of the Property subject
<br />to the Declaration, or such earlier time as Declarant may decide, in its sole discretion, and
<br />transfer such rights by a written instrument. The Declarant and the Association’s allocated costs
<br />of maintenance of Pond “A” and Pond “B” shall be payable as common expenses and shall be an
<br />approved expenditure of assessment funds.
<br />ARTICLE VIII.DEED RESTRICTION ENFORCEMENT
<br />A.Authority to Promulgate Rules, Policiesand Guidelines
<br />The Board has the authority, without the obligation,to promulgate, make, modify,
<br />amend, cancel, limit, create exceptions to,and enforce reasonable rules and regulationspolicies,
<br />and Guidelines(pursuant to the terms set forth herein),including but not limited to rulesand
<br />policiesconcerning enforcementof the covenants and restrictions contained in this Declaration,
<br />any Supplemental Amendment and/or amendments concerning the use and enjoyment of the
<br />Property, including without limitation, rules limiting the use of the Common Area, establishing
<br />and setting the amount of fines for violations of this Declarationor any Dedicatory Instrument,
<br />and all fees and costs generated in the enforcement of the Dedicatory Instruments. Such rules
<br />and regulations, policiesand Guidelines shall be binding upon all Ownersand Occupants, if any.
<br />The rights and remedies contained in this Article are cumulative and supplement all other rights
<br />of enforcement under applicable law.
<br />B.Attorney’s Fees and Fines
<br />In addition to all other remedies that may be available, after givingnotice and an
<br />opportunity to be heard as may be required by §209 of the Texas Property Code, as same may be
<br />amended, the Association has the right to collect attorney’s fees and/or fines as set by the Board
<br />from any Owner that is in violation of the Dedicatory Instruments, any applicable Supplemental
<br />Amendment or amendments, any Guidelines, or any other rule or regulation promulgated by the
<br />Association. Said attorneys fees and fines shall be added to the violating Owner’s Assessment
<br />account and shall besecured by the continuing lien on the Lot.
<br />C.Remedies
<br />Every Owner shall comply with all provisions of the Dedicatory Instruments. Failure to
<br />comply shall be grounds for an action to recover sums due, for damages or injunctive relief, or
<br />for any other remedy available at law or in equity, maintainable by the Association. In addition,
<br />the Boardhas the authority, but not the obligation, to enforce the covenants, conditions and
<br />restrictions contained in the Dedicatory Instruments, and to regulate the use,maintenance, repair
<br />replacement, modification, and appearance of the Subdivision, and may avail itself of any and all
<br />remedies provided in the Dedicatory Instruments. Notwithstanding anything contained herein to
<br />the contrary, the Board shall have no duty, legal or otherwise, to institute legal or other
<br />proceedings on behalf of or in the name of an Owner.
<br />The decision to pursue enforcement action in any particular case shall be left to the
<br />Board’s discretion. Without limiting the generality of the foregoing sentence, the Board may
<br />determine that, under the circumstances of a particular case:
<br />25
<br />Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved.
<br />
<br />
|