07-17-14 Regular Meeting of the Planning and Zoning Commission

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EXHIBIT D N.“Dwelling” means a main residential structure constructed on a Lot or Homesite intended for single family residential use. O.“Guidelines” means general, architectural, and/or builder guidelines, and application and review procedures, if any, that may set forth various standards relating to exterior harmony of any and all improvements placed upon or constructed on any Lot and/or construction types and aesthetics, which Guidelines may be promulgated and amended by the Declarant (during the Development Period) and thereafter by the Association or the ARC, without notice to Owners. There shall be no limitation on the scope of amendments to the Guidelines, and such amendments may remove requirements previously imposed or otherwise make the Guidelines less restrictive. Guidelines may be promulgated by the Association, ARC, or Declarant, pursuant to the terms set forth herein, and enforceable by the Association. P.“Hardscape” shall include but not be limited to such items as rocks, landscape timbers, railroad ties, fountains, statuary, sculpture, terracing materials, lawn swings, and yard art. Q.“Homesite” means one or more Lots upon which a single-family Dwelling may be erected subject to this Declaration. R.“Lot” means a parcel of Property defined as one Lot by the Plat and/or any replat thereof recorded in the real property records of HarrisCounty, Texas, and encumbered by this Declaration, and restricted to single-family residential use. Homesites may becomprised of more than one Lot; each such Lot will be subject to the rights and duties of membership in the Association. There shall be an Assessment due for each Lot owned as defined by the then-plat of record, subject to the limitations herein. Notwithstanding anything contained herein to the contrary, this definition shall not include any Lot for so long as it is being used by Declarant as a model home Lotand/or a sales information center. S.“Member” means anOwner, as defined in this Article, subject to the provisions set forth in this Declaration. T.“Member in Good Standing” shall mean Declarant and a Member (a) who is not delinquent in the payment of any Assessment against the Member’s Lot or any interest, late charges, costs or reasonable attorney’s fees added to such Assessment under the provisions of the Dedicatory Instruments or as provided by law, (b) who is not delinquent on payments made pursuant to a payment plan for Assessments, (c) who does not have any condition on his Lotwhich violates any Dedicatory Instrument which has progressed to the stage of a written notice of a hearing to be held by the Association or its designated committee, or beyond, and which remains unresolved as of the date of determination of the Member’s standing, (d) who has not failed to pay any fine levied against the Member and/or the Member’s Lotpursuant to the Dedicatory Instruments, and (e) who has not failed to comply with all terms of a judgment obtained against the Member by the Association, including the payment of all sums due the Association by virtue of such judgment. If one Occupant of a 7 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved.