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

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EXHIBIT D the Board members (who must be Members of the Association) must be elected by the Owners other than the Declarant, as set forth in the Bylaws. After such anniversary, Declarant shall retain the authority to appoint the remaining two-thirds (2/3) of the members of the Board of Directors of the Association until such time as Declarant no longer owns any portion of the Property. The Declarant may assign to the Association its authority to appoint some or all (as applicable) members of the Board of Directors of the Association, with such assignment evidenced by an instrument recorded in the Real Property Records of Harris County, Texas. Upon termination of Declarant’s authority to appoint two-thirds (2/3) of the members of the Board of Directors of the Association, any remaining Class B Members shall be converted to Class A Members and elections shall be held to elect the members of the Board of Directors of the Association (who must be Members of the Association) pursuant to the provisions of the Certificate of Formation and the Bylaws of the Association. In the event Class B Membership terminates pursuant to the above provisions, and thereafter additional property is annexed into the jurisdiction of the Association, which resultsin the Declarant owning property in the Subdivision, only Declarant’s Class B Membership shall be restored (no other previously designated Class B Membership shall be restored), until it again terminates as specified hereinabove. Notwithstanding anythingcontained herein to the contrary, the Declarant may assign, temporarily or permanently, all or a portion of its rights as Declarant to any person(s). ARTICLE V.EFFECTIVE DATE OF DECLARATION This Declaration shall be effective as of the date this document is recorded in the Real Property Records of HarrisCounty, Texas. ARTICLE VI.USE RESTRICTIONS Notwithstanding anything contained herein to the contrary, the provisions of this Article, “Use Restrictions” shall apply only to Lots unless other portions of the Property are specifically included in said provisions. A.Residential Uses Permitted Homesites within the Subdivision shall be used exclusively for single-family residential purposes. The term “Single-Family” as used herein shall refer not only to the architectural design of the Dwelling but also to the permitted number of inhabitants, which shall be limited to a single family, as defined below. Single-Family shall mean the use of and improvement to a Lot with no more than one building designed for and containing facilities for living, sleeping, cooking, and eating therein. In no case may a Lot contain more than one Dwelling. No multi- family Dwellings may be constructed on any Lot. No building, Outbuilding or portion thereof shall be constructed for income property, such that Occupantswould occupy less than the entire Lot and/or Homesite. It is permitted for Owners to lease a Dwellingin the Subdivision, so long as Occupants are leasing the entire land and improvements comprising the Homesite. “Leasing” for purposes of this Declaration, is defined as occupancy of a Dwelling by any person other than the Owner, for which the Owner receives any consideration or benefit, including, butnot limited to, a fee, 11 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved.