ADDITIONAL PROTECTIVE COVENANTS for CHARLTON PARK
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SECTION A

DEFINITIONS

Sub-section 1 - Areas of Common Responsibility” shall mean and refer to the Common Area, together with those areas, if any, which by the terms of this Residential Declaration, any Supplemental Declaration, or other applicable covenants, become the responsibility of the Residential Association. The office of any property manager. employed by contracting with the residential Association, if located on the Residential Properties, or any public right-of-way within or adjacent to the Residential Properties, may be part of the Area of Common Responsibility. 

Sub-Section 2 - "Articles of Incorporation” or “Articles” shall mean and refer to the Articles of Incorporation of Charlton Park Homeowners Association, as filed with the Secretary of State of the State of Texas.

Sub-Section 3 - “Base Assessment” shall mean and refer to assessments levied against all Units in the Residential Properties to fund Common Expenses.

Sub-Section 4 - “Board of Directors” or “Board” shall be the elected body having its normal meaning under Texas corporate laws.

Sub-Section 5 - “By-Laws” shall mean and refer to the By-Laws of Charlton Park Homeowner Association, as they may be amended from time to time. 

Sub-section 6 - “Class-B Control Period” shall mean and refer to the period of time during which Class-B Member is entitled to appoint a majority of the members of the Board of Directors, provided in section C, Sub-Section 2(b) hereof.

Sub-Section 7 - "Common Area” shall mean all real and personal property which the Residential Association now or hereafter owns or otherwise has possessed for the common use and enjoyment of all Owners.

Sub-Section 8 - "Common Expenses” shall mean and include the actual and estimated expenses incurred by the Residential Association for the general benefit of all Unite Owners, including any reasonable reserve, all as may be found to be necessary and appropriate by the Board, pursuant to this Residential Declaration, the By-Laws, and the Articles of Incorporation of the Residential Association, but shall not include any expenses incurred during the Class-B Control Period for initial development, original construction or installation of infrastructure, original capital improvements, or other original construction costs, unless approved by Members representing a majority of the total vote of the Residential Association.

Sub-Section 9 - “Community-wide Standard” shall mean the standard of conduct, maintenance, or other activity generally prevailing throughout the Residential Properties. Such standard may be more specifically determined by the Board of Directors and the Architectural Control Committee.

Sub-Section 10 - “Covenants” shall mean and refer to those certain Parkway Plaza Two Protective Covenants, filed for record under County Clerk's file No. J552901 1n the Official Public Records of Real Property of Harris County, Texas, as amended and supplemented by those certain instruments recorded under County Clerk’s File No. M700138, and M923915 of the Official Public Records of Real Property of Harris County, Texas, as hereinafter amended and supplemented.

Sub-Section 11 - "Declarant" shall mean and refer to Brighton Construction, Inc., or its successors or assigns. who take title to any portion of the property described on Exhibit-A hereof for the purpose of development and/or sale, and are designated as the Declarant hereunder 1n a recorded instrument executed by the immediately precedinq Declarant.

Sub-section 12 - "Equivalent Units" shall mean that number assigned to each Unit, as provided in Section J, Sub-Sectlon 2, of this Residential Declaration, for purposes of allocating Base Assessments and Special Assessments among the Units, subject to such assessments.

Sub-Section 13 - “Master Plan" shall mean and refer to the land use plan for the development of the Parkway Village community prepared by, or at the request of Sueba Investments No. 22, Ltd., as it may be amended by Sueba Investments No. 22, Ltd. or its successors or assigns from time to time, which plan include the property described on Exhibit-A.

Sub-section 14 - "Member” shall mean and refer to a Person entitled to membership in the Residential Association, as provided herein.

Sub-Section 15 - "Mortgage" shall mean and refer to a mortgage, a deed of trust, a deed to secure debt, or any other form of equity deed.

Sub-Section 16 - “Mortgagee" shall mean and refer to a beneficiary or holder of a Mortgage.

Sub-Section 17 - “Mortgagor" shall mean and refer to any Person who gives a Mortgage.

Sub-Section 18 - “Owner” shall and refer to one (1) or more Persons who hold the record title to any Unit which is part of the Residential Properties, but excluding in all cases any party holding an interest merely as security for the performance of an obligation. If a Unit is sold under a recorded contract of sale, and the contract specifically so provides, then the purchaser (rather than the fee owner) will be considered the Owner.

Sub-Section 19 - “Person” means a natural person, a corporation, a partnership, a trustee, or any other legal entity.

Sub-Section 20- “Residential Association” shall mean and refer to Charlton Park Homeowner Association, a Texas nonprofit corporation, is successors and assigns.  

Sub-Section 21 - “Residential Declaration” shall mean and refer to the Residential Declaration of Protective Covenants.

Sub-Section 22 - "Residential Properties" shall mean and refer to the real property described in Exhibit-A, attached hereto, together with such additional property as is hereafter subjected to the Residential Declaration by Supplemental Declaration.

Sub-Section 23 - “Special Assessment” shall mean and refer to assessments levied in accordance with Section J, Sub-Section 3, of the. Residential Declaration.

Sub-Section 24 - “Supplemental Declaration" shall mean an amendment or supplement to the  Residential Declaration, executed by or consented to by Declarant which subjects additional property to the. Residential Declaration and/or imposes, expressly or by reference additional restrictions and obligations on the land described therein. The term shall also refer to the instrument recorded by the Residential Association pursuant to Section H, Sub-Section 2, of this Residential Declaration to subject additional property to the. Residential Declaration.

Sub-Section 25 - "Unit" shall mean a portion of the Residential Properties, whether developed or undeveloped, intended for development, use, and occupancy as a patio home for single family, as well as vacant land intended for development as such, all as. may be developed, used, and defined as herein provided, or as provided in Supplemental Declarations covering all or a part at the Residential Properties. The term shall include all portions of the lot owned as well as any structures thereon.

 

 

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