ADDITIONAL PROTECTIVE COVENANTS for CHARLTON PARK
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SECTION O

DECLARANT’S  RIGHTS

                                                                                  

Any or all of the special rights and obligations of the Declarant set forth in this Residential Declaration or the By-Laws may be transferred to other Persons, provided that the transfer shall not reduce an obligation nor enlarge a right beyond that contained herein or in the By-Laws, as applicable, and provided further, no such transfer shall be effective unless it is in a written instrument, signed by the Declarant and duly recorded in the real property records of Harris County, Texas.

Notwithstanding any provisions contained in this Residential Declaration to the contrary, so long as construction and initial sale of Units shall continue, it shall be expressly permissible for Declarant and any builder designated by Declarant to maintain and carry on upon portions of the Common Area such facilities and activities as, in the sole opinion of Declarant, may be reasonably required, convenient, or incidental to the construction or sale of such Units, including, but not limited to, business offices, signs, model units, and sales offices, and the Declarant and such designated builder(s) shall have easements for access to and use of such facilities. The right to maintain and carry on such facilities and activities shall include specifically, without limitation, the right to use Units owned by the Declarant and any clubhouse or community center which may be owned by the Residential Association, as models and sales offices, respectively. 

So long as Declarant continues to have rights under this Residential Declaration, no Person shall record any declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument affecting any portion of the Residential Properties without Declarant's review and written consent thereto, and any attempted recordation without compliance herewith shall result in such declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument being void and of no force and effect unless subsequently approved by recorded consent signed by the Declarant.

            This Residential Declaration may not be amended without the expressly written consent of the Declarant, provided, however, the rights contained in this Residential Declaration shall terminate upon the earlier of forty (40) years from the date this Residential Declaration is recorded, or upon recording by Declarant  of a written statement relinquishing such rights.

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