At the annual meeting of the Turtle Cove Home Owner's Association held on 4/26/2022 the residents in attendance and those represented via proxy voted unanimously to implement a community leasing policy. The high level implications and a full text of the policy are provided below. For questions regarding this policy please contact the board via the online form here leasing inquiry or call your community manager.
WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Turtle Cove Residential Association, Inc., Executed by Ashton Custer L.L.C., a Texas Limited Liability company, on August 2, 1996 and filed of record at Volume 1153, Page 1 in the Real Property Records of Rockwall County, Texas, including any amendments thereof, additions, annexations and supplements thereto and entitled “Declaration of Covenants, Conditions and Restrictions and Bylaws. Turtle Cove Residential Association, Inc.” (the “Declaration”) subjected to the scheme of development therein certain land described within the Declaration, Plat and Bylaws;
WHEREAS, the First Amendment to the Declaration of Covenants, Conditions and Restrictions for Turtle Cove Residential Association, Inc., was recorded on March 23, 2015 at Instrument No. 20150000003823 in the Real Property Records of Rockwall County, Texas;
WHEREAS, the Declaration and all amendments thereto remain in full force and effect;
WHEREAS, the Association desires to amend the Declaration in certain respects by adopting certain restrictive covenants as related to leasing of the properties within the Association.
WHEREAS, Article XII, Section 12.02 of the Declaration provides as follows;
Amendments. Notwithstanding the terms and provisions of Section 12.01 hereof, this Declaration may be amended, modified and/or changed as follows:
(a) during the time Declarant is the Owner of any Lot, the Declarant. may end or change this Declaration with the consent of at least fifty-one percent (51%) of the outstanding votes of the Association, regardless of class;
(b) in all other situations, this Declaration: may be amended or changed either upon the express written consent of Members entitled to cast at least seventy percent (70%) of the outstanding votes of the Association who are in attendance at a meeting called and held in accordance with Section 3.03 hereof, regardless of class, or at least seventy percent (70%) of the outstanding votes of the Association, regardless of class, whether or not a meeting is called.
Any and all amendments to this Declaration, shall be recorded in the Office of the County Clerk of Rockwall County, Texas. Notwithstanding the prior provisions of this Section 12.02. (a) the Declarant may execute and record amendments to this Declaration without such consent or· approval if the amendment is for the purpose of correcting technical or typographical errors or for clarification only, and (b) as long as the Declarant is the Owner of any Lot, no amendment to this Declaration shall be effective without the prior written consent of the Declarant.”
WHEREAS, Section 209.0041 of the Texas Property Code, provides, in part, as follows:
(b) “This section applies to a residential subdivision in which property owners are subject to mandatory membership in a property owners association.”
(d) “This section does not apply to the amendment of a declaration during the developmental period.”
(f) “This section supersedes any contrary requirement in a dedicatory instrument.”
(h) “Except as provided by Subsection (h-1) or (h-2), a declaration may be amended only by a vote of 67 percent of the total votes allocated to property owners in the property owners’ association, in addition to any governmental approval required by law. If the declaration contains a lower percentage, the percentage in the declaration controls.”
(h-1) “If the declaration contains a lower percentage than prescribed by Subsection
(h), the percentage in the declaration controls.”
WHEREAS, the Association has met the requirements of Article XII of the Declaration and Section 209.0041 of the Texas Property Code. The President of the Association hereby certifies that the requisite approval of owners was obtained to amend the Declaration. This amendment was approved in accordance with Article XII of the Declaration and Section 209.0041 of the Texas Property Code.
WHEREAS, the terms and provision of the Turtle Cove Residential Association, Inc. Declaration, except as modified herein, are hereby declared to be in full force and effect with respect to the Property. The Property shall continue to be held, occupied, sold, and conveyed subject to the terms and conditions of the Turtle Cove Residential Association, Inc. Declaration and any amendments and supplements thereto. The Declaration, and any amendments and supplements thereto shall run with title to the Property and are binding on all parties having any right, title, or interest in and to the Property or any part thereof, including their heirs, representatives, successors, transferees, and assigns, and shall inure to the benefit of each Owner thereof.
WHEREAS, the effective date of this Amendment shall be the date of recordation in the County Clerk Records of Rockwall County, Texas. RESOLVED, that pursuant to the provisions of Article XII of the Declaration and Section 209.0041(h) of the Texas Property Code, the Original Declaration and any amendments and supplements thereto of Turtle Cove Residential Association, Inc. are hereby amended with the following Second Amendment to the Declaration of Turtle Cove Residential Association, Inc. Turtle Cove Residential Association, Inc. declares that the Property and all portions thereof are and shall be held, transferred, assigned, sold, conveyed and occupied subject to all covenants, conditions, restrictions, easements, liens and charges contained in the Declaration, as modified and amended herein.
NOW, THEREFORE, the Turtle Cove Residential Association, Inc. Declaration is hereby amended by the addition of Article XIII of the Declaration which shall read as follows:
ARTICLE XIII: LEASING OF HOMES
a. “Association” means the Turtle Cove Residential Association, Inc. as defined at Article 1(c) of the Declaration.
b. “Association Rental Form” means the form prepared and updated from time to time by the Association in connection with Leasing of Properties in Turtle Cove.
c. “Cause” means an unforeseeable and unavoidable event, whether temporary or permanent, that materially and adversely impacts an Owner’s (or the Owner’s family’s) physical condition or financial condition and places an undue hardship on the Owner that a reasonable accommodation by the Association is substantially likely to ameliorate without either (i) resulting in substantial harm to the other Owners in Turtle Cove, or (ii) substantially undermining the effectiveness in Turtle Cove of the rights and restrictions described in the Dedicatory Instruments.
d. “Dedicatory Instruments” means each governing instrument covering the establishment, maintenance, and operation of the Association. This term includes the Declaration, Bylaws, Policies, and rules and regulations of the Association and all amendments thereto, including, but not limited to, this Instrument.
e. “Turtle Cove” means the land, community and subdivision of Turtle Cove in Rockwall County, Texas that is described in and subject to the Dedicatory Instruments and as defined at Article 1(c) of the Declaration.
f. “Hardship Petition” means the form (prepared and updated from time to time by the Association) submitted by petitioning Owners showing Cause to the Association for consideration. Hardship Petitions shall be granted or denied in the sole, but reasonable discretion of the Association.
g. “Landlord” means the Owner of the Property, even if that Owner has a management company that is in charge of Leasing the Property.
h. “Lease” includes any agreement, whether written or oral, between a Landlord and a Tenant that establishes or modifies the terms, conditions or other provisions regarding the use and occupancy of the Property.
i. “Lease” or “Leasing” is defined as the occupancy or use of the Property for any period of time by any person other than the Owner for which the Owner, or any designee of the Owner receives any direct or indirect monetary or non-monetary consideration or benefit, including, but not limited to, a fee, service, gratuity or emolument. If the Property is owned by a trust and the beneficiary of the trust is living in the Property, that Property shall be considered Owner-occupied rather than leased. Lease to Purchase Agreements & Contracts for Deeds and similar agreements shall be considered the same as Leasing for purposes of this Instrument. Housesitting shall be considered Leasing for purposes of this policy.
j. “Lessee” shall be considered the same as Tenant for purposes of this Instrument.
k. “Owner” means the same as Owner or Owners as defined in Article 1(l) of the Declaration.
l. “Property” or “Properties” means the same as Properties as defined in Article 1(m) of the Declaration. Properties shall be considered those residential dwellings as situated upon Lots as defined in Article 1(j) of the Declaration.
m. “Renting” shall be considered the same as Leasing for purposes of this Instrument.
n. “Tenant” means the person(s) authorized by the Lease to occupy, which would include the named lessee(s). Terms otherwise not defined herein shall have the same meaning as used in the Declaration.
a. An Owner may Lease their Property within Turtle Cove in accordance with the Dedicatory Instruments, including, but not limited to, this Instrument.
b. Properties that are currently Leased within Turtle Cove are subject to all restrictive covenants set forth in this Instrument. Including, but not limited to, the requirement to register their property with the Association, submittal of the Association Rental Form, and payment of the Fee.
c. No Owner may Lease their Property within Turtle Cove until after such Owner shall have made the Property their full-time primary residence and occupied the same for at least twelve (12) consecutive months (the “Residency Requirement”). Properties that are currently Leased within Turtle Cove are not subject to the Residency Requirement, but are subject to all other restrictive covenants set forth in this Instrument, including, without limitation, submitting an Association Rental Form and payment of the annual Fee
d. Prior to (x) listing any Property for Lease, (y) securing any Tenant, or (z) executing any Lease in Turtle Cove, each Owner shall inquire with the Association in writing whether Turtle Cove has met its Cap or is below the Cap described herein. Each Owner agrees and acknowledges that such inquiry does not guaranty the placement or hold a place for the Property to be Leased under the Cap nor does such inquiry approve, condone or sanction the execution of a Lease; provided, however, placement on the waiting list shall be handled in accordance with Article XIII, Section 13.5 below.
a. An Owner that Leases their Property shall submit a copy of the executed Lease and an Association Rental Form executed by each Owner of the Property (e.g., husband and wife or Owners per recorded deed) to the Association no later than ten (10) days of execution of the Lease. In the event the foregoing is not complied with by the Owner then such Owner shall be deemed to be in violation of this Instrument. Owners are encouraged to obtain the information needed to complete the Association Rental Form prior to executing the Lease with any Tenant. The Association Rental Form shall require the following and other pertinent information:
1. Owner certifies its compliance with the Provisions of this Article XIII of the Declaration and all of the restrictive covenants contained herein;
2. The full name, date of birth and relationship between every tenant and occupant (adults and children) of the Property;
3. Valid phone numbers and email addresses of every adult tenant and occupant of the Property;
4. Effective date of the Lease, the expiration date of the Lease, and the term of the Lease (including, but not limited to, any renewal options or if the Lease converts to a month-to-month term for a maximum of six (6) months after expiration of a twelve (12) consecutive month term); 5. Certification by each Owner that it has completed its due diligence and confirmed the following in written format with applicable governmental agencies and/or third-party services: o Each Tenant and occupant of the Property has not been convicted of any felony or an assault or battery misdemeanor in any jurisdiction in the United States (“Criminal Certification”); and o Each Tenant and occupant of the Property is not a Registered Sex Offender based on Texas and Federal registries (“Registered Sex Offender Certification”).
6. A Copy of a Background Check on each adult occupant for the property. The Landlord may redact Sensitive Personal Information of the occupant from the Background Check, including, Social Security Numbers.
7. Certification by Owner that the $500.00 annual leasing fee has been paid to the Association (the “Fee”);
8. Certification by Owner that it shall promptly update the Association in writing if any information described herein shall change at any time;
9. Valid mailing address (no PO Boxes), phone numbers and email addresses of every Owner of the Property;
10. Certification by Owner that the Property and each Owner is current on all outstanding assessments, charges, or fees due to the Association and that there are no outstanding violations of the Property;
11. Certification by Owner that all assessments, charges, or fees due to the Association (including, but not limited to, any charges due to any violations) from the date of the Lease shall nonetheless be responsibility and obligation of the Owner; and
12. Certification by Owner that no less than 100% of the square footage of the Property is being Leased.
a. In the event the Association Rental Form is incomplete, inaccurate, missing information, or requires Owner to remedy any outstanding issues, the Association shall inform the Owner of the Property (the “Notice”) no later than thirty (30) days from the date the executed Association Rental Form was received by the Association to review (the “First Submission”) and the Owner shall have ten (10) days from such Notice to supplement such Association Rental Form and remedy any outstanding issues. This process shall occur as often as needed to obtain a complete and accurate Association Rental Form; provided, however, this process shall be completed no later than sixty (60) days from the First Submission otherwise Owner shall be deemed to be in violation of this Instrument.
b. Owners must submit a new Association Rental Form (including, but not limited to, re- certifying certifications and performing criminal and sex offender registry checks) and pay a new Fee every year even if the original Lease is continuing.
c. Amendments of the Lease that modify the parties (i.e., the Tenant) shall be deemed to be a new Lease and be subject to the restrictive covenants described herein, including, but not limited to, submitting a new Association Rental Form and Fee.
d. All Leases must be in writing. No oral or non-written Leases are acceptable. As described in this amendment, all Leases must expressly state that each Lease is subject to the terms of the Dedicatory Instruments of Turtle Cove, including, but not limited to, this Instrument.
e. Owners currently Leasing their Property at the time the restrictive covenants described in this Instrument go into effect shall abide by all the restrictive covenants described in this Instrument (including, but not limited to, submitting an Association Rental Form and Fee) unless otherwise expressly exempted herein.
f. Each Owner who does not reside in Turtle Cove is required to provide to the Association each Owners’ current phone numbers, email addresses and mailing address. No PO Boxes shall be allowed, only physical addresses. Each such Owner shall be responsible to update the Association with regards to any changes to such contact information to ensure the Association is able to remain in contact with each such Owner.
g. No Owner may place a “For Lease” or “For Rent” sign upon their property.
a. No more than ten percent (10%) of the properties within Turtle Cove (the “Cap”) may be Leased at any given point in time; provided, however, Properties that qualify for Hardship Petitions as described herein shall not count towards the Cap. Ten percent of the properties equals a total of twenty-one homes.
b. A Property shall be counted towards the Cap upon the full compliance with this Instrument, including, but not limited to, the submission and acceptance by the Association of the Association Rental Form and the Fee. Any Owner that Leases their Property without the Association’s acceptance of an Association Rental Form and Fee causing the Association to exceed the Cap or depriving an Owner on the waiting list to Lease shall incur a fine as set forth within as set forth within Section 13.13 of this Amendment until such violation is cured (e.g., the Lease is terminated).
c. In the event the Cap is reached and an Owner has sufficient Cause to require him or her to Lease his or her Property then such Owner may submit a Hardship Petition to the Association for approval and to permit the Owner to attempt to Lease the Property; provided, however, all other restrictive covenants described herein (including, but not limited to, the Residency Requirement) shall be complied with.
d. In the event the Cap is reached and an Owner desires to Lease their Property, the Owner may elect to have their name placed on a waiting list maintained by the Association. Owners on the waiting list shall maintain priority to Lease their Property over Owners that are not on the waiting list. The Association shall inform the Owner on the waiting list when it is eligible to Lease their Property. If such Owner is unable to Lease and comply with this Instrument within sixty (60) days then such Owner shall no longer have its place held under the Cap and the next Owner on the waiting list shall be provided the opportunity as outlined above. This process shall continue until the earlier of (x) all Owners on the waiting list have had an opportunity to Lease or (y) the number of Properties Leased falls below the Cap thereby permitting all previously waiting Owners the opportunity to Lease their Properties. The Association shall be permitted to provide additional guidance and rules with respect to the waiting list and process.
e. Owners that have previously complied with this Instrument and are replacing an expiring or terminating Lease with a new Lease (with same or different Tenants) or renewing or modifying an existing Lease shall maintain priority over those owners on the waiting list. Such Owner shall have fifty (50) days to lease their Property. Should their Property fail to be Leased within fifty days, then the Association shall use the waitlist in accordance with Section 13.5(d).
a. All Tenants are required to meet all qualifications as contained in this Instrument. An Owner may not Lease to a Tenant if the qualifications, restrictive covenants described in this Instrument are not satisfied and if Owner has not provided evidence of such satisfaction to the Association upon request.
b. No Owner may rent their Property to a Tenant or occupant that has been convicted of any felony or an assault or battery misdemeanor in any jurisdiction in the United States (a “Criminal Offenses”).
c. No Owner may Lease their Property to a Tenant or occupant that is a Registered Sex Offender. For purposes of this provision, a “Registered Sex Offender” is a (y) person who is registered as a Level 3 (High Risk) or Level 2 (Moderate Risk) sex offender pursuant to Chapter 62 of the Texas Code of Criminal Procedure (Sex Offender Registration Program as it now exists or as it may be amended in the future), or pursuant to any other law of the State of Texas, or any local municipal or county ordinance, or pursuant to any other state or federal law or regulation and (z) person who is required to register as a sex offender and who is required to have a risk assessment but who has not been assigned a risk assessment level by the applicable authority or for whom such a risk assessment level is not yet available to the public via the applicable registry program.
d. Notwithstanding the foregoing, Tenants who have been found guilty of one or more Criminal Offense as set forth above may Lease within Turtle Cove seven (7) years after serving the associated sentence or expiration of the associated probationary period and/or parole period. This includes person(s) who have received deferred adjudication and/or have not yet satisfied the probationary period of a deferred adjudication for any of the above-mentioned offences. This provision does not apply to Tenants or occupants that have been found guilty of a crime in violation of Section 13.6(c) above. Tenants or occupants in violation of Section 13.6(c) above may never occupy or Lease a Property within Turtle Cove unless such Tenant or occupant is no longer Registered Sex Offender.
a. Subject to any state, local or federal law that prohibits the placement of any limits on occupants, the maximum number of adult persons that may occupy any Property pursuant to a Lease is six (6). An Owner may allow an occupancy rate of more than six (6) adults: to the extent that Owner is required by a state or federal fair housing law to allow a higher occupancy rate; or if an adult whose occupancy causes a violation of this section is seeking temporary sanctuary from family violence as defined by Section 71.004 of the Texas Family Code for a period not to exceed one month. Should an Owner wish to have than the foregoing occupancy, then such Owner shall submit a Hardship Petition showing sufficient Cause to require to Lease the Property to more than the foregoing occupancy.
b. No person under the age of eighteen (18) years of age may reside in or occupy a Property unless such person is with a parent, legal guardian or designee in writing as such minor’s parent or legal guardian. An Owner shall promptly provide satisfactory proof of ages and relationship status among the tenants and occupants upon the request of the Association.
c. No Property (or part thereof) may be Leased, occupied or used by a person who constitutes a threat to the health or safety of other persons, or whose occupancy, use or activities could result in physical damage to the property of others.
d. Leasing of less than one hundred percent (100%) of the square footage of the Property is prohibited (e.g., no fraction or part of a Property may be leased) unless (i) the Owner of the Property primarily occupies and resides within the Property and uses the Property daily as their full-time primary residence, and (ii) the Lease of fraction or part of the Property is to an immediate family member (e.g., a son or daughter). Such Leases shall not require the completion of the Association Rental Form, count towards the Cap, be for a minimum term of twelve (12) months, or require the payment of the Fee, but shall otherwise require adherence to the restrictive covenants described herein (e.g., Lease should be in writing, Tenant shall abide by the restrictive covenants of Turtle Cove, etc.).
e. No Owner may Lease their Property if it is delinquent in any fines, assessments, collection costs or fees owing to the Association and fails to cure the delinquency within sixty (60) days after written notification. Such violations may result in damages to the Owner and may subject the Owner to additional fines and penalties under this Instrument.
f. An Owner may submit a Hardship Petition in the event it has Cause to request a variance or temporary relief from a restrictive covenant described herein. Any out-of- pocket costs due to the Association granting a variance or temporary relief shall be the sole responsibility of the requesting Owner.
g. No property may be subleased. Every tenant must have a new lease agreement with the owner of the property.
h. Owners with Nannies, Live in Caretakers, Live in Nurses, or Au Pairs (collectively “Caretakers”) are not required to submit a rental form for their Caretaker and their Caretaker shall not be considered a tenant for purposes of these restrictions.
a. No Owner may Lease their Property for a term of less than twelve (12) consecutive months; provided, however, a Lease converting to a month-to-month term after a twelve (12) consecutive month term is permitted as long as such carry over to a month-to-month term does not exceed six (6) months in the aggregate (i.e., the Lease shall need to be renewed for at least twelve (12) months after a maximum of six (6) months of carry over on a month-to-month basis). Daily, weekend, weekly and monthly rentals less than twelve (12) consecutive months are prohibited.
a. No business, trade or similar activity may be conducted in or from any Lot, except that an Owner or Resident residing in a Lot may conduct business activities within the Lot so long as: (i) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Lot, (ii) the business activity conforms to all zoning requirements for the Property, (iii) the business activity does not noticeably increase the level of vehicular or pedestrian traffic or the number of vehicles parked in the Association, (iv) the business activity does not involve door-to-door solicitation of residents of the Association, (v) the business activity is consistent with the residential character of the Association and does not constitute a nuisance or a hazardous or offensive use, or threaten the security or safety of other residents. b. Any Owner that violates this rule shall be fined $500.00 per month.
a. Each Owner must provide each Tenant with a physical or electronic copy of all Dedicatory Instruments (including, but not limited to, the Declaration, Bylaws and any and all rules and regulations of Turtle Cove).
b. All Tenants must comply with all the Dedicatory Instruments as if the Tenant was the Owner of such Property (except for the annual and special assessments that are due and payable by the Owner). Each Tenant acknowledges and agrees by executing a Lease in Turtle Cove that it may be fined and held responsible for failing to abide by all the Dedicatory Instruments.
c. Each Owner shall be responsible for any and all violations, losses and damage resulting from or being proximately caused by the actions and omissions of each Owner’s Tenants and each Tenant’s invitees, licensees, guests or occupants.
d. In the event the Property is in violation of Dedicatory Instruments, the Association shall notify the Property and the Owner (to the extent a mailing address is provided to the Association) and the Owner shall promptly resolve the violation and secure compliance with Dedicatory Instruments or exercise the Owner’s rights as a landlord under the Lease for Tenant’s breach of the Lease. If the Property continues to be in violation or the occurrence of the violation repeats, and if the Owner is unable, unwilling, or unavailable to resolve the violation and secure compliance with Dedicatory Instruments, then the Association has the power and right to pursue the remedies under the Dedicatory Instruments and as a landlord under the Lease or applicable law for the default of the Lease, including, but not limited to, eviction of the Tenant. In the event the Association proceeds as agent and attorney in fact on behalf of the Owner to enforce the Lease, pursue remedies under the Lease and/or evict the Tenant and occupants of the Property, any and all costs, including, but not limited to, attorney’s fees and court costs, arising from or in connection with such actions shall be responsibility of the Owner and the Owner shall reimburse the Association with interest on demand. Such costs may be assessed as an assessment against the Property.
e. The Owner of a Property is and shall remain liable to the Association for any and all expenses, costs and damages incurred by the Association in connection with enforcement of the Dedicatory Instruments against a Property that is Leased.
f. EACH OWNER HEREBY APPOINTS THE ASSOCIATION AS EACH OWNER’S ATTORNEY- IN-FACT FOR THE PURPOSES OF TAKING (WITH NO OBLIGATION TO TAKE) LEGAL ACTION TO DISPOSSESS, EVICT, OR OTHERWISE REMOVE THE OCCUPANTS OF THE OWNER’S PROPERTY ASSOCIATION MAY DEEM NECESSARY TO ENFORCE COMPLIANCE WITH THE DEDICATORY INSTRUMENTS OF THE ASSOCIATION, INCLUDING, BUT NOT LIMITED TO, THIS INSTRUMENT.
a. Each Owner shall incorporate and each Lease shall contain the following: “The tenant (lessee) named in this lease and all occupants of the leased Property acknowledge and agree that each tenant and occupant of the leased Property is subject to the declaration, bylaws, rules and regulations (the “Dedicatory Instruments”) of the Turtle Cove Residential Association, Inc. (the “Association”) and that each of them has received a copy of such Dedicatory Instruments. The tenant (lessee) named in this lease and all occupants of the leased Property acknowledge and agree that each shall comply with all provisions of the Dedicatory Instruments of the Association and shall control the conduct of all the invitees, licensees, occupants and guests of the leased Property in order to ensure their compliance. Any violation of any of the Dedicatory Instruments of the Association, including, but not limited to, the Residency Requirement, the Cap, qualification of Tenants, and submission of the Association Rental Form and Fee (each as defined in the Dedicatory Instruments) may result in the Lease being null and void and without any liability whatsoever to the Association. Any violation of any of the Dedicatory Instruments of the Association, federal or state law, or local ordinance (each whether now in existence or enacted hereinafter) by the tenant (lessee), any occupant, any person living with the tenant (lessee), or any invitee or licensee of the tenant is deemed to be a default under the terms of the lease and authorizes the landlord (owner of the Property) the right to terminate the lease immediately without notice and with no liability whatsoever and the right to evict the tenant (lessee) in accordance with Texas law. The landlord (owner of the Property) hereby delegates and assigns to the Association, acting through its Board of Directors, the power and authority (but not the obligation) of enforcement against the tenant (lessee) for breaches resulting from the violation of any of the Dedicatory Instruments, federal or state law, or local ordinance (each whether now in existence or enacted hereinafter), including, but not limited to, the power and authority to evict the tenant (lessee) and occupants as the attorney-in-fact on behalf and for the benefit of the landlord (owner of the Property) at landlord’s (owner of the Property) sole cost and expense. The landlord (owner of the Property) transfers and assigns to the lessee, for the term of the lease, any and all rights and privileges that the landlord (owner of the Property) has to use any Common Area (as defined in the Dedicatory Instruments) including, but not limited to, the use of all recreational facilities and other amenities (if any).” In the event the above language is not expressly contained in the Lease, then such language shall be deemed as being incorporated into the Lease by virtue of this Instrument. Each Tenant, by occupancy of the Property, agrees to the incorporation of the above language into the Lease automatically. b. Any lease entered into without complete and full compliance of the Dedicatory Instruments of the Association and without compliance with this Instrument may be deemed void and of no force and effect and shall confer no interest in a Property to the purported tenant or lessee without any liability whatsoever to the Association.
a. The requirements within this Instrument do not constitute a guarantee or representation to other owners within Turtle Cove that Tenants or persons occupying Properties in Turtle Cove have not been convicted of a crime or are subject to deferred adjudication for a crime.
b. All current and future Owners, occupants, residents, licensees, guests and invitees of Turtle Cove understand and agree that the Association and its Board, officers, representatives, agents, employees and attorneys have no obligation to, and will not take any affirmative action to, perform any checks or investigations to determine if Owners, occupants, tenants, residents, licensees, guests or invitees have criminal backgrounds.
c. Each current and future Owner, occupant, resident, licensee, guest and invitee understands and agrees for himself/herself and his/her guests that the Association and its Board, officers, representatives, agents, employees and attorneys are not providers, insurers or guarantors of security within Turtle Cove. Each Owner, occupant, resident, licensee, guest and invitee accepts as his or her sole responsibility to provide security for their own person and property and assumes the risk for any and all loss or damage to same.
d. Each Owner, occupant, resident, licensee, guest and invitee is responsible for maintaining appropriate insurance coverage upon the Property.
e. Each Owner, by Leasing their Property within the Association, agrees to indemnify and hold harmless the Association and its Board of Directors from any and all causes of action, costs, fees, damages and lawsuits arising out of or in connection with (x) the Leasing of their Property, (y) action or omission by any Tenant, lessee, occupant, licensee, invitee or guest of the Property and (z) any and all decisions (or lack thereof) made by the Association in connection with Dedicatory Instruments or enforcement conducted (or lack thereof) by the Association of the Dedicatory Instruments (e.g., voiding a Lease for failure to comply with this Instrument).
a. It is not the intent of this Instrument to discriminate against any individual subject to protections under any state or federal law. If a court determines that any provision of this Instrument is in violation of any law, then that provision shall be interpreted to be as restrictive as possible to preserve as much of the original provision as allowed by law; provided, however, if the court determines that such provision cannot survive then the balance of this Instrument shall be enforceable and shall be enforced as if the parties intended at all times to delete said invalid provision.
b. The recitals to this Instrument are incorporated herein as part of this Instrument.
c. This Instrument shall be recorded in the Real Property Records of Rockwall County, Texas. d. In the event the Association decides not to default or take enforcement action such a decision shall not be construed as a waiver of the right of the Association to enforce this Instrument at a later time or under other circumstances or estop the Association from enforcing other covenants, restrictions or rules.
a. The Association shall provide notice of any violation of this Instrument to Owner and Owner shall have thirty (30) days from such notice to fully comply and resolve any violation. Except as otherwise expressly provided for herein, in the event such violation is not fully resolved in the Association’s sole, but reasonable discretion within such thirty (30) days, the Owner shall be liable for $200.00 per day per violation in damages as long as the violation(s) continues exclusive of out-of-pocket costs, administration costs, enforcement costs, attorney’s fees, and court costs and fees.
b. Any fine levied against an Owner shall be levied as a Special Individual Assessment in accordance with the Article V, Section 5.05 of the Declaration.
c. Any owner who violates these Restrictive Covenants Governing Leasing and Rental Properties may have their right to Lease their Property within the Association terminated. Prior to such termination, the Owner shall be provided a notice and opportunity to cure in accordance with Section 209.006 of the Texas Property Code.
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