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SUPPLEMENTS
20100709000706050 07/09/2010 03:18:35 PM CT 1/11
AFTER RECORD1NG, PLEASE RETURK TO:
Judd A. Austin, Jr. Henry Oddo Austin & Fletcher, P.c. 1700 Pacific Avenue Suite 2700 Dallas, Texas 75201
FIRST SUPPLEMENTAL CERTIFICATE AND MEMORANDUM OF RECORDING OF ASSOCIATION DOCUMENTS FOR THE
CHASE AT STONEBRIARHOMEOWNERS ASSOCIATION, I.i\'C.
STATE OF TEXAS § §
COUNTY OF COLLJN §
The undersigned, as attomey for the Chase at Stonebriar Homeowners Association, Inc., for
the purpose of complying with Section 202.006 of the Texas Property Code and to provide public
notice of the following instrument affecting the owners of property described on Exhibit "B"
attached hereto, hereby states that the instrument attached hereto is a true and COlTCC! copy of the
following:
Chase at Stonebriar Parking Policy, v2, Effective July 1, 2010 (Exhibit "A'').
All persons or entities holding an interest in and to any portion ofproperty described on
Exhibit "B" attached hereto are subject to the foregoing policy.
IN WITNESS WHEREOF, the Chase at Stonebriar Homeowners Association, Inc. has
caused this First Supplemental Certificate and Memorandum of Recording of Association
Documents to be filed of record. and supplements that certain Certificate and Memorandum of
Recording of Association Documents filed on August 4, 2009, as Instrument No.
20090804000976130 in the Official Public Records of Collin County. Texas.
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THE CHASE AT STONEBRIAR HOMEOWNERS ASSOCIATION, INC.
By:_--'.IL-"- _
Its:
STATE OF TEXAS § §
COUNTY OF DALLAS §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Thomas L. McCracken, attorney for the Chase at Stonebriar Homeowners Association, Inc., known to me to be the person whose name is subscribed Oll the foregoing instrument and acknowledged to me that he executed the same for the purposes therein expressed and in the capacity therein statecl.
GIVEN UNDER MY HAND AND AFFIRMED SEAL OF OFFICE on this 9th clay of July, 2010.
THE CHASE AT STO:-lEBRIAR HOMEOWNERS ASSOCIATION, INC.
d~<Y\1.~l__By:__-V---''---
?
_
Its: Attorney
STATE OF TEXAS § §
COUNTY OF DALLAS §
BEFORE ME. the undersigned Notary Public, on this day personally appeared Thomas L McCracken, attorney [or the Chase at Stoncbriar Homeowners Association, Inc., known to me to be the person whose name is subscribed on the foregoing instrument and acknowledged to me that he executed the same for the purposes therein expressed and in the capacity therein stated.
GIVEN lJNDER MY HAND AND AFFIRMED SEAL OF OFFICE on this 9th day ofJuly, 2010.
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EXHIBIT
Chase at Stonebriar Parking Policy v2 Effective July 1, 2010
The purpose of this policy is to regulate parking by Owners, lessees, Residents, and their Guests within the Chase at Stonebriar. This policy serves as a supplement to the restrictions contained in the Declaration of Covenants, Conditions and Restrictions for the Chase at Stonebriar, recorded as Instrument Number 2001-0156684 in the Real Property Records of Collin County, Texas (the "Declaration"). The Board of Directors is vested with the authority to promulgate this policy pursuant to Article VII, Section 7.3(b) of the Bylaws of the Chase at Stonebriar Homeowners Association, Inc. (the "Bylaws").
I. Definitions
A. Capitalized terms used in this policy shall have the meanings assigned to them in the Declaration or as follows:
1. "Abandoned Vehicle" shall mean any Motor Vehicle that has remained unattended in a Common Area parking lot or private street of Chase at Stonebriar or on any public street within the Community lor more than seventytwo (72) hours, and during that time has been inoperable OR has been illegally parked OR has not been displaying its own currently valid license plates.
2. "All-Terrain Vehicle" shall mean a small motor-driven Vehicle having one seat and three or more wheels with large tires, designed principally for off-road recreational use.
3. "Association" shall mean the Chase at Stonebriar Homeowners Association, Inc.
4. "Authorized Vehicle" shall mean any Vehicle whose owner or operator is registered to park it in the Chase at Stonebriar.
5. "Bicycle" shall mean a two- or three-wheeled Vehicle equipped with pedals that drive the rear wheel or wheels, and designed to be operated by human power.
6. "Board" shall mean the Board of Directors of the Chase at Stonebriar Homeowners Association, including its officers and agents.
7. "Boat" shall mean any vessel of any size designed for navigation on water. 8. "Bus" shall mean any Motor Vehicle designed to carry ten or more passengers
with an omnibus, commercial or bus license, g. "Camper" shall mean any Vehicle that is designed to be drawn or towed by a
car, truck or other Motor Vehicle and is intended or designed to be used as a temporary or permanent dwelling, but is typically smaller than a House Trailer.
10."Camp Truck" shall mean any self-propelled Camper. 11."Commercial Vehicle" shall mean any Motor Vehicle, particularly utility vans
and trucks (including, in this case, pickup trucks), designed specifically for commercial applications or carrying tools or equipment intended to be used in commercial applications, as well as any Motor Vehicle displaying advertising signs or other similar markings, including commercial weight limitations
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information. This term includes Buses, Taxicabs and any motor Vehicles that display names of firms or logos on the body of the vehicle, but does not include police or other governmental agency cars. Any Motor Vehicle with permanently mounted racks designed. intended or actually used to carry ladders, lumber, pipe, window panes or any other equipment or building materials is included in this term, unless the rack is completely empty and is painted to match the color of the rest of the vehicle.
12. "Flat Bed" shall mean a Motor Vehicle where the cargo box or any rear portion of the vehicle has been replaced by a deck. It may also have sideboards or stake-type side rails.
13. "Guest" shall mean the driver of any vehicle who is not an owner or resident of the Chase at Stonebriar. Guests staying longer than 3 nights are subject to the same regulations as Occupants.
14. "Junk Vehicle" shall mean any Motor Vehicle that, in its present state, does not meet the Texas Code vehicle equipment requtrements, or one that does not display currently valid license plates, regardless of condition.
15. "House Trailer" shall mean any Trailer or such Vehicle that is designed to be drawn or towed by a car, truck or other Motor Vehicle and is Intended or designed to be used as a temporary or permanent dwelling. but is typically larger than a Camper.
16. "Management Company" shall mean CMA or any other third party agent as may be designated by the Board of Directors.
17. "Moped" shall mean a two- or three-wheeled Bicycle that is designed to be operated by human power with the assistance of a motor. It is equipped with pedals that drive the rear wheel or Wheels, and a motor rated at 1.5 brake horsepower or less. If the motor is an internal combustion engine, its displacement is 50 cubic centimeters or less.
18. "Motorcycle" shall mean a Motor Vehicle with a single front wheel mounted in a fork assembly that passes through a frame steering bearing and to which is attached a handlebar or other directly operated steering device, and a single rear wheel or two rear wheels on a single axle (With a track width of 25 inches or less), propelled by an internal combustion engine rated at more than 1.5 brake horsepower and a displacement of at least 49 cubic centimeters. It has a seat straddled by the driver and, except for a windshield, does not have any provision for an enclosure for the driver or any passenger. It may have a detachable sidecar, but that is considered an accessory and not part of the Motorcycle.
19. "Motor Home" shall mean any Motor Vehicle designed and constructed primarily to provide temporary living quarters for recreational, camping or travel use.
20. "Motor Scooter" shall mean a small two-wheel non-pedal Vehicle with a stepthrough chassis and a seat for the operator, an automatic transmission and a motor rated at 2.7 brake horsepower or less. If the motor is an internal combustion engine, its displacement is 50 cubic centimeters or less. It is not typically an off-road vehicle.
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21. "Motor Vehicle" shall mean any self-propelled conveyance that Is not operated on rails but runs on tires and may be used for the transportation of persons or property on public roads and which is usually licensed by one of the fifty states.
22. "Occupant" shall refer to the Owner(s) of any Lot, or his/her Lessee(s), as assigned.
23. "Oversized Vehicle" shall mean any vehicle whose tires extend six (6) or more inches beyond the body, or has 6 or more tires, or any Vehicle which is wider than the width of one Parking Space and so extends past the painted lines, or any Vehicle which, because of its size, limits the view of the adjoining spaces or driveways.
24. "Owner(s)" shall mean the legal owner of the lot as recorded with the Collin County Tax Assessor.
25. "Park," "Parked," and "Parking" shall mean the temporary stopping and placement of a vehicle on one fixed location. Temporary connotes a short time frame generally not more than 72 hours, and indicates a Vehicle that is usually driven or operated on a daily basis.
26. "Parking Space" shall mean the physical area required to Park a single Vehicle. Such spaces are typically nine (9) feet in width and are generally presumed to extend about twenty (20) feet in length. It also applies to defined guest parking lots.
27. "Recreational Vehicle" shall mean any Vehicle intended primarily for recreational purposes. This term includes off-road Vehicles, Campers, Boats, Motor Homes, House Trailers and similar Vehicles.
28. "Resident" shall refer to any person, of any age, for whom a given Lot is the principal residence and legal address of the person.
29. "Scooter" shall mean a two-wheeled Vehicle that has handlebars and is designed to be stood on by the operator.
30. "Storage" shall mean the long-term placement of a Vehicle in a parking lot or other general location, although it may involve moving the Vehicle from one parking space \0 another in order to maintain the appearance of periodic use. In general, the Vehicle is unused for several days, weeks, or even longer periods of time.
31. "Taxicab" shall mean any Motor Vehicle designed to carry six or fewer passengers which is conspicuously marked as a taxicab or vehicle for hire and which has non-passenger license plates.
32. "Trailer" shall mean any Vehicle that is not self-propelled and is designed to carry persons or property and \0 be pulled or towed by a Motor Vehicle.
33. "Truck" shall mean any Motor Vehicle designed, used or maintained primarily to carry property, and having a load capacity greater than ';' ton OR having more than four (4) wheels OR having more than two (2) axles. This term does NOT include pickup trucks under 4,000 pounds tare weight with four (4) wheels, nor does it include multi-purpose passenger vehicles (sport utility vehicles).
34. "Unauthorized Vehicle" shall mean any Vehicle that is not an Authorized Vehicle.
35. "Van" shall mean a covered truck-like Motor Vehicle having a cab and aft section covered by a continuous roof.
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36. "Vehicle" shall mean any conveyance, either self propelled or towed, which may be used for the transportation of persons or property on public or private roads.
II. Guest and Visitors Parking Spaces A. The Board of Directors, in its discretion, may designate certain Parking areas as
guest or visitor parking. There are currently four Guest Parking areas within the Chase.
B. Parking areas so designated as guest or visitor parking are reserved exclusively for the use of non-Resident visitors from 7:00 p.m. to 7:00 a.m.. and Residents are prohibited from any use of these spaces during that time. Residents may use guest Parking Spaces during the daytime between the hours of 7:00 a.rn. and 7:00 p.rn,
C. Overnight parking by Guests shall be strictly limited to Guest Parking areas or the spaces directly in front of Occupant's address.
III. Parking Rules
These rules and regulations are applicable to the guests and visitors of Residents and Occupants, as well as the Residents and Occupants themselves. As applicable, Owners are required to notify Lessees of the parking rules and regulations.
A. All vehicles of Occupants and Residents shall be kept in garages or residential driveways of the Occupants wherever and whenever such facilities are sufficient to accommodate the number of vehicles. In the event the garage and driveway is insufficient for parking, temporary daytime parking shall be allowed on the street between 7 a.rn. and 10 p.m. provided said parking is in front of Occupants property.
B. All Motor Vehicles Parked in Guest Parking areas or on streets shall display current license plates, inspection and registrations stickers, and be maintained in proper operating condition so as to not be a hazard or a nuisance by reason of noise, exhaust emissions or appearance.
C. No Vehicle shall be Parked in any location where Parking is prohibited by sign or painted curb.
D. No Parking is permitted on lawns or sidewalks.
E. No Vehicle Parked in a Guest Parking area shall be parked in any manner that unreasonably interferes with or impedes ready vehicular access.
F. All Vehicles Parked in a Guest Parking area must be Parked entirely within the bounds of a single Parking Space.
G. No Vehicle Parked in a Guest Parking area may occupy more than a single Parking Space.
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H. No part of a Vehicle Parked in a Guest Parking area, nor its contents, shall protrude beyond the bounds of a single Parking Space, including beyond the curb.
I.� No overnight (10 p.m. to 7:00AM) parking shall be allowed on any street except:
i.� Overnight Guests of Occupants and Residents may park on streets in front of Occupants property or Guest parking lots for up to 72 hours after which Guest vehicles are subject to the same restrictions as Residents and Occupants. Care givers or others who are repeat overnight parkers are considered Residents and are SUbject to the same rules as Occupants and Residents.
J.� No Vehicle can park blocking sidewalks, driveways, mailboxes, or handicapped ramps.
K.� No Vehicle can park on the driveway apron (the paved sloped area between the street and the sidewalk).
L.� No Vehicle may park within 10 feet of any street intersection or any street alley intersection.
IV. Prohibited Vehicles
A. The following, as defined in section I, are prohibited from Parking anywhere within the Property, including in Common Area parking lots and streets (except within a garage). Commercial Vehicles and Trucks parked for short durations such as delivery or trade workers are exempt, however overnight Parking is not permitted unless preapproved in writing by the management company.
Prohibited Vehicles:
1.� Junk Vehicles; 2.� Commercial Vehicles, including Buses and commercial Vans; 3.� Trucks and Flatbeds; 4.� unlicensed Vehicles; 5.� inoperable or disabled Vehicles, including any Motor Vehicle which would not
pass the applicable state inspection criteria; 6.� Trailers; 7.� Camp Trucks and Campers; 8. House Trailers;� 9, Boats or Boat trailers;� 10.machinery or heavy equipment of any kind (such as welders);� 11.ATV;�
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12. Bus; 13. Recreational Vehicles or Motor Homes; and� 14.Oversized Vehicles.�
B. Any Motor Vehicle with a permanently mounted rack used to carry tools, equipment or building materials is generally considered a Commercial Vehicle and is therefore prohibited, unless the rack is completely empty and is painted to match the color of the rest of the vehicle. However, this prohibition does not apply to passenger vehicles with permanently mounted racks intended to canry luggage or recreational equipment such as skis, surfboards or light watercraft such as canoes and kayaks. lt also does not apply to passenger vehicles with a rack installed on a temporary basis, even if used for tools, equipment or building materials, as long as the rack is removed within a 48-hour period.
C. If a blank magnetic sign or hard cover made of plastic or similar material is used to hide lettering or other markings on the side of a Commercial Vehicle, such a cover shall be the same color as the vehicle and shall completely obscure said markings. Likewise, if a soft vehicle cover made of canvas or similar material is used to obscure a Commercial Vehicle, it shall completely hide any aspect of the Vehicle that qualifies it as a Commercial Vehicle. The cover shall be completely opaque, even when wet, and when the vehicle is covered it should not be apparent in any way to a casual observer that the vehicle is a Commercial Vehicle. Such an obscured Commercial Vehicle is not actually permitted, but from a practical standpoint, if a Vehicle cannot be identified by casual observation as a Commercial Vehicle then it cannot be legally differentiated from a non-commercial vehicle.
V. Automotive Repairs Except for bona fide emergencies, the repair or extraordinary maintenance of Motor Vehicles shall not be carried on anywhere within the Property, including in Common Area parking lots and private streets as well as on public streets and private lots (except within a garage). Any Vehicle leaking oil, gasoline. or other automotive fluid upon the pavement of a Common Area parking lot or private street is subject to immediate towinq and removal. The cost of cleanup of such leakage may be charged to the responsible Occupant at the discretion of the Board of Directors. The cost of removal of the Vehicle will be the responsibility of the owner of the Vehicle.
VI. Motorcycles
A. Motorcycles shall not be Parked on sidewalks, front or side lawns, or between parallel Parked cars. Motorcycles Parked in a Common Area parking lot may be Parked within the same Parking Space as another Vehicle as long as it does not interfere with another Parking Space or another Vehicle and does not extend beyond the bounds of the Parking Space. Motorcycles shall be Parked with the kickstand on the concrete gutter or with a pad placed under the kickstand so as to avoid damage to the asphalt.
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B. All-Terrain Vehicles, Motor Scooters, Mopeds and other similar unlicensed Vehicles shall not be Parked overnight or Stored on sidewalks, driveways, front or side lawns, or in any Common Area parking lot or private street.
VII. Penalties
Enforcement of all parking rules and regulations of the Association is the responsibility of the Board of Directors or its assigned agent or Management Company. Any illegally Parked Vehicle is subject to warning, fines, or removal and towing, as determined by the Board of Directors or its agent. Any assessment of fines is the sole responsibility of property Owner.
A. Prohibited Vehicles
1. Parked in driveways An identified Prohibited Vehicle will cause a Certified warning letter to be sent to the Occupant at the property address after verification by a representative Board member. Occupant will be asked to move the vehicle off property within 7 days after which a fine will be imposed of up to $250 per instance.
2. Parked in Guest Parking or on the Street.� The Management Company will attempt interface with the responsible Occupant, If known,� advising that the vehicle must be moved within 24 hours. The Board wilt then vote to remove the� vehicle or take other action and instruct the Management Company accordingly.�
B. Improper Parking
Stage 1
Reported violation by an Occupant or Resident of the neighborhood or Management Company. Report may come into a Board member or direct to the Management Company. Violation is valrdated by a Beard member from the Patio Homes or the Town Homes respectively.
Courtesy letter goes out to Property Occupant and lor Owner.
Stage 2
Repeat of same violation. Same validation as Stage 1. Second letter goes out, automatic $50 fine.
Stage 3
Repeat violation with verification. Automatic $250 fine and warning that vehicle will be towed.
C, Towing In the case that towing is authorized, the management company shall contract a towing company to provide towing service for the Chase at Stonebriar. Any Vehicle in violation of the parking rules and regulations is SUbject to being towed as defined above at the vehicle owner's risk and expense. All costs of towing, damages due to towing, storage of the vehicle after towing, and retrieval of the vehicle, or other applicable and/or
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appropriate charges shall be the responsibility of the owner of the vehicle. The vehicle owner, by parking in violation of the parking rules and regulations, specifically releases and holds harmless the Association, the Board, and the Management Company for any costs, damage or storage as a result of such violation and towing.
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EXIIIBITB
Those tracts and parcels ofrea1 property located in the City ofFrisco, Collin County, Texas and more particularly described as follows:
(a)� All real property subject to the Declaration of Covenants, Conditions and Restrictions for the Chase at Stonebriar, executed by Hillwood RLD, L.P., as Declarant, recorded on December 6, 200 I, as Document No. 2001-ell 56684, and filed in Volume 5060, Page 2793, et seq., in the Real Property Records of Collin County, Texas, and any and all amendments thereto or supplements thereof; and
(b)� All lots and tracts ofland situated in THE CHASE AT STONEBRIAR, an Addition to the City of Frisco, Collin County, Texas, accordmg to the Map or Plat thereof recorded in Cabinet 0, Page 231, Map Records of Collin County, Texas, being a replat of TIlE CHASE AT STONEBRJAR, an Addition to the City of Frisco, Collin County, Texas, according to the Map or Pial thereof recorded in Cabinet N, Page 435, Map Records of Collin County, Texas.
Filed� and Recorded Ofticial Public Records Stacey Kemp, County Clerk Collin County, TEXAS 07/0912010 03:18:35 PM $56.00 DLAIRD 201007119000706050
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OTHER PERTINENT
INFORMATION
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AFTER RECORDING, PLEASE RETURN TO:
Judd A. Austin, Jr. Henry Oddo Austin & Fletcher, P,e. 1700 Pacific Avenue Suite 2700 Dallas, Texas 75201
CERTIFICATE AND MEMORANDUM OF RECORDING OF ASSOCIATION DOCUMENTS FOR THE CHASE
AT STONEBRIAR HOMEOW~ERS ASSOCIATION, INC.
STATE OF TEXAS § §
COlNTIES OF COLLIN §
The undersigned, as attorney for the Chase at Stonebriar Homeowners Association, Inc., for
the purpose of complying with Section 202.006 of the Texas Property Code and to provide public
notice of the following instrument affecting the owners of property described on Exhibit "B"
attached hereto, hereby states that the instrument attached hereto is a true and correct copy of the
following:
Chase at Stonebriar Parking Policy, Effective August 1, 2009 (Exhibit HA").
Ali persons or entities holding an interest in and to any portion of property described on
Exhibit "13" attached hereto are subject to the foregoing policy.
IN WITNESS WHEREOF. the Chase at Stonebriar Homeowners Association, Inc, has
caused this Certificate and Memorandum ofRecorcling ofAssociation Documents to be effective as
of August 1, 2009
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2009
THE CHASE AT STONEBRIAR HOMEOWNERS ASSOCIAnON, INC.
By eY ~ Y_L~~~~_ Its: Attorney
STATE OF TEXAS § §
COUNTY OF DALLAS §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Thomas L. McCracken, attorney for the Chase at Stonebriar Homeowners Association, Inc., known to me to be the person whose name is subscribed on the foregoing instrument and acknowledged to me that he executed the same for the purposes therein expressed and in the capacity therein stated,
GNEN UNDER MY HAND AND AFFIRMED SEAL OF OFFICE on this 31st day ofJuly,
df0rM/~"",---Notary Public, Sf;te of Texas
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EXHIBIT
Chase at 5tonebriar Parking Policy Effective August 1,2009
The purpose of this policy is to regulate parking by Owners, Lessees, Residents, and their Guests within the Chase at Stonebriar. This policy serves as a supplement to the restrictions contained in the Declaration of Covenants, Conditions and Restrictions for the Chase at Stonebriar, recorded as Instrument Number 2001-0156684 in the Real Property Records of Collin County, Texas (the "Declaration"). The Board of Directors is vested with the authority to promulgate this policy pursuant to Article VII, Section 7.3(b) of the Bylaws of the Chase at Stonebriar Homeowners Association, Inc. (the "Bylaws").
I. Definitions
A. Capitalized terms used in this policy shall have the meanings assigned to them in the Declaration or as follows:
1. "Abandoned Vehicle" shall mean any Motor Vehicle that has remained unattended in a Common Area parking lot or private street of Chase at Stonebriar or on any public street within the Community for more than seventytwo (72) hours, and during that time has been inoperable OR has been illegally parked OR has not been displaying its own currently valid license plates.
2. "All-Terrain Vehicle" shall mean a small motor-driven Vehicle having one seat and three or more wheels with large tires, designed principally for off-road recreational use.
3. "Association" shall mean the Chase at Stonebriar Homeowners Association, Inc.
4. "Authorized Vehicle" shall mean any Vehicle whose owner or operator is registered to park it in the Chase at Stonebriar.
5. "Bicycle" shall mean a two- or three-wheeled Vehicle equipped with pedals that drive the rear wheel or wheels, and designed to be operated by human power.
6. "Board" shall mean the Board of Directors of the Chase at Stonebriar Homeowners Association, including its officers and agents.
7. "Boat" shall mean any vessel of any size designed for navigation on water. 8. "Bus" shall mean any Motor Vehicle designed to carry ten or more passengers
with an omnibus, commercial or bus license. 9. "Camper" shall mean any Vehicle that is designed to be drawn or towed by a
car, truck or other Motor Vehicle and is intended or designed to be used as a temporary or permanent dwelling, but is typically smaller than a House Trailer.
10. "Camp Truck" shall mean any self-propelled Camper. 11. "Commercial Vehicle" shall mean any Motor Vehicle, particularly utility vans
and trucks (including, in this case, pickup trucks), designed specifically for commercial applications or carrying tools or equipment intended to be used in commercial applications, as well as any Motor Vehicle displaying advertising signs or other similar markings, including commercial weight limitations
information. This term includes Buses, Taxicabs and any motor Vehicles that display names of firms or logos on the body of the vehicle, but does not include police or other governmental agency cars. Any Motor Vehicle with permanently mounted racks designed, intended or actually used to carry ladders, lumber, pipe, window panes or any other equipment or building materials is included in this term, unless the rack is completely empty and is painted to match the color of the rest of the vehicle.
12."Flat Bed" shall mean a Motor Vehicle where the cargo box or any rear portion of the vehicle has been replaced by a deck. It may also have sideboards or stake-type side rails.
13. "Guest" shall mean the driver of any vehicle who is not an owner or resident of the Chase at Stonebriar. Guests staying longer than 3 nights are subject to the same regulations as Occupants,
14. "Junk Vehicle" shall mean any Motor Vehicle that, in its present state, does not meet the Texas Code vehicle equipment requirements, or one that does not display currently valid license plates, regardless of condition.
15."House Trailer" shall mean any Trailer or such Vehicle that is designed to be drawn or towed by a car, truck or other Motor Vehicle and is intended or designed to be used as a temporary or permanent dwelling, but is typically larger than a Camper.
16. "Management Company" shall mean CMA or any other third party agent as may be designated by the Board of Directors.
17."Moped" shall mean a two- or three-wheeled Bicycle that is designed to be operated by human power with the assistance of a motor. It is equipped with pedals that drive the rear wheel or wheels, and a motor rated at 1.5 brake horsepower or less. If the motor is an internal combustion engine, its displacement is 50 cubic centimeters or less.
18."Motorcycle" shall mean a Motor Vehicle with a single front wheel mounted in a fork assembly that passes through a frame steering bearing and to which is attached a handlebar or other directly operated steering device, and a single rear wheel or two rear wheels on a single axle (with a track width of 25 inches or less), propelled by an internal combustion engine rated at more than 1.5 brake horsepower and a displacement of at least 49 cubic centimeters. It has a seat straddled by the driver and, except for a windshield, does not have any provision for an enclosure for the driver or any passenger. It may have a detachable sidecar, but that is considered an accessory and not part of the Motorcycle.
19."Motor Home" shall mean any Motor Vehicle designed and constructed primarily to provide temporary living quarters for recreational, camping or travel use.
20. "Motor Scooter" shall mean a small two-wheel non-pedal Vehicle with a stepthrough chassis and a seat for the operator, an automatic transmission and a motor rated at 2.7 brake horsepower or less. If the motor is an internal combustion engine, its displacement is 50 cubic centimeters or less. It is not typically an off-road vehicle.
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21. "Motor Vehicle" shall mean any self-propelled conveyance that is not operated on rails but runs on tires and may be used for the transportation of persons or property on pubiic roads and which is usually licensed by one of the fifty states.
22. "Occupant" shall refer to the Owner(s) of any Lot, or his/her Lessee(s), as assigned.
23. "Oversized Vehicle" shall mean any vehicle whose tires extend six (6) or more inches beyond the body, or has 6 or more tires, or any Vehicle which is wider than the width of one Parking Space and so extends past the painted lines, or any Vehicle which, because of its size, limits the view of the adjoining spaces or driveways.
24. "Owner(s)" shall mean the legal owner of the lot as recorded with the Collin County Tax Assessor.
25. "Park," "Parked," and "Parking" shall mean the temporary stopping and placement of a vehicle on one fixed location. Temporary connotes a short time frame generally not more than 72 hours, and indicates a Vehicle that is usually driven or operated on a daily basis.
26. "Parking Space" shall mean the physical area required to Park a single Vehicle. Such spaces are typically nine (9) feet in width and are generally presumed to extend about twenty (20) feet in length. It also applies to defined guest parking lots.
27. "Recreational Vehicle" shall mean any Vehicle intended primarily for recreational purposes. This term includes off-road Vehicles. Campers, Boats, Motor Homes, House Trailers and similar Vehicles.
28. "Resident" shall refer to any person, of any age, for whom a given Lot is the principal residence and legal address of the person.
29. "Scooter" shall mean a two-wheeled Vehicle that has handlebars and is designed to be stood on by the operator.
30. "Storage" shall mean the long-term p.acernent of a Vehicle in a parking lot or other general location, although it may involve moving the Vehicle from one parking space to another in order to maintain the appearance of periodic use. In general, the Vehicle is unused for several days, weeks, or even longer periods of time.
31. "Taxicab" shall mean any Motor Vehicle designed to carry six or fewer passengers which is conspicuously marked as a taxicab or vehicle for hire and which has non-passenger license plates.
32. "Trailer" shall mean any Vehicle that is not self-propelled and is designed to carry persons or property and to be pulled or towed by a Motor Vehicle.
33. "Truck" shall mean any Motor Vehicle designed, used or maintained primarily to carry property, and having a load capacity greater than :y. ton OR having more than four (4) wheels OR having more than two (2) axles. This term does NOT include pickup trucks under 4,000 pounds tare weight with four (4) wheels, nor does it include multi-purpose passenger vehicles (sport utility vehicles).
34. "Unauthorized Vehicle" shall mean any Vehicle that is not an Authorized Vehicle.
35. "Van" shall mean a covered truck-like Motor Vehicle having a cab and aft section covered by a continuous roof.
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36. "Vehicle" shall mean any conveyance, either self propelled or towed, which may be used for the transportation of persons or property on public or private roads.
II. Guest and Visitors Parking Spaces A. The Board of Directors, in its discretion, may designate certain Parking areas as
guest or visitor parking. There are currently four Guest Parking areas within the Chase.
B. Parking areas so designated as guest or visitor parking are reserved exclusively for the use of non-Resident visitors from 7:00 p.m. to 7:00 a.m., and Residents are prohibited from any use of these spaces during that time. Residents may use guest Parking Spaces during the daytime between the hours of 7:00 a.m. and 7:00 p.m.
C. Overnight parking by Guests shall be strictly limited to Guest Parking areas or the spaces directly in front of Occupant's address.
III. Parking Rules
These rules and regulations are applicable to the guests and visitors of Residents and Occupants, as well as the Residents and Occupants themselves. As applicable, Owners are required to notify Lessees of the parking rules and regulations.
A. All vehicles of Occupants and Residents shall be kept in garages or residential driveways of the Occupants wherever and whenever such facilities are sufficient to accommodate the number of vehicles. In the event the garage and driveway is insufficient for parking, temporary daytime parking shall be allowed on the street between 7:00 a.m. and 7:00 p.m. provided said parking is in front of Occupants property.
B. All Motor Vehicles Parked in Guest Parking areas or on streets shall display current license plates. inspection and registrations stickers, and be maintained in proper operating condition so as to not be a hazard or a nuisance by reason of noise, exhaust emissions or appearance.
C. No Vehicle shall be Parked in any location where Parking is prohibited by sign or painted curb.
D. No Parking is permitted on lawns or sidewalks.
E. No Vehicle Parked in a Guest Parking area shall be parked in any manner that unreasonably interferes with or impedes ready vehicular access.
F. All Vehicles Parked in a Guest Parking area must be Parked entirely within the bounds of a single Parking Space.
G. No Vehicle Parked in a Guest Parking area may occupy more than a single Parking Space.
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H. No part of a Vehicle Parked in a Guest Parking area, nor its contents, shall protrude beyond the bounds of a single Parking Space, including beyond the curb.
I. No overnight (7:00 p.m. to 7:00AM) parking shall be allowed on any street except:
i. Overnight Guests of Occupants and Residents may park on streets in front of Occupants property or Guest parking lots for up to 72 hours after which Guest vehicles are subject to the same restrictions as Residents and Occupants. Care givers or others who are repeat overnight parkers are considered Residents and are subject to the same rules as Occupants and Residents.
J. No Vehicle can park blocking sidewalks, driveways, mailboxes, or handicapped ramps.
K. No Vehicle can park on the driveway apron (the paved sloped area between the street and the sidewalk).
L. No Vehicle may park will-lin 10 feet of any street intersection or any street alley intersection.
IV. Prohibited Vehicles
A. The following, as defined in section I, are prohibited from Parking anywhere within the Property, including in Common Area parking lots and streets (except within a garage). Commercial Vehicles and Trucks parked for short durations such as delivery or trade workers are exempt, however overnight Parking is not permitted unless preapproved in writing by the management company.
Prohibited Vehicles:
1. Junk Vehicles; 2. Commercial Vehicles, including Buses and cornmercial Vans; 3 Trucks and Flatbeds; 4. unlicensed Vehicles; 5. inoperable or disabled Vehicles, including any Motor Vehicle which would not
pass the applicable state inspection criteria; 6. Trailers; 7. Camp Trucks and Campers; 8. House Trailers; 9. Boats or Boat trailers; 10.machinery or heavy equipment of any kind (such as welders); 11.ATV;
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12. Bus; 13. Recreational Vehicles or Motor Homes; and 14. Oversized Vehicles.
B. Any Motor Vehicle with a permanently mounted rack used to carry tools, equipment or building materials is generally considered a Commercial Vehicle and is therefore prohibited, unless the rack is completely empty and is painted to match the color of the rest of the vehicle. However, this prohibition does not apply to passenger vehicles with permanently mounted racks intended to carry luggage or recreational equipment such as skis, surfboards or light watercraft such as canoes and kayaks. It also does not apply to passenger vehicles with a rack installed on a temporary basis, even if used for tools, equipment or building materials, as long as the rack is removed within a 48-hour period.
C. If a blank magnetic sign or hard cover made of plastic or similar material is used to hide lettering or other markings on the side of a Commercial Vehicle, such a cover shall be the same color as the vehicle and shall completely obscure said markings. Likewise, if a soft vehicle cover made of canvas or similar material is used to obscure a Commercial Vehicle, it shall completely hide any aspect of the Vehicle that qualifies it as a Commercial Vehicle. The cover shall be completely opaque, even when wet, and when the vehicle is covered it should not be apparent in any way to a casual observer that the vehicle is a Commercial Vehicle. Such an obscured Commercial Vehicle is not actually permitted, but from a practical standpoint, if a Vehicle cannot be identified by casual observation as a Commercial Vehicle then it cannot be legally differentiated from a non-commercial vehicle.
V. Automotive Repairs Except for bona fide emergencies, the repair or extraordinary maintenance of Motor Vehicles shall not be carried on anywhere within the Properly, including in Common Area parking lots and private streets as well as on public streets and private lots (except within a garage). Any Vehicle leaking oil, gasoline, or other automotive fluid upon the pavement of a Common Area parking lot or private street is subject to immediate towing and removal. The cost of cleanup of such leakage may be charged to the responsible Occupant at the discretion of the Board of Directors. The cost of removal of the Vehicle will be the responsibility of the owner of the Vehicle.
VI. Motorcycles
A. Motorcycles shall not be Parked on sidewalks, front or side lawns, or between parallel Parked cars. Motorcycles Parked in a Common Area parking lot may be Parked within the same Parking Space as another Vehicle as long as it does not interfere with another Parking Space or another Vehicle and does not extend beyond the bounds of the Parking Space. Motorcycles shall be Parked with the kickstand on the concrete gutter or with a pad placed under the kickstand so as to avoid damage to the asphalt.
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B. All-Terrain Vehicles, Motor Scooters, Mopeds and other similar unlicensed Vehicles shall not be Parked ovemight or Stored on sidewalks, driveways, front or side lawns, or in any Common Area parking lot or private street.
VII. Penalties
Enforcement of all parking rules and regulations of the Association is the responsibility of the Board of Directors or its assigned agent or Management Company. Any illegally Parked Vehicle is subject to warning, fines, or removal and towing, as determined by the Board of Directors or its agent. Any assessment of fines is the sale responsibility of property Owner.
A. Prohibited Vehicles
1. Parked in driveways An identified Prohibited Vehicle will cause a Certified waming letter to be sent to the Occupant at the property address after verification by a representative Board member. Occupant will be asked to move the vehicie off property within 7 days after which a fine will be imposed of up to $250 per instance.
2. Parked in Guest Parking or on the Streel. The Management Company will attempt interface with the responsible Occupant, if known, advising that the vehicle must be moved within 24 hours. The Board will then vote to remove the vehicle or take other action and instruct the Management company accordingly.
B. Improper Parking
Stage 1
Reported violation by an Occupant or Resident of the neighborhood or Management Company. Report may come into a Board member or direct to the Management Company. Violation is validated by a Board member from the Patio Homes or the Town Homes respectively.
Courtesy ietter goes out to Properly Occupant and Jor Owner.
Stage 2
Repeat of same violation. Same validation as Stage 1. Second letter goes out.
Stage 3
Repeat violation with verification. Automatic $50 fine and waming that vehicle will be towed.
Stage 4
Repeat violation with verification. Board votes to authorize towing.
C. Towing In the case that towing is authorized, the management company shall contract a towing company to provide towing service for the Chase at Stonebriar. Any Vehicle in violation of the parking rules and regulations is subject to being towed as defined above at the
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vehicle owner's risk and expense, All costs of towing, damages due to towing, storage of the vehicle after towing, and retrieval of the vehicle, or other applicable and/or appropriate charges shall be the responsibility of the owner of the vehicle, The vehicle owner, by parking in violation of the parking rules and regulations, specifically releases and holds harmless the Association, the Board, and the Management Company for any costs, damage or storage as a result of such violation and towing,
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EXHIBITB
Those tracts and parcels of real property located in the City of Prisco, Collin County, Texas and more particularly described as follows:
(a) All real property subjcctto the Declaration ofCovenants, Conditions and Restrictions for the Chase at Stonebriar, executed by Hillwood RLD, L.P., as Declarant, recorded on December 6,2001, as Document No. 2001-0156684, and filed in Volume 5060, Page 2793, et seq., in the Real Property Records of Collin County, Texas, and any and all amendments thereto or supplements thereof; and
(b) All lots and tracts of land situated in THE CHASE AT STONEBRJAR, an Addition to the City of Frisco, Collin County, Texas, according to the Map or Plat thereof recorded in Cabinet 0, Page 231, Map Records of Collin County, Texas, being a replat of THE CHASE AT STONEBRJAR, an Addition to the City of Frisco, Collin County, Texas, according to the Map or Plat thereof recorded in Cabinet N, Page 435, Map Records of Collin County, Texas.
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F 1 i eel and Recorded at f r c i a l Purb Lr c Records
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