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CAUSE NO. 23-03-04122
TAVOLA COMMUNITY ASSOCIATION, § IN THE DISTRICT COURT
INC. §
§
VS. § MONTGOMERY COUNTY, TEXAS
§
TAMEKA GERMELLE BUTLER § 284™ JUDICIAL DISTRICT
§
PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
COMES NOW, TAVOLA COMMUNITY ASSOCIATION, INC. (“Plaintiff”), and files this
Motion for Default Judgment seeking a Default Judgment against TAMEKA GERMELLE BUTLER (the
“Defendant”), and in support thereof would respectfully show unto the Court the following:
NATURE OF CASE
1 Plaintiff is responsible for collecting assessments and enforcing the restrictive
covenants for Tavola, a residential subdivision in Montgomery County, Texas (the “Subdivision”.
2 The Tavola Community Association, Inc. Revised and Restated Declaration of
Covenants, Conditions, and Restrictions, as supplemented and amended from time to time
(collectively the “Declaration”) establishing the covenants, conditions, and restrictions governing
ownership of real property located in the Subdivision is recorded in the office of the County Clerk.!
3 The Declaration is meant to establish a uniform plan for development, improvement,
and use ofall Lots in the Subdivision and to ensure the preservation of such uniform plan to benefit
all present and future owners.
4 Pursuant to the Declaration each lot in the Subdivision is subject to an annual
"The Declaration is attached to the Affidavit of Joni Pursley collectively as Exhibit “A-1."
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assessment. These assessments, together with interest, late fees, penalties, costs, and reasonable
attorneys’ fees are a continuing lien upon the property against which each such assessment is made
and also constitutes the personal obligation of the owner ofsuch property. Plaintiffis entitled to
bring an action seeking a personal judgment against property owners for all delinquent assessments
and other charges due and owing, as well as an action seeking to foreclose its lien. Sections
204.010(a)(9)- Section 204.010(a)(11) of the Texas Property Code provides that Plaintiff may
impose and receive payments, fees, or charges for the use, rental, or operation of common area and
for services provided to owners of real property in the Subdivision.
5 Defendant, TAMEKA GERMELLE BUTLER is the owner of property located within the
Subdivision more specifically described in the Special Warranty Deed attached as Exhibit “A-2"
6 This action is a suit to collect past-due unpaid assessments owed by Defendants.
7 This case was filed on March 20, 2023.
8 Although Defendant’s answer deadline has now passed, Defendant has yet to file
an answer in this case.
9 The citation and return of service has been on file with the clerk of the Court more
than ten days, exclusive of the day of filing and the day of judgment. TEX. R. Clv. P. 107.
10. At any time after Defendant is required to answer, Plaintiff
may take judgment by
default against a Defendant if any Defendant has not previously filed an answer. TEX. R. Clv. P.
239.
EVIDENCE
ll. The pleadings, the affidavit of Joni Pursley, the affidavit of Brandi J. Croffie, along
2A Special Warranty Deed is attached to the Affidavit of Joni Pursley as Exhibit “A-2”.
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with the other exhibits attached to this Motion, show that Plaintiffis entitled to recover a judgment
against Defendant for the amount of unpaid assessments, late fees, interest, costs, and attorneys’ fees
DEFAULT
12. Defendants have failed to pay all assessments due and owing to Plaintiff. As a
result of Defendants’ failure to pay assessments, Plaintiff retained the services of Hoover Slovacek
LLP to prosecute an action on its behalfto collect all sums due and owing to Plaintiff.
13, Pursuant to Article V of the Declaration, Plaintiff seeks recovery of annual
assessments in the amount of $2,400.00 through the date of judgment.
14, Pursuant to Article V of the Declaration, Plaintiff seeks recovery of interest/finance
charges and late fees in the amount of $832.28, through the date of judgment.
15. Pursuant to Article V of the Declaration, Plaintiff seeks recovery of costs in the
amount of $576.29, through the date of judgment.
16. All payments, offsets and credits have been applied to Defendant’s assessment
account leaving a balance of $3,808.57 as assessments, together with interest, late fees, penalties,
and costs through the date of judgment.’
Lien
17. Pursuant to the Declaration, Plaintiff has a lien for all unpaid assessments, interest,
cost, and reasonable attorneys’ fees that is superior to that of any homestead claim.’ Accordingly,
Plaintiff requests an Order of Sale to enforce its lien against the Property.
NOTICE
3 Defendant’s account history is attached to the Affidavit of Joni Pursley as Exhibit “A-3.”
* Inwood North Homeowners’ Association, Inc, v, Harris, 736 S.W.2d 632, 635-637 (Tex. 1987)
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18. As a result of Defendant’s failure to cure the assessment delinquency, Plaintiff
retained the services of Hoover Slovacek LLP to prosecute an action on its behalf seeking a
permanent injunction and all sums due and owing to Plaintiff. Plaintiff made written demand upon
Defendant requesting that Defendant pay the past-due balance more than thirty days before filing
suit.’ Accordingly, Defendant was provided ample opportunity to cure bring the account balance
current before Plaintiff was forced to bring this suit to enforce the Declaration.
ATTORNEYS! FEES
19, Plaintiff is entitled to recover its attorneys’ fees incurred in collection of unpaid
assessments as part of the assessments chargeable against the property as provided by the
Declaration. Such reasonable and necessary fees are set forth and enumerated in the Affidavits of
Joni Pursley and Brandi J. Croffie, Exhibits “A” and “B” hereto, both of which are specifically
incorporated herein as though fully set forth at length.
20. In addition, Plaintiff has pled for and is entitled to attorneys’ fees pursuant to
§38.001 ef seq., of the Texas Civil Practice & Remedies Code, in that Defendant has a debt owing
to Plaintiff, and more than thirty (30) days before trial herein, demand was made upon Defendant
for payment of the unpaid assessments, collection costs and reasonable attorneys’ fees, and also
pursuant to §5.006 and §204.011 of the Texas Property Code. Payment was not made before the
expiration of thirty (30) days after demand was made and before suit was filed herein.
PRAYER
For these reasons, Plaintiff prays that:
1 Plaintiff be granted judgment against Defendant in the
5 ‘True and correct copies of demand letters sent to the Defendant are attached to the Affidavit of Joni Pursley
as Exhibit “A-4" and the Affidavit of Brandi J. Croffie as Exhibits “B-1" and “B-2".
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amount of $3,808.57 in past-due assessments, together with
interest, and costs as authorized by the Declaration and
Section 204.010(a)(9) and 204.010(a)(10) of the Texas
Property Code;
ii Plaintiffbe granted judgment for all costs of Court expended
by Plaintiff herein;
iii. Plaintiffbe granted judgment for post-judgment interest at the
highest rate of interest allowed by law on the total amount of
the judgment from the date of judgment until paid;
iv Plaintiff be granted judgment establishing and foreclosing
the
lien securing Defendant’s obligation to Plaintiff as
established herein, and for an order of sale and writ of
possession on Defendant for the Property, with a further order
that the proceeds of such sale be applied against the total
amount of Plaintiff's claim as set forth herein, including
interest and attorney fees; and
All such other and further relief, at law or in equity, general
or special, to which Plaintiff may show itself justly entitled.
Respectfully submitted,
HOOVER SLOVACEK LLP
By: Kid [5 ye
am pI J/CRorrik ”
ie Bar No. 24082873
5051 Westheimer, Suite 1200
Houston, Texas 77056
Telephone: 713-977-8686
Facsimile: 713-977-5395
croffie@hooverslovacek.com
ATTORNEYS FOR PLAINTIFF
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CERTIFICATE OF SERVICE
On the 27" day of July, 2023, a true and correct copy of Plaintiff's Motion for Default
Judgment was mailed to Defendant via certified mail, return receipt requested, and first class mail
at the following address(es):
Via CM/RRR and First Class U.S. Mail
Tameka Germelle Butler CMRBR: AS SIT OF 10 $3.70 o4y 793 é‘
23922 Olivenza Trail Os
New Caney, Texas 77357
s/ Brandi J. Croffie
Brandi J. Croffie
CAUSE NO. 23-03-04122
TAVOLA COMMUNITY ASSOCIATION, § IN THE DISTRICT COURT
INC. §
vs. § MONTGOMERY COUNTY, TEXAS
TAMEKA GERMELLE BUTLER § 284™ JUDICIAL DISTRICT
§
AFFIDAVIT OF JONI PURSLEY
THE STATE OF TEXAS §
COUNTY OF MONTGOMERY §
BEFORE ME, the undersigned authority, on this day personally appeared Joni Pursley who,
being by me first duly sworn, upon his oath did depose and say the following:
1 “My name is Joni Pursley. | am employed by FirstService Residential,
managing agent for Tavola Community Association, Inc., Plaintiff in the
above-styled and numbered cause. I am over the age of eighteen (18) years
and fully competent to make this Affidavit. I have never been convicted of
a felony or misdemeanor involving moral turpitude. 1 have personal
knowledge of the facts stated in this Affidavit and said facts are true and
correct,
Plaintiff was organized for the purpose of caring for and maintaining Tavola,
(“the "Subdivision") and generally attending to the best interest of the
property owners in the Subdivision. Plaintiff's affairs are managed by a
Board of Directors, which is charged with the day-to-day operational
responsibilities, including collecting annual and special assessments as may
be necessary to effectively operate the project as well as further managerial
functions set forth in the Bylaws of Plaintiff ("Bylaws").
The Declaration of Covenants, Conditions and Restrictions for Tavola, as
supplemented and amended from time to time (collectively the
“Declaration”) was recorded in the office of the Montgomery County Clerk.
A true and correct copy of the Declaration is attached hereto as Exhibit ‘A-1°
and incorporated herein by reference.
Defendant, TAMEKA GERMELLE BUTLER is the owner of property in the
Subdivision which is more completely described in the Special Warranty
Deed attached as Exhibit ‘A-2'. Defendant took title to the Property after the
«le
EXHIBIT
wees
date the Declaration was filed. Defendant’s title to the Property is subject to
the covenants, conditions, limitations and stipulations set forth in the
Declaration.
Defendant is required to pay annual assessments to meet common expenses
of the Subdivision. Defendant is also required to pay interest, late fees,
penalties, costs, and reasonable attorneys’ fees related to the collection of the
sum due.
6. Although often requested to do so, Defendant has failed and refused to pay
to Plaintiff all such assessments properly due and owing. Defendant has
failed to pay assessments and is currently delinquent in the amount of
$3,808.57 in in assessments, interest, late fees, penalties, and costs through
July 27, 2023. All just and lawful offsets, payments and credits have been
allowed. Attached as Exhibit "A-3" is Defendant’s account statement
reflecting all charges, payments, and offsets. The attorney fees associated
with such invoices are being sought separately through Hoover Slovacek
LLP's attomeys’ fee affidavit. The expenses associated with such invoices
have been added to the reasonable cost of collection sought herein and
Defendants’ balance is computed as follows:
Date Forecloseable Charges Amount
2021 Annual Assessment $800.00
2022 Annual Assessment $800.00
2023 Annual Assessment $800.00
2021-2023 Interest/finance Charges/Late Fees $832.28
2021-2023 Costs (not including Court Cost which are $576.29
assessed separately in the proposed judgment)
Total forectoseable assessments, interest, late fees and cost $3,808.57
7. Asa result of Defendants not paying the sums due and owing pursuant to the
terms of the Restrictions, Plaintiff has employed the law firm of Hoover
Slovacek, LLP.
8. Plaintiff made written demand upon Defendants for payment of all past-due
and unpaid assessments more than thirty days before filing suit. A true and
correct copy of one such demand is attached hereto as Exhibit ‘A-4'. As a
result of Defendants not paying the sums due and owing pursuant to the
terms of the Declaration, Plaintiff has employed the law firm of Hoover
Slovacek LLP to represent Plaintiffin this action and Plaintiffhas agreed to
pay said law firm reasonable and necessary attorneys’ fees in this matter.
9. Tam a custodian of TAVOLA COMMUNITY ASSOCIATION, INC.’S records. The
exhibits attached hereto are records which are kept in the regular course of
business, and it was the regular course of business of TAVOLA COMMUNITY
ASSOCIATION, INC., for an employee or representative of TAVOLA
COMMUNITY ASSOCIATION, INC., with knowledge of the act or event recorded
to make the record or to transmit information thereof to be included in such
record; and the record was made at or near the time or reasonably soon there-
after. The records attached hereto are the originals or exact duplicates of the
original.
EXECUTED on this the aN day of WO + 2023.
By: hn
\ ton) Pursley
Cd
SUBSCRIBED AND SWORN TO BEFORE Méonthisthe 7 aayot aby
2023.
sane
DAWN Capps
Notary Public, State of Texas
Comm. Expires 10-23-2024
ae Notary ID 12515871.9
Notary Public, State o eh
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Doc# 2014034014
Pages 32
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR
TAVOLA
This DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS for Tavola (this
“Declaration”) Is made on the date hereinafter set forth by Lennar Homes of Texas Land and
Construction, Ltd., a Texas limited partnership, D/B/A Friendswood Development Company (the
“Declarant").
WITNESSETH
WHEREAS, the Declarant is the owner of a certain property in Montgomery County, Texas known
as Tavola Sec 1 per the plat filed of record in Cabinet Z, Sheet 2785 of the Map Records of Montgomery
County, Texas with the File # 2014-013843 attached hereto as Exhibit “A,” and incorporated herein by
reference (“the Property”), and
WHEREAS, Deciarant, is the Declarant for all of Tavola which is being developed as a residential
and commercial subdivision and Declarant desires to subject it to this Declaration so as to provide and
adopt a uniform plan of development, including assessments, conditions, covenants, easements,
reservations, and restrictions designed to govern, control, and preserve the values and amenities of this
land for the development, improvement, sale, use, and enjoyment of the Property as a residential and
commercial subdivision for the benefit of this land and each owner of any part of this land.
All Restricted and Unrestricted Reserves presently or hereafter subject to this Declaration or
subsequently subjected to this Declaration are, however, specifically excepted from Article Ix,
Restrictions of Use.
It has been deemed desirable, for the efficient preservation of values and amenities in the
Property, to create an Association to which shall be delegated and assigned the powers of administering
and enforcing the provisions of this Declaration including levying, collecting, and disbursing the
assessments.
To exercise these functions, an association has been created under the name Tavola Community
Association, Inc., a non-profit corporation created under the laws of the State of Texas. The directors of
the Association have established By-Laws by which the Association shall be governed.
Declarant declares that the Property shall be developed, improved, sold, used, and enjoyed in
accordance with and subject to the following plan of development, including the assessments, conditions,
covenants, easements, reservations, and restrictions of this Declaration, all of which are adopted for and
placed upon: the Property; shall run with the Property and be binding on all parties who now or hereafter
have or claim any right, title, or interest in the Property or any part of the Property, and on the heirs,
executors, administrators, successors, and assigns of such parties, regardless of the source of or the
manner in which any such right, title, or interest is or may be acquired; and shall inure to the benefit of
each owner of any part of the Property.
ARTICLE I
DEFINITIONS
Se ion 1 “Architectural Guidelines” shal] mean and refer to the Builder Guidelines (for
each Lot) and the Commercial Guidelines (for each Commercial Unit) adopted by the Architectural
Review Committee and amended from time to time to establish the restrictions for improvements made to
all Lots and Commercial Units subject to this Declaration.
Secti “Architectural Review Committee" or “ARC” shall mean and refer to the Tavola
Architectural Review Committee created by Article VI, Section 1 hereof.
Tavola Declaration
857646 sap 351045-63
4/15/2014 EXHIBIT
A=]
Section 3. “Association” shall mean and refer to Tavola Community Association, Inc., a non-
profit corporation incorporated under the laws of the State of Texas, and its successors and assigns.
Section 4. “Board” shall mean and refer to the duly elected Board of Directors of the
Association.
Section 5. "Builder" shall mean and refer to a department of Declarant or any other entity to
which Declarant conveys Lots or Commercial Units for the purpose of constructing homes or other
permitted structures thereon.
Section 6. “Capitalization Fees” shall mean and refer to the fee paid to the Association at
the time of closing of a Lot or Commercial Unit to another Owner. The Capitalization Fee shall equal 50%
of the then current annual assessment being charged by the Association.
Section 7. "Commercial Unit" and "Commercial Units" shall include all land areas and
reserves other than Lots, Common Open Areas, and any additional land areas and reserves other than
Lots, Common Open Areas, and acreage that may thereafter be brought within the jurisdiction of the
Association. Each Commercial Unit shall contain 10,000 square feet of commercial land or 20,000
square feet of multi-family land and shall be the equivalent of one Lot or proportional fraction thereof for
purposes of membership, voting rights and assessment in and by the Association.
Section 8. "Common Open Area" and "Common Open Areas" shall mean all real property
owned by the Association for exclusive common use and enjoyment of the Owners, members: of their
families and guests.
Section 9. "Conveyance" shall mean and refer to conveyance of a fee simple title to the
surface estate of a Lot or Commercial Unit from one Owner to another.
Section 10. “Lot" and "Lots" shall mean and refer to any plat of land shown upon any
recorded subdivision map of the Property upon which there has been or may be constructed a single-
family residence. There may be created and made subject to this Declaration, a total of Lots in the
entire Property.
Section 11. "Declarant" shall mean and refer to Lennar Homes of Texas Land and
Construction, Ltd., D/B/A Friendswood Development Company or any assignee, in whole or in part, of the
rights and duties of the Declarant hereunder which is executed and recorded in the Montgomery County
Real Property Records.
Section 12. "Declaration" shall mean and refer to this Declaration of Covenants, Conditions
and Restrictions and any Amendments hereto applicable to the Property recorded in the Montgomery
County Real Property Records, as the same may be amended from time to time therein provided.
Section 13. "Development Period" shall mean and refer to that period of time in which
Declarant is the Owner of any Lot or Commercial Unit.
Section 14. “Foundation Fees” shall mean and refer to the fee paid to the Tavola Community
Foundation, Inc. at the time of closing of a Lot or Commercial Unit to another Owner. The Foundation Fee
shall equal 0.25% of the gross sales price of the Lot or Commercial Unit being sold.
Section 15. "Member" shall mean and refer to those persons entitled to membership as
provided in Article IV, Section 1, of this Declaration. There are Class A and Class B members, as
hereinafter set forth. The period of Class B membership shall be declarant control period and a
Development Period, as those terms are used in any relevant legislation.
Tavola Declaration +2
4/15/2014
Section 16. "Owner" shall mean and refer to the record owner, whether one or more persons
or entities, of the fee simple title to the surface estate in any Lot or Commercial Unit which is a part of the
Property, including contract sellers, but excluding those having such interest merely as security for the
performance of an obligation.
Section 17. "Property" shall mean and refer to all of Tavola, including but not limited to the
Teal property set forth in this Declaration, and any additions thereto as may have heretofore or hereafter
be brought within the jurisdiction of the Association by annexation.
Section 18. "Transfer" shall mean and refer to the transfer of the surface estate of a Lot or
Commercial Unit from one legal entity to any department thereof or to another legal entity whether or not
the owner of record changes.
ARTICLE I
RESERVATIONS, EXCEPTIONS, DEDICATIONS AND CONDEMNATION
Section 1. Incorporation of Plat. The subdivision plats of the various sections of Tavola,
dedicate for use as such, subject to the limitations set forth therein, certain streets and easements shown
thereon, and such subdivision plats further establish certain dedications, limitations, reservations and
restrictions applicable to the Property. All dedications, limitations, restrictions and reservations shown on
the subdivision plats, to the extent they apply to the Property, are incorporated herein and made a part
hereof as if fully set forth herein, and shall be construed as being adopted in each contract, deed and
conveyance executed or to be executed by or on behalf of Declarant, conveying each Lot or Commercial
Unit within the Property.
Section 2. Reservation of Minerals. The Property, and any future land made subject to this
Declaration, is hereby subjected to the following reservation and exception: All oil, gas and other
minerals in, on and under the herein above described Property are hereby excepted or reserved by
predecessor or predecessors in title of Declarant and which exception is made in favor of present owner
or owners of such minerals as their interests may appear of record.
Section 3. Condemnation. If all or any part of the Common Open Area is taken or
threatened to be taken by eminent domain or by power in the nature of eminent domain (whether
permanent or temporary), the Association and each Owner shall be entitled to participate in proceedings
incident thereto at their respective expense. The expense of participation in such proceedings by the
Association shall be borne by the Association and paid for out of assessments collected pursuant to
Article V hereof. The Association is specifically authorized to obtain and pay for such assistance from
attorneys, appraisers, architects, engineers, expert witnesses and other persons as the Association in its
discretion deems necessary or advisable to aid or advise it in matters relating to such proceedings.
All damages or awards for such taking shall be deposited with the Association. If an action in eminent
domain is brought to condemn a portion of the Common Open Areas, the Association, in addition to the
general powers set out herein, shall have the sole authority to determine whether to defend or resist any
such proceeding, to make any settlement with respect thereto; or to convey such portion of the Property
to the condemning authority in lieu of such condemnation proceeding.
ARTICLE fil
PROPERTY RIGHTS
Section 1. Owner's Easements of Enjoyment. Every Lot and Commercial Unit Owner who
resides on the Property shall have a right to an easement of enjoyment in and to the Comrnon Open
Areas which shall be appurtenant to and shall pass with the title to every Lot or Commercial Unit, subject
to the following provisions:
Tavola Declaration “3
4/15/2014
(a) the right of the Association and/or Declarant to grant or dedicate easements in, on, under
or above the Common Open Areas or any part thereof to any public or governmental agency or authority
or to any utility company for any service to the Property of any part thereof,
(b) the right of the Association to prevent an Owner from planting, placing, fixing, installing or
constructing any vegetation, hedge, tree, shrub, fence, wall, structure or improvement or store any
personal property on the Common Open Areas or any part thereof without the prior written consent of the
Association. The Association shall have the right to remove anything placed on the Common Open Areas
in violation of the provisions of this subsection and to assess the cost of such removal against the Owner
responsible. Such cost shall be an additional assessment as hereinafter provided for;
(c) the right of Declarant (and its sales agents and representatives) to the non-exclusive use
of the Common Open Areas and the facilities thereof, for display and exhibit purposes in connection with
the sale of Lots or Commercial Units within the Property, which right Declarant hereby reserves; provided,
however, that such use shall not continue for a period of more than twenty five (25) years after
conveyance of the Common Open Areas within the Property to the Association, provided, further, that no
such use by Declarant or its sales agents or representatives shall otherwise unreasonably restrict the
Members in their use and enjoyment of the Common Open Areas;
(a) the right of the Association to limit the number of guests of Owners utilizing the
recreational facilities and improvements owned by the Association and provided upon Comrnon Open
Areas;
(e) the right of the Association to establish uniform rules and regulations and to charge
reasonable admission and other fees pertaining to the use of any recreational facilities owned by the
Association; and
() the right of the Association to suspend the voting rights of an Owner (unless prohibited by
law) and the Owner's right to use any recreational facility of the Association during the period the Owner
is in default in excess of thirty (30) days in the payment of any maintenance charge assessment against a
Lot or Commercial Unit and to suspend such rights for a period not to exceed sixty (60) days for any
infraction of its published rules and regulations. The aforesaid rights of the Association shall not be
exclusive but shall be cumulative of and in addition to all other rights and remedies which the Association
may have by virtue of this Declaration or its By-Laws or at law or in equity on account of any such default
or infraction.
Section 2. Delegation of Use. Owners subject to an easement of enjoyment in and to the
Common Open Areas may delegate their right to or enjoyment of the Common Open Areas to members
of their families, tenants or contract purchasers who reside in Owner's residential dwelling or commercial
structure.
Section 3. Waiver of Use. No Owner may be exempt from personal liability for
assessments duly levied by the Association, nor release a Lot or Commercial Unit owned from the liens
and charges hereof, by waiver of the use and enjoyment of the Common Open Areas thereon or by
abandonment of Owner's Lot or Commercial Unit.
Section 4. Easement for Entry. The Association shall have an easement to enter into any Lot
or Commercial Unit for emergency, safety, and for other purposes reasonably necessary for the proper
maintenance and operation of the Property, which right may be exercised by the Association's Board of
Directors, officers, agents, employees, managers, and all policemen, firemen, ambulance personnel, and
similar emergency personnel in the performance of their respective duties. Except in an emergency
situation, entry shall only be during reasonable hours and after notice to the Owner. It is intended that
this right of entry shall include (and this right of entry shall include) the right of the Association to enter a
Lot or Commercial Unit (and the improvements thereon) to cure any condition which may increase the
possibility of a fire or other hazard in the event an Owner fails or refuses to cure the condition upon
request by the Board. The easement for entry is also for the benefit of each Owner of a Lot or
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4/15/2014
Commercial Unit, for ingress and egress, over and across the other Lots or Commercial Units (although
the easement for Owners does not extend to the inside of the improvements on a Lot or Commercial
Units) for emergency purposes and/or during emergency situations, to allow Owners to remove
themselves from danger.
Section 5. Easement for Maintenance. There are hereby reserved to the Association
easements over the Property as necessary to enable the Association to fulfill the Association's
maintenance responsibilities described in this Declaration. Except as otherwise provided herein, all costs
associated with maintenance, repair and replacement of the Common Open Areas, perimeter fencing and
private utility easements shall be a common expense to be allocated among the Units as part of the
annual assessments.
Section 6. Indemnification. The Association and Owners each covenant and agree, jointly
and severally, to indemnify, defend and hold harmless Declarant, and its respective officers, directors,
parent and/or subsidiary entities, partner(s) and any related persons or corporations, and their
employees, professionals and agents from and against any and all claims, suits, actions, causes of action
or damages arising from any personal injury, loss of life, or damage to property, sustained on or about the
Common Open Areas or other property serving the Association and improvements thereon, or resulting
from or arising out of activities or operations of Declarant or of the Association, or of the Owners, and
from and against all costs, expenses, court costs, counsel fees (including, but not limited to, all trial and
appellate levels and whether or not suit be instituted), expenses and liabilities incurred or arising from any
such claim, the investigation thereof, or the defense of any action or proceedings brought thereon, and
from and against any orders, judgments or decrees which may be entered relating thereto. The costs and
expense of fulfilling this covenant of indemnification shall be considered operating costs of the
Association to the extent such matters are not covered by insurance maintained by the Association. IT IS
EXPRESSLY ACKNOWLEDGED THAT THE INDEMNIFICATION IN THIS SECTION PROTECTS
DECLARANT (AND/OR ITS RESPECTIVE OFFICERS, DIRECTORS, PARENT AND/OR SUBSIDIARY
ENTITIES, PARTNER(S) AND ANY RELATED PERSONS OR CORPORATIONS, AND THEIR
EMPLOYEES, PROFESSIONALS AND AGENTS) FROM THE CONSEQUENCES OF THEIR
RESPECTIVE ACTS OR OMISSIONS, INCLUDING WITHOUT LIMITATION, DECLARANT'S (AND/OR
ITS RESPECTIVE OFFICERS’, DIRECTORS’, PARENT AND/OR SUBSIDIARY ENTITIES’,
PARTNER(S)' AND ANY RELATED PERSONS’ OR CORPORATIONS’, AND THEIR EMPLOYEES’,
PROFESSIONALS’ AND AGENTS’) NEGLIGENT ACTS OR OMISSIONS, TO THE FULLEST EXTENT
ALLOWED BY LAW.
Section 7. National Electrical Safety Code Notice. Entergy has installed high voltage
electrical lines (“Overhead Power Lines”) on certain Lots and Reserves on the Property. Owners are
advised that applicable State and Federal laws mandate the requirement to maintain safe clearance
distances from such Overhead Power Lines (as well as other electrical facilities) as prescribed by
O.S.H.A., Chapter 752 of the Texas Health and Safety Code, the National Electric Code, and the National
Electric Safety Code.
Section 8. Easement Regarding Association Fences. Declarant hereby reserves for itself and
for the Association a non-exclusive right-of-way and easement for the purpose of constructing,
maintaining, operating, repairing, removing and re-constructing a perimeter fence under, across and
through a 5' strip of the Lots along the perimeter of the Property and such other locations as determined
by Declarant, on which 5° strips the Association may construct such perimeter fencing. Prior to the
construction of the fence, the Declarant and/or the Association shall have the right to go over and across
the portions of the Lots that are adjacent to such 5' easement strips for the purpose of performing surveys
and other such necessary pre-construction work. After the construction of the fence, Declarant and/or the
Association, from time to time, and at any time, shall have a right of ingress and egress over, along,
across and adjacent to said 5' easement strips for purposes of maintaining, operating, repairing,
removing, re-constructing, and/or inspecting the fence. The Owners of the Lots shall have all other rights
in and to such 5' easement strip located on each Owner's respective Lot; provided however, such Owner
shall not damage, remove or alter the fence or any part thereof without first obtaining written: approval
Tavola Declaration ~6
411612014
from the Declarant and/or the Association with respect to any such action, such approval to be at the
Declarant’s and/or the Association sole discretion.
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Each person or entity who is a record Owner of any of the
Property, which is subject to assessment by the Association, shall be a Member of the Associzition. The
foregoing is not intended to include persons or entities who hold an interest merely as security for the
performance of an obligation. No Owner shall have more than one membership. Membership shall be
appurtenant to and may not be separated from ownership of the land, which is subject to assessment, by
the Association.
Section 2. Voting Classes. The Association shall initially have two classes of voting
membership:
Class A. Class A members shall be all Owners with the exception of the Declarant (except
as hereinafter provided) and shall be entitled to one vote for each Lot, equivalent Lot, or
Commercial Unit owned. When more than one person holds an interest in any Lot or Commercial
Unit, all such persons shall be members. The vote of such Lot or Commercial Unit shall be
exercised as the persons among themselves determine, but in no event shall more than one vote
be cast with respect to each Lot or Commercial Unit owned.
Class B. The Class B member
shall be the Declarant and shall be entitled to ten (10)
votes for each Lot or Commercial Unit owned.
Class B membership shall cease and be
converted to Class A membership on the earlier of the following dates:
(a) On the date on which the Declarant has sold and conveyed all of the Lots and
Commercial Units it owns in the Property (including property hereafter annexed into the
jurisdiction of the Association).
(b) January 1, 2040; or
(c) when, in its discretion, the Declarant so determines and records an instrument to
such effect in the Real Property Records of Montgomery County.
From and after the happening of these events, whichever occurs earlier, the Class "B" member
shall be deemed to be a Class "A" member entitled to one (1) vote for each Lot or Commercial
Unit it owns.
At such time that additional property is annexed into the Association, the Class B Membership of
the Declarant, shall, if it had previously ceased due to one of the conditions listed above in (a), (b)
or (c) be reinstated and shall apply to all Lots and Commercial Units owned by Declarant in the
newly annexed portion of the Property, as well as to all Lots and Commercial Units owned by
Declarant in all other areas of the Property. Such reinstatement is subject to further cessation in
accordance with the limitation set forth in the preceding paragraphs (a), (b) and (c) of this Article,
whichever occurs first. However, upon reinstatement due to annexation of additional property
into the Property, the period of time set forth in the preceding paragraph (b) of this Article shall be
extended to the extent necessary such that in all circumstances it extends for a period no shorter
than ten (10) years from the date of each such recorded annexation (i.e. Supplementary
Declaration).
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ARTICLE V
COVENANT FOR MAINTENANCE
ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for
each Lot or Commercial Unit owned within the Property, hereby covenants, and Owner of any Lot or
Commercial Unit by acceptance of a deed therefore, whether or not it shall be so expressed in such deed,
is deemed to covenant and agree to pay to the Association:
(@) annual assessments or charges; and
(b) additional assessments as herein provided; and
(c) special assessments, which are to be established and collected as herein provided; and
(4) Capitalization Fees as herein provided.
The annual, additional, and special assessments, and Capitalization Fees together with interest, late fees,
penalties, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing
and contractual lien upon the Lot or Commercial Unit against which each such assessment is made.
Each such assessment, charge of fee, together with interest, late fees, penalty, costs and reasonable
attorney's fees, shall also be the personal obligation of the person who was the Owner of such Lot or
Commercial Unit at the time when the assessment, charge or fee became due. The personal obligation
for delinquent assessments, charges and fees shall not pass to the Owner's successors in title unless
expressly assumed by them.
Section 2. Purposes of Assessment. The assessments levied by the Association shall be
used exclusively for the purposes of promoting the health, safety and welfare of the Members of the
Association and for the improvement and maintenance of the Common Open Areas including the
improvements and landscaping thereon and private utility easements as noted on any plat of any portion
of the Property, and perimeter fencing, all as may be more specifically authorized from time to time by the
Board of Directors. The judgment of the Board of Directors as to expenditures shall be final and
conclusive so long as its judgment is exercised in good faith. The Board of the Association may borrow
funds, if needed, for additional deficit funding, and may instruct officers of the Association to execute
promissory note(s) to evidence such borrowed money and the obligation to repay such borrowed money.
Section 3. Maximum Annual Assessment. Until January 1 of the year immediately
following the conveyance of the first Lot or Commercial Unit to an Owner, the maximum annual
assessment shall be $1,000 per Lot or Commercial Unit.
(a) From and after January 1 of the year immediately following the conveyance of the first Lot
or Commercial Unit to an Owner, the maximum annual assessment may be increased each year above
the maximum assessment for the previous year without a vote of the membership by the percentage
change by which the Consumer Price Index for the immediately preceding calendar year exceeds such
Index for the calendar year prior thereto or by fifteen percent (15%), whichever is greater. As used
herein, the "Consumer Price Index" shall mean the year-end Consumer Price Index for All-Urban
consumers, published by the U.S. Department of Labor (or a generally accepted replacement should
such Index no longer be published). The Association specifically has the power granted in the Texas
Property Code Section 204.010(a)(16) to assess the increase annually or accumulate and assess the
increase after a number of years.
(b) From and after January 1 of the year immediately following the conveyance of the first Lot
or Commercial Unit to an Owner the maximum annual assessment may be increased above the rates
specified in this Section 3, Paragraph (a) by a vote of two-thirds (2/3) of each class of Members entitled to
vote in person or by proxy, at a meeting duly called for this purpose at which a quorum is present.
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Section 4. Special Assessments for Capital Improvements. In addition to the annual
assessments authorized above, the Association may levy, in any assessment year, a special assessment
applicable to that year only for the purpose of defraying in whole or in part, the cost for necessary
purposes of the Association, such as the construction, reconstruction, repair or replacement of a capital
improvement in the Common Open Areas, including fixtures and personal property related thereto, or for
counsel fees or the fees of other retained experts. However, in the event that a special assessment is
more than one-half (1/2) of the then annual assessment amount, then any such special assessment shall
require the assent of two-thirds (2/3) of the total votes of both classes of Members entitled to vote in
person or by proxy, at a meeting duly called for this purpose at which a quorum is present.
Section 5. Rate of Assessment. All Lots and Commercial Units within the Property shall
commence to bear their applicable assessments as set forth herein. Lots or Commercial Units which are
owned by or transferred to a Builder or which are occupied by residents shall each be subject to an
annual assessment as determined by the Board of Directors pursuant to the terms of this Declaration. All
Lots or Commercial Units which are owned by Declarant shall be assessed at the rate of one-fourth (1/4)
of the annual assessment; however, said assessment shall be made only in the event that assessments
from Lots and Commercial Units owned by other than Declarant are not sufficient to meet the operating
budget of the Association. As used in this Section 5, the term "Declarant" shall be construed to mean
only Friendswood Development Company, and its succes
Preview
CAUSE NO. 23-03-04122 TAVOLA COMMUNITY ASSOCIATION, § IN THE DISTRICT COURT INC. § § VS. § MONTGOMERY COUNTY, TEXAS § TAMEKA GERMELLE BUTLER § 284™ JUDICIAL DISTRICT § PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT COMES NOW, TAVOLA COMMUNITY ASSOCIATION, INC. (“Plaintiff”), and files this Motion for Default Judgment seeking a Default Judgment against TAMEKA GERMELLE BUTLER (the “Defendant”), and in support thereof would respectfully show unto the Court the following: NATURE OF CASE 1 Plaintiff is responsible for collecting assessments and enforcing the restrictive covenants for Tavola, a residential subdivision in Montgomery County, Texas (the “Subdivision”. 2 The Tavola Community Association, Inc. Revised and Restated Declaration of Covenants, Conditions, and Restrictions, as supplemented and amended from time to time (collectively the “Declaration”) establishing the covenants, conditions, and restrictions governing ownership of real property located in the Subdivision is recorded in the office of the County Clerk.! 3 The Declaration is meant to establish a uniform plan for development, improvement, and use ofall Lots in the Subdivision and to ensure the preservation of such uniform plan to benefit all present and future owners. 4 Pursuant to the Declaration each lot in the Subdivision is subject to an annual "The Declaration is attached to the Affidavit of Joni Pursley collectively as Exhibit “A-1." -1- assessment. These assessments, together with interest, late fees, penalties, costs, and reasonable attorneys’ fees are a continuing lien upon the property against which each such assessment is made and also constitutes the personal obligation of the owner ofsuch property. Plaintiffis entitled to bring an action seeking a personal judgment against property owners for all delinquent assessments and other charges due and owing, as well as an action seeking to foreclose its lien. Sections 204.010(a)(9)- Section 204.010(a)(11) of the Texas Property Code provides that Plaintiff may impose and receive payments, fees, or charges for the use, rental, or operation of common area and for services provided to owners of real property in the Subdivision. 5 Defendant, TAMEKA GERMELLE BUTLER is the owner of property located within the Subdivision more specifically described in the Special Warranty Deed attached as Exhibit “A-2" 6 This action is a suit to collect past-due unpaid assessments owed by Defendants. 7 This case was filed on March 20, 2023. 8 Although Defendant’s answer deadline has now passed, Defendant has yet to file an answer in this case. 9 The citation and return of service has been on file with the clerk of the Court more than ten days, exclusive of the day of filing and the day of judgment. TEX. R. Clv. P. 107. 10. At any time after Defendant is required to answer, Plaintiff may take judgment by default against a Defendant if any Defendant has not previously filed an answer. TEX. R. Clv. P. 239. EVIDENCE ll. The pleadings, the affidavit of Joni Pursley, the affidavit of Brandi J. Croffie, along 2A Special Warranty Deed is attached to the Affidavit of Joni Pursley as Exhibit “A-2”. -2- with the other exhibits attached to this Motion, show that Plaintiffis entitled to recover a judgment against Defendant for the amount of unpaid assessments, late fees, interest, costs, and attorneys’ fees DEFAULT 12. Defendants have failed to pay all assessments due and owing to Plaintiff. As a result of Defendants’ failure to pay assessments, Plaintiff retained the services of Hoover Slovacek LLP to prosecute an action on its behalfto collect all sums due and owing to Plaintiff. 13, Pursuant to Article V of the Declaration, Plaintiff seeks recovery of annual assessments in the amount of $2,400.00 through the date of judgment. 14, Pursuant to Article V of the Declaration, Plaintiff seeks recovery of interest/finance charges and late fees in the amount of $832.28, through the date of judgment. 15. Pursuant to Article V of the Declaration, Plaintiff seeks recovery of costs in the amount of $576.29, through the date of judgment. 16. All payments, offsets and credits have been applied to Defendant’s assessment account leaving a balance of $3,808.57 as assessments, together with interest, late fees, penalties, and costs through the date of judgment.’ Lien 17. Pursuant to the Declaration, Plaintiff has a lien for all unpaid assessments, interest, cost, and reasonable attorneys’ fees that is superior to that of any homestead claim.’ Accordingly, Plaintiff requests an Order of Sale to enforce its lien against the Property. NOTICE 3 Defendant’s account history is attached to the Affidavit of Joni Pursley as Exhibit “A-3.” * Inwood North Homeowners’ Association, Inc, v, Harris, 736 S.W.2d 632, 635-637 (Tex. 1987) -3- 18. As a result of Defendant’s failure to cure the assessment delinquency, Plaintiff retained the services of Hoover Slovacek LLP to prosecute an action on its behalf seeking a permanent injunction and all sums due and owing to Plaintiff. Plaintiff made written demand upon Defendant requesting that Defendant pay the past-due balance more than thirty days before filing suit.’ Accordingly, Defendant was provided ample opportunity to cure bring the account balance current before Plaintiff was forced to bring this suit to enforce the Declaration. ATTORNEYS! FEES 19, Plaintiff is entitled to recover its attorneys’ fees incurred in collection of unpaid assessments as part of the assessments chargeable against the property as provided by the Declaration. Such reasonable and necessary fees are set forth and enumerated in the Affidavits of Joni Pursley and Brandi J. Croffie, Exhibits “A” and “B” hereto, both of which are specifically incorporated herein as though fully set forth at length. 20. In addition, Plaintiff has pled for and is entitled to attorneys’ fees pursuant to §38.001 ef seq., of the Texas Civil Practice & Remedies Code, in that Defendant has a debt owing to Plaintiff, and more than thirty (30) days before trial herein, demand was made upon Defendant for payment of the unpaid assessments, collection costs and reasonable attorneys’ fees, and also pursuant to §5.006 and §204.011 of the Texas Property Code. Payment was not made before the expiration of thirty (30) days after demand was made and before suit was filed herein. PRAYER For these reasons, Plaintiff prays that: 1 Plaintiff be granted judgment against Defendant in the 5 ‘True and correct copies of demand letters sent to the Defendant are attached to the Affidavit of Joni Pursley as Exhibit “A-4" and the Affidavit of Brandi J. Croffie as Exhibits “B-1" and “B-2". -4- amount of $3,808.57 in past-due assessments, together with interest, and costs as authorized by the Declaration and Section 204.010(a)(9) and 204.010(a)(10) of the Texas Property Code; ii Plaintiffbe granted judgment for all costs of Court expended by Plaintiff herein; iii. Plaintiffbe granted judgment for post-judgment interest at the highest rate of interest allowed by law on the total amount of the judgment from the date of judgment until paid; iv Plaintiff be granted judgment establishing and foreclosing the lien securing Defendant’s obligation to Plaintiff as established herein, and for an order of sale and writ of possession on Defendant for the Property, with a further order that the proceeds of such sale be applied against the total amount of Plaintiff's claim as set forth herein, including interest and attorney fees; and All such other and further relief, at law or in equity, general or special, to which Plaintiff may show itself justly entitled. Respectfully submitted, HOOVER SLOVACEK LLP By: Kid [5 ye am pI J/CRorrik ” ie Bar No. 24082873 5051 Westheimer, Suite 1200 Houston, Texas 77056 Telephone: 713-977-8686 Facsimile: 713-977-5395 croffie@hooverslovacek.com ATTORNEYS FOR PLAINTIFF -5- CERTIFICATE OF SERVICE On the 27" day of July, 2023, a true and correct copy of Plaintiff's Motion for Default Judgment was mailed to Defendant via certified mail, return receipt requested, and first class mail at the following address(es): Via CM/RRR and First Class U.S. Mail Tameka Germelle Butler CMRBR: AS SIT OF 10 $3.70 o4y 793 é‘ 23922 Olivenza Trail Os New Caney, Texas 77357 s/ Brandi J. Croffie Brandi J. Croffie CAUSE NO. 23-03-04122 TAVOLA COMMUNITY ASSOCIATION, § IN THE DISTRICT COURT INC. § vs. § MONTGOMERY COUNTY, TEXAS TAMEKA GERMELLE BUTLER § 284™ JUDICIAL DISTRICT § AFFIDAVIT OF JONI PURSLEY THE STATE OF TEXAS § COUNTY OF MONTGOMERY § BEFORE ME, the undersigned authority, on this day personally appeared Joni Pursley who, being by me first duly sworn, upon his oath did depose and say the following: 1 “My name is Joni Pursley. | am employed by FirstService Residential, managing agent for Tavola Community Association, Inc., Plaintiff in the above-styled and numbered cause. I am over the age of eighteen (18) years and fully competent to make this Affidavit. I have never been convicted of a felony or misdemeanor involving moral turpitude. 1 have personal knowledge of the facts stated in this Affidavit and said facts are true and correct, Plaintiff was organized for the purpose of caring for and maintaining Tavola, (“the "Subdivision") and generally attending to the best interest of the property owners in the Subdivision. Plaintiff's affairs are managed by a Board of Directors, which is charged with the day-to-day operational responsibilities, including collecting annual and special assessments as may be necessary to effectively operate the project as well as further managerial functions set forth in the Bylaws of Plaintiff ("Bylaws"). The Declaration of Covenants, Conditions and Restrictions for Tavola, as supplemented and amended from time to time (collectively the “Declaration”) was recorded in the office of the Montgomery County Clerk. A true and correct copy of the Declaration is attached hereto as Exhibit ‘A-1° and incorporated herein by reference. Defendant, TAMEKA GERMELLE BUTLER is the owner of property in the Subdivision which is more completely described in the Special Warranty Deed attached as Exhibit ‘A-2'. Defendant took title to the Property after the «le EXHIBIT wees date the Declaration was filed. Defendant’s title to the Property is subject to the covenants, conditions, limitations and stipulations set forth in the Declaration. Defendant is required to pay annual assessments to meet common expenses of the Subdivision. Defendant is also required to pay interest, late fees, penalties, costs, and reasonable attorneys’ fees related to the collection of the sum due. 6. Although often requested to do so, Defendant has failed and refused to pay to Plaintiff all such assessments properly due and owing. Defendant has failed to pay assessments and is currently delinquent in the amount of $3,808.57 in in assessments, interest, late fees, penalties, and costs through July 27, 2023. All just and lawful offsets, payments and credits have been allowed. Attached as Exhibit "A-3" is Defendant’s account statement reflecting all charges, payments, and offsets. The attorney fees associated with such invoices are being sought separately through Hoover Slovacek LLP's attomeys’ fee affidavit. The expenses associated with such invoices have been added to the reasonable cost of collection sought herein and Defendants’ balance is computed as follows: Date Forecloseable Charges Amount 2021 Annual Assessment $800.00 2022 Annual Assessment $800.00 2023 Annual Assessment $800.00 2021-2023 Interest/finance Charges/Late Fees $832.28 2021-2023 Costs (not including Court Cost which are $576.29 assessed separately in the proposed judgment) Total forectoseable assessments, interest, late fees and cost $3,808.57 7. Asa result of Defendants not paying the sums due and owing pursuant to the terms of the Restrictions, Plaintiff has employed the law firm of Hoover Slovacek, LLP. 8. Plaintiff made written demand upon Defendants for payment of all past-due and unpaid assessments more than thirty days before filing suit. A true and correct copy of one such demand is attached hereto as Exhibit ‘A-4'. As a result of Defendants not paying the sums due and owing pursuant to the terms of the Declaration, Plaintiff has employed the law firm of Hoover Slovacek LLP to represent Plaintiffin this action and Plaintiffhas agreed to pay said law firm reasonable and necessary attorneys’ fees in this matter. 9. Tam a custodian of TAVOLA COMMUNITY ASSOCIATION, INC.’S records. The exhibits attached hereto are records which are kept in the regular course of business, and it was the regular course of business of TAVOLA COMMUNITY ASSOCIATION, INC., for an employee or representative of TAVOLA COMMUNITY ASSOCIATION, INC., with knowledge of the act or event recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon there- after. The records attached hereto are the originals or exact duplicates of the original. EXECUTED on this the aN day of WO + 2023. By: hn \ ton) Pursley Cd SUBSCRIBED AND SWORN TO BEFORE Méonthisthe 7 aayot aby 2023. sane DAWN Capps Notary Public, State of Texas Comm. Expires 10-23-2024 ae Notary ID 12515871.9 Notary Public, State o eh -3- Doc# 2014034014 Pages 32 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TAVOLA This DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS for Tavola (this “Declaration”) Is made on the date hereinafter set forth by Lennar Homes of Texas Land and Construction, Ltd., a Texas limited partnership, D/B/A Friendswood Development Company (the “Declarant"). WITNESSETH WHEREAS, the Declarant is the owner of a certain property in Montgomery County, Texas known as Tavola Sec 1 per the plat filed of record in Cabinet Z, Sheet 2785 of the Map Records of Montgomery County, Texas with the File # 2014-013843 attached hereto as Exhibit “A,” and incorporated herein by reference (“the Property”), and WHEREAS, Deciarant, is the Declarant for all of Tavola which is being developed as a residential and commercial subdivision and Declarant desires to subject it to this Declaration so as to provide and adopt a uniform plan of development, including assessments, conditions, covenants, easements, reservations, and restrictions designed to govern, control, and preserve the values and amenities of this land for the development, improvement, sale, use, and enjoyment of the Property as a residential and commercial subdivision for the benefit of this land and each owner of any part of this land. All Restricted and Unrestricted Reserves presently or hereafter subject to this Declaration or subsequently subjected to this Declaration are, however, specifically excepted from Article Ix, Restrictions of Use. It has been deemed desirable, for the efficient preservation of values and amenities in the Property, to create an Association to which shall be delegated and assigned the powers of administering and enforcing the provisions of this Declaration including levying, collecting, and disbursing the assessments. To exercise these functions, an association has been created under the name Tavola Community Association, Inc., a non-profit corporation created under the laws of the State of Texas. The directors of the Association have established By-Laws by which the Association shall be governed. Declarant declares that the Property shall be developed, improved, sold, used, and enjoyed in accordance with and subject to the following plan of development, including the assessments, conditions, covenants, easements, reservations, and restrictions of this Declaration, all of which are adopted for and placed upon: the Property; shall run with the Property and be binding on all parties who now or hereafter have or claim any right, title, or interest in the Property or any part of the Property, and on the heirs, executors, administrators, successors, and assigns of such parties, regardless of the source of or the manner in which any such right, title, or interest is or may be acquired; and shall inure to the benefit of each owner of any part of the Property. ARTICLE I DEFINITIONS Se ion 1 “Architectural Guidelines” shal] mean and refer to the Builder Guidelines (for each Lot) and the Commercial Guidelines (for each Commercial Unit) adopted by the Architectural Review Committee and amended from time to time to establish the restrictions for improvements made to all Lots and Commercial Units subject to this Declaration. Secti “Architectural Review Committee" or “ARC” shall mean and refer to the Tavola Architectural Review Committee created by Article VI, Section 1 hereof. Tavola Declaration 857646 sap 351045-63 4/15/2014 EXHIBIT A=] Section 3. “Association” shall mean and refer to Tavola Community Association, Inc., a non- profit corporation incorporated under the laws of the State of Texas, and its successors and assigns. Section 4. “Board” shall mean and refer to the duly elected Board of Directors of the Association. Section 5. "Builder" shall mean and refer to a department of Declarant or any other entity to which Declarant conveys Lots or Commercial Units for the purpose of constructing homes or other permitted structures thereon. Section 6. “Capitalization Fees” shall mean and refer to the fee paid to the Association at the time of closing of a Lot or Commercial Unit to another Owner. The Capitalization Fee shall equal 50% of the then current annual assessment being charged by the Association. Section 7. "Commercial Unit" and "Commercial Units" shall include all land areas and reserves other than Lots, Common Open Areas, and any additional land areas and reserves other than Lots, Common Open Areas, and acreage that may thereafter be brought within the jurisdiction of the Association. Each Commercial Unit shall contain 10,000 square feet of commercial land or 20,000 square feet of multi-family land and shall be the equivalent of one Lot or proportional fraction thereof for purposes of membership, voting rights and assessment in and by the Association. Section 8. "Common Open Area" and "Common Open Areas" shall mean all real property owned by the Association for exclusive common use and enjoyment of the Owners, members: of their families and guests. Section 9. "Conveyance" shall mean and refer to conveyance of a fee simple title to the surface estate of a Lot or Commercial Unit from one Owner to another. Section 10. “Lot" and "Lots" shall mean and refer to any plat of land shown upon any recorded subdivision map of the Property upon which there has been or may be constructed a single- family residence. There may be created and made subject to this Declaration, a total of Lots in the entire Property. Section 11. "Declarant" shall mean and refer to Lennar Homes of Texas Land and Construction, Ltd., D/B/A Friendswood Development Company or any assignee, in whole or in part, of the rights and duties of the Declarant hereunder which is executed and recorded in the Montgomery County Real Property Records. Section 12. "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions and any Amendments hereto applicable to the Property recorded in the Montgomery County Real Property Records, as the same may be amended from time to time therein provided. Section 13. "Development Period" shall mean and refer to that period of time in which Declarant is the Owner of any Lot or Commercial Unit. Section 14. “Foundation Fees” shall mean and refer to the fee paid to the Tavola Community Foundation, Inc. at the time of closing of a Lot or Commercial Unit to another Owner. The Foundation Fee shall equal 0.25% of the gross sales price of the Lot or Commercial Unit being sold. Section 15. "Member" shall mean and refer to those persons entitled to membership as provided in Article IV, Section 1, of this Declaration. There are Class A and Class B members, as hereinafter set forth. The period of Class B membership shall be declarant control period and a Development Period, as those terms are used in any relevant legislation. Tavola Declaration +2 4/15/2014 Section 16. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to the surface estate in any Lot or Commercial Unit which is a part of the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 17. "Property" shall mean and refer to all of Tavola, including but not limited to the Teal property set forth in this Declaration, and any additions thereto as may have heretofore or hereafter be brought within the jurisdiction of the Association by annexation. Section 18. "Transfer" shall mean and refer to the transfer of the surface estate of a Lot or Commercial Unit from one legal entity to any department thereof or to another legal entity whether or not the owner of record changes. ARTICLE I RESERVATIONS, EXCEPTIONS, DEDICATIONS AND CONDEMNATION Section 1. Incorporation of Plat. The subdivision plats of the various sections of Tavola, dedicate for use as such, subject to the limitations set forth therein, certain streets and easements shown thereon, and such subdivision plats further establish certain dedications, limitations, reservations and restrictions applicable to the Property. All dedications, limitations, restrictions and reservations shown on the subdivision plats, to the extent they apply to the Property, are incorporated herein and made a part hereof as if fully set forth herein, and shall be construed as being adopted in each contract, deed and conveyance executed or to be executed by or on behalf of Declarant, conveying each Lot or Commercial Unit within the Property. Section 2. Reservation of Minerals. The Property, and any future land made subject to this Declaration, is hereby subjected to the following reservation and exception: All oil, gas and other minerals in, on and under the herein above described Property are hereby excepted or reserved by predecessor or predecessors in title of Declarant and which exception is made in favor of present owner or owners of such minerals as their interests may appear of record. Section 3. Condemnation. If all or any part of the Common Open Area is taken or threatened to be taken by eminent domain or by power in the nature of eminent domain (whether permanent or temporary), the Association and each Owner shall be entitled to participate in proceedings incident thereto at their respective expense. The expense of participation in such proceedings by the Association shall be borne by the Association and paid for out of assessments collected pursuant to Article V hereof. The Association is specifically authorized to obtain and pay for such assistance from attorneys, appraisers, architects, engineers, expert witnesses and other persons as the Association in its discretion deems necessary or advisable to aid or advise it in matters relating to such proceedings. All damages or awards for such taking shall be deposited with the Association. If an action in eminent domain is brought to condemn a portion of the Common Open Areas, the Association, in addition to the general powers set out herein, shall have the sole authority to determine whether to defend or resist any such proceeding, to make any settlement with respect thereto; or to convey such portion of the Property to the condemning authority in lieu of such condemnation proceeding. ARTICLE fil PROPERTY RIGHTS Section 1. Owner's Easements of Enjoyment. Every Lot and Commercial Unit Owner who resides on the Property shall have a right to an easement of enjoyment in and to the Comrnon Open Areas which shall be appurtenant to and shall pass with the title to every Lot or Commercial Unit, subject to the following provisions: Tavola Declaration “3 4/15/2014 (a) the right of the Association and/or Declarant to grant or dedicate easements in, on, under or above the Common Open Areas or any part thereof to any public or governmental agency or authority or to any utility company for any service to the Property of any part thereof, (b) the right of the Association to prevent an Owner from planting, placing, fixing, installing or constructing any vegetation, hedge, tree, shrub, fence, wall, structure or improvement or store any personal property on the Common Open Areas or any part thereof without the prior written consent of the Association. The Association shall have the right to remove anything placed on the Common Open Areas in violation of the provisions of this subsection and to assess the cost of such removal against the Owner responsible. Such cost shall be an additional assessment as hereinafter provided for; (c) the right of Declarant (and its sales agents and representatives) to the non-exclusive use of the Common Open Areas and the facilities thereof, for display and exhibit purposes in connection with the sale of Lots or Commercial Units within the Property, which right Declarant hereby reserves; provided, however, that such use shall not continue for a period of more than twenty five (25) years after conveyance of the Common Open Areas within the Property to the Association, provided, further, that no such use by Declarant or its sales agents or representatives shall otherwise unreasonably restrict the Members in their use and enjoyment of the Common Open Areas; (a) the right of the Association to limit the number of guests of Owners utilizing the recreational facilities and improvements owned by the Association and provided upon Comrnon Open Areas; (e) the right of the Association to establish uniform rules and regulations and to charge reasonable admission and other fees pertaining to the use of any recreational facilities owned by the Association; and () the right of the Association to suspend the voting rights of an Owner (unless prohibited by law) and the Owner's right to use any recreational facility of the Association during the period the Owner is in default in excess of thirty (30) days in the payment of any maintenance charge assessment against a Lot or Commercial Unit and to suspend such rights for a period not to exceed sixty (60) days for any infraction of its published rules and regulations. The aforesaid rights of the Association shall not be exclusive but shall be cumulative of and in addition to all other rights and remedies which the Association may have by virtue of this Declaration or its By-Laws or at law or in equity on account of any such default or infraction. Section 2. Delegation of Use. Owners subject to an easement of enjoyment in and to the Common Open Areas may delegate their right to or enjoyment of the Common Open Areas to members of their families, tenants or contract purchasers who reside in Owner's residential dwelling or commercial structure. Section 3. Waiver of Use. No Owner may be exempt from personal liability for assessments duly levied by the Association, nor release a Lot or Commercial Unit owned from the liens and charges hereof, by waiver of the use and enjoyment of the Common Open Areas thereon or by abandonment of Owner's Lot or Commercial Unit. Section 4. Easement for Entry. The Association shall have an easement to enter into any Lot or Commercial Unit for emergency, safety, and for other purposes reasonably necessary for the proper maintenance and operation of the Property, which right may be exercised by the Association's Board of Directors, officers, agents, employees, managers, and all policemen, firemen, ambulance personnel, and similar emergency personnel in the performance of their respective duties. Except in an emergency situation, entry shall only be during reasonable hours and after notice to the Owner. It is intended that this right of entry shall include (and this right of entry shall include) the right of the Association to enter a Lot or Commercial Unit (and the improvements thereon) to cure any condition which may increase the possibility of a fire or other hazard in the event an Owner fails or refuses to cure the condition upon request by the Board. The easement for entry is also for the benefit of each Owner of a Lot or Tavola Declaration -4- 4/15/2014 Commercial Unit, for ingress and egress, over and across the other Lots or Commercial Units (although the easement for Owners does not extend to the inside of the improvements on a Lot or Commercial Units) for emergency purposes and/or during emergency situations, to allow Owners to remove themselves from danger. Section 5. Easement for Maintenance. There are hereby reserved to the Association easements over the Property as necessary to enable the Association to fulfill the Association's maintenance responsibilities described in this Declaration. Except as otherwise provided herein, all costs associated with maintenance, repair and replacement of the Common Open Areas, perimeter fencing and private utility easements shall be a common expense to be allocated among the Units as part of the annual assessments. Section 6. Indemnification. The Association and Owners each covenant and agree, jointly and severally, to indemnify, defend and hold harmless Declarant, and its respective officers, directors, parent and/or subsidiary entities, partner(s) and any related persons or corporations, and their employees, professionals and agents from and against any and all claims, suits, actions, causes of action or damages arising from any personal injury, loss of life, or damage to property, sustained on or about the Common Open Areas or other property serving the Association and improvements thereon, or resulting from or arising out of activities or operations of Declarant or of the Association, or of the Owners, and from and against all costs, expenses, court costs, counsel fees (including, but not limited to, all trial and appellate levels and whether or not suit be instituted), expenses and liabilities incurred or arising from any such claim, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders, judgments or decrees which may be entered relating thereto. The costs and expense of fulfilling this covenant of indemnification shall be considered operating costs of the Association to the extent such matters are not covered by insurance maintained by the Association. IT IS EXPRESSLY ACKNOWLEDGED THAT THE INDEMNIFICATION IN THIS SECTION PROTECTS DECLARANT (AND/OR ITS RESPECTIVE OFFICERS, DIRECTORS, PARENT AND/OR SUBSIDIARY ENTITIES, PARTNER(S) AND ANY RELATED PERSONS OR CORPORATIONS, AND THEIR EMPLOYEES, PROFESSIONALS AND AGENTS) FROM THE CONSEQUENCES OF THEIR RESPECTIVE ACTS OR OMISSIONS, INCLUDING WITHOUT LIMITATION, DECLARANT'S (AND/OR ITS RESPECTIVE OFFICERS’, DIRECTORS’, PARENT AND/OR SUBSIDIARY ENTITIES’, PARTNER(S)' AND ANY RELATED PERSONS’ OR CORPORATIONS’, AND THEIR EMPLOYEES’, PROFESSIONALS’ AND AGENTS’) NEGLIGENT ACTS OR OMISSIONS, TO THE FULLEST EXTENT ALLOWED BY LAW. Section 7. National Electrical Safety Code Notice. Entergy has installed high voltage electrical lines (“Overhead Power Lines”) on certain Lots and Reserves on the Property. Owners are advised that applicable State and Federal laws mandate the requirement to maintain safe clearance distances from such Overhead Power Lines (as well as other electrical facilities) as prescribed by O.S.H.A., Chapter 752 of the Texas Health and Safety Code, the National Electric Code, and the National Electric Safety Code. Section 8. Easement Regarding Association Fences. Declarant hereby reserves for itself and for the Association a non-exclusive right-of-way and easement for the purpose of constructing, maintaining, operating, repairing, removing and re-constructing a perimeter fence under, across and through a 5' strip of the Lots along the perimeter of the Property and such other locations as determined by Declarant, on which 5° strips the Association may construct such perimeter fencing. Prior to the construction of the fence, the Declarant and/or the Association shall have the right to go over and across the portions of the Lots that are adjacent to such 5' easement strips for the purpose of performing surveys and other such necessary pre-construction work. After the construction of the fence, Declarant and/or the Association, from time to time, and at any time, shall have a right of ingress and egress over, along, across and adjacent to said 5' easement strips for purposes of maintaining, operating, repairing, removing, re-constructing, and/or inspecting the fence. The Owners of the Lots shall have all other rights in and to such 5' easement strip located on each Owner's respective Lot; provided however, such Owner shall not damage, remove or alter the fence or any part thereof without first obtaining written: approval Tavola Declaration ~6 411612014 from the Declarant and/or the Association with respect to any such action, such approval to be at the Declarant’s and/or the Association sole discretion. ARTICLE IV MEMBERSHIP AND VOTING RIGHTS Section 1. Membership. Each person or entity who is a record Owner of any of the Property, which is subject to assessment by the Association, shall be a Member of the Associzition. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one membership. Membership shall be appurtenant to and may not be separated from ownership of the land, which is subject to assessment, by the Association. Section 2. Voting Classes. The Association shall initially have two classes of voting membership: Class A. Class A members shall be all Owners with the exception of the Declarant (except as hereinafter provided) and shall be entitled to one vote for each Lot, equivalent Lot, or Commercial Unit owned. When more than one person holds an interest in any Lot or Commercial Unit, all such persons shall be members. The vote of such Lot or Commercial Unit shall be exercised as the persons among themselves determine, but in no event shall more than one vote be cast with respect to each Lot or Commercial Unit owned. Class B. The Class B member shall be the Declarant and shall be entitled to ten (10) votes for each Lot or Commercial Unit owned. Class B membership shall cease and be converted to Class A membership on the earlier of the following dates: (a) On the date on which the Declarant has sold and conveyed all of the Lots and Commercial Units it owns in the Property (including property hereafter annexed into the jurisdiction of the Association). (b) January 1, 2040; or (c) when, in its discretion, the Declarant so determines and records an instrument to such effect in the Real Property Records of Montgomery County. From and after the happening of these events, whichever occurs earlier, the Class "B" member shall be deemed to be a Class "A" member entitled to one (1) vote for each Lot or Commercial Unit it owns. At such time that additional property is annexed into the Association, the Class B Membership of the Declarant, shall, if it had previously ceased due to one of the conditions listed above in (a), (b) or (c) be reinstated and shall apply to all Lots and Commercial Units owned by Declarant in the newly annexed portion of the Property, as well as to all Lots and Commercial Units owned by Declarant in all other areas of the Property. Such reinstatement is subject to further cessation in accordance with the limitation set forth in the preceding paragraphs (a), (b) and (c) of this Article, whichever occurs first. However, upon reinstatement due to annexation of additional property into the Property, the period of time set forth in the preceding paragraph (b) of this Article shall be extended to the extent necessary such that in all circumstances it extends for a period no shorter than ten (10) years from the date of each such recorded annexation (i.e. Supplementary Declaration). Tavola Declaration -6 4115/2014 ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot or Commercial Unit owned within the Property, hereby covenants, and Owner of any Lot or Commercial Unit by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (@) annual assessments or charges; and (b) additional assessments as herein provided; and (c) special assessments, which are to be established and collected as herein provided; and (4) Capitalization Fees as herein provided. The annual, additional, and special assessments, and Capitalization Fees together with interest, late fees, penalties, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing and contractual lien upon the Lot or Commercial Unit against which each such assessment is made. Each such assessment, charge of fee, together with interest, late fees, penalty, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such Lot or Commercial Unit at the time when the assessment, charge or fee became due. The personal obligation for delinquent assessments, charges and fees shall not pass to the Owner's successors in title unless expressly assumed by them. Section 2. Purposes of Assessment. The assessments levied by the Association shall be used exclusively for the purposes of promoting the health, safety and welfare of the Members of the Association and for the improvement and maintenance of the Common Open Areas including the improvements and landscaping thereon and private utility easements as noted on any plat of any portion of the Property, and perimeter fencing, all as may be more specifically authorized from time to time by the Board of Directors. The judgment of the Board of Directors as to expenditures shall be final and conclusive so long as its judgment is exercised in good faith. The Board of the Association may borrow funds, if needed, for additional deficit funding, and may instruct officers of the Association to execute promissory note(s) to evidence such borrowed money and the obligation to repay such borrowed money. Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot or Commercial Unit to an Owner, the maximum annual assessment shall be $1,000 per Lot or Commercial Unit. (a) From and after January 1 of the year immediately following the conveyance of the first Lot or Commercial Unit to an Owner, the maximum annual assessment may be increased each year above the maximum assessment for the previous year without a vote of the membership by the percentage change by which the Consumer Price Index for the immediately preceding calendar year exceeds such Index for the calendar year prior thereto or by fifteen percent (15%), whichever is greater. As used herein, the "Consumer Price Index" shall mean the year-end Consumer Price Index for All-Urban consumers, published by the U.S. Department of Labor (or a generally accepted replacement should such Index no longer be published). The Association specifically has the power granted in the Texas Property Code Section 204.010(a)(16) to assess the increase annually or accumulate and assess the increase after a number of years. (b) From and after January 1 of the year immediately following the conveyance of the first Lot or Commercial Unit to an Owner the maximum annual assessment may be increased above the rates specified in this Section 3, Paragraph (a) by a vote of two-thirds (2/3) of each class of Members entitled to vote in person or by proxy, at a meeting duly called for this purpose at which a quorum is present. Tavola Declaration -7 4115/2014 Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying in whole or in part, the cost for necessary purposes of the Association, such as the construction, reconstruction, repair or replacement of a capital improvement in the Common Open Areas, including fixtures and personal property related thereto, or for counsel fees or the fees of other retained experts. However, in the event that a special assessment is more than one-half (1/2) of the then annual assessment amount, then any such special assessment shall require the assent of two-thirds (2/3) of the total votes of both classes of Members entitled to vote in person or by proxy, at a meeting duly called for this purpose at which a quorum is present. Section 5. Rate of Assessment. All Lots and Commercial Units within the Property shall commence to bear their applicable assessments as set forth herein. Lots or Commercial Units which are owned by or transferred to a Builder or which are occupied by residents shall each be subject to an annual assessment as determined by the Board of Directors pursuant to the terms of this Declaration. All Lots or Commercial Units which are owned by Declarant shall be assessed at the rate of one-fourth (1/4) of the annual assessment; however, said assessment shall be made only in the event that assessments from Lots and Commercial Units owned by other than Declarant are not sufficient to meet the operating budget of the Association. As used in this Section 5, the term "Declarant" shall be construed to mean only Friendswood Development Company, and its succes