THIS DECLARATION, made this 15th day of April, A.D. 1969, by HOLIDAY HOMES CONSTRUCTION OF PRESTONWOOD, INC., hereinafter called Declarant.
W I T N E S S E T H:
WHEREAS, Declarant is the owner of the real property described in Article II of this declaration and desires to create thereon a residential community with permanent parks, playgrounds, open spaces, and other common facilities for the benefit of the community; and
WHEREAS, Declarant desires to provide for the preservation of the values and amenities in said community and for the maintenance of said parks, playgrounds, open spaces, and other common facilities; and, to this end, desires to subject the real property described in Article II together with such additions as may hereafter be made thereto (as provided in Article II) to the covenants, restrictions, easements, charges and liens, hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and
WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the values and amenities in said community, to create an agency •to which should be delegated and assigned the powers of maintaining and administering the community properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and
WHEREAS, Declarant has incorporated under the laws of the State of Texas as a non-profit corporation, Holiday Park Home Owners Association, for the purpose of exercising the functions aforesaid;
NOW, THEREFORE, Holiday Homes Construction of Prestonwood, Inc. declares that the real property described in Article II, and such additions thereto as may hereafter be made pursuant to Article II hereof, is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as “covenants and restrictions”) hereinafter set forth.
Section 1. The following words when used in this Declaration or any Supplemental Declaration (unless the context shall prohibit) shall have the following meanings:
(a) “Association” and/or “Corporation” shall mean and refer to the Holiday Park Home Owners Association, a Texas non-profit corporation.
(b) “The Properties” shall mean and refer to all such existing properties, and additions thereto, as are subject to this Declaration or any Supplemental Declaration under the provisions of Article II, hereof.
(c) “Common Properties” shall mean and refer to those areas of land designated as “Common Properties” on the map of said Subdivision recorded in Volume 68042, Page 1600, Map Records of Dallas County, Texas.
(d) “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of The Properties with the exception of Common Properties as heretofore defined.
(e) “Owner” and/or “Member” shall mean and refer to the recorded owner, whether one or more persons or entities, of the fee simple title to any lot situated upon The Properties but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
(f) “Declarant” shall mean and refer to Holiday Homes Construction of Prestonwood, Inc., a Texas corporation, its successors and any assigns, other than an Owner, who shall receive by assignment from Holiday Homes Construction of Prestonwood, Inc. all, or a portion, of its rights hereunder as such Declarant, by an instrument expressly assigning such rights as Declarant to such Assignee.
PROPERTY SUBJECT TO THIS DECLARATION:
Section 1. Existing Property:
The real property which is, and shall be, held, transferred, sold conveyed, and occupied subject to this Declaration is located in Dallas County, State of Texas, and is more particularly described as follows:
BEING tract of land situated in the John Becknell Survey, Abstract No. 53, Dallas County, Texas, also being in City of Dallas, Block No. 8195, and being more particularly described as follows:
BEGINNING at the northeast corner of said tract of land, being the point of the intersection of the west line of Meandering Way South, a 60-foot width street, and the south line of La Bolsa Drive, a 50-foot width Street;
THENCE in a northwesterly direction along a curve to the left having a central angle of 24° 48’ 02” and a. radius of 133. 43’, a distance of 74.59’ to the end of the curve;
THENCE West 1778.44 feet;
THENCE South 812.0 feet;
THENCE East 1788.85 feet;
THENCE in a southeasterly direction along a curve to the right, having a central angle of 5° 35 ‘ 33” and a radius of 517.08 feet, a distance of 60.23’;
THENCE in a southeasterly direction along a curve to the right, having a central angle of 0° 06’ 08” and a radius 567.65’ a distance of 1.01’:
THENCE North along the West line of Meandering Way South 796.41 feet to the place of beginning, containing approximately 32 acres of land, all of which real property shall hereinafter be referred to as “Existing Property.”
Section 2. Additions to Existing Property..
Additional lands may become subject to this Declaration in any of the following manners:
(a) The owner of any property (other than Declarant) who desires to add it to the scheme of this Declaration, may do so upon compliance with the provisions of paragraph. (c) herein, by filing of record a Supplementary Declaration of Covenants and Restrictions, which shall extend the scheme of the covenants and restrictions of this Declaration to such property, PROVIDED HOWEVER, that such Supplementary Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added properties and as are not inconsistent with the scheme of this Declaration. In no event, however, shall such Supplementary Declaration modify or add to the covenants established by this Declaration for the Existing Property.
(b) Upon a merger or consolidation of the Association with another association as provided in its Articles of Incorporation, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants and restrictions established by this Declaration with the Existing Property together with the covenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration for the Existing Property except as hereinafter provided.
(c) In the event any owner desires the annexation of additional residential property and/or common area pursuant to paragraph (a) herein such annexation must have the affirmative approval of two-thirds (213) of each class of Association’s Members.
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. Every person or entity who is a record owner of a fee interest in any Lot which is a part of the Properties and which is subject by covenants of record to assessment by this corpora-tion shall automatically be a Member.
Section 2. The Association shall have two classes of voting membership:
Class A. Class A Members shall be all those owners defined in Article Three with the exception of Declarant. Class A Members shall be entitled to one vote for each lot in which they hold the interest required for membership by Article Three. When more than one person holds such interest or interests in any Lot, all such persons shall be Members, and the vote for such Lot shall be exercised as they, among themselves, determine, but in no event shall more than one vote be cast with respect to any, such Lot.
Class B. Class B members shall be Declarant. The Class B member shall be entitled initially to three votes for each Lot in which it holds the interest required for membership by Article III, and the Class B member shall be entitled to the said three votes for each Lot in which it holds the re-quired interest at all times when the total Lots owned by the Class B membership is greater than one-third of the total Lots owned by the Class A membership, PROVIDED HOWEVER, that when the total Lots owned by the Class A membership equals or exceeds three times the total Lots owned by the Class B membership, the Class B member shall, during the time such equality or excess continues, be entitled to only one vote for every Lot; and PROVIDED FURTHER that from and after December 31, 1975, notwithstanding any other provisions of this Article, the Class B member shall be entitled to only one vote for every such Lot.
Section 3. Quorum and Notice Requirements.
(a) Subject to the provisions of paragraph (c) of this Section, any action authorized by Sections 3 (c) and 4 of Article V shall require the assent of two-thirds (2/3) of each class of Members who are voting in person or by proxy at a meeting duly called for that purpose, written notice of which shall be given to all Members not less than thirty (30) days nor more than sixty (60) days in advance and shall set forth the purpose of such meeting.
(b) The quorum required for any action referred to in paragraph (a) of this Section shall be as follows:
At the first meeting called, as hereinafter provided, the presence at the meeting of Members, or of proxies, entitled to cast sixty (60) per-cent of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present at the meeting, one additional meeting may be called, subject. To the notice requirement hereinafter set forth, and the required quorum at such second meeting shall be one-half (1/2) of the required quorum at the pre-ceding meeting; provided, however, that no such second meeting shall be held more than sixty (60) days following the first meeting.
(c) Any provisions of this Declaration to the contrary notwithstanding, any action referred to in paragraph (a) may be taken with the assent given in writing and signed by two-thirds (2/3) of each class of Members.
(d) Except as specifically set forth in this Declaration notice, voting and quorum requirements for all action to be taken by the Association shall be as set forth in its Articles of Incorporation and By-laws, as same may be amended from time to time.
PROPERTY RIGHTS IN THE COMMON PROPERTIES
Section 1. Members’ Easements of Enjoyment. . Subject to the provisions of Section 3 of this Article, every Member shall have a right and easement of enjoyment in and to the Common Properties and such easement shall be appurtenant to and shall pass with the title to every Lot.
Section 2. Title to Common Properties.
The Declarant hereby covenants for itself, its successors and assigns, that it will, on or before April 15 , 1970 (i) convey fee simple title to the Common Properties to the Association, free and clear of all encumbrances and liens, and (ii) obtain and furnish to the Association at the time of such conveyance, and at the cost and expense of Declarant, a title insurance policy, insuring good and indefeasible fee simple title to the Common Properties in the Association in an amount not less than SEVEN THOUSAND AND NO/10O Dollars ($7,000.00 )/per
Section 3. Extent of Members’ Easements. The rights and easements of enjoyment created hereby shall be subject to the following:
(a) The right of the Association to prescribe regulations governing the use, operation and of the Common Properties (including limiting of guests of members);
(b) Subject to the affirmative approval of two-thirds (2/3) of each class of Members, the right of the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the Common Properties and facilities and in aid thereof to mortgage the Common Properties shall be subordinate to the rights of the homeowners hereunder.
(c) The right of the Association to take such steps as are reasonably necessary to protect the Common Properties against foreclosure;
(d) The right of the Association, as provided in. its Articles and By-Laws, to suspend the voting rights of any Member and to suspend the right of any Member to use any of the Common Properties and/or common facilities for any period during which any assessment against a Lot owned by such Member remains unpaid, and for any period not to exceed thirty (30) days for an infraction of its rules and regulations;
(e) The right of the Association to charge reasonable admission and other fees for the use of recreational facilities on the Common Properties; and
(f) Subject to approval by written consent of two-thirds (2/3) of each class of Members, the right of the Association to dedicate or transfer all or any part of the Common Properties to any public agency, authority, or utility for such purposes and upon such conditions as may be agreed to by the Members.
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. Declarant, for each Lot owned by it within The Properties, hereby covenants and agrees, and each purchaser of any lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association: (1) annual assessments or charges; (2) special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as herein-after provided. The annual and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made. Each such assessment together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the resident in the area to be known as HOLIDAY PARK, Block B/8195, an addition to the City of Dallas, Texas, and in particular for the improvement and maintenance of private roadways, walkways, and other properties, services and facilities devoted to this purpose and directly related to the use and enjoyment of the Common Properties and of the homes situated upon the properties, including, but not limited to, the payment of taxes and insurance thereon and repair, replacement and additions thereto , and for the cost of labor, equipment, materials, management and supervision thereof, and for carrying out the purpose of the Association as stated in it Articles of Incorporation.
Section 3. Basis and Maximum of Annual Assessments.
(a) Until the year beginning January 1, 1971, the Annual assessment shall be Ninety ($90.00) Dollars for each Lot not owned by Declarant and Sixty ($60.00) Dollars for each Lot owned by Declarant at the time of each such annual assessment
(b) Commencing with the year beginning with January 1, 1971, and each year thereafter, the Board of Directors of the Association, at its annual meeting next preceding such January 1, 1971, and each January 1, thereafter, may, after consideration of current maintenance costs and future needs of the Association, fix the annual assessment for each year without a vote of the Members, at an amount not to exceed an increase’ of three percent (3%) above the maximum assessment for the previous year. The assessment for each Lot owned by Declarant, at the time of the annual assessment, shall be an amount equal to two-thirds (2/3) of the amount assessed against each Lot owned by the other Members.
(c) Commencing with the year beginning with January 1, 1971, and in each year thereafter, any increase in the annual assessment above three percent (3%) of the maximum previous annual assessment must be approved by each class of the Association’ s Members, as provided in Section 3 of Article III.
Section_4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized by Section 3 hereof, 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 of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Properties, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the affirmative approval of the Association’ s Members, as provided in Section 3, Article III.
Section 5. This section is omitted pursuant to the “Corrected First Amendment to Declaration of Covenants and Restrictions”
Section 6. This section is omitted pursuant to the “Corrected First Amendment to Declaration of Covenants and Restrictions”
Section 7. Date of Commencement of Annual. Assessment: Due Dates. The annual assessments provided for herein shall commence on the first day of the month following the conveyance of the Common Properties to the Association, and shall be payable monthly, in advance, on the first day of each month thereafter.
The first annual assessment shall be made for the balance of the calendar year in which it is levied, The amount of the annual assessment which may be levied for the balance remaining in the firs year of assessment shall be an amount which bears the same relationship, to the annual assessment provided for in Section 3 hereof as the remaining number of months in that year bear to twelve; provided however, that if the date of commencement falls on other than the first day of a month, the assessment for such month shall be prorated by the number of days remaining in the month. The first annual assessments shall be due and payable, in as many equal installments as there arc Monthly Payment Dates remaining in the first year, said installments to be due and payable on said Monthly Payment Dates. The same pro rata reduction in the amount of the assessment shall apply to the first annual assessment levied against any Lot which is hereafter added to the Lots now subject to assessment at a time other than the beginning of any assessment period.
The due date or dates, if it is to be paid in installments, of any special assessment under Section 4 hereof shall be fixed in the resolution authorizing such assessment.
Section 8. Duties of the Board of Directors with respect to assessments. The Board of Directors of the Association shall fix the date of commencement and the amount of the assessment against each lot for each assessment period at least thirty (30) days in advance of such date or period and shall, at that time, prepare a roster of the properties and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner.
Written notice of the assessment shall thereupon be sent to every Owner subject thereto.
The Association shall upon demand at any time furnish to any Owner liable for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.
Section 9. Effect of Non-Payment of Assessment: The Personal Obligation of the Owner: The Lien: Remedies of the Corporation. If the assessments are not paid on the date when due (being the dates specified in Sec 7 hereof), then such assessment shall become delinquent and shall, together with such interest thereon and of. collection thereof as hereinafter provided, there upon become a continuing lien on the property which shall bind such property in the hands of the then owner, .his heirs, devisees, personal representative and assigns. The personal obligation of the then o to pay such assessment, however, shall remain his personal obligation for the statutory period and shall not pass to his successors in title unless expressly assumed by them.
If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of eight percent (8%) per annum, and the corporation may bring an action at law against the owner persona obligated to pay the same or to foreclose the lien against the property and there shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action and in the event judgment is obtained such judgment shall include interest on the assessment as above provided and a reasonable attorney’s fee to be fixed by the court together with the costs of the action.
In the event the corporation should fail or be unable for any reason to collect the assessments provided for herein, then the City of Dallas shall be authorized to levy, assess and collect such assessments along with the taxes levied, assessed and collected the City of Dallas on such properties.
Section 10. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the properties subject to assessment; PROVIDED HOWEVER, that such subordination shall apply only to the assessments which have become due and payable prior to the sale of such property pursuant to a decree of foreclosure of any such mortgage. Such sale shall not relieve such property from liability for any assessments thereafter becoming due nor from the lien of any such subsequent assessment.
Section 11. Rights of the City of Dallas. In the event of the dissolution of the Association, or if the Association fails or refuses to adequately maintain the appearance and conditions of the Common Properties which it is obligated to maintain under the provisions hereof, the City of Dallas shall have the right and may assume the duty of performing all such maintenance obligations of the Association (1) at any time after such dissolution on giving written notice to the owners, or (2) at any time after the expiration of ten (10) days after receipt by the Association of written notice from the City of Dallas setting forth in detail the nature and extent of such failure, unless such failure shall have been remedied within said ten (10) days. Pursuant to this end, the City of Dallas may collect any assessments, annual and/or special, set by the Board of Directors as provided for herein, which such annual assessments shall be not less than the initial annual assessments per lot herein provided, any provision of Section 3 and Section 5 of this Article to the contrary notwithstanding, when the same shall become due and, if necessary, enforce the payment of delinquent assessments in the manner set forth in this Declaration or, in the alternative the City of Dallas may levy an assessment upon each lot covered by the provisions hereof on a pro rata basis for the cost of such maintenance, expense and overhead, notwithstanding Section 3, Section 4, Section 5, Section 7, and Section 10 of this Article, which assessment shall constitute a lien upon the land assessed; and , furthermore, during such period of failure or dissolution , the Association shall have no obligation or authority with respect to the maintenance of the Common Properties. The power and authority herein granted to the City of Dallas shall cease to exist at such time as the Association shall deliver to the City of Dallas substantial evidence of its willingness and ability to resume maintenance of the Common Properties.
In the event the City of Dallas assumes the duty of performing the maintenance obligations of the Association by written acknowledgement unto the Association, then the City, its agents, representatives and employees shall have right of access to and over the Common Properties for the purposes of maintaining, improving and preserving the same.
In no event, and under no circumstances, shall the City of Dallas be liable to the property owners, their heirs, devisees, personal representatives, and assigns of this association for negligent acts or construction relating in any manner to maintaining, improving and preserving these Common Properties.
ARCHITECTURAL CONTROL COMMITTEE
No erection of structures or exterior additions or alterations to any building situated upon The Properties nor erection of or changes or additions in fences, walls, sidewalks, driveways, and concrete pads, and other structures shall be commenced, erected or maintained until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design, appearance and location in relation to surrounding structures and topography by an architectural committee which may consist of members of the Board of Directors , persons who are members of the Corporation, and qualified architects, planners, and builders, as designated by the Board of Directors of the Association. In the event said committee, or its designated representatives, fail to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, and if no suit to enjoin the addition, alteration or change has been commenced prior to the completion thereof, approval will not be required and this article will be deemed to have been fully complied with. Neither the members of such committee nor its designated representative shall be entitled to compensation for services performed pursuant to this Article.
Section 1. No Lot shall be used except for single-family residential purposes. For residential purposes, no structure shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling, not to exceed two stories above ground in height and private garage, and servants house for use of bona fide servants.
Section 1a. Each Lot shall be limited to one permanent vehicular driveway access.
Section 1b. No structure of a temporary character, mobile home, recreational vehicle, motor home, trailer, including boat trailer, storm shelter, tent, shack, detached garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporary or permanently.
Section 2. The floor area of the main structure, exclusive of one story open porches and garages, shall not be less than 1,250 square feet, on one story dwellings, and 1,500 square feet, exclusive of open porches and garages on one and one-half and two story dwellings; provided, however, that the total ground area covered by all buildings and improvements shall not exceed 2,677 square feet on any one lot. The private garage on each lot shall provide space for not less than 2 nor more than 3 cars. The doors of such garage shall front the private access roadway and shall be set back 22 feet and 6 inches from the edge of the roadway.
Section 3. No building shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building set back lines shown on the recorded plat.
Section 4. No residential structure shall be erected or placed on any building plot, which plot has a lot width and size less than that shown on the plat.
Section 5. Easements for installation, maintenance, repair and removal of utilities and drainage facilities and floodway easements are reserved by Declarant as shown on the recorded plat of said land, the provisions of said plat pertaining to use of land situated within such utility and floodway easements being hereby referred to for all purposes. Full right of ingress and egress shall be had by Declarant at all times over any dedicated easement for the installation, operation, maintenance, repair or removal of any utility together with the right to remove any obstruction that may be placed in such easement that would constitute interference with the use of such easement, or with the use, maintenance, operation or installation of such utility.
Section 6. No noxious or offensive activity as defined by Holiday Park’s Board of Directors shall be carried on upon any lot, nor shall anything be done thereon which may be or may become annoyance or nuisance to the neighborhood.
Section 7. Buildings, fences, mailboxes, driveways, and other structures, shall be maintained in good order and repair and free of debris including, but not limited to the seeding or sodding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery and the painting or other appropriate external care of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management.
Section 8. No signs of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot or a sign of not more than five square feet advertising the property for sale or rent. Additionally, a sign promoting a political candidate or a garage sale is allowed provided it is not more than five square feet and is not displayed for more than 15 consecutive days. A sign indicating involvement in a school activity is allowed provided it is not more than five square feet.
Section 9. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purposes.
Section 10. No lot shall be used or maintained as a dumping ground for rubbish, trash or garbage. Other waste shall not be kept except in sanitary containers.
Section 11. No fence, wall, concrete pad, structure, patio, or hedge shall be located nearer to any front, rear, or side lot lines than the building set back lines without prior approval by the Architectural Control Committee.
Section 12. Trucks with hauling capacity in excess of 1.0 ton, or vehicles with more than 12 seats shall not be permitted to park on the streets, common parking areas, driveways or lots over night, and no vehicle of any size which normally transports inflammatory or explosive cargo may be kept in this subdivision at any time.
Section 12a. RV vehicles, and motor homes are not permitted to park on the streets, common parking areas, driveways or lots, unless the RV is of a size that allows it to be housed completely within the existing private garage structure. The RV must be housed within the garage structure. However, as a temporary condition such vehicles may be parked over night on the street or driveway for a period not too exceed 7 consecutive days or 14 days per calendar year.
Section 13. A motorboat, house boat, personal water craft, or other water borne vehicle, or any small utility trailer or boat trailer may be maintained, stored or kept on any parcel of property covered by these covenants only if housed or screened completely within a structure which has been previously approved by the Architectural Control Committee described in Article VI hereof.
Section 14. No antenna or tower, visible from off the property, greater than 6 feet in any dimension shall be erected upon any lot without prior approval from the Architectural Control Committee.
Section 15. Trash receptacles will be stored adjacent to or behind the building setback line during non-trash collection days.
Section 16. Water, gas, lights, telephone, and other utilities shall be located underground on each lot.
Section 1. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by Holiday Park Home Owners Association, or the owner of any land subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date that this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless, an instrument signed by a majority of the then Owners of the Lots has been recorded, agreeing to change said covenants and restrictions in whole or in part provided, however, that no such agreement to change shall be effective unless made and recorded three (3) years in advance of the effective date of such change.
Section 2. Enforcement. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction either to restrain violation or to recover damages and against the land to enforce any lien created by these covenants; and failure by the Holiday Park Home Owners Association or any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter .
Section 3. Except as provided in Section 1 of this Article the Covenants and Restrictions of this Declaration may be abolished, amended and/or changed, in whole or in part, only with the ninety percent (90%) consent of the Members evidenced by a document in writing bearing each of their signatures during the first thirty (30) year period following the date this Declaration, and thereafter by a document signed by not less than seventy-five percent (75%) of the Members.
Section 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions, which shall remain in full force.
Section 5. FHA/VA Approval. Anything contained herein to the contrary notwithstanding, as long as there is Class B membership, the following actions will require the prior approval of the Federal Housing Administration or Veterans Administration:
Annexation of additional properties, Dedication of Common Properties, and Amendment of this Declaration of Covenants and Restrictions.
Except as hereinabove to the contrary provided, the Declaration shall remain in full force and effect in accordance with the terms and conditions thereof.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, hereunto set its hand and seal on the day and year first above written.