OWNERS CERTIFICATE, DEDICATIONS,
RESERVATIONS AND RESTRICTIONS
KNOWN ALL MEN BY THESE PRESENTS:
That Odom Northwest, L.L.C., hereby certifies that it is the owner & developer of and the only entity having any right, title or interest in and to the lands described as follows, to-wit:
A part of Northwest Quarter (NW/4) of Section Thirty-four (34), Township Ten (10) North, Range Three (3) West of Indian Meridian, City of Moore, Cleveland County, Oklahoma.
We further certify that we have caused said tract of land to be surveyed into blocks, lots, streets, and avenues, and have caused a plat to be made of said tract, showing accurate dimensions of lots, set-back lines, right-of-way widths of streets and easements for utilities. We hereby designate said tract of land as SENDERA LAKES, and hereby dedicate all streets and easements as shown on said Final Plat to the use of the public, for public highways, streets, drainage and utility easements, free from encumbrances. After initial installation of electric, telephone, cable, and gas lines, any duplicate lines, including transformers and pedestals, must be installed completely underground.
PROTECTIVE COVENANTS
For the purpose of providing an orderly development of a portion of the above described tract, and for purpose of providing adequate restrictive covenants for the mutual benefit of ourselves of our successors in title to the subdivision of a portion of said tract, we hereby impose the following restrictions to the following described portion of said subdivision, to-wit:
Lots One (1) to Twenty-one (21), inclusive in Block One (1); Lots One (1) to Fifteen (15), inclusive in Block Two (2); Lot One (1) to Eighteen (18), inclusive in Block Three (3); Lot one (1) to Twelve (12) inclusive in Block Four (4); SENDERA LAKES SECTION 1, being a part of Northwest Quarter (NW/4) of Section Thirty-four (34), Township Ten (10) North, Range Three (3) West of Indian Meridian, City of Moore, Cleveland County, Oklahoma
Until such time that Odom Northwest, L.L.C. should plat additional subdivisions, if any, in Section Thirty-four (34) Township Ten (10) North Range Three (3) West of the Indian Meridian, City of Moore, Cleveland County, Oklahoma, these protective covenants shall apply only to the lots described in this paragraph, and the terms lots as hereinafter used shall be applicable only to the lots described in this paragraph and the term subdivision shall apply only to the area included in the description as set forth in this paragraph. The term lot or lots shall not apply to other lot or lots shown in the recorded plat and the term subdivision shall not include any of the area not included in the description contained in this paragraph. The Sendera Lakes Homeowners’ Association shall be and is included in this declaration as attached hereto. Odom Northwest, L.L.C. may, in additional subdivision plats, impose these Dedications, Reservations and Restrictions on such additional subdivision plats and impose on this Section 1 such Dedications, Reservations and Restrictions, as set forth in such additional subdivision plats so that all lots in all subdivisions will be subject to the same Reservations and Restrictions.
1. USE: All of the lots in SENDERA LAKES SECTION 1 above described shall be known as, and reserved exclusively for use as residential lots and/or residential building sites for single-family structures. The term “Single Family” is intended to prohibit multiple families from permanently living in the same unit. The provision shall be strictly enforced if, in the sole discretion of the Architectural Committee or the Homeowners’ Association, the multiple family situations have become a nuisance to the neighbors.
2. ARCHITECTURAL COMMITTEE: The Architectural Control Committee’s (hereinafter called “ACC”) purpose is to promote good design and compatibility within the subdivision and in its review of plans, specifications, plot plans, color schemes and materials or determination of any waiver as hereinafter authorized, may take into consideration the nature and character of the proposed structure, the materials of which it is to be built, the availability of alternative materials, the site upon which it is proposed to be erected and the harmony thereof with the surrounding area. The ACC shall not be liable for any approval, disapproval or failure to approve hereunder, and its approval of plans, specifications, plot plan and other submittals shall not constitute a warranty or responsibility for building methods, materials, procedures, structural design, grading or drainage or code violations. The approval, disapproval or failure to approve of any plans, specifications, plot plans or other submittals shall not be deemed a waiver of any restrictions, unless the ACC is hereinafter authorized grant the particular waiver. Nothing herein contained shall in any way be deemed to prevent any of the owners of property in the Subdivision from maintaining any legal action relating to improvements within the Subdivision which they would otherwise be entitled to maintain. No building, outbuilding or other structure shall be erected, placed or altered on any building plot in this subdivision until the building plans, specifications, design and plot plans, showing the location, type of construction, external design and exterior materials of such building, have been approved by the ACC composed of David P. Odom, Paul B. Odom III and Rachel Odom, or by a representative designated by a majority of the members of said Committee. In the event of the death or resignation of any member of said committee, the remaining number of members shall have full authority and designate a successor. If the aforesaid committee, their authorized representatives or successors fails to approve or disapprove such design and location within thirty (30) days after building plans, building specifications, and plot plan have submitted to them such approval shall be deemed granted and this covenant shall be deemed to have been fully complied with. In the event that building plans, specifications, and plot plan showing the location of such building ARE NOT submitted prior to construction, the owner of the Lot is in violation of this covenant and it shall not be deemed to have been waived by the fact that the ACC does not object to a particular violation prior to completion of construction. The ACC may at any time, after completion of construction, bring an action requiring the lot owner to comply with all restrictions herein contained. If the ACC chooses to grant a waiver subsequent to completion because of hardship, such action shall not be deemed a precedent for similar violations in the future. “The ACC shall be authorized to grant a waiver from any restriction herein contained.” The ACC shall not be liable for any waiver granted or any approval, disapproval or failure to respond to a particular request. Neither the members of such committee or its designated representative shall be entitled to any compensation for service performed pursuant to this covenant. The powers and duties of such committee, and its designated representatives, shall cease on or after January 1, 2033. Thereafter the Board of Directors of the Sendera Lakes Homeowners’ Association Corp., hereinafter defined, shall assume the powers and duties of the ACC.
3. SET BACKS: No building shall be located on any lot nearer to the front line or nearer to the side street line than the minimum building set-back lines shown on the recorded plat. In any event no building shall be located on any lot nearer than twenty-five (25) feet to front lot line, twenty-five (25) feet on cul-de-sacs as noted on the plat, or nearer than fifteen (15) feet to any side street line. The minimum side yard shall be no nearer than five (5) feet to a side lot line. For the purpose of this covenant, eaves, steps, and open porches shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot or building site to encroach upon another lot or building site.
4. MINIMUM DWELLING SIZE: On all lots the ground floor area of a single-family main structure, exclusive of one story open porches and garage, shall not be less than 2000 square feet for a one-story dwelling, no less than 1600 square feet for a dwelling of more than one story. In any case, no dwelling shall be erected upon any said lots having less than 2000 square feet.
5. MINIMUM PLOT SIZE: No single-family dwelling shall be erected or placed on any building plot which has an area of less than 7,500 square feet; nor shall any dwelling be erected or placed on any residential building lot having a width of less than 65 feet at the front minimum building set-back line.
6. ROOFS: The ACC will establish guidelines specifying the type, color, style, valley, ridge and manufacturer of roofing materials. An exhibit will be filed at a later date and will become a part of these documents. All construction, repairs and replacements shall adhere to said guidelines.
Any other roofing materials to be used in SENDERA LAKES SECTION 1 shall be subject to the approval, in advance, of the ACC.
7. ROOF PITCH: All homes shall have a minimum eight (8) pitch roof unless ACC waives this requirement.
8. SIDEWALKS: Sidewalks shall be constructed on each lot, concurrently with the construction of the residence thereon. Each sidewalk shall be parallel to the streets and must be also constructed in accordance with the applicable sidewalk construction specifications of the City of Moore, Oklahoma.
9. EXTERIOR WALL FINISH: No main residential building shall ever be placed, erected or constructed on any lots or building site in this addition unless at least eighty-five percent (85 %) of the exterior walls thereof be of brick, stone veneer or Dryvit, provided, however, that all windows or doors located in said exterior walls and where the structure is of split-level or two-story, that portion extended above the first ground floor level shall be excluded in the determination of the area of one hundred percent (100%) of said exterior walls and further provided that where a gable-type roof is constructed and a part of the exterior wall is extended above interior room ceiling line due to the construction of such gable-type roof, then that portion of such wall extending above the interior room ceiling may be constructed of wood material and also likewise excluded from the square foot area in determination of what constitutes one hundred percent (100%) of the exterior walls of said main residential building. All other exterior wall materials to be used shall be subject to the approval, in advance, of the ACC.
10. STEM WALL: All houses must be constructed with dug footing foundations that permit brick to come all the way to the ground on all sides of the house without exposing the stem wall in any area.
11. WATER OBSTRUCTION: No structure of any kind which would impede or obstruct the natural flow of water shall be placed within the banks or bed of any creek or stream of water within the addition or below the 100 year flood line. No trash, grass clippings, or debris shall be dumped or placed within the banks of any such creek or stream of water or upon any vacant lot within the addition. The owner of each lot shall be responsible for the proper maintenance of the banks and bed of the portion of any creek or stream of water that is located within the boundaries of the lot. Each lot owner shall keep the creek or stream channel within the lot clear of obstructions.
12. SURFACE DRAINAGE: Each lot shall receive and drain in an unobstructed manner, the storm and surface waters from lots and drainage areas of higher elevation, and from public streets and easements. No lot owner shall construct or permit to be constructed, any fencing or other obstructions which would impair the drainage of storm and surface waters over and across his lot. The foregoing covenants set forth in this Paragraph 12 shall be enforceable by any affected lot owner and by the City of Moore.
13. ANTENNA AND SATELLITE DISCS: No antennas shall be installed on any residential structure. Satellite discs not to exceed eighteen (18) inches in diameter or skylights capable of receiving satellite transmissions may be installed. However, the location and the type of such disc must be approved by the ACC before installing the same. The type and location of the disc shall not be to the detriment of neighboring houses. The decision of the ACC as to the granting or refusal to grant permission to install a satellite disc will be final, conclusive and binding upon all owners.
14. SIGNS: No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five square feet advertising the property for sale, or rent, or signs of not more than ten (10) square feet used by a builder to advertise the property during the construction and sales period, unless specific written consent is obtained in advance from the ACC, previously designated, for the temporary installation of a larger size sign.
15. ANIMALS: No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any block or lot, except that dogs and cats may be kept, provided that they are not kept, bred, or maintained for any commercial purpose. Any other household pets are discouraged and shall not be allowed, unless the property owner shall first obtain the written approval from all abutting property owners, which includes each side and the back yard.
16. FIREPLACES: Fireplaces with an outside chimney chase shall be constructed of one hundred percent (100%) masonry veneer or Dryvit exterior that goes to within eight (8) inches of the flue top or cap. All flues greater than six (6) inches outside diameter shall conform to the above restriction. All fireplaces shall conform to the city requirements for a woodburning fireplace. The chimney must be two (2) feet higher than any portion of the building within ten (10) feet but not less than three (3) feet above the point where the chimney passes through the roof.
17. FENCES: No fences shall be installed on the front portion of a lot in this subdivision between the front lot line and the front building set-back line, except on a corner lot the fence may be installed five (5) feet beyond the side yard set-back line. Fences shall be constructed of wood plank, stockade, or similar wood materials or stone or brick. All other fences must be approved by the ACC.
When any portion of a lot abuts Common Area “B”, a fence cannot be built nearer than twelve (12) feet from the lot line abutting the water. Any such fence cannot exceed four (4) feet in height and must be constructed of wrought iron and of the standard pattern as shown in Exhibit “A”.
On all lots abutting Common Area “B”, privacy fences may be constructed near the rear of the house if said privacy fences do not obstruct the view of the water by adjoining property owners. All fences and their location must be approved by the ACC.
18. BACK YARDS: The rear yards that abut Common Area “B” shall be maintained to the waters edge by the owners of the lots and not by the Sendera Lakes Homeowners’ Association.
19. NON-RESIDENTIAL USE & ANNOYANCE: No church, business, professional office, trade or commercial activity of any sort may ever be conducted in any residence or building of any sort, or upon any portion of any lot or block in Sendera Lakes Section 1. This restriction is not intended to prohibit those types of in-home commercial activities which can be conducted in such a manner that the neighbors are unaware of the existence of the business, e.g. bookkeeping, sales conducted via telephone or the internet, etc. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become any annoyance or nuisance to the neighborhood.
20. TRASH RECEPTACLES: No trash, garbage, or other waste shall be kept except in sanitary containers in appropriate locations which may be specified by the ACC. Such containers shall be situated and enclosed or screened so as not to be visible from any residential street, private drive or adjacent lot. No trash, garbage or waste receptacles shall remain on the street, except beginning at 6:00 P.M. on the day before the scheduled pick-up and through the day of trash pick-up by the City of Moore or such authorized provider.
21. BOATS, TRAILERS, ETC.: Boats, trailers, motor homes, or other recreational vehicles may not be parked, kept, or maintained on any street in said addition, but may be kept on the premises provided they are concealed within the residence garage or located behind the front or side building limit lines and are totally concealed from the street and are not visible from neighboring property. In addition, the above are not allowed in the front yard, or on a corner lot in the front or side yard. Automobiles and pickup trucks may be parked in driveway. Commercial vehicles, except for pickup trucks, are prohibited.
22. PARKING: No vehicles of any type shall be stored permanently on any lot or driveway.
23. TEMPORARY STRUCTURES: No existing erected building structure of any sort may be moved onto or placed on any of the above described residential building plots located in this addition, it being the intention of the covenants to definitely prohibit this moving onto or placing of any existing residential structure on any of the lots or blocks in this addition.
24. EASEMENTS: Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.
25. DETACHED STRUCTURES: No trailer, basement, tent, shack, garage, servants’ quarters, nor any detached structures located on any building site in this subdivision, shall at any time be used as a main residence, temporary or permanent, nor shall any structure of a temporary nature or character be used as a main residence. No detached structures shall be allowed on any Lot which does not correspond in style and architecture to the residence to which it is appurtenant, unless the ACC otherwise consents in writing. Accessory structure or outbuildings shall not be permitted in the front yard. For the purpose of this restriction, small tool or storage sheds of less than 121 square foot floor area and six foot, six inches (6’6”) eave height with a maximum overall height of seven feet, six inches (7’6”), may be maintained within rear yard areas provided such rear yard is enclosed with an approved six foot (6’) high sight-proof fence.
No metal buildings of any type shall be allowed on the rear of any lot abutting the water. Other accessory structures erected on any lot abutting the water must be situated at least twenty-five (25) feet from the rear property line, and so as not to obstruct the view of the water by adjoining property owners. All necessary structures of every type, before installation, must be approved by the ACC.
26. LANDSCAPING: All builders must preserve all existing trees as much as possible to every practical extent. All builders must provide at least one (1) tree of at least three (3) inches caliber measured six (6) inches from ground level, (either existing or to be planted) in the area between the building line and the street right-of-way. Corner lots must have two (2) trees, one (1) on each street. Trees must be a deciduous or evergreen variety. If above trees die, they must be replaced within thirty (30) days by the property owner, or the Homeowners Association at its discretion may replant the trees and the cost thereof be paid by the lot owner to the Homeowners Association upon demand, and until paid, such cost shall constitute a lien against the lot. All builders must landscape the front yards with appropriate shrubs, plants and trees with a minimum expenditure of $2,500.00 not including sod or irrigation. Trees and shrubbery cannot be placed on any lot abutting Common Area “B” so as to block or obstruct the view of the water by adjoining property owners.
All builders and homeowners are responsible for replacing any sod located on adjacent lots for which they are responsible for disturbing.
27. MAINTENANCE, REPAIRS, AND VACANT LOTS: No trash, ashes or other refuse may be thrown or dumped on any vacant lot. Each owner of a lot shall keep and trim the trees, repair fences, repair or replace any broken or dilapidated mail boxes, maintain and mow the lot, remove all trash and refuse, and otherwise keep the lot in a clean, presentable condition. Upon failure of the owner of each lot to abide by the conditions herein stated, the Association may, at its discretion, mow such areas, trim the trees, repair fences, repair or replace dilapidated mail boxes, remove trash or refuse, and if necessary, levy an assessment upon such lot for the cost involved, which assessment shall constitute a lien upon such lot to the same extent as is provided elsewhere herein with respect to other assessments.
28. MISCELLANEOUS COMMON AREA “A”: The following restrictions shall apply to the use and enjoyment of Common Area “A”:
The Sendera Lakes Homeowners’ Association Corp., (hereinafter called “HOA”) shall be the owner of Common Area “A”, and shall at all times keep and maintain in good order all landscaping and buildings upon said Common Area “A”.
29. MISCELLANEOUS COMMON AREA “B”: The following restrictions shall apply to the use and enjoyment of the water situated upon Common Area “B”:
(a) The Sendera Lakes Homeowners’ Association Corp. shall be the owner of Common Area “B”, and shall at all times keep and maintain in good order all landscape upon said Common Area “B”. In the event such association should not have jurisdiction and control over this subdivision, then upon such event, a separate homeowners’ association shall be formed with all lots and owners subject thereto.
(b) No internal combustion boats shall be permitted on the water.
(c) None of the owners of lots abutting the water shall erect piers, boat houses or boat docks on the water.
(d) No nude swimming shall be permitted in the water.
(e) Fishing by means of trot lines, jug fishing, seines or trapping is prohibited.
(f) Hunting or the use of firearms on the water is prohibited.
(g) Any type of construction, which includes retaining walls, in the twenty-five (25) foot rear setback line to the water must be approved in advance by the ACC.
30. ADDRESS BLOCK: Each home must have a cast stone “Address Block” placed either on the mailbox or front of the home.
31. CHRISTMAS LIGHTS: May not be installed before November 1st and must be removed by February 1st.
32. OKLAHOMA SEX OFFENDERS REGISTRATION ACT: No person at any time shall own, lease, reside, visit, stay or be on the premises of any home, lot, and/or common area constituting part of any subdivision of Sendera Lakes, which person was required to register pursuant to SEX OFFENDERS REGISTRATION ACT of Oklahoma [57 O.S. § 581 et seq. together with any amendments made thereto]. Any violations of this provision by any owner shall cause the owner to forthwith remove and forever bar such person from such home, and upon failure to so do, said owner shall move from said offending home and from Sendera Lakes. In the event any owner, ACC, association or developer should ascertain or learn that a Registrant under the Oklahoma Sex Offenders Registration Act is or has been residing, temporarily or permanently, in Sendera Lakes, the failure to provide notice of the violation of this provision to the owner of such home shall not and will not constitute acquiescence or permission of such residency or occupancy.
33. ENFORCEMENT: Should the owner or tenant of any lot or lots, block, or building sites in this addition violate any of the restrictive covenants or conditions contained herein, and thereafter refuse to correct same and to abide by said restrictions and conditions contained herein after reasonable notice, then in such event, any owner of any block, lot or building site in this addition and/or the ACC and/or the Sendera Lakes Homeowners’ Association may institute legal proceedings to enjoin, abate or correct such violation or violations. The owner of the block, lot or lots, or building site permitting the violation of such restriction or conditions shall pay all attorneys’ fees, court cost and other necessary expenses incurred by the person and/or the ACC and/or the Sendera Lakes Homeowners’ Association instituting such legal proceedings to maintain and enforce and aforesaid restrictions and conditions, said attorneys’ fees, court costs and other expenses allowed and assessed by the Court for the aforesaid violation or violations shall become a lien upon the land as of the date legal proceedings were originally instituted, and said lien shall be subject to foreclosure in such action so brought to enforce such restrictions in the manner provided by the law.
34. PARTIAL INVALIDATION: Invalidation of any one of these covenants by judgement or court order shall in no wise effect any of the other provisions which shall remain in full force and effect.
35. AMENDMENT: These Dedications, Reservations and Restrictions may be amended, in whole or in part, by a duly recorded instrument executed and acknowledged by sixty-six and two-thirds percent (66 2/3%) of the Class A & Class B votes outstanding as of the date of the Amendment of all Class A & Class B lot owners in this subdivision and all future subdivisions platted by Odom Northwest, L.L.C. and any and all amendments shall first have the approval of Odom Northwest, L.L.C. The approval of Odom Northwest, L.L.C. shall terminate on December 1, 2043.
Executed this _________ day of _____________, 2013.
Odom Northwest, L.L.C.
By: _________________________
David P. Odom, Manager
State of Oklahoma )
) SS.
County of Cleveland )
This instrument was acknowledged before me, on this ____ day of __________, 2013, by David P. Odom, as manger of Odom Northwest, L.L.C.
_____________________________ Notary Public
DECLARATION
SENDERA LAKES HOMEOWNERS’ ASSOCIATION Corp.
For the purpose of enhancing and protecting the value, attractiveness and desirability of the lots constituting SENDERA LAKES SECTION 1, Odom Northwest, L.L.C. hereby declares that all of the real property in said subdivision, and each part thereof, shall be held, sold and conveyed, subject to the following easements, covenants running with the land and shall be binding on all parties having or acquiring any right, title or interest in said subdivision, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
Odom Northwest, L.L.C. has formed the Sendera Lakes Homeowners’ Association Corp., a non-profit corporate entity, established pursuant to the General Corporation Act of the State of Oklahoma, formed for the general purpose of owning and maintaining the common areas and enhancing the value, desirability and attractiveness of SENDERA LAKES.
ARTICLE I
Definitions
Section 1. “Association” shall mean and refer to Sendera Lakes Homeowners’ Association Corp.
Section 2. “Common Area” shall mean the following:
(a) The median and entrance on Sendera Lakes Drive.
(b) Any area that may be included in the definition of "common area" in all subdivision plats hereafter filed of record covering any portion of Sec 34, Township 10 North, Range 3 West, City of Moore, Cleveland County, Oklahoma.
(c) All areas that are marked Common Area “A” and “B” on the filed plat.
Section 3. “Lot” shall mean any plot of land or part thereof shown on the recorded subdivision map of SENDERA LAKES SECTION 1, and as shown on all subdivision plats that may hereafter be filed covering any portion of Section 34, Township 10 North, Range 3 West, City of Moore, Cleveland County, Oklahoma.
Section 4. “Maintenance” shall mean the exercise of reasonable care necessary to keep and to water, mow and/or replace grass, trees and make repairs to the common area.
Section 5. “Member” shall mean every person who owns a lot in the subdivision, except builders.
Section 6. “Owner” shall mean the record owner of the title to any lot in the subdivision, but shall not include those holding title merely as security of an obligation or as a builder.
Section 7. “Subdivision” shall mean the subdivided real property hereinbefore described, in the Plat of SENDERA LAKES SECTION 1 and such other additions covering any portion of Section 34, Township 10 North, Range 3 West, City of Moore, Cleveland County, Oklahoma, as may be brought within the jurisdiction of the Association by any developer that may hereafter file a subdivision plat covering portion of said Section 34 and such subdivision plat becoming a part of Sendera Lakes.
Section 8. “Builder” is any person, firm, or corporation that acquires title to a lot for the purpose of constructing a house thereon for resale.
Section 9. “Developer” is Odom Northwest, L.L.C. and its successors and assigns.
ARTICLE II
Membership and Voting Rights
Section 1. Each owner of a lot, by acceptance of a deed, consents that such owner shall be a member of the Sendera Lakes Homeowners’ Association Corp. and is subject to all of the terms and conditions as set forth in the Owners Certificate, Dedication, Reservations and Restrictions and in the Declaration of Sendera Lakes Homeowners' Association Corp. and the Bylaws of the Association and to all rules and regulations enacted by the Board of Directors of the Association pertaining to use and enjoyment of the common areas.
Section 2. The Association shall have two (2) classes of voting membership:
(a) Class A members shall be all of the owners, except developer and builders, who shall be entitled to one vote for each lot owned. If two or more persons are the joint owners, all such persons shall be members, but only one shall be entitled to vote.
(b) Class B members shall be the developer, who shall be entitled to three (3) votes for each lot owned by it and each lot that the developer has conveyed to the builder until such time as the builder conveys the lot to an owner.
(c) No builder shall be a member of the Association.
Section 3. Whenever a member shall cease to own real property in Sendera Lakes, such member shall automatically be dropped from membership in the Association.
Section 4. The Developer shall retain the right to veto any proposed action by the Association and the Association shall be bound by the Developer’s veto. The Developer shall have this power of veto notwithstanding any language herein to the contrary.
ARTICLE III
Meetings of Members
Section 1. There shall be an annual meeting of the members of the Association at such place as may be designated on the first Thursday in February of each year, at 7:00 P.M., and if a legal holiday, then on the next succeeding business day.
Section 2. Special meetings of the members shall be held whenever called by the President or a majority of the Board of Directors or at the request of ten (10) members.
Section 3. Notice of the annual or of a special meeting shall be sent by mail or hand-delivered by the Secretary of the Association to the last known address of all members at least ten (10) days prior to the meeting.
Section 4. Each Class A member may cast one vote for each lot owned, either in person or by proxy. Each Class B member may cast three (3) votes for each lot owned, either in person or by proxy.
Section 5. At any meeting of the members, a quorum shall consist of fifty percent (50%) of the total number of votes outstanding as of the date of the meeting, either present in person or by proxy, and a majority in amount of such quorum shall decide any question that may come before the meeting. If the quorum is not present, another meeting may be called within sixty (60) days, pursuant to giving notice of the same, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting.
Section 6. At the first annual meeting the members shall elect three (3) members as Directors, one to serve for one (1) year, one to serve for two (2) years and one to serve for three (3) years, the term to be determined by lot. At each annual meeting thereafter one director shall be elected to serve for a term of three (3) years. If, during the preceding year, a vacancy has occurred in the Board of Directors, the members at the annual meeting shall elect a director to serve for the unexpired term of the vacancy.
ARTICLE IV
Board of Directors
Section 1. The business and affairs of the Association shall be managed by a Board of Directors, which shall consist of three (3) members.
Section 2. The Board shall hold an annual meeting on the second Thursday of February of each year. All other meetings may be held at the time and place as designated by the Board.
Section 3. The majority of the Directors shall constitute a quorum for the transaction of business. The acts of a majority of the Directors present at a meeting at which there is a quorum shall be the act of the Board of Directors.
Section 4. Whenever a vacancy in the membership of the Board of Directors shall occur, the remaining members of the Board shall select a member to serve until the next annual meeting of the members.
Section 5. The Board of Directors has authority and it will be its duty:
(a) to exercise on behalf of the Association, all powers, duties and authority vested in the Association, under the laws of the State of Oklahoma, and in the Owners Certificate, Dedication, Reservations and Restrictions, and in the Declaration and Bylaws of the Association;
(b) to adopt rules and regulations governing the use, maintenance and upkeep of the common areas;
(c) to collect and distribute the annual and special assessments;
(d) to file liens and lawsuits to enforce the payment of dues and assessments;
(e) to adopt by-laws for the Association.
ARTICLE V
Officers
Section 1. The Board of Directors shall elect from the Board, officers of the Association, which shall consist of a President, Vice-President and Secretary-Treasurer, who shall each serve for one (1) year.
Section 2. At the annual meeting of the Board of Directors, the Board shall elect the officers who shall take office immediately after election.
Section 3. The President shall be the Chief Executive Officer of the Association and shall perform such duties as from time to time may be assigned to him by the Board.
Section 4. In the case of the absence or disability of the President, the duties of that officer shall be performed by the Vice-President. He shall also perform such duties as may be assigned to him by the Board.
Section 5. The Secretary-Treasurer shall keep the minutes of the Board of Directors' meeting and of the annual meeting of the members. The Secretary-Treasurer shall give all notices required by the rules of the Association and shall have custody of all receipts, disbursements and funds of the Association.
Section 6. The President, with the advice and consent of the Directors, shall appoint such committees as the Board shall deem necessary to perform the obligations of the Association.
Section 7. The officers, directors and committees shall not be entitled to any compensation for their services.
ARTICLE VI
Assessments
Section 1. The owner shall pay to the Association annual assessments and special assessments, which assessments will be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorney fees, shall be a charge on the land and a continuing lien on each lot against which such an assessment is made. Each such assessment, together with interest, costs and attorney fees that may be allowed in any legal action for enforcement, shall also be the personal obligation of the owner and be a lien on the property of each lot at the time the assessment falls due.
Section 2. The annual assessments shall be used exclusively for the upkeep, improvement, and maintenance of the common areas. The annual assessments shall include and the Association shall acquire and pay for out of the funds derived from the annual assessments:
(a) Water, electrical lighting and other necessary utility services for the common areas;
(b) Maintenance of the common areas which includes the planting and mowing of grass and the planting and cultivation of flowers and shrubs;
(c) Keeping and maintaining the automatic sprinkler systems, building and common areas in a good state of repair;
(d) To employ laborers to perform the necessary services and to pay for workman's compensation and other insurance, if necessary, covering such employees;
(e) Maintenance and repair to preserve the lake, including purification of water, stocking of fish and other items so that the lake can be used and enjoyed by all owners of lots in Sendera Lakes.
(f) To purchase and pay for all other types of insurance, such as general liability insurance, that the Board of Directors may determine necessary for the protection of the Association and its members.
Section 3. The annual assessment for Class A members for the current year shall be the assessments heretofore fixed by the Board of Directors. Subsequently, the annual assessment for Class A members may be increased or decreased so that only amounts sufficient to pay the expenses shall be collected.
Section 4. The annual assessment for Class B members shall be one-third (1/3rd) of the amount paid by Class A members. If the annual assessments are increased or decreased, the Class B Members shall pay one-third (1/3rd) of the amount paid by Class A members.
Section 5. In addition to the annual assessments, the Association may levy, in any year, a special assessment upon Class A members for the purpose of defraying any necessary repairs or replacements to the sprinkler system, landscaping, or any other capital expenditures. The amount of the special assessment will be determined by the Board of Directors. The Class B members shall pay one-third (1/3rd) of the amount assessed against Class A members.
Section 6. The Board of Directors must establish the annual assessment by the 1st day of March of each year. All annual assessments are due and payable annually in advance on the 31st day of March of each year. Special assessments are due annually in advance within thirty (30) days after the same are fixed by the Board of Directors.
Section 7. Any assessment, both annual and special, not paid within thirty (30) days after the due date shall be deemed in default and shall bear interest from the due date at the rate of eighteen percent (18%) per annum. The Association, acting through its officers, may bring an action at law against the owner personally obligated to pay the same or may foreclose a lien against the property.
ARTICLE VII
General Provisions
Section 1. Odom Northwest, L.L.C., the ACC, or any owner shall have the right to enforce by any proceedings at law or in equity all restrictions, conditions, covenants, assessments, liens and charges now or hereafter imposed by the provisions of this document.
Section 2. All of the provisions of the Owners Certificate, Dedication, Restrictions and Reservations, and all of the covenants and restrictions of this document may be amended by a duly recorded instrument executed and acknowledged by two-thirds (2/3rds) of the votes outstanding as of the date of the amendment. Votes shall be computed as provided in Article II, Section 2a and 2b. The Developer may unilaterally, even when it owns only one lot, amend these restrictions as long as such amendment is consistent with the basic plan for the development.
Section 3. All of the provisions of the Owners Certificate, Dedication, Restrictions and Reservations, and all of the covenants and restrictions of the Sendera Lakes Homeowners' Association Declaration are to run with the land and shall be binding on all parties and all persons claiming under them and shall inure to the benefit of and be enforceable by the Association or any member thereof for a period of twenty (20) years and thereafter shall continue automatically in effect for additional periods of ten (10) years. This document may be amended at any time by an instrument signed by not less than two-thirds (2/3rds) of the votes as provided in Article II, Section 2a and 2b. Any amendment must be recorded.
IN WITNESS WHEREOF, the undersigned owner had caused this Instrument to be executed by its Manager at Oklahoma City, Oklahoma, this _______ day of ___________, 2013.
Odom Northwest, L.L.C.
BY _________________________
David P. Odom, Manager
STATE OF OKLAHOMA )
) SS.
COUNTY OF CLEVELAND )
This instrument was acknowledged before me, on this _______ day of ___________, 2013, by David P. Odom, as manager of Odom Northwest, L.L.C.
_____________________________ Notary Public
