Eagle Landing Bylaws

ARTICLE IX
"Limit on Units and Unit Designation"


1. There shall not exist more than 750 UNITS on the PROPERTY; provided that if any of the UNITS subject to paragraph 3 of this Article IX are subdivided pursuant to the terms of said provision so that said UNITS become two UNITS they shall nevertheless be counted as one UNIT for purposes of this limitation.

2. Any OWNER other than DECLARANT who acquires more than one LOT shall be deemed to have elected to have each LOT treated as a separate UNIT for all purposes of this DECLARATION unless the deed from DECLARANT to OWNER establishes the number of UNITS as being less than the total number of LOTS being conveyed or unless said OWNER makes an election in writing filed with the ASSOCIATION and in the Real Property Records of Cass County, Texas, electing to have one or more LOTS owned by such OWNER designated as a single UNIT. OWNER can make this election only with respect to contiguous LOTS. If an OWNER elects to have more than one contiguous LOT designated as a single UNIT for purposes of this DECLARATION, the UNIT made up of two or more LOTS shall be subject to one assessment as a UNIT and the OWNER thereof shall have one vote for that UNIT regardless of how many LOTS comprise the UNIT. However, by designating more than one LOT as a single UNIT, the OWNER agrees that that UNIT cannot thereafter be subdivided unless the tract consists of five or more acres. The OWNER further agrees that the LOTS making up the UNIT cannot be sold to separate OWNERS but for all purposes thereafter all of the LOTS comprising the UNIT must be treated and sold together as if they were one LOT unless the UNIT consists of five (5) or more acres. If an OWNER does not elect to treat contiguous LOTS as a single UNIT, each LOT shall be a UNIT and shall be subject to an assessment as provided herein and the OWNER shall be entitled to one vote for each such LOT. In the event the UNIT consists of five (5) or more acres, it may be subdivided one time only pursuant to the Article IX, Section 3, of the Declaration of Covenants, Conditions and Restrictions of Eagle Landing, Inc., as amended from time to time.

3. Any UNIT consisting of five acres or more may be subdivided into not more than two separate UNITS; provided that, neither of the subdivided UNITS shall contain less than one (1) acre. In order to subdivide a UNIT pursuant hereto, the OWNER shall file a metes and bounds description or a plat in the Real Property Records of Cass County, Texas, setting out the boundaries of each subdivided UNIT and shall also deliver a copy thereof to the ASSOCIATION. After said subdivision, each subdivided UNIT shall be considered to be a separate UNIT for all purposes hereof. Each such UNIT shall be subject to separate assessment and each such UNIT shall be entitled to one vote.

4. Except for LOTS contiguous to the LAKE , DECLARANT agrees that it will not create any LOTS on the PROPERTY which are less than one acre.

5. DECLARANT shall have the right to make such changes in the boundaries, location, size and shape of LOTS as it deems desirable; provided that, any such change shall not affect the boundaries or beneficial use of any UNIT conveyed to an OWNER and shall conform to all of the provisions and requirements of this DECLARATION.

 

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