In the event of the failure of Owner to comply with the above requirements after ten (10) days written notice thereof, the Association or their designated agents may, without liability to the Owner, Contractor or any occupants of the Tract in Trespass or otherwise, enter upon said Tract, and cause to be removed, such garbage, trash, and rubbish or do any other thing necessary to secure compliance with this Declaration at the expense of owner.  Payment for the charges by such Owner shall be payable on the first day of the next calendar month.

 

ARTICLE IV

 

USE RESTRICTIONS

 

4.1       Minimum Yards.  The location of all Improvements located on a Lot shall be subject to approval by the Architectural Control Committee.  Minimum yard and setback requirements may be established in excess of those shown on the plat or contained in City ordinances by the Architectural Control Committee or by Declarant through a Supplemental Declaration in order to maximize open areas, pedestrian and vehicular movement and to benefit the overall appearance of the Property.

 

ARTICLE V

 

CALICO MEADOWS PROPERTY OWNERS ASSOCIATION

 

5.1       Organization.  The Declarant shall, at such time as Declarant deems appropriate, cause the formation and incorporation of the Master Association as a nonprofit corporation under the laws of the State of Texas.  The Master Association shall be created for the purposes, charged with the duties, governed by the provisions, and vested with the powers prescribed by law or set forth in its Articles and Bylaws or in this Declaration.  Neither the Articles nor Bylaws shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration.  Nothing in this Declaration shall prevent the creation, by provision therefore in Supplement Declaration(s) executed and recorded by Declarant or any person or persons authorized by Declarant, of Subassociations to own, develop, assess, regulate, operate, maintain or manage the Property subject to such Supplemental Declarations.

 

5.2       Membership.  Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot which is subject, by covenants or record, to Assessment by the Association, including contract sellers, shall be a Member of the Association.  The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of any obligation.  Membership shall be appurtenant to and may not be separated from any ownership of any Lot which is subject to assessment by the Association.  Ownership of such Lot shall be the sole qualification for membership, any Mortgagee or Lienholder who acquired title to any Lot which is a part of the Property through judicial or non-judicial foreclosure, shall be a Member of the Association.  It is understood that the Development may be developed in phases or sections, and upon the completion of development of each individual section or phase by Declarant, such completed section or phase or any part thereof shall, at the option and election of Declarant, be incorporated within the scheme of the Declarant and become bound hereby and a part hereof, which incorporation shall be evidenced by the filing of the Supplemental Declaration.

 

5.3       Voting Rights.  The Association shall have one class of voting memberships.

 

5.4       Powers and Authorities of the Association.  The Master Association shall have the powers of the Texas Nonprofit corporation, subject only to such limitations upon the exercise of such power as are expressly set forth in this Declaration.  It shall further have the power to do and perform any and all acts which may be necessary or proper for or incidental to the exercise of any of the express powers granted to it by the Laws of Texas or of the two (2) preceding sentences, the Master Association and the Board, acting on behalf of the Master Association, shall have the power and authority at all time as follows:

 
 
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