Page 1 of 4 in the recorded document
AMI y COMPANY
OF.
CLOSEA
SECOND AMENDMENT TO so
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
THOUSAND OAKS ESTATES SUBDIVISION
SECTION 2
THE STATE OF TEXAS §
COUNTY OF MONTGOMERY §
This Second Amendment to Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 2, is made by 1488 LAND DEVELOPMENT, INC., the original “Declarant” and by not less than seventy-five percent (75%) of the votes cast by members of the Thousand Oaks Property Owners Association, Inc.
WITNESSETH:
WHEREAS, the original Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 2 was recorded under Clerk’s File Nos. 2000028457 and 2000087118, and as shown in Cabinet N, Sheet 180 of the Official Public Records of Real Property of Montgomery County, Texas; and
WHEREAS, the original Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 2 was previously amended under the terms and provisions of a First Amendment to Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 2 recorded under Clerk’s File No. 2001-076020 of the Official Public Records of Real Property of Montgomery County, Texas; and
WHEREAS, the Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 2 may be amended by duly recording an instrument executed and acknowledged as approved by the Board of Directors of the Thousand Oaks Property Owners Association, Inc. and supported by not less than seventy-five percent (75%) of the votes cast by members of Thousand Oaks Property Owners Association, Inc.; and
WHEREAS, it is the desire of the original Declarant and the required percentage of members of Thousand Oaks Property Owners Association, Inc. to place as an amendment to the Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 2, certain changes to the restrictions, covenants, conditions, stipulations and reservations in order to allow for special assessments to be imposed.
NOW, THEREFORE, Declarant and the Board of Directors of Thousand Oaks Property Owners Association, Inc. hereby establishes and imposes upon the real property which constitutes Thousand Oaks Estates Subdivision Section 2 and hereby declares the following reservations, easements, restrictions, covenants and conditions applicable thereto, all the same of which shall run with the land and shall be binding upon all parties having or acquiring any right, title or interest therein, or any part thereof, and shall inure to the benefit of all successors and assigns of all or any part of the property which constitutes Thousand Oaks Estates Subdivision Section 2. The amendments to the Declaration of Covenants, Conditions and Restrictions are as follows:
ARTICLE VII
Assessments
Section 7. Special Assessments. Section 7 is hereby added and shall read as follows: In addition to the annual maintenance charge described and authorized herein, the Association may levy special assessments at any time during each fiscal year for purposes of defraying, in whole or in part, the cost of any construction, reconstruction or unexpected repair or replacement of a particular capital improvement located upon the Property, including the necessary fixtures and
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personal property related thereto, and for any other purposes deemed necessary by the Association. So long as the total amount of special assessments allocable to each Lot does not exceed FIVE HUNDRED AND NO/100 DOLLARS ($500.00) in any one fiscal year, the Association may impose the special assessment without vote or approval of any Owner. Any special assessment which would cause the amount of special assessments allocable to any Lot to exceed this limitation shall be effective only upon the favorable vote of two-thirds (2/3) of the membership votes entitled to be cast by each membership class at a meeting of the Members or otherwise. Enforcement regarding the payment of such special assessments shall be in the same manner as provided in Section 2 immediately above. Special Assessments shall be paid as determined by the Association and the Association may permit special assessments to be paid in installments extending beyond the fiscal year in which the special assessment is imposed.
EXECUTED this_ [gS day of Qe Olerntosx , 2002.
“DECLARANT”
1488 LAND DEVELOPMENT, INC.
MAURICE, President
THOUSAND OAKS PROPERTY OWNERS
ASSOCIATION, INC.
BY: _~ MICHAEL FITZMAURICE, Board Member
/ D A
7, ta Lee
B.J.E Y. Board Member f
ACKNOWLEDGMENAS
THE STATE OF TEXAS
COUNTY OF-'\\ox bas ASI
This instrument was acknowledged before me on the wt day of » 2002, by MICHAEL FITZMAURICE, President of 1488 LAND
DEVELOPMENT, INC.
‘ USA K. ADKIS90N
PES FE MY COMMISSION EXPIRES
1 ohas ‘August 20, 2005
—
NOTARY PUBLIC, STATE OF TEXAS
Page 3 of 4 in the recorded document
After recording, return to:
THE STATE OF TEXAS §
COUNTY OF ~’ WN OMAN —§
This instrument was acknowledged before me on the (x day of ALON , 2002, by MICHAEL FITZMAURICE, Board Member of THOUSAND
OAKS PROPERTY OWNERS ASSOCIATION, INC.
imac PR’ Dll yn, August 2, 2005 NOTARY PUBLIC, STATE OF TEXAS
THE STATE OF-FEXASN 20 Vaciey §
COUNTY OF Bu va his § (
This instrument was acknowledged before me on_ the ro. day of Stepdsondend 2002, by DOROTHY FITZMAURICE, Board Member of THOUSAND
OAKS PROPERTY OWNERS ASSOCIATION, INC.
MARGARET L. CARACOFE
q WY COMMISSION ee orea NOTARY)PUBLIC, STATE OF. Fue in, %
EXPIRES January 7, 2005
Bonded Thru Notary Pubic Underwnters
THE STATE OF TEXAS
COUNTY OF 4h x kz Ss
is instrument was acknowledged before me on _ the er le day of . 2002, by L. DON KNIGHT, Board Member of THOUSAND OAKS
PROPERTY OWNERS ASSOCIATION, INC.
"7: MY COMMISSION EXPIRES Sy i ate Jo, , ee November 28, 2002 re
NOTARY PUBLIC, STATE OF TEXAS
THE STATE OF TEXAS
COUNTY OF HAZ IS
This instrument was acknowledged before me on the (62% day of pplenles. 2002, by B. J. FARLEY, Board Member of THOUSAND OAKS
PERTY OWNERS ASSOCIATION, INC.
pps ttre tet tee aaa SSS ASIA, . i MARLENE SCANLIN Wy rlione Lesrter (ey NOTARY PUBLIC, STATE OF TEXAS
¥ MY COMMISSION EXPIRES NOTARY PUBLIC, STATE OF TEXAS
FEB. 11, 2005 Renee
After recording, return to:
S100 Washington Avense;Seite120 Houston Fexas—77007
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Montanyt NTY Gy
p LE, BY conyyah
RECORDER'S MEMORANDUM:
At the time of recordation, this instrument was found to be inadequate for the best photographic reprodution because of illegibility, carbon or photo copy, discolored paper, etc. All black-outs, additions and changes were present at the time the instument was filed and recorded.