Page 1 of 5 in the recorded document
FIRST AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
THOUSAND OAKS ESTATES SUBDIVISION
SECTION 3
THE STATE OF TEXAS §
COUNTY OF MONTGOMERY = §
This First Amendment to Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 3, is made by 1488 LAND DEVELOPMENT, INC., the original “Declarant” and by not less than seventy-five percent (75%) of the votes of the Owners, including Declarant, in Section 3 of Thousand Oaks Property Owners Association, Inc.
WITNESSETH:
WHEREAS, the original Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 3 was recorded under Clerk’s File No. 2002-014602, and as shown in Cabinet R, Sheet 96 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 3 may be amended by duly recording an instrument executed and acknowledged as approved by the Board of Directors of the Thousands Oaks Property Owners Association, Inc. and supported by not less than seventy-five percent (75%) of the votes cast by members in Section 3 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 3, certain changes to the restrictions, covenants, conditions, stipulations and reservations in order to allow for special assessment 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 3 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 3. The amendments to the Declaration of Covenants, Conditions and Restrictions are as follows:
ARTICLE VII
Assessments
s
Page 2 of 5 in the recorded document
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 the purpose 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 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 the 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__/U day of Qe cane , 2005.
“DECLARANT”
1488 LAND DEVELOPMENT, INC.
“ v
By:
MICHA CE, President
THOUSAND OAKS PROPERTY OWNERS
ASSOCIATION, INC.
LLL crt
By fora he f Herr asreeh DOROTHY FIFZMAURICE, Board Member
By: JAMES WALLACE, Board Member
Page 3 of 5 in the recorded document
By:
THOMAS FLYNN, Board Member
ACKNOWLEDGEMENTS
THE STATE OF TEXAS §
COUNTY OF MONTGOMERY §
This instrument was acknowledged before me on the {ut day of Necewlber.
2005, by MICHAEL FITZMAURICE, President of 1488 LAND DEVELOPMENT, INC.
GRETCHEN STOWELL Stow,
OTARY PUBLIC, STATE OF TEXAS
THE STATE OF TEXAS §
COUNTY OF MONTGOMERY = §
This instrument was acknowledged before me on the l Ute day of eens. 2005, by MICHAEL FITZMAURICE, Board Member of THOUSAND OAKS PROPERTY
OWNERS ASSOCIATION, INC.
NOTARY RUBLIC, STATE OF TEXAS
Page 4 of 5 in the recorded document
Usrejecherae) THE STATE “hornali)
COUNTY OF Patnalno :
This instrument was acknowledged before me on the 1 day of 2005, by SHERRY EIZMAURICE, Board Member of THOUSAND OAKS PROPERTY.
OFFICIAL SEAL
Josette M. Montoya
Notary Public State of New Mi O
THE STATE OF TEXAS §
COUNTY OF MONTGOMERY §
This instrument was acknowledged before me on the tu day of Decinpoer 2005, by DOROTHY FITZMAURICE, Board Member of THOUSAND OAKS PROPERTY.
OWNERS ASSOCIATION, INC.
Nom#Ry PUBLIC, STATE OF TEXAS
THE STATE OF TEXAS §
COUNTY OF MONTGOMERY §
This instrument was acknowledged before me on the day of
2005, by JAMES WALLACE, Board Member of THOUSAND OAKS PROPERTY OWNERS
ASSOCIATION, INC.
NOTARY PUBLIC, STATE OF TEXAS
Page 5 of 5 in the recorded document
THE STATE OF TEXAS §
COUNTY OF MONTGOMERY §
This instrument was acknowledged before me on the day of ;
2005, by THOMAS FLYNN, Board Member of THOUSAND OAKS PROPERTY OWNERS
ASSOCIATION, INC.
NOTARY PUBLIC, STATE OF TEXAS
After Recording, Return to:
L. Don Knight Meyer, Knight & Williams, LLP e6AneAe MEMARANALIM
: "Os t dation, this instrument was $100 Washinton Avenue, Suite 1000 an tec amr Houston, Texas 77007 reproduction because of illegibility, carbon or
photo copy, discolored paper, etc. All blackouts, additions and changes were present at the time the instrument was filed and recorded.
FILED FOR RECORD
96 JAN-9 PH 213
MA SubA t