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471-11=02397
FIRST AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
THOUSAND OAKS ESTATES SUBDIVISION SECTION 4
THE STATE OF TEXAS § ’
COUNTY OF MONTGOMERY §
This Second Amendment to Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 4, is made by 1488 LAND DEVELOPMENT, INC., the original “Declarant” and by not less than seventy-five percent (75%) of the votes cast by the Owners, as defined in the Declaration (defined later), of Thousand Oaks Estates Subdivision
Section 4.
WITNESSETH:
WHEREAS, the original Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 4 was recorded under Clerk’s File No. 2006021357 of the Official Public Records of Real Property of Montgomery County (the “Declaration”); and
WHEREAS, the Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 4 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 the Owners of Thousand Oaks Estates Subdivision Section 4; and
WHEREAS, it is the desire of the original Declarant and the required percentage of Owners of Thousand Oaks Estates Subdivision Section 4 to place as an amendment to the Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision
Section 4, certain changes to the restrictions, covenants, conditions, stipulations and reservations in order to prohibit the keeping of commercial-type vehicles on a Lot, to prohibit the renting or leasing of Lots, to provide for the maintenance and repair of Lots and structures thereon, to allow the creation and enforcement of rules promulgated by the Board, to allow the enforcement of the collection of assessments, and to allow for the provision of notices. ,
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 4 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 4. The amendments to the Declaration of Covenants, Conditions, and Restrictions are as follows:
L
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Section 6 of Article IV is hereby eliminated in its entirety and in its place is substituted the following:
ARTICLE IV
Use Restrictions
Section 6. No abandoned or inoperative automobile, other vehicle, or trailer or any operable or inoperable commercial-type vehicle, including, but not limited to, tow trucks, semi tractors, and any other vehicle with more than two (2) axles, shall be permitted to remain on or be parked any tract or any roadway governed by the Association. This is not to be construed to mean that personal campers, boats, tractors, trailers, recreational vehicles, etc. in good and operational condition may not be kept on premises; however, campers, trailers, boats, tractors, utility vehicles of every nature must be kept on the rear one-half of the premises or in a garage, shed or other suitable building approved by the Architectural Control Committee.
IL.
Section 8 of Article IV is hereby eliminated in its entirety and in its place is substituted the following:
ARTICLE IV
Use Restrictions
Section 8. Lot/Improvement Lease or Rental. No Lot or improvement or any portion thereof (including, but not limited to, the dwelling, garage, and any open space) shall be rented
or leased to any person or entity other than the Owner. Il.
Article V is hereby eliminated in its entirety and in its place is substituted the following:
ARTICLE V
Owner’s Obligation to Repair
Section 1. Maintenance of Buildings and Other Structures. Each Owner shall, at his sole cost and expense, repair and maintain his residence, mailbox, and other buildings or structures on his tract, keeping the same in a condition comparable to its condition at the time of its initial construction, excepting only normal wear and tear. In the event the Owner of any building in the Project should allow such building or other structure to fall into disrepair and become in need of paint, repair, restoration or other corrective measures and become unattractive and not in keeping with the neighborhood, the Association will give such Owner written notice of such condition. Fifteen (15) days after notice of such condition to Owner, if the Owner fails to begin and continue at a reasonable rate of progress corrective action, the Association may enter upon said premises and do or cause to be done any work necessary to correct the condition. The Owner
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shall be billed for cost of the work plus ten percent (10%). All monies so owed to the Association will become an assessment against the Owner and constitute a lien on the Owner’s Lot(s) as if the charge were for a maintenance fee.
Section 2. Maintenance of Tracts. The Owner of a tract or tracts in the Project will be required to keep the grass and weeds cut and will be required to keep said property free of any unsightly or offensive accumulation of trash, garbage, or unsightly deposits of any nature or kind from the date of purchase of said tract. This requirement shall apply to occupied and unoccupied tracts. Ten (10) days after notice to Owner of required maintenance the Association or its employees will have the right an authority to enter upon said premises and correct the existing violation. The Association will charge said Owner a reasonable fee for such work and bill the Owner for the fee plus a reasonable service charge per month until Owner pays said Association in full. All monies so owed the Association will become an assessment against the Owner and constitute a lien on the Owner’s Lot(s) as if the charge were for a maintenance fee.
Iv.
ARTICLE XI shall be added to the Declaration and shall read as follows:
ARTICLE XI
Rules & Regulations
The Association shall have the authority to enact and enforce rules and regulations concerning the use of all common facilities to insure the best and mutual enjoyment of all qualified Owners and their guests. Such rules and regulations will include, but not be limited to, rules concerning guest privileges to commons, recreation facilities, if any, speed limits on streets, types of vehicles on streets and common areas (including, but not limited to, ATVs, golf carts, or off-road motorbikes), control of noise, use of irrigation water, channels or canals, use of any lakes, ponds or streams within the commons. All rules and regulations not authorizing a fine or fee will be adopted by a majority vote of the Board and publicized as per the notice rules contained in Section 9 of
Article X.
Any Owner who fails to comply with any rule or regulation governing the use of said common facilities and is found by the Board, in its sole discretion, to have violated the rule or regulation on three (3) separate occasions may be denied the use of all common facilities or any privilege associated with payment of a maintenance fee or special assessment (without the refund of any maintenance or special assessment) for a time period determined by the Board, in its sole discretion.
Upon the vote of a 4/5" majority of the Board adopting a rule or regulation enforceable by a fine or fee, the Board may assess a fine or fee to an Owner in an amount determined by the Board, in its sole discretion, but in no event exceeding 25% of the annual Maintenance Fee, per violation. Concurrent with the adoption of a rule or regulation enforceable by fine or fee, the Board shall specify the use of the fine or fee and its proposed use which is reasonably related to the rule or regulation sought to be enforced. (e.g. license stickers and tracking fines could be used to fund the hiring of additional law enforcement or patrols to enforce the rule). Prior to enforcement of the
a
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rules or regulations by the levy of a fine or fee, the Board shall be required to send a copy of the rule or regulation to the each Owner’s current mailing address listed in the Association’s records, of the rule’s or regulation’s adoption and the applicability and amount of the fine or fee. Additionally, before the Board may impose a fine or fee, the Board shall cause to be mailed a notice of any violation charged and afford the Owner with a reasonable opportunity to cure the violation, if possible. Enforcement of payment of any fine or fee levied under the authority of this Article XI shall be in the same manner as provided in Section 2 of Article VII and unpaid amounts thereof shall constitute a lien on the Owner’s Property in favor of the Association. The imposition of a fine or fee by the Board shall be supplemental to and will not preclude the Association’s imposition of
an assessment upon an Owner for damages caused to the common facilities by an Owner or Owner’s guest.
Vv.
Section 8 and 9 are hereby added to Article X and shall read as follows:
ARTICLE X
General Provisions
Section 8: Delinquent Assessments. The Association may, but is not required to, file a statement among the Official Public Records of Real Property of Montgomery County evidencing the amount of any assessments, penalties, interest, costs, or other authorized charges that are thirty
(30) days delinquent and of which Owner had notice, as provided in these Covenants, Conditions, and Restrictions. Such filing shall act simply to provide additional notice to all parties dealing with Owner concerning Owner’s Lot that the Association has retained a lien on Owner’s Lot and that the Association has a claim for the delinquent amounts. The Association’s lien, as retained in these Covenants, Conditions, and Restrictions, shall remain in effect until all delinquent assessments, penalties, interest, costs, or other authorized charges have been paid or satisfied as otherwise set forth herein.
Section 9: Notice. In all instances herein where notice is required, notice will have been deemed given upon the placing in the United States mail, postage prepaid, to the last known address of such person or party to whom notice is to be given.
EXECUTED this day of , 2007.
“DECLARANT”
1488 LAND DEVELOPMENT, INC. a
BY
MICHAEL FITCMAURICE: President
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THOUSAND OAKS PROPERTY OWNERS
ASSOCIATION, INC.
BY:
FITZMEAURICE-Board Member
BY: Board Member
BY:
ILLIAM FITZ! ICE, Board Member
BY: \ cw, RAWLS, Board Member
ACKNOWLEDGMENTS
THE STATE OF TEXAS
county oF (\OveGom ot
This instrument was acknowledged before me on the Bh day of SePfom bil. 2007, by MICHAEL FITZMAURICE, President of 1488 LAND DEVELOPMENT, INC.
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piearobe ot road
471=-11-0242
NOTARY PUBLIC, STATE OF TEXAS
THE STATE OF TEXAS
counry or IAM
This instrument was acknowledged before me on the \yn day of Scpum bn _ 2007, by MICHAEL FITZMAURICE, Board Member of THOUSAND OAKS PROPERTY
Simon tho 2. Wire!
NOTARY PUBLIC, STATE OF TEXAS
THE STATE OF TEXAS
county oF (MUMMY This instrument was acknowledged before me on the (ai day of Yopuureber, >
2007, by THOMAS FLYNN, Board Member of THOUSAND OAKS PROPERTY OWNERS
ASSOCIATION, INC.
NOTARY PUBLIC, STATE OF TEXAS
THE STATE OF NEW HAMPSHIRE
COUNTY OF DE@-KWAP
This instrument was acknowledged before me on the {9 __ day of 2007, by WILLIAM FITZMAURICE, Board Member of THOUSAND OAKS PRY E
OWNERS ASSOCIATION, INC. Age
N PUBLIG, STATEQFNEW
HAMPSHIRE KAREN HICKEY
ny AY ren. THE STATE OF TEXAS § |v conmission eae SHIRE g sro
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COUNTY OF N(\OV UO §
This instrument was acknowledged before me on the (ah day of Sotumber >
2007, by DARRIN RAWLS, Board Member of THOUSAND OAKS PROPERTY OWNERS
ASSOCIATION, INC.
Somoanthe 2. Ul
NOTARY PUBLIC, STATE OF TEXAS
THE STATE OF TEXAS
county oF [Lon tyonen This instrument was acknowledged before me on the \3 day of Septem beh, ’
2007, by DOROTHY FITZMAURICE, Board Member of THOUSAND OAKS PROPERTY
OWNERS ASSOCIATION, INC.
Or On nr
Thousand Oaks/SecondAmendmentSection4.01 doc
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jeep FOR RECORD apm nov 13. AH i aceite rue ~ MONTGCHERY cour pcg oi aoe Bees $m Mate
time of recordation, this instrument was pert to be inadequate for the best photographic reproduction because of itlegibility, carbon er photo copy, discolored paper, etc. All blac ‘. outs, additions and changes were present at tne time the instrument was filed and recorded. 4