ELECTRONICALLY RECORDED 201900037210 SIXTH AMENDMENT ΤΟ CONDOMINIUM DECLARATION FOR AMOUR VALLEE CONDOMINIUMS STATE OF TEXAS COUNTY OF DALLAS as a co § § KNOW ALL MEN BY THESE PRESENTS: THIS SIXTH AMENDMENT TO CONDOMINIUM DECLARATION FOR AMOUR VALLEE CONDOMINIUMS (this "Sixth Amendment") is made this 3rd day of February, 2019, by KAMINSKI HOLDINGS, INC., a Texas corporation (hereinafter referred to as the "Declarant").
COP WITNESSETH: WHEREAS, Declarant recorded that certain Condominium Declaration for Amour Vallee Condominiums on November 12, 2018, under Instrument Number 2018-00301146 of the Condominium Records of Dallas County, Texas (the Declaration"); and WHEREAS, Declarant recorded that certain First Amendment to Condominium Declaration for Amour Vallee Condominiums on December 26, 2018, under Instrument Number 201800335053 of the Condominium Records of Dallas County, Texas (the "First Amendment"); and and WHEREAS, Declarant recorded that certain Second Amendment to Condominium Declaration for Amour Valle Condominiums on December 27, 2018, under Instrument Number 201800335938 of the Condominium Records of Dallas County, Texas (the "Second Amendment"); nofficia WHEREAS, Declarant recorded that certain Third Amendment to Condominium Declaration for Amour Vallee Condominiums on January 14, 2019, under Instrument Number 201900011663 of the Condominium Records of Dallas County, Texas (the "Third Amendment"); and WHEREAS, Declarant recorded that certain Fourth Amendment to Condominium Declaration for Amour Vallee Condominiums in the Condominium Records of Dallas County, Texas (the Fourth Amendment"); and WHEREAS, Declarant recorded that certain Fifth Amendment to Condominium
minium Declaration for Amour Vallee Condominiums in the Condominium Records of Dallas County, Texas (the Fourth Amendment"); and WHEREAS, Declarant recorded that certain Fifth Amendment to Condominium Declaration for Amour Vallee Condominiums in the Condominium Records of Dallas County, Texas (the "Fifth Amendment"); and SIXTH AMENDMENT TO CONDOMINIUM DECLARATION - Page 1 WHEREAS, Article X, Section 10.1 of the Declaration provides that the Declarant may amend the Declaration at any time if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on the Condominium Units; and WHEREAS, the Declarant desires to amend the Declaration to enable FNMA and FHLMC to make or purchase mortgage loans on the Condominium units; and WHEREAS, Article X, Section 10.1 of the Declaration provides that the board of directors of the Amour Vallee Homeowners Association, Inc., a Texas nonprofit corporation (the "Master Association") must consent to any material amendment to the Declaration; and WHEREAS, the Master Association, as evidenced by its signature below, consents and approves of the amendments to the Declaration as set forth below.
NOW, THEREFORE, pursuant to the powers retained by Declarant under the Declaration and the Act, the Declarant hereby amends the Declaration as follows: Article XII, Section 12.13 of the Declaration is amended by deleting the second paragraph of this Section in its entirety and replacing it with the following: 1.
fficial noffic Copy Co The Declarant Control Period shall terminate not later than the date which is the
ng the second paragraph of this Section in its entirety and replacing it with the following: 1.
fficial noffic Copy Co The Declarant Control Period shall terminate not later than the date which is the earlier of (i) December 31, 2021, or (ii) 120th day after conveyance of seventy-five percent (75%) of the total number of Condominium Units that may be created to Condominium Unit Owners other than the Declarant. Upon termination of the Declarant Control Perion the Owners shall elect a Board of at least three (3) members pursuant to the provisions in the Condominium Bylaws. The persons elected shall take office upon election.
2.
Article III, Section 3 of the Bylaws of Amour Vallee Condominium Association, the Declaration (the "Bylaws"), is amended by deleting the second paragraph of this Section in its entirety and replacing it with the following: Inc., attached as Exhibit "C Not later than the 120th day after conveyance of fifty percent (50%) of the Units that may be created to Unit Owners other than Declarant, not less than one member of the Board must be elected by Unit Owners other than Declarant. The term of such Director shall expire as of the meeting of the Members held after seventy-five percent (75%) of the Units that may be created is held. Not later than the date which is the earlier of (i) December 31, 2021, or (ii) the 120th day after conveyance of seventy-five percent (75%) of the Units that may be created, all positions on the Board shall be filled by election by the Members.
Article III, Section 5 of the Bylaws is amended by deleting the first sentence of this Section in its entirety and replacing it with the following: 3.
SIXTH AMENDMENT TO CONDOMINIUM DECLARATION - Page 2 Section:
, Section 5 of the Bylaws is amended by deleting the first sentence of this Section in its entirety and replacing it with the following: 3.
SIXTH AMENDMENT TO CONDOMINIUM DECLARATION - Page 2 Section: Not later than the date which is the earlier of (i) December 31, 2021, or (ii) the 120th day after conveyance of seventy-five percent (75%) of the Units that may be created, a meeting of the Members shall be held to elect Directors.
4.
Article IX of the Declaration is amended by adding the following paragraph to this To the extent that any provision set forth in the Dedicatory Instruments regarding leasing is inconsistent with the requirement(s) of guaranteed or direct loan programs of the United States Department of Veterans Affairs, as set forth in Chapter 37 of Title 38, U.S.C., or Part 36 of Title 38, C.F.R. ("DVA Financing"), such provisions shall not apply to any Unit that is: (i) encumbered by DVA Financing; or (ii) owned by the Departmentr of Veterans Affairs.
opr 5. Paragraph O, Section O-1 of the Rules and Regulations of the Amour Vallee Condominium Association, Inc., attached as Exhibit "D" to the Declaration (the "Rules"), is amended by deleting this subsection in its entirety.
6.
Except as modified by this Sixth Amendment, the Declaration shall remain in full force and effect.
IN WITNESS WHEREOF, a duly authorized officer of the Declarant has executed this Sixth Amendment as of the date first written above.
DECLARANT: officia Bruce Kaminski, President ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF DALLAS The foregoing instrument was acknowledged before me this 13 day of February, 2019, by Bruce Kaminski, President of KAMINSKI HOLDINGS, INC., a Texas, a Texas corporation, on behalf of said corporation.
NOTARY "PUBLIC" TEXAS STATE OF TEX JAMIE GUEVARA Notary Public
of February, 2019, by Bruce Kaminski, President of KAMINSKI HOLDINGS, INC., a Texas, a Texas corporation, on behalf of said corporation.
NOTARY "PUBLIC" TEXAS STATE OF TEX JAMIE GUEVARA Notary Public State of Texas ID # 124585298 Comm. Expires 8/15/2019 Notary Public My Commission Expires: SIXTH AMENDMENT TO CONDOMINIUM DECLARATION - Page 3 NOTARY CONSENTED TO THIS 13 DAY OF FEBRUARY, 2019: AMOUR VALLEE HOMEOWNERS ASSOCIATION, INC., a Texas nonprofit corporation By: Bue Bruce Kaminski, President STATE OF TEXAS § SSS ACKNOWLEDGEMENT PUBLIC COUNTY OF DALLAS The foregoing instrument was acknowledged before me this by Bruce Kaminski, President of AMOUR VALLEE HOMEOWNERS ASSOCIATION, INC., a Texas nonprofit corporation, on behalf of said corporation.
STATE JAMIE GUEVARA Notary Public State of Texas ID # 124585298 Comm. Expires 8/15/2019 AFTER RECORDING, RETURN TO: Riddle & Williams, P.C.
3811 Turtle Creek Blvd., Suite 800 Dallas, Texas 75219 Unofficial Copy Filed and Recorded Official Public Records John F. Warren, County Clerk Dallas County, TEXAS 02/13/2019 11:16:22 AM $38.00 201900037210 COUNTY OF DALLAS SIXTH AMENDMENT TO CONDOMINIUM DECLARATION - Page 4