AFTER RECORDING RETURN TO: Judd A. Austin, Jr., Esq.
Henry Oddo Austin & Fletcher, P.C.
1700 Pacific Avenue Suite 2700 Dallas, Texas 75201 ELECTRONICALLY RECORDED 201400161131 FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ASBURY CIRCLE TOWNHOMES STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: INTRODUCTORY PROVISIONS WHEREAS, the Declaration of Covenants, Conditions for Asbury Circle Townhomes, and recorded on March 27, 2008, is recorded as Document No. 20080098924 in the Official Public Records of Dallas County, Texas (the "Asbury Circle Declaration"); and Ricial Copy Inoftici WHEREAS, the Asbury Circle Declaration affects certain tracts or parcels of real property in the Town of Addison, Dallas County, Texas, more particularly described on Exhibit A attached hereto and incorporated herein by reference for all purposes (collectively, the "Addition"); and WHEREAS, under Article XIII, Section 13.3 of the Asbury Circle Declaration, the covenants and restrictions contained in the Asbury Circle Declaration may be amended or changed upon the approval by Owners owning, in the aggregate, seventy-five percent (75%) of the votes of all Members; and WHEREAS, Texas Property Code Section 209.0041(b) expressly states that a declaration may be amended only by a vote of sixty-seven percent (67%); and FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ASBURY CIRCLE TOWNHOMES Page 1 WHEREAS, at the 2014 Annual Meeting of the Members of Asbury Circle Townhomes Association, Inc. (“Association"), the following amendment to the Asbury Circle Declaration was proposed and approved with the affirmative vote of Owners holding at least sixty-seven percent (67%) of the votes; and
nc. (“Association"), the following amendment to the Asbury Circle Declaration was proposed and approved with the affirmative vote of Owners holding at least sixty-seven percent (67%) of the votes; and NOW, THEREFORE, the Asbury Circle Declaration is hereby amended as follows: (a) Select subsections of Section 8.1 of Article VIII of the Asbury Circle Declaration are hereby amended to read as follows: Section 8.1 Insurance Coverage.
(a) Purchasing Policies; Primary Coverage.
(i) The Board of Directors or its duly authorized agent shall have the authority to purchase and shall purchase insurance policies upon the Property sufficient to provide the coverages required by this Article VIII, for the benefit of the Association and the Owners and their mortgagees, as their interest may appear, and and provisions shall be made for the issuance of certificates of mortgage endorsements to the mortgagees of Owners. All policies shall be written with a company licensed to sell insurance in the State of Texas.
Unosticia copy (ii) Each Owner shall be responsible for maintaining, at all times, a policy or policies of insurance for the purpose of insuring for the full replacement vatue (a) all improvements made to the interior of such Owner's Dwelling, including but not limited to wall coverings, flooring, carpeting, and cabinetry, (b) all fixtures attached to such Owner's Lot and Dwelling, and (c) all of the Owner's personal property located in or about such Owner's Lot and Dwelling. Each Owner shall further be responsible for maintaining, at such Owner's own expense and as part of the insurance required by this Section, general liability insurance coverage in a minimum amount sufficient to cover the cost of any repair or reconstruction in the event of damage or destruction from
the insurance required by this Section, general liability insurance coverage in a minimum amount sufficient to cover the cost of any repair or reconstruction in the event of damage or destruction from any hazard attributable to the Owner and/or Owner's Dwelling as the Board may set from time to time. All such policies of insurance shall be issued by insurance companies authorized to do business in the State of Texas, and regulated by the Texas Department of Insurance.
FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ASBURY CIRCLE TOWNHOMES Page 2 The Owner shall provide proof of insurance upon each periodic renewal of same to the Association. The Owner must provide the Association with notice of cancellation or lapse in coverage. The Association shall have the right, but not the obligation, at the expense of the Owner, to acquire property hazard insurance required to be maintained by the Owner if the Owner fails to provide to the Association valid proof of coverage, by pre-paid receipt or declarations page, within ten (10) days after receipt by the Owner of a written request from the Association. If the Association does acquire insurance on behalf of any Owner, the cost thereof shall be assessed against the Owner as a special individual assessment. The insurance obtained by an Owner accordance with this Section shall be primary with respect to the matters covered thereby.
(b) Casualty. All buildings and improvements upon the Property and all personal property of the Association located in or upon the Property and/or used to maintain the Property (including but not limited to Dwellings and other improvements thereon) shall be insured in an amount equal to one hundred percent (100%) of the insurable
Property and/or used to maintain the Property (including but not limited to Dwellings and other improvements thereon) shall be insured in an amount equal to one hundred percent (100%) of the insurable replacement value as determined annually by the Association with the assistance of the insurance company providing coverage. Such coverage shall provide protection against: (i) Loss or damage by fire and other hazards covered by a standard extended coverage endorsements; and endorsements; (ii) Such other risks, as determined from time to time by the Association, as are customarily covered by casualty policies with respect to buildings of the type existing on the Property.
Notwithstanding anything to the contrary contained herein, the Association's insurance policies shall not be required to cover damage for mold or damage to the improvements to the interior of the Dwelling, fixtures, and personal property of Owners, and the Owners expressly assume all liability therefor. THE ASSOCIATION SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, INCLUDING CONSEQUENTIAL DAMAGES, TO OWNER'S PROPERTY (AS MORE FULLY DESCRIBED IN SECTION 8.1(a)(ii)) UNLESS SUCH OWNER ESTABLISHES THAT THE ASSOCIATION NEGLIGENTLY FAILED TO DISCHARGE ITS RESPONSIBILITIES UNDER THE DECLARATION.
IN THE EVENT DAMAGE OR LOSS IS CAUSED BY OR IS ATTRIBUTABLE TO AN OWNER AND THE OWNER MAKES OR PRESENTS A CLAIM FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ASBURY CIRCLE TOWNHOMES Page 3 AGAINST THE ASSOCIATION'S INSURANCE POLICY, THEN THE AFFECTED OWNER(S) SHALL BE RESPONSIBLE FOR PAYMENT OF THE APPLICABLE INSURANCE DEDUCTIBLE. THE BOARD, ON A CASE-BY-CASE BASIS, HAS EXPRESS AUTHORITY TO DETERMINE THE MANNER IN WHICH RESPONSIBILITY FOR THE DEDUCTIBLE
S) SHALL BE RESPONSIBLE FOR PAYMENT OF THE APPLICABLE INSURANCE DEDUCTIBLE. THE BOARD, ON A CASE-BY-CASE BASIS, HAS EXPRESS AUTHORITY TO DETERMINE THE MANNER IN WHICH RESPONSIBILITY FOR THE DEDUCTIBLE WILL BE DETERMINED. THE FOREGOING ONLY APPLIES TO NONCATASTROPHIC DAMAGE OR LOSS.
The terms and provisions of the Asbury Circle Declaration, except as modified herein, are hereby declared to be in full force and effect with respect to the Addition. The Addition shall continue to be held, occupied, sold and conveyed subject to the terms and conditions of the Asbury Circle Declaration and this First Amendment to the Asbury Circle Declaration, which shall run with title to the Addition and are binding on all parties having any right, title or interest in and to the Addition or any part thereof, including their heirs, representatives, successors, transferees and assigns, and shall inure to the benefit of each Owner thereof.
IN WITNESS WHEREOF, the Board of Directors of Asbury Circle Townhomes Association, Inc. has caused this First Amendment to the Asbury Circle Declaration to be filed with the office of the Dallas County Clerk and is made to be effective as of the 24th day of Unofficial Copy June 20 FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ASBURY CIRCLE TOWNHOMES Page 4 ASBURY CIRCLE TOWNHOMES ASSOCIATION, INC.
By: JANE LENZ President CERTIFICATION OF APPROVAL OF THE FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ASBURY CIRCLE TOWNHOMES I, JANE LENZ Association, Inc. hereby certify: the duly-elected President of Asbury Circle Townhomes That the First Amendment to the Declaration of Covenants, Conditions and Restrictions for Asbury Circle Townhomes was approved by the affirmative vote
duly-elected President of Asbury Circle Townhomes That the First Amendment to the Declaration of Covenants, Conditions and Restrictions for Asbury Circle Townhomes was approved by the affirmative vote of 67% of the Members of Asbury Circle Townhomes Association, Inc. at the dulyconvened 2014 Annual Meeting of the Members, as evidenced and recorded in the records of Asbury Circle Townhomes Association, Inc., and that the same does now constitute an official amendment to the Declaration of Asbury Circle Townhomes Association, Inc. and shall be filed of record with the office of the Dallas County Clerk.
Unofficial Copy President STATE OF TEXAS COUNTY OF DALLAS JUNE This instrument was acknowledged before me on the 26th day of 2014, by Jane Love Director of Asbury Circle Townhomes Association, Inc., on behalf of said Texas non-profit corporation tcorporation and for the purposes therein expressed and in the capacity therein stated.
Rijn.
Notary Public, State of Texas FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ASBURY CIRCLE TOWNHOMES PATE OF ROBERT GONZALES Notary Public, State of Texas My Commission Expires August 16, 2014 Page 5 EXHIBIT A Those tracts and parcels of real property located in the City of Addison, Dallas County, Texas and more particularly described as follows: • • • All real property subject to the Declaration of Covenants, Conditions and Restrictions for Asbury Circle Townhomes recorded under Instrument No. 20080098924 of the Official Public Records of Dallas County, Texas, supplements thereto and amendments thereof, All lots, tracts or parcels of real property set forth in Asbury Circle Addison, an Addition to the Dallas County, Texas, according to the Map/Plat recorded under
ments thereto and amendments thereof, All lots, tracts or parcels of real property set forth in Asbury Circle Addison, an Addition to the Dallas County, Texas, according to the Map/Plat recorded under Instrument No. 20080122455, of the Map/Plat Records, Dallas County, Texas; and Unofficial copy Part of Les Lacs Plaza Subdivision and Skip Bailey Addition Lot 1 and Lot 2, Block A and Lot 4R-1 and Addison Town Center Lots 32 3A, 3B, 3C-1 and 5 according to the Map/Plat Records, Dallas Filed and Recorded Official Public Records John F. Warren, County Clerk Dallas County, TEXAS 06/27/2014 11:46:42 AM $46.00 201400161131 COUNTY OF DALI STATE OF TEXAS -1-