Doc# 20190091448 05/16/2019 4:20PM Page 1 of 6 Lucy Adame-Clark, Bexar County Clerk AFTER RECORDING RETURN TO: Leah K. Burton, Esq.
CAGLE CARPENTER HAZLEWOOD 7500 Rialto Boulevard, Building 1, Suite 110 Austin, Texas 78735 AMENDMENT TO THE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CASTLE WOOD FOREST SUBDIVISION Cross reference to that certain Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castile Wood Forest Subdivision, recorded at Document No. 20040100030 in the Official Public Records of Bexar County, Texas.
Doc# 20190091448 05/16/2019 4:20PM Page 2 of 6 Lucy Adame-Clark, Bexar County Clerk AMENDMENT TO THE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CASTLE WOOD FOREST SUBDIVISION RECITALS: A. WHEREAS, Castle Wood Forest Subdivision, a subdivision in Bexar County, Texas (the “Subdivision’) is subject to and governed by that certain Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision, recorded at Document No. 20040100030 in the Official Public Records of Bexar County, Texas (the “Declaration”).
B. WHEREAS, the Declaration establishes Castlewood Forest Homeowners’ Association (the “Association”) as the property owners’ association established for the owners of the Lots within the Subdivision property and makes the owners of the lots mandatory members of such property owners’ association, and, as such, the Association is subject to and governed by Chapter 209 of the Texas Property Code.
Cc. WHEREAS, members of the Association desire to amend the Declaration to establish restrictions with regard to the use of lots.
D. | WHEREAS, pursuant to Section 209.0041 of the Texas Property Code, a
. WHEREAS, members of the Association desire to amend the Declaration to establish restrictions with regard to the use of lots.
D. | WHEREAS, pursuant to Section 209.0041 of the Texas Property Code, a subdivision association’s declaration may be amended by an affirmative vote of sixty-seven percent (67%) of the total votes allocated to lot owners entitled to vote on the amendment of the declaration.
E. WHEREAS, in accordance with the foregoing requirements, members of the Association representing at least sixty-seven percent (67%) of the total votes allocated to members of the Association approved this Amendment to the Amended and_ Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision at a meeting of the Association’s membership conducted on s- Lf - QAOW"G , 2019.
NOW THEREFORE, the Declaration is hereby amended as follows: 1. Rentals. Article IV of the Declaration is hereby amended by inserting the following new Section M immediately after the existing Article IV, Section L: (M) Rentals. No Owner may lease less than his or her entire Lot. No Owner may lease or rent, or offer to lease or rent, a Lot for a term of less than six (6) Page 1 of 2 Doc# 20190091448 05/16/2019 4:20PM Page 3 of 6 Lucy Adame-Clark, Bexar County Clerk consecutive months. No Owner may use, or offer to use, a Lot for vacation rentals or timeshare purposes. All leases must be in writing and must provide that the terms of the lease are subject in all respects to the provisions of this Declaration and the Rules and Regulations as they may be adopted and amended from time to time, and that any violation of this Declaration or the Rules and Regulations by the lessee or other occupants shall be a
and the Rules and Regulations as they may be adopted and amended from time to time, and that any violation of this Declaration or the Rules and Regulations by the lessee or other occupants shall be a default under the lease. At least ten (10) days before commencement of the lease term, the Owner shall provide the Association with the following information: (i) the commencement date and expiration date of the lease term; (ii) the names and contact information of each adult person who will reside in the Living Unit during the lease term; (iii) the address and telephone number at which the Owner can be contacted during the lease term; and (iv) a description and the license plate numbers of the tenants’ vehicles, or such other information as the Association is entitled to request by law. The Owner of a leased Living Unit shall be liable for any and all damages caused to the Common Areas by a Tenant and/or occupant of the Owner’s Lot, as well as the Tenant's or occupant’s family, guests, employees, contractors, agents, or invitees. Notwithstanding the absence of an express provision in the lease agreement for enforcement of the Declaration and Rules and Regulations by the Association, each Owner appoints the Association as his or her attorney-in-fact, with full authority to act in his or her place in all respects, solely for the purpose of enforcing the Declaration and Rules and Regulations against his or her Tenants, including but not limited to the authority to institute forcible detainer proceedings against a Tenant on the Owner's behalf, provided the Association gives the Owner at least ten (10) days’ notice, by certified mail, of its intent to so enforce the Declaration and Rules and Regulations. The Owner of a leased Living Unit
lf, provided the Association gives the Owner at least ten (10) days’ notice, by certified mail, of its intent to so enforce the Declaration and Rules and Regulations. The Owner of a leased Living Unit is liable to the Association for any expenses incurred by the Association in connection with enforcement of the Declaration and Rules and Regulations against his or her Tenant. The Association shall not be liable to the Owner for any damages, including lost rents, suffered by the Owner in relation to the Association's enforcement of the Declaration and Rules and Regulations against the Owner's Tenant.
2. Miscellaneous. Any capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Declaration. Unless expressly amended by this instrument, all other terms and provisions of the Declaration remain in full force and effect as written, and are hereby ratified and confirmed.
Page 2 of 2 Doct 20190091448 05/16/2019 4:20PM Page 4 of 6 Lucy Adame-Clark, Bexar County Clerk 3. Effective Date. This Amendment to the Amended and Restated Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision shall be effective upon its recording in the Official Public Records of Bexar County, Texas.
Page 3 of 2 Doc# 20190091448 05/16/2019 4:20PM Page 5 of 6 Lucy Adame-Clark, Bexar County Clerk PRESIDENT’S CERTIFICATION The undersigned President of Castlewood Forest Homeowners’ Association (the Declaration of Covenants, Conditions and Restrictions for Castle Wood Forest Subdivision (the “Amendment”) was approved by the affirmative vote of members representing sixtyseven percent (67%) of the total votes of the Association’s membership at a meeting
Castle Wood Forest Subdivision (the “Amendment”) was approved by the affirmative vote of members representing sixtyseven percent (67%) of the total votes of the Association’s membership at a meeting conducted on 7 “201 4 , 2019.
CASTLEWOOD FOREST HOMEOWNERS’ ASSOCIATION StephanieJones, Presid STATE OF TEXAS COUNTY OF BEXAR T. INSTRUMENT was acknowledged before me this _/ 3 day of 2019 by Stephanie Jones, President of Castlewood Forest Homeowners’ Association.
December 8, 2021 ID # 13137487-1 § § § File Information eFILED IN THE OFFICIAL PUBLIC eRECORDS OF BEXAR COUNTY LUCY ADAME-CLARK, BEXAR COUNTY CLERK Document Number: 20190091448 Recorded Date: May 16, 2019 Recorded Time: 4:20 PM Total Pages: 6 Total Fees: $42.00 Any provision herein which restricts the sale or use of the described real property because of race ts invalid and unenforceable under Federal law STATE OF TEXAS, COUNTY OF BEXAR ] hereby Certify that this instrument was eFILED in Fite Number Sequence on this date and at the time stamped hereon by me and was duly eRECORDED in the Official Public Record of Bexar County, Texas on: 5/16/2019 4:20 PM OS \ Race, Aolame- Chane # Lucy Adame-Clark Bexar County Clerk