AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOXWOOD ADDITION SMITH COUNTY TEXAS Declarant FOXWOOD ADDITION HOMEOWNERS ASSOCIATION, INC.
This Amendment to the Declaration of Covenants, Conditions and Restrictions for FOXWOOD ADDITION is made by Foxwood Addition Homeowners Association Inc, a Texas non-profit corporation on the date signed below.
On August 25, 2004, SDI 2004 — Tyler Developments, Inc., as the developer and former owner of all of the Lots of Foxwood Addition, executed a Declaration of Covenants, Conditions and Restrictions covering Foxwood Addition, a subdivision of record in Smith County, Texas. This Declaration was filed for record with the County Clerk of Smith County Texas in Volume 7596 Page 902.
Under Article 9.02 of the Declaration, it states inter alia: This Declaration may be amended or extinguished by the recording in the Official Public Records of Smith County, Texas of an instrument executed and acknowledged by the President and Secretary of the Association, setting forth the amendment or extinguishment and certifying that such amendment or extinguishment has been approved by Owners entitled to cast at least seventy-five percent (75%) of the number of votes entitled to be cast pursuant to Section 5.03 hereof.
As of the date hereof, the President and Secretary of Foxwood Addition Homeowners Association Inc.
certify that this Amendment has been approved by the Owners entitled to cast at least seventy-five percent (75%) of the total number of votes entitled to be cast pursuant to the Declaration.
NOW THEREFORE, the Declaration is hereby amended as set forth herein.
Article X — Leasing of Residences and Structures is added to read as follows: Article X LEASING RESIDENCES AND STRUCTURES
aration.
NOW THEREFORE, the Declaration is hereby amended as set forth herein.
Article X — Leasing of Residences and Structures is added to read as follows: Article X LEASING RESIDENCES AND STRUCTURES Leasing Residences and Structures 1. General Application. As of the effective date of the adoption of these Covenants, there are Residences that are leased by the Owner to third parties (“Tenants”). The following terms and provisions apply to the Leasing of Residences and Structures in the Subdivision: a. Limit on Leased Residences. At no time may more than fifteen percent (15%) of the total number of Residences within the Subdivision be leased, rented, (short-term or long-term), licensed, or let (collectively referred herein to as "leased"). No Structure may be leased separate and apart from the Residence to which it is appurtenant or with which it is situated on the same Lot.
b. Notice. To ensure that the fifteen percent (15%) limitation on Residences is not exceeded, all Owners who wish to lease their Residences must first send a written notice to the Board advising the Association that the Owner would like to be able to rent the Owner’s Residence.
C. ’ Board Response. Upon receiving a written notice from an Owner of the desire to lease a Residence, the Board shall, within 15 business days, notify the Owner if the lease limitation set forth in subsection a has been met in the Subdivision, and if the leasing limit has been reached the Board will advise the Owner that the Owner will be placed on a wait list to await the conversion of a rental Residence to an Owner occupied or non-rented Residence so the Owner may rent his or her Residence thereafter.
d. Exceptions. The percentage leasing limitation stated in subsection a, above, shall not apply to the following:
ccupied or non-rented Residence so the Owner may rent his or her Residence thereafter.
d. Exceptions. The percentage leasing limitation stated in subsection a, above, shall not apply to the following: l. Grandfathered Residences. Residences leased at the time of the adoption of these Covenants shall be deemed to be "Grandfathered Residences." Grandfathered Residences shall be exempt from the lease restrictions set forth herein until said Residences are sold. Upon sale of a Grandfathered Residence, the Residence shall not be subject to being leased except in compliance with the procedure and subject to the limitation set forth herein as if a non-Grandfathered Residence and the Owner must comply with it in all respects with the Covenants and Rules dealing with Rental Residences.
2. Financial Hardship Exception. An Owner suffering from a financial or personal hardship that renders the Owner unable to reside in his/her Residence may apply to the Board to lease the Residence even if the limitation referred to in subsection a, above, has been met. In such situations, the Board, in its sole discretion, may permit the Owner to lease his or her Residence.
3. Mortgagees. The provisions and restrictions on leasing contained herein shall not apply to foreclosing lenders, nor impair the right of Mortgagees to foreclose or take title to a Residence, to accept a deed or assignment in lieu of foreclosure in the event of default by a mortgagor, to take possession and to lease an acquired Residence even though the limitation referred to in subsection a, above, has been met, or to otherwise act upon their mortgages.
4, Family Occupied. Residences occupied by a family member of first or second congruence to the
e limitation referred to in subsection a, above, has been met, or to otherwise act upon their mortgages.
4, Family Occupied. Residences occupied by a family member of first or second congruence to the Owner shall not be considered as being leased for purposes of application of this provision, but all occupants shaii remain subject to ali ruies.
5. Probate or Heirship. Residences subject to administration in probate or heirship are excepted from these provisions for a period of four years after the date of death of the Owner.
EXECUTED as of the dates of the acknowledgements set forth below: HOMEOWNERS ASSOCIATION: Foxwood Addition Homeowners Association Inc.
hing Hol. ii le ft Christin Blake, President We h Chelette, Treasurer & Secretary By: By: Jos STATE OF TEXAS COUNTY OF SMITH This instrument was acknowledged before me, the undersigned authority, this Zo day of Lp 7 2022 by Christin Blake.
wii Sar olay el BENGRLEN SERKS a SPN = Notary Public. tare of Texas Jes Comm exttves 8-90-2024 As oR Notary iD 130801042 Notary Pyiblic, State of Texas STATE OF TEXAS COUNTY OF SMITH ra This instrument was acknowledged before me, the undersigned authority, this Ze day of pe: 2022 by Joseph Chelette.
Sy Ply BENJAMIN BURKS Son ele, hers a= Notary Public, State of Texas ig One wut Saas es = Comm. Expires 08-30-2024 We RS — Notary ID 130801042 TTTh) \) w = , State of Texas After Recording, Return to: Foxwood Addition 1658 W Grande Blvd Ste 100 Tyler, TX 75703 Smith County UNITING Document Number: 202201016726 Real Property Recordings RESTRICTION Recorded On: April 28, 2022 02:28 PM Number of Pages: 4 Billable Pages: 3 " Examined and Charged as Follows: " Total Recording: $34.00 I
ION Recorded On: April 28, 2022 02:28 PM Number of Pages: 4 Billable Pages: 3 " Examined and Charged as Follows: " Total Recording: $34.00 I Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
File Information: Document Number: 202201016726 Receipt Number: 20220428000127 Recorded Date/Time: April 28, 2022 02:28 PM User: Jennafer M a willy, STATE OF TEXAS Sen Smith County = ee “se I hereby certify that this Instrument was filed in the File Number sequence on the date/time 20: Be printed hereon, and was duly recorded in the Official Records of Smith County, Texas Ac See sf Karen Philips 7 mp te 8S Smith County Clerk ho L Smith County, TX