FIRST AMENDMENT TO THE AMENDED AND RESTATED MAINTENANCE DECLARATION STATE OF TEXAS FOR THE VILLAS OF HARBOR LAKES [Delegation of Authority to the Master Association] COUNTY OF HOOD eee AMENDMENT KNOW ALL MEN BY THESE PRESENTS: THIS FIRST ΤΟ THE AMENDED AND RESTATED MAINTENANCE DECLARATION FOR THE VILLAS OF HARBOR LAKES (this "First Amendment") is made this 15th day of July, 2021, by the Owners of Lots within the Villas of Harbor Lakes and by Harbor Lakes Homeowners Association, Inc. (the "Master Association").
WITNESSETH: WHEREAS, Lumbermen's Investment Corporation, a Delaware corporation ("Declarant”), prepared and recorded an instrument entitled “Declaration of Covenants, Conditions and Restrictions for Harbor Lakes" on or about December 28, 2000 at Volume 1726, Page 0001 et seq. of the Real Property Records of Hood County, Texas (the "Master Declaration"); and WHEREAS, the Declarant also prepared and recorded an instrument entitled "Maintenance Declaration for the Villas of Harbor Lakes" on or about July 8, 2004 at Volume 2023, Page 0244 et seq. of the Real Property Records of Hood County, Texas (the "Original Maintenance Declaration"); and WHEREAS, the Original Maintenance Declaration was replaced by the Amended and Restated Maintenance Declaration for the Villas of Harbor Lakes recorded on or about August 2, 2004 at Volume 2028, Page 0927 et seq. of the Real Property Records of Hood County, Texas (the "Restated Maintenance Declaration"); and WHEREAS, the Master Declaration governs all Lots in the Harbor Lakes community, and the Restated Maintenance Declaration applies to 29 specific Lots in the Harbor Lakes community known as the Villas of Harbor Lakes; and WHEREAS, the Master Association is the property owners association created by the
tenance Declaration applies to 29 specific Lots in the Harbor Lakes community known as the Villas of Harbor Lakes; and WHEREAS, the Master Association is the property owners association created by the Declarant to manage the Harbor Lakes community and administer the covenants and restrictions contained in the Master Declaration; and WHEREAS, Article VI, Section 2 of the Restated Maintenance Declaration provides that the Restated Maintenance Declaration may be amended by an instrument signed by the Master Association and by Owners of Lots within the Villas of Harbor Lakes constituting not less than seventy-four percent (74%) of the total votes, in the aggregate, of the Maintenance Association; and WHEREAS, Section 209.0041(h) of the Texas Property Code provides that a declaration FIRST AMENDMENT TO THE RESTATED MAINTENANCE DECLARATION - Page 1 may be amended only by a vote of 67 percent of the total votes allocated to property owners entitled to vote on the amendment of the declaration, in addition to any governmental approval required by law, and Section 209.0041(f) provides that Section 209.0041 supersedes any contrary requirement in a dedicatory instrument; and WHEREAS, Owners of Lots having more than 67 percent of the total votes allocated to Owners within the Villas of Harbor Lakes agreed to the following amendment to the Declaration.
1.
NOW, THEREFORE, the Declaration is hereby amended as follows: The existing paragraph in Article VII of the Restated Maintenance Declaration is renumbered as “Section 1" of Article VII and retitled as “Enforcement By Declarant and Master Association."
2.
Article VII of the Restated Maintenance Declaration is amended to add a new Section 2 thereto to state as follows: 3.
Section 2. Master Association Authority to Act as Maintenance
ter Association."
2.
Article VII of the Restated Maintenance Declaration is amended to add a new Section 2 thereto to state as follows: 3.
Section 2. Master Association Authority to Act as Maintenance Association. From the date of recordation of this First Amendment, the Master Association will discharge the powers and duties of the Maintenance Association.
By executing this First Amendment, the Master Association consents and agrees to discharge the powers and duties of the Maintenance Association.
4.
In the event of a conflict between this First Amendment and any other provision in the Restated Maintenance Declaration, this First Amendment shall control.
5.
Except as modified by this First Amendment, the Restated Maintenance Declaration shall remain in full force and effect.
IN WITNESS WHEREOF, the foregoing amendment has been approved by the Owners of the requisite number of votes within the Villas of Harbor Lakes as evidenced by their attached signatures and the signature of a representative of the Master Association.
HARBOR LAKES HOMEOWNERS ASSOCIATION. INC., A Texas non-profit corporation By: Name: James J. Jones Title: President FIRST AMENDMENT TO THE RESTATED MAINTENANCE DECLARATION - Page 2 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF HOOD § essesses NOTARY PUBLIC OF KELLY WILKINSON Notary ID #126738976 My Commission Expires January 13, 2025 This instrument was acknowledged before me on by James Jours, 202.
of Harbor Lakes Homeowners Association, Inc., a Texas non-profit corporation, on behalf of said corporation, on the 19 day of October Notary Public, State of Texas My Commission Expires: 1/13/2025 FIRST AMENDMENT TO THE RESTATED MAINTENANCE DECLARATION - Page 3 CONSET TO AMMENDMENT PROPOSED FIRST AMENDEMT TO
on the 19 day of October Notary Public, State of Texas My Commission Expires: 1/13/2025 FIRST AMENDMENT TO THE RESTATED MAINTENANCE DECLARATION - Page 3 CONSET TO AMMENDMENT PROPOSED FIRST AMENDEMT TO AMENDED AND RESTATED MAINTENANCE DECLARATION FOR THE VILLAS OF HARBOR LAKES (Section 3, Lots 1-29, Harbor Lakes) It is proposed that the AMENDED AND RESTATED MAINTENANCE DECLARATION FOR THE VILLAS OF HARBOR LAKES be amended per the FIRST AMENDMENT to that Declaration.
☑ For ☐ Against ☐ Abstain Name: James J. Jones, President Harbor Lakes HOA Address: 2710 Harborside Dr., Granbury, TX 76048 Signature: For and on behalf of the Association and Proxies received Villas Maintenance Amendment Votes and Proxies Beatrice Eden Sharon Allen David Young Judy & Carroll Boley Katie Evans Morgan Family Trust Gay/Mike Mamantov Jessie Jenkins 2307 Marseilles Ct 1400 Amsterdam Ct.
1314 Amsterdam Ct.
2309 Marseilles Ct 1404 Amsterdam Ct 2313 Marseilles Ct 1311 Amsterdam Ct 1307 Amsterdam Ct Clayton Bryant 1403 Amsterdam Ct Valerie & Richard Brigman 1301 Amsterdam Ct John Pufal 1316 Amsterdam Ct Thomas Dickerson 1312 Amsterdam Ct Jeanett Prater 2304 Marseilles Ct Juletta Bertva Claude & Pat Mahlen 2305 Marseilles Ct 2302 Marseilles Ct Larry & Christy McWilliams 2308 Marseilles Ct David & Linda Dowell Norm & Andrea Gannon Lloyd & Kimberly Faith Edgar Robert Echols 1300 Amsterdam Ct 1305 Amsterdam Ct 2312 Marseilles Ct 1318 Amsterdam Ct FIRST AMENDMENT TO THE RESTATED MAINTENANCE DECLARATION - Page 4