Recorded On: August 21, 2018 03:35 PM Total Recording: $42.00 Denton County Juli Luke County Clerk Instrument Number: 99257 ERecordings-RP AMENDMENT Number of Pages: 5 " Examined and Charged as Follows: " 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: 99257 Receipt Number: 20180821000550 Recorded Date/Time: August 21, 2018 03:35 PM User: Diana P Station: D1ZN5182 DENTON COUNTY 1846 * TEXAS Record and Return To: eRx STATE OF TEXAS COUNTY OF DENTON I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas.
Juli Luke County Clerk Denton County, TX FIRST AMENDMENT to the CONDOMINIUM DECLARATION for LADERA AT HIGHLAND VILLAGE CONDOMINIUMS STATE OF TEXAS COUNTY OF DENTON § § KNOW ALL MEN BY THESE PRESENTS: cos cos cas THIS FIRST AMENDMENT TO THE CONDOMINIUM DECLARATION FOR LADERA AT HIGHLAND VILLAGE CONDOMINIUMS (this "First Amendment") is made as of the 20th day of August, 2018, by HVLADERA, LLC, a Texas limited liability company (hereinafter referred to as the "Declarant").
WITNESSETH: WHEREAS, Declarant prepared and recorded that certain "Condominium Declaration for Ladera at Highland Village Condominiums" on or about September 25, 2017 as Instrument Number 117884 in the Official Public Records of Denton County, Texas (the "Declaration"); and WHEREAS, Article X, Section 10.1 of the Declaration provides that the Declarant has the unilateral right to amend the Declaration at any time prior to the election of the Fully Elected
laration"); and WHEREAS, Article X, Section 10.1 of the Declaration provides that the Declarant has the unilateral right to amend the Declaration at any time prior to the election of the Fully Elected Board (as defined in the Declaration); and WHEREAS, Declarant, pursuant to Article X, Section 10.1 of the Declaration, desires to amend the Declaration as hereinafter provided: 1.
NOW, THEREFORE, the Declaration is hereby amended as follows: Amend Article I, Section 1.3 by deleting such Section in its entirety and replacing it with the following: Section 1.3 "Allocated Interests" means the undivided interest in the Common Elements, the common expense liability, and votes in the Association allocated to each Unit that may be created hereunder as set forth on Exhibit “B” attached hereto and made a part hereof for all purposes. Subject to Sections 7.3, 8.1, 8.2, and all other provisions of this Declaration, at all times each Unit that may be created hereunder shall have an equal undivided interest in the Common Elements, the common expense liability, and votes in the Association. The Declarant, acting alone, or the President of the Association, upon approval of the Board, shall have the right to amend Exhibit “B” and re-record such amended Exhibit "B" to assign a revised Allocated Interest to the Units pursuant to this Declaration. Subject to Sections 7.3, 8.1, 8.2, and all other provisions of this Declaration, if a Unit is added or withdrawn from the Condominium, the Allocated Interests shall be automatically reallocated to all Units that may then be created so that each such Unit shall have an equal undivided interest in the Common Elements, the common expense liability, and votes in the Association.
FIRST AMENDMENT TO DECLARATION - Page 1 2.
be created so that each such Unit shall have an equal undivided interest in the Common Elements, the common expense liability, and votes in the Association.
FIRST AMENDMENT TO DECLARATION - Page 1 2.
Should a Unit be added or withdrawn from the Condominium, the Board, acting without joinder of any other Owner or Mortgagee or other person, shall promptly prepare, execute and record an amendment to the Declaration reflecting the reallocation of these undivided interests.
Amend Article VIII, Section 8.2 of the Declaration by deleting this Section in its entirety and replacing it with the following: Section 8.2 Partial Taking of a Unit.
Except as provided by Section 8.1, if part of a Unit is acquired by condemnation, the award must compensate the Owner for the reduction in value of the Unit and its Common Element interests. On acquisition, the condemned Unit's Allocated Interest shall be reduced in proportion to the reduction in size of the Unit, and the portion of the Allocated Interest divested from the partially acquired Unit shall automatically be reallocated to that Unit and the remaining Units in proportion to the respective Allocated Interests of those Units before the taking, with the partially acquired Unit participating in the reallocation on the basis of its reduced Allocated Interest, and the Board, acting without joinder of any other Owner or Mortgagee or other person, shall promptly prepare, execute and record an amendment to the Declaration reflecting the reallocations.
3.
Amend Article XII, Section 12.13 of the Declaration by deleting this Section in its entirety and replacing it with the following: Section 12.13 Declarant Control Period.
The Declarant Control Period is the period during which the Declarant, or
laration by deleting this Section in its entirety and replacing it with the following: Section 12.13 Declarant Control Period.
The Declarant Control Period is the period during which the Declarant, or persons designated by the Declarant, may appoint and remove a majority of the members of the Board. The Declarant shall retain the unilateral right to appoint all directors until not later than the 120th day after conveyance of fifty percent (50%) of the Units that may be created to Unit Owners other than the Declarant at which time not less than one-third (1/3) of the members of the Board must be elected by Unit Owners other than the Declarant.
The Declarant Control Period shall terminate not later than the 120th day after conveyance of seventy-five percent (75%) of the total number of Units that may be created to Unit Owners other than the Declarant, at which time the Owners shall elect a Board of at least three (3) members pursuant to the provisions in the Bylaws. The persons elected shall take office upon election.
FIRST AMENDMENT TO DECLARATION - Page 2 4.
The Declarant Control Period shall terminate not later than the 120th day after conveyance of seventy-five percent (75%) of the Units that may be created to Unit Owners other than the Declarant, at which time the Owners shall elect a Board of at least three (3) members pursuant to the provisions in the Bylaws. The persons elected shall take office upon election.
Notwithstanding anything contained herein to the contrary, the Declarant has the right, at any time, to transfer all or a portion of its Declarant rights created in this Declaration, so long as such transfer be in writing and recorded in the Official Public Records of Real Property of Tarrant County, Texas. The
all or a portion of its Declarant rights created in this Declaration, so long as such transfer be in writing and recorded in the Official Public Records of Real Property of Tarrant County, Texas. The termination of the Declarant Control Period to appoint and remove the members of the Board shall in no way affect any other rights of the Declarant created in this Declaration.
Except as modified by the First Amendment and this Second Amendment, the Declaration shall remain in full force and effect.
5.
All capitalized terms used in this Second Amendment which are not otherwise defined herein have the same meaning as the capitalized terms used in the Declaration, as amended by the First Amendment.
[The remainder of this page is intentionally left blank.] SECOND AMENDMENT TO DECLARATION - Page 3 IN WITNESS WHEREOF, the Declarant has executed this instrument on this the day of August, 2018.
HVLadera, LLC, a Texas limited liability company By: Name: bHN DOWN Its: Managing Member ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF DENTON John Delin cos cos cas BEFORE. ME, the undersigned authority, on this day personally appeared Managing Member of HVLadera, LLC, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed on behalf of said limited liability company.
SUBSCRIBED AND SWORN TO BEFORE ME on this 20th, USA CAROL ASHKAR My Notary ID # 124283961 Expires July 29, 2022 Notary Public, State of Texas My Commission Expires: day of August, 2018.
15. July 29, 2022 FIRST AMENDMENT TO DECLARATION - Page 4