Doc# 20240115775 06/26/2024 04:37 PM Page 1 of 8 Lucy Adame-Clark, Bexar County Clerk STATE OF TEXAS COUNTY OF BEXAR § § AMENDMENTS TO COMMUNITY MANUAL OF LUMA CONDOMINIUM COMMUNITY, INC.
Rules and Bylaws Amendments Document reference. Reference is hereby made to that certain Declaration of Condominium Regime for Luma Condominiums recorded as Document No. 20190064540,as amended in Document Nos. 20190243894, 2020000307554, 20210201573, and 20220025502, all in the Official Public Records of Bexar County, Texas, (together with all amendments and supplemental documents thereto, the "Declaration").
Reference is hereby made to rules previously adopted by the Association set forth as Attachment 3 to the Community Manual filed of record in Document No. 20190065066 and supplemented by Document No.
20210278058, both in the Official Public Records of Bexar County, Texas (together with all amendments and supplemental documents thereto, the "Rules").
Reference is hereby made to the Certificate of Formation and the Bylaws of the Luma Condominium Community, Inc. (the "Association") set forth as Attachments 1 and 2 to the Community Manual.
WHEREAS the Declaration provides that owners of units subject to the Declaration are automatically made members of Luma Condominium Community, Inc. (the "Association"); and WHEREAS, the Development Period and Declarant Control Period expired no later than August 1, 2023, the date that Declarant was placed in receivership; and WHEREAS the Association, acting through its board of directors (the "Board") elected by the members of the Association, is authorized to adopt and amend rules and regulations governing the property subject to the Declaration
acting through its board of directors (the "Board") elected by the members of the Association, is authorized to adopt and amend rules and regulations governing the property subject to the Declaration and the operations of the Association pursuant to Texas Property Code Chapter 82 and Declaration section 11.4; and WHEREAS the Board has voted to adopt the rules set forth in Exhibit "A" to amend and supplement the previously recorded Rules; and WHEREAS the Board is authorized to amend the Bylaws pursuant to Bylaws section 11.1 and Texas Business Organizations Code section 22.102; and WHEREAS the Board has voted to amend Bylaws section 2.1 to read as follows: 2.1. Number and Term of Office. The Board will consist of three (3) persons. The term of each director is 3 years, with one term expiring each year. A director takes office upon the adjournment of the meeting or balloting at which the director is elected or appointed and, absent death, ineligibility, resignation, or removal, will hold office until the director's successor is elected or appointed.
WHEREAS the Board has determined that for the first director election after this amendment is adopted, the candidate who receives the most votes shall serve a 3-year term, and the candidate with the second highest number of votes shall serve the 2-year term, and the candidate who receives the third highest number of votes shall serve a I-year term.
THEREFORE the foregoing amendment to the Bylaws is APPROVED AND ADOPTED; and THEREFORE the attached amendment to the Rules has been approved and adopted.
To the extent of any conflict with previously-recorded rules, the rules on Exhibit "A" control.
LUMA CONDOMINIUM COMMUNITY, INC.
Acting by and through its Board ofDirectors
been approved and adopted.
To the extent of any conflict with previously-recorded rules, the rules on Exhibit "A" control.
LUMA CONDOMINIUM COMMUNITY, INC.
Acting by and through its Board ofDirectors Doc# 20240115775 06/26/2024 04:37 PM Page 2 of 8 Lucy Adame-Clark, Bexar County Clerk By: Niemann & Heyer LLP, attorneys and authorized agents, filing By: p~µ Patrice Arnold Exhibit "A": Amendments to Rules (including Leasing Cap Policy) Acknowledgement STATE OF TEXAS § COUNTY OF BEXAR § Patrice Arnold in the capacity stated above.
After recording, please return to: Niemann & Heyer, L.L.P.
Attorneys at Law Westgate Building, Suite 313 1122 Colorado Street Austin, Texas 78701 ELIZABETH A. ESCAMILLA MY COMMISSION EXPIRES October 8, 2026 OTARY ID: 12840394-0 /Volumes/File Server-l/CLIENTS/Luma/RulesAmendments2024 0626.docx Doc# 20240115775 06/26/2024 04:37 PM Page 3 of 8 Lucy Adame-Clark, Bexar County Clerk EXHIBIT "A" AMENDMENTS TO RULES B-8. Providing Information. Each Owner and Occupant shall respond within 10 days of Association request for information relating to occupants of the Unit and vehicles kept on the Property.
C-1. Leases. Each lease must be in writing. Within IO days of the effective date of a lease, and thereafter at the Association's request, an Owner must give the Association a copy of each lease and lease renewal. A unit may not be leased for hotel or transient purposes. Less than the entire Unit may not be leased. Each Owner who leases a Unit must submit to the Association basic identifying information [tenant names, vehicle make, model and
tel or transient purposes. Less than the entire Unit may not be leased. Each Owner who leases a Unit must submit to the Association basic identifying information [tenant names, vehicle make, model and license plate(s), description of all pets] within 10 days after the first day of the lease term. See Article 12 of the Declaration for additional leasing requirements.
C-3. Cap on Number of Leased Units. As authorized by Declaration section 12.1, the Association has adopted a permit system limiting the number of leased units to 20% of the total number of units which (rounded down) is eight (8) units. This cap is implemented by the Leasing Cap Policy included in this Community Manual.
1-4. Guest Parking. RESIDENTS ARE PROHIBITED AT ALL TIMES FROM PARKING IN GUEST PARKING SPACES. For purposes of this Rule I-4, a resident is anyone who parks in Association parking areas for any length of time on two (2) or more days in any seven (7) day period. Parking in parking spaces designated as guest parking is limited to a period of less than twenty-four (24) consecutive hours unless in the event of an emergency or otherwise approved in advance by the Association, provided that in no event shall the same vehicle be parked in a guest space (for any duration of time) more than ten (10) times in any 30-day period. An "Emergency" means an event which jeopardizes life or property. Any resident's vehicle parking in a violation of this rule is subject to remedies as outlined in Rule I-7, including towing at the vehicle owner's expense.
1-7. Violations. A vehicle parked in violation of these Rules may be stickered, wheel-locked, towed, or otherwise removed from the Property by the Association, at the expense of the vehicle's Owner. The Association
s. A vehicle parked in violation of these Rules may be stickered, wheel-locked, towed, or otherwise removed from the Property by the Association, at the expense of the vehicle's Owner. The Association expressly disclaims any liability for damage to a vehicle on which the Association exercises these remedies for Rules violations. The following additional remedies may be imposed by the Association if a vehicle is parked in violation of these Rules: (a) levying a fine ofno less than $250 per incident and/or (b) barring the vehicle from being parked in any guest parking space for up to 6 months.
1-8. Identifying Information. The Owner must provide to the Association, within 10 days of request, the description (make, model, year, license plate, color) of all vehicles to be parked on the Property by the Owner or occupants/tenants. When the information changes, Owner shall promptly notify the Association.
J-3. Trash and Recycling Containers. Occupants must place trash entirely within the designated receptable, and may not place trash outside, next to, or on top of the receptable. If a receptable is full, Occupants should locate another receptacle to hold the material or wait to deposit material until the receptacle has been emptied.
Boxes and large objects should be crushed flat or broken down before placed in a receptacle. Receptacles are to be closed at all times when not in use. Occupants must place only recyclable materials in recycling containers.
Occupants must arrange privately for removal of discarded furnishings, construction materials, or any unusually large volume of debris. NO HAZARDOUS WASTE IS TO BE PLACED IN ANY RECEPTABLE.
Any additional trash collection cost billed to the Association due to an Occupant's violation of this rule J-3 will
sually large volume of debris. NO HAZARDOUS WASTE IS TO BE PLACED IN ANY RECEPTABLE.
Any additional trash collection cost billed to the Association due to an Occupant's violation of this rule J-3 will be billed to the owner of the Unit in which the Occupant resides and is also subject to fine.
Doc# 20240115775 06/26/2024 04:37 PM Page 4 of 8 Lucy Adame-Clark, Bexar County Clerk LEASING CAP POLICY Summary of key provisions: * All leases must be subject to the governing documents and owners must provide a copy of all governing documents to tenants *With limited exceptions, no leasing or lease renewal is allowed if 8 or more units are leased at the time * Minimum lease term is 180 days; while leases may be renewed for same term, month-to-month renewals allowed only if leasing cap has not been met or otherwise with Association approval *Prior to leasing, an owner must apply to the Association and obtain confirmation that there is no leasing wait list *If there is a waiting list, renewals of existing leases after their term expires is only allowed if the tenants and occupants are exactly the same *If there is a waiting list, any renewals involving different tenants or occupants is not allowed 1. Unit Leasing 1.1 DEFINITION OF LEASING. A Unit is deemed "leased," and its occupants deemed "tenants," for purposes of this rule and other leasing-related provisions in this Declaration and the other documents, except when: (i) the Unit is occupied by the Unit owner and/or a person immediately related to the owner by blood, marriage or adoption1, (ii) the Unit is vacant, or (iii) title to the Unit is held by a corporation, trust, partnership, or other legal entity, with the primary purpose of providing occupancy to the current occupant who is an
i) the Unit is vacant, or (iii) title to the Unit is held by a corporation, trust, partnership, or other legal entity, with the primary purpose of providing occupancy to the current occupant who is an employee, director, owner of the entity. This definition applies irrespective of whether there is a written agreement between the Unit owner and the occupant(s) or whether any financial consideration has been provided for the right of occupancy. The Association may in the sole discretion of the Association require proof of familial relation between a Unit owner and occupant.
In calculating occupancy, units are counted uniformly regardless of size. A person is considered a tenant for all purposes under these rules if that person stays overnight on the property more than 7 days in any month. Presence on the property at any time between 11 :00 pm and 6:00 am will be considered an overnight stay.
1.2 MINIMUM LEASE TERM; LEASE ADVERTISING.
No Unit may be rented for hotel or transient purposes or for an initial lease term of less than 180 days. If a tenant fails to fulfill the lease term (moves out early), the property may not be re-occupied by the owner or another tenant without prior approval of the Association and unless any replacement lease is in compliance with this rule. This is to prevent a situation where a unit is leased "for 180 days" but in reality is leased for the weekend and the tenant "leaves early" and the owner moves back in or leases to another tenant.
1 A situation where an owner lives with an unrelated individual for purpose of companionship, regardless of whether the companion contributes to living expenses, will not be considered a lease under these rules.
Doc# 20240115775 06/26/2024 04:37 PM Page 5 of 8 Lucy Adame-Clark, Bexar County Clerk
ardless of whether the companion contributes to living expenses, will not be considered a lease under these rules.
Doc# 20240115775 06/26/2024 04:37 PM Page 5 of 8 Lucy Adame-Clark, Bexar County Clerk No Unit Owner may advertise the lease of any Unit for a term of less than the minimum lease term. All advertisements for the lease of a Unit must clearly state that the minimum lease term required by this rule (or any longer term the Owner wishes to apply). Daily or weekly rates (or any rate less than monthly) may not be advertised.
Fines will be assessed for any violation of this rule, regardless of whether the advertised Unit is actually leased for a period of less than the minimum lease term.
1.3. ELIGIBILITY TO LEASE. An owner must be in good standing, defined for the purposes of these leasing rules as having no outstanding violations of the Declaration, Bylaws, or Rules, and no delinquent amounts owed the Association. If an owner is not in good standing, the Owner is not eligible to lease the unit or to renew any existing lease that was entered into at a time the owner was in good standing. In addition, an Owner is eligible to lease only if no more than seven (7) other Units are leased.
Transition provision: an Owner whose Unit is leased at the time this rule is adopted shall be permitted to continue to lease the Unit to the same tenant, notwithstanding that the 8Unit cap is exceeded. The lease may not be assigned, nor may there be a sublease, and a lease to any one or more different tenants shall be deemed a new lease and the cap shall apply.
1.4 CAP ON TOTAL NUMBER OF LEASED UNITS. This provision is adopted pursuant to the express authority of Declaration section 12.1 that the Association shall have the
new lease and the cap shall apply.
1.4 CAP ON TOTAL NUMBER OF LEASED UNITS. This provision is adopted pursuant to the express authority of Declaration section 12.1 that the Association shall have the "authority to adopt a leasing permit system which limits the number of Units which may be leased at any one time". No more than 8 Units (the "Leasing Cap") may be leased at any given point in time, subject to the right of the Board to grant a waiver from this Leasing Cap.
1.5 NEW LEASES AND RENEW AL OF LEASES.
(A) New leases (Entering into a new lease) Prior to leasing (any lease other than a renewal of an existing lease with the exact same tenants and occupants), owners must: (i) pay a non-refundable administrative fee of $150 to the Association; (ii) submit a leasing application to the association and receive written consent to the application. Consent will only be given if Owner is eligible to lease as provided in section 1.3 above.
(B) Renewal without Board permission (with notice only): If written consent to leasing was originally granted for the lease, Owner may renew the lease without Association permission if (and only if): (i) the owner is in good standing at the time of the lease renewal (it is the owner's duty to confirm good standing); (ii) the tenants and occupants on the renewal lease are exactly the same as those in the original lease ( otherwise, procedures for a new lease must be followed); and Doc# 20240115775 06/26/2024 04:37 PM Page 6 of 8 Lucy Adame-Clark, Bexar County Clerk (iii) a copy of the renewed lease, along with the names of all tenants and occupants, is provided to the Association within ten days of the effective date of the renewal.
all tenants and occupants, is provided to the Association within ten days of the effective date of the renewal.
(C) Renewals that require Association permission. A lease renewal that contemplates any different tenants or occupants other than those allowed under the original lease is considered a new lease, and all rules set forth in section (A) apply. If the 8 or more other units are leased as of the renewal date, an Owner who wishes to continue renting must request to be placed on the wait list. If less than 8 Units are leased as of the renewal date, the Unit may be leased provided the Owner is otherwise eligible to lease. It is the owner's responsibility to contact the Association's managing agent to determine whether there is a waiting list It is the owner's responsibility to apply for and obtain any required written leasing permission prior to entering into any lease.
1.6 NO LEASING IF CAP MET; RENTAL WAITING LIST; BOARD AUTHORITY TO GRANT WAIVER. If the Leasing Cap of 8 Units has been met, an owner desiring to enter into a new lease agreement must: (i) place his/her name on the rental waiting list; and/or (ii) apply to the Association for a waiver under sub-section (A) below. However, under no circumstances may the number ofleased Units, including Hardship permits, exceed 10.
It is the owners' responsibility to determine whether at the time of any contemplated lease renewal, there is a rental waiting list. Inquiries should be submitted to the Association's managing agent.
A. Exception for Undue Hardship. If and only if a Unit has not been leased in the
ated lease renewal, there is a rental waiting list. Inquiries should be submitted to the Association's managing agent.
A. Exception for Undue Hardship. If and only if a Unit has not been leased in the past 6 months, the Board has the discretionary authority to grant a waiver from the Leasing Cap and to approve an owner's written application to lease the Unit for a stated period of time, if necessary to avoid undue hardship. By way of illustration and not limitation, examples of circumstances that may contribute to "undue hardship" are those in which ( 1) an owner must relocate to another region when market conditions do not favor a timely sale for an amount exceeding the debt against the Unit; (2) the Unit is being administered by the deceased owner's estate; and (3) the owner temporarily relocates and intends to return to occupy the Unit. The owner must submit a written application stating why a prohibition against leasing would result in undue hardship to the owner and otherwise describe the circumstances necessitating the leasing.
B. Application and Approval. Approval by the Association of a waiver under subsection A above must be in writing and may not be deemed granted from lack of a response. The Association's approval may be limited to a stated period of time that, if not stated, is deemed to be one year from the date written approval is granted. On expiration of that period, the tenant must vacate the Unit.
1.7 RENTAL WAITING LIST; OPPORTUNITY TO LEASE. The Association will maintain a prioritized waiting list of Owners desiring to lease Units at all times when 8 or more of the Units are leased. Once a space becomes available for an Owner on the waiting list to lease his Unit, the Owner shall be granted leasing permission and given 60 days to lease
imes when 8 or more of the Units are leased. Once a space becomes available for an Owner on the waiting list to lease his Unit, the Owner shall be granted leasing permission and given 60 days to lease the Unit. If the Unit is not leased within that timeframe, the permission is automatically withdrawn, and Owner shall be placed back on the rental waiting list at the top of the list Doc# 20240115775 06/26/2024 04:37 PM Page 7 of 8 Lucy Adame-Clark, Bexar County Clerk and the next Owner on the list shall be given a similar opportunity to lease his Unit. If an Owner on the rental waiting list is attempting to lease his Unit, that Unit will be deemed "leased" for purposes of the Leasing Cap.
An Owner may not seek to be placed on the wait list for a particular Unit during any time that the Unit is leased. Only owners who are not currently leasing a Unit may ask to be put on the wait list. Any wait list request must be submitted in writing to the Association's managing agent (via email, fax, or mail). It is the owner's responsibility to confirm receipt of the request. Wait list priority cannot be assigned or otherwise transferred to another Unit.
1.8 CHANGE OF TENANTS/OCCUPANTS; NO SUBLETTING OR ASSIGNMENT. Any change of tenants or occupants during a lease term is a new lease for the purposes of this rule, and must be permitted and documented as such, with all documentation submitted to the Association in accordance with this rule. No lease may be assigned; subleasing is prohibited.
1.09 VIOLATIONS. The Association may revoke the leasing permission of any Owner who fails to comply with any provisions of these leasing rules or to otherwise remain in good standing throughout the term of the lease. The Association may require a tenant, by written
n of any Owner who fails to comply with any provisions of these leasing rules or to otherwise remain in good standing throughout the term of the lease. The Association may require a tenant, by written notice to the tenant, to pay rent directly to the Association during any time in which the Owner is delinquent in payment of amounts due the Association. The Association may pursue eviction in all cases where the owner leased a Unit in violation of the Leasing Cap.
The Association may pursue any other remedies, including fining, eviction, and common area use right suspension, and other remedies allowed under these or other Association governing documents or state law. All enforcement costs, including attorney's fees, incurred by the association due to violations of a tenant or a tenant's guest, occupant or invitee may be assessed to the owner's account. Owners are responsible for all violations of their tenants, and their guests and invitees.
Notwithstanding any language to the contrary in the other governing documents of the Association, the minimum fine2 for any violation of this leasing rule involving either violation of the minimum lease term, lease advertising, or Leasing Cap provisions shall be $500/violation. Each day of the violation may be considered a separate violation. For repeat violations of the minimum term provision (leasing on multiple occasions for a period ofless than 180 days), the fines shall escalate in $500 increments, and each day of the violation may be considered a separate violation. The Association's managing agent shall have the authority and absent Board resolution otherwise on a case-by-case basis is directed to implement/levy these fines for violations of this nature and shall provide any notice required for such levy.
the authority and absent Board resolution otherwise on a case-by-case basis is directed to implement/levy these fines for violations of this nature and shall provide any notice required for such levy.
2 This is the minimum fine. The board may in its discretion approve a larger fine on a case-by-case basis.
File Information eFILED IN THE OFFICIAL PUBLIC eRECORDS OF BEXAR COUNTY LUCY ADAME-CLARK, BEXAR COUNTY CLERK Document Number: Recorded Date: Recorded Time: Total Pages: Total Fees: 20240115775 June 26, 2024 4:37 PM 8 $49.00 Any provision herein which restricts the sale or use of the described real property because of race is invalid and unenforceable under Federal law STATE OF TEXAS, COUNTY OF BEXAR I hereby Certify that this instrument was eFILED in File 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: 6/26/2024 4:37 PM x"::07 ~- !'--&,!( Lucy Adame-Clark Bexar County Clerk