HOAproxy ← M3 Ranch Homeowners Association

Document

M3 Ranch Homeowners Association · 5 pages
Open PDF
Pages 1–2

2021 - 45297 11/30/2021 2:21PM Page 1 of 5 After Recording, Please Return To: Judd A. Austin, Esq.

Henry Oddo Austin & Fletcher, P.C.

1700 Pacific Avenue Suite 2700 Dallas, Texas 75201 oN C° STATE OF TEXAS § SAO COUNTY OF JOHNSO, O yo FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR M3 RANCH INTRODUCTORY PROVISIONS WHEREAS, the Declaration of Covenants, Conditions & Restrictions for M3 Ranch was recorded on January 29, 2021, under Instrument No. 2021-3445 in the Official Public Records of Johnson County, Texas ("Declaration") by M3 Ranch Development, Inc, a Texas corporation ("Declarant"); and WHEREAS, the Declaration affect certain tracts or parcels of real property located in Mansfield, Johnson County, Texas, more particularly described on Exhibit A of the Declaration, as amended or supplemented ("Addition"); and os the Declaration, the Declarant, during the WHEREAS, under Article 15, vG Development Period, has th oP to unilaterally amend, correct, supplement, and restate the Declaration for p FIRST AMENDMENT TO DECLARATION , F COVENAI ‘ONDITIONS & RESTRICTION: Page 1 tated in Appendix C; and 2021 - 45297 11/30/2021 2:21PM Page 2 of 5 WHEREAS, the following amendment to the Declaration has been approved by the Declarant.

NOW, THEREFORE, the Declaration is hereby amended by the Declarant and states as follows: oe Article 8, Section 3. 9 Qorron is hereby deleted and amended and shall hereinafter read, in its entj a ows: In connection with every sale, transfer, or conveyance of a home, the seller, expressly including a Builder and excluding the Declarant, or buyer is liable for a one-time contribution to the Association’s reserve funds. A contribution

Pages 2–3

nsfer, or conveyance of a home, the seller, expressly including a Builder and excluding the Declarant, or buyer is liable for a one-time contribution to the Association’s reserve funds. A contribution Shall be made by or on behalf of such buyer at closing in the amount of One Thousand Two Hundred Dollars ($1,200.00 for each Lot purchased. The reserve contribution may not be avoided by effecting the transfer without the services of a title company. This amount is non-refundable and is considered an additional payment, and not a payment in lieu of the annual regular assessment levied on the Lot. It shall not be considered an advance payment of any portion thereof. The contribution Shall be used for covering operating and other expenses incurred by the Association pursuant to the terms of this Declaration and the Bylaws. This Section does apply to the sale of new homes by a Builder to an Owner.

The Board, without further amendment of this Declaration, reserves the right to increase or decrease the amount of the reserve eS tion. The Board has the authority to increase or d the amount by no more than twenty-five (25%) a, eee exceed the then existing annual assessment. a lution must be signed and acknowledged by an offi oard and recorded with the county clerk's office hd the change. In the event of any dispute the application of the reserve contribution to a CS ular Owner, the Board determination regarding FIRST AMENDMENT TO DECLARATION TS NDITIONS TRICTIONS FOR M Page 2 2021 - 45297 11/30/2021 2:21PM Page 3 of 5 application of the exemption will be binding and conclusive without regard to any contrary interpretation of this Section.

The terms and provisions of the Declaration, except as modified herein, are hereby declared

Pages 3–5

the exemption will be binding and conclusive without regard to any contrary interpretation of this Section.

The terms and provisions of the Declaration, except as modified herein, are hereby declared to be in full force and effect with respect to reg Qh. The Addition shall continue to be held, occupied, sold, and conveyed subje th®ferms and conditions of the Declaration, and this First Amendment which shall seve to the Addition and are binding on all parties having any right, title or yyar and to the Addition or any part thereof, including their heirs, representatives, successors, transferees, and assigns, and shall inure to the benefit of each Owner thereof.

IN WITNESS WHEREOF, the Declarant has caused this First Amendment to the Declaration to be filed with the office of the Johnson County Clerk and is made to be effective as ofthe? tay of Nath 204 | [SIGNATURE PAGE TO FOLLOW] FIRST AMENDMENT TO DECLARATION OF COVENAN DITIONS & RESTRICTE Page 3 2021 - 45297 11/30/2021 2:21PM Page 4 of 5 DECLARANT: M3 RANCH DEVELOPMENT, INC. % or co Executive Vice President \O STATE OF TEXAS oi?

COUNTY OF NT : BEFORE ME, the undersigned Notary Public, on this aMaay of Hevrewhn- 204%, personally appeared, Ben Luedtke, Executive Vice President of M3 Ranch Development, Inc., a Texas corporation, known to me to the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and the capacity therein expressed.

[SEAL] #3 ~— My Notary ID #223305 ay Expires January 30, 2025 FIRST AMENDMENT TO DECLARATION F COVENANT: ONS & RESTRICTIONS FOR M3 RANCH Page 4 2021-45297 11/30/2021 2:21 PM Page 5 of 5 Johnson County Becky Ivey Johnson County Clerk Instrument oe) 45297

30, 2025 FIRST AMENDMENT TO DECLARATION F COVENANT: ONS & RESTRICTIONS FOR M3 RANCH Page 4 2021-45297 11/30/2021 2:21 PM Page 5 of 5 Johnson County Becky Ivey Johnson County Clerk Instrument oe) 45297 oN o Ox Property Oe Restrictions oft \G Recorded On: November aye :21 PM Number of Pages: 5 “ Examined and Charged as Follows: " Total Recording: $38.00 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: Record and Return To: Document Number: 45297 oN Corporation Service Company Receipt Number: 20211130000187 Oo Recorded Date/Time: November 30, 2021 aN User: Leslie S te Station: ccl83 STATE OF TEXAS COUNTY OF JOHNSON Thereby 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 Johnson County, Texas.

Becky Ivey S Johnson County Clerk oes ae y a.

Johnson County, TX