WR, 2 FIFTH AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LAKE RIDGE AT JOE POOL LAKE, SECTION 4 - PHASE 1, THE FOUNTAINS OF LAKE RIDGE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS § This FIFTH AMENDMENT TO DECLARATION OF COVENANTS, CONDI by BLUEGREEN SOUTHWEST ONE, L.P., a Delaware limited partnership, d business in the State of Texas, formerly known as PROPERTIES OF 1 successor by assignment to PROPERTIES OF THE SOUTHWEST, INC. (h variously, referred to as the “Developer”). Capitalized terms u: not defined herein have the meaning assigned to them in th WITNESSETH: SECTION 4 - PHASE 1, THE FOUNTAINS OF LAK 00267, Map and Plat Records of Dallas County.
WHEREAS, Developer prepared a e Conditions and Restrictions for Lake e Pool Lake, SECTION 4 - PHASE 1, THE FOUNTAINS OF LAKE RIDGE, datedMajch 8, nd recorded on March 8, 2002 under Dallas County Clerk’s Document No“ me 2002047, Page 00270-00292, in the Official Declaration”); and bn and Restrictions for Section 4 — Phase 1, THE AT JOE POOL LAKE, filed on April 18, 2002, at Volume nder Clerk’s Document #200201795503, Official Real Property éxas; and WHEREAS, Developer prepared and executed that certain Third Amendment to Declaration of Covenants, Conditions and Restrictions for Lake Ridge at Joe Pool Lake, Section Four — Phase 1, THE FOUNTAINS OF LAKE RIDGE, filed on February 24, 2006, under Clerk’s Document #200600196895, Official Real Property Records of Dallas County, Texas; and WHEREAS, Developer prepared and executed that certain Fourth Amendment to Declaration of Covenants, Conditions and Restrictions for Lake Ridge at Joe Pool Lake, Section FIFTH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND
and executed that certain Fourth Amendment to Declaration of Covenants, Conditions and Restrictions for Lake Ridge at Joe Pool Lake, Section FIFTH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE FOUNTAINS OF LAKERIDGE, SECTION 4, PHASE 1- PAGE 1 OF 3 Four — Phase 1, THE FOUNTAINS OF LAKE RIDGE, filed on June 1, 2006, under Clerk’s Document #200600196894, Official Real Property Records of Dallas County, Texas; and WHEREAS, in Section 11.03 of the Declaration the Developer reserved the right at any time and from time to time prior to the Association Control Transfer Date, without the joinder or consent of any Owner or other party, to amend the Declaration by an instrument in writing duly signed, acknowledged and filed for record; and provisions of this Fifth Amendment, which shall apply provisions of the Declaration, as amended hereby. Such used, conveyed, occupied, and mortgaged or otherwise en } of this Fifth Amendment as well as the Declaratio d otheramendments or supplements to the Declaration, all of which shall run with the title to property and shall be binding upon all persons having any right, title, or any interest i perty, their respective heirs, legal representatives, successors, successors-in-titl¢ Wherever a conflict exists between the Declaration and prior amen i a ARTICLE 2 Assessments of Directors Ability to Increase or Decrease Annual Assessments. The at fake Ridge shall be subject to the Annual Assessment for the benefit and use POuntain of Lake Ridge development designated by the Board of Directors only. The initial Annual Assessment may be amended and modified by the Association as needed or required in the future without the need for a vote from the members of The Fountains of Lake
f Directors only. The initial Annual Assessment may be amended and modified by the Association as needed or required in the future without the need for a vote from the members of The Fountains of Lake Ridge development, but in no event may the Annual Assessment specific to The Fountains of Lake Ridge be increased by more than ten percent (10%) per year, and such Annual Assessment may only be increased by ten percent (10%) no more than three (3) consecutive years. After three (3) years, any further increases must be voted on by the entire The Fountains of Lake Ridge development and approved as stated in the Declaration and Bylaws. Any FIFTH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE FOUNTAINS OF LAKERIDGE, SECTION 4, PHASE 1- PAGE 2 OF 8 proposed increase or decrease in the Assessment by the Association of greater than 10% per year shall be voted on pursuant to the Declaration and the Bylaws.
In addition to the foregoing supplementation of the Declaration, the following regarding Special Assessments for The Fountains of Lake Ridge is added to the Declaration in Section 8.06: Special Assessments. In addition to the Maintenance Charge, the Association, unbudgeted expenses or expenses in excess of those budgeted. Any such Special A 6 must be brought to the attention of the members of the Association t documentation describing the unbudgeted expense or expenses in exces expenses and the requirement for such Special Assessment. The Special 4 levied against all lots and may be enforced in the same manner as the Maints ARTICLE 3 Declaration Except as specifically amended hereby, the Deciaratic all amendments thereto and
sment. The Special 4 levied against all lots and may be enforced in the same manner as the Maints ARTICLE 3 Declaration Except as specifically amended hereby, the Deciaratic all amendments thereto and all terms thereof shall remain in full force and effect unléss‘s ally deleted or modified herein.
IN WITNESS WHEREOF, the undersig Amendment to the Declaration the .3 zB (3 ) DECLARANT: BLUEGREEN § P.
A ace LiMfited Partnership REEN SOUTHWEST LAND, INC.
SS laware Corporation, its General Partner STATE OF T § clarant has executed this Fifth LA § at strument was acknowledged before me on the Sl day of August, 2010, by , Vice President of Bluegreen Southwest Land, Inc., a Delaware corporation, the general.paetner of Bluegreen Southwest One, L.P., a Delaware limited partnership, on behalf of said limited partnership.
RL soni STEPHANIE M LIVELY F “= Notary Public, State of Texas 7 oS My Commission Expires Octeber 14, 2010 Notary Public, State of Texas FIFTH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE FOUNTAINS OF LAKERIDGE, SECTION 4, PHASE 1- PAGE 3 OF 3 Filed and Recorded Official Public Records John F. Warren, County Clerk Dallas County, TEXAS 09/01/2010 03:39:56 PM $24.00 201000224249