TT TTT PLANNED UNIT DEVELOPMENT FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS STATE OF TEXAS § COUNTY OF BEXAR § WHEREAS, Baker, Hughes and Smith Joint venture, a Texas joint venture, as “Declarant”, has heretofore caused to be recorded a Shavano Oaks Townhomes Planned Unit Development Declaration of Covenants, Conditions and Restrictions, in Volume 2883, Pages 358-387, Official Public Records of Real Property of Bexar County, Texas, as amended in Volume 3227, Pages 12391242 and in Volume 4420, Pages 906-911, Official Public Records of Real Property of Bexar County, Texas, and a Declaration of Restrictive Covenants for Shavano Oaks Unit 1-A, recorded in Volume 4812, Pages 575-579 (“Declaration”), the reference of which is incorporated herein for all purposes, by which it established certain easements, covenants, conditions and restrictions relating to land situated in Bexar County, Texas known as Shavano Oaks Townhomes Planned Unit Development (“Subdivision”), and more particularly described in Exhibit “A”, attached thereto and fully incorporated therein; and WHEREAS, Shavano Oaks Townhomes Association, Inc. caused to be recorded an Amended and Restated Declaration of Covenants, Conditions and Restrictions, in Volume 6561, Page 246, Official Public Records of Bexar County, Texas (“Restated Declaration”); and WHEREAS, the Owners of at least sixty-seven percent (67%) of the votes in the Shavano Oaks Townhomes Association, Inc. (“Association”) are desirous of amending the Restated Declaration in certain respects, as permitted by Article XI, Section 11.1(d) of the Restated GG91@ Od ELS8G OA Declaration; NOW, THEREFORE, the following amendments are made:
of amending the Restated Declaration in certain respects, as permitted by Article XI, Section 11.1(d) of the Restated GG91@ Od ELS8G OA Declaration; NOW, THEREFORE, the following amendments are made: Article VI, Section 6.9 of the Restated Declaration is amended as follows: Section 6.9 Animals and Poultry: No animals or poultry shall be kept within the Subdivision except for ordinary household pets (not to exceed two [2]) belonging to the Owner or Owners; provided, however, that such pets shall be kept within the confines of the Owner's Lot, and shall not be kept or used for commercial purposes.
No pet enclosures shall be erected, placed or permitted to remain on any portion of the Common Area, nor shall pets be tied to any structure outside the residence located on a Lot. The keeping of pets and their ingress and egress upon the Common Area shall be subject to the Rules and Regulations. Pets shall be.on a leash at all times when outside the residence located on the Owner’s Lot. No pet shall be allowed to urinate or defecate on any portion of the Common Area, and the Owner of the pet shall immediately remove feces left upon the Common Area or private yard by his or her pet.
Any pet which endangers the health or safety of any owner or occupant of a Lot or which creates a nuisance or an unreasonable noise or disturbance or is not a common household pet, as may be determined by the Board, must be permanently removed from the Subdivision upon seven (7) days’ written notice by the Board of Directors.
Article VI, Section 6.17 of the Restated Declaration is amended as follows: Section 6.17 Vehicles: No trailer, mobile home, boat, motor home, commercial vehicle, recreational vehicle, or stripped down, wrecked, junked, or wholly inoperable vehicle shall be kept,
d as follows: Section 6.17 Vehicles: No trailer, mobile home, boat, motor home, commercial vehicle, recreational vehicle, or stripped down, wrecked, junked, or wholly inoperable vehicle shall be kept, parked, stored, or maintained on any portion of the front yard ofa Lot, nor in the driveways, streets Page 2 69919 €LS8m orin the Common Area. No repair work, dismantling or assembling of motor vehicles or any other machinery or equipment shall be permitted in any street, driveway or yard adjacent to a street, or in the Common Area. For the purposes of loading and unloading, boats, motor homes, recreational vehicles, or trailers may be parked up to forty-eight (48) consecutive hours, provided they do not obstruct access to driveways, streets or the Common Area.
The first paragraph of Article IX, of the Restated Declaration is deleted and replaced by the following: In addition to maintenance upon the Common Area, the Association shall provide exterior maintenance upon each Lot which is subject to assessment hereunder, as follows: repair, replacement and care of roofs; painting of gutters and downspouts; exterior building surfaces (including garage doors); and maintenance of trees, shrubs, grass, landscaping, walks, fences and other exterior improvements, including sprinkler systems and decorator or retaining walls. Such exterior maintenance shall not include replacement of gutters and downspouts and glass surfaces, exterior doors (except garage doors), Owner added improvements, or areas within fenced patio or courtyard areas, if any.
The first paragraph of Article X, Section 10.1 of the Restated Declaration is amended as follows: Section 10.1 Fire, Hazard and Casualty Insurance: The Board of Directors of the
urtyard areas, if any.
The first paragraph of Article X, Section 10.1 of the Restated Declaration is amended as follows: Section 10.1 Fire, Hazard and Casualty Insurance: The Board of Directors of the Association, or its duly authorized agent, shall on behalf of each multifamily Lot Owner (townhome or duplex), obtain on an annual basis a blanket fire, hazard and casualty insurance policy which meets FNMA guidelines for such Owner's Lot and dwelling thereon against loss or damage by fire or other casualties or hazards in an amount sufficient to cover the full replacement cost of any repair or Page 3 O0991% €LS8 1h reconstruction work in the event of damage or destruction from any hazard. (Note: The Board of Directors shall determme the amount of the deductibles to be applied bearing in mind the responsibility of the Owners to pay the deductible amount in the event the necessity arises.) All such insurance coverage, if obtained, shall be written in the name of the Association as Trustee for the Owners. One-half (1/2) of the premiums for insurance obtained by the Board of Directors on individual Lots and the attached common wall townhome or duplex dwellings thereon, shall be part of the common expense and the remaining one-half (1/2) shall be an expense of the specified Lots covered and a debt owed by the Owner thereof. Each Owner shall pay, as his allocable share of the premium for the annual blanket insurance policy coverage, if obtained, an amount equal to the number of Lots owned by the Owner divided by the total number of Lots covered, and the Association shall have a lien therefore in the same manner as assessment liens as set up in Article IV. If said debt is not paid within thirty (30) days after notice of such debt, such debt shall, upon resolution of the
ave a lien therefore in the same manner as assessment liens as set up in Article IV. If said debt is not paid within thirty (30) days after notice of such debt, such debt shall, upon resolution of the Board of Directors, be subject to a monthly late charge, to be determined by the Board, per month for each month in arrears from the due date until paid. The Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property; and interest, costs, and reasonable attorney's fees of any such action will be added to the amount of such debt. This lien shall be subordinate to the lien of any purchase money and/or improvement mortgages. In the event of damage or destruction by fire or other casualty or hazard to any property covered by insurance written in the name of the Association, the Board of Directors shail, with concurrence of any mortgagee, if any, upon receipt of the insurance proceeds, contract to rebuild or repair such damaged or destroyed portions of the property to the same condition as formerly existing.
All such insurance proceeds shall be deposited in a bank or other institution, the accounts of which Page 4 1991 €LS8m Bank or other institution are insured by a federal governmental agency, with the provision agreed to by said Bank or institution that such funds may be withdrawn only by signature of at least one-third (1/3) of the members of the Board of Directors, or by an agent duly authorized by the Board of Directors for such purpose. The Board of Directors may advertise for sealed bids with any licensed contractors, and then may negotiate with any contractor, who shall be required to provide a full
d of Directors for such purpose. The Board of Directors may advertise for sealed bids with any licensed contractors, and then may negotiate with any contractor, who shall be required to provide a full performance and payment bond for the repair, reconstruction or rebuilding of such destroyed building or buildings. In the event the insurance proceeds are insufficient to pay all the costs of repairing and/or rebuilding to the same condition as formerly existing, the Board of Directors shall levy a special assessment against all Owners of the damaged dwellings in such proportions as the Board of Directors deems fair and equitable in view of the damage sustained by such dwellings to make up any deficiency; provided, however, that a special assessment shall be levied against all Owners to make up any deficiency for repairing or rebuilding of the Common Area which is not a physical part of any Lot. In the event, that such insurance proceeds exceed the cost of repair and reconstruction, such excess shall be paid over to the respective mortgagees and Owners of the damaged dwellings in such proportions as the Board of Directors deems fair and equitable in the light of the damage sustained by such dwellings.
EXCEPT AS HEREBY MODIFIED OR AMENDED, the remaining provisions of the Declaration and duly recorded amendments thereto consistent with the terms hereto are RATIFIED and AFFIRMED for all purposes.
WE, THE UNDERSIGNED President and Secretary of Shavano Oaks Townhomes Association, Inc. hereby certify that the foregoing First Amendment Restated Declaration of Covenants, Conditions and Restrictions has been agreed and approved by the consent ofat least sixtyPage 5 299% €LS8 Th seven percent (67%) of the votes in the Association, in person or by proxy, as provided by Article
ns and Restrictions has been agreed and approved by the consent ofat least sixtyPage 5 299% €LS8 Th seven percent (67%) of the votes in the Association, in person or by proxy, as provided by Article XI, Section 11.1 9 (d) of the Restated Declaration.
on Evy VICE P RES OEMT STATE OF TEXAS § COUNTY OF BEXAR § 2 This ins ent was acknowledged before me on the 207 tay of June, 2000, by President of Shavano = Townhomes Association, Inc., a Texas Non-profit Corporation, on behalf of the corporation. 1 STATE OF TEXAS § Notary Public : State of Texas » COUNTY OF BEXAR § My Comm. Exp. 2-10-2003 > This ins ent was acknowledged before me on the Mi day of June 2000, by f lg NM wa , Secretary of Shavano Oak: Townhomes. Association, Inc., a Texas Non-profit Corporation, on behalf of the corporation jf) = 4, Wale ay irae peetingyiatenty im VIC ORIA CARRINGTON 2 Notary Public = rae, . State of Texas After recording, please return to: ; weer Soeur eg ons eeCEEeeEEREe My Comm. Exp. 2-10-2003 BARTON & SCHNEIDER, L.L.P.
One Riverwalk Place 700 N. St. Mary’s Street, Ste. 1825 San Antonio, Texas 78205 €99io ELSB VOL 8573 PG 1664 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 FILED in File Number Sequence on the date and at the time stamped hereon by me and was duly RECORDED in the Official Public Rece of Real Property of Bexar County, Texas on COUNTY BEXAR CLERY COUNTY SEP 19 2000 Alny Senny Packhoff COUNTY CLERK BEXAR COUNTY, TEXAS Elied for Record in: BEXAR COUNTY, TX BERRY RICKHOFF, COUNTY CLERK On Sep 18 200 At 2:28pm Receipt #: Recording: Doc/Mget: 369774 13.00 6.00 Doc/Nus : 2000- 0160034 Deputy -Deborah Greiner