ELECTRONICALLY RECORDED 2016006778 Williamson County Texas After Recording Return To: Robert D. Burton Winstead, PC 401 Congress Ave., Suite 2100 Austin, Texas 78701 email: [email protected] FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS SOMERVILLE AT WARNER RANCH [WILLIAMSON COUNTY, TEXAS] Declarant: CONTINENTAL HOMES OF TEXAS, L.P., a Texas limited partnership Cross-reference to Declaration of Covenants, Conditions and Restrictions for Somerville at Warner Ranch recorded under Document No. 2014057323, Official Public Records of Williamson County, Texas, as the same may be amended from time to time.
4842-0510-4684v.1 ©52919-1 1/11/2016 FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS SOMERVILLE AT WARNER RANCH This First Amendment to Declaration of Covenants, Conditions and Restrictions (this “Amendment”) is made by CONTINENTAL HOMES OF TEXAS, L.P., a Texas limited partnership (the “Declarant”), and is as follows: RECITALS: A. Declarant previously executed and recorded that certain Declaration of Covenants, Conditions and Restrictions for Somerville at Warner Ranch, recorded as Document No. 2014057323, Official Public Records of Williamson County, Texas, as the same may be amended from time to time (the “Declaration”).
B. Pursuant to Section 9.03 of the Declaration, the Declaration may be amended by Declarant acting alone.
Cc. Declarant now desires to amend the Declaration as set forth hereinbelow.
NOW THEREFORE, Declarant hereby amends and modifies the Declaration as follows: 1. Bylaws. The definition of Bylaws in Article 1 of the Declaration is hereby amended and modified as follows: “Bylaws” means the bylaws of the Association, which may be initially
laration as follows: 1. Bylaws. The definition of Bylaws in Article 1 of the Declaration is hereby amended and modified as follows: “Bylaws” means the bylaws of the Association, which may be initially adopted and Recorded by Declarant or the Board of the Association and Recorded as part of the initial project documentation for the benefit of the Association. The Bylaws may be amended, from time to time, by the Declarant until expiration or termination of the Development Period.
Any amendment to the Bylaws proposed by the Board must be approved in advance and in writing by the Declarant until expiration or termination of the Development Period. Upon expiration of the Development Period, the Bylaws may be amended by a Majority of the Board.
2. Community Manual. The definition of Community Manual in Article 1 of the Declaration is hereby amended and modified as follows: “Community Manual” means the community manual of the Association, which may be initially adopted and Recorded by the Declarant or the Board of the Association and Recorded as part of the initial project documentation for the benefit of the Association and the Property. The SOMERVILLE AT WARNER RANCH FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Pagel 4842-0510-4684v.1 ©52919-1 1/11/2016 entirety and replaced with the following: 4842-0510-4684v.1 052919-1 1/11/2016 Community Manual may include the Bylaws, Rules and Regulations and other policies governing the Association. The Bylaws, Rules and Regulations and other policies set forth in the Community Manual may be amended, from time to time, by the Declarant until expiration or termination of the Development Period. Any amendment to the Bylaws, Rules and Regulations and other policies governing the Association
amended, from time to time, by the Declarant until expiration or termination of the Development Period. Any amendment to the Bylaws, Rules and Regulations and other policies governing the Association prosecuted by the Board must be approved in advance and in writing by the Declarant until expiration or termination of the Development Period.
Upon expiration or termination of the Development Period, the Community Manual may be amended by a Majority of the Board.
3. Solar Energy Device. Section 3.14 of the Declaration is hereby deleted in its 3.14 Solar Energy Device. Solar Energy Devices may be installed with the advance written approval of the ACC in accordance with the procedures set for below: (a) Application. To obtain ACC approval of a Solar Energy Device, the Owner shall provide the ACC with the following information: (i) the proposed installation location of the Solar Energy Device; and (ii) a description of the Solar Energy Device, including the dimensions, manufacturer, and photograph or other accurate depiction (the “Solar Application”). A Solar Application may only be submitted by an Owner. The Solar Application shall be submitted in accordance with the provisions of Article 7 of this Declaration.
(b) | Approval Process. The ACC will review the Solar Application in accordance with the terms and provisions of Article 7 of this Declaration. The ACC will approve a Solar Energy Device if the Solar Application complies with Section 3.14(c) below UNLESS the ACC makes a written determination that placement of the Solar Energy Device, despite compliance with Section 3.14(c), will create a condition that substantially interferes with the use and enjoyment of property within the Property by causing unreasonable discomfort or annoyance
espite compliance with Section 3.14(c), will create a condition that substantially interferes with the use and enjoyment of property within the Property by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities. The ACC’s right to make a written determination in accordance with the foregoing sentence is negated if all Owners of Lots immediately adjacent to the Owner/applicant provide written approval of the proposed placement. Any proposal to install a Solar Energy Device on property owned or maintained by the Association or property owned in common by Members of the Association must be approved in advance and in writing by the Board, and the Board need not adhere to this policy when considering any such request.
SOMERVILLE AT WARNER RANCH FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (c) Approval Conditions. Unless otherwise approved in advance and in writing by the ACC, each Solar Application and each Solar Energy Device to be installed in accordance therewith must comply with the following: (i) The Solar Energy Device must be located on the roof of the residence located on the Owner's Lot, entirely within a fenced area of the Owner's Lot, or entirely within a fenced patio located on the Owner's Lot.
If the Solar Energy Device will be located on the roof of the residence, the ACC may designate the location for placement unless the location proposed by the Owner increases the estimated annual energy production of the Solar Energy Device, as determined by using a publicly available modeling tool provided by the National Renewable Energy Laboratory, by more than 10 percent above the energy production of the Solar Energy Device if installed in the location designated by the ACC. If
odeling tool provided by the National Renewable Energy Laboratory, by more than 10 percent above the energy production of the Solar Energy Device if installed in the location designated by the ACC. If the Owner desires to contest the alternate location proposed by the ACC, the Owner should submit information to the ACC which demonstrates that the Owner’s proposed location meets the foregoing criteria. If the Solar Energy Device will be located in the fenced area of the Owner’s Lot or patio, no portion of the Solar Energy Device may extend above the fence line.
(ii) If the Solar Energy Device is mounted on the roof of the principal residence located on the Owner's Lot, then: (a) the Solar Energy Device may not extend higher than or beyond the roofline; (b) the Solar Energy Device must conform to the slope of the roof and the top edge of the Solar Device must be parallel to the roofline; (c) the frame, support brackets, or visible piping or wiring associated with the Solar Energy Device must be silver, bronze or black.
4. Fines and Damages Assessment. Section 6.12 of the Declaration is hereby deleted in its entirety and replaced with the following: 6.12 Fines and Damages Assessment.
(a) Board Assessment. The Board may assess fines against an Owner for violations of the Restrictions which have been committed by an Owner, a Resident, or the Owner or Residents guests, agents or invitees. Any fine and/or charge for damage levied in accordance with this Section 6.12 will be considered an Individual Assessment pursuant to this Declaration. Each day of violation may be considered a separate violation if the violation continues after written notice to the Owner. The Board may assess damage charges against an Owner
ant to this Declaration. Each day of violation may be considered a separate violation if the violation continues after written notice to the Owner. The Board may assess damage charges against an Owner for pecuniary loss to the Association from property damage or destruction of SOMERVILLE AT WARNER RANCH FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 3 4842-0510-4684v.1 ©52919-1 1/11/2016 Common Area or any facilities located by the Owner, Resident, or their guests, agents, or invitees. The Manager will have authority to send notices to alleged violators, informing them of their violations and asking them to comply with the Rules and/or informing them of potential or probable fines or damage assessments. The Board may from time to time adopt a schedule of fines.
(b) Lien Created. The payment of each fine and/or damage charge levied by the Board against the Owner of a Lot is, together with interest as provided in Section 6.09 hereof and all costs of collection, including attorney's fees as herein provided, secured by the lien granted to the Association pursuant to Section 6.01(b) of this Declaration. Unless otherwise provided in this Section 6.12, the fine and/or damage charge will be considered an Assessment for the purpose of this Article and will be enforced in accordance with the terms and provisions governing the enforcement of assessments pursuant to this Article 6.
5. Miscellaneous. Any capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Declaration. Unless expressly amended by this Amendment, all other terms and provisions of the Declaration remain in full force and effect as written, and are hereby ratified and confirmed.
EXECUTED to be effective on the date this instrument is Recorded.
, all other terms and provisions of the Declaration remain in full force and effect as written, and are hereby ratified and confirmed.
EXECUTED to be effective on the date this instrument is Recorded.
[SIGNATURE PAGE FOLLOWS] SOMERVILLE AT WARNER RANCH FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 4 4842-0510-4684v.1 ©52919-1 1/11/2016 2016006778 Page 6 of 6 DECLARANT: CONTINENTAL HOMES OF TEXAS, L.P., a Texas limited partnership CHTEX of Texas, Inc., a Delaware corporation, its General Partner By: Printed Name: Title: \ THE STATE OF TEXAS § COUNTY OF Williuncor 5 <— This instrument was acknowledged before me this ZO. day of Danue 4 , 2016, corporation, General Partner of Continental Homes of Texas, L.P., a Texas limited partnership, on behalf of said corporation and partnership.
4, % HOM SfACY M. LAINE SP Se ity “@% Notary Public, State of Texas JX 22 Comm. Expires 05-29-2019 oe Notary 1D 12612836-8 ) ° >’ 082, siete, a No, Notary Public Si s = , 2016006778 Electronically Recorded OFFICIAL PUBLIC RECORDS NN tage Rat Nancy E. Rister, County Clerk 1/26/2016 12:09 PM Pages: 6 Fee: $ 41.00 Williamson County Texas SOMERVILLE AT WARNER RANCH FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 5 4842-0510-4684v.1 ©52919-1 1/11/2016