D225100144 06/03/2025 02:18 PM Page: 1 of 7 Fee: $44.00 Electronically Recorded by Tarrant County Clerk in Official Public Records Submitter: Decker Jones McMackin McClane Hall Bates Nicholson MARY LOUISE NICHOLSON COUNTY CLERK AMENDMENT TO THE FIRST AMENDED AND RESTATED DECLARATION AND MASTER DEED FOR WATERMERE AT SOUTHLAKE CONDOMINIUMS STATE OF TEXAS COUNTY OF TARRANT cos cas cos This Amendment (the “Amendment”) to the “First Amended And Restated Declaration And Master Deed For Watermere At Southlake Condominiums" is made to be effective as of the Effective Date (as hereafter defined). Capitalized terms used but not defined herein shall have the same meaning as in the Declaration, defined below.
RECITALS WHEREAS, the "First Amended And Restated Declaration And Master Deed For Watermere At Southlake Condominiums” was recorded in the Official Public Records of Tarrant County, Texas on June 6, 2022 as Document Number D222144410 (the “Declaration”); and WHEREAS, the Declaration governs the Watermere at Southlake Condominiums located in Southlake, Tarrant County, Texas (the "Property”); and WHEREAS, the Declaration provides that every Owner of a Unit on the Property shall be a Member of the Watermere at Southlake Condominium Association, Inc. (the "Association"); and WHEREAS, pursuant to Section 14.06(c) of the Declaration, the Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of Owners representing at least sixty-seven percent (67%) of the total votes in the Association; and WHEREAS, Section 14.06(c) of the Declaration provides that "No meeting to consider or adopt an amendment to this Declaration, the Bylaws or any rules of the Association shall be held
Association; and WHEREAS, Section 14.06(c) of the Declaration provides that "No meeting to consider or adopt an amendment to this Declaration, the Bylaws or any rules of the Association shall be held unless such Owner has been provided a document showing the specific amendment to be considered after the twentieth (20th) day but before the tenth (10th) day preceding the date of the meeting;" and WHEREAS, the Association has complied with the notice requirement of Section 14.06(c) of the Declaration and Owners representing at least sixty-seven percent (67%) of the total votes in the Association have affirmatively voted to amend the Declaration as set forth herein; and NOW, THEREFORE, the Association and its Members hereby amend the Declaration as follows, and the Property hereinafter shall be held, transferred, sold, conveyed, mortgaged, occupied, and enjoyed, subject to the following amendment to the Declaration as if set forth at length therein: Amendment To The First Amended And Restated Declaration And Master Deed For Watermere At Southlake Condominiums Page 1 D225100144 ARTICLE I DEFINITIONS Section 1.54 is deleted in its entirety and replaced with the following: 1.54 Unit: An enclosed space described on the Unit Plans consisting of one (1) or more rooms or living areas occupying all or part of a floor in a Building, together with the undivided interest in the Common Elements assigned to such Unit by this Declaration. A Unit shall include both Villa Units and Tower Units. A Unit's boundaries shall include: (a) the interior surface of the wall studs that are the vertical framing of the walls; (b) the lower interior unfinished surface of the ceiling joists; (c) the upper unfinished surface of the concrete slab sub-floor or, for non-ground floor Tower
t are the vertical framing of the walls; (b) the lower interior unfinished surface of the ceiling joists; (c) the upper unfinished surface of the concrete slab sub-floor or, for non-ground floor Tower Units, the upper unfinished surface of the floor joists or other sub-flooring; and (d) the exterior surface (including all glass or glass substitutes) of the windows and doors set in perimeter walls and the connected door units, including the threshold.
Article VI is deleted in its entirety and replaced with the following: ARTICLE VI INSURANCE 6.01 General Requirements. Owner are advised to obtain and maintain direct physical loss insurance for the contents and improvement inside of the boundaries of the Owner's Unit as defined in Section 1.54 of the Declaration. The Association shall obtain and maintain at all times, as a Common Expense, commercial general liability insurance and direct physical loss insurance as follows.
(a) Commercial General Liability Insurance.
The Association shall obtain and maintain at all times, as a Common Expense, commercial general liability insurance, including medical payments insurance in an amount determined by the Board covering all occurrences commonly insured against for death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the Common Elements.
(b) Property Loss Insurance.
The Association shall at all times and as a Common Expense obtain and maintain property loss insurance on the Common Elements insuring against all risks of direct physical loss commonly insured against, including fire and extended coverage, in a total amount of at least eighty percent (80%) of the replacement cost or actual cash value of the Common
ks of direct physical loss commonly insured against, including fire and extended coverage, in a total amount of at least eighty percent (80%) of the replacement cost or actual cash value of the Common Elements as of the effective date and at each renewal date of the policy. This insurance shall include the Units as defined in Section 1.54 of the Declaration, but not the improvements and betterments. The Association's property loss insurance may provide for commercially reasonable deductibles as the Board determines appropriate or necessary; Amendment To The First Amended And Restated Declaration And Master Deed For Watermere At Southlake Condominiums Page 2 Page 2 of 7 D225100144 provided, however, this Section 6.01(b) shall not affect the right of a holder of a mortgage on a Unit to require a Unit Owner to acquire insurance in addition to that provided by the Association. A claim for any loss covered by the Association's policy under Section 6.01(b) must be submitted by and adjusted with the Association. The insurance proceeds for that loss shall be payable to the Association to act as the insurance trustee, and not to any Unit Owner or lienholder. The Association, as insurance trustee, shall hold insurance proceeds in trust for the Unit Owners and their lienholders as their interests may appear, and the proceeds paid under a policy must be disbursed first for the repair or restoration of the damaged Common Elements and the Units, and the Unit Owners and their lienholders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired or restored, or the Condominium is terminated. Any portion of the Condominium for which the Association's
proceeds unless there is a surplus of proceeds after the property has been completely repaired or restored, or the Condominium is terminated. Any portion of the Condominium for which the Association's insurance is required that is damaged or destroyed shall be promptly repaired or replaced by the Association except as provided in Section 7.06 (Decision Not to Rebuild).
(c) Other Insurance.
The Association may carry any other insurance the Board considers appropriate to protect the Condominium, the Association, or the Unit Owners. Any Owner who obtains an individual insurance policy covering any portion of a Unit and/or the Common Elements shall file a copy of a certificate of such individual policy or policies with the Board within thirty (30) days after the purchase of such insurance. Such Owner shall also promptly notify the Board in writing in the event such policy is canceled.
(d) Insurance Underwriting.
All policies of insurance shall be written with a company licensed to do business in the State of Texas with an A.M. Best's rating of A-VII or better, or the most nearly equivalent rating which is reasonably available. The company shall provide insurance certificates to each Owner and each Mortgagee upon request. Each insurance policy carried pursuant to the Section 6.01(a) or (b) shall provide: (a) each Unit Owner is an insured person under the policy with respect to liability arising out of the person's ownership of an undivided interest in the Common Elements or membership in the Association, (b) the insurer waives it rights to subrogation under the policy against a Unit Owner, (c) no action or omission of a Unit Owner, unless within the scope of the Unit Owner's authority on behalf of the Association,
er waives it rights to subrogation under the policy against a Unit Owner, (c) no action or omission of a Unit Owner, unless within the scope of the Unit Owner's authority on behalf of the Association, will void the policy or be a condition to recovery under the policy, and (d) if and only if, at the time of a loss under the policy, there is other insurance in the name of the Unit Owner covering the same property covered by the Unit Owner's policy, the Association's policy provides primary insurance. However, it is the intent of the Association and the Members that their policies shall not cover the same property with each Owner insuring the airspace and contents within the Owner's Unit pursuant to the boundaries as defined in Section 1.54 and the Association insuring the Common Elements and the area outside of the boundaries of the Units.
Amendment To The First Amended And Restated Declaration And Master Deed For Watermere At Southlake Condominiums Page 3 Page 3 of 7 D225100144 6.02 Insurance Deductible.
a. If the cost to repair damage to a single Unit (i) is covered by the Association's insurance and (ii) is less than the amount of the Association's applicable insurance deductible, the Owner shall be responsible for the deductible if the Owner is responsible for maintaining, repairing, or replacing the damaged portion of the Unit pursuant to Section 12.02 of the Declaration; otherwise, the Association is responsible for the repair and the deductible.
b. If the cost to repair damage to the Common Elements (i) is covered by the Association's insurance and (ii) is less than the amount of the Association's applicable insurance deductible, the Association shall be responsible for the repair and the deductible if the
ered by the Association's insurance and (ii) is less than the amount of the Association's applicable insurance deductible, the Association shall be responsible for the repair and the deductible if the Association is responsible for maintaining, repairing, or replacing the damaged portion of the Common Elements pursuant to Section 12.01 of the Declaration.
6.03 Owner's Insurance. Every Owner shall be obligated to obtain and maintain at all times a standard Texas insurance policy for betterments, improvements, and personal property covering the area within the boundaries of his or her Unit, which will not be insured by policies maintained by the Association, and shall furnish a copy of a certificate of such insurance policy or policies to the Association. Every Owner shall also be obligated to obtain and maintain liability insurance in the amount of at least $500,000.00, or such other amount as resolved by the Board, for each occurrence covering liability for damage to persons or property of others located within the Unit, within another Unit, the Common Elements, or in any portion of the Property. Each Owner shall furnish a copy of such insurance policy or policies to the Association within ten (10) days of the Association's written request for same. Authority to adjust losses under policies obtained by an Owner shall be vested in the Owner. In the event that any such Owner fails to obtain insurance as required by this Section 6.03, the Association may purchase such insurance on behalf of the Owner and assess the cost to the Owner as an Individual Assessment pursuant to Section 5.03(c).
Article VII is deleted in its entirety and replaced with the following: ARTICLE VII DAMAGE AND DESTRUCTION
ner and assess the cost to the Owner as an Individual Assessment pursuant to Section 5.03(c).
Article VII is deleted in its entirety and replaced with the following: ARTICLE VII DAMAGE AND DESTRUCTION 7.01 The Role of the Board of Directors. Except as provided in Section 7.06, in the event of damage to or destruction of all or any part of a Unit, the Common Elements or other property and covered by insurance written in the name of the Association under Article VI, the Board shall arrange for and supervise the prompt repair and restoration of the damaged areas of the Condominium which are covered by insurance obtained by the Association. Notwithstanding the foregoing, each Owner shall have the right to supervise the redecorating of his or her Unit.
7.02 Estimate of Damage or Destruction. As soon as practicable after an event causing damage to or destruction of any part of the Condominium and covered by insurance obtained by the Association, unless such damage or destruction shall be minor, the Board shall obtain an estimate or estimates that it deems reliable and complete of the costs of repair and reconstruction of that part of the Condominium so damaged or destroyed. "Repair and reconstruction" as used in Amendment To The First Amended And Restated Declaration And Master Deed For Watermere At Southlake Condominiums Page 4 Page 4 of 7 D225100144 this Article shall mean restoring the damaged or destroyed part of the Condominium to substantially the same condition in which it existed immediately prior to the damage or destruction, with each Unit and the Common Elements having substantially the same vertical and horizontal boundaries as before.
7.03 Repair and Reconstruction. Subject to the provisions of Section 7.06 below, as
, with each Unit and the Common Elements having substantially the same vertical and horizontal boundaries as before.
7.03 Repair and Reconstruction. Subject to the provisions of Section 7.06 below, as soon as practical after the damage covered by insurance obtained by the Association occurs and any required estimates have been obtained, the Association shall diligently pursue to completion the repair and reconstruction of that part of the Condominium so damaged or destroyed. As attorney-in-fact for the Owners, the Association may take any and all necessary or appropriate action to effect repair and reconstruction, and no consent or other action by any Owner shall be necessary. Assessments of the Association shall not be abated during the period of insurance adjustments and repair and reconstruction.
7.04 Funds for Repair and Reconstruction. Subject to the provisions of Section 7.06 below, the proceeds received by the Association from any hazard insurance carried by the Association shall be used for the purpose of repair and reconstruction. If the proceeds of the Association's insurance are insufficient to pay the estimated or actual cost of such repair and reconstruction, the Association may, without the necessity of Owner approval, levy, assess and collect in advance from the Owners, a Special Assessment sufficient to provide funds to pay such estimated or actual costs of repair and reconstruction in excess of insurance proceeds. The cost of repair and reconstruction in excess of insurance proceeds, reserves and any Special Assessment payments shall be a Common Expense.
7.05 Disbursement of Funds for Repair and Reconstruction. The insurance proceeds held by the Association and the amounts received from the Special Assessments provided for
s shall be a Common Expense.
7.05 Disbursement of Funds for Repair and Reconstruction. The insurance proceeds held by the Association and the amounts received from the Special Assessments provided for above constitute a fund for the payment of the costs of repair and reconstruction after casualty.
Such fund shall be applied by the Association, as attorney-in-fact for such reconstruction, and, subject to the provisions of Section 7.06 below, the improvements shall be promptly repaired and reconstructed. The Association shall have full authority, right and power, as attorney-in-fact, to cause the repair and restoration of the improvements. It shall be deemed that the first money disbursed in payment for the costs of repair and reconstruction shall be made from insurance proceeds and the balance from the Special Assessments, if any. If there is a balance remaining after payment of all costs of such repair and reconstruction, such balance shall be distributed to the Owners in proportion to the contributions each Owner made as a Special Assessment, or if no Special Assessments were made, then in proportion to their Percentage Interest in the Common Elements, first to the Mortgagees and then to the Owners, as their interests appear.
7.06 Decision Not to Rebuild. Any portion of the Condominium for which insurance is required pursuant to the provisions of this Declaration or the Condominium Act which is damaged or destroyed must be repaired or replaced promptly by the Association unless: (i) the Condominium is terminated pursuant to Article VIII below and the Condominium Act; Amendment To The First Amended And Restated Declaration And Master Deed For Watermere At Southlake Condominiums Page 5 Page 5 of 7 D225100144 (ii) (iii)
to Article VIII below and the Condominium Act; Amendment To The First Amended And Restated Declaration And Master Deed For Watermere At Southlake Condominiums Page 5 Page 5 of 7 D225100144 (ii) (iii) repair or replacement would be illegal under any state or local statute or ordinance governing health or safety; Owners representing at least eighty percent (80%) of the total votes in the Association (including the vote of every Owner of a Unit or assigned Limited Common Elements that will not be rebuilt), and at least fifty-one percent (51 %) of the total First Mortgages held by Eligible Mortgage Holders (based on one vote for each Mortgage owned), vote not to repair and reconstruct the Condominium.
A vote not to rebuild does not increase an insurer's liability to loss payment obligation under a policy, and the vote shall not be deemed to be a presumption of a total loss. If the entire Condominium is not repaired or replaced, the insurance proceeds attributable to the damaged Common Elements must be used to restore the damaged area to a condition compatible with the remainder of the Condominium. Insurance proceeds attributable to Units and Limited Common Elements that are not rebuilt must be distributed to the Owners of those Units and the Owners of the Units to which those Limited Common Elements were allocated, or to Mortgagees, as their interest may appear, and the remainder of the proceeds must be distributed to all the Owners or Mortgagees, as their interests may appear, in proportion to their Percentage Interest in the Common Elements.
Notwithstanding the foregoing, in the event the Condominium is terminated in accordance with Article VIII of this Declaration, any insurance proceeds shall be
rcentage Interest in the Common Elements.
Notwithstanding the foregoing, in the event the Condominium is terminated in accordance with Article VIII of this Declaration, any insurance proceeds shall be distributed in accordance with the provisions of Article VIII and the Condominium Act.
If a decision is made not to rebuild any Unit, that Unit's Percentage Interest shall be automatically reallocated as if the Unit had been condemned, and the Association shall prepare, execute, and record an amendment to this Declaration reflecting the reallocation.
7.07 Repairs. All repairs and reconstruction contemplated by this Article VII shall be performed substantially in accordance with this Declaration and the Unit Plans, unless other action is approved by the Association in accordance with the requirements of this Declaration and the other Condominium Instruments.
7.08 Notice of Damage or Destruction to First Mortgagees. In the event that any portion of the Condominium encompassing more than one (1) Unit is substantially damaged or destroyed by fire or other casualty, then written notice of the damage or destruction shall be given by the Association to each Owner and First Mortgagee of the affected Units within a reasonable time following the event of casualty damage.
(remainder of page intentionally left blank) Amendment To The First Amended And Restated Declaration And Master Deed For Watermere At Southlake Condominiums Page 6 Page 6 of 7 D225100144 The Association and the Members acknowledge and agree that the Association, the Members, and Property are hereby bound by this Amendment, and the Property hereinafter shall be held, transferred, sold, conveyed, mortgaged, occupied, and enjoyed, subject to the following
ation, the Members, and Property are hereby bound by this Amendment, and the Property hereinafter shall be held, transferred, sold, conveyed, mortgaged, occupied, and enjoyed, subject to the following Amendment to the Declaration as if set forth at length therein, and except as specifically set forth herein, the Declaration is unchanged and shall remain in full force and effect and shall govern the Watermere at Southlake Condominiums and the Association.
IN WITNESS WHEREOF, the Association has caused the foregoing to be executed to be effective as of the date of filing in the Official Public Records, Tarrant County, Texas ("Effective Date”).
"I, the undersigned, being the President of the Watermere at Southlake Condominium Association, Inc., hereby certifies that the Members of the Watermere at Southlake Condominium Association, Inc., has adopted this Amendment to the First Amended And Restated Declaration And Master Deed For Watermere At Southlake Condominiums at a properly called meeting of the Members."
Watermere at Southlake Condominium Association, Inc., a Texas nonprofit corporation, Duight Custis, President Dwight Custis, President STATE OF TEXAS COUNTY OF TARRANT ) ) This instrument was acknowledged before me on May 30th, 2025, by Dwight Custis, President of the Watermere at Southlake Condominium Association, Inc., a Texas nonprofit corporation, on behalf of said nonprofit corporation.
Danielle DeBaca Notary Public, State of Texas DANIELLE DEBACA My Notary ID # 129029898 Expires June 21, 2028 Amendment To The First Amended And Restated Declaration And Master Deed For Watermere At Southlake Condominiums Page 7 Page 7 of 7