Amendment to Declaration
AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR LAKES OF RIVER TRAILS ADDITION
This Amendment (“Amendment”) to Declaration of Covenants, Conditions and Restrictions for Lakes of River Trails Addition is made on the date hereinafter set forth by Riverbend Investment, Ltd., a Texas limited liability company (“Declarant”).
I.
RECITALS
1.01 Declarant made a Declaration of Covenants, Conditions and Restrictions recorded in the real property records of Tarrant County, Texas, on July 27, 2000, under Instrument No. D200164743, as supplemented and amended by those Assignment, Consent, and Supplementary Declaration of Covenants, Conditions and Restrictions for Lakes of River Trails described on Exhibit “A” attached hereto and made a part hereof (collectively, the “Declaration”).
1.02 The Declaration affects that certain real property located in Tarrant County, Texas, as described on Exhibit “B” attached hereto and made a part hereof.
1.03 Declarant desires to amend the Declaration as set forth herein.
1.04 Unless otherwise defined in this Amendment or the context otherwise requires, each term used in this Amendment with its initial letter capitalized which has been specifically defined in the Declaration shall have the same meaning in this Amendment as given to the terms in the Declaration.
1.05 Declarant hereby declares that the Property shall be held, sold and conveyed subject to the restrictions, covenants, and conditions declared below, which shall be deemed to be covenants running with the land imposed upon and intended to benefit and burden each Lot and other portions of the Property in order to maintain within the Property a single-family community of high standards. Such covenants shall be binding on all parties having any right, title or interest therein or any part thereof, and their respective heirs, personal representatives, successors, and assigns, and shall inure to the benefit of each Owner thereof.
II.
AMENDMENT
2.01 Article I, Section 3(a), Additional Property Subject to Declaration, is hereby deleted in its entirety and replaced with the following:
“(a) If Declarant or any other person, firm or corporation is the owner of any property which he desires to add to the scheme of this Declaration, he may do so by filing of record a Supplementary Declaration, which shall extend the scheme of the covenants and of this Declaration to such property, PROVIDED HOWEVER, that such covenants and restrictions as applied to the property which is so added may be altered or modified by said Supplementary Declaration, and PROVIDED FURTHER, if property is added to the scheme of this Declaration by any person, firm, or corporation other than Declarant or Declarant’s designee, the Association, acting through its board of Directors, must give prior written consent thereto. Property may be added to the scheme of this Declaration regardless of whether or not such property or properties are contiguous to the Property. Each Supplementary Declaration shall include a geographical description of the property added and shall designate said area with the term “Area” followed by a Roman numeral so as to differentiate each respective area from other areas within the Property. In addition, if property is to be added to the scheme of this Declaration, the conditions of Article X, Section 6(a), must be satisfied.”
2.02 Article II, Section 3(a), Assessments, is hereby deleted in its entirety and replaced with the following:
“Section 3. Assessments.
SEQ CHAPTER \h \r 1 (a) Units Owned by Class A Members. Subject to the terms of this Article, each Lot is hereby subject to an initial maximum maintenance charge to be determined by the Declarant so long as Declarant has Class B membership status under Section 5(b) of this Declaration, and thereafter to be determined by the Board of Directors for the applicable Subarea, for the purpose of creating a fund to promote the recreation, health, safety and welfare of the Owners of the Lots, to provide for the maintenance, improvement, and repair of the Common Maintenance Areas, such fund to be designated and known as the “maintenance fund,” which maintenance charge and assessment will be paid by the Owner or Owners of each Lot in advance in monthly, quarterly, or annual installments, commencing as to all Lots on which a completed Unit is then located on the conveyance of the first Lot to a Class A Member and as to all other Lots as of the completion of the Unit thereon. The rate at which each Lot will be assessed, and whether such assessment shall be payable monthly, quarterly, or annually, will be determined by the Board of Directors of the Association at least thirty (30) days in advance of each affected assessment period. Said rate for each of the Subareas of the Property may be adjusted from time to time by that Subarea’s Board of Directors as the needs of the Association may, in the judgment of the Directors, require. Except as otherwise determined by the Board of Directors and as provided in Subsection (b) of this Section 3, the assessment for each Lot within each Subarea shall be uniform except as the judgment of the Directors, require. The assessment for each Lot shall be uniform except as provided in Subsection (b) of this Section 3. The Association shall, upon written demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether or not the assessment has been paid for the assessment period. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance.”
2.03 Article II, Section 6, Subsection (b), Voting Rights of Class B member, is hereby deleted in its entirety and replaced with the following:
“(b) Class B. The Class B member shall be the Declarant who shall be entitled to three (3) votes for each unoccupied Lot owned by it. The Class B membership shall cease and be converted to Class A membership only as to a specific Subarea one hundred twenty (120) days after the conveyance of the Lot which causes the total votes outstanding in the Class A membership in the applicable Subarea to equal the total votes outstanding in the Class B membership in the applicable Subarea, or ten (10) years after conveyance of the first Lot by Declarant in a specific Subarea, whichever occurs earlier. It is expressly provided that the Class B membership of the Declarant shall continue with respect to each individual Subarea until such Subarea meets the requirements of the Section 6(b).
2.04 Article II, Section 7, Notice and Quorum, is hereby deleted in its entirety and replaced with the following:
“Section 7. Notice and Quorum. Written notice of any meeting called for the purpose of taking any action authorized herein shall be sent to all members, or delivered to their residences, not less than ten (10) days nor more than thirty (30) days in advance of the meeting. At any such meeting called, the members present and the proxies of voting representatives entitled to vote at such meeting shall constitute a quorum.”
2.05 Article IV, Section 1, Association to Hold, is hereby deleted in its entirety and replaced with the following:
“Section 1. Association to Maintain Common Areas. The Association shall assume all maintenance obligations with respect to any Common Areas which are now and which may be hereafter established. Nothing contained herein shall create an obligation on the part of the Declarant to establish any Common Area; provided, however, that any and all Common Areas not previously conveyed by the Declarant as of the effective date of this Amendment are owned solely by Declarant, and Declarant has all rights and interests of ownership in and to such Common Areas.”
2.06 Article VII, Section 1(c), Owner’s Easement of Enjoyment, is hereby deleted in its entirety and replaced with the following:
“(c) The rights of the Association, subject to the provisions hereof, (i) to mortgage or hypothecate the Common Areas that the Association owns, and (ii) to dedicate or transfer all or any part of the Common Areas that the Association owns to any public or governmental entity, authority, or utility (including, without limitation, a Public Improvement District) for such purposes and subject to the conditions as may be agreed by the Association. No such mortgage, hypothecation, dedication or transfer shall be effective unless an instrument signed by Owners entitled to cast not less than two-thirds (2/3) of the votes of each class of membership has been recorded agreeing to such mortgage, hypothecation, dedication or transfer;”
2.07 Article XIII, Section 5, Fences, is hereby deleted in its entirety and replaced with the following:
“Section 5. Fences. All fences shall be of masonry, wood, brick, or wrought iron, or combinations thereof. There shall be no wire or chain link fences. No fence on any Lot shall extend toward the front property line past the front building line of such Lot, or of any adjoining Lot, without the prior written approval of the Architectural Control Committee. All fences shall be maintained in an attractive manner. No fence on any Lot shall exceed six (6) feet in height, unless otherwise approved by the Architectural Control Committee. Fences may be stained or painted a natural or earth tone color in order to preserve the continuity of the fence color with fences located on neighboring Lots. Fences shall not be stained any color other than a natural or earth tone color without the prior written approval of the Architectural Control Committee. If approval in advance of painting is not obtained from the Architectural Control Committee, then the Architectural Control Committee may, in its discretion, require that the area painted be returned to the original paint or stain color.”
2.08 Article XIII, Section 19 is hereby added to the following areas: Lakes of River Trails Addition, as described in the Declaration of Covenants, Conditions, and Restrictions recorded in Clerk’s File No. D200164743, Deed Records, Tarrant County, Texas (“DRTCT”); and Lakes of River Trails Area II, as described in the Supplementary Declaration of Covenants, Conditions, and Restrictions recorded in Clerk’s File No. D201052972, DRTCT.
“Section 19. Painting. Any exterior painting of any residence using a color or stain other than the original color or stain must be approved in advance by the Architectural Control Committee. This includes any exterior painting, including without limitation garage doors, exterior trim and exterior siding. If approval in advance of painting is not obtained from the Architectural Control Committee, then the Architectural Control Committee may, in its discretion, require that the area painted be returned to the original paint or stain color.”
2.09 Article XIII, Section 22, is hereby (i) added to the following areas: Lakes of River Trails Addition Area III, as described in the Supplementary Declaration of Covenants, Conditions and Restrictions recorded in Clerk’s File No. D201088222, DRTCT; Lakes of River Trails Addition Area V, as described in the Supplementary Declaration of Covenants, Conditions and Restrictions recorded in Clerk’s File No. D202035412, DRTCT; Lakes of River Trails South Area I, as described in the Assignment, Consent, and Supplementary Declaration of Covenants, Conditions and Restrictions recorded in Clerk’s File No. D201166908, DRTCT; Lakes of River Trails South Area II, as described in the Assignment, Consent, and Supplementary Declaration of Covenants, Conditions and Restrictions recorded in Clerk’s File No. D201257555, DRTCT; Lakes of River Trails South Area III, as described in the Assignment, Consent, and Supplementary Declaration of Covenants, Conditions and Restrictions recorded in Clerk’s File No. D202198475, DRTCT; Lakes of River Trails South Area IV, as described in the Assignment, Consent, and Supplementary Declaration of Covenants, Conditions and Restrictions recorded in Clerk’s File No. D203083977, DRTCT; and Lakes of River Trails South Area V, as described in the Assignment, Consent, and Supplementary Declaration of Covenants, Conditions and Restrictions recorded in Clerk’s File No. D203320893, DRTCT; and (ii) deleted in its entirety from the following areas: Lakes of River Trails Area IV, as described in the Supplementary Declaration of Covenants, Conditions and Restrictions recorded in Clerk’s File No. D204119757, DRTCT; Lakes of River Trails Area VI, as described in the Supplementary Declaration of Covenants, Conditions and Restrictions recorded in Clerk’s File No. D204264364, DRTCT; Lakes of River Trails Area VII[1], as described in the Supplementary Declaration of Covenants, Conditions and Restrictions recorded in Clerk’s File No. D204392533, DRTCT; Lakes of River Trails Area VIII, as described in the Supplementary Declaration of Covenants, Conditions and Restrictions recorded in Clerk’s File No. D205280918, DRTCT; Lakes of River Trails Area IX, as described in the Supplementary Declaration of Covenants, Conditions and Restrictions recorded in Clerk’s File No. D206258779, DRTCT; Lakes of River Trails Area X, as described in the Supplementary Declaration of Covenants, Conditions and Restrictions recorded in Clerk’s File No. D207043242, DRTCT; Lakes of River Trails Areas XI and XII, as described in the Supplementary Declaration of Covenants, Conditions and Restrictions recorded in Clerk’s File No. D210014796, DRTCT; Lakes of River Trails East Area I, as described in the Assignment, Consent, and Supplementary Declaration of Covenants, Conditions and Restrictions recorded in Clerk’s File No. D208267960, DRTCT; and Lakes of River Trails East Area II, as described in the Assignment, Consent, and Supplementary Declaration of Covenants, Conditions and Restrictions recorded in Clerk’s File No. D209187878, DRTCT and replaced with the following:
“Section 22. Painting. Any exterior painting of any residence using a color or stain other than the original color or stain must be approved in advance by the Architectural Control Committee. This includes any exterior painting, including without limitation garage doors, exterior trim and exterior siding. If approval in advance of painting is not obtained from the Architectural Control Committee, then the Architectural Control Committee may, in its discretion, require that the area painted be returned to the original paint or stain color.”
2.10 The following Section 4 is hereby added to Article IX of the Declaration:
“ SEQ CHAPTER \h \r 1 Section 4. One Architectural Control Committee Per Subarea. Notwithstanding anything to the contrary in the Declaration, each Subarea shall have only one (1) Architectural Control Committee, appointed as provided herein, and each Subarea’s Architectural Control Committee shall act under this Article IX only with respect to the property designated as such Subarea.”
2.11 Article X, Section 2, Binding Effect and Duration, is hereby deleted in its entirety and replaced with the following:
“Section 2. Binding Effect and Duration. This Declaration shall run with and bind the land subject to this Declaration, and shall inure to the benefit of and be enforceable by the Declarant, the Association, and the Owners and/or their respective heirs, successors and assigns, for a term of twenty-five (25) years from the date hereof, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then-existing Owners of no less than seventy-five percent (75%) of the Lots contained in the Property has been recorded in the Deed Records of Tarrant County, Texas, agreeing to abolish this Declaration, provided, however, that no such agreement to abolish shall be effective unless made and recorded at least one (1) year in advance of the effective date of such change. In the instances of Lots owned as a community property, for purposes of this Article X, the signature of either the husband or wife shall be effective for inclusion of such Lot in the seventy-five percent (75%) voting to abolish this Declaration. SEQ CHAPTER \h \r 1 However, upon amendment of this Declaration, the twenty-five (25) year term of this Declaration shall be deemed to expire upon twenty-five (25) years from the date of any such amendment, and every successive amendment thereafter, so that the Declaration, as amended, shall expire as to all property subject to the Declaration, as amended, on the date that is twenty-five (25) years after the date of the last amendment, and all such automatic extensions for successive periods of ten (10) years shall commence on the date that is twenty-five (25) years after the date of the last amendment to the Declaration as to all of the property subject to the Declaration.”
2.12 Article X, Section 5, Rights and Obligations, is hereby deleted in its entirety and replaced with the following:
“Section 5. Rights and Obligations. The provisions of this Declaration and the rights and obligations established thereby shall be deemed to be covenants running with the land and shall inure to the benefit of, and be binding upon, each and all of the Owners and their respective heirs, representatives, successors, assigns, purchasers, grantees, and mortgagees. By the recording or the acceptance of a deed conveying a Lot or any ownership interest in the Lot whatsoever, the person to whom such Lot or interest is conveyed shall be deemed to accept and agree to be bound by and subject to all of the provisions of this Declaration, the Articles of Incorporation, and the Bylaws, whether or not mention thereof is made in said deed.”