Document Information

Originally certified: October 1, 1982
Originally filed: October 10, 1982
Harris County Clerk, Record H644055
Original document:   MasterDeclaration2A1982.pdf

Second Amendment to the Master Declaration

Recitations

THIS AMENDMENT TO THE DECLARATION (herein called the “Declaration”) made on the 1st day of October, 1982, by ANTHONY J. VECCHIO, and ANTHONY J. VECCHIO, BUILDER, INC., hereinafter called and referred to as “Declarants”, WITNESSESTH:

WHEREAS, Declarant ANTHONY J. VECCHIO previously filed the Master Declaration for FAIRWAY FOREST TOWNHOMES (A Residential Development) in the Condominium Records of Harris County, Texas, under Clerk’s file #H601723, Volume 123, Page 132, et seq; and

WHEREAS ANTHONY J. VECCHIO and ANTHONY J. VECCHIO, BUILDER, INC. previously filed a First Amendment to the Master Declaration, in the Condominium records of Harris County, Texas; and

WHEREAS said Master Declaration and First Amendment to the Master Declaration was erroneously filed in the Condominium Records of Harris County, Texas, in error, as it was the true intention of the parties to record said Master Declaration and First Amendment to the Master Declaration in the real property records of Harris County, Texas, instead, therefore, Declarants hereby incorporate by reference herein, each and every provision contained in said Master Declaration and said First Amendment hereto for FAIRWAY FOREST TOWNHOMES, save and except those changes or amendments as are set out herein to wit:

Article 1

Section 4 of Article 1 of the Master Declaration is hereby revoked and the following is substituted in its place:

“Common Area” shall mean all elements of the project in which each unit Owner will own an undivided one fifty-fifth (1/55th) fractional share, being all the Property as amended by the First Amendment to said Master Declaration, save and except the 55 individual units.

Article 2

Section 17 of Article 1 of the Master Declaration is hereby revoked, and the following is substituted in its place:

“Restricted Common Areas” shall mean those portions of the common areas over which exclusive easements are reserved for the benefit of certain owners. There are no restricted common areas at the time of the filing of this Second Amendment to the Master Declaration, but the Owners may grant exclusive easements in the future, provided all mortgagees and owners consent to said easements.

Article 3

Section 20 of Article 1 of the Master Declaration is hereby revoked and the following is substituted in its place:

“Residence” shall mean a unit or townhome which is intended for use by a single family.

Article 4

Section 33 of Article 1 of the Master Declaration is hereby revoked and the following is substituted in its place:

“Unit” shall mean the tracts of land and all improvements thereon as described in each metes and bounds description of said tracts as set forth in Exhibit “D”, of said Master Declaration and as amended in said First Amendment hereto, to which each tract a specific lot and block number is also designated in the Maps attached to this Second Amendment as Exhibits “A” and “A-1”, and incorporated herein for all purposes, and also as designated in article-5 Article 5 of this Second Amendment, wherein Section 2 of Article 2 of the Master Declaration was amended.

In interpreting deeds, declarations and plans, the existing physical boundaries of the unit or a unit constructed on reconstructed in substantial accordance with the townhome plan and the original plans thereof, of such plans are available, shall be conclusively presumed to be its boundaries, rather than the description expressed in the deed, townhome plan or declaration, regardless of settling or lateral movement of the building and regardless of minor variances between boundaries, as shown on the townhome plan or defined in the deed and Declaration, and the boundaries of a building as constructed or reconstructed.

Article 5

Section 2 of Article 2 of the Master Declaration is hereby revoked and the following is substituted in its place:

Each of the Townhome Building Plats described in Section 1 of this Article is designated by tract numbers one (1) through fifty-five (55), in the above descriptions.

The above described tracts are hereby assigned the following lot and block numbers:

Tract one:	Lot 1, Block 1
Tract two:	Lot 2, Block 1
Tract three:	Lot 3, Block 1
Tract four:	Lot 4, Block 1
Tract five:	Lot 5, Block 1
Tract six:	Lot 6, Block 1
Tract seven:	Lot 7, Block 1
Tract eight:	Lot 1, Block 2
Tract nine:	Lot 2, Block 2
Tract ten:	Lot 3, Block 2
Tract eleven:	Lot 4, Block 2
Tract twelve:	Lot 5, Block 2
Tract thirteen:	Lot 6, Block 2
Tract fourteen:	Lot 7, Block 2
Tract fifteen:	Lot 1, Block 3
Tract sixteen:	Lot 2, Block 3
Tract seventeen:	Lot 3, Block 3
Tract eighteen:	Lot 4, Block 3
Tract nineteen:	Lot 5, Block 3
Tract twenty:	Lot 6, Block 3
Tract twenty-one:	Lot 7, Block 3
Tract twenty-two:	Lot 1, Block 4
Tract twenty-three:	Lot 2, Block 4
Tract twenty-four:	Lot 3, Block 4
Tract twenty-five:	Lot 4, Block 4
Tract twenty-six:	Lot 5, Block 4
Tract twenty-seven:	Lot 6, Block 4
Tract twenty-eight:	Lot 7, Block 4
Tract twenty-nine:	Lot 1, Block 5
Tract thirty:	Lot 2, Block 5
Tract thirty-one:	Lot 3, Block 5
Tract thirty-two:	Lot 4, Block 5
Tract thirty-three:	Lot 5, Block 5
Tract thirty-four:	Lot 6, Block 5
Tract thirty-five:	Lot 7, Block 5
Tract thirty-six:	Lot 1, Block 6
Tract thirty-seven:	Lot 2, Block 6
Tract thirty-eight:	Lot 3, Block 6
Tract thirty-nine:	Lot 4, Block 6
Tract forty:	Lot 5, Block 6
Tract forty-one:	Lot 6, Block 6
Tract forty-two:	Lot 1, Block 7
Tract forty-three:	Lot 2, Block 7
Tract forty-four:	Lot 3, Block 7
Tract forty-five:	Lot 4, Block 7
Tract forty-six:	Lot 5, Block 7
Tract forty-seven:	Lot 1, Block 8
Tract forty-eight:	Lot 2, Block 8
Tract forty-nine:	Lot 3, Block 8
Tract fifty:	Lot 4, Block 8
Tract fifty-one:	Lot 5, Block 8
Tract fifty-two:	Lot 6, Block 8
Tract fifty-three:	Lot 7, Block 8
Tract fifty-four:	Lot 8, Block 8
Tract fifty-five:	Lot 9, Block 8

The lot and block numbers assigned to the above listed tracts one (1) through fifty-five (55), are the same lot and block numbers designated in the maps attached hereto as Exhibits “A” and “A-1”, to this Second Amendment to the Master Declaration.

Article 6

Section 2(A) of Article 3 of the Master Declaration is hereby revoked.

Article 7

Section 2(C) of Article 7 of the Master Declaration is hereby amended to read as follows:

The Association shall be obligated to obtain and continue in effect as a common expense of all Owners, blanket property insurance to insure one hundred percent (100%) of current replacement cost the building, carports, and structures in the Common Area and the contents thereof, including but not limited to, any fixtures, and equipment, and the Association against risks of loss or damage by fire and other hazards as are covered under standard extended coverage provisions, and said insurance shall include coverage as the Association shall deem desirable. The above policy may not be cancelled without at least a ten (10) day prior written notice to the Association and to each holder of a first lien mortgage. The Association shall obtain comprehensive public liability insurance in such limits as it shall deem desirable, insuring the Association, its Board of Directors, agents and employees and each owner from and against liability in connection with the common area.

Article 8

Sections 1 and 2 of Article 16 of the Master Declaration is hereby revoked.

Article 9

Article 4 of the First Amendment to the Master Declaration is hereby revoked and the following is substituted in its place:

For the purpose of more specifically describing the ownership interest in the common elements, each unit Owner will own an undivided one fifty-fifth (1/55th) fractional share of all the Property, as amended by the first Amendment to the Master Declaration save and except the 55 individual units.

Article 10

Section 2 of Article 3 of the Master Declaration is hereby revoked and the following is substituted in its place:

Every Owner shall have an undivided one fifty-fifth (1/55th) fractional share of ownership or interest in and to all the Common Area which shall be appurtenant to and shall pass with the title to every Unit, and Each Owner shall have the right to use and enjoy the Common Area, subject to such reasonable restrictions that the association places in force and effect and subject to the following provisions:

Article 11

Section 3 of Article 16 of the Master Declaration is hereby revoked and the following is substituted in its place:

The undivided interest of each Owner of the Common Area, and his membership in the Association shall be appurtenant to the ownership and pass with the title of his townhome building plot and it shall not be necessary that the transfer of such undivided interests and membership be expressly set out in any deed, mortgage or other instruments.

Certifications

This amendment has been executed as of this 30th day of September, 1982.

The following persons, JON F. MONROE, ROSEMARY BEARD, and MARGARET E. CONNOR, who purchased townhome units prior to the filing of this Second Amendment to the Master Declaration, hereby acknowledge that they have read and approve of each and every provision contained herein and each of them on their oath states and agrees they and each them, their heirs and assigns, shall be forever bound to these provisions and changes.