FIRST AMENDMENT TO RESTRICTIONS FOR SHERWOOD OAKS,

Transcription

1 FIRST AMENDMENT TO RESTRICTIONS FOR SHERWOOD OAKS, SECTIONS ONE (1) AND TWO (2) STATE OF TEXAS COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENCE: This instrument ( First Amendment to Restrictions ) is being circulated among the owners of property in the Sherwood Oaks Subdivision in order to modify the restrictive covenants (i.e., the Restrictions ) applicable to the Lots and tracts within the Sherwood Oaks Subdivision, Sections One (1) and Two (2). The owners of property within Sherwood Oaks, Sections One (1) and Two (2) intend to enact these Amendments to the Restrictions pursuant to applicable common law and pursuant to the provisions of the existing Restrictions. The subdivision plat for Sherwood Oaks Subdivision, Section One (1) is recorded in Volume 104, Page 57 of the Map Records of Harris County, Texas. The subdivision plat for Sherwood Oaks Subdivision, Section Two (2) is recorded in Volume 119, Page 13 of the Map Records of Harris County, Texas. The Restrictions currently applicable to all Lots and tracts within Sherwood Oaks Subdivision, Sections One (1) and Two (2) are recorded under County Clerk s File No. B890034, recorded at Volume 5524, Page 377 et seq. of the Official Public Records of Real Property of Harris County, Texas. Sherwood Oaks, Sections One (1) and Two (2) are jointly referred to herein as the Subdivision. The Restrictions for Sherwood Oaks, Sections One (1) and Two (2) are referred to herein as the Restrictions. The affirmative vote of a majority of the owners of lots is required in order to amend the Restrictions. In this regard, the Restrictions provide as follows:...said covenants and restrictions shall be automatically extended for successive periods of ten (10) years unless by a vote of the then owners of the lots in said A - 1

2 subdivisions, it is agreed to change the said covenants or restrictions, in whole or in part. Such vote shall be evidenced by written declaration, signed and acknowledged by such owners, and recorded in the Deed Records of Harris County, Texas. It is understood and agreed that these restrictions shall not apply to, or affect, Tracts A and B of SHERWOOD OAKS, SECTION ONE (1), and Reserve A, B, C, and D of SHERWOOD OAKS, SECTION TWO (2)... The restrictive covenants contained in this First Amendment to Restrictions shall modify, add to, and extend the current Restrictions. In the event of a conflict between the current Restrictions and this First Amendment to Restrictions, this First Amendment to Restrictions shall apply. By this instrument, it is the intention of the signatories that all properties in Sherwood Oaks, Sections One (1) and Two (2) shall be subject to this First Amendment to Restrictions. The following First Amendment to Restrictions shall apply to the property previously covered by the current Restrictions and any other signatories to this instrument. The Restrictions, as amended herein, shall run with the land, bind and benefit each such owner of property in the Subdivision, create a uniform plan for the Subdivision for the common benefit of the Subdivision and its owners, and shall restrict all such property in the Subdivision, whether or not referenced in subsequent deeds. In order to be effective, this instrument must be approved by the required percentage of Owners and recorded in the Official Public Records of Real property of Harris County, Texas. No property owner or lien holder has the right to exclude themselves from the Restrictions when adopted. The amendments, changes and/or modifications to the Restrictions, as set forth in this instrument, shall become immediately effective upon obtaining the acknowledged signatures (evidencing approval of this instrument) by a majority of the owners of Lots within Sherwood Oaks, Sections One (1) and Two (2) combined, and upon the recording of this instrument, with Owners signature pages attached, in the Official Public Records of Real Property (i.e., the Deed Records) of Harris County, Texas. A - 2

3 ARTICLE I. DEFINITIONS 1.1 Association - SHERWOOD OAKS PROPERTY OWNERS ASSOCIATION, a Texas non-profit corporation, its successors and assigns. 1.2 Board - the Board of Directors of the Association. 1.3 "Common Area" shall mean all real property (including the improvements thereon) owned by the Association for the common use and enjoyment of the Owners. 1.4 Effective Date of this Instrument - the date of recording of this instrument in the Official Public Records of Real Property of Harris County, Texas. 1.5 One Family or Single-Family - an individual or two or more persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship or up to 2 unrelated adult persons, living as a single housekeeping unit in a House. Live in caregivers are exempt from this definition. 1.6 Lot - any numbered lot on the Plats. 1.7 Owner(s) - the record title owner(s) of fee simple interest in a Lot or tract. 1.8 Plats - (1) the subdivision plat for Sherwood Oaks Subdivision, Section One (1) is recorded in Volume 104, Page 57 of the Map Records of Harris County, Texas; (2) the subdivision plat for Sherwood Oaks Subdivision, Section Two (2) is recorded in Volume 119, Page 13 of the Map Records of Harris County, Texas; and 3) any replats of the referenced plats. 1.9 Real Property Records - the Official Public Records of Real Property of Harris County, Texas (or successor records) Restrictions - The Restrictions currently applicable to all Lots and tracts within Sherwood Oaks Subdivision, Sections One (1) and Two (2) are recorded under A - 3

4 County Clerk s File No. B890034, recorded at Volume 5524, Page 377 et seq. of the Official Public Records of Real Property of Harris County, Texas, as modified, extended or added to by this instrument Subdivision - all real property located within Sherwood Oaks Subdivision, Sections One (1) and Two (2) according to the Plats Quorum - a quorum of the members of the Association as provided in the Association s Articles of Incorporation or By-Laws. AMENDMENTS The Restrictions currently applicable to all Lots and tracts within Sherwood Oaks Subdivision, Sections One (1) and Two (2), recorded under County Clerk s File No. B890034, recorded at Volume 5524, Page 377 et seq. of the Official Public Records of Real Property of Harris County, Texas, are hereby modified, extended or added to by this instrument, as follows: A. Paragraph No. 14 of the Restrictions is hereby replaced in its entirety, as follows: The roof of any home constructed shall be constructed or covered with shingles which adhere in respects with any and all applicable City of Houston Building specifications, regulations and/or guidelines. The weight of composition shingles must be two hundred forty pound (240 lb.) or heavier. B. Paragraph No. 15 of the Restrictions is hereby replaced in its entirety, as follows: All Lots shall be used exclusively for residential purposes and no commercial or business activities are allowed; provided, however, that only low profile uses incidental to the dwelling s use as a residence are allowed subject to the following conditions: 1) no employees at the premises; 2) no signs at the premises; 3) no publication or advertising of a business utilizing the residential address; 4) no visible A - 4

5 storage or display of commercial or business products; 5) all business related activities are conducted inside the dwelling; 6) there is no material disruption, interference or increase in traffic or parking in the Subdivision; 7) no sound or smell is created outside the dwelling; and 8) the existence of any commercial activity must not be observable or apparent from outside the dwelling. With the sole exception of the foregoing, no activity, whether for profit or not, shall be carried on any Lot which is not related to single-family residential purposes. No noxious or offensive activity of any sort shall be permitted nor shall anything be done on any Lot, which may be or become an annoyance or a nuisance to the neighborhood. The Board of Directors of the Association (sometimes herein referred to as the "Board") shall have the sole and absolute discretion to determine what constitutes a nuisance or annoyance. Activities expressly prohibited, without limitation, include: (1) the storage or parking of inoperative automobiles visible to public view for a period of time in excess of seventy-two (72) hours within any thirty (30) day period of time (the term inoperative vehicle is defined herein as any vehicle which is not functional, licensed, insured and inspected so as to be legally drivable on the streets and highways of the State of Texas); and/or (2) other activities which may be offensive by reason of odor, fumes, dust, smoke, noise, vision, vibration or pollution, or which are hazardous by reason of excessive danger, fire or explosion. The Owners or occupants of all Lots shall at all times keep all weeds and grass thereon cut in a sanitary, healthful and attractive manner and shall in no event use any Lot for storage of materials and equipment except for normal residential requirements or incident to construction of improvements thereon as herein permitted. Further, the Owners or occupants of all Lots shall at all times keep the exterior of all buildings, structures and/or improvements located on such Lot in a well maintained, neat and aesthetic manner. C. Paragraph No. 17 of the Restrictions is hereby replaced in its entirety, as follows: 17.1 MEMBERSHIP. Every person or entity who is a record owner of a fee or A - 5

6 undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association pursuant to Paragraph No. 18 hereof, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one membership per Lot. Membership shall be appurtenant to and may not be separated from any ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. Any mortgagee or lien holder who acquired title to any Lot which is a part of the Property, through judicial or nonjudicial foreclosure, shall be a member of the Association CLASSES OF MEMBERSHIP. The Association shall have one (1) class of voting membership. Class A. Class A Members shall be all those Owners as defined in Paragraph Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interest required for membership as referenced in Paragraph When more than one person holds interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot NON-PROFIT CORPORATION. SHERWOOD OAKS PROPERTY OWNERS ASSOCIATION (formerly known as The Sherwood Oaks Committee ), a Texas non-profit corporation, has been or will be organized and it shall be governed by the Articles of Incorporation ("Articles") of said Association; and all duties, obligations, benefits, liens and rights hereunder in favor of the Association shall vest in said corporation. A - 6

7 17.4 BY-LAWS. The Association may adopt whatever rules ("Rules and Regulations") or By-Laws it may choose to govern the organization; provided, however, that same are not in conflict with the terms and provisions hereof INSPECTION OF RECORDS. The members of the Association shall have the right to inspect the books and records of the Association at reasonable times during normal business hours, subject to the provisions and terms set forth in Section 2.23 (A) and (B) of the Texas Non-Profit Corporation Act, Article 1396 of the Texas Revised Civil Statutes, or any replacement or successor Statute MEMBERS' RIGHT OF ENJOYMENT. Every member shall have a beneficial interest of use and enjoyment in and to the Common Area and such right shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) the right of the Association, with respect to the use of the Common Area, to limit the number of guests of members; (b) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area; (c) the right of the Association, in accordance with its Articles and By- Laws, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof to mortgage said property, however, the rights of such mortgagee of said property shall be subordinate to the rights of the homeowners hereunder. Any such mortgage upon the Common Area must first be approved by the two-thirds (2/3) affirmative vote of the members present in person or by proxy at a meeting of the membership called for that purpose, at which meeting a quorum is present; (d) the right of the Association to suspend the voting rights and right to use of the Common Area by a member for any period during which any A - 7

8 assessment against his Lot remains unpaid; (e) the right of the Association to suspend the voting rights and right to use of the Common Area by a member for a period not to exceed sixty (60) days for any infraction of the Rules and Regulations relating to the use of the Common Area: and (f) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility, for such purposes and subject to conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer is signed by members entitled to cast seventy-five percent (75%) of the votes of the membership and such instrument has been recorded DELEGATION OF USE. Any member may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the Property THE ASSOCIATION S AUTHORITY. The Association is vested with all enumerated statutory powers and authority granted by the State of Texas to property owners associations and to duly chartered non-profit corporations. The Association is a property owners association as that term is currently defined in Title 11 of the Texas Property Code. The Association may enter into such contracts and agreements and/or retain professionals as the Board deems consistent with the Restrictions and in the best interest of the Subdivision; provided, however, that the Association shall not retain the services of a third-party management company or delegate authority to a third-party management company in regard to the overall operation of the Association. The Association may, in the discretion of its Board of Directors, retain an in-house manager or retain the services of a third-party bookkeeper, accountant and legal counsel, as well as any other service providers (e.g., swimming pool maintenance, operational management, common area A - 8

9 maintenance, etc.). D. Paragraph No. 18 of the Restrictions is hereby replaced in its entirety, as follows: 18.1 CREATION OF NON-FORECLOSEABLE LIEN AND PERSONAL OBLIGATION OF ASSESSMENT. Each and every Owner of any Lot or tract by acceptance of a deed therefore, whether or not it shall be expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, established, and collected from time to time as hereinafter provided. The annual assessments, together with such interest and late charges thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the Lots and shall be a continuing lien upon the property against which each such assessment is made, such Lien being a continuation of the Lien provided for in Paragraph No. 17 of the current Restrictions. In order to secure the payment of the assessments hereby levied, a vendor's lien for the benefit of the Association, shall be and is hereby reserved, which lien shall be enforceable through appropriate judicial proceedings by the Association. Notwithstanding any other language contained herein, the Association shall not utilize the remedy of judicial or non-judicial foreclosure. In addition to the foregoing, in the event of nonpayment by any Owner of all or any portion of such Owner's assessment, the Association may, acting through its Board of Directors, upon ten (10) days prior written notice thereof to such nonpaying Owner, in addition to all other rights and remedies available at law or otherwise, restrict the rights of such nonpaying Owner to use the Common Areas, if any, and Recreational Facilities in such manner as the Association deems fit or appropriate and/or suspend the voting rights of such nonpaying Owner so long as such default exists. Notwithstanding the foregoing: 1) the Association (by and through its Board of Directors) must approve a written payment plan allowing an Owner to make monthly payments to the Association (regarding the current year s assessment only) in the event of an Owner s written request for such a payment plan, such payment plan to conclude with payment in full on or before the last day of February of the A - 9

10 current assessment year. Alternatively, at the discretion of the Board of Directors, an alternative payment plan may be approved by the Association; 2) any Owner in current compliance with a written payment plan (for the current year s assessment only) shall be entitled to full membership rights; and 3) in the event of a multiple year delinquency, the Association (at the sole discretion of its Board of Directors) may approve a reasonable written payment plan allowing an Owner to make payments to the Association in the event of an Owner s written request for such a payment plan, and such payment plan may conclude at any time agreed in writing by the parties thereto; provided, however, that any Owner subject to, and in compliance with, a multiple year payment plan is subject to suspension of Membership rights (as aforesaid) until such time as the assessments for prior years have been paid in full and payments are being applied to the current year s assessment only. Any such written payment plan may include interest, costs of collection, late fees and attorney s fees (as applicable). Further, in the event an Owner defaults under the terms of a written payment plan, the Association may immediately suspend the Owner s membership rights and the Association may immediately pursue any other available legal remedies allowed herein. The term assessment year is defined herein as the twelve (12) month period of time commencing on the assessment due date of March 1 and concluding on the last day of February of the next calendar year LIENS SUBORDINATE TO MORTGAGES. The Association s assessment liens described in Section 18.1 hereof shall be deemed subordinate to any first lien, purchase money lien or other liens which may have heretofore or may hereafter lend money in good faith for the purchase or improvement of any Lot. Each such mortgagee of a mortgage encumbering a Lot who obtains title to such Lot pursuant to the remedies provided in the mortgage or by judicial foreclosure shall take title to the Lot free and clear of any claims for unpaid assessments or charges against such Lot which accrued prior to the time such holder acquires title to such Lot. No such sale or transfer shall relieve such holder acquiring title to a Lot from liability for any assessments thereafter becoming due or from the lien thereof. Any other sale A - 10

11 or transfer of a Lot shall not affect the Association's lien for assessments PURPOSE OF ASSESSMENTS. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents of Sherwood Oaks, Sections One (1) and Two (2) and in particular for any improvement or services in furtherance of these purposes and maintenance of the Common Area. They shall include, but are not limited to, funds for the actual cost to the Association of all taxes, insurance, repairs, replacement and maintenance of the Common Area as may from time to time be authorized by the Board of Directors, and other facilities, services and activities as may from time to time be authorized by the Board of Directors, including, but not limited to, security services, landscaping, operation and maintenance of a swimming pool, trash pickup, payment of all legal and other expenses incurred in connection with the enforcement of the Restrictions, Rules and Regulations or other governing documents of the Association, payment of all reasonable and necessary expenses in connection with the collection and administration of assessments, and other charges that the Board of Directors of the Association shall determine to be necessary to meet the primary purpose of the Association. The use of the annual assessments for any of these purposes is permissive and not mandatory. It is understood that the judgment of the Association as to the expenditure of said funds shall be final and conclusive so long as such judgment is exercised in good faith BASIS AND MAXIMUM OF ANNUAL ASSESSMENT. Until March 1 of the year next following the recording of this instrument, the maximum annual assessment shall be FOUR HUNDRED AND NO/100 DOLLARS ($400.00) per Lot. (a) From and after March 1 of the year next following the recording of this instrument, the maximum annual assessment may be increased by three percent (3%) of the maximum annual assessment for the previous year, A - 11

12 which increase may be cumulative. (b) From and after March 1 of the year next following the recording of this instrument, the maximum annual assessment may be increased above the amount established by the formula described in (a) above by the affirmative votes of sixty percent (60%) of the members who are voting in person or by proxy at a meeting duly called for this purpose, at which a quorum is established, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments resulting from a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. (c) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessment at any sum not exceeding the then applicable maximum annual assessment UNIFORM RATE OF ASSESSMENT. Annual assessments shall be fixed at a uniform rate per Lot or tract DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS, DUE DATES. The mandatory annual assessments provided for herein shall commence as to all Lots in the Subdivision on the latter to occur of (i) the first (1 st ) day of March, 2003, or (ii) the first day of the month following the recording of this instrument in the Official Public Records of Real Property of Harris County, Texas. If this instrument is recorded after March 1, 2003, the first annual assessment shall be adjusted according to the number of months remaining in the assessment year and pre-paid through the last day of February of the succeeding year. From that point on, annual assessments shall be due and payable in advance on March 1 of each succeeding year. The Board of Directors shall fix the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period; however, the failure by A - 12

13 the Board of Directors to fix an annual assessment for any year shall not be deemed a waiver with respect to any of the provisions of these Restrictions or release of the liability of any member to pay assessments, or any installment thereof, for that or any subsequent year. In the event of such failure, each Owner shall continue to pay the annual assessments established for the previous year until the new annual assessment is established. The new annual assessment established by the Board of Directors shall be applied retroactively to the commencement of the then current assessment year and the deficit shall be paid within thirty (30) days after receipt of a statement therefor. Written notice of the annual assessment shall be sent to every Owner subject thereto EFFECT OF NONPAYMENT OF ASSESSMENTS: REMEDIES OF THE ASSOCIATION. Any assessments which are not paid when due shall be delinquent; provided, however, that the Board shall allow an Owner to make payments pursuant to a written payment plan in accordance with Paragraph 18.1 hereof. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of the delinquency at the rate of six percent (6%) per annum, the Association may impose a reasonable late charge for late payments of assessments and the Association may bring an action at law against the Owner personally obligated to pay the same. Interest, late charges, costs and reasonable attorney's fees of any such action shall be added to the amount of such assessment. Each such Owner, by his acceptance of a deed to a Lot, hereby expressly vests in the Association, or its agents, the right and power to bring all actions against such Owner personally for the collection of such charges as a debt and to enforce the aforesaid lien by all methods available for the enforcement of such liens, excluding foreclosure. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of a Lot EXEMPT PROPERTY. The following property subject to this instrument shall be exempt from the assessments created herein: (a) all properties dedicated A - 13

14 to and accepted by a local public authority; (b) the Common Area, including all Reserves shown on the Plat; and (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Texas; provided, however, that no land or improvements devoted to dwelling use shall be exempt from said assessments. E. Paragraph No. 19 of the Restrictions is hereby amended and replaced with the following: These covenants shall run with the land, and shall be binding on all persons claiming title, or to claim title, to any parcel or Lot in Sherwood Oaks, Sections One (1) and Two (2). Invalidation of any one or more of these covenants and restrictions by judgment or Court order shall in no way affect any of the other provisions, which shall remain in full force and effect. Notwithstanding any other language contained herein, these covenants, as modified, amended, extended or added to, shall run with the land and shall be binding upon all parties and all persons claiming under them for until December 31, 2020, after which time said covenants, as modified, amended, extended or added to, shall be automatically extended for successive periods of ten (10) years each. The terms and provisions of the covenants and restrictions, as modified, amended, extended or added to, may be amended at any time by the affirmative written ballots of at least sixty percent (60%) of those members of the Association who are present in person or by proxy at a duly called meeting of the Association, at which meeting a quorum is present. One (1) vote per Lot or tract may be cast in regard to any such proposed Amendment to the Restrictions. At least thirty (30) days, and no more than sixty (60) days written notice of any such meeting of the Association s members, for the purpose of considering a proposed Amendment(s) to the Restrictions, must be provided. In order to be effective, any such Amendment must be recorded in the Official Public Records of Real Property of Harris County, Texas. No person shall be charged with notice or inquiry with respect to any future amendment until and unless it has been filed for record in the Official Public Records of Real Property of Harris County, Texas. Mail-in proxy/ballots may be utilized by the Association and A - 14

15 the Owners signatures (i.e., the members signatures) need not be notarized. Any recorded amendment must: 1) be signed by the Association s President or Vice- President and attested to by the Association s Secretary or Treasurer, and must include a certification by such Association Officers that the required percentage of approval has been obtained; and 2) be accompanied by the signed signature pages or ballots evidencing the approval (of the required percentage) of the Owners. Notwithstanding the foregoing, in order to amend the following provisions of the Restrictions, the signed affirmative ballots of the Owners of seventy-five percent of the Lots or Tracts within Sherwood Oaks, Sections One (1) and Two (2) combined, must be obtained, with one (1) vote per Lot or tract as aforesaid: 1) that portion of Paragraph 17.7 providing as follows:...the Association shall not retain the services of a third-party management company or delegate authority to a third-party management company. ; and 2) the last sentence of Paragraph 18.1 providing as follows:...notwithstanding any other language contained herein, the Association shall not utilize the remedy of judicial or non-judicial foreclosure. F. Paragraph No. 20 of the Restrictions is hereby added, as follows: Upon any violation or attempt to violate any of the covenants herein, it shall be lawful for the Association or any Lot Owner to prosecute any proceedings at law or in equity against the person or person violating or attempting to violate any such covenants. A - 15

16 G. Paragraph No. 21 of the Restrictions is hereby added, as follows: 21.1 Attorneys Fees. In the event of any legal proceeding, including mediation, the prevailing Association may be awarded reasonable attorneys fees and court costs Binding Effect. The Restrictions, as modified, extended or added to, are binding upon and are for the benefit of the Owners and their heirs, executors, representatives, successors and assigns, where permitted Choice of Law. The Restrictions, as modified, extended or added to, are subject to and governed by the laws of the State of Texas, with venue in Harris County Construction. The Restrictions, as modified, extended or added to, shall be liberally construed to achieve their intent and purpose(s). Any rule of construction to strictly construe restrictive covenants in favor of the free use of land is not applicable Non-Waiver. No waiver, express or implied, of any violation of the Restrictions shall preclude the subsequent enforcement of the Restrictions to that or similar violations. No member of the Board or Owner has the authority to waive, modify or terminate any provision of the Restrictions Notices. Any notice to an Owner may be provided by certified mail, return receipt requested addressed to the Owner of the Lot and shall be effective when deposited in the United States mail, postage prepaid, or when hand-delivered (by courier service or otherwise) to the Owner s last known address as contained in the Association s ownership records Severability. The invalidity, abandonment or waiver of any one of the Restrictions shall not affect or impair any other of the Restrictions, as modified, A - 16

17 extended or added to, and any invalid, abandoned or waived Restriction shall be judicially reformed to be valid, enforceable and to effectuate the intentions and purposes of this instrument The Restrictions, as modified, extended or added to by this instrument, shall modify, add to and extend the existing restrictions on certain real property within the Subdivision and shall restate the Current Restrictions. A - 17