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Amendment to Section 4.14 "Vehicles, Equipment, and Machinery"
Fifth Amendment to Declaration of Krisland Corp and
First Amendment to Declaration of Covenants, Conditions, and Restrictions of Windsong, Section Four (4)
In response to community feedback regarding increased numbers of vehicles and trailers parked on Windsong streets, the Windsong Board of Directors has procured a draft amendment to the Windsong Community Improvement Association governing documents from our attorney. A link to the document can be found below in both printable PDF and text formats. Please cast your vote on the proposed amendment using the ballot form below.
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FAQ
This is a legal technicality in order to have amendments such as this to apply to the entire neighborhood. The manner in which our original governing documents were created and filed by the developers makes this redundant documentation necessary. Windsong Sections 1-3 are in the "Declaration of Krisland Corp." version and Windsong Section 4 is in the "Declaration of Covenants, Conditions and Restrictions Windsong, Section Four (4)" version.
Email notifications will be sent to all email addresses registered with Spectrum and all subscribers to the Windsong Email Updates list. Mailers will be sent via USPS to each Windsong residence and all property owner addresses on file with Spectrum. Verbal announcements and updates will be made during Open Session at the monthly HOA meetings.
Per our governing documents, 67% of the Association Membership (homeowners) from Windsong Sections 1-3 and 67% of the Association Membership from Windsong Section 4 are required to approve an amendment such as the one proposed.
Because of the high number of votes required to approve the amendment and the fact that property ownership is changed every time a home is sold, this will be a complicated process that grows more complicated as time passes — it's why every "yes", "no", and "abstain" vote is important, and your fast response is crucial. The voting will remain open for as long as the Board of Directors deems necessary. Notice will be given no less than 20 days prior to the close of voting.
Although you will be required to provide your information in order to authenticate each vote, no one in Windsong, including members of the Board, will be involved in the ballot collection process. The Board will be provided a report each month on how many ballots have been cast to date in order to guide committee efforts and determine the appropriate date to close voting. If the proposed amendment is approved by the required number of homeowners, all submitted ballots will be filed with the amendment with the Harris County clerk. Spectrum account numbers and voter email addresses will NOT be included on the filed ballots.
FIFTH AMENDMENT
to
DECLARATION OF KRISLAND CORP.
THE STATE OF TEXAS
COUNTY OF HARRIS
WHEREAS, Krisland Corp., a Texas corporation, as Declarant, caused the “Declaration of Krisland Corp.” (“Declaration”) to be recorded under Clerk’s File No. G537859 in the Official Public Records of Real Property of Harris County, Texas, which instrument imposes various covenants, conditions, restrictions easements, liens and charges upon the real property described as:
Windsong, Section One (1), a subdivision in Harris County, Texas according to the map or plat thereof recorded in Volume 295, Page 1 of the Map Records of Harris County, Texas;
Windsong, Section Two (2), a subdivision in Harris County, Texas according to the map or plat thereof recorded in Volume 314, Page 110 of the Map Records of Harris County, Texas;
Windsong, Section Three (3), a subdivision in Harris County, Texas according to the map or plat thereof recorded in Volume 323, Page 59 of the Map Records of Harris County, Texas;
(collectively, hereinafter referred to as the “Subdivision”); and
WHEREAS, the Declaration was amended by instrument entitled “Amendment to Declaration of Krisland Corp.” recorded in the Official Public Records of Real Property of Harris County, Texas under Clerk’s File No. G829749 (the Declaration as amended hereinafter still referred to as “Declaration”); and
WHEREAS, the Declaration was further amended by instrument entitled “Second Amendment to Declaration of Krisland Corp.” recorded in the Official Public Records of Real Property of Harris County, Texas under Clerk’s File No. H949164 (the Declaration as amended hereinafter still referred to as “Declaration”); and
WHEREAS, the Declaration was further amended by instrument entitled “Third Amendment to Declaration of Krisland Corp.” recorded in the Official Public Records of Real Property of Harris County, Texas under Clerk’s File No. J436745 (the Declaration as amended hereinafter still referred to as “Declaration”); and
WHEREAS, the Declaration was further amended by instrument entitled “Fourth Amendment to the Declaration of Krisland Corp.” recorded in the Official Public Records of Real Property of Harris County, Texas under Clerk’s File No. J739502 (the Declaration as amended hereinafter still referred to as “Declaration”); and
WHEREAS, Article X, Section 10.2, of the Declaration, entitled “Amendments” provides the Declaration may be amended by an instrument executed by the President of Windsong Community Improvement Association (the “Association”) certifying that Owners of seventy-five percent (75%) of the Lots in the Subdivision have approved this amendment, if the amendment occurs more than twenty (20) years after the date of the Declaration and must be recorded in the Official Public Records of Real Property of Harris County, Texas; and
WHEREAS, this amendment occurs more than twenty (20) years after the date of the Declaration; and
WHEREAS, Section 209.0041(h) of the Texas Property Code provides that a declaration may be amended only by a vote of sixty-seven percent (67%) of the total votes allocated to property owners entitled to vote on the amendment of the declaration, unless the declaration contains a lower percentage, in which event the percentage in the declaration controls; and
WHEREAS, the Declaration provides for amendment by the approval of a higher percentage of owners than the percentage set forth in Section 209.0041 of the Texas Property Code; therefore, Section 209.0041 controls with respect to the percentage of votes necessary to effect an amendment to the Declaration; and
WHEREAS, Owners subject to the Declaration representing not less than sixty-seven percent (67%) of the total votes entitled to be cast under the Declaration desire to amend the Declaration.
NOW, THEREFORE, the following provision of the Declaration is amended as set forth below:
Article IV, Section 4.14, of the Declaration, entitled “Vehicles, Equipment and Machinery”, is amended and restated to read as follows:
SECTION 4.14. Vehicles, Equipment and Machinery. No boat, trailer, camping unit, camper, bus, recreational vehicle, pickup truck larger than a two and one-half ton pickup truck, vehicle that requires a commercial driver’s license to operate, tractor, tractor trailer, tow truck, or self-propelled or towable equipment or machinery of any sort shall be permitted to park, for any amount of time: (a) on any street within the Subdivision; or (b) in public view on any Lot within the Subdivision. This restriction does not apply to any vehicle, machinery, or maintenance equipment temporarily parked on a Lot or on a street in the Subdivision that is in use for construction, repair, or maintenance on a Lot.
No Inoperable Vehicle shall be parked, kept, or stored in public view on a Lot, driveway, easement or a street right-of-way in the Subdivision. An Inoperable Vehicle is a vehicle that: (a) is not in operating condition (including a flat tire); or (b) does not have a current unexpired registration sticker displayed on the vehicle; or (c) is prohibited for any reason from being operated on the streets and highways of the State of Texas.
Except as amended herein, all provisions in the Declaration, as amended previously, remain in full force and effect. Capitalized terms used herein have the same meanings as ascribed to them in the Declaration, unless otherwise indicated.
IN WITNESS WHEREOF, the President of Windsong Community Improvement Association hereby executes this instrument to certify that Owners representing not less than sixty-seven percent (67%) of the votes entitled to be cast under the Declaration have approved the amendment set forth in this instrument in accordance with Section 209.0041(h) of the Code. A copy of the ballots evidencing such approval is attached to the Amendment as Exhibit “A”. This Amendment will be effective upon recording in the Official Public Records of Real Property of Harris County, Texas.
WINDSONG COMMUNITY
IMPROVEMENT ASSOCIATION
FIRST AMENDMENT
to
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
WINDSONG, SECTION FOUR (4)
THE STATE OF TEXAS
COUNTY OF HARRIS
WHEREAS, James T. Lynch, Inc. a Texas corporation, as Declarant, caused the “Declaration of Covenants, Conditions and Restrictions Windsong, Section Four (4)” (“Declaration”) to be recorded under Clerk’s File No. N453588 in the Official Public Records of Real Property of Harris County, Texas, which instrument imposes various covenants, conditions, restrictions easements, liens and charges upon the real property described as:
Windsong, Section Four (4), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Film Code No. 350135 of the Map Records of Harris County, Texas (the “Subdivision”);
WHEREAS, Article IX, Section 9.2, of the Declaration, entitled “Amendments” provides the Declaration may be amended by an instrument executed by the President of Windsong Community Improvement Association (the “Association”) certifying that Owners of seventy-five percent (75%) of the Lots in the Subdivision have approved this amendment, if the amendment occurs more than twenty (20) years after the date of the Declaration and must be recorded in the Official Public Records of Real Property of Harris County, Texas; and
WHEREAS, this amendment occurs more than twenty (20) years after the date of the Declaration; and
WHEREAS, Section 209.0041(h) of the Texas Property Code provides that a declaration may be amended only by a vote of sixty-seven percent (67%) of the total votes allocated to property owners entitled to vote on the amendment of the declaration, unless the declaration contains a lower percentage, in which event the percentage in the declaration controls; and
WHEREAS, the Declaration provides for amendment by the approval of a higher percentage of owners than the percentage set forth in Section 209.0041 of the Texas Property Code; therefore, Section 209.0041 controls with respect to the percentage of votes necessary to effect an amendment to the Declaration; and
WHEREAS, Owners subject to the Declaration representing not less than sixty-seven percent (67%) of the total votes entitled to be cast under the Declaration desire to amend the Declaration.
NOW, THEREFORE, the following provision of the Declaration is amended as set forth below:
Article IV, Section 4.14, of the Declaration, entitled “Vehicles, Equipment and Machinery”, is amended and restated to read as follows:
SECTION 4.14. Vehicles, Equipment and Machinery. No boat, trailer, camping unit, camper, bus, recreational vehicle, pickup truck larger than a two and one-half ton pickup truck, vehicle that requires a commercial driver’s license to operate, tractor, tractor trailer, tow truck, or self-propelled or towable equipment or machinery of any sort shall be permitted to park, for any amount of time: (a) on any street within the Subdivision; or (b) in public view on any Lot within the Subdivision. This restriction does not apply to any vehicle, machinery, or maintenance equipment temporarily parked on a Lot or on a street in the Subdivision that is in use for construction, repair, or maintenance on a Lot.
No Inoperable Vehicle shall be parked, kept, or stored in public view on a Lot, driveway, easement or a street right-of-way in the Subdivision. An Inoperable Vehicle is a vehicle that: (a) is not in operating condition (including a flat tire); or (b) does not have a current unexpired registration sticker displayed on the vehicle; or (c) is prohibited for any reason from being operated on the streets and highways of the State of Texas.
Except as amended herein, all provisions in the Declaration, as amended previously, remain in full force and effect. Capitalized terms used herein have the same meanings as ascribed to them in the Declaration, unless otherwise indicated.
IN WITNESS WHEREOF, the President of Windsong Community Improvement Association hereby executes this instrument to certify that Owners representing not less than sixty-seven percent (67%) of the votes entitled to be cast under the Declaration have approved the amendment set forth in this instrument in accordance with Section 209.0041(h) of the Code. A copy of the ballots evidencing such approval is attached to the Amendment as Exhibit “A”. This Amendment will be effective upon recording in the Official Public Records of Real Property of Harris County, Texas.
WINDSONG COMMUNITY
IMPROVEMENT ASSOCIATION
Click the image below to read the proposed amendment in PDF format.
— printable —
Click the image below to see where your account number is located on your Association invoices.
Click Image Below to View Neighborhood Sections Map
