Blanco Bluffs Homeowners Association

BLANCO BLUFFS COVENANTS NEWS

SECOND AMMENDMENT TO COVENANTS

SECOND AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR BLANCO BLUFFS SUBDIVISION, UNITS I AND II, PLANNED UNIT DEVELOPMENT

STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BEXAR §

WHEREAS, Norman R. Reitmeyer, (hereinafter "Reitmeyer") executed the Declaration of Covenants, Conditions and Restrictions for Blanco Bluffs Subdivision, Units I and II, Planned Unit Development, on April 1, 1996, recorded in Volume 6715, Page 692, Official Public Records of Real Property of Bexar, Texas (the “Declaration”); and,

WHEREAS, the Declaration subjects certain real property in Bexar County, Texas known as Blanco Bluffs Subdivision (hereinafter the "Property") to certain restrictive covenants in the furtherance of an overall plan to develop a residential community and preserve the value, use and enjoyment of the Property; and,

WHEREAS, the Declaration establishes Blanco Bluff Property Owners Association, (hereinafter the "Association") as a mandatory Association of owners of Lots in the Property; and

WHEREAS, Reitmeyer conveyed his development rights under the Declaration to Gordon V. Hartman Enterprises, Inc. (hereinafter "the Declarant"), pursuant to the Assignment and Assumption of Declarant's Rights executed on April 27, 2000; and,

WHEREAS, the Declaration, in Article XXXIII thereof, grants the Declarant the right to amend the Declaration at any time for any reason whatsoever deemed necessary for the benefit of the overall development as determined by the Declarant, in its sole discretion; and,

WHEREAS, Declarant has determined that the language within Article XXV of the Declaration may be ambiguous or confusing with respect to the placement of basketball goals and backboards on a Lot and,

WHEREAS, Declarant desires to eliminate any such ambiguity or confusion; and,

WHEREAS, Article XXXI of the Declaration provides that the Association's means of enforcement against a violation of the Declaration is to file a lawsuit; and,

WHEREAS, Declarant has determined that it is necessary and beneficial to the Property, and in furtherance of the intent of the Declaration, to provide additional means of enforcement to the Association;

NOW, THEREFORE, Declarant does hereby amend the Declaration as follows:

(1)Article XXV, Athletic Facilities is amended to read:

Tennis court lighting and fencing shall be allowed with the approval of the Architectural Control Committee. No basketball goal, backboard or similar sporting equipment, whether permanent or temporary in nature, shall be placed, erected or maintained on any portion of a Lot closer than the closest point of any portion of the residential structure is to the street in front of or adjacent to the Lot. In addition, all basketball goals and backboards shall be black and grey in color or any combination thereof, unless otherwise approved in writing by the Architectural Control Committee.

(2)Article XXXI, Enforcement is amended to read:

In addition to the remedies for enforcement provided for elsewhere in this Declaration or by law, the violation or attempted violation of the provisions of this Declaration, or any amendment hereto, or of any guidelines, rules, regulations, bylaws, or Articles of Incorporation herein referenced or permitted, by any Owner, his family, guests, lessees or licensees shall authorize the Association (in the case of all of the following remedies) or any Owner [in the case of the remedies provided in (c) below], to exercise any one or more of the following remedies:

(a)The suspension by the Association of rights to use any Association property for a period not to exceed thirty (30) days per violation, plus attorney’s fees incurred by the Association with respect to the exercise of such remedy;

(b)The right of the Association to enter the Lot to cure or abate such violation through self help and to charge the expense thereof, if any, to such Owner, plus attorney’s fees incurred by the Association with respect to the exercise of such remedy; or,

(c)The right to seek injunctive or any other relief provided or allowed by law against such violation and to recover from such Owner all its expenses and costs in connection therewith, including, but not limited to attorney’s fees and court costs.

(d)The imposition, by the Association, of a fine not to exceed $25.00 per violation. All fines levied by the Association and unpaid when due shall bear interest at the rate of twelve percent (12%) per anum from the date due until paid, said interest to be compounded monthly, and shall constitute a lien against the land and shall be collected in the same manner as assessments, as provided in Article IX of the Declaration.

Before the Association may invoke the remedies as set forth in Sections (a) thru (d), it shall give written notice of such alleged violation to Owner, and shall afford the Owner a hearing. If after the hearing, a violation is found to exist, the Association’s right to proceed with the special charge and/or suspension of privileges shall be absolute. Each day a violation continues after notice thereof has been given Owner shall be deemed a separate violation. Failure of the Association, or of any Owner to take any action upon any violation shall not be deemed a waiver of any right to take enforcement action thereafter or upon a subsequent violation. No Owner shall have the right to compel or require the filing of suit by the Association.

This Amendment was adopted in full compliance with Texas laws, the Declaration and the Bylaws of the Association, to certify which witness our hands.

IN WITNESS WHEREOF, the Declarant has executed this Second Amendment to the Declaration of Covenants, Conditions and Restrictions for Blanco Bluffs Subdivision, Units I and Units II, Planned Unit Development.

Signed and effective this the _6th_ day of April, 2004.

GORDON V. HARTMAN ENTERPRISES, INC.

By:___________________________________
Gordon V. Hartman, President

STATE OF TEXAS §
§
COUNTY OF BEXAR §

I hereby certify that the foregoing instrument was acknowledged before me, the undersigned Notary, by the person whose name and signature appears above, on the date of execution set forth above.

______________________________________
Notary Public, State of Texas

AFTER RECORDING RETURN TO:
Tom L. Newton, Jr.
Allen, Stein & Durbin, P.C.
6243 IH 10 West, Suite 7000
San Antonio, Texas 78201
4093 001/363486