Amends transfer fee rules
In force recorded instrument; no later repeal found in 217 docs
File: transferfee2020.pdf · Recording: 20050600 · Document date: 2020 · Effective: 2020-11-05 · Pages: 3
This text came from scanning and has errors. The original document governs; check it before relying on anything. Report a text error.
Open the original document (official PDF, elliottranchbuda.org)
Page 1
20050600
AMENDMENT
Total Pages:.3
Filed and Recorded:
11/5/20
2:30 PM
DECEIVE
STATE OFTEXAS
SEP 2 2 2020
COUNTYOFHAYS
AMENDMENTOFRULESANDREGULATIONS
OF
ELLIOTT RANCHHOMEOWNERS ASSOCIATION.INC.
(Regarding Transfer Fees)
Document reference. Reference is hereby made to that certain Amended and Restated Declaration of
Covenants and Restrictions for Elliott Ranch, filed at Vol. 1512, Pg. 913 in the Official Public Records of
Hays County, Texas (together with all amendments and supplemental documents thereto, the
"Declaration").
Referenceis furthermadetotheResolutionsof the Boardof Directors AdoptingRules forElliott
Ranch Homeowners Association. Inc., filed at Book No. 90017227, Vol. 3685, Pg. 758; the Rules and
Regulations: Elliott Ranch Homeowners Association. Inc., filed as Document No. 10000474, Vol. 3804,
Pg. 534; the rules contained in the document recorded as Document No. 11029542, Vol. 4245, Pg. 733; the
rules contained in document recorded as DocumentNo.11029543,Vol.4245,Pg.742; the rules contained
in document recorded asDocumentNo.11029544,Vol.4245,Pg.748;the rulescontained in document
recorded as Document No. 11029545, Vol. 4245, Pg. 755; the Collections Policy recorded as Document
No. 12004806, Vol. 4287, Pg. 448; the rules contained in the document record as Document No. 14004719,
Vol.4862,Pg.857;and the Transfer Fee Rule recorded as Document No.15001744,Vol.5119,Pg.156 all
in the Official Public Records of Hays County, Texas (cumulatively and together with any amendments or
supplements,the"Rules").
WHEREAS the Declaration provides that owners of lots subject to the Declaration are automatically made
members of Elliott Ranch Homeowners Association, Inc. (the“Association");
WHEREAS the Association, acting through its board of directors (the “Board'), is authorized to adopt and
amend rules and regulations governing the property subject to the Declaration and the operations of the
Association pursuant to Declaration Article 11 Section (d)(v) and/or State law, and has previously adopted
the Rules; and
WHEREAS the Board has voted to amend the Transfer Fee Rule as provided herein and to supplement the
previously-adopted Rules;
THEREFORE the Transfer Fee Rule has been, and by these presents is, AMENDED, ADOPTED and
APPROVED,asfollows:
TRANSFER FEES
1.Transfer Fees.In addition to fees for issuance of a resale certificate and any updates or
re-issuance of the resale certificate, transfer fees are due upon the sale or transfer of any
property in accordance with the then-current fee schedule adopted by the board, in
addition to any fee charged by the Association's managing agent. As of the date of filing
of this instrument, the transfer fee due to the Association upon any sale or transfer is
equivalent to one year's dues (aka regular assessments), unless otherwise determined
bytheboardviaresolution.
It is the owner/seller's responsibility to determine the then-current fees. Transfer fees not
paid at or before closing are the responsibility of the purchasing owner and will be
Page 2
assessed to the owner's account accordingly.The Association may require payment in
advancefor issuance of anyresale certificate or other transfer-related documentation.
If a resale certificate is not requested and a transfer occurs, all fees associated with
Association record updates related to the transfer will be the responsibility of the new
owner and may be assessed to the unit's account at the time the transfer becomes known.
These fees will be set according to the then-current fee schedule of the Association or its
managing agent and may be equivalent to the resale certificate fee or in any other
amount.
2. All transfer fees shall be collectible in the same manner as assessments, including lien
and other assessment collection rights, to the maximum extent allowed by law. Fees may
include working capital or reserve funding fees, resale certificate fees, resale certificate
update fees, rush fees,and other such fees.
Subject solely to the amendments contained herein, the Rules remain in full force and effect.
ELLIOTTRANCHHOMEOWNERSASSOCIATION,INC.
Acting by and through its Boareof Directors
Signature:
Printed Name:
Kenhurdock
Title:
President
Acknowledgement
STATEOFTEXAS
COUNTY OF
15th
day of Septeunber
This instrpment was executed before me on the
2020_, by
nthecapa
ity stated above.
KIMBALLDEMPSEY
My Notary ID#7977255
Notary/Pklic, State of/Texas
Expires March 25, 2024
After recording.pleasereturn to:
Niemann & Heyer, L.L.P.
Attorneys At Law
Westgate Building, Suite 313
1122Colorado Street
Austin, Texas 78701
Nolumes/FileServer/CLIENTS/ElliottRanch/RulesAmendTransferFees7-6-20.doc
Page 3
THE STATEOF TEXAS
COUNTY OF HAYS
I hereby certify that this instrument was FILED on the
date_and the time stamped hereon by me and was duly
REcoRDED in the Records of Hays County,Texas.
20050600
AMENDMENT
11/05/202002:30:15PMTotal Fees:$30.00
EeainhCidinn
Elaine H.,Cardenas, MBA, PhD, County Clerk
HaysCounty,Texas
Psos as monsmepiqxs
See something wrong or out of date? Report a problem with this page.