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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

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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

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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

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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

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