FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HARBORVIEW HOMEOWNERS ASSOCIATION, INC.
Grantor: Harborview Homeowners Association, Inc.
Date of Instrument: _____, 2013
COME NOW the undersigned, being seventy five (75%) or more of the current Owners of the Lots which are subject to the Harborview Homeowners Association, Inc. Declaration of Covenants, Conditions and Restrictions, recorded on July 20, 1993 as Instrument No. L80725, Book 2250 at Page 87, Clay County Deed Records, (hereinafter “Original Declaration”) do hereby amend said declaration as follows:
WHEREAS, the Original Declaration dated July 20, 1993 and recorded in Book L80725 at Page 2250, Clay County Deed Records, provided for and established certain restrictions on the lots located within Harborview, a subdivision located in Clay County, Missouri; and
WHEREAS, the Original Declaration provided for the change or modification of the restrictions located therein by an Instrument signed by members entitled to cast not less than seventy five percent (75%) of the Class A votes within the Association; and
WHEREAS, the following Amended Declaration received not less than seventy five percent (75%) of the affirmative votes of the Lot Owners within Harborview is indicated by their signatures appearing herein.
NOW THEREFORE, in consideration of the premises, the members of the Board of Directors of the Harborview Homeowners Association, Inc. hereto certify that the amendments incorporated within this document were validly approved by not less than seventy five percent (75%) of the Lot Owners in Harborview and therefore the Declaration of Covenants, Conditions and Restrictions for Harborview recorded July 20, 1993 in Book L80725, Page 2250 is hereby restated and amended as follows:
Section 3. Duration: Amendment: The Covenants and Restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Harborview Homeowners Association, Inc. and the owner of any lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, in perpetuity from the date of this Declaration. The Covenants and Restrictions of this Declaration may be amended by a voting process determined by the Board of Directors that requires the approval of not less than fifty one percent (51%) of the owners of the lots which are subject to the Covenants and Restrictions of this Declaration. Any amendment must be properly recorded with the Recorder of Deeds of Clay County, Missouri.
IN WITNESS WHEREOF, the undersigned, being all the members of the Board of Directors for the Grantor herein, has hereunto set its hand and official seal this _____ day of ___, 2013.
HABORVIEW HOMEOWNERS ASSOCIATION, INC.