Resolution Increasing the Working Capital Contribution
Denton County Instr. No. 2023-306 · recorded Jan 3, 2023
Working capital contribution of $520 per sale effective 1/1/2023.
Open the PDF (238 KB)Transcribed for readability and search. Page markers refer to the recorded PDF. If this text and the recorded instrument differ, the recorded instrument controls.
Resolution of the Board of Directors Increasing the Working Capital / Acquisition Assessment (Recorded)
Source: Scanned recorded instrument, 5 PDF pages (page images ocr/wcap_resolution/p001-p005.png).
Recording: Denton County Clerk, Instrument / Document No. 306, recorded January 03, 2023 11:30 AM, 5 pages, recording fee $42.00, eRecorded via Simplifile. [Denton County instrument numbers restart each year; cite as Instrument No. 306 of 2023, recorded 01/03/2023.]
Transcription note: Faithful transcription of the page images. Bracketed text [...] is transcriber annotation, not part of the original.
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Denton County Juli Luke County Clerk
Instrument Number: 306
ERecordings-RP
NOTICE
Recorded On: January 03, 2023 11:30 AM — Number of Pages: 5
" Examined and Charged as Follows: "
Total Recording: $42.00
************ THIS PAGE IS PART OF THE INSTRUMENT ************ Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
File Information:
- Document Number: 306
- Receipt Number: 20230103000203
- Recorded Date/Time: January 03, 2023 11:30 AM
- User: William D
- Station: Station 8
Record and Return To: Simplifile
[County seal] STATE OF TEXAS COUNTY OF DENTON I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas. Juli Luke County Clerk Denton County, TX
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NOTICE OF FILING OF DEDICATORY INSTRUMENT FOR LEWISVILLE WATER'S EDGE II CONDOMINIUM OWNER'S ASSOCIATION, INC.
STATE OF TEXAS
COUNTY OF DENTON
This Notice of Filing of Dedicatory Instruments for Lewisville Water's Edge II Condominium Owner's Association, Inc., ("Notice") is made by and on behalf of Lewisville Water's Edge II Condominium Owner's Association, Inc. (the "Association").
RECITALS:
WHEREAS, the Association is a property owners association as defined in Section 202.001(2) of the Texas Property Code; and
WHEREAS, The Association is governed by a dedicatory instrument, which covers the property described therein entitled Declaration of Covenants, Conditions and Restrictions for Lewisville Water's Edge II Condominium Owner's Association, Inc., filed or to be filed in the Real Property Records of Denton County, Texas (the "Declaration"), as Lewisville Water's Edge II Condominium Owner's Association, Inc., such may be amended, supplemented and/or corrected from time to time; and
WHEREAS, Section 202.006 of the Texas Property Code requires a property owners association to file the dedicatory instrument in the Real Property Records of each county in which the property to which the dedicatory instrument relates is located; and
WHEREAS, the Association desires to file a Notice by adding the instruments attached hereto herein adopted by the Association.
NOW THEREFORE, the Association files true and correct copies of the following instruments of the Association which are attached hereto:
- Resolution of the Board of Directors Increasing the Working CAP / Acquisition Assessment
IN WITNESS WHEREOF, the undersigned agent of Lewisville Water's Edge II Condominium Owner's Association, Inc., certifies that, to the best of his/her knowledge, as of the effective date of this Notice of Filing of Dedicatory Instrument that the foregoing instruments are a true and correct copy of the current instruments of the Association.
[Signature Page to Follow]
[footer: Notice of Filing of Dedicatory Instrument]
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By: [signature] Connie Kindle, Authorized Signer, Essex Association Management L.P., Its Managing Agent.
STATE OF TEXAS
COUNTY OF DENTON [handwritten:] Dallas [printed "DENTON" struck through]
Before me, the undersigned authority, a Notary Public in and for said county and state, on this day personally appeared Connie Kindle, Authorized Signer, Essex Association Management L.P., on behalf of Lewisville Water's Edge II Condominium Owner's Association, Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS [handwritten:] 27th DAY OF [handwritten:] December, 2022.
[Notary stamp: ALYNN STAPP, Notary Public, State of Texas, Comm. Expires 01-16-2024, Notary ID 132317857]
[signature] Alynn Stapp Notary Public in and for the State of Texas
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[Letterhead logo: Lewisville WATERS EDGE II Condominium Owners Association]
RESOLUTION OF THE BOARD OF DIRECTORS
We, the undersigned Board of Directors (the "Board") of Lewisville Water's Edge II Condominium Owner's Association, Inc. (the "Association"), do hereby confirm our consent and agree that the following matter came before the Board on the 26th day of October 2022, at a duly noticed open virtual meeting of the Board of Directors. The Board consented, by at least majority vote, to the increase in the Working Capital /Acquisition Assessment fee as summarized below. In accordance with the provisions of Section 22.220 of the Texas Business Organizations Code and Section, 215.007 of the Texas Property Code (or other numbered sections subsequently used to address said provisions). [sic — "Section, 215.007"; Texas Property Code Chapter 215 does not appear to correspond to this subject; likely intended §209.0051 or another section — reproduced as written]
Order of Business as confirmed with this Resolution:
""Review and approval of an increase to the Working Capital /Acquisition Assessment effective January 1, 2023. Fee will increase from $400.00 to $520.00 and is applicable to all sales or transfers of title occurring on or after January 1, 2023 except Lot sales by Declarant.""
WHEREAS the Board of the Association is the entity responsible for the operation of the Association in accordance with and pursuant to that certain Declaration of Covenants, Conditions and Restrictions for the Association as well as all amendments thereof and supplements thereto (collectively, the "Declaration"). Furthermore, the approved minutes of the above referenced meeting shall be recorded in the records of the Association and shall serve to reinforce all authorities, rights, and actions of the Board; and
NOW THEREFORE, the Board has resolved and does hereby resolve the increase in the Working Capital / Acquisition Assessment contribution as outlined above.
IT IS FURTHER RESOLVED that this Resolution is valid and serves as a memorialization of the action of the Board as taken at a duly noticed open virtual meeting and shall remain in full force and effect unless revoked or amended by not less than a majority vote of the Board. All prior actions consistent with this Consent are hereby ratified and approved for all purposes.
By majority vote, the Board of Directors of the Lewisville Water's Edge II Condominium Owner's Association, Inc., does hereby adopt and agree to those actions herein memorialized. This Resolution may be signed in multiple counterparts.
[SIGNATURE PAGE FOLLOWS THIS PAGE]
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[Letterhead logo: Lewisville WATERS EDGE II Condominium Owners Association]
Executed to be effective as the 26th day of October, 2022.
[signature] Mehrdad Moayedi, President
CERTIFICATE OF SECRETARY AS TO ACTION BY DIRECTORS LEWISVILLE WATER'S EDGE II CONDOMINIUM OWNER'S ASSOCIATION, INC.
The undersigned, being the duly appointed and authorized Secretary of Lewisville Water's Edge II Condominium Owner's Association, Inc., (the "Association"), a Texas nonprofit corporation, do hereby certify that the following resolution(s) and/or action(s) of the Board of Directors was adopted by a majority vote on the 26th day of October 2022, and are in full force and effect.
- An Increase to the Working Capital /Acquisition Assessment
By: [signature] Ronald Corcoran, Secretary
[End of the Resolution of the Lewisville Water's Edge II Board of Directors]
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Transcriber notes:
- Board action date: October 26, 2022 ("duly noticed open virtual meeting"). Effective for transfers on or after January 1, 2023. Amount: $400.00 increased to $520.00 per sale/transfer of title; Declarant lot sales exempt.
- Signed only by Mehrdad Moayedi, President (no other director signatures appear, despite "We, the undersigned Board of Directors" and the counterpart clause). Certified by Ronald Corcoran as "Secretary" of the Association — the same Ronald J. Corcoran who signs other instruments as President of Essex Association Management L.P., the managing agent.
- Notice of filing signed by Connie Kindle, Authorized Signer, Essex Association Management L.P., notarized December 27, 2022 (Dallas County); recorded January 3, 2023.
- The resolution does not state whether the contribution is deposited to reserves or to operating funds.