Title: Fourth Amendment to Declaration of Covenants and
This Fourth Amendment is made on this 14th day of September 2002 by the
3023 Highway K, PMB 589, St. Charles,
WHEREAS, a Declaration of
Covenants and Restrictions for
WHEREAS, a First Amendment to the Declaration of Covenants and Restrictions for Westfield Woods was previously recorded on May 28, 1998, in Book 2079, at Pages 1721-1722; and
WHEREAS, a Second Amendment to the Declaration of Covenants and Restrictions for Westfield Woods was previously recorded on April 19, 1999, in Book 2238, at page 363-364; and
WHEREAS, a Third Amendment to the Declaration of Covenants and Restrictions for Westfield Woods was previously recorded on March 20, 2002, in Book 2841, at page 640; and
WHEREAS, those Declarations provide in Article IX, Section 5, that those Declarations may be amended by an instrument signed by the Association pursuant to a resolution passed and approving said amendment by a majority of the record owners of the fee simple title of the lots of record at the time the amendment is proposed; and
NOW, THEREFORE, the Association amends the above-referenced Declaration of Covenants and Restrictions as follows:
ARTICLE IX -- General Provisions
SECTION 5. Amendments: Any Owner may request the Board of Directors to hold a regular or special meeting of the Owners for the purpose of considering a resolution to amend the Covenants and Restrictions of this Declaration. This request must be in writing and must include the text of the proposed resolution. Upon receipt of such request the Board must schedule and conduct a meeting of Owners within 90 days of the date of such request. A majority vote of Owners present in good standing and/or represented by valid proxies at this meeting approving said Resolution will cause the Board to compose and circulate an Instrument of Change among all Owners for the purpose amending this Declaration. The Secretary shall cause this Instrument of Change to be distributed to all Owners within seven (7) days of the meeting at which the subject resolution was approved. The Owners must complete and return this change instrument within twenty-one (21) days of said meeting for it to be considered.
The provisions hereof may be
amended, modified or changed by the written consent of a majority of all Owners.
Should consent be granted by a majority of Owners the Board of Directors
will cause such amendment, modification or change to be recorded in the Office
of the Recorder of Deeds for
IN WITNESS WHEREOF, Bruce Taylor, President; D. M. Abbott, Secretary; and Michael Detrick, Treasurer, of the Westfield Woods Community Association causes this Third Amendment to Declaration of Covenants and Restrictions for Westfield Woods to be executed on this 14th day of September, 2002.
______________________ ______________________ ________________________
Bruce Taylor, President D. M. Abbott, Secretary Michael Detrick, Treasurer
On this __________ day of __________________ , 2003 before me personally appeared Bruce Taylor, D. M. Abbott, and Michael Detrick, who, being by me duly sworn did say that they are President, Secretary, and Treasurer respectively of the Westfield Woods Community Association and authorized to execute the foregoing instrument, and have acknowledged that they have executed the same as their free act and deed.
IN TESTIMONY WHEREOF, I hereunto set my hand and affixed my official seal in the county and state aforesaid, the day and year first above written.
My term expires: