Frisco Heights - Absentee Ballot

DocuSign Envelope ID: C84B6319-86AC-48A8-A658-0973645D682B
Frisco Heights Board of Directors
June 2023
Dear Neighbor,
It has come to our aten�on that many homeowners in Frisco Heights are concerned about the number
and condi�on of leased homes in our community. Currently 101 of the 343 homes in the neighborhood
are leased, or in other terms, 30% of our communi�es’ homes. That is the cap adopted by the
community in July of 2018.
At your request, your elected board members have been working with our Associa�on lawyer to amend
the Rules and Regula�ons Governing Leasing and Rental Proper�es. To reduce the number of leased
homes and/or rentals and officially amend the Rules and Regula�ons Governing Leasing and Rental
Proper�es you must vote to accept or reject the proposed changes. If enough votes are not received to
approve the amendment, the exis�ng rules and restric�ons will remain in effect and the number of
rental proper�es will likely grow larger.
To vote, click on the DocuSign link in the email received and follow the DocuSign instruc�ons.
Those that do not have an email will have an op�on to go to the Frisco Heights Community website
(htp://friscoheights.frontsteps.com/) and download the amendment details, fill out the ballot, and
return to 4Sight either by email or US Mail. Email: HOAinforma�[email protected] or US Mail: 4Sight
Property Management, 4760 Preston Rd. Suite 244-238, Frisco, TX 75034.
Thank you for your �me and aten�on to this important Amendment.
Sincerely,
Eric Dagley, Virginia Mendlik, Kerry Hall
Frisco Heights Board of Directors

ABSENTEE BALLOT & WRITTEN CONSENT
Frisco Heights Owners Association, Inc.
First Amendment to the Declaration
In the event you are unable to attend the Meeting of the Members (TBD) to
vote in person upon the First Amendment to the Declaration for Frisco Heights
Owners Association, Inc. (“Frisco Heights”), this Absentee Ballot may be used to
cast your vote for or against these ballot measures. This Absentee Ballot is valid
to provide my written request for a special meeting of the members to vote
upon the First Amendment to the Declaration for Frisco Heights. The First
Amendment to the Declaration includes Leasing Restrictions to the Declaration.
This ballot shall not expire.
PLEASE INDICATE YOUR VOTE:
□ AGAINST
I vote FOR the First Amendment to the Declaration for Frisco

Heights
□ X AGAINST
I vote AGAINST the First Amendment to the Declaration for Frisco

Heights
Confidential: This Absentee ballot is CONFIDENTIAL. Upon verification of

Owner eligibility to vote, the ballot will be submitted for tallying at the Meeting this
information detached.
Name of Owner Casting Ballot: ________________________________________

Avinoam Y Bloch Esther D Bloch
Signature of Owner Casting Ballot: _____________________________________
Address of Owner Casting Ballot: ______________________________________

15788 Western Trail
Date: ____________________________________________________________
Absentee Ballot- Frisco Heights Page 1

Instructions for Delivery of Absentee Ballot: All Absentee Ballots must be

delivered no later than the date and time of the meeting in one of the following
manner:
1) Delivered in person at the time and place of the meeting to Debbie
Gschwend;
2) Scanned & emailed to Frisco Heights at
[email protected];
3) Mail: Frisco Heights 4760 Preston Rd. Suite 244-238, Frisco, TX 75034
4) DocuSign
Absentee Ballots will not be accepted at any time after the deadline. No person
other than the Member is authorized to case votes on his/her behalf.
“By casting your vote via absentee ballot you will forgo the opportunity to
consider and vote on any action from the floor on any proposal raised at the
meeting, if a meeting is held. This means that if there are amendments to the
First Amendment to the Declaration for Frisco Heights your votes will not be
counted on the final vote on this measure. If you desire to retain this ability,
please attend any meeting in person. You may submit an absentee ballot and
later choose to attend any meeting in person, in which case any in-person vote
will prevail.”
Absentee Ballot- Frisco Heights Page 2

CERTIFICATE FOR
RECORDATION OF DEDICATORY INSTRUMENT OF
FRISCO HEIGHTS OWNERS ASSOCIATION, INC.
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN §
WHEREAS, Section 202.006 of the Texas Property Code requires that “A property owners’
association shall file its dedicatory instruments in the real property records of each county in which
the property to which the dedicatory instruments relates is located.”; and
WHEREAS, Frisco Heights Owners Association, Inc., a Texas nonprofit corporation (the
“Association”) desires to comply with Section 202.006 by filing of record in the real property records
of Collin County, Texas, the attached instrument; and
WHEREAS, the attached instrument constitutes a “dedicatory instrument” as defined by

Section 202.001 of the Texas Property Code; and
WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Frisco Heights
Owners Association, Inc., Executed by D. R. Horton- Texas, Ltd., a Texas limited partnership, as
Declarant, and recorded on March 13, 2002 at Volume 05125, Page 02739 in the Real Property
Records of Collin County, Texas, including any amendments thereof, additions, annexations and
supplements thereto and entitled “Declaration of Covenants, Conditions and Restrictions for Frisco
Heights” (the “Declaration”) subjected to the scheme of development therein certain land described
within the Declaration, Plat and Bylaws;
NOW THEREFORE, the undersigned authorized representative of the Association hereby

executes this Certificate to effect the recording of the dedicatory instrument attached hereto on
behalf of the Association.
[signature page follows]
First Amendment to Declaration of Covenants, Conditions and Restrictions for

Frisco Heights Owners Association, Inc. Page 1
EXECUTED this __ day of June, 2023

A Texas non-profit corporation
By: ______________________________
____________________, President
STATE OF TEXAS § COUNTY OF COLLIN
This instrument was acknowledged before me on the __ day of June, 2023, by

________________________, President and duly authorized agent of Frisco Heights Owners
Association, Inc., a Texas nonprofit corporation, on behalf of said corporation.
___________________________________
Notary Public in and for the State of Texas
After Recording, Return to:
Manning & Meyers, Attorneys at Law
4340 N. Central Expressway, Suite 200
Dallas, TX 75206

FIRST AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR FRISCO HEIGHTS OWNERS ASSOCIATION, INC.
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN §
THAT THIS FIRST AMENDMENT TO DECLARATION is made effective on the date of its filing in
the Collin County Real Property Records by the Frisco Heights Owners Association, Inc. (hereinafter
referred to as "Association").
W I T N E S S E T H:
WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Frisco Heights
Owners Association, Inc., executed by D. R. Horton- Texas, Ltd., a Texas limited partnership, a Texas
limited partnership, as Declarant, recorded on March 13, 2002 at Volume 05125, Page 02739 in the
Real Property Records of Collin County, Texas, including any amendments thereof, additions,
annexations and supplements thereto and entitled “Declaration of Covenants, Conditions and
Restrictions for Frisco Heights” (the “Declaration”) designating Frisco Heights Owners Association,
Inc. (the “Association”) to administer and enforce the Covenants and Restrictions contained in the
Declaration; and
WHEREAS, the Declaration, and all amendments and supplements thereto remain in full force
and effect; and
WHEREAS, Article 14 of the Declaration of the Association states in pertinent part:
“14.1. CONSENTS REQUIRED. As permitted by this Declaration, certain

amendments of this Declaration may be executed by Declarant alone, or by the
board alone. Otherwise, amendments to this Declaration must be approved by
owners of at least a majority of the lots.
14.2. METHOD OF AMENDMENT. For an amendment that requires the

approval of owners, this Declaration may be amended by any method selected by
the board from time to time, pursuant to the bylaws, provided the method gives
an owner of each lot the substance if not exact wording of the proposed
amendment, a description of the effect of the proposed amendment, and an
opportunity to vote for or against the proposed amendment.
14.3. EFFECTIVE. To be effective, an amendment must be in the form of a

written instrument (1) referencing the name of the Property, the name of the
Association, and the recording data of this Declaration and any amendments
hereto; (2) signed and acknowledged by an officer of the Association, certifying
the requisite approval of owners and, if required, Eligible Mortgagees; and (3)

recorded in the real property records of every county in which the Property is
located…”
WHEREAS, Section 209.0041(h) of the Texas Property Codes states that "a declaration may
be amended only by a vote of 67 percent of the total votes allocated to property owners in the
property owners’ association, in addition to any governmental approval required by law. If the
declaration contains a lower percentage, the percentage in the declaration controls.”
WHEREAS, Section 209.0041(e) and (f) of the Texas Property Codes state that:
“(e) This section applies to a dedicatory instrument regardless of the date on which
the dedicatory instrument was created.
“(f) This section supersedes any contrary requirement in a dedicatory instrument”.
WHEREAS, the Association, desires to amend the Declaration in certain respects;
WHEREAS, the Association has met the requirements of Article 14 of the Declaration and
Section 209.0041(h) of the Texas Property Code. This amendment was approved at a duly called
meeting of the Members held in 2023.
WHEREAS, the terms and provision of the Frisco Heights Owners Association, Inc. Declaration,
except as modified herein, are hereby declared to be in full force and effect with respect to the
Property. The Property shall continue to be held, occupied, sold, and conveyed subject to the terms
and conditions of the Frisco Heights Owners Association, Inc. Declaration and any amendments and
supplements thereto. The Declaration, and any amendments and supplements thereto shall run with
title to the Property and are binding on all parties having any right, title, or interest in and to the
Property or any part thereof, including their heirs, representatives, successors, transferees, and
assigns, and shall inure to the benefit of each Owner thereof.
WHEREAS, the effective date of this Amendment shall be the date of filing in the Collin Real
Property Records.
RESOLVED, that pursuant to the provisions of Article 14 of the Declaration and any
amendments and supplements thereto of Frisco Heights Owners Association, Inc. are hereby
amended with the following First Amendment to the Declaration of Frisco Heights Owners
Association, Inc. Frisco Heights Owners Association, Inc. declares that the Property and all portions
thereof are and shall be held, transferred, assigned, sold, conveyed and occupied subject to all
covenants, conditions, restrictions, easements, liens and charges contained in the Declaration, as
modified and amended herein.
NOW, THEREFORE, the Frisco Heights Owners Association, Inc. Declaration is hereby
amended as follows:

1) Article 5, Section 5.16 is hereby redacted in full and replaced, and shall now read as follows:
5.16. LEASING OF HOMES. An owner may only lease the dwelling on their
lot subject to the restrictive covenants set forth below.
5.16.1. DEFINITIONS.
a. Association- “Association” means the Frisco Heights
Owners Association, Inc.
b. Dedicatory Instruments- “Dedicatory Instruments” means
each governing instrument covering the establishment,
maintenance, and operation of the Association. This term
includes the Declaration, Bylaws, Policies, and Rules and
Regulations of the Association and all amendments
thereto.
c. Homeowners- “Homeowners” means the same as Owner
or Owners under these Leasing Restrictions and the
Dedicatory Instruments of the Association.
d. Landlord- “Landlord” means the owner of the Property,
even if that owner has a management company that is in
charge of leasing the Property.
e. Lease- A “lease” includes any written agreement between
a landlord and a tenant that establishes or modifies the
terms, conditions or other provisions regarding the use
and occupancy of the Property. All leases must be in
writing.
f. Leasing- “Leasing” is defined as the regular, exclusive
occupancy of the residence on the Property by any person
other than the Owner for which the Owner, or any
designee of the Owner receives any consideration or
benefit, including, but not limited to, a fee, service,
gratuity or emolument. If the Property is owned by a trust
and the beneficiary of the trust is living in the Property,
that Property shall be considered Owner-occupied rather
than leased.
g. Lessee- “Lessee” shall be considered the same as Tenant
for purposes of these Leasing Restrictions.
h. Lease to Purchase Agreements & Contracts for Deeds-
Shall be considered the same as Leasing for purposes of
these Leasing Restrictions.
i. Renting- “Renting” shall be considered the same as

Leasing for purposes of these Leasing Restrictions.

j. Tenant- “Tenant” means the person(s) authorized by the
lease to occupy the residence, which would include the
named lessee(s). There may be more tenants than lessees
for a Property unless the context indicates otherwise.
5.16.2. LEASING APPROVED WITHIN THE ASSOCIATION.

a. Owners may lease their property within Frisco Heights
Owners Association, Inc. after they have owned and lived
in the property for at least one (1) year and the Association
is below the Cap as set forth within Section 5.16.4 of this
Declaration.
b. Any Owner that violates this rule shall be fined $200.00 for
every day that the violation continues.
5.16.3. LEASE SUBMISSION.

a. Homeowners leasing their property must submit a copy of
the lease and a copy of the Association Rental Form to the
Association within ten days of execution of the lease. The
Association Rental Form must include:
1. The name and date of birth of every adult occupant
of the property;
2. Phone number and email address of adult tenants
and occupants of the property; and
3. Criminal Background Check for each adult occupant
of the Property to be leased.
4. $300.00 Rental Fee payable to the Association.
b. All leases must be in writing. No oral or non-written leases
are acceptable. All leases must explicitly state that each
lease is subject to the terms of the Dedicatory Instruments
of the Association.
c. Landlords must certify the following in each Association
Rental Form:
1. The tenant and all occupants have not been
convicted of a violent crime felony or assault &
battery misdemeanor; and
2. The tenant and all occupants do not appear on the
Federal or any State Sex Offender Registry.
3. That the owner has lived in the property at least one
year prior to placing the property for lease.

d. Homeowners currently leasing their property at the time

these Leasing Restrictions go into effect must abide by all
requirements under Section 5.16.3a of these Leasing
Restrictions.
e. Owners who do not reside at Frisco Heights Owners
Association, Inc., are required to provide their current
address, email address and phone number to the
Association. No PO Boxes shall be allowed, only physical
addresses.
f. Any and all subleases will be treated as new leases
submitted to the Association.
g. Should the Association discover any missing information
from the Association Rental Form, the Owner of the
property shall be notified and shall have 30 days to
supplement the Association Rental Form. Should the
Association discover that a tenant or occupant violates
Section 5.16.9 of this Policy, then the Owner shall be
deemed to be in violation of this rule.
h. Landlords must submit a new Rental Form and fee every 3
years, or if a new tenant occupies the property, whichever
is sooner.
i. Any Owner that violates this rule shall be fined $200.00 for
5.16.4. MAXIMUM NUMBER OF RENTAL PROPERTIES.

a. No more than 30% of the properties within the Association
may be leased or be rental properties. This shall be
referred to as the “Cap”.
b. Any Owner that rents their property without Association
approval causing the Association to have greater than 30%
rental capacity shall incur a fine of $200.00 per day for
each day the property is violation of this Section.
c. In the case of an owner who has occupied his property for
at least a year, the Owner may submit a Hardship Petition
to the Association when a condition has caused the need
to rent the property. A Hardship Petition is only necessary
when the total properties rented in the subdivision exceed
30% of all properties in violation of Section 5.16.4a of
d. Should an Owner wish to rent their property, but doing so

would violate Section 5.16.4a of these Leasing

Restrictions, then that Owner may elect to have their
name placed on a waiting list maintained by the
Association. Owners on the waiting list shall maintain
priority when currently leased properties lease expires
and is not renewed by the Owner, is terminated in
accordance with these Leasing Restrictions, or if a current
lease expires and the property is not re-leased within six
(6) months of the property becoming vacant.
5.16.5. QUALIFICATION OF TENANT.

a. All Tenants are required to meet all qualifications as
contained in these Leasing Restrictions. A Landlord may
not rent to a tenant if that tenant has not satisfied all
qualifications in these Leasing Restrictions and has not
provided evidence of such qualifications to the
Association.
5.16.6. OCCUPANCY RESTRICTIONS.

a. Subject to any exception under State, Local or Federal Law,
the Maximum number of persons that may occupy a
property is 8. Should an owner wish to have more than 8
persons occupy a property then they may apply for a
variance or hardship petition to the Board of Directors.
b. No person under the age of 18 years of age may reside in
a home unless such residence is with a parent, legal
guardian or designee in writing as such minor’s parent or
legal guardian. An owner must provide satisfactory proof
of ages and relationship status among the occupants of
such owner’s property upon the request of the
Association.
c. No property may be occupied by a person who constitutes
a threat to the health or safety of other persons, or whose
occupancy could result in physical damage to the property
of others.
d. Rentals of less than 100 percent of the property are
prohibited. No fraction or part of a residence may be
leased.

e. In the case of a tenant who wishes to lease their property

in violation of this rule, the owner may submit a Hardship
Petition to the Association when a condition has caused
the need to rent the property.
f. Any Owner that violates this rule shall be fined $200.00 for
5.16.7. MINIMUM RENTAL PERIOD.

a. No owner may rent their property for a term of less than
twelve months unless otherwise approved by the board in
writing.
b. Daily, Weekend, Weekly and Monthly rentals are
hereinafter prohibited.
c. End of current lease carryover month-to-month terms are
permitted if the lease, which has reached its stated end
date, had a one year or greater original term, and the
month-to-month carryover does not last more than six
months.
d. Any Owner that violates this rule shall be fined $200.00 for
5.16.8. BUSINESS USE.

a. No business, trade or similar activity may be conducted in
or from any Lot, except that an Owner or Resident residing
in a Lot may conduct business activities within the Lot so
long as: (i) the existence or operation of the business
activity is not apparent or detectable by sight, sound or
smell from outside the Lot, (ii) the business activity
conforms to all zoning requirements for the Property, (iii)
the business activity does not noticeably increase the level
of vehicular or pedestrian traffic or the number of vehicles
parked in the Association, (iv) the business activity does
not involve door-to-door solicitation of residents of the
Association, (v) the business activity is consistent with the
residential character of the Association and does not
constitute a nuisance or a hazardous or offensive use, or
threaten the security or safety of other residents.

5.16.9. TENANTS WITH CRIMINAL BACKGROUNDS.

a. No owner may rent their property to a tenant or occupant
that has been convicted of any felony or misdemeanor
crime involving violence; crimes against persons: use of
firearms; sex crimes; illegal drugs; robbery; aggravated
robbery; murder; criminal gang activity; discharge of
firearms; gambling; manufacture, sale or use of drugs;
manufacture or sale of alcoholic beverages; prostitution;
theft; burglary; larceny; destruction of property; or any
crime involving a minor; stalking; terrorism; or
b. No owner may rent their property to a tenant or occupant
that is a registered sex offender. For purposes of this
provision, a "registered sex offender" is a person who is
registered as a Level 3 (High Risk) or Level 2 (Moderate
Risk) sex offender pursuant to Chapter 62 of the Texas
Code of Criminal Procedure (Sex Offender Registration
Program as it now exists or as it may be amended in the
future), or pursuant to any other law of the State of Texas,
or any local municipal or county ordinance, or pursuant to
any other state or federal law or regulation. "Registered
sex offender'' for purposes of this Section also includes a
person who is required to register as a sex offender and
who is required to have a risk assessment but who has not
been assigned a risk assessment level by the applicable
authority or for whom such a risk assessment level is not
yet available to the public via the applicable registry
program.
c. Tenants who have been found guilty of one or more of the
criminal offenses outlined in Section 5.16.9a above may
reside within the Association twenty years after the
expiration of the associated probationary period and/or
parole period associated with their offense. This includes
person(s) who have received deferred adjudication and/or
have not yet satisfied the probationary period of a
deferred adjudication for any of the above mentioned
offences. This provision does not apply to tenants or
occupants that have been found guilty of a crime in
violation of Section 5.16.9b above. Tenants or occupants

in violation of Section 5.16.9b above may never occupy or

rent a property within the Association.
d. Any Owner that violates this rule shall be fined $200.00 for
5.16.10. COMPLIANCE WITH ASSOCIATION RULES & REGULATIONS.

a. Each Landlord must provide their Tenant with a copy of
the Association Declaration, Bylaws and any and all Rules
and Regulations of the Community. For the purposes of
this provision, Landlords may comply by providing digital
copies to their Tenants.
b. All Tenants must comply with the Declaration, Bylaws and
Rules and Regulations of the community. A statement
requiring such must appear in the Tenant’s lease. Owners
are subject to being fined for failure of their Tenants to
abide by the Declaration, Bylaws and Rules and
Regulations of the Community.
c. Each Owner shall be responsible for all violations and
losses or damage resulting from violations by tenants,
guests or occupants of that owner’s property.
Notwithstanding the fact that such tenants or occupants
are fully liable and may be personally sanctioned for any
violation.
d. When the Association notifies an owner of his tenant’s
violation, the Owner shall promptly obtain his tenants
compliance or exercise his rights as a landlord for the
tenant’s breach of the lease. If the tenant’s violation
continues or is repeated, and if the owner is unable,
unwilling, or unavailable to obtain his tenant’s
compliance, then the association has the power and right
to pursue the remedies of a landlord under the lease or
state law for the default in the lease, including eviction of
the tenant. In the event the Association proceeds as agent
and attorney in fact and on behalf of the Owner, to evict
the tenant and occupants, any costs, including attorney’s
fees and court costs, associated with the eviction may be
assessed as an Individual Assessment against the Property.
e. The Owner of a leased Property is liable to the Association
for any expenses incurred by the association in connection
with enforcement of the Dedicatory Instruments against

that owner’s tenant.

f. Each OWNER HEREBY APPOINTS THE ASSOCIATION AS THE
OWNER’S ATTORNEY IN FACT FOR THE PURPOSES OF
TAKING LEGAL ACTION TO DISPOSSESS, EVICT, OR
OTHERWISE REMOVE THE OCCUPANTS OF THE OWNER’S
PROPERTY AS THE BOARD OF DIRECTORS MAY DEEM
NECESSARY TO ENFORCE COMPLIANCE WITH THE
DEDICATORY INSTRUMENTS OF THE ASSOCIATION.
g. A Landlord may not use the Amenities of the Association
if that Landlord’s Tenant is using the amenities.
h. A Homeowner that is delinquent in any fines, assessments,
collection costs or fees owing to the Association and fails
to cure the delinquency with 60 days after written
notification will have their Authority to Rent terminated
and may be subject to additional fines and penalties under
i. A Homeowner that is in violation of these Leasing
Restrictions, and fails to cure that violation, will have their
Authority to Rent terminated and may be subject to
additional fines and penalties under these Leasing
Restrictions.
j. Any owner that violates this rule shall incur a fine of
$200.00 per day and is subject to having their ability to
rent their property within the Association revoked.
5.16.11. CONTENTS OF LEASE.

a. Each Owner acknowledges and agrees that any lease of a
Property shall be required to contain the following
language and that if such language is not expressly
contained in the lease, then such language shall be
deemed as being incorporated into the lease. Any
lessee/tenant, by occupancy of a residence, agrees to the
incorporation of the following language into the lease:
1. The tenant (lessee) named in this lease and all
occupants of the leased Property shall comply with
all provisions of the Dedicatory Instruments of the
Association and shall control the conduct of all other
occupants and guests of the leased residence in
order to ensure their compliance.
2. Any violation of the Dedicatory Instruments of the

Association, federal or state law, or local ordinance

by the tenant (lessee), by any occupant, by any
person living with the lessee, or by any invitee of the
tenant is deemed to be a default under the terms of
the lease and authorizes the Owner to terminate the
lease without liability and to evict the lessee in
accordance with Texas law. The Owner hereby
delegates and assigns to the Association, acting
through its Board of Directors, the power and
authority of enforcement against the lessee for
breaches resulting from the violation of the
Dedicatory Instruments of the Association, including
the power and authority to evict the lessee and
occupants as the attorney-In-fact on behalf and for
the benefit of the Owner.
3. The Owner transfers and assigns to the lessee, for
the term of the lease, any and all rights and
privileges that the Owner has to use the Common
Area including, but not limited to, the use of all
recreational facilities and other amenities.
b. Any lease entered into without complete and full
compliance of the Dedicatory Instruments of the
Association and without compliance with these Leasing
Restrictions shall be deemed void and of no force and
effect and shall confer no interest in a Property or
residence to the purported tenant or lessee.
c. Any owner that violates this rule shall incur a fine of
$200.00 per day until the violation is cured.
5.16.12. INDEMNITY & REPRESENTATION.

a. The requirements within the above Leasing Restrictions do
not constitute a guarantee or representation to other
owners within the Association that persons residing within
the Community have not been convicted of a crime or are
subject to deferred adjudication for a crime.
b. All current and future owners, residents, guests and
invitees understand and agree that the Association and its
Directors, Officers, Representatives, Agents, Employees
and Attorneys have no obligation to, and will not take any
affirmative action to, perform any checks or investigations

to determine if owners, occupants or tenants have

Criminal Background.
c. Each owner, resident, tenant and occupant understands
and agrees for himself and his guests that the Association
and its Directors, Officers, Agents, Representatives,
Employees and Attorneys are not providers, insurers or
Guarantors of Security within the Frisco Heights Owners
Association, Inc. Each Owner, resident, tenant and
occupant accepts his or her sole responsibility to provide
security for their own person and property and assumes
the risk for any and all loss or damage to same.
d. Each owner, resident, tenant or occupant is responsible
for maintaining appropriate insurance coverage upon the
Property.
e. Reasonable accommodations shall be made to all tenants
in compliance with the Federal Fair Housing Act and all
applicable State and Federal Laws.
f. Each owner, by leasing their property within the
Association, agrees to indemnify the Association and its
Board of Directors from any and all causes of action arising
out of the leasing of their property or action by any tenant,
lessee, occupant or guest of the property.
5.16.13. SAVINGS CLAUSE.

a. It is not the intent of these Leasing Restrictions to
discriminate against any individual subject to protections
under any state or federal law; if it is found that any
provision of this policy is in violation of any law, then that
provision shall be interpreted to be as restrictive as
possible to preserve as much of the original provision as
allowed by law.
[signature page follows]

IN WITNESS WHEREOF, the undersigned President of the Frisco Heights Owners

Association, Inc. certifies that this amendment is in the form of a written instrument (1)
referencing the name of the Property, the name of the Association, and the recording data
of the Declaration and; (2) signed and acknowledged by an officer of the Association,
certifying the requisite approval of owners. The President of Frisco Heights Owners
Association has caused this First Amendment to the Declaration for Frisco Heights Owners
Association, Inc. to be effective as of the date of its filing in the Collin County Clerk’s Office.
EXECUTED this __ day of April, 2023

A Texas non-profit corporation
By: ______________________________
________________________, President
STATE OF TEXAS § COUNTY OF COLLIN
This instrument was acknowledged before me on the __ day of April, 2023, by

________________________, President and duly authorized agent of Frisco Heights Owners
Association, Inc., a Texas nonprofit corporation, on behalf of said corporation.
___________________________________
Notary Public in and for the State of Texas
After Recording, Return to:
Manning & Meyers, Attorneys at Law
4340 N. Central Expressway, Suite 200
Dallas, TX 75206


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DocuSign Envelope ID: C84B6319-86AC-48A8-A658-0973645D682B

Frisco Heights Board of Directors

Eric Dagley, Virginia Mendlik, Kerry Hall

Frisco Heights Board of Directors

ABSENTEE BALLOT & WRITTEN CONSENT

Frisco Heights Owners Association, Inc.

First Amendment to the Declaration

PLEASE INDICATE YOUR VOTE:

I vote FOR the First Amendment to the Declaration for Frisco

I vote AGAINST the First Amendment to the Declaration for Frisco

Confidential: This Absentee ballot is CONFIDENTIAL. Upon verification of

Name of Owner Casting Ballot: ________________________________________

Signature of Owner Casting Ballot: _____________________________________

Address of Owner Casting Ballot: ______________________________________

Absentee Ballot- Frisco Heights Page 1

Instructions for Delivery of Absentee Ballot: All Absentee Ballots must be

Absentee Ballot- Frisco Heights Page 2

WHEREAS, the attached instrument constitutes a “dedicatory instrument” as defined by

NOW THEREFORE, the undersigned authorized representative of the Association hereby

[signature page follows]

First Amendment to Declaration of Covenants, Conditions and Restrictions for

EXECUTED this __ day of June, 2023

Frisco Heights Owners Association, Inc.

STATE OF TEXAS § COUNTY OF COLLIN

This instrument was acknowledged before me on the __ day of June, 2023, by

First Amendment to Declaration of Covenants, Conditions and Restrictions for

WHEREAS, Article 14 of the Declaration of the Association states in pertinent part:

“14.1. CONSENTS REQUIRED. As permitted by this Declaration, certain

14.2. METHOD OF AMENDMENT. For an amendment that requires the

14.3. EFFECTIVE. To be effective, an amendment must be in the form of a

First Amendment to Declaration of Covenants, Conditions and Restrictions for

“(f) This section supersedes any contrary requirement in a dedicatory instrument”.

WHEREAS, the Association, desires to amend the Declaration in certain respects;

First Amendment to Declaration of Covenants, Conditions and Restrictions for

First Amendment to Declaration of Covenants, Conditions and Restrictions for

Leasing for purposes of these Leasing Restrictions.

5.16.2. LEASING APPROVED WITHIN THE ASSOCIATION.

5.16.3. LEASE SUBMISSION.

First Amendment to Declaration of Covenants, Conditions and Restrictions for

d. Homeowners currently leasing their property at the time

5.16.4. MAXIMUM NUMBER OF RENTAL PROPERTIES.

First Amendment to Declaration of Covenants, Conditions and Restrictions for

would violate Section 5.16.4a of these Leasing

5.16.5. QUALIFICATION OF TENANT.

5.16.6. OCCUPANCY RESTRICTIONS.

First Amendment to Declaration of Covenants, Conditions and Restrictions for

e. In the case of a tenant who wishes to lease their property

5.16.7. MINIMUM RENTAL PERIOD.

5.16.8. BUSINESS USE.

First Amendment to Declaration of Covenants, Conditions and Restrictions for

every day that the violation continues.

5.16.9. TENANTS WITH CRIMINAL BACKGROUNDS.

First Amendment to Declaration of Covenants, Conditions and Restrictions for

in violation of Section 5.16.9b above may never occupy or

5.16.10. COMPLIANCE WITH ASSOCIATION RULES & REGULATIONS.

First Amendment to Declaration of Covenants, Conditions and Restrictions for

that owner’s tenant.

5.16.11. CONTENTS OF LEASE.

First Amendment to Declaration of Covenants, Conditions and Restrictions for

Association, federal or state law, or local ordinance

5.16.12. INDEMNITY & REPRESENTATION.

First Amendment to Declaration of Covenants, Conditions and Restrictions for