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Save your Pools!    Save your Parks!    Save your Money!

First Colony Common Petition

Do you, as a First Colony homeowner, give your written consent

to add the following notice and voting rights to Article VI, Section 1

(The Common Area) of the First Colony Declaration?

“The Association will not permanently close or materially alter any First Colony pool, park, or playground unless it first does the following: (a) notifies by U.S. mail at least 75% of Class A Members in any subdivision(s) which share a common legal boundary with the pool, park, or playground; (b) describes the proposal and its budget; (c) focuses the mailing only on the proposal and its budget; (d) includes the text of this Article VI, Section 1 in the mailing; and (e) waits sixty (60) days after the last notice letter was mailed.  If the Association complies with these notice requirements and, after sixty (60) days, has not received written ‘No’ votes from more than 50% of Class A Members in the noticed subdivision(s), the Association may then proceed with the described project and funding.  To be effective, votes must be in writing and delivered to the Association (by email, hand delivery, or U.S. mail).  Votes do not need to be notarized and may be collected via the internet.  These notice and voting rights will become effective immediately and apply to all phases of the 2009 Master Amenities Plan including specifically the proposed closure of the Alcorn Oaks, Austin Park, Creekshire, Crescent Lake, and Woodstream pools and the installation of a splash park/dragon in Lakes of Edgewater.  The Association will interpret and apply these Owner rights broadly.  Routine maintenance, however, and alterations to any amenity costing less than $10,000 total in any one (1) year are outside the scope of this amendment.” 

We, the undersigned First Colony “Class A Members” (defined herein as “All Owners with the exception of Sugarland Properties Incorporated”), indicate by our signatures on this written consent our approval or disapproval of this proposed amendment to the Amended and Restated Declaration of Covenants, Conditions, and Restrictions for First Colony recorded in the Official Public Records of Real Property of Fort Bend County, Texas (defined herein as the “First Colony Declaration”).  This petition was first circulated on or about July 1, 2010.  Each of us acknowledges by signing this petition that we have reviewed the proposed amendment and given written consent for it to be delivered to the Association in accordance with the First Colony Declaration and the Amended and Restated Bylaws of First Colony Community Association, Inc., including specifically Article XIV Section 2(a) (Amendment By the Members) of the First Colony Declaration.  Each of us also affirms by our signature that the information provided below is authentic and accurate and hereby require the Association to contact any person individually in writing before the Association dismisses that person’s written consent as inauthentic or otherwise inadequate.  If a majority of the Class A Members deliver their written consents to the Association in support of the proposed amendment, pursuant to Article II Section 12 of the First Colony Bylaws and Article XIV Section 2(a) of the First Colony Declaration, the amendment will become effective upon delivery to the Association so long as delivery is on or before June 30, 2011.  Within ten (10) business days of the effective date, an officer of the Association will certify that the amendment(s) is/are valid and record same in the Official Public Records of Real Property of Fort Bend County, Texas.  Pursuant to Article II Section 7 of the First Colony Bylaws and the Texas Non-Profit Corporation Act § 22.160(d), Members may vote by “email” or “electronic message.”

For more information on the Master Amenities Plan or a complete copy of the First Colony Bylaws and First Colony Declaration, please visit www.firstcolony.org

Notes:

Only one signature from each household is needed.  You must be the homeowner to sign.  Once you have signed this petition electronically, we will send you a follow-up email to confirm your mailing address and neighborhood so the FCCA can match up your signature with their records.  It may be a couple of days before you receive it because this is a volunteer effort.  THANK YOU!”

If you would like an electronic copy of the petition to collect handwritten signatures, please contact commonpetition@yahoo.com for a pdf version. 

Send any questions, comments or inquiries to commonpetition@yahoo.com