BYLAWS 6600 FOREST ESTATES HOMEOWNERS ASSOCIATION, INC.
(a Texas non-profit Corporation) Bylaws of 6600 Forest Estates Homeowners Association, Inc.
1 ' 6600 FOREST ESTATES HOMEOWNERS ASSOCIATION, INC.
ARTICLE 1 INTRODUCTION 1.1, Property. These Bylaws of 6600 Forest Estates Homeowners Association, Inc., provide for the governance of the neighborhood regime (the "Property") known as 6600 Forest Estates, as more particularly described in that certain Declaration of Covenants, Conditions and Restrictions for 6600 Forest Estates Homeowners Association, Inc., recorded in the Official Public Records of Dallas County, Texas (the "Declaration").
1.2. Parties to Bylaws. All present or future Owners of Property and ali other persons who use or occupy the Property in any manner are subject to these Bylaws, the Declaration, and the other Documents as defined in the Declaration. The mere acquisition or occupancy of the Property will signify that these Bylaws are accepted, ratified, and wiil be strictly followed.
1.3. Definitions, Words and phrases defined in the Declaration have the same meanings when used in these Bylaws. Article 1 of the Declaration is incorporated ‘herein by reference.
1.4. Nonprofit Purpose. The Association is organized to be a nonprofit corporation.
1.5. General Powers and Duties. The Association, acting through the Board, has the powers and duties necessary for the administration of the affairs of the Association and for the operation and maintenance of the Property as may be required or permitted by the Documents and Texas law. The Association may do any and all things that are lawful and which are necessary, proper, or desirable in operating for the
he Property as may be required or permitted by the Documents and Texas law. The Association may do any and all things that are lawful and which are necessary, proper, or desirable in operating for the best interests of its Members, subject only to the limitations upon the exercise of such powers as are expressly set forth in the Documents.
ARTICLE 2 BOARD OF DIRECTORS 2.1. Governance, Until one hundred and twenty (120) days after ninety-nine percent (99%) of the Properties which may be created pursuant to this Declaration have been conveyed to Owners other than the Declarant (the "99% Trigger Date"), the Board will consist of three (3) members appointed by the Declarant. On the 99% will be appointed by the Declarant; and (ii) one (1) member will be appointed by Property owners other than the Declarant. Not later than one hundred and twenty (120) days after ninety percent (99%) of the Properties which may be created pursuant fo this Dectaration have been conveyed to Owners other than the Declarant (the "99% Trigger Bylaws of 6600 Forest Estates Homeowners Association, Inc. Z Date"), the Board will consist of a minimum of (3) members appointed as follows: (i) One (1) members will be appointed by the Declarant; and (ii) two (2) members will be appointed by Property owners other than the Declarant. Declarant shall have the sole Tight to appoint and remove members of the Board appointed by Declarant.
2.2. Qualification. The following qualifications apply to the election or appointment of persons to the Board other than those appointed by Declarant.
2.2.1. Owners, The directors must be Members of the Association or spouses of Members.
lifications apply to the election or appointment of persons to the Board other than those appointed by Declarant.
2.2.1. Owners, The directors must be Members of the Association or spouses of Members.
2.2.2. Entity Member. If a Property is owned by a legal entity, such as a partnership or corporation, any officer, partner, agent, or employee of that entity Member is eligible to serve as a director and is deerned to be a Member for the purposes of this Section. If the relationship between the entity Member and the director representing i it terminates, that directorship will be deemed vacant.
2.2.3, Delinquency. No person may be elected or appointed as a director if any assessment against the person or his Property is delinquent at the time of election or appointment, provided he has been given notice of the delinquency and a reasonable opportunity to cure the delinquency.
2.2.4. Litigation. No person may be elected or appointed as a director if the person is a party adverse to the Association or the Board in pending litigation to which the Association or the Board is a party.
2.3. Meetings of the Board, 2.3.1. Organizational Meeting of the Board, Within thirty (30) days after the annual meeting, the directors will convene an organizational meeting for the purpose of electing officers. The time and place of the meeting will be fixed by the Board and announced to the directors.
2.3.2, Regular Meetings of the Board. Regular meetings of the Board raay be held at a time and place that the Board determines and from time to time at the Board’s sole discretion, but at least one (1) such meeting must be held annually. Notice of regular meetings of the Board will be given to each director, personally or by telephone, written, or electronic communication, at least three (3)
one (1) such meeting must be held annually. Notice of regular meetings of the Board will be given to each director, personally or by telephone, written, or electronic communication, at least three (3) days prior to the date of the meeting.
2.3.3. Special Meetings of the Board. Special meetings of the Board may be called by the president or, if he is absent or refuses to act, by the secretary, or by any two (2) directors, At least three (3) days notice will be given to each director, personally or by telephone, written, or electronic communication, which notice must state the place, time, and purpose of the meeting. Owners may call for a Special Meeting by written petition to the Board which shall Bylaws of 6600 Forest Estates Homeowners Association, Inc. 3 require fifty-one percent (41%) of the affirmative vote from the Owners of record.
2.3.4. Emergency Meetings. In case of emergency, the Board may convene a meeting after making e diligent attempt to notify each director by any practical method.
2.3.5. Conduct of Meetings. The president presides over meetings of the Board unless he/she delegates the responsibility to another and the secretary keeps, or causes to be kept, a record of resolutions adapted by the Board and a record of transactions and proceedings, occurring at meetings.
2.3.6. Quorum. At meetings of the Board, a Majority of directors constitutes a quorum for the transaction of business, and the acts of the Majority of the directors present at a meeting at which a quorum is present are : the acts of the Board. If less than a quorum is present at a meeting of the Board, the Majority of those present may adjourn the meeting from time to time. At any reconvened meeting at which a quorum is present, any business that may
an a quorum is present at a meeting of the Board, the Majority of those present may adjourn the meeting from time to time. At any reconvened meeting at which a quorum is present, any business that may have been transacted at the meeting as originally called may be transacted without further notice. Directors may not participate by proxy at meetings of the Board, 2.3.7. Tel e Meetings. Members of the Board or any comunittee of the Association may participate in and hold meetings of the Board or committee by means of conference telephone or similar communications equipment by means of which ail persons participating in the meeting can hear each other, Participation in such meeting constitutes presence in person at the meeting, except where a person participates in the meeting for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened.
2.3.8. Action without a Meeting, Any action required or permitted te be taken by the Board at a meeting may be taken without a meeting, if all directors individually or collectively consent in writing to such action. The written consent must be filed with the minutes of Board meetings. Action by written consent has the same force and effect as a unanimous vote. This Section does not apply to actions that require meetings under the Act.
2.4. Powers and Duties. The Board has all the powers and duties necessary for the administration of the Association and for the operation and maintenance of the Property. The Board may do all acts and things except those which, by law or the Documents, are reserved to the Declarant or Members and may not be delegated to the Board. Without prejudice to the general and specific powers
do all acts and things except those which, by law or the Documents, are reserved to the Declarant or Members and may not be delegated to the Board. Without prejudice to the general and specific powers and duties set forth in Jaws or the Documents, or powers and duties as may hereafter be imposed on the Board by resolution of the Association, the powers and duties of Bylaws of 6600 Forest Estates Homeowners Association, Inc. 4 the Board include, but are not limited to, the following: 2.4.1. Appointment of Committees. The Board, by resolution, may from time to time designate standing or ad hoc committees to advise or assist the Board with its responsibilities. The resolution may establish the purposes and powers of the committee created, provide for the appointment of a chair and committee Members, and may provide for reports, termination, and other administrative matters deemed appropriate by the Board. Members of comunittees will be appointed from among the Owners and residents.
2.4.2 Rules and Regulations. The Board, by resolution, may from time to time adopt or amend rules and regulations of the Association. The rules and regulations shall establish additional rules upon the Association or may clarify or amend certain existing rules or regulations which shall be subject to periodic review and change at the Declarant’s or Board’s sole discretion.
2.4.3 Manager. The Board may employ a manager or managing agent for the Association, at a compensation established by the Board, to perform duties and services authorized by the Board.
ARTICLE 3 OFFICERS 3.1. Designation. The principal officers of the Association are the president, the secretary, and the treasurer. The Board may appoint one (1) or more vice-presidents and
the Board.
ARTICLE 3 OFFICERS 3.1. Designation. The principal officers of the Association are the president, the secretary, and the treasurer. The Board may appoint one (1) or more vice-presidents and other officers and assistant officers as it deems necessary. The president and must be directors. Other officers must be Members. Any two (2) offices may be held by the same person, except the offices of president and secretary. If an officer is absent ot unable to act, the Board may appoint a director to perform the duties of that officer and to act in place of that officer, on an interim basis.
3.2. Elections. The elections for Members of the Board shall be held during an annual meeting or a special meeting called specifically for that purpose. There shall be a minimum of three and maximum of five seats on the Board. The Board shall have the right to change the number of seats on a Board by Resolution and by majority vote of the Board. The change in number of seats / members on the Board may only take place in conjunction with an election. The Resolution must be completed prior to the notice of annual meeting being delivered to the Members and the notice must include the announcement of the increase in Board members. Upon election, members of the Board shall serve the following terms: a three (3) person board shall have two (2) members serving & two year term and one (1) member serve a one year term; a five (5) person board shail have three (3) members serving a two (2) year term and two (2) members serving 4 one (1) year term. Those persons receiving the highest number of votes shall hold the longer terms.
Bylaws of 6600 Forest Estates Homeowners Association, Inc. § 3.2. Election of Officers. The officers are elected by the directors at the
eiving the highest number of votes shall hold the longer terms.
Bylaws of 6600 Forest Estates Homeowners Association, Inc. § 3.2. Election of Officers. The officers are elected by the directors at the organizational meeting of the Board and shall hold office at the pleasure of the Board.
Except for resignation or removal, officers hald office until their respective successors have been designated by the Board.
3.3. Removal _and Resignation of Officers. A Majority of directors may remove any officer, with or without cause, at any regular meeting of the Board or at any special meeting of the Board called for that purpose. A successor may be elected at any regular or special meeting of the Board called for that purpose. An officer may resign at any time by giving written notice to the Board. Unless the notice of resignation states otherwise, it is effective when received by the Board and does not require acceptance by the Board. The resignation or removal of an officer who is also a director does not constitute resignation or removal from the Board. Declarant reserves specific rights regarding the appointment and removal of members of the Board.
3.4. Standard of Care, In performing their duties, the officers are required to exercise the standards of care provided by Sectian 82.103(2) and (f) of the Act and by Section 3.105 of the Texas Business Organizations Code.
3.5. Description of Principal Offices.
3.5.1. President, As the chief executive officer of the Association, the president: (i) presides at all meetings of the Association and of the Board or appoints another to reside in his/her place; Gi) has all the general powers and duties which are usually vested in the office of president of a corporation
tings of the Association and of the Board or appoints another to reside in his/her place; Gi) has all the general powers and duties which are usually vested in the office of president of a corporation organized under the laws of the State of Texas; (iii) has general supervision, direction, and control of the business of the Association, subject to the control of the. Board; and {iv) sees that all orders and resolutions of the Board are carried into effect.
3.5.2. Secretary. The secretary: (i} keeps or causes to be kept, the minutes of all meetings of the Board and of the Association; (ii) has charge of such books, papers, and records as the Board may direct; (iii) maintains or causes to be maintained a record of the names and addresses of the Members for the mailing of notices; and (iv) in general, performs all duties incident to the office of secretary.
3.5.3. Treasurer, The treasurer: (i) is responsible for Association funds; (i) keeps or causes to be kept, full and accurate financial records and books of account showing ail receipts and disbursements; (iil) prepares or causes to be prepared all required financial data and tax retums; (iv) deposits or oversees the deposits of all monies or other valuable effects in the name of the Association in depositories as may from time to time be designated by the Board; (v) prepares or causes to be prepared the annual and supplemental budgets of the Association; (vi) reviews the accounts of the managing agent Bylaws of 6600 Forest Estates Homeowners Association, Inc. 6 !
t i i i on 4 monthly basis in the event a managing agent is responsible for collecting and disbursing Association funds; and (vii) performs ail the duties incident to the office of treasurer.
Inc. 6 !
t i i i on 4 monthly basis in the event a managing agent is responsible for collecting and disbursing Association funds; and (vii) performs ail the duties incident to the office of treasurer.
3.6. Authorized Agents. Except when the Documents require execution of certain instruments by certain individuals, the Board may authorize any person to execute instruments on behalf of the Association. In the absence of Board designation, the president and the secretary are the only persons authorized to execute instruments on behalf of the Association.
ARTICLE 4 MEETINGS OF THE ASSOCIATION 4.1. Annual Meeting. An annual meeting of the Association will be held annually on a date and time specified by the Board. At annual meetings the Members will transact such business of the Association as may properly come before them.
4.2. Special Meétings. It is the duty of the president to call 2 special meeting of the Association if directed to do so by a Majority of the Board or by a petition signed by Owners of at least fifty-one percent (51%) of the Owners. The meeting must be held within thirty (30) days after the Board resolution or receipt of petition. The notice of any special meeting must state the time, place, and purpose of the meeting. No business, except the purpose stated in the notice of the meeting. may be transacted at 2 special meeting.
4.3. Place of Meetings. Meetings of the Association may be held at the Property or at a suitable place convenient to the Members, as determined by the Board.
4.4. Netice of Meetings. At the direction of the Board, written notice of meetings of the Association will be given to an Owner of each Property at least ten (10) days but not more than forty-five (45) days prior to the meeting. Notices of meetings
Board, written notice of meetings of the Association will be given to an Owner of each Property at least ten (10) days but not more than forty-five (45) days prior to the meeting. Notices of meetings will state the date, time, and place the meeting is to be held. Notices will identify the type of meeting to be held and will state the particular purpose of a meeting. Notices may also set forth any other items of information deemed appropriate by the Board.
4.5, Inelipibility. The Board may determine that no Member may vote at meetings of the Association if the Member's financial account with the Association is in arrears forty-five (45) days before the date of a meeting of the Association at which Members will vote, provided cach ineligible Member is given notice of the arrearage and an opportunity to become eligible. The Board may specify the manner, place, and time for payment for purposes of restoring eligibility. A determination of Members entitled to vote at a meeting of the Association is effective for any adjournment of the meeting, provided the date of the adjoumed meeting is not more than forty-five (45) days after the original meeting.
Bylaws of 6600 Forest Estates Homeowners Association, Inc. 7 4.6. Voting Members List. The Board will prepare or cause to be prepared and make available a list of the Association's voting Members in accordance with Section 22.158(b) of the Texas Business Organizations Code.
4.7, Quorum. The quorum for regular meetings of the members in person or by proxy, entitled to cast at least twenty (20%) of all the votes of the Association’s members, without regard to class, shall constitute a quorum. The quorum for special meetings of the members in person or by proxy, entitled to cast at least thirty percent
e votes of the Association’s members, without regard to class, shall constitute a quorum. The quorum for special meetings of the members in person or by proxy, entitled to cast at least thirty percent (30%) of all the votes of the Association’s members, without regard to class, shall constitute a quorum. If the required quorum is not present at any meeting, additional meetings may be called, subject to the notice requirement hereinabove set forth, and the Tequired quorum at such subsequent meeting(s) shall be one-half (1/2) of the quorum requirement for such prior meeting. The Association may call as many subsequent meetings as may be required to achieve a quorum (although the quorum requirement shall in no event be less than one-tenth (1/10) of the votes of the Association). At such adjourned or subsequent meeting at which a quorum shell be present or represented, any business may be transacted which may have been transacted at the meeting as originally notified.
4.8. Lack of Quorum. If a quorum is present at no time (“Lack of Quorum”) during a properly called meeting, a majority af the Members present, although not constituting a quorum, may vote to adjourn the meeting and reconvene with no further notice required. At the reconvened meeting pursuant to this provision, Members constituting a Regular Quorum and Special Quorum will be reduced to one-half (1/2) of the required Regular Quorum and Special Quorum at the preceding meeting; provided however, that such preceding meeting is held not later than thirty (30) days after the first (1) meeting.
4.9. Votes. The vote of Members representing at least a Majority of the votes cast at any meeting at which a quorum is present binds all Members for all purposes,
30) days after the first (1) meeting.
4.9. Votes. The vote of Members representing at least a Majority of the votes cast at any meeting at which a quorum is present binds all Members for all purposes, except when a higher percentage is required by these Bylaws, the Declaration, or by law. Cumulative voting is prohibited.
4.9.1. Co-Owned Properties. If a Property is owned by more than one Member, the vote appurtenant to that Property is cast in accordance with Section 82.110(a) of Act, which is summarized as follows. If only one of the multiple Owners of a Property is present at a meeting of the Association, that person may cast the vote allocated to that Property. If more than one of the multiple Owners is present, the vote allocated to that Property may be cast only in accordance with the Owners’ unanimous agreement. Multiple Owners are in unanimous agreement if one of the multiple Owners casts the vote allocated to a Property and none of the other Owners makes prompt protest to the person presiding over the meeting. One vote per Lot.
4.9.2. Corporation-Owned Properties. If a Property is owned by a corporation, the vote appurtenant to that Property may be cast by any officer Bylaws of 6600 Forest Estates Homeowners Association, Inc. 8 of the corporation in the absence of the corporation's written appointment of a specific person to exercise its vote. The vote of a partnership may be cast by any general partner in the absence of the partners’ written appointment of a specific person. The person presiding over a meeting or vote may require reasonable evidence that a person voting on behalf of a corporation or partnership is qualified to vote. One vote per Lot.
4.9.3. Association-Owned Properties. Votes allocated to a Property
ay require reasonable evidence that a person voting on behalf of a corporation or partnership is qualified to vote. One vote per Lot.
4.9.3. Association-Owned Properties. Votes allocated to a Property owned by the Association may be counted towards a quorum and for all ballots and votes except the election or removal of directors. The vote appurtenant to a Property owned by the Association is exercised by the Board. One vote per Lot.
4.9.4, Declarant-Owmed Properties. Votes allocated to Declarant may be counted towards a quorum and for all ballots and votes including the appointment or removal of directors. The vote appurtenant to property owned by Declarant shall be equal to five (5) votes for every lot owned.
4.10. Proxies. Votes may be cast in person or by written proxy. To be valid, each proxy must: (i) be signed and dated by a Member or his attorney-in-fact; (ii) identify the Property to which the vote is appurtenant; (iii) name the person or title (such as “presiding officer") in favor of whom the proxy is granted, such person having agreed to exercise the proxy; (iv) identify the meeting for which the proxy is given: (v) nok purport to be revocable without notice; and (vi) be delivered to the secretary, to the person presiding over the Association meeting for which the proxy is designated, or to a person or company designated by the Board. Unless the proxy specifies a shorter or longer time, it terminates eleyen (11) months after the date of its execution.
To revoke a proxy, the granting Member must give actual notice of revocation to the person presiding over the Association meeting for which the proxy is designated.
Unless revoked, any proxy designated for a meeting which is adjourned, recessed, or
actual notice of revocation to the person presiding over the Association meeting for which the proxy is designated.
Unless revoked, any proxy designated for a meeting which is adjourned, recessed, or rescheduled is valid when the meeting reconvenes. A proxy may be delivered by email or fax. However, a proxy received by email or fax may not be counted to make or break a tie-vote unless the proxy has been acknowledged or swom to by the Member, before and certified by an officer authorized to take acknowledgments and oaths.
4.11, Conduct ef Meetings. The president, or any person designated by the Board, presides over meetings of the Association. The secretary keeps, or causes to be kept, the minutes of the meeting which should record all resolutions adopted and all transactions occurring at the meeting, as well as a record of any votes taken at the meeting.
4,12. Order Of Business. Uniess the notice of meeting states otherwise or the assembly adopts a different agenda at the meeting, the order of business at meetings of the Association is as follows: Determine votes present by roll call or check-in procedure Bylaws of 6600 Forest Estates Homeowners Association, Inc. 9 Announcement of quorum Proof of notice of meeting Approval of minutes of preceding meeting Reports of Officers (if any) New Business Unfinished or old business 4.13. Adjournmert of Meeting. At any meeting of the Association, a Majority of the Members present at that meeting, either in person or by proxy, may adjourn the meeting, to another time and place.
4.14. Action without Meeting. Subject to Board approval, any action which may be taken by a vote of the Members at a meeting of the Association may also be taken without a meeting by written consents. The Board may permit Members to
bject to Board approval, any action which may be taken by a vote of the Members at a meeting of the Association may also be taken without a meeting by written consents. The Board may permit Members to vote by any method allowed by Section 22.160(b){c) and (d) of the Texas Business Organizations Code, which may include hand delivery, mail, fax, email, or any combination of these. Written consents by Members representing at least a Majority of votes in the Association, or such higher percentage as may be required by the Documents, constitutes approval by written consent. This Section may not be used to, avoid the requirement of an annual meeting and does not apply to the election of directors.
ARTICLE 5 RULES 5.1. Rules. The Board has the right to establish and amend, from time to time, reasonable rules and regulations which may be done by resolution, for: (i) the administration of the Association and the Documents; (ii) the maintenance, management, operation, use, conservation, and beautification of the Property; and (iii) the heaith, comfort, and general welfare of the residents; provided, however, that such rules may not be in conflict with law or the Documents. The Board will, at all times, maintain the then current and complete rules in a written form which can be copied and distributed to the Members.
5.2. Adoption and Amendment. Any rule and regulation may be adopted, amended, or terminated by the Board, provided that the rule and the requisite Board approval are properly recorded as a resolution in the minutes of the meeting of the Board. The Board shall cause to be delivered by U.S, Mail a copy of the resolution to every Owner.
5.3. Distribution. On request from any Member or resident, the Board will
nutes of the meeting of the Board. The Board shall cause to be delivered by U.S, Mail a copy of the resolution to every Owner.
5.3. Distribution. On request from any Member or resident, the Board will provide a current and complete copy of rules and regulations. Additionally, the Board will, from fime to time, distribute copies of the current and complete rules and regulations to Owners through the web or internet by posting on the Association’s web page or pages and, if the Board so chooses, to non-Member residents.
Bylaws of 6600 Forest Estates Homeowners Association, Inc. 10 ARTICLE 6 ENFORCEMENT 6.1. Remedies, The violation of any provision of the Documents gives the Board the following rights, in addition to any other rights set forth in the Documents: 6.1.1. Fines. To impose reasonable fines, if notice and an opportunity to be heard are given. Fines shall not exceed $500.00 per violation occurrence, 6.1.2. Self-Help. After notice and an opportunity to be heard are given, except in case of an emergency, to enter the Property or Common Element in which, or as to which, The violation or breach exists and to summarily abate and remove, at the exnense of the defaulting Owner. the costs of whi all be assessed to the Owner’s account, any structure, thing, or condition (except for additions or alterations of a permanent nature that may exist in that Property) that is contrary to the intent and meaning of the provisions of the Documents. The Board may not be deemed liable for any manner of trespass by this action.
6.1.3. Courts, To enjoin, abate, or remedy, by appropriate legal proceedings, the continuance of any breach.
6.2. Notice and Hearing, Before imposing a fine or exercising self-help
ass by this action.
6.1.3. Courts, To enjoin, abate, or remedy, by appropriate legal proceedings, the continuance of any breach.
6.2. Notice and Hearing, Before imposing a fine or exercising self-help abatement, the Board must give the Owner at least one (1) written notice of viclation and a minimum of ten (10) days to cure the violation. Owners may request a hearing before a committee selected by the Board by submitting a written request for hearing within thirty (30) days of the first violation notice. Notice of hearing date and time must be provided in writing to the Owner within fifteen (15) days of the date of the receipt of Owners request for a hearing. The committee shall endeavor to set a hearing date within thirty (30) days of the date the written request is received however, if conflicting schedules or other such complications arise, the Board shall have up to sixty (60) days in which to set a hearing date. If en owner appeals the decision of the committee after a hearing, the Owner shal! have the right to appeal to the Board. The Board shall set an appeal hearing within thirty (30) days of receipt of the writien request. Written notice of the Board’s decision must be delivered by U.S.
Mail to the Owner no later than ten (10) days after the hearing date. The Board’s decision shall be final. A hearing may be rescheduled at the written request of the Owner or the Board. If fines are being imposed and a hearing is requested, fines shal] be placed on hoid until after the hearing and decision of the hearing committee or Board has been rendered.
6.2.1. Notice of Violation. The Board’s written violation notice will contain the following: (i) the date the violation notice is prepared or mailed; (i)
hearing committee or Board has been rendered.
6.2.1. Notice of Violation. The Board’s written violation notice will contain the following: (i) the date the violation notice is prepared or mailed; (i) a description of the violation; (iii) a reference to the rule or provision of the Documents that is being violated when possible; (iv) a description of the action required to cure the violation; {v) the arnount of the fine to be levied and/or the Bylaws of 6600 Forest Estates Homeowners Association, Inc. il abatement action to be taken; (vi) the date the fine begins accruing or abatement action becomes possible; and (vi) a statement that not later than the 30th day after the date of the violation notice, the Owner may request a hearing before the Board to contest the fine or the abatement action.
6.2.2. Notice to Resident. In addition to giving the written violation notice to the Owner, the Board may also give a copy of the notice to the nonOwner resident, if the Board deems it appropriate. At the discretion of the Board, a tenant or guest of an Owner may be held liable for fines for certain types of violations. If tenant or guest fails to pay the fine after thirty (30) days, the fine will be assessed to the Owners account as the responsible party.
6.2.3. Pending Hearing, Pending the hearing, the Board may continue to exercise the Association's other rights and remedies for the violation, as if the declared violation were valid. The Owner's request for a hearing suspends only the levy of the fine or the abatement action described in the notice.
6.2.4. Hearing. Hearings before the committee shall be held in closed session. Appeal hearings held before the Board may be held in closed or executive session. At all hearings, the panel will consider the facts and
Hearings before the committee shall be held in closed session. Appeal hearings held before the Board may be held in closed or executive session. At all hearings, the panel will consider the facts and circumstances surrounding the violation. The Owner may attend the hearing in person, may be represented by another person or written communication.
No audio or video recording of any hearing may be made.
6.2.5. Minutes of Hearing. The minutes of the hearing must contain a statement of the results of the hearing and the amount of fine, if any, imposed, or abatement action, if any, authorized. A copy of the violation notice and request for hearing should be placed in the minutes of the hearing.
if the Owner appears at the heariug, the notice requirement wil] be deemed satisfied.
6.3. Imposition of Fine after Hearing, Within fifteen (15) days after levying the fine or authorizing the abatement, the Board must give the Owner notice of the levied fine or abatement action. If the fine or action is announced at the hearing at which the Owner is actually present, the notice requirement will be satisfied.
Otherwise, the notice must be in writing.
6.3.1. Amount. The Beard may set fine amounts on a case by case basis, provided the fine is reasonable in light of the nature, frequency, and effects of the violation. The Board may establish 2 schedule of fines for certain types of violations. The amount and cumulative total of a fine must be reasonable in comparison to the violation notwithstanding: no fine shall exceed $500.00 per occurrence. Recurring violations within a six (6) month period will be subject to immediate fine upon written notification to the Owner, Bylaws of 6600 Forest Estates Homeowners Association, Inc. 12
r occurrence. Recurring violations within a six (6) month period will be subject to immediate fine upon written notification to the Owner, Bylaws of 6600 Forest Estates Homeowners Association, Inc. 12 6.3.2. Type of Fine. If the violation is ongoing or continuous, the fine may be levied on a periodic basis (such as daily, weekly, or monthly). If the violation is not ongoing, but is instead sporadic or periodic, the fine may be levied on a per occurrence basis.
6.3.3. Other Fine-Retated. The Association is not entitled to collect a fine from an Owner to whom it has not given notice and an opportunity to be heard, The Association may not charge interest on unpaid fines. The Association may not foreclose its assessment lien on a debt consisting solely of fines. The Board may adopt a collection policy that applies Owners’ payments to unpaid fines before retiring other types of assessments.
6.4. Additions! Enforcement Riphts. Notwithstanding the notice and hearing requirement, the Board may take iramediate and appropriate action, without giving the notices required in this Article, against violations of the Documents which, in the Board's opinion, are: (i) self-evident, such as vehicles parked illegally or in violation of posted signs; (ii) threatening to life or property; or (iii) repeat violations of the same provision by the same Owner to whom prior notices and demands have been given for the same violation. Further, the provisions of this Article do not apply to specific remedies provided in the Documents for certain violations, such as nonpayment of assessments.
ARTICLE 7 OBLIGATIONS OF OWNERS 7.1. Notice of Saie. Any Owner intending to sell or convey his Property or any interest therein must give written notice to the Board of his intention, together
sments.
ARTICLE 7 OBLIGATIONS OF OWNERS 7.1. Notice of Saie. Any Owner intending to sell or convey his Property or any interest therein must give written notice to the Board of his intention, together with: (i) the address or legal description of the Property being conveyed; (ii) the name and address of the intended purchaser; (iii) the name, address, and phone number of the title company or attomey designated to close the transaction; (iv) names and phone numbers of ceal estate agents, if any, representing seller and purchaser; and (v) scheduled date of closing. An Owner will, fomish this information to the Board at least ten (10) business days before the scheduled date of closing or conveyance. The requirements of this Section may be satisfied by giving the Association a copy af an accepted resale contract in connection with the Owner's request to the Association for a resale certificate.
7.2. Proof of Ownership, On request by the Association from time to time, any person who purports to be an Owner or the agent of an Owner must furnish to the Board evidence of ownership of the Property. A copy of the recorded deed is the customary evidence. This requirement may be satisfied by receipt of a Boardapproved form that is completed and acknowledged by a title company or attorney at time of conveyance of the Property or any interest therein. The Association may refuse to recognize a person as a Member unless the requested documentation is provided.
Bylaws of 6600 Forest Estates Homeowners Association, Inc. 13 7.3. Owners' Information, Within thirty (30) days after acquiring an ownership interest in a Property, the Owner must provide the Association with the Owner's mailing address, telephone number, and driver's license number, if any; the
hirty (30) days after acquiring an ownership interest in a Property, the Owner must provide the Association with the Owner's mailing address, telephone number, and driver's license number, if any; the name and telephone number of any resident other than the Owner; and the name, address, and telephone number of any person managing the Property as agent of the Property Owner. An Owner must notify the Association within thirty (30) days after he has notice of a change in any information required by this Section, and must provide the information on request by the Association from time to time.
7.4. Mailing Address. The Owner or the several co-Owners of a Property must register and maintain one mailing address to be used by the Association for mailing of notices, demands, and all other communications. If an Owner fails to provide the Association with up to date information, the Association shall use the property address and all notices delivered to the property address shall be deemed as duiy noticed and delivered.
7.5. Registration of Mortgagees. Within thirty (30) days after granting a lien against his Property, the Owner must provide the Association with the name and address of the holder of the lien. The Owner must notify the Association within thirty (30) days after he has notice of a change in the information required by this Section.
Also, the Qwner will provide the information on request by the Association from time to time.
7.6. Assessments. Ail Owners are obligated to pay assessments imposed by the Association to meet the common expenses as defined in the Declaration.
Membership and payment of Assessments are mandatory and are not contingent upon any other factor or element such as but, not limited to the existence of, promise of, or
as defined in the Declaration.
Membership and payment of Assessments are mandatory and are not contingent upon any other factor or element such as but, not limited to the existence of, promise of, or construction of common areas or amenities A Member is deemed to be in good standing and entitled to vote at any meeting of the Association if he is current in the assessments made or levied against him and his Property.
7.7. Compliance with Documents. Each Owner will comply with the provisions and terms of the Documents, and any amendments thereto. Further, each Owner will always endeavor to observe and promote the cooperative purposes for which the Property was established.
ARTICLE 8 ASSOCIATION RECORDS 8.1. Records. The Association will use its best efforts to keep the records required by Section 82.114(a) of the Act, including the following: i. Minutes or a similar record of the proceedings of meetings of the Association.
ii, Minutes or a similar record of the proceedings of mectings of the Board.
Bylaws of 6600 Forest Estates Homeowners Association, Inc. 14 iii. Names and mailing addresses of the Members, the currency and accuracy of the information being the responsibility of the Members.
iv. Financial records and books of account for the Association, kept in a manner consistent with generally accepted accounting principles.
v. Copies of income tax retums prepared for the Internal Revenue Service.
Vi. Copies of the Documents and all amendments to any of these.
Vii. A record of ali votes or written consents by which amendments to the Documents were approved, for at least four (4) years after the approval.
8.2. Inspection of Books and Records. Books and records of the Association will be made available for inspection and copying pursuant to Section 82.114(b) of the
ast four (4) years after the approval.
8.2. Inspection of Books and Records. Books and records of the Association will be made available for inspection and copying pursuant to Section 82.114(b) of the Act and Sections 3,151, 3.153 and 22.351 of the Texas Business Organizations Code.
8.2.1. Proper Purpose, The Board may require a Member to submit a written demand for inspection, stating the purpose for which the Member will inspect the books and records. The Board has the following rights: (i) to determine whether the Member's purpose for inspection is proper; (ii) to deny the request if the Board determines that the Member's purpose is not proper; (iii) if granting the request, to identify which books and records are relevant to the Member's stated purpose for inspection.
8.2.2. Copies. A Member, at Member's expense, may obtain photocopies of books and records for which the Board grants the right of inspection. The Board has the right to retain possession of the original books and records, to make copies requested by the Member, and to charge the Member a reasonable fee for copying.
8.2.3: Member's Agent. A Member's inspection of the books and records may be assisted or performed by the Member's agent, accountant, or attorney.
8.2.4. Records of Attorneys and Accountants. The files and records of an attorney or accountant who performs services for the Association are not records of the Association, are not subject to inspection by Members, and are not subject to production in a legal proceeding.
8.3. Resale Certificates, Any officer may prepare or cause to be prepared, certify, and execute resale certificates in accordance with Section 82.157 of the Act.
The Association or its managing agent may charge a reasonable fee for preparing resale
e or cause to be prepared, certify, and execute resale certificates in accordance with Section 82.157 of the Act.
The Association or its managing agent may charge a reasonable fee for preparing resale certificates. The Association may refuse to furnish resale certificates until the fee is paid. Any unpaid fees may be assessed against the Property for which the certificate is furnished.
Bylaws of 6600 Forest Estates Homeowners Association, Inc. 15 ARTICLE 9 NOTICES 9.1. Co-Owners. If a Property is owned by more than one person, notice to one co-Owner is deemed notice to all co-Owners.
9.2. Delivery of Notices. Any written notice required or permitted may be given personally, by mail, by fax, by email, or by any other method permitted by the Texas Business Organizations Code. If mailed, the notice is deemed delivered when deposited in the U.S. mail addressed to the Member at the address shown on the Association's records. If transmitted by fax or email, the notice is deemed delivered on successful transmission of the facsimile or email.
9.3. Waiver of Notice. Whenever a notice is required to be given to an Owner, Member, or director, a written waiver of the notice, signed by the person entitled to the notice, whether before or after the time stated in the notice, is equivalent to giving the notice. Attendance by a Member or director at any meeting of the Association or Board, respectively, constitutes a waiver of notice by the Member or director of the time, place, and purpose of the meeting. If all Members or directors are present at any meeting of the Association or Board, respectively, no notice is required and any business may be transacted ai the meeting.
ARTICLE 10 DECLARANT PROVISIONS 10.1. Conflict, The provisions of this Article control over any provision
Board, respectively, no notice is required and any business may be transacted ai the meeting.
ARTICLE 10 DECLARANT PROVISIONS 10.1. Conflict, The provisions of this Article control over any provision to the contrary elsewhere in these Bylaws.
10.2. Board of Directors. During the Declarant Control Period, the initial directors will be appointed by Declarant and need not be Owners or residents. Directors appointed by Declarant may not be removed by the Owners and may be removed by Declarant only. Declarant has the right to fill vacancies in any directorship vacated by a Declarant appointee. During the Declarant control period, the sole responsibility and obligation of the Board of Directors shall be to maintain the corporation books of the Association and maintain the Association in good corporate standing with Secretary of State of the State of Texas and in good standing with the Office of the Comptroller of Public Accounts of the State of Texas; and to oversee the contractual obligations of the Association.
10.3. Organizational Meeting. Within one hundred and twenty (120) days after the end of the Declarant Control Period, or sooner at Declarant's option, Declarant or Managing Agent will cali an organizational meeting of the Members.
Notice of the organizational meeting will be given as if it were notice of an annual meeting.
Bylaws of 6600 Forest Estates Homeowners Association, Inc. 16 ARTICLE 11 AMENDMENTS TO BYLAWS 11.1. Authority. These Bylaws may not be amended by the Board during the period of Declarant control without the express written permission of the Declarant.
The Declarant may amend these Bylaws at any time and from time to time without consent or joinder of the Board of Members of the Association. After the period of
s written permission of the Declarant.
The Declarant may amend these Bylaws at any time and from time to time without consent or joinder of the Board of Members of the Association. After the period of Declarant control, the Board may amend these Bylaws without consent or joinder of the Members at any time and from time to time as deemed necessary so long as the amendment is for the benefit of the Association and its Members.
11.2. Declarant Protection. During the Development Period, no amendment of these Bylaws may affect the Declarant’s rights herein without the Declarant's written and acknowledged consent. Specifically, this Section and the article titled 1 ‘Declarant Provisions” may not be amended without the prior written approval of the Declarant. The Declarant's written consent must be part of the amendment instrument.
ARTICLE 12 GENERAL PROVISIONS 12.1. Compensation. A director, officer, Member, or resident may not receive any pecuniary profit from the operation of the Association, and no funds or assets of the Association may be paid as a salary or as compensation to, or be distributed to, or inure to the benefit of a director, officer, Member, or resident, Nevertheless, i. Reasonable compensation may be paid to a director, officer, Member, or resident for services rendered to the Association in other capacities.
il. A director, officer, Member, or resident may, from time to time, be reimbursed for his actual and reasonable expenses incurred on behalf of the Association in connection with the administration of the affairs of the Association, provided the expense has been approved by the Board.
iii, The Board may budget and use Association funds to purchase awards, certificates, a celebratory meal, or other customary tokens or
Association, provided the expense has been approved by the Board.
iii, The Board may budget and use Association funds to purchase awards, certificates, a celebratory meal, or other customary tokens or demonstrations of appreciation for volunteer activities.
iv. This provision does not apply to distributions to Property Owners permitted or required by the Dectaration or the Act.
12.2. Conflicting Provisions, If any provision of these Bylaws conflicts with any provision of the laws of the State of Texas, the conflicting Bylaws provision is nul} and void, but ali other provisions of these Bylaws remain in full force and effect. In the case of any conflict between the certificate of formation of the Association and Bylaws of 6600 Forest Estates Homeowners Association, Inc. 17 these Bylaws, the certificate of formation controls. In the case of any conflict between the Declaration and these Bylaws, the Declaration controls.
12.3. Severability, Whenever possible, each provision of these Bylaws will be interpreted in a manner as to be effective and valid. Invalidation of any provision of these Bylaws, by judgment or court order, does not affect any other provision which remains in full force and effect.
12.4. Construction. The effect of a general statement is not limited by the enumerations of specific matters similar to the general. The captions of articles and sections are inserted only for convenience and may not be construed as defining or modifying the text to which they refer. The singular is construed to mean the plural, when applicable, and the use of masculine or neuter pronouns includes the feminine.
12.5. Fiscal Year. The fiscal year of the Association will be the calendar year unless otherwise set by resolution of the Board, and is subject to change from time to
r pronouns includes the feminine.
12.5. Fiscal Year. The fiscal year of the Association will be the calendar year unless otherwise set by resolution of the Board, and is subject to change from time to time as the Board determines.
12.6. Waiver. No restriction, condition, obligation, or covenant contained in these Bylaws may be deemed to have been abrogated or waived by reason of failure to enforce the same, irrespective of the number of violations or breaches thereof which may occur.
12.7. Indemnification. To the fullest extent permitted by applicable law, the Association will indemnify any person who was or is a party, or is threatened to be made a party, to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative, by reason of the fact that such person is or was a director, officer, committee member, employee, servant, or agent of the Association against expenses (including attorney's fees, judgments, fines, and amounts paid in settlement) actually and reasonably incurred by such person in connection with such action, suit or proceeding if it is found and determined by the Board or a court that such person; (i) acted in good faith and in a manner which such person reasonably believed to be in, or not opposed to, the best interests of the Association; or (ii) with respect to any criminal action or proceeding, had no reasonable cause to believe such conduct was unlawful. The termination of any action, suit, or proceeding by settlement, or upon a plea of nolo contendre or its equivalent, will not of itself create a presumption that the person did not act in good faith or in a manner reasonably believed to be in, or not opposed to, the best interests
f nolo contendre or its equivalent, will not of itself create a presumption that the person did not act in good faith or in a manner reasonably believed to be in, or not opposed to, the best interests of the Association, or, with respect to any criminal action or proceeding, had reasonable cause to believe that such conduct was unlawful.
{signature follow on the next page] Bylaws of 6600 Forest Estates Homeowners Association, Inc. 18 Association and is herein signified by signature of the Declarant of the Association.
Cay. Aa Y aiadad Mange Desi Moayedi, Declarant / Roald Presiden President Filed and Recorded Official Public Records John F. Warren, County Clerk Dallas County, TEXAS 02/02/2016 02:47:02 PM $330.00 201600027982 Bylaws of 6600 Forest Estates Homeowners Association, Inc.
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