STATE OF TEXAS COUNTY OF COLLIN cos essess NOTICE OF FILING OF DEDICATORY INSTRUMENTS Angel Field East Homeowners' Association, Inc. ("Association”), hereby files and records the following dedicatory instruments (Exhibits 1-2), governing the Association in accordance with Texas Property Code § 202.006, which are attached hereto and incorporated herein: 1.
Consent of Directors in Lieu of Organizational Meeting Adopting: 1-A. Bylaws of the Association 1-B.
Fine and Enforcement Policy 1-C. Assessment Collection Policy 1-D.
Records Policy 1-E. Posting Policy 1-F.
Email Registration Roficy Unofficial 1-G. Generator Policy 1-H. Rain Barrel Policy 1-I. Flag Display Policy 1-J. Solar Enerex and Roofing Materials Policy Display of Religious Items Policy Certificate of Formation for Angel Field East Homeowners' Association, Inc.
The attached and incorporated dedicatory instruments are the original or true and correct copy of the originals and are hereby filed of record in the real property records for Collin County.
The Association has caused this Notice of Filing Dedicatory Instruments to be executed by its duly authorized agent prior to recording.
NOTICE OF FILING OF DEDICATORY INSTRUMENT PAGE 1 OF 2 Angel Field East Homeowners' Association, Inc., a Texas Non-Profit Corporation By: Name: Grant A. Bannen Its: Authorized Agent/Attorney NOTAR STATE STATE OF TEXAS COUNTY OF TARRANT UBLIC ACKNOWLEDGEMENT ess cas ess This Notice of Filing Dedicatory Instrument was acknowledged before me on January 18, 2018 by Grant A. Bannen, authorized agent/agent of Angel Field East Homeowners' Association, Inc. and in that capacity only.
TEXAS AUDREY ZAMORA Notary Public, State of Texas Comm. Expires 04-07-2020 Notary ID 130611122 Unofficial
rized agent/agent of Angel Field East Homeowners' Association, Inc. and in that capacity only.
TEXAS AUDREY ZAMORA Notary Public, State of Texas Comm. Expires 04-07-2020 Notary ID 130611122 Unofficial After recording return to: Grant A. Bannen Bush Rudnicki Shelton, P.C.
Arlington, Texas 76011 mamora NOTICE OF FILING OF DEDICATORY INSTRUMENT PAGE 2 OF 2 ANGEL FIELD EAST HOMEOWNERS' ASSOCIATION, INC.
CONSENT OF DIRECTORS IN LIEU OF ORGANIZATIONAL MEETING The undersigned, being all of the members of the Board of Directors of Angel Field East Homeowners' Association, Inc., a Texas non-profit corporation (hereinafter referred to as the "Association"), do hereby consent, pursuant to Article 22.220(a) of the Texas Business Organizations Code, to the adoption of the following resolutions: 1. DIRECTORS RESOLVED, that each of the undersigned, being all of the directors of the Association, as named in its Certificate of Formation filed with the Secretary of State of the State of Texas on December 21, 2017, does hereby accept appointment to such office and does hereby agree to serve as a director of the Association until the first annual meeting of the members and until said director's successor or successors have been duly elected and qualified or until his or her earlier death, resignation, retirement, disqualification or removal from office.
2. ADOPTION OF BYLAWS AND CERTAIN POLICIES AND PROCEDURES DURES RESOLVED, that the following Bylaws of the Association and policies, attached hereto and incorporated herein as Exhibits 1-11 are approved and adopted as governing documents of the Association, and the Secretary of the Association is instructed to insert the originals thereof in the corporate records of the Association: Unofficial Exhibit 1 Exhibit 2 Exhibit 3 Exhibit
nts of the Association, and the Secretary of the Association is instructed to insert the originals thereof in the corporate records of the Association: Unofficial Exhibit 1 Exhibit 2 Exhibit 3 Exhibit Bylaws of the Association Fine and Enforcement Policy Assessment Collection Policy Records Inspection, Copying, and Retention Policy Notice of Posting and Recordation of Association Documents Policy Email Registration Policy Generator Policy Exhibit Exhibit 8 Exhibit 9 Exhibit 10 UNANIMOUS CONSENT OF DIRECTORS OF ANGEL FIELD EAST HOMEOWNERS' ASSOCIATION, INC.
Rain Barrel Policy Flag Display Policy Solar Energy and Roofing Materials Policy 2 Exhibit 11 Display of Religious Items Policy 3. OFFICERS RESOLVED, that each of the following-named persons be and they hereby are elected as officers of the Association for the office or offices set forth below opposite his or her name, and to hold any such office to which elected until the first annual meeting of the Board of Directors of the Association and until his or her successor should be chosen and qualified in his or her stead, or until his or her earlier death, resignation, retirement, disqualification or removal from office: Ryan Huey Phillip Thompson Andrew Green President Vice President Secretary/Treasurer 4. REGISTERED OFFICE; REGISTERED AGENT ficial RESOLVED, that the registered office of the Association be established and maintained at 1999 Bryan Street, Suite 900 Dallas, Texas 75201-3136 and that National Registered Agents, Inc. is hereby appointed as registered agent of the corporation in said office.
5. BOOKS AND RECORDS RESOLVED, that the Secretary of the Association be and hereby is authorized and directed to procure all necessary books and records of the Association.
6. ORGANIZATIONAL EXPENSES
5. BOOKS AND RECORDS RESOLVED, that the Secretary of the Association be and hereby is authorized and directed to procure all necessary books and records of the Association.
6. ORGANIZATIONAL EXPENSES RESOLVED, that the President of the Association or other officer be and hereby is authorized and directed to pay all fees, expenses and costs incident to or necessary for the incorporation and organization of the Association and to reimburse any person who may have paid any of such fees, expenses and costs.
Uno!
7. CORPORATE SEAL RESOLVED, that a corporate seal is not adopted at this time and that no impression of a corporate seal is required on any Association document.
[SIGNATURES ON FOLLOWING PAGE] UNANIMOUS CONSENT OF DIRECTORS OF ANGEL FIELD EAST HOMEOWNERS' ASSOCIATION, INC.
3 IN WITNESS WHEREOF, the undersigned have executed this instrument as of and effective the _day of January, 2018.
Ryan Huey Director Phillip Thompson, Director Unofficia UNANIMOUS CONSENT OF DIRECTORS OF ANGEL FIELD EAST HOMEOWNERS' ASSOCIATION, INC.
4 BYLAWS OF ANGEL FIELD EAST HOMEOWNERS' ASSOCIATION, INC.
ARTICLE I INTRODUCTION hereinafter itially in Collin The name of the corporation is Angel Field East Homeowners' Association, referred to as the "Association”. The principal office of the Association shall be located County, Texas, but meetings of Members and Directors may be held at such places within the State of Texas as may be designated by the Board of Directors as provided in these Bylaws.
The Association is organized to be a nonprofit corporation.
Notwithstanding anything to the contrary in these Bylaws, a number of provisions are modified by the Declarant's reservations in that certain Declaration of Covenants, Conditions, and
fit corporation.
Notwithstanding anything to the contrary in these Bylaws, a number of provisions are modified by the Declarant's reservations in that certain Declaration of Covenants, Conditions, and Restrictions for Angel Field East, recorded as Clerk's Instrument No. 20170309000308280 in the real property records for Collin County, Texas, including the number, qualification, appointment, removal, and replacement of Directors.
ARTICLE DEFINITIONS Capitalized terms used but not defined in these Bylaws shall have the meaning subscribed to such terms in the Declaration.
ARTICLE IN MEMBERSHIP, MEETINGS, QUORUM, VOTING, PROXIES Section 3.1. Membership. Each Owner of a Lot is a mandatory Member of the Association, as more fully set forth in the Declaration.
Section 3.2. Place of Meetings. Meetings of the Association shall be held where designated by the Board, either within the Property or as convenient as possible and practical.
Section 3.3. Annual Meetings. There shall be an annual meeting of the Members of the Association for the purposes of Association-wide elections or votes and for such other Association business at such reasonable place, date and time as set by the Board.
Section 3.4. Special Meetings. Special meetings of Members may be called in accordance with Section 22.155 of the Texas Business Organizations Code or any successor statute.
Section 3.5. Notice of Meetings. Written or printed notice stating the place, day, and hour of any meeting of the Members shall be delivered, either personally or by mail, to each Member entitled to vote at such meeting or by publication in a newspaper of general circulation, not less than ten (10) nor more than sixty (60) days before the date of such meeting, by or at the direction of the President, the
such meeting or by publication in a newspaper of general circulation, not less than ten (10) nor more than sixty (60) days before the date of such meeting, by or at the direction of the President, the Secretary, or the officers or persons calling the meeting. In the case of a special meeting or when otherwise required by statute or these Bylaws, the purpose or purposes for which the meeting is called shall be stated in the notice. No business shall be transacted at a special meeting except as stated in the notice. If mailed, the notice of a meeting shall be deemed to be delivered when deposited in the United Bylaws of Angel Field East Homeowners' Association, Inc.
Page 1 of 12 States mail addressed to the Member at his address as it appears on the records of the Association, with postage prepaid.
Section 3.6. Waiver of Notice. Waiver of notice of a meeting of the Members shall be deemed the equivalent of proper notice. Any Member may, in writing, waive notice of any meeting of the Members, either before or after such meeting. Attendance at a meeting by a Member shall be deemed waiver by such Member of notice of the time, date, and place thereof, unless such Member specifically objects to lack of proper notice at the time the meeting is called to order. Attendance at a special meeting by a Member shall be deemed waiver of notice of all business transacted at such meeting unless an objection by a Member on the basis of lack of proper notice is raised before the business is put to a vote.
Section 3.7. Quorum. Except as provided in these Bylaws or in the Declaration, the presence of the Members representing ten percent (10%) of the total votes in the Association shall constitute quorum at all Association meetings.
as provided in these Bylaws or in the Declaration, the presence of the Members representing ten percent (10%) of the total votes in the Association shall constitute quorum at all Association meetings.
Section 3.8. Conduct of Meetings. The President or any other person appointed by the Board shall preside over all Association meetings, and the Secretary, or the Secretary's designee, shall keep the minutes of the meeting and record in a minute book all resolutions adopted at the meeting, as well as a record of all transactions occurring at the meeting.
Unofficial Section 3.9. Voting. The voting rights of the Members shall be as set forth in the Declaration, and such voting rights provisions are specifically incorporated by reference. Except as otherwise provided in the Declaration, action may be taken at any legally convened meeting of the Members upon the affirmative vote of the Members having a majority of the total votes present at such meeting in person or proxy or by absentee ballot or electronic ballot, if such votes are considered present at the meeting as further set forth herein. The person holding legal title to a Lot shall be entitled to cast the vote allocated to such Lot and not the person merely holding beneficial title to the same unless such right is expressly delegated to the beneficial Owner thereof in writing. Any provision in the Association's governing documents that would disqualify an Owner from voting in an Association election of Board Members or on any matter concerning the rights or responsibilities of the Owner is void.
Section 3.10. Methods of Voting: In Person; Proxies; Absentee Ballots; Electronically. On any matter as to which a Member is entitled individually to cast the vote for his Lot such vote may be cast
d.
Section 3.10. Methods of Voting: In Person; Proxies; Absentee Ballots; Electronically. On any matter as to which a Member is entitled individually to cast the vote for his Lot such vote may be cast or given: (a) in person or by proxy at a meeting of the Association; (b) by absentee ballot; or (c) by electronic ballot. Any vote cast in an election or vote by a Member of the Association must be in writing and signed by the member. Electronic votes constitute written and signed ballots. In an Association-wide election, written and signed ballots are not required for uncontested races. Votes shall be cast as provided in this section: Proxies. Any Member may give a revocable written proxy in the form as prescribed by the Board from time to time to any person authorizing such person to cast the Member's vote on any matter. A Member's vote by proxy is subject to any limitations of Texas law relating to the use of general proxies and subject to any specific provision to the contrary in the Declaration or these Bylaws. No proxy shall be valid unless signed by the Member for which it is given or his duly authorized attorney-in-fact, dated, and filed with the Secretary of the Association prior to the meeting for which it is to be effective.
Proxies shall be valid only for the specific meeting for which given and for lawful adjournments of such meeting. In no event shall a proxy be valid more than eleven (11) months after the effective date of the proxy. Every proxy shall be revocable and shall automatically cease upon conveyance of the Lot for which it was given.
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Page 2 of 12 (b) Absentee and Electronic Ballots. An absentee or electronic ballot: (i) may be counted as
ce of the Lot for which it was given.
Bylaws of Angel Field East Homeowners' Association, Inc.
Page 2 of 12 (b) Absentee and Electronic Ballots. An absentee or electronic ballot: (i) may be counted as a Member present and voting for the purpose of establishing a quorum only for items appearing on the ballot; (ii) may not be counted, even if properly delivered, if the Member attends any meeting to vote in person, so that any vote cast at a meeting by a Member supersedes any vote submitted by absentee or electronic ballot previously submitted for that proposal; and (iii) may not be counted on the final vote of a proposal if the proposal was amended at the meeting to be different from the exact language on the absentee or electronic ballot.
(i) Absentee Ballots. No absentee ballot shall be valid unless it is in writing, signed by the Member for which it is given or his duly authorized attorney-in-fact, dated, and filed with the Secretary of the Association prior to the meeting for which it is to be effective. Absentee ballots shall be valid only for the specific meeting for which given and for lawful adjournments such meeting. In no event shall an absentee ballot be valid after the specific meeting or lawful adjournment of such meeting at which such ballot is counted or upon conveyance of the Lot which it was given. Any solicitation for votes by absentee ballou must include: (ii) a.
b.
C.
an absentee ballot that contains each proposed action and provides an opportunity to vote for or against each proposed action ficial instructions for delivery of the completed absentee ballot, including the delivery location; and the following language. By casting your vote via absentee ballot you will forgo the opportunity to consider and vote on any action from the
pleted absentee ballot, including the delivery location; and the following language. By casting your vote via absentee ballot you will forgo the opportunity to consider and vote on any action from the floor on these proposals, if a meeting is held. This means that if there are amendments to these proposals your votes will not be counted on the final vote on these measures. 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."
Electronic Ballots. "Electronic ballot" means a ballot: (a) given by email, facsimile or posting on a website; (b) for which the identity of the Member submitting the ballot can be confirmed; and (c) for which the Member may receive a receipt of the electronic transmission and receipt of the Member's ballot. If an electronic ballot is posted on a website, a notice of the posting shall be sent to each Member that contains instructions on obtaining access to the posting on the website.
Section 3.N. Tabulation of and Access to Ballots. A person who is a candidate in an Association election or who is otherwise the subject of an Association vote, or a person related to that person within the third degree by consanguinity or affinity may not tabulate or otherwise be given access to the ballots cast in that election or vote except such person may be given access to the ballots cast in the election or vote as part of a recount process. A person tabulating votes in an Association election or vote may not disclose to any other person how an individual voted.
Section 3.12. Recount of Votes. Any Member may, not later than the fifteenth (15th) day after
ing votes in an Association election or vote may not disclose to any other person how an individual voted.
Section 3.12. Recount of Votes. Any Member may, not later than the fifteenth (15th) day after the date of the meeting at which the election was held, require a recount of the votes. A demand for a recount must be submitted in writing either: (a) by certified mail, return receipt requested, or by delivery by the U.S. Postal Service with signature confirmation service to the Association's mailing address as reflected on the latest management certificate; or (b) in person to the Association's managing agent as reflected on the latest management certificate or to the address to which absentee and proxy ballots are Bylaws of Angel Field East Homeowners' Association, Inc.
Page 3 of 12 mailed. The Member requesting the recount will be required to pay, in advance, expenses associated with the recount as estimated by the Association. Any recount must be performed on or before the thirtieth (30th) day after the date of receipt of a request and payment for a recount is submitted to the Association for a vote tabulator as set forth below.
(a) Vote Tabulator. At the expense of the Member requesting the recount, the Association shall retain for the purpose of performing the recount, the services of a person qualified to tabulate votes.
The Association shall enter into a contract for the services of a person who: (i) is not a Member of the Association or related to a Member of the Association Board within the third degree by consanguinity or affinity; and (ii) is either a person agreed on by the Association and any person requesting a recount or is a current or former county judge, county elections administrator, justice of the peace or county voter registrar.
(b)
er a person agreed on by the Association and any person requesting a recount or is a current or former county judge, county elections administrator, justice of the peace or county voter registrar.
(b) Reimbursement for Recount Expenses. If the recount changes the results of the erection, the Association shall reimburse the requesting Member for the cost of the recount to the extent such costs were previously paid by the Member to the Association. The Association shall provide the results of the recount to each Member who requested the recount.
(c) Board Action. Any action taken by the Board in the period between the initial election vote tally and the completion of the recount is not affected by any recount.
nofficial Section 3.13 Action Without a Meeting. Any action required or permitted by law to be taken at a meeting of the Members may be taken without a meeting, without prior notice, and without a vote if written consent specifically authorizing the proposed action is signed by Members holding at least the minimum number of votes necessary to authorize such action at a meeting if all Members entitled to vote thereon were present. Such consents shall be signed within sixty (60) days after receipt of the earliest dated consent, dated, and delivered to the Association at its principal place of business in Texas. Such consents shall be filed with the minutes of the Association and shall have the same force and effect as a vote of the Members at a meeting. Within ten (10) days after receiving authorization for any action by written consent, the Secretary shall give written notice to all Members entitled to vote who did not give their written consent, fairly summarizing the material features of the authorized action.
ARTICLE IV BOARD OF DIRECTORS
etary shall give written notice to all Members entitled to vote who did not give their written consent, fairly summarizing the material features of the authorized action.
ARTICLE IV BOARD OF DIRECTORS Section 4.1. Authority; Number of Directors.
(a) The affairs of the Association shall be governed by a Board of Directors. The number of Directors shall be fixed by the Board of Directors from time to time. The initial Directors shall be three (3) number and shall be those Directors named in the Certificate of Formation. The initial Directors shall serve until their successors are elected and qualified.
(b) Not later than the 10th anniversary of the date the Declaration is recorded in the Official Public Records of Collin County, Texas or sooner as determined by Declarant or as required by law, the Board must hold a meeting of Members of the Association for the purpose of electing one-third (½) of the Board (the "Initial Member Election Meeting") where the Members will elect one (1) Director, for a one (1) year term ("Initial Member Elected Director"). Unless prohibited by applicable statute, Declarant will continue to appoint and remove two-thirds (23) of the Board after the Initial Member Election Meeting until expiration or termination of Declarant's Class B membership. Notwithstanding the foregoing, the Initial Member Elected Director's term will expire as of the date of the Member Election Meeting (defined below).
Bylaws of Angel Field East Homeowners' Association, Inc.
Page 4 of 12 (c) At the expiration or termination of Declarant's Class B membership, the Declarant will thereupon call a meeting of the Members of the Association where the Declarant appointed Directors will
of 12 (c) At the expiration or termination of Declarant's Class B membership, the Declarant will thereupon call a meeting of the Members of the Association where the Declarant appointed Directors will resign and the Members will elect three (3) new directors (to replace all Declarant appointed Directors and the Initial Member Elected Director) (the "Member Election Meeting"), one (1) Director for a three (3) year term, one (1) Director for a two (2) year term, and one (1) Director for a one (1) year term (with the individual receiving the highest number of votes to serve the three (3) year term, the individual receiving the next highest number of votes to serve the two (2) year term, and the individual receiving the third highest number of votes to serve a one (1) year term). Upon expiration of the term of a Director elected by the Members pursuant to this Section 4.1(c), his or her successor will be elected for a term of two (2) years.
(d) A Director takes office upon the adjournment of the meeting or balloting at which he elected or appointed and, absent death, ineligibility, resignation, or removal, will hold office until his successor is elected or appointed.
(e) Each Director, other than Directors appointed by Declarant, Shall be a Member and resident, or in the case of corporate partnership or other entity ownership of a Lot, a duly authorized agent or representative of the corporate partnership or other entity Owner The corporate partnership or other entity Owner shall be designated as the Director in all correspondence or other documentation setting forth the names of the Directors.
Section 4.2. Compensation. The Directors shall serve without compensation for such service.
nofficial
he Director in all correspondence or other documentation setting forth the names of the Directors.
Section 4.2. Compensation. The Directors shall serve without compensation for such service.
nofficial Section 4.3. Nominations to Board of Directors. Members may be nominated for election to the Board of Directors in either of the following ways (a) A Member who is not a Director and who desires to run for election to that position shall be deemed to have been nominated for election upon his filing with the Board of Directors a written petition of nomination; or (b) A Director who is eligible to be re-elected shall be deemed to have been nominated for re-election to the position he holds by signifying his intention to seek reelection in a writing addressed to the Board of Directors.
(c) The Association shall comply with Texas Property Code §209.0593 (a-1) and (a-2), if applicable.
Section 44. Vacancies on Board of Directors. At such time as Declarant's right to appoint and remove Directors has expired of been terminated, if the office of any elected Director shall become vacant by reason of death, resignation, or disability, the remaining Directors, at a special meeting duly called for this purpose, shall choose a successor who shall fill the unexpired term of the directorship being vacated.
If there is a deadlock in the voting for a successor by the remaining Directors, the one Director with the longest continuous term on the Board shall select the successor. At the expiration of the term of his position on the Board of Directors, the successor Director shall be re-elected or his successor shall be elected in accordance with these Bylaws. Except with respect to Directors appointed by the Declarant,
on on the Board of Directors, the successor Director shall be re-elected or his successor shall be elected in accordance with these Bylaws. Except with respect to Directors appointed by the Declarant, any Board Member whose term has expired or who has been removed from the Board must be elected by the Members.
Section 4.5. Removal of Directors by Members. Subject to the right of Declarant to nominate and appoint Directors as set forth in Section 4.1 of these Bylaws, an elected Director may be removed, with or without cause, by the Members which elected such Director.
Bylaws of Angel Field East Homeowners' Association, Inc.
Page 5 of 12 Section 4.6. Eligibility for Board Membership. With the exception of Board member positions appointed by the Declarant as permitted by the Declaration, the Association may not restrict an Owner's right to run for a position on the Board.
ARTICLE V MEETINGS OF DIRECTORS Section 5.1. Definition of Board Meetings. A meeting of the Board means deliberation between a quorum of the Board, or between a quorum of the Board and another person, during which Association business is considered and the Board takes formal action.
Section 5.2. Regular Meetings. Regular meetings of the Board shall be held annually or such other frequency as determined by the Board, at such place and hour as may be fixed from time to time by resolution of the Board.
Section 5.3. Special Meetings. Special meetings of the Board shall be held when called by the President of the Association, or by any two Directors, after not less than three (3) days' notice to each Director.
Section 5.4. Quorum. A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done of made by a majority of the Directors present at a
or.
Section 5.4. Quorum. A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done of made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board of Directors.
Unofficial Section 5.5. Open Board Meetings. All regular and special Board meetings must be open to Owners. However, the Board has the right to journ a meeting and reconvene in closed executive session to consider actions involving: (a) personnel; (b) pending or threatened litigation; (c) contract negotiations; (d) enforcement actions; (e) confidential communications with the Association's attorney; (f) matters involving the invasion of privacy of individual Owners, or matters that are to remain confidential by request of the affected parties and agreement of the Board. Following an executive session, any decision made by the Board in executive session must be summarized orally in general terms and placed in the minutes. The oral summary must include a general explanation of expenditures approved in executive session.
Section 5.6. Location Except if otherwise held by electronic or telephonic means, a Board meeting must be held in the county in which the Property is located or in a county adjacent to that county, as determined in the discretion of the Board.
Section 57. Record: Minutes. The Board shall keep a record of each regular or special Board meeting in the form of written minutes of the meeting. The Board shall make meeting records, including approved minutes, available to a Member for inspection and copying on the Member's written request to the Association's managing agent at the address appearing on the most recently filed management
ng approved minutes, available to a Member for inspection and copying on the Member's written request to the Association's managing agent at the address appearing on the most recently filed management certificate or, if there is not a managing agent, to the Board.
Section 5.8. Notices. Members shall be given notice of the date, hour, place, and general subject of a regular or special board meeting, including a general description of any matter to be brought up for deliberation in executive session. The notice shall be: (a) mailed to each Member not later than the tenth (10th) day or earlier than the sixtieth (60th) day before the date of the meeting; or (b) provided at least seventy-two (72) hours before the start of the meeting by: (i) posting the notice in a conspicuous manner reasonably designed to provide notice to Members in a place located on the Association's common area or on any website maintained by the Association; and (ii) sending the notice by e-mail to each Member who has registered an e-mail address with the Association. It is the Member's duty to keep an updated e-mail Bylaws of Angel Field East Homeowners' Association, Inc.
Page 6 of 12 address registered with the Association. The Board may establish a procedure for registration of email addresses, which procedure may be required for the purpose of receiving notice of Board meetings. If the Board recesses a regular or special Board meeting to continue the following regular business day, the Board is not required to post notice of the continued meeting if the recess is taken in good faith and not to circumvent this section. If a regular or special Board meeting is continued to the following regular business day, and on that following day the Board continues the meeting to another day, the Board shall
umvent this section. If a regular or special Board meeting is continued to the following regular business day, and on that following day the Board continues the meeting to another day, the Board shall give notice of the continuation in at least one manner as set forth above within two (2) hours after adjourning the meeting being continued.
Section 5.9. Meeting without Prior Notice. The Board may meet by any method of communication, including electronic and telephonic, without prior notice to the Members if each Board member may hear and be heard, and may take action by unanimous written consent to consider routine and administrative matters or a reasonably unforeseen emergency or urgent necessity that requires immediate Board action. Any action taken without notice to Members must be summarized orally, including an explanation of any known actual or estimated expenditures approved at the meeting, and documented in the minutes of the next regular or special Board meeting. The Board may not, without prior notice to the Members pursuant to Section 5.8 above consider or vote on: (a) fines: (b) damage assessments; (c) initiation of foreclosure actions; (d) initiation of enforcement actions, excluding temporary restraining orders or violations involving a threat to health or safety; (e) increases in assessments; (f) levying of special assessments; (g) appeals from a demal of architectural control approval; or (h) a suspension of a right of a particular Owner before the Member has an opportunity to attend a Board meeting to present the Member's position, including any defense on the issue.
Section 5.10. Telephone and Electronic Meetings. Any action permitted to be taken by the Board without prior notice to Owners may be taken by telephone or electronic methods by means of
on the issue.
Section 5.10. Telephone and Electronic Meetings. Any action permitted to be taken by the Board without prior notice to Owners may be taken by telephone or electronic methods by means of which all persons participating in the meeting can hear each other. Participation in such a 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.
Section 5.11. Consent in Writing. Any action permitted to be taken by the Board by unanimous written consent occurs 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 of the Directors.
Section 5.12. Class B Membership Period. The provisions of this Article V do not apply to Board meetings during the Class B membership period. Declarant is a Class B member (as defined in the Declaration) during which period the Board may take action by unanimous written consent in lieu of a meeting, except with respect to: (a) adopting or amending the Declaration, Certificate of Formation, Bylaws, any design guidelines or any rules and regulations ("Documents"); (b) increasing the amount of regular assessments of the Association or adopting or increasing a special assessment; (c) electing nondeveloper Board members or establishing a process by which those members are elected; or (d) changing the voting rights of Members.
ARTICLE VI POWERS AND DUTIES OF THE BOARD Section 6.1. Powers. The Board shall have power and duty to undertake any of the following
members are elected; or (d) changing the voting rights of Members.
ARTICLE VI POWERS AND DUTIES OF THE BOARD Section 6.1. Powers. The Board shall have power and duty to undertake any of the following actions, in addition to those actions to which the Association is authorized to take in accordance with the Declaration: Bylaws of Angel Field East Homeowners' Association, Inc.
Page 7 of 12 (a) adopt and publish rules and regulations; (b) suspend the right of a Member to use of the Common Area during any period in which such Member shall be in default in the payment of any Assessment levied by the Association, or after notice and hearing, for any period during which an infraction of the rules and regulations by such Member exists; (c) exercise for the Association all powers, duties and authority vested in of related to the Association and not reserved to the membership by other provisions of the Documents; (d) to enter into any contract or agreement with a municipal agency or utility company to provide electric utility service to all or any portion of the Property; (e) declare the office of a member of the Board to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board; (f) employ such employees as they deem necessary, and to prescribe their duties: Unofficial as more fully provided in the Declaration, to: (1) fix the amount of the Assessments against each Lot in advance of each annual assessment period and any other assessments provided by the Declaration; and (2) foreclose the lien against any property for which Assessments are not paid within thirty (30) days after due date or to bring an action at law against the Owner personally obligated to pay the same; (h)
reclose the lien against any property for which Assessments are not paid within thirty (30) days after due date or to bring an action at law against the Owner personally obligated to pay the same; (h) issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any Assessment has been paid and to levy a reasonable charge for the issuance of these certificates (it being understood that if a certificate states that an Assessment has been paid, such certificate shall be conclusive evidence of such payment); (i) procure and maintain adequate liability and hazard insurance on property owned by the Association; cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; and exorcise such other and further powers or duties as provided in the Declaration or by law.
ARTICLE VII OFFICERS AND THEIR DUTIES Section 7.1. Enumeration of Offices. The officers of the Association shall be a President and a Vice-President, who shall at all times be members of the Board, a Secretary and a Treasurer, and such other officers as the Board may from time to time create by resolution.
Section 7.2. Election of Officers. The election of officers shall take place at the first meeting of the Board following each annual meeting of the Members.
Bylaws of Angel Field East Homeowners' Association, Inc.
Page 8 of 12 Section 7.3. Term. The officers of the Association shall be elected annually by the Board and each shall hold office for one (1) year unless he resigns sooner, or shall be removed or otherwise disqualified to serve.
Section 7.4. Special Appointments. The Board may elect such other officers as the affairs of
d office for one (1) year unless he resigns sooner, or shall be removed or otherwise disqualified to serve.
Section 7.4. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.
Section 7.5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the President, or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
Section 7.6. Vacancies. A vacancy in any office may be filled through appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces.
Section 7.7. Multiple Offices. The offices of Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 7.4.
nofficial Section 7.8. Duties. The duties of the officers are as follows: (a) President. The President shall preside at al meetings of the Board; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all checks and promissory notes.
(b) Vice President. The Vice President, if any, shall generally assist the President and shall
leases, mortgages, deeds and other written instruments and shall co-sign all checks and promissory notes.
(b) Vice President. The Vice President, if any, shall generally assist the President and shall have such powers and perform such duties and services as shall from time to time be prescribed or delegated to him by the President or the Board.
(c) Secretary. The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members, serve notice of meetings of the Board and of the Members; keep appropriate current records showing the Members of the Association together with their addresses; and shall perform such other duties as required by the Board.
(d) Assistant Secretaries. Each Assistant Secretary shall generally assist the Secretary and shall have such powers and perform such duties and services as shall from time to time be prescribed or delegated to him or her by the Secretary, the President, the Board or any committee established by the Board.
(e) Treasurer. The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board; shall sign all checks and promissory notes of the Association; shall keep proper books of account in appropriate form such that they could be audited by a public accountant whenever ordered by the Board or the membership; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular meeting, and deliver a copy of each to the Members.
Section 7.9. Duties. 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
the Members.
Section 7.9. Duties. 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 Bylaws of Angel Field East Homeowners' Association, Inc.
Page 9 of 12 Association, including without limitation checks from the Association's bank account. In the absence of Board designation, and unless otherwise provided herein, the President and the Secretary are the only persons authorized to execute instruments on behalf of the Association.
ARTICLE VIII OTHER COMMITTEES OF THE BOARD OF DIRECTORS The Board may, by resolution adopted by affirmative vote of a majority of the number of Directors fixed by these Bylaws, designate two or more Directors (with such alternates, if any, as may be deemed desirable) to constitute another committee or committees for any purpose; provided, that any such other committee or committees shall have and may exercise only the power of recommending action to the Board of Directors and of carrying out and implementing any instructions or any policies, plans programs and rules theretofore approved, authorized and adopted by the Board.
ARTICLE IX BOOKS AND RECORDS The books, records and papers of the Association shall at all times during reasonable business hours, be subject to inspection by any Member. The Documents shall be available for inspection by any Member at the principal office of the Association, where copies may be purchased at reasonable cost.
ARTICLE ASSESSMENTS nofficial As more fully provided in the Declaration each Member is obligated to pay to the Association Assessments which are secured by a continuing lien upon the property against which the Assessments are
cial As more fully provided in the Declaration each Member is obligated to pay to the Association Assessments which are secured by a continuing lien upon the property against which the Assessments are made. Assessments shall be due and payable in accordance with the Declaration.
ARTICLE XI CORPORATE SEAL The Association may, but shall have no obligation to, have a seal in a form adopted by the Board.
ARTICLE XII AMENDMENTS Section 12.1.These Bylaws may be amended by: (i) the Declarant until expiration or termination of the Class B membership period; or (ii) a majority vote of the Board of Directors with the advance written consent of the Declarant until expiration or termination of the Class B membership period.
Section 12.2. In the case of any conflict between the Certificate of Formation and these Bylaws, the Certificate of Formation shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control.
ARTICLE XIII INDEMNIFICATION OF DIRECTORS AND OFFICERS AND LIMITATION OF LIABILITY The Association shall indemnify every Director and Officer and committee member of the Association against, and reimburse and advance to every Director and Officer for, all liabilities, costs and expenses incurred in connection with such directorship or office and any actions taken or omitted in such capacity to the greatest extent permitted under the Texas Business Organizations Code and all other Bylaws of Angel Field East Homeowners' Association, Inc.
Page 10 of 12 applicable laws at the time of such indemnification, reimbursement or advance payment; provided, however, no Director or Officer shall be indemnified for: (a) a breach of duty of loyalty to the Association
cable laws at the time of such indemnification, reimbursement or advance payment; provided, however, no Director or Officer shall be indemnified for: (a) a breach of duty of loyalty to the Association or its Members; (b) an act or omission not in good faith or that involves intentional misconduct or a knowing violation of the law; (c) a transaction from which such Director or Officer received an improper benefit, whether or not the benefit resulted from an action taken within the scope of directorship or office; or (d) an act or omission for which the liability of such Director or Officer is expressly provided for by statute. A director of the Association shall not be personally liable to the Association for monetary damages for any act or omission in his capacity as a director except to the extent otherwise provided by a statute of the State of Texas. Any repeal or modification of this Article shall be prospective only and shall not adversely affect any limitations of the personal liability of a director of the Association existing at the time of the repeal or modification.
ARTICLE XIV MISCELLANEOUS The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation.
Executed this 8 day of January, 2018 Unofficia Phillip Thompson, Director Andrew Green, Director Bylaws of Angel Field East Homeowners' Association, Inc.
Page 11 of 12 STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on January 8, 2018 by Ryan Huey, a director of Angel Field East Homeowners' Association, Inc., a Texas nonprofit corporation, in his capacity, as a director.
STATE OF TEXAS COUNTY OF COLLIN Фетел оцено My commission expires: 115/07/ 미
director of Angel Field East Homeowners' Association, Inc., a Texas nonprofit corporation, in his capacity, as a director.
STATE OF TEXAS COUNTY OF COLLIN Фетел оцено My commission expires: 115/07/ 미 ROXANNE ROWENS My Notary ID # 1995112 Expires January 15, 2021 ja This instrument was acknowledged before me on January 8, 2018 by Phillip Thompson a director of Angel Field East Homeowners' Association, Inc., a Texas nonprofit corporation, in his capacity, as a director.
STATE OF TEXAS COUNTY OF COLLIN My commission expires: This instrument was acknowledged before me on January.
ROXANNE POWENS My Notary ID # 1995112 Expires January 15, 2021 Field East Homeowners' Association, Inc., a Texas nonprofit corporation, in his capacity, as a director.
2018 by Andrew Green, a director of Angel Hisbor Uno STATE ROXANNE P OWENS My Notary ID # 1995112 Expires January 15, 2021 Bylaws of Angel Field East Homeowners' Association, Inc.
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ANGEL FIELD EAST HOMEOWNERS' ASSOCIATION, INC.
FINE AND ENFORCEMENT POLICY Background. The community is subject to that certain Declaration of Covenants, Conditions, and Restrictions for Angel Field East, recorded in the Official Public Records of Collin County, Texas, (the "Declaration"). In accordance with the Declaration, Angel Field East Homeowners' Association, Inc., a Texas non-profit corporation (the "Association") was created to administer the terms and provisions of the Declaration.
Unless the Declaration or applicable law expressly provides otherwise, the Association acts through a majority of its board of directors (the "Board"). The Association is empowered to enforce the covenants, conditions and restrictions of the Declaration Certificate of Formation, Bylaws, the Design Guidelines (if adopted) as each may be
(the "Board"). The Association is empowered to enforce the covenants, conditions and restrictions of the Declaration Certificate of Formation, Bylaws, the Design Guidelines (if adopted) as each may be amended from time to time, and any rules and regulations promulgated by the Association pursuant to the Declaration, as adopted and amended from time to time (collectively, the "Documents”), including the obligation of Owners to pay assessments pursuant to the terms and provisions of the Declaration and the obligations of the Owners to compensate the Association for costs incurred by the Association for enforcing violations of the Documents.
The Board hereby adopts this Fine and Enforcement Policy to establish equitable policies and procedures for the levy of fines within the Association in compliance with the Chapter 209 of the Texas Property Code, titled the "Texas Residential Property Owners Protection Act," as it may be amended (the Act). To the extent any provision within this policy is in conflict with the Act or any other applicable law, such provision shall be modified to comply with the applicable law.
Unoffic Terms used in this policy, but not defined, shall have the meaning subscribed to such term in the Documents.
Policy. The Association uses fines to discourage violations of the Documents, and to encourage compliance when a violation occurs not to punish violators or generate revenue for the Association. Although a fine may be an effective and efficient remedy for certain types of violations or violators, it is only one of several methods available to the Association for enforcing the Documents. The Association's use of fines does not interfere with its exercise of other rights and remedies for the same violation.
ne of several methods available to the Association for enforcing the Documents. The Association's use of fines does not interfere with its exercise of other rights and remedies for the same violation.
Owner's Liability. An Owner is liable for fines levied by the Association for violations of the Documents by the Owner and the relatives, guests, employees, and agents of the Owner. Regardless of who commits the violation, the Association may direct all communications regarding the violation to the Owner.
Amount. The Association 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 Association may establish a schedule of fines for certain types of violations. The amount and cumulative total of a fine must be reasonable in comparison to the violation, and should be uniform for similar violations of the same provision of the Documents. If the Fine and Enforcement Policy Page 1 of 7 6.
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Association allows fines to accumulate, the Association may establish a maximum amount for a particular fine, at which point the total fine will be capped.
Violation Notice. Before levying a fine, the Association will give the Owner a written violation notice and an opportunity to be heard. This requirement may not be waived.
The Association's written violation notice will contain the following items: (1) the date the violation notice is prepared or mailed; (2) a description of the violation; (3) a reference to the rule or provision that is being violated; (4) a description of the action required to cure the violation; (5) the timeframe in which the violation is required to be cured; (6) the amount of the fine; (7) a statement that not later than the thirtieth (30) day
n of the action required to cure the violation; (5) the timeframe in which the violation is required to be cured; (6) the amount of the fine; (7) a statement that not later than the thirtieth (30) day after the date of the violation notice, the Owner may request a hearing before the Board to contest the violation; and (8) the date the fine attaches or begins accruing, subject to the following: a.
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New Violation. If the Owner has not been given notice and a reasonable opportunity to cure the same or similar violation within the preceding six (6) months, the notice will state a specific timeframe by which the violation must be cured to avoid the fine. The notice must state that an future violation of the same rule may result in the levy of fine.
ffici Repeat Violation. In the case of a repeat of the same or similar violation of which the Owner was previously notified and the violation was cured within the preceding six (6) month time period, the notice will state that, because the Owner was given notice and a reasonable opportunity to cure the same or similar violation but the violation has occurred again, the fine attaches from the date of the expiration of the cure period in the violation notice.
Continuous Violation. If an Owner has been notified of either a new violation or a repeat violation in the manner and for the fine amounts as set forth in the Schedule of Fines below and the Owner has never cured the violation in response to either the notices or the fines, in its sole discretion, the Board may determine that such a circumstance is a continuous violation which warrants a levy of a fine based upon a daily, monthly, or quarterly amount as determined by the Board.
The fine shall begin accruing upon the expiration of the cure period in the
nuous violation which warrants a levy of a fine based upon a daily, monthly, or quarterly amount as determined by the Board.
The fine shall begin accruing upon the expiration of the cure period in the violation notice informing the Owner of the Board's decision and amount of fine and the Owner's failure and/or refusal to cure as requested.
Violation Hearing. An Owner may request in writing a hearing before the Board to contest the fine. To request a hearing before the Board, the Owner must submit a written request to the Association's manager (or the Board if there is no manager) within thirty (30) days after the date of the violation notice. Within fifteen (15) days after the Owner's request for a hearing, the Association will give the Owner at least fifteen (15) days advance notice of the date, time, and place of the hearing. The hearing will be scheduled to provide a reasonable opportunity for both the Board and the Owner to attend. Pending the hearing, the Association may continue to exercise its 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 a fine. The hearing will be held in a closed or executive Fine and Enforcement Policy Page 2 of 7 7.
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session of the Board. At the hearing, the Board will consider the facts and circumstances surrounding the violation. The Owner may attend the hearing in person, or may be represented by another person or written communication. If an Owner intends to make an audio recording of the hearing, such Owner's request for hearing shall include a statement noticing the Owner's intent to make an audio recording of the hearing, otherwise, no audio or video recording of the hearing may be made, unless otherwise
request for hearing shall include a statement noticing the Owner's intent to make an audio recording of the hearing, otherwise, no audio or video recording of the hearing may be made, unless otherwise approved by the Board. The minutes of the hearing must contain a statement of the results of the hearing and the fine, if any, imposed. 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 meeting, the notice requirements will be deemed satisfied. Unless otherwise agreed by the Board, each hearing shall be conducted in accordance with the agenda attached hereto as Exhibit A.
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Levy of Fine. Within thirty (30) days after levying the fine the Board must give the Owner notice of the levied fine. If the fine is levied at the hearing at which the Owner is actually present, the notice requirement will be satisfied if the Board announces its decision to the Owner at the hearing. Otherwise, the notice must be in writing. In addition to the initial levy notice, the Association will give the Owner periodic written notices of an accruing fine or the application of an Owner's payments to reduce the fine.
The periodic notices may be in the form of monthly statements or delinquency notices.
Collection of Fines. 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 foreclose its assessment lien on a debt consisting solely of fines. The Association may not charge interest or late fees for unpaid fines.
Unofficia Amendment of Policy. This policy may be revoked or amended from time to time by the Board. This policy will remain effective until the Association records an amendment to
s for unpaid fines.
Unofficia Amendment of Policy. This policy may be revoked or amended from time to time by the Board. This policy will remain effective until the Association records an amendment to this policy in the county's official public records. The notice may be published and distributed in an Association newsletter or other community-wide publication.
Fine and Enforcement Policy Page 3 of 7 Schedule of Fines The Board has adopted the following schedule of fines. The number of notices set forth below does not mean that the Board is required to provide each notice prior to exercising additional remedies as set forth in the Documents. Fines commence upon the expiration of the cure period provided in the Second Notice. The Board may elect to pursue such additional remedies at any time in accordance with applicable law. The Board also reserves the right to set fine amounts on a case by case basis, provided the fine is reasonable in light of the nature, frequency, and effect of the violation: GENERAL FINES: New Violation: 1st Notice 2nd Notice 3rd Notice 4th Notice Each Subsequent Notice: Repeat Violation: 1st Notice 2nd Notice 3rd Notice 4th Notice officia Each Subsequent Notice: Continuous Violation: Final Notice CONSTRUCTION FINES $75.00 $100.00 $125.00 $150.00 Amount TBD Pursuant to the Documents, any prohibited construction activities may be subject to additional fines established by the ACC.
Fine and Enforcement Policy Page 4 of 7 Darling Homes of Texas, LLC.
Attn: Roxanne Owens 2500 Legacy Drive, Suite 100 Frisco, Texas 75034 COUNTY OF COLLIN STATE OF TEXAS cos cos cos BEFORE ME, on this day personally appeated Chitustrer the Secretary of Angel Field East Homeowners' Association, Inc known by me to be the person whose name is
NTY OF COLLIN STATE OF TEXAS cos cos cos BEFORE ME, on this day personally appeated Chitustrer the Secretary of Angel Field East Homeowners' Association, Inc known by me to be the person whose name is subscribed to this instrument, and acknowledged to me that he executed the same for the purposes herein expressed, in the capacity herein stated, and as the act and deed of said corporation.
Given under my hand and seal of office, this day of January, 2018 Notary Public State of Texas CERTIFICATION I hereby certify that, as Secretary of the Angel Field East Homeowners' Association, Inc., the foregoing Fine and Enforcement Policy was approved on the ✗ day of January, 2018, at a meeting of the Board of Directors at which a quorum was present.
DATED this the 8 day of January, 2018 AS Secretary nofficial PUB ROXANNE P OWENS My Notary ID # 1995112 Expires January 15, 2021 Fine and Enforcement Policy Page 5 of 7