The name of the ASSOCIATlON, tNC.ARTICLES OF INCORPORATION OF AUSTOAK (A Tcxrs Non-Proflt Corporrtion) NAME Corporation is AUSTOAK HOMEOWNERSIi;'-! I il, ln; iiilr:fl C: il;i S;lriii+r'y o'l itil; rt; rlr,;i luri:f;iiil0fi$ lk*i;n W€, the undersigned natural persons of the age of eighteen (18) yearsor more, at least two (?l of whom are citizens of the State of Texas, acting as incorporators of a corporation (hereinafter called the rrCorporationrr) under the Texas Non-Profit Corporation Act (hereinafter called therrActr') do hereby adopt the following Articles of lncorporation for such Corporation.
ARTICLE I ARTICLE II NON.PROFIT CORPORATION The Corporation is a non-profit corporation.
ARTICLE III DURATION The period of the duration of the Corporation is perpetual.
ARTICLE IV PURPOSES AND POWERS 1. The Corporation does not contemplate pecuniary gain or profit tothe Members thereof, and its specific and primary purpose is to provide forthe preservation end maintenance of a Single Family Residential Project, asprovided in the Declaration of Covenantsr. Conditions and Restrictions forAustin Oaks (hereinafter referred to Es the rrDeclarationr') r 6D addition located in Tarrant County, Texas (the rrProperty'r).
2. The general purposes and powers are: a. To promote the common g@d, health, safety andgeneral welfare of the residents within the Property; b. To exercise all of the powers and privileges and toperform all of the duties and obligations of the Corporationarising f rom the Declaration applicable to the Property, as
ents within the Property; b. To exercise all of the powers and privileges and toperform all of the duties and obligations of the Corporationarising f rom the Declaration applicable to the Property, as amended from time to time, and recorded or to be recorded in theReal Property Records in the Off ice of the County Clerk ofTerrant County, Texas, the Declaration being incorporeted hereinby referenee for all purpeses; c. To enforce appiiuabie p;'ovisione of the Dcclaretlon,By-Laws, any rules and regulations of the Corporation and anyother instrument for the menrgement and control of the Property; d. To fix, levy, collect and enforce payment by anylawful means, all charges or assessments pursuant to the terms ofthe Declarationl to contract for and pay all expenses inconnection with the maintenance, gardening, utilities, materials,supplies and services relating to the common Properties (as def ined in the Declaration) and facilities; to employ personnel ARTICLES OF'NCORPORATION - Page 1 't reasonably necessary for edministration and control of the Commonpropertiei, including lawyers and accountants where appropriatel and to pay rll office and other expenses incident to the conduct of the business of the Corporation, including all licenses, taxes and special assessments which ar€ or would become a lien on any portion of the ProPertYl e. To have and to exercise any and all powers/ rights and privileges, including delegation of powers as permitted by law, which the Corporation under the Act may now or hereafter have or exercise; f. To acquire (by purchase, grant or otherwise), ennex and merge, own, hold, lmprove, bulld upon, operste, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs
ex and merge, own, hold, lmprove, bulld upon, operste, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Corporationl g. To borrow money, mortgage, pledge or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred in accordance with the Declaretion limitations; and h. To act in the capacity of principal, agent, joint venturer, partner or otherwise.
The foregoing statement of purposes shall be construed as a statement both of purposes and of powers, and the purposes and powers in each clause shall not be limited or rcstricted by rcfcrence to or infcrcnce from the termsor provisions of rny other clause, but shall be broadly construed as independent purposes and powers. Notwithstanding any of the above statements of purposes and powers, the Corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the primary purposes of the Corporation.
ARTICLE V REGISTERED OFFICE AND REGISTERED AGENT The street address of the initial registered office of the Corporation is Four Greenspoint Plaza, 16945 Northchase Drive, Suite 23@t Houston, Texas T160-2103, and the name of its initial registered agent at such address is R obe rt R . F lipp in.
ARTICLE VII ;\, The numberthe Corporation is are: NAME W. Richard Stromatt Robert R. Flippin Joseph D. UreyINITIAL BOARD OF DIRECTORS of Directors constituting the initial Board three (3), and the nrmes and addresses ADDR ESS Four Greenspoint 16945 Northchase Suite 2300 Houston, Texas Fcur Greenspoint Houston, Texas Four Greenspoint 16945 Northchase Suite 2300 Houston, Texasof
s ADDR ESS Four Greenspoint 16945 Northchase Suite 2300 Houston, Texas Fcur Greenspoint Houston, Texas Four Greenspoint 16945 Northchase Suite 2300 Houston, Texasof ofDirectors ofthe persons Plaza Drive 77060-2103 Plaza Drive 77060-2103 P laza Drive 7/060-2103 ARTICLES OF INCORPORATION - Page 2 ]Jt"4 The name and NAME W. Richard Stromatt Robert R. Flippin Joseph D. UreyARTICLE VII INCORPORATORS street address of each incorporator is: ADDRESS Four Greenspoint 16945 Northchrse Suite 23@ Houston, Texas Four Greenspoint 16945 Northchase Sulte 23@ Houston, Texas Four GreensPoint 16945 Northchase Suite 230O Houston, Texas ARTICLE VIIIPlaza Drive 2060-2103 Plaza Drive Ttw-2103 P laza Drive TIc6,0-2103 MEMBERSHIP The authorized number of members and qualifications for membership in the Corporation along with the appurtenant voting rights and other priv.ileges due Owners in the S-ingle Family Residential Project shall be as set out in the Declaration. Every person or entity who is a record Owner of a fee or undivided fee interest in 8ny Lot which is subject to the Declaration, including contract sellers, shall be a Member oI the . Corporation. The foregoin! is not intended to include persons or entities who hold an interest mere'iy a-s security for the performance of an obligation... Membership ql.lt be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Corporation.
ARTICLE IX DISSOLUTION The Corporation may be dissolved in accordance with the limitations set out in the Detlaration. The Corporation is one which does not contemplate pecuniary gain or profit to the Members thereof, and it is organized .solelyior non-ilrofit purposes. ln the event of liquidation, dissolution or winding
Corporation is one which does not contemplate pecuniary gain or profit to the Members thereof, and it is organized .solelyior non-ilrofit purposes. ln the event of liquidation, dissolution or winding up of the Corporation, whether voluntarily or involuntarily, the Directors shall dispose of the property and assets of the Corporation in such manner 8s they, in.the exercise of their discretion (as set out in the Declaration), dee.m appropriatel provided, however, that such disposition shall be exclusively inth; f urtherance of the object and purposes for which the Corporation is formed, and shall not accrue to the benefit of eny Director of the Corpor-ation or any individual having a personal or private interest in the affairs of the Corpoiation or eny orginization which engages in any activity in which the Corporation is precluded from engaging.
lN WITNESS, WHEREOF, we have hereunto set our hands this .qg day of f,tr, (rre ', 1990.
ARTICLES OF INCORPORATION - Page 3 THE STATE OF TEXAS couNTY oF /arr, t This Notary PuDiic STATE OF TEX{S 9-a.i-qI THE STATE OF TEXAS couNTY oF llqrrt.s This instrument wass s s acknowledged before me on the 3/ sr day of ROBERT R. FLIPPIN.5 s s acknowledged W. R ICHARDbefore me STROMATT.on the 31 s f daY of ?-as'qt THE STATE OF TEXAS COUNTY OF .,q,,,' Q - a { -g tTHE STATE lut 5 s 5 acknowledged before me on the .3 /sf day of JOSEPH D. UREY.instrument was THE STATE OF TEXAS OF TEXAS )n This instrument was 1990, by THE STATE OF TEXAS ARTICLES OF INCORPORATION - Page 4