RP-2016-282255 RP-2016-282255 06/29/2016 ER $28.00 CITY PLAZA OWNERS ASSOCIATION, INC.
June 23, 2016 RESOLUTION REGARDING ADOPTION OF THE FIRST AMENDMENT TO THE BY-LAWS OF CITY PLAZA OWNERS ASSOCIATION, INC.
The undersigned, being a duly authorized representative of City Plaza Owners Association, Inc., (the "Association"), a Texas Non-Profit Corporation, pursuant to Article 1396 of the Texas Non-Profit Corporation Act, and §82.113 of the Texas Uniform Condominium Act ("TUCA”) adopt this Resolution regarding adoption of the Association's First Amendment to the By-Laws.
WHEREAS, the Association is responsible for the governance and maintenance of City Plaza Condominiums as described in the Declaration of Condominium of City Plaza, a Condominium and the Plats and Exhibits, recorded under Film Code No. 185069 in the Condominium Records of Harris County, Texas, and all amendments; and WHEREAS, the Association exists pursuant to state law and its governing documents; and WHEREAS, on or about June 14, 2002, the By-Laws for City Plaza Owners Association, Inc. were adopted by the Association; and WHEREAS, ARTICLE XI. Amendments to By-Laws, provides that the By-Laws may be amended upon the affirmative vote of the members holding votes equal to 66 2/3% of the percentage ownership in the Common Elements; and WHEREAS, proper notice having been given, the First Amendment to the By-Laws attached hereto as Exhibit "A" and incorporated herein for all purposes was voted on and approved by members holding votes equal to 66 2/3% of the percentage ownership in the Common Elements.
NOW THEREFORE, the undersigned Directors swear and confirm that the members holding votes equal to 66 2/3% of the percentage ownership in the Common Elements of the
e ownership in the Common Elements.
NOW THEREFORE, the undersigned Directors swear and confirm that the members holding votes equal to 66 2/3% of the percentage ownership in the Common Elements of the Association did approve the First Amendment to the By-Laws.
The attached amendment to the By-Laws shall be deemed to be part of and shall be interpreted in accordance with the By-Laws. All provisions of the By-Laws not amended are hereby ratified and confirmed in each and every particular, and shall continue in full force and effect pursuant to the terms of the By-Laws.
IN WITNESS WHEREOF, the undersigned, being the President and Secretary of the Association, hereby executed this document acknowledging that the attached amendment to the ByLaws was approved by members holding votes equal to 66 2/3% of the percentage ownership in the Common Elements.
The undersigned has been duly authorized to execute and deliver this instrument.
Dated: June 23, 2015 SDG: CITY-0001 Page | 1 RP-2016-282255 APPROVAL AFFIDAVIT THE STATE OF TEXAS COUNTY OF HARRIS ess ess ess BEFORE ME, the undersigned authority on this day personally appeared Martin as President and Delia Saenz Fingernut as Secretary of City Plaza Owner's Association, Inc., attorney of record for City Plaza Owners Association, Inc., who, after first being duly sworn, deposed and stated as follows: "Members holding votes equal to 66 2/3% of the percentage ownership in the Common Elements of the Association formally approved the First Amendment to the By-Laws as required by law."
Further affiant sayeth not.
By: MARTIN FINGERHUT President By: Delia Saenz Secretary THE STATE OF TEXAS § COUNTY OF HARRIS cos cos cos § ACKNOWLEDGMENT Martin Fingerhut, as President and Delia Saenz as
urther affiant sayeth not.
By: MARTIN FINGERHUT President By: Delia Saenz Secretary THE STATE OF TEXAS § COUNTY OF HARRIS cos cos cos § ACKNOWLEDGMENT Martin Fingerhut, as President and Delia Saenz as Secretary of City Plaza Owners Association, Inc., acknowledged this instrument before me on the 23 day of June, 2016.
136 APRIL BONNER SIMONS Notary Public, State of Texas My Commission Expires August 25, 2019 ани Notary Public in and for the State of Texas After Recording, Return To: SEARS BENNETT GERDES LLP ATTORNEYS AT LAW 9700 RICHMOND AVENUE, SUITE 222 HOUSTON, TEXAS 77042 SDG: CITY-0001 Page 3 RP-2016-282255 CITY PLAZA OWNERS ASSOCIATION, INC., a Texas non-profit corporation, acting through its President and Secretary By: MARTIN FINGERANT, President By: Deli Delia Saenz Secretary THE STATE OF TEXAS COUNTY OF HARRIS cos cos cos § ACKNOWLEDGMENT Martin Fingerhut, as President and Delia Saenz as Secretary of City Plaza Owners Association, Inc., acknowledged this instrument before me on the 23 day of June, 2016.
TAN PL.
APRIL BONNER SIMONS Notary Public, State of Texas My Commission Expires August 25, 2019 Notary Public in and for the State of Texas SDG: CITY-0001 Page 2 RP-2016-282255 FIRST AMENDMENT TO THE BY-LAWS OF CITY PLAZA OWNERS ASSOCIATION, INC.
AMENDMENT NO. 1: Article III, Section 5 is amended to read as follows: ARTICLE III Meeting of Members Section 5. Notice of Meetings Written or printed notice stating the purpose, place, day and hour of any meeting of members shall be mailed or delivered to each member entitled to vote at such meeting, not less than ten (10) days nor more than thirty (30) days before the date of such meeting, by or at the direction of the President
mailed or delivered to each member entitled to vote at such meeting, not less than ten (10) days nor more than thirty (30) days before the date of such meeting, by or at the direction of the President or the Secretary, or the officer or persons calling the meeting, provided that notice of the first annual meeting of the members shall be mailed or delivered not less than twenty-one (21) nor more than thirty (30) days before the date of such meeting. The notice of a meeting shall be deemed mailed when deposited in the United States mail addressed to the member at his or her address as it appears on the records of the Association, with proper postage thereon prepaid. The notice may also be emailed to a member at the email address last provided by the member to the Association for the purpose of receiving notices. The notice of a meeting shall be deemed delivered when the Association sends the notice to the member's email address as it appears on the records of the Association.
AMENDMENT NO. 2: Article IV, Section 6 is amended to read as follows: ARTICLE IV Board Section 6. Notice Written notice of any special meeting of the Board shall be mailed or delivered to all members of the Association at least 48 hours prior to date of such special meeting. Written notice of regular meetings of the Board shall be mailed or delivered to all members of the Association at least 48 hours prior to the date of such meeting. All such notices shall be deemed to be mailed when deposited in the United States mail addressed to each member at his or her address as it appears on the records of the Association, with proper postage thereon prepaid. The notice may also be emailed to a member at the email address last provided by the member to the Association for the purpose of receiving
rds of the Association, with proper postage thereon prepaid. The notice may also be emailed to a member at the email address last provided by the member to the Association for the purpose of receiving notices. The notice of a meeting shall be deemed delivered when the Association sends the notice to the member's email address as it appears on the records of the Association. The business to be transacted at, or the purpose of any regular or special meeting of the Board, shall be specified in the notice. Notices of a regular meeting of the Board need not be served on members of the Board.
However, copies of said notices of meetings of the Board shall be posted in entranceways or other conspicuous places in the Condominium designated by the Board at least 48 hours prior to the meeting.
SDG: CITY-0001 EXHIBIT " "A" Page 4 RP-2016-282255 RP-2016-282255 # Pages 5 06/29/2016 02:50 PM e-Filed & e-Recorded in the Official Public Records of HARRIS COUNTY STAN STANART COUNTY CLERK Fees $28.00 RECORDERS MEMORANDUM This instrument was received and recorded electronically and any blackouts, additions or changes were present at the time the instrument was filed and recorded.
Any provision herein which restricts the sale, rental use of the described real property because of color or race is invalid and unenforceable under federal law.
THE STATE OF TEXAS COUNTY OF HARRIS I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped hereon by me; and was duly RECORDED in the Official Public Records of Real Property of Harris County, Texas.
OF COUNTY * RRIS COUNTY TEXAS Stan Stanart COUNTY CLERK HARRIS COUNTY, TEXAS or