ELECTRONICALLY RECORDED 201200004643 01/06/2012 10:42:14 AM BY-LAWS 1/33 COURTYARDS ATN SX HOMEOWNERS AS TION (A Texas Property Own al eddn. June.30; 2010, at Instrument 963, Real Property Records. Dallas County, Bylaws are to be recorded in the Real. Property BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION (A Texas Property Owners Association) TABLE OF CONTENTS z og m ARTICLE | - INTRODUCTION 1.1, PROPERTY ].2. DECLARATION 1.3, DEFINITIONS 1.4. DECLARANT CONTROL 1.5, PARTIES TO BYLAWS 1.6. TYPE OF ORGANIZATION 1.7, APPLICABLE LAW 1.8, GENERAL POWERS AND DUTIES eS Seer ARTICLE 2 - BOARD OF DIRECTORS 2.1. NUMBER AND TERM OF OFFICE 2.2. STAGGERED TERMS 2.3. QUALIFICATION 2.4. ELECTION 2.5. VACANCIES 2.6. REMOVAL OF DIRECTORS 2.7. MEETINGS OF THE BOARD \ 2.8. ACTION WITHOUT MEETING © 2.9. POWERS AND DUTIES 2.10. FIDELITY BONDS SS ARTICLE 3 — OFFICERS 3.1. DESIGNATION 3.2. ELECTION OF OFFICERS 2 IJ pb aH A EW woman n aw 4.1. SEPARATE LIAB 4.2 GENERAL STAN 4.3, RELIANCH TERESTS | 10 EETINGS OF THE ASSOCIATION 10 EETING 10 2, MEETINGS 10 ‘5.3. PLACE OF MEETINGS 10 3.4. NOTICE OF MEETINGS if 3.5. RECORD DATE ul 3.6. ELIGIBILITY I 5.7, QUORUM 1 5.8. LACK OF QUORUM 12 5.9. VOTES 12 Tabie of Contents - - BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION — Page 1 5.10. PARTICIPATION 13 5.11, PROXIES 13 5.12. CONDUCT OF MEETINGS 13 5.13. ORDER OF BUSINESS 13 5.14. ADJOURNMENT OF MEETING l4 5,15, ACTION WITHOUT MEETING 14 5.16. MEETINGS BY REMOTE COMMUNICATIONS 4 ARTICLE 6 — RULES 14 6.1, RULES I4 6.2. ADOPTION AND AMENDMENT 14 6.3. NOTICE AND COMMENT I4 6.4. DISTRIBUTION : IS ARTICLE 7 - ENFORCEMENT 15 7.1, ACTIONS REQUIRING NOTICE AND HEARING 15 7.2, NOTICE IS 7.3, HEARING 16 7.4. ACTIONS EXEMPT FROM NOTICE AND HEARING REQUIREMENTS
CE AND COMMENT I4 6.4. DISTRIBUTION : IS ARTICLE 7 - ENFORCEMENT 15 7.1, ACTIONS REQUIRING NOTICE AND HEARING 15 7.2, NOTICE IS 7.3, HEARING 16 7.4. ACTIONS EXEMPT FROM NOTICE AND HEARING REQUIREMENTS 7.5. IMPOSITION OF FINE 17 7.6. REIMBURSEMENT OF EXPENSES AND LEGAL FEES 17 7.7. ADDITIONAL ENFORCEMENT RIGHTS ARTICLE 8 - OBLIGATIONS OF THE OWNERS 8.1. NOTICE OF SALE 18 8.2. PROOF OF OWNERSHIP 9 8.3. OWNERS’ INFORMATION © 19 8.4. MAILING ADDRESS 8.5. REGISTRATION OF MORTGAGEES 8.6. ASSESSMENTS 19 8.7. COMPLIANCE WITH DOCUMENTS 19 19 19 20 20 20 22 22 22, 23 a3 a2 DRY INDEMNIFICATION 22 INS TO MANDATORY INDEMNIFICATION a3 co ES 24 11.5. INDEMNIFICATION OF OTHER PERSONS 24 ARTICLE 12 - DECLARANT PROVISIONS 24 12.4. CONFLICT 24 12.2. BOARD OF DIRECTORS 2+ 12.3. TRANSITION MEETING 24 Table of Contents - - BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION — Page 2 ARTICLE 13 - AMENDMENTS TO BYLAWS 13.1, AUTHORITY 13.2, AMENDMENTS BY MEMBERS 13.3, EFFECTIVE 13.4. MORTGAGEE PROTECTION 13.5. DECLARANT PROTECTION ARTICLE 14- GENERAL PROVISIONS 14.1. DRAFTER'S INTENT 14.2, CONFLICTING PROVISIONS 14.3. SEVERABILITY 14.4, CONSTRUCTION 14,5. FISCAL YEAR 14.6. WAIVER CERTIFICATION & ACKNOWLEDGMENT © Table of Contents -- BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION — Page 3 BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION (A Texas Property Owners Association) ARTICLE I INTRODUCTION 1.1. PROPERTY. These Bylaws provide for the governance of Normandy, a planned community located in University Park, Dallas County, Texas; 1.2. DECLARATION, The Property is subject to a_nur Ge i : documents, including the Declaration of Covenants, Conditi estNicivods for Courtyards at Normandy, recorded or to be recorded in the Real Prope; ex (the "Declaration").
erty is subject to a_nur Ge i : documents, including the Declaration of Covenants, Conditi estNicivods for Courtyards at Normandy, recorded or to be recorded in the Real Prope; ex (the "Declaration").
1.3, DEFINITIONS. Words and phrase: ined in eclaration have the same meanings when used in these Bylaws.
1.4. DECLARANT PONIES No inf anything to the contrary in these Bylaws, a number of provisions in th modified by Declarant's rights and beseprauons uncer the Declaration during t Control Period and the Development : ni, removal, and replacement of directors, as well as the weight of votes Gp cated, to flofs owned by Declarant. See Article 16 of the Declaration, which has prio PRR Aws.
who use or occupy the D Thay manner are subject to these Bylaws. the Declaration, and the other Governin APPLICABLE LAW. The Association is a legal entity governed by the Texas Businéss“Organizations Code (the "Code"). If the Associalion is not incorporated, it is an unincorporated nonprofit association subject to Chapter 252 of Title 6 of the Code. the Texas Uniform Unincorporated Nonprofit Association Act. If the Association is incorporated. it is a domestic nonprofit corporation subject to Chapter 22 of Title 2 of the Code, the Texas Nonprofit Corporation Law. If not incorporated. the Association. at its discretion, may use the Texas Nonprofit Corporation Law for guidance in governing the Association. Sections of the Code that BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION -- Page | are cited in these Bylaws are incorporated herein by reference, whether or not the Association is incorporated.
1.8. GENERAL POWERS AND DUTIES. The Association, acting through the board,
ION -- Page | are cited in these Bylaws are incorporated herein by reference, whether or not the Association is incorporated.
1.8. 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 Governing Documents and applicable 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 limitations upon the exercise of such powers as may be con din applicable law or the Governing Documents.
ARTICLE 2 BOARD OF DIRECTORS his successor is elected or appointed.
2,2. STAGGERED TERMS. To maintetm elected in even-numbered years. and threg diregte lected in odd-numbered years. To establish staggered terms, at the first i t transition meeting, the candidates receiving the most votes will serve 2-year ‘term e candidates receiving the next-highest votes will serve initial terms of one ye will serve a 2-year term, and js nex even-numbered year, the tweSw highest vote getters will If the board is ever ele terms.
St vote getters will serve 1-year terms. In an ers will serve 2-year terms. and the next three ~Thereafter, their successors will serve 2-year terms.
e same method will be used to re-establish staggered TON. The following qualifications apply to the election or Ihe board. (See Article 16 of the Declaration for the number and Owners. At least a majority of the directors must be members of the . spouses of members, or residents of the Property.
2.3.2. Entity Member. If a lot is owned by a legal entity, such as a partnership or
ers. At least a majority of the directors must be members of the . spouses of members, or residents of the Property.
2.3.2. Entity Member. If a lot is owned by a legal entity, such as a partnership or oration, any officer, partner, agent. or employee of that entity member is eligible to serve as a director and is deemed to be a member for the purposes of this Section. If the relationship between the entity member and the director representing it terminates, that directorship will be deemed vacant.
BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION - - Page 2 2.3.3. Delinquency. No person may be elected or appointed as a director if any assessment against the person or his lot is more than 30 days' delinquent at the time of election or appointment, provided he has been given notice of the delinquency and a reasonable opportunity to cure it.
24. ELECTION. Directors will be elected by the members of the Association. The election of directors wil! be conducted at the annual meeting of the Association, at any special meeting called for that purpose. or by any method permitted by applicable law, such as 22.160(d) of the Code. which may include, without limitation, mail, facsimile trans: electronic mail, or a combination of any of these.
by a vote of the Association's mena. who will elect occurring because of an increase in the number of directors, of the members, d (2) a vacancy ill be filled by election 2.6. REMOVAL OF DIRECTORS.
2.6.1. Removal by Membexs. A eeting of the Association or at any special meeting of the Associatio Kotte ose of removing a director, any one or more of the directors may be rem without cause by members representing at least two-thirds of the votcg person or by proxy at the meeting, and a
Associatio Kotte ose of removing a director, any one or more of the directors may be rem without cause by members representing at least two-thirds of the votcg person or by proxy at the meeting, and a af by fhe members must be given an opportunity to be a. director is a party adverse to the Association, the board, or a committee of the Association in pending litigation to which the Association, board. or ommittee is a party. provided the Association did not file suit to effect removal of the director.
b. The director's account with the Association has been delinquent for at least 90 days or has been delinquent at least 3 times during the preceding 12 months, provided he was given notice of the default and a reasonable opportunity to cure.
BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION - - Page 3 c. The director has refused or failed to attend 3 or more meetings of the board during the preceding 12 months, provided he was given proper notice of the meetings.
2.6.3. No Removal by Officers. A director may not be removed by officers of the Association. acting in their capacity of officers of the Association, under any circumstance.
2.7. MEETINGS OF THE BOARD, 2.7.1. Organizational Meeting of the Board. Within 10 days after officers. The time and place of the meeting will be fixed by the board the directors.
that is reasonably convenient for the greatest nun facility that is sufficiently large to accommodate tl attend board meetings as observers. The decision of meeting by meeting basis by the officer ay Wjrector alls the meeting, by board resolution. or by any other practice that is chgtOwary for property owners associations.
gs as observers. The decision of meeting by meeting basis by the officer ay Wjrector alls the meeting, by board resolution. or by any other practice that is chgtOwary for property owners associations.
The board is not required (1) to conduct jt stittgs at the Property, (2) to maintain a fixed place for its meetings, (3) to select pat is convenient to owners, or (4) to select a facility that accommods a nber of spectator members than is ors.-fnd at a place or owners who typically customary.
2.7.3 fes. Regular meetings of the board may be held ata time and place that thg j iehmitigs . from time to time, but at least one such meeting must be held each {or quaste th or without notice. Special meetings of the board e president or, if he is absent or refuses to act, by the ime, and place. Notice of a special meeting must be given at least one day of the meeting. If notice is given. it may be given by any method or 2.7.5. Informing Members of Board Meetings. The board will try to inform Association members of the time and place of each board meeting. The information may be imparted by any method or combination of methods that is likely to be available or communicated to most if not all members in a timely manner, such as by posting on the Association's website. by broadcast email. by signs posted at the Property. or by handdelivered fliers. On the written request of an owner, the Association will provide the BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION - - Page 4 owner with the time and place of the next regular or special meeting of the board. The failure of the Association to disseminate and the failure of an owner to receive timely or accurate information about the date. time, and place of a meeting does not invalidate the meeting.
board. The failure of the Association to disseminate and the failure of an owner to receive timely or accurate information about the date. time, and place of a meeting does not invalidate the meeting.
2.7.6. Conduct of Meetings. The president presides over meetings of the board and the secretary keeps. or causes to be kept, a record of resolutions adopted by the board and a record of transactions and proceedings occurring at meetings. When not in with law or the Governing Documents, the then current edition of Robert 's Rules governs the conduct of the meetings of the board.
2.7.7. Quorum. At meetings of the board, a majority of direg a quorum for the transaction of business, and the acts of the majo rs present at a meeting at which a quorum is present are the acts of she léss than a quorum is present at a meeting of the board, the majority of tf adjourn the meeting from time to time.. At any reconvened meg#ifig-a i loruny is present, any business that may have been transacted at the igi transacted without further notice.
2.7.8. Minutes. The written report gi\ meeting until approved by the directors at actions taken by the board, but need not rg e meeting. The minutes must report bstance of discussion. The board is director. The president idfign Ys not prohibited from voting and is not limited to tie-breaking votes. efor: Log participate by proxy at meetings of the board.
2.7.10. 0 gular and special meetings of the board are open to members of the A bject to the following provisions to the extent permitted or Godp br video recording of the meeting may be made, except by the board ith Me board's prior express consent.
MeMbers who are not directors may not participate in board deliberations der any circumstances. and may not participate in board discussions unless
t by the board ith Me board's prior express consent.
MeMbers who are not directors may not participate in board deliberations der any circumstances. and may not participate in board discussions unless the board expressly so authorizes at the meeting.
e Executive sessions are not open to members.
d. The board may prohibit attendance by non-members. including representatives, proxies, agents, and attorneys of members.
BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION -- Page 5 e. The board may prohibit attendance by any member who disrupts meetings or interferes with the conduct of board business.
f. The board may but is not required to publish to members the time, date, and place of board meetings. but will provide the information if requested in writing by a member on a meeting by meeting basis.
2.7.11, Executive Session. The board may adjourn any regular or special meeting of the board and reconvene in executive session, subject to the following conditiog announced in open session.
b. No action may be taken nor decision made in executives discussion and informational purposes only.
c. The limited purposes for which the board are (1) to confer with the Association's lg or resolution of claims with which the AS (3) to discuss labor or personnel alleged violation by an owner knowledge would be injurious Je discuss matters of a mos d. At the end of the executive segs the board must return to the open meeting and announce the géyePalNaatyre of the business that was considered in executive non ry véta, Xt, or decision that would have been made in executive i the board determines that public er, and (5) on advice of counsel, to pating in the meeting can hear each other. Participation in such meeting
Xt, or decision that would have been made in executive i the board determines that public er, and (5) on advice of counsel, to pating in the meeting can hear each other. Participation in such meeting s présence in person at the meeting, except where a person participates in the ind far the express purpose of oklecting to the transaction of any business on the “ACTION WITHOUT MEETING. Any action required or permitted to be taken by the hoard at a meeting may be taken without a meeting, subject to the following requirements: 2.8.1. Unanimous Consents. If all directors individually or collectively consent in wtiting to such action, the written consents have the same force and effect as the unanimous approval of directors al a meeting.
BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION - - Page 6 2.8.2. Majority Consents. If at least a majority of the directors, individually or collectively, consent in writing to such action, the written consents have the same force and effect as approval by a majority of the directors at a meeting. Prompt notice of the action so approved must be delivered to each non-consenting director.
2.8.3. Procedures. Written consents must state the date of each director's signature. The required number of written consents must be received by the Assogiation necessary for the adminisiration of the Association and for the operation and@ Property. The board may do all acts and things except those which, b Governing Documents, or powers and duties as may hergaleér be jp ed“on the board by ¢, but are not limited to, the following: 2.9.1. Appointment of Committees. KueNgoard, by resolution. may from time to time designate standing or ad hoc commpitteg dvise ot assist the board with its
y ¢, but are not limited to, the following: 2.9.1. Appointment of Committees. KueNgoard, by resolution. may from time to time designate standing or ad hoc commpitteg dvise ot assist the board with its responsibilities. The resolution ma; a Bs) OD poses and powers of the committee created, provide for the appointm give 3 jzéomimittee members, and may provide for reports, termination, and other give matters deemed appropriate by the board. Members of committee inted from among the owners and residents.
The board may not appatyt a gofimitfe’ ft act in its place in managing the affairs of the Association.
e d may employ a manager or managing agent for the Association, at a established by the board, to perform duties and services authorized by ‘ during, or in the aftermath of an emergency, the officers and directors authorize any action they deem necessary or advisable to protect lives and 2.10. FIDELITY BONDS. Any person handling or responsible for Association funds.
including officers, agents, and employees of the Association. must furnish adequate fidelity bonds. The premiums on the bonds may be a common expense of the Association.
ARTICLE 3 BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION - - Page 7 OFFICERS 3.1. DESIGNATION. The principal officers of the Association are the president, the vice-president, the secretary, and the treasurer. The board may appoint one or more vicepresidents and other officers and assistant officers as it deems necessary. The president and secretary must be directors. Other officers may, but need not, be members or directors. Any two offices may be held by the same person, except the offices of president and secretary. If an officer is absent or unable to act, the board may appoint a director or a committee to perfgrm the
Any two offices may be held by the same person, except the offices of president and secretary. If an officer is absent or unable to act, the board may appoint a director or a committee to perfgrm the duties of that officer and to act in place of that officer, on an interim basis.
designated by the board.
3.3. REMOVAL AND RESIGNATION OF OFFICERS remove any officer, with or without cause, at any regular meg meeting of the board called for that purpose. A successor mg meeting of the board called for that purpose. An officer ma notice to the board. Unless the notice of resig n state fs received by the board and does not require acceptan the board. The resignation or removal of an officer who is also a director does not constipate tion or removal from the board.
3.4.1. President. As th pt e itive officer of the Association, the president: (1) presides at all meeting A€spcl4tion and of the board; (2) has all the general powers and duties why Erwy On, and control of the business of the Association.
. and (4) sees that all orders and resolutions of the board Ssitlent. The vice-president acts in place of the president in event sence, inability, or refusal to act. The vice-president also exercises 3.4.4. Treasurer. The treasurer: (1) is responsible for Association funds; (2) keeps full and accurate financial records and books of account showing all receipts and disbursements; (3) prepares all required financial data and tax returms; (4) deposits all monies or other valuable effects in the name of the Association in depositories as may BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION -- Page & from time to time be designated by the board: (5) prepares the annual and supplemental budgets of the Association; (6) reviews the accounts of the managing agent on a monthly
ERS ASSOCIATION -- Page & from time to time be designated by the board: (5) prepares the annual and supplemental budgets of the Association; (6) reviews the accounts of the managing agent on a monthly basis in the event a managing agent is responsible for collecting and disbursing Association funds; and (7) performs all the duties incident to the office of treasurer.
3.5. AUTHORIZED AGENTS. Except when the Governing 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 f of the Association.
ARTICLE 4 STANDARDS e from its 4.1. SEPARATE LIABILITY. The Association is a legal i contract members for the purposes of determining and enforcing right gs.\a tort or omission merely because they are members, directors, or officers of the Assdgiatigr nember has the right to assert a claim against the Association, and the Ass i aft to assert a claim against a member.
4.2. GENERAL Se T director of the Association are the Stati corporation, as stated in the Code as it ma 22.221 and 22,235 of the Code provid dards of duty for an officer or officers and directors of a nonprofit a. A director will dig a manner the did Nardard for discharging duties. A person seeking to establish cer or director must prove that the officer or director did not act (1) A public accountant, (4) an investment banker, or (5) a person whom the officer or directoxrefsonably believes to possess professional expertise in the matter, and (6) in the case of a director, a committee of the Association of which the director is not a member. Such reliance
r or directoxrefsonably believes to possess professional expertise in the matter, and (6) in the case of a director, a committee of the Association of which the director is not a member. Such reliance must be exercised in good faith and with ordinary care. An officer or director may not rely on such information if he has actual knowledge that makes the reliance unwarranted, BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION - - Page 9 4.4. COMPENSATION. Except as permitted below, a director, officer. member, or resident is not entitled to receive financial or monetary profit from the operation of the Association, and no funds or assets of the Association may be paid as salary or compensation to, or be distributed to. or inure to the benefit of a director. officer, member, or resident.
Nevertheless, a. 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 congection with the administration of the affairs of the Association, provided the exp been approved by the board.
b. This Section does not apply to distributions to lot owners permitted g Declaration, applicable law, or a court order.
4.5. LOANS. The Association may not loan money to or gua lda or director of the Association.
46. CONFLICT OF INTERESTS. If a cont 5 Association, it is not disallowed merely because an off or, or member of the Association has a financial interest in the trans . provide the "interested" officer, director, or member fully and accurately discloses ture of his interest to the board in a manner that is timely for the board's considerati ontract or transaction, and (2) the "interested" officer or director does not,parti vote to approve the contract or
of his interest to the board in a manner that is timely for the board's considerati ontract or transaction, and (2) the "interested" officer or director does not,parti vote to approve the contract or transaction, although the "interested" dirkeet ) ted toward a quorum at the meeting.
Nothing in this Section may be construed the board from adopting policies and procedures that are more stringent thi res ments of this Section, or of applicable law, such as Sections 1.003, 1.004, oy of “Ode.
TICLE OF THE ASSOCIATION acfition, nor require that the petition be offered to every member of the Association.
Signatures on petitions need not be notarized or witnessed. An electronic or faxed petition is acceptable if the "signer’s" identity is reasonably discernible.
5.3. 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.
BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION - - Page 10 5.4. NOTICE OF MEETINGS. Subject to the provisions below, at the direction of the board, written notice of meetings of the Association will be given to an owner of each lot50 at least 10 days but not more than 60 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 as annual or special, and will state the particular purpose of a special meeting. Notices may also set forth any other items of information deemed appropriate by the board.
5.4.1. Notice Exception. Individual notice of the regular annual meeting 4 Association is not required if (1) the time and place of the meeting is largel from year to year and (2) information about the time and place is routinel meeting.
otice of the regular annual meeting 4 Association is not required if (1) the time and place of the meeting is largel from year to year and (2) information about the time and place is routinel meeting.
§.4.2. Special Meeting Notice. Within 30 receipt of petition, the board must give all members board fails or refuses to call the special meeting in a of owners may do so provided the notice ofdmse individual members, and further provided tha every lot in accordance with these BylawseF péss, except the purpose stated in the jai meeting.
5.5. RECORD. DATE, Beféte establish a list of all members, Poy pu identifying members who arg i These membership lists pee date on which these list§ Date for an Association x notice is distributed 9 reGeiving a meeting notice, and a list or way of at the meeting because of a delinquent account.
5.6.
meetings. Association meetings, and to be counted towards a quorum, even if the effots may change during a year, the ownership as of the Record Date is used to produce the membership list for use in connection with the meeting.
5.6.2. Voting. The board may determine that a member may not vote at a ting y meeting of the Association if the member's financial account with the Association is in arrears on the Record Date, provided (1) the ineligibility applies to every member whose BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION -- Page 11 financial account is delinquent, and (2) each 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. The Record Date determination of members entitled to vote at a meeting of the Association is effective for
rd may specify the manner, place, and time for payment for purposes of restoring eligibility. The Record Date determination of members entitled to vote at a meeting of the Association is effective for any adjournment of the meeting, provided the dale of the adjourned meeting is not more than 30 days after the original meeting. The board is not required to disqualify owners with delinquent accounts, and may allow all owners to vote regardless of arrearages.
quortum.
5.8. LACK OF QUORUM. If a quorum is not present Association for which proper notice was given, members repyesetring votes present at the meeting, although not constituting a quofupt: eg for not more than 24 hours in order to attain a quorum, provided the pfacé¢ of the meeting remains as stated in the notice. If the meeting is adjourned without \ttaigmedt Of a quorum, notice of a new meeting for the same purposes within 15 to 30 may De.givento an owner of each lot, at which re-called meeting the quorum requirement is ed to half the number of lots required for the first call of the meeting.
5.9. VOTES. The vote of mentee rap en) vat least a majority of the votes cast at members for all purposes, except when a any meeting at which a quorum is present\g isla Declaration, or by applicable law. Cumulative higher percentage is required by these she voting is prohibited. © 59.1. ot is owned by more than one member, the vote ollows. If only one of the multiple owners of a lot is present at a meet, If more than gne uffiple owners is present, the vote allocated to the lot may be ith the owners' unanimous agreement. Multiple owners are in if onc of the multiple owners casts the vote allocated to a lot and dence that a person voting on behalf of an enlity is qualified to vote.
ith the owners' unanimous agreement. Multiple owners are in if onc of the multiple owners casts the vote allocated to a lot and dence that a person voting on behalf of an enlity is qualified to vote.
5.9.3, Association-Owned Lots. Votes allocated to a lot owned by the Association may be counted towards a quorum only, and may not be voted.
BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION -- Page 12 5.9.4. Lots Owned by Declarant or Builders. Article 16 of the Declaration may establish different voting rights during the Development Period.
5.10. PARTICIPATION, Members may participate in person or by proxy at meetings of the Association. A member who participates is deemed "present" and may be counted towards a quorum unless the member participates for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened.
5.11. PROXIES. A member may participate in the affairs of the Association tl power of attorney or through a proxy. To be valid, each proxy must (1) be signed andvdatad Py a member or his attorney-in-fact; (2) identify the lot to which the vote is appurtenant, pitate the person or position (such as "presiding officer") in favor of whom the prox person having agreed to exercise the proxy; (4) identify the meeting for whicls (>) not purport to be revocable without notice; and (6) be delivered to the s te Q.the person enéwing proxies are ember must give meeting for which the éeting which is adjourned, recessed. or rescheduled is valid when the meeting résorNenes. A proxy delivered by email or by : boxy's authenticity can be confirmed as/been acknowledged or sworn to by fo take acknowledgments and oaths. or permitted, provided they are revocable. To revoke a proxy, tl
delivered by email or by : boxy's authenticity can be confirmed as/been acknowledged or sworn to by fo take acknowledgments and oaths. or permitted, provided they are revocable. To revoke a proxy, tl actual notice of revocation to the person presiding over the to the reasonable satisfaction of the board,(2) the member, before and certified by an “a d (3) the Association also receives the origina 5.12. iY president, or any person designated by the board, presides over meeting on. The secretary keeps, or causes to be kept, the minutes of the meeting w) ord“ail resolutions adopted and all transactions occurring votes taken at the meeting. The person presiding over the fe meeting may appoin, ytarian. The then current edition of Robert's Rules of Order governs the conduct pf Documents. Votes Allied by tellers appointed by the person presiding over the meeting.
Dgtermine votes present by roll call or check-in procedure Announcement of quorum -- Proof of notice of meeting -- Approval of minutes of preceding meeting -- Reports -- Election of directors (when required) — Unfinished or old business BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION -- Page [3 -~ New business 5.14. ADJOURNMENT 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.
5.15. ACTION, WITHOUT MERTING. 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 vote by Ballots delivered by any method allowed by applicable law, which may include hand delivery for the express purpose of objecting to the transactta
tten consents. The board may permit members to vote by Ballots delivered by any method allowed by applicable law, which may include hand delivery for the express purpose of objecting to the transactta meeting is not lawfully called or convened. B automatically consents to the use of commufi Association, provided the owners of at I 5 pe the form of technology chosen by the board} 6.1. RULES.
reasonable rules and pegt : anagement, operation, use, conservation, and beautification of health, comfort, and general welfare of the residents; provided, ADOPTION AND AMENDMENT. Any rule may be adopted, amended. or the board, provided that the rule and the requisite board approval are properly 6.3. NOTICE AND COMMENT, At least 10 days before the effective date, the board will give written notice to an owner of each lot of any amendment, termination, or adoption of a rule. or will publish same in a newsletter. on the Association's website. or in any form or medium that is circulated or available to the members. The board may, but is not be required, to give BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION - - Page 14 similar notice to residents who are not members. Any member or resident so notified has the right to comment orally or in writing to the board on the proposed action.
64. DISTRIBUTION. On request from any member or resident, the board will provide a current and complete copy of rules. Additionally, the board will, from time to time, distribute copies of the current and complete rules to owners and, if the board so chooses, to nonmember residents.
ARTICLE 7 ENFORCEMENT 7.1. ACTIONS REQUIRING NOTICE AND HEARING. Before below-described actions, the Association must give written notice and ais hearing according to the requirements of this Article and the notice and
ENT 7.1. ACTIONS REQUIRING NOTICE AND HEARING. Before below-described actions, the Association must give written notice and ais hearing according to the requirements of this Article and the notice and applicable law, such as Chapter 209 Texas Property Code. The follwing approval of the board, the Association, or the Architectural Ri as provided by this Article: a. Suspension of use of a common area.
b. Imposition of a fine for violation of any prgvisjon of the Governing Documents, other than fines, interest, or collection fees c d elinquent accounts.
c.. Charging an owner or a lot fo , d. Filing suit against an owney or foreclosure of th sogiati sseSsment lien.
7.2. NOTICE.
notice is prepared or mé owner receives the notige, & resolve the matter in jasue ant to this Article and applicable law, such as Section 209.007 fen notice must contain (1) the date the violation ement that not later than the 30th day after the date the owner may be liable for reimbursement of attorneys fees and costs if the the damage is not paid by a stated date; and (6) the following contents Mions or damage claims, as the case may be: 7.2.1. Notice of Violation. In the case of a violation of a provision of the eerning Documents, the written notice must also contain the following: (1) a description of the violation; (2) a reference to the rule or provision of the Governing Documents that is being violated. if applicable; (3) a description of the action required to cure the violation; (4) the amount of the fine or charge to be levied, the nature of the common area suspension. and/or the abatement action to be taken; (5) unless the owner was given notice and a reasonable opportunity to cure a similar violation within the BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION - - Page 15
tement action to be taken; (5) unless the owner was given notice and a reasonable opportunity to cure a similar violation within the BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION - - Page 15 preceding 6 months, a statement that the owner may avoid the fine or suspension by curing the violation in a reasonable period of time, which may be specified in the notice.
7.2.2. Notice of Damage. In the case of property damage for which the Association seeks reimbursement or imposition of a charge on the owner or the lot, the written notice must also contain (1) a description of the property damage and (2) the amount of the Association's claim against the owner or the lot.
7.2.3. Notice to Resident. In addition to giving the violation notice to thé er.
the board may also give a copy of the notice to the non-owner resident, jf gard deems it appropriate.
7.2.4. Receipt of Notice, Unless applicable law provides otKe given to an owner pursuant to this Article will be deemed receiyet™ personal delivery to the owner or to a person at the owner's ey CN es er (1) on owner actually receives the notice.
7.3. HEARING.
7.3.1, Request for Hearing. To request request within 30 days after receiying after receiving the owner's reques jation's written notice. Within 10 days mid at least 10 days before the hearing date, the Association will give the otice of the date, time, and place of the hearing. If the Association or, quests a postponement of the hearing. the hearing will be postpo: es, for{ug days. Additional postponements may be granted . WALLCS in’s r idlgHon. The owner may attend the hearing in person, or may be represented by another pefSon or written communication.
7.3.5. Minutes of Hearing. The minutes of the hearing must contain a statement
r idlgHon. The owner may attend the hearing in person, or may be represented by another pefSon or written communication.
7.3.5. Minutes of Hearing. The minutes of the hearing must contain a statement of the results of the hearing and the amount of fine or charge. if any. imposed, or abatement or suspension action, if any. authorized. A copy of the notice and request for BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION - - Page 16 hearing should be placed in the minutes of the hearing. If the owner appears at the hearing. the notice requirement will be deemed satisfied.
7.4. ACTIONS EXEMPT FROM NOTICE AND HEARING REQUIREMENTS, As a general rule, every action other than the above-described actions requiring notice and hearing are impliedly exempt from the requirements of this Article. As permitted by applicable law, such as Section 209.007 of Texas Property Code, the following actions are expressly exempt: a A temporary suspension of a person's right to use common areas if the teh Pprary b. A lawsuit in which the Association seeks a temporary restr¢i rdehormNemporary injunctive relief.
c. A lawsuit filed by the Association that includes losurdag a cause of action.
d. The collection of delinquent assessment: levying the fine or authorizing the ed fine or abatement action. If the owner is actually present, the notice be in writing.
7.5. JTMPOSITION OF FINE. Within 30-ca 8 abatement, the board must give the own S fine or action is announced at the hearkee requirement will be satisfied, Otherwise, the 7.5.1. Amount JS e pda by set bes amounts on a case by case basis, provided the fine issu Bhe “ isira échedule of fines for certain types of violations. The ine must be reasonable in comparison to the violation.
nt JS e pda by set bes amounts on a case by case basis, provided the fine issu Bhe “ isira échedule of fines for certain types of violations. The ine must be reasonable in comparison to the violation.
of Fine. Lf the violation is ongoing or continuous, the fine may be basis (such as daily, weekly, or monthly). If the violation is not 7.5.3. Other Fine-Related. The Association is not entitled to collect a fine from Wner to whom it has not given notice and an opportunity to be heard. The ciation may not charge interest on unpaid fines. The Association may not foreclose its assessment lien on a debt consisting solely of fines.
7.6. REIMBURSEMENT OF EXPENSES AND LEGAL_FEES. In addition to any other rights set forth in the Governing Documents for violation of a provision of the Governing Documents, the board may levy and collect individual assessments for reimbursement of BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION - - Page 17 reasonable fees and expenses. including without limitation legal fees, incurred by the Association to enforce the Governing Documents, including the collection of delinquent assessments, subject to the following conditions: 7.6.1. Notice. The Association must give the owner written notice that the owner will be liable for reimbursement of any such fees and expenses incurred by the Association if the delinquency or violation continues after a date certain that is stated in the notice. This notice requirement does not apply to legal fees incurred by the Association in connection with the Association's counterclaim in a lawsuit to owner is a plaintiff.
7.6.2. Hearing. If legal fees are incurred by the Associan gy requiring notice and hearing, the owner is not liable for reimbursé
h the Association's counterclaim in a lawsuit to owner is a plaintiff.
7.6.2. Hearing. If legal fees are incurred by the Associan gy requiring notice and hearing, the owner is not liable for reimbursé incurred (1) before the date by which the owner must request a hga not request a hearing, or (2) before conclusion of the hearing, i hearing.
—st n from the Association copies of any invoices for charges, including legal fa h the Association seeks reimbursement.
7.6.4. Foreclosure. In connectiga non-judicial foreclosure of the Association's assessment lien, applic . Chapter 209 of the Texas Property Code, may establish a limit for j aWorneys fees that the Association may include in its lien.
7.7. 1 {ENP RIGHTS. Nobwiiestaniing the notice and notices required in this 0 Snipes of the Governing Documents which, in the board's opinion. are (1) Ph as vehicles parked illegally or in violation of posted signs; (2) threatening to, werty: or (3) repeat violations of the same provision by the same owner to who the provisions of #his7Art Documents for certpi kos a sle\do not apply to specific remedies provided in the Governing ons, such as nonpayment of assessments.
ARTICLE 8 OBLIGATIONS OF THE OWNERS NOTICE OF SALE. Any owner intending to sell or convey his lot or any interest exe give written notice to the board of his intention, together with (1) the address or legaMdeserfption of the lot being conveyed. (2) the name and address of the intended purchaser, (3) the name, address, and phone number of the title company or attorney designated to close the transaction. (4) names and phone numbers of real estate agents. if any. representing seller and purchaser, and (5) scheduled date of closing. An owner will furnish this information to the board
se the transaction. (4) names and phone numbers of real estate agents. if any. representing seller and purchaser, and (5) scheduled date of closing. An owner will furnish this information to the board at least 10 business days before the scheduled date of closing or conveyance. The requirements BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION - - Page [8 of this Section may be satisfied by giving the Association a copy of an accepted resale contract in connection with the owner's request to the Association for a resale certificate.
8.2. PROOF OF OWNERSHIP. Except for those owners who initially purchase a lot from Declarant, any person, on becoming an owner of a lot, must furnish to the board evidence of ownership in the lot, which copy will remain in the files of the Association. A copy of the recorded deed is the customary evidence. The Association may refuse to recognize a person as a member unless this requirement is first met. This requirement may be satisfied by receip board approved form that is completed and acknowledged by a title company or attorney of conveyance of the lot or any interest therein.
8.3. OWNERS' INFORMATION. Within 30 days after acquiring interest in a lot. the owner must provide the Association with the owner§ telephone number, and driver's license number, if any; the name and te e severdhco-owners of a lot must register and mainiain one mailing address to be used by the Assoxjation for mailing of notices, demands, and all other communications. If an owner fails ta-Mmatstatx.a current mailing address with the mailing address 8.5 / Within 30 days after granting a lien against his lot, the owner must provid fon with the name and address of fhe halter of the lien and the loan numbe eh he has notice of a change in theADF
ress 8.5 / Within 30 days after granting a lien against his lot, the owner must provid fon with the name and address of fhe halter of the lien and the loan numbe eh he has notice of a change in theADF the information on reque fo vote at any meeting of the Association if he is current in the gainst him and his lot.
f the Governing Documents, and any amendments thereto. Further, each endeavor to observe and promote the cooperative purposes for which the ARTICLE 9 ASSOCIATION RECORDS 9.1. INSPECTION OF BOOKS AND RECORDS. Books and records of the Association will be made available for inspection and copying pursuant to applicable law. such as Section 22.351 of the Code and Section 209.005 Texas Property Code, BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION -- Page 19 9.1.1. 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: (1) to determine whether the member's purpose for inspection is proper: (2) to deny the request if the board determines that the member's purpose is not proper; (3) if granting the request, to identify which books and records are relevant to the member's stated purpose for inspection.
9.1.4, Records of Attorneys and Accountf attorney or accountant who performs services for th Association, are not subject to inspection by membe in a legal proceeding.
9.2. RESALE CERTIFICATES. Any assessment estoppel certificates or resale certifi 207 of the Texas Property Code, titted Association. The Association may charge may refuse to furnish such certificates against the lot for which t responsibility for a resale ce: prepare, or cause to be prepared, to applicable law, such as Chapter
ion. The Association may charge may refuse to furnish such certificates against the lot for which t responsibility for a resale ce: prepare, or cause to be prepared, to applicable law, such as Chapter Information by Property Owners fee for preparing such certificates, and e is paid. Any unpaid fees may be assessed ftnished. The Association may delegate the Aging agent, if any.
Section 209.004 of th perty Code, the Association will maintain a current management certifica embers for compliance with the Code as well as the Governing Documents. The ust make the membership list available to any owner on written request, and may easonable fee for cost of copying and delivering the owners list.
9.4.1. Types of Information. At a minimum, the Association must maintain for each lot the name and mailing address of at least one owner. and a description of the lot owned (if different from the mailing address). The Association may also maintain, as an Association record. additional contact information for owners, such as phone numbers.
BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION -- Page 20 fax numbers, email addresses, places of employment, emergency contact information, morigage information. and any other items of information provided by owners or obtained by the Association.
9.4.2. Source _of Ownership Information. In compiling the ownership or membership list. the Association may rely on any combination of (1) public records, such as tax rolls, (2) documentation provided by title insurance companies, (3) self-reporting by owners and residents, and (4) any other reasonably reliable and customary soyrce of ownership information. The requirement of maintaining ownership records ma construed to require the Association to affirmatively investigate or research ti
reasonably reliable and customary soyrce of ownership information. The requirement of maintaining ownership records ma construed to require the Association to affirmatively investigate or research ti maintained by the Association is similar to what is typically available¢ website of the appraisal district, and may not be considered ge protected information as between the Association and ity Association's membership information without the g Each owner, by acquiring an ownership interest in contact information is a record of the Association that & fable to all members of the Association.
9.4.4. Inspection List. In accord prepare a list of owners of all lots jn the the meeting. The purpose of the ig about the meeting. The inspection from the second business day“ adjournment of the ae copied by an owner following charactexis plicable law, the Association will nspection by the members prior to nbers to communicate with each other nust contain the name of at least one owner of each lot, or an that the current ownership cannot be determined and the identity of ast known owner.
‘The list must contain an address for each member.
d. The list must identify how many lots are owned by each owner. if that cannot otherwise be determined from the list.
e. [fall lots do not have uniform votes, such as lots owned by Declarant during the Declarant Control Period. the list must identify the number or weight of votes attached to each lot.
BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION - - Page 21 f. The list must identify which owners or lots are ineligible to vote at the meeting due to an assessment delinquency or other disqualifying condition.
ARTICLE 10 NOTICES 10.1. CO-OWNERS. Ifa lot is owned by more than one person, notice to one co-owner
neligible to vote at the meeting due to an assessment delinquency or other disqualifying condition.
ARTICLE 10 NOTICES 10.1. CO-OWNERS. Ifa lot is owned by more than one person, notice to one co-owner is deemed notice to all co-owners. Similarly, notice to one resident of a lot is deemed notice to all residents of the lot.
10.2, DELIVERY OF NOTICES. Any written notice required or pe Bylaws may be given personally, by mail, by fax, by email, or by any other met the party's last known address as it appears on the recordg transmission. [If an owner fails to give the Association an ¢ 10.3.
member, or director, a written waiver o whether before or after the time stated | Attendance by a member or director ig of the Association or board, respectively, constitutes a waiver of notice b> he Mémbef Or Wirector of the time, place, and purpose of the meeting. If all members or At} mt at any meeting of the Association or board, isiness may be transacted at the meeting.
bugd by the person entitled to the notice, . is equivalent to giving the notice.
oO ARTICLE t1 incorporated by reference, without regard to the corporate status of the Sed in this Article, "Association Leader" means a person who is a current or or director of the Association, or a current or former committee chair or mber of the Association.
11.2. MANDATORY INDEMNIFICATION. The Association will indemnify an Association Leader who was. is, or is threatened to be made a named defendant or respondent in a proceeding because the person is or was an Association Leader, if the following determinations are made, BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION - - Page 22 11.2.1. Determinations. It must be determined that the person acted in good faith, and that:
the following determinations are made, BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION - - Page 22 11.2.1. Determinations. It must be determined that the person acted in good faith, and that: a. the person reasonably believed (1) in the case of conduct in the person's official capacity. that the person's conduct was in the Association's best interest, or (2) in any other case, that the person's conduct was not opposed to the Association’s best interests; b. in the case of a criminal proceeding, the person did not have a re able cause to believe the person's conduct was unlawful; c. with respect to expenses, the amount of expenses other t amet jis reasonable; and d. indemnification should be paid.
snef fail to meet the a proceeding by judgment, & gquivalent.
11.2.3, How Determinations Are Ma I of the directors are disinterested and independent, as defined in the Code, the dete ‘ons required under this Section will be made by a special legal coun: 9 ard, Otherwise, the determinations - will be made by the owners of a 11.3. EXCEPTIO found liable to the Assgajat personal benefit is not e person has been found la person's duty to the Association, or (3) 4 duty owed by the fg sion not committed in good faith that constitutes a breach of a the Association. In al] other instances, indemnification of a person dgment or decree of a court, and all appeals of the order are exhausted or applicable law.
11.4. EXPENSES. The indemnification provided by this Article covers reasonable expenses and costs, such as legal fees. actually and necessarily incurred by the indemnified person in connection with a qualified claim.
BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION - - Page 23 11.4.1. Advancement of Expenses. The Association may pay or reimburse
y the indemnified person in connection with a qualified claim.
BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION - - Page 23 11.4.1. Advancement of Expenses. The Association may pay or reimburse reasonable expenses incurred by an indemnified person who was, is. or is threatened to be made a respondent in a proceeding in advance of the final disposition of the proceeding without making the determinations required under the Section above titled "Mandatory Indemnification,” after the Association receives a written affirmation by the person of the person's good faith belief that the person has met the standard of conduct necessary for indemnification under this Article, and a written undertaking by or on behalf of the person to repay the amount paid or reimbursed if the final determination is that the person determinations, and exceptions for Association L advance expenses to a person who is not otherwise provided by (1) a provision in a Governing Docu the Association is a party, (3) common lay, by the Association's members. A re: ution, or (3) a a resolution approved d under this Section may seek e Association to the same extent that an CLE 12 T PROVISIONS 0 OF DIRECTORS. During the Declarant Control Period, Article 16 of the Tashan p nae number, qualification, and appointment of directors. The initial irectg (M(beNappointed by Declarant and need not be owners or residents. Directors b\Doclaryit may not be removed by the owners and may be removed by Declarant ND s the right to fill vacancies in any directorship vacated by a Declarant 4. TRANSITION MEETING. As provided by Article 16 of the Declaration. within 60 days after the end of the Declarant Control Period, or sooner at Declarant’s option, Declarant
hip vacated by a Declarant 4. TRANSITION MEETING. As provided by Article 16 of the Declaration. within 60 days after the end of the Declarant Control Period, or sooner at Declarant’s option, Declarant will call a meeting of the members of the Association for the purpose of electing directors. by ballot of members. Notice of the transition meeting wil! be given as if it were notice of an annual meeting.
BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION - - Page 24 ARTICLE 13 AMENDMENTS TO BYLAWS 13.1. AUTHORITY. Although the general authority for amending the Bylaws resides with the members of the Association, certain amendments may be made by the board or by Declarant, without a vote of the members.
13.1.1. Amendments by Board. For the following limited purposes, the bogxd may amend these Bylaws with or without approval by the members, provided the proposed amendment has the prior unanimous approval of the directors: (1) to correcj/Migtskt the Bylaws, (2) to conform the Bylaws to changes in controlling law apph -into the body of the Bylaws.
e Beclaration, 13.1.2. Amendments by Declarant. As ay af df with or without during the Development Period, Declarant may a approval by the board or the members, FOR ANY aloe 13.1.3. Amendments by Members. ther arhe énis of these Bylaws must be approved by the members according to the of this Article.
proposed amendment, out ip . obtaining a copy of Opropase any annual or spegial be considered.
/ bject to the following limitation, an amendment of these Bylaws mugt/5 ) d by members representing at least a majority of the votes present (in Kon by proxy) at a properly called meeting of the Association for which 2d. In other words, if a quorum is present (in person or by proxy) at an
presenting at least a majority of the votes present (in Kon by proxy) at a properly called meeting of the Association for which 2d. In other words, if a quorum is present (in person or by proxy) at an eeting, the owners of a majority of the lots represented at the meeting (in EFFECTIVE. To be effective, an amendment must be in the form of a written instrument (1) referencing the name of the Property. the name of the Association, and the recording data of these Bylaws and any amendments hereto: (2) signed and acknowledged by at feast one officer of the Association, certifying the requisite authority and/or approvals: and (3) recorded in the Real Property Records of Dallas County. Texas. An amendment may be effective immediately if adopted at an Association meeting at which owners of two-thirds of the lots are BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION -- Page 25 represented. Otherwise, an amendment is not effective until 10 days after an owner of each lot is notified of the amendment and provided with a copy of the amendment or instructions for obtaining a copy.
13.4. MORTGAGEE PROTECTION. If a provision in a Governing Document or applicable law requires notices to and consent of mortgagees for certain actions and amendments, the Association must give the required notices to and obtain the required approvals from applicable mortgagees.
rinfgAhe the sections titled "Declarant Control" and "Drafter's Intent" may not be g consent Development Period without prior written approval of Declarant. De must be part of the amendment instrument.
ARTICLE 14 GENERAL PROVISIO 14.1. DRAFTER'S INTENT. Because Association for many years beyond the initial deve Property, Declarant purposefully did not draft these a courtesy to future users of these Bylays, Dg
GENERAL PROVISIO 14.1. DRAFTER'S INTENT. Because Association for many years beyond the initial deve Property, Declarant purposefully did not draft these a courtesy to future users of these Bylays, Dg provisions in Article 16 of the Declar member of the Association, Declarant is inte rant im ese Bylaws to serve the nt, construction, and marketing of the om its own perspective. Instead, as iled most of the Declarant-related are to be construed liberally treatment of Declarant.
any provision of the app null and void, but al provision of the Ag these Bylaws, the rtificate of formation or Articles of Association conflicts with f formation or Articles controls. In the case of any conflict between laws, the Declaration controls.
14.4. 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 are in no way lo 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.
BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION -- Page 26 14.8. FISCAL YEAR. The fiscal year of the Association will-be set by resolution of the board, and is subject to change from time to time. as the board. deterniines. In the absence of a resolution by the board, the calendar year is the fiséal year.
; 14.6. WAIVER. No resttiction, condition, obligation, or covenant contained in these Bylaws may be deemed to have been abrogated or waived by teason. of failure to:enforce the same; irrespective of the number of violations or:breaches thereof which may occur.
[REMAINDER OF THIS PAGE LEFT INTENTIONALL mY iS
o have been abrogated or waived by teason. of failure to:enforce the same; irrespective of the number of violations or:breaches thereof which may occur.
[REMAINDER OF THIS PAGE LEFT INTENTIONALL mY iS BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION - - Page 27 CERTIFICATION & ACKNOWLEDGMENT As the'Declarant of Courtyards at Normandy and the initial and sole member of the Courtyards at Normandy Homeowners Association, | certify that the foregoing Bylaws of Courtyards at Normandy Homeowners Association were adopted for the benefit of the Association by the initial Board of Directors of Courtyards at Normandy Homeowners Association organization meeting of the Board called by a majority of the Directors for the pu adopting these Bylaws.
SIGNED this_AS day of. Ot .20/f .
DECLARANT: Crescent EstatefCyStom H partnership, Tres ,a Texas limited “ LLC, a Texas limited Runy. its general partner Its: Manager CKNOWLEDGMENT Lon wn wn astrument was acknowledged before me on this aS day of a hrdad Moayedi as manager of 2M ‘Wenielieiss te in its capualty as manager of LAURA snveane1 My Coiminisslon xptras duly 14, 2012 BYLAWS OF COURTYARDS AT NORMANDY Y HOMEOWNERS ASSOCIATION - - Page 28 Exhibit “A” DESCRIPTION OF SUBJECT LAND COURTYARDS AT NORMANDY Being Lots 1~ 18. Block D ofthe Courtyards at Notmiandy (being a replat of Lots 1-7, Block D.
Potomac Park, Second Installment recorded-at Volume:5, Page 375, Map Records of Dallas County, Texas), a subdivision in the City of University:Park, Dallas County, Texas.as shown on the Final Plat-Courtyards at Normandy recorded at Instrument No. 201000164963, real p' records of Dallas County, Texas After recording, please return to; Crescent Estate Custom Homes, LP 1221 'N. Interstate 35E, Suite 200 \ Carrollton, Texas 75006
at Instrument No. 201000164963, real p' records of Dallas County, Texas After recording, please return to; Crescent Estate Custom Homes, LP 1221 'N. Interstate 35E, Suite 200 \ Carrollton, Texas 75006 Filed and Recorded Official Public Records John F. Warren, County Clerk Dallas County, TEXAS 01/06/2012 10:42:14 AM $144.00 201 See BYLAWS OF COURTYARDS AT NORMANDY HOMEOWNERS ASSOCIATION - - Page 29