a Ciltililflilililililililullilflil BY.LAWS OF CTPRESS SPRINGS PROPERTY OWNERS ASSOCHTION ARTICLE ONE REGISTERED OFFICE 1.01 The registered office of the Association is located at P.O. Box749, Spring Btanch, Texas 78070.
ARTICLE TWO I'EFINITIONS 2.01 As used in these By-Laws the following definitions shall apply: A. CYPRESS SPRINGS SLJBDMSION: Those portions of the propsrty describd on Exhibit "A'n as are included in any section of the CYPRESS SPRINGS SLTBDMSION, as such sections are shown by plats of tecord among the Plat Records of Comal Cormty, Texas whether suchplats are presently on record or are hereinafter to be recorded, so long as such properties are bound by any subdivision restriotions promulgated by CYPRESS SPRJNGS PROPERTY OWNERS ASS@IATION, its succssors or assigns, which subdivision restictions provided for the palment of assessments to CY?RESS SPRINGS PROPERTY OWNERS ASSOCIATION until assigned to the Association herein.
B. MEMBERS: l. Ounrership of each lot in CYPRESS SPRINGS SLJBDMSION shall entitle the owner thereof to one membership in the Association Me,mbers of the Association shall include all those per$ns or entities who are voting me,mbers, non-voting members, or advisory members of the Association as provided below.
2. For purposes of these provisions, those persons who have purchased any of the lots in CYRESS SPRINGS SLJBDMSION under the provisions of any Connacts of Sale and Puchase with the Veterans Land Board of the State of Texas shall be considered as'tnembers" of the Association, and the State of Texas shall not be considered as a member of the Association. In the case of any lots owned by two or more
d of the State of Texas shall be considered as'tnembers" of the Association, and the State of Texas shall not be considered as a member of the Association. In the case of any lots owned by two or more persons or entities other than one individual, the owner or owners thereof may designate one percon in writing as the person eligible to vote.
6ll4a00l GERTIFIED TO BE ATRUEAN'' 3. A person shall b considered as an owner of a lot in the CYPRESS SPRINGS SUBDMSION only after zuch pennn has received legat title to such lo! or after legal title to such lots has been transfened by PROPERTIES OF THE SOUTHWEST, IN-C.
(its successon or assigns) to the individual, the entity, or the Veterans Land Board of the State of Texas.
C. VOTING MEMBERS: All those persons or entities owning a lot or lots in the CY?RESS SPRJNGS SUBDMSION who are (a) current in the palmint of any and all assessm€,lrts due to CY?RESS SPRINGS PROPERTY OWNERS ASSOCIATION (b) not othenrrise in default under any of the suHivision restrictions affwting such lot or lots inthe CYRESS SPRINGS SLTBDMSION; and (c) are cunent in all other dues or other obligations to the Association.
D. NON-VOTING MEMBERS: Non-voting members of the Association shall be those members who are in arrears for more ttran thirty (30) days in the palmrent of any assessments to be provided for hereunder, or in the paynent of any other dues or accormts of the Associatioq or in default in the performance of any of the obligations sontaincd in any of tle suMivision restictions affecting cy?RESs spRrNGs SUBDryISION and /or CY?RESS SPRINCS PROPERTY OWNERS ASSOCIATION.
However, no member shall be considered to b in default in the payrnent of any other
le suMivision restictions affecting cy?RESs spRrNGs SUBDryISION and /or CY?RESS SPRINCS PROPERTY OWNERS ASSOCIATION.
However, no member shall be considered to b in default in the payrnent of any other dues or accounts, unless such member has been notified of such default by a rrritten statement for at least thirty (30) days. Notice shall be deemed accomplished if the notioe has been deposited in the U.S. mail, with postage properly prepai4 addressed to the las known address of the member as shown by the records of the Association.
E. A me'mber shall be in defaulq as provided for herein, if such member sball have failed to pay any assessments to the Association, as provided for in any subdivision restrictions of the CYPRESIS SPRINGS SLTBDTVISION, formore tban thirty (30) days after the same shall become dge. Members shall fi5ther be considered to be in defar* if they have violated any of the tetms, conditions, or stipulations of the restrictions affecting the CYPRESS SPRINGS SLJBDMSION, or are in violation of any losal, state, or federal law, order, rule, or regulation, bave been notified of zuch violatioru and have refirsed to correct such violation within thirty (30) days after the date zuch notice was se,!rt.
F. ADVISORY MEMBERS: An individual, or individuals, may be appointed by the Board to sewe as subject matter experts, or faciliaton for specific issues. Advisory Membem are non-voting members, and serve atthe discretion of the Board.
6lt4t200r CERTIFIED TO BE ATRUE AND CORRECT COPY x.RA JOY STREATER' CountYtlerk ARTICLE THREE MEMBERS MEETINGS 3.01 All meetings of the membem shall be held at any location de.signated for that purpse from time to time by the Board of Directors.
REATER' CountYtlerk ARTICLE THREE MEMBERS MEETINGS 3.01 All meetings of the membem shall be held at any location de.signated for that purpse from time to time by the Board of Directors.
3.02 Annual meeting ofthe members. The annual meeting ofthe members shall be held eaoh year as designated by the Board of Directors.
3,03 Notice of meetings. Notice of the meeting, stating the place, date, and hour of the meeting, and in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be given in writing to each member (whether voting, non-voting, or advisory) at least thirfy (30) days before the date of the meeting either personally or by rnail or other means of written cornmunication addressed to the member at his address appeadng on the books of the Association or given by him to the Association for the ptupose of notice. Notice of adjourned meetings is not nesessary until the meeting is adjoumed forthirty (30) days or more, in rvhich case notice of the adjoumed meting shall be given as in the case of any qpecial meeting.
3.M Special meetings. Special meetings of the members for any purpose or purposes nihatsoever may be called at any time by the President, or by the Board of Directors, or by any two or more direstors. Any special meeting must be called for specific puqxrses, whish purposes shall be identified in the call ofthe meeting and notice of the meeting.
3.05 Quonrm. Ten percent (10V") of the voting members constihrtes a quorum for tansaction of business. Once the presence of a quonrn has been confirmed, business may continue despite any faihre to maintain a quorum drning the remainder of the meeting.
3.06 Voting. Only persons listed as voting members on the date of the mwting sball be
been confirmed, business may continue despite any faihre to maintain a quorum drning the remainder of the meeting.
3.06 Voting. Only persons listed as voting members on the date of the mwting sball be entitled to vote at s;uch meeting. Any non-voting members may elevate his stails to a voting member by curing any default prior to the stated time of the meeting. Votes shall be apportioned by lots, i.e., each lot shall be entitled to one vote, and therefore, if any voting member owns two or mote lots, he shall be entitled to the same numbr of votes as he shall own lots. There shall be no fractional voting, but rather, if a lot is onmed by two or more Penlons, that lot shall be entitled to only one vote and shall not be entitled to split that vote, and the owners of snrch lot mus! in rvriting, designate one of their members to be the voting member of the Association. A voting member may execute a writtelr pro:ry granting to another voting member, or to an advisory member, the rightto cast such voting me,mber's vote at any meeting. A voting member may not grant a prony to a nonvoting member as defined in Article 2.01D.
6tr4t200l CERTIFIED TO BE ATRUE AND CORRECT COPY";Rax w srnenren, eountY Gle'qk Wi'#!'"*1r, L 3.07 Presiding officer. All meetings of the membenhip shall be presided over by the President of the Association, or the designated representative as determined by the Board.
The meetings shall be conducted in accordance with Roberts Rules of Order.
ARTICI.,E FO['R BOARD OX'DIRECTORS 4.01 The management of the Association shal be vested in a Board of Directors consisting of five (5) directors, which board shall have full power and authority to carry out the purposes of the Association and to do any and all laurfirl aots nesessary or
in a Board of Directors consisting of five (5) directors, which board shall have full power and authority to carry out the purposes of the Association and to do any and all laurfirl aots nesessary or profitable thereto. The director shall act only as the boar4 and an individual director shall have no power as such. The powers of the Association shall be exercisable by the Board of Directors or under its authority, and the action of the President of the Assosiation shall be controlled by the Board of Directors, zubject however, to such limitations as ate imposed by laq the Articles of Incorporation, or these By-Laws as to the actions to be authorized or approved by the members. The Board of Directors may, by contract or othenrrise, gle general or limited special power and aufhority to the officers and employees of the Association to fiansact the general business, or any special hsiness of the Association, and may give powers of attorney to agen8 of the Association to hansact any special business required by such authorization.
4.02 The authorized number of dires'tors of this Association shall be five (5). The dirwtors must be voting members in good standing, both for elestion and senrice. The Nmber of directors may be increased or decreased from time to time by ame,ndme,nt to these By-Iaws, but no decrease shall have the effect of shortening the term of any incumbent director in good standing. Any directorship to be filted by reason of an increase in the number of directors shall be filled by election at an annual meeting or at a speial meeting of the members called for that purpose.
4.03 The directors shall b elected by the voting members at the annual meeting. The term of office shall be two years or, until their dsatt\ resignation, or removal. Two
mbers called for that purpose.
4.03 The directors shall b elected by the voting members at the annual meeting. The term of office shall be two years or, until their dsatt\ resignation, or removal. Two directors shall be elected in even nunrbred years and three in odd numbered years.
4.lH Vacancies ofthe Board of Directors may be filled by amajority of the remaining ditectors, or by the sole reureining director. The voting members may elect a director at any time to fill any vacancy not filled by the directors. The entire Board of Directors or any individtul director may be removed fiom office with or without caus€ by avote of the majority of the voting members at any regular or special meeting of the members.
6lvn00r CERTIFIED TO BE ATRUE AND CORRECT COPY EWFlffi'*l/.Fz 4.05 All meetings of the Board of Directors shall be held at a location determined by the Board with oonsent of all of the members of the Board. Regular meetings of the Board of Directors sha[ be hel4 withow call or notice, and at zuch othertimes as the dircctors may determine.
4.06 Special meetings of the Board of Directors for any purpose sball be oalld at any time by the hesiden! or if tle President is absent or unable or refuses to acq by the VicePre.siderf or by any two directors. Written notices of the special meetings, stating the time and in general t€rns the purpose or purpolrs thereof, shall be mailed ten (10) days pnor to the meeting or personally delivered to each director not laGr than tbrce (3) days before the day appointed forthe meting.
4.07 A majority of the authorized number of directors shall be necessary to constihrte a quorum for the transaction of business, except to adjourn as bereinafter provided. Every
pointed forthe meting.
4.07 A majority of the authorized number of directors shall be necessary to constihrte a quorum for the transaction of business, except to adjourn as bereinafter provided. Every act or decision done or made by a majority ofthe directors present shall be regarded as an act of the Board of Directors, unless a greater number is required by law or by the Articles of Incorporation.
4.llt Any action required or permitted to be taken by the Board of Directors may be take,n without a meeting, and with the same force and effect as the unanimous vote of the Dirccton, if all of the members of the board shall individually collectively consent in rvriting to the action.
4.09 A quorum of the directors may adjourn any directors' meeting to meet again at a staled horu on a stated day. Notice of the time and place where an adjourned meetiog will be hetd need not be glven to absent directors if the time and place is fixed at the adjounred meeting. ln the absence of a quonrm, a majority of the directors present alny directors' meeting, either regular or specid rnay adjoum from time to time until the time ftred for the next regular meeting of the board.
4.10 The Presiden! or in the President's absence, any director selected by the directors presen! shall preside at meetings of the Board of Directors. The Secretary of the Association or, in the Secretary's abssnce, any penrcn appointed by the presiding officer, shdl apt as Secretary of the Board of Directors.
4.ll Directors and members of the committec shall not receive any compensation for their services. They may receive reimbursement for actual expens€xt incurred only upn the submission of appropriate unitten evidence of such extlenses incuned.
c shall not receive any compensation for their services. They may receive reimbursement for actual expens€xt incurred only upn the submission of appropriate unitten evidence of such extlenses incuned.
4.12 TheBoard of Directors may authorize the Association to pay expenses incurred by, or to satisfy ajudgment or fine rendered or levies against, prese,trt or fotmer Directors, officers, or employees of this Association as provided by Article 1296.22Aof Title 32 of the Miscellaneous Corporation Act of the State of Texas.
6lAn00r CERTIFIED TO BE ATRUE AND tH-,T Wliu'5',3ARTICLE TTVE OXTICERS ' .5.01 The officers ofthe Association shall be aPresident, aVice-President, a Sccretary, a Treasuer, and a Member-At-Iarge, as well as other officers as the Board of Directon shall from time to time determine. All officers shall be elected by and hold office at the pleasure of the Board of Directors, which shall fix the compensation and tenure of all officers.
5.(D The officers of the Association shall have the power and duties generally ascribed to the respective ofrces, and such additional authority or duty as may from time be established by the Board of Directors.
ARTTCLE SIX EXECUTION OF INSTRT'MENTS 6.01 The Board of Dirwtors rnay, in its discretion, authorize an officer or officers, or otherperson orpersons, to execute any association instnlnent or docume,lrf orto sign the Association name without limitation, exceptwhere otherrrise provided by law and such otecution or signature shall be binding on the Association.
ARTICLE SEVEN MISCELLANEOUS 7.01 The Board of Directon, on behalf of the Association, shall have the authority to employ snrch agents or employees as the Board of Directon shall deem appropriate for
.
ARTICLE SEVEN MISCELLANEOUS 7.01 The Board of Directon, on behalf of the Association, shall have the authority to employ snrch agents or employees as the Board of Directon shall deem appropriate for carrying out the purposes of this Assosiation.
7.02 In accordance with the Covenants [Section 4.02(bI an Architecinal Control Committee consisting of thrw voting members in good standing, both for elestion and senrice will be elected for two year terms. At the annual meetings, one member witl b€ elected on odd numbered yeanL and two members wil be elected on even numbered years.
6tr4r200r 6 CERTIFIED TO BE ATRUE AND CORRECT COPY ffi\ JoY STREATER, eounflpletk 7.03 There shall be no initiation fees for memberships in the Association. The Board of Directors shall have discretion over the disposition oi.tty and all assessments paid as provided fot T any of the subdivision covenants, re"sfrictions, and requireme,lrts imposed on any lot in the CY?RESS $PRINGS SUBDMSION. Subject to the approval of ttre maiodty of the voting members at a meeting of the membemhip duly convened, the board of Direoton may increase or decrease the assessments described in ihe suMivision resfiictions, rcstictive covenants, and conditions affecting any lot of the C\?RESS SPRINGS SLTBDIVISION as shown by recorded instnrmelrtsfiled for rword in Comal Cotmty, Texas. All of the provisions relating to zuch inqreases and decreases, and to such ass€ssments, which are shown by recorded instnrne,nts afuing any lot of the CY?RESS SPRINGS STJBDMSION are hereby incorporated herein by reference as if statd in full.
7.04 The Board of Directors shall have the authority to appoint zuch committees to assist it in the rnanaging of the Assooiation as it shall deem appropriate, and to appoint to such
if statd in full.
7.04 The Board of Directors shall have the authority to appoint zuch committees to assist it in the rnanaging of the Assooiation as it shall deem appropriate, and to appoint to such comnittees either members or non-members of the Association. Such committees shall be of such number and senre such firnctions ar the Board of Direc.ton may determine; however, there shall always be created an Architectural Control Committee as is described in the subdivision restrictions, restictive covenants, and conditions affecting any and all units of the CPRESS SPRINGS SLTBDMSION as shown by recorded instuments in Comal Cormty, Texas.
7.05 The Association shdl not enter into any confiact to pay and shall not pay, any salary or other remunerationto any officer, directors, or committee member fortheir services as such, nor in any other capaclty regardless of the capa,sity in which they may act However, nothing in this section shall prevent the Association fiom reimbursing any officer or director for achral exp€nses incuned by strch direstor or officer in the performance of his duties.
7.05 Any and all firnds of the Association sball be deposited in a bank account owned by the Association. All demand withdrawal insEuments and checks on such bank accormt shall b€ar the signatue of at least two authorized persons, the identity of whom shall be made by the Board of Direotors, and who may, but do not bave to be memb€rs of the Association.
7,07 Nl books and resords provided for by statute shall be open to inspection by the members at any reasonable time.
7.0t The power to alter, amend, or repeal these By-Iavs is vested in the Board of Directors, subject to repeal or change by the action of the members.
inspection by the members at any reasonable time.
7.0t The power to alter, amend, or repeal these By-Iavs is vested in the Board of Directors, subject to repeal or change by the action of the members.
7.09 Board/Association capital expnditures of less than $1000 are permitted without approval by Association vote. Capital expenditures greater that $1000 require a majority vote of the votes cast following an Association balloting and voting period of not less tban two (2) weeks ot greater than six (6) weeks from the date of final ballot postuark.
6n4n00l CERTIFIED TO BE ATRUE AND CORRECT COPY-/".q?X JOY STREATER, coun$ clefi Wffll'"-Y-.,3* ADOPTED by tbe Board ofDirectors ea'tis the 14th day of June, 2001.
Trasrner. Vacant 6lr4t200r CERTIFIED TO BE ATRUE AND ffi',*#ryry.,c By their signatures below the President and Secretary of the,Association certify that the foregoingivas drafted and approved by the 2001-2002 Board of Direstors of the Association at Jaufy-called -wtiog of the Board of Directors at which a quonrur of Directors *", pr"r.nt and as evidenced by their signatures attached; and thd' as of the below date, this insffument Qast updated Jine 14, 2001) is the most current version of the Association's By-Laws, and replaces any and all prior versions of this docume'lrt.
Thus executed this aotA day or [tarr,l^ 2012.
ATTEST: tuLtt lil. rAu[xllER Xot!ry?ublk Slote of Tercr lltConnbrlon hpllet Dawn Mulder, Its SecretarY I hereby c€fiiry that the foregoing instnrment was acknowledged before me, the undenigned l.iotary, iy Dawn Jadur,-President, Clpress Springs Property OqmersSTATEOFTEXAS $ $ cor,JNTY OF CON(AL $ Association" on the date of execution set forth above.
STATE OF TEXAS COI.JNTY OF COMAL$ $ $
ed l.iotary, iy Dawn Jadur,-President, Clpress Springs Property OqmersSTATEOFTEXAS $ $ cor,JNTY OF CON(AL $ Association" on the date of execution set forth above.
STATE OF TEXAS COI.JNTY OF COMAL$ $ $ I here;by certiry that the foregoing instrument was apknowledgd before me, the undersigned l.iotary, -by Oawn Mulder,-Secretar5r, Clpress Springs Propefy Owners Association, on the date of execution set forth above.
ATTER RECORDING RETTIRN TO: Clpress Springs Property Owners Assooiation PO Box 749 Spring Brancb, TX 78070Fllod and Rgoordsd0ttlotal publto Reoondr Joy 5tr.at6r, Gounty GlerlCorat County, Texra l.ltCmEL 9 pega(e) 2012@t 10268 JUut fr. rAutrilEl llohr; Pcbll: 3llte of leru ty(onmlnlon lrplrcr ,uU3,20t3 CERTIFIED TO BE ATRUE AND CORRECT COPYSTAIE OF THIAS , .
COUNTY OF COIyIALI gqt,ry this to bea tme andconect ooDYof the_record FILBD A.nfCOnnfn in-'