1 Doc# 20180094877 05/18/2018 8:17AM Page 1 of 4 Gerard C. Rickhoff, Bexar County Clerk FIRST AMENDMENT TO THE BY-LAWS OF EXETER HOUSE OWNERS ASSOCIATION, INC, This FIRST AMENDMENT TO THE BY-LAWS OF EXETER HOUSE OWNERS EXETER HOUSE OWNERS ASSOCIATION, INC., a Texas nonprofit. corporation (the Association”).
WHEREAS, the Association is governed by that certain Condominium Declaration for Exeter House Condominiums, recorded on or about June 18, 1982 as Document # 451238 of the Official Public Records of Real Property of Bexar County, Texas as subsequently amended by the following documents recorded in the Official Public Records of Bexar County, Texas: (1) that certain Document recorded on or about July 2, 1982 as Document # 456597; and (2) that certain Document recorded on or about August 4, 1994 as Document # 139451 (collectively, the “Declaration”); WHEREAS, the Association is governed by those certain By-laws of Exeter House Owners Association, Inc. recorded on January 6, 2000 as Document No, 2000-0001705 of the Official Public Records of Real Property of Bexar County, Texas (the “Bylaws”); WHEREAS, pursuant to Article X, Section 10.1 of the Bylaws, the Bylaws may be amended by the Association at a duly constituted meeting for such purpose, and no amendment shall take effect unless approved by Owners representing at least sixty-six and two-thirds percent (66-2/3%) of the aggregate interest of the undivided Ownership of the Common Elements except for those amendments provided for in Article VIII of the Declaration, which shall require the approval of Owners and Mortgagees as provided therein; WHEREAS, this Amendment falls within the scope of the terms set forth in Article VII
in Article VIII of the Declaration, which shall require the approval of Owners and Mortgagees as provided therein; WHEREAS, this Amendment falls within the scope of the terms set forth in Article VII of the Declaration. Therefore, pursuant to Article VII, Section 8.1 of the Declaration, the Bylaws may be amended with the consent of the Owners of Units to which at least sixty-seven percent (67%) of the votes in the Association are allocated, and the approval of First Mortgagees holding mortgages on Units which have at least fifty-one percent (51%) of the votes of Units subject to mortgages, in order to add or amend any material provisions to the Bylaws which establish, provide for, govern or regulate voting, among other things; WHEREAS, the Association so desires to amend the Bylaws; WHEREAS, pursuant to Article VII, Section 8.1 of the Declaration, the Association provided written requests to approve this Amendment to First Mortgagees, and received. no negative responses within thirty (30) days; WHEREAS, pursuant to Article VIII, Section 8.1 of the Declaration, the First Mortgagees were deemed to have approved this Amendment; and qT Doc# 20180094877 05/18/2018 8:17AM Page 2 of 4 Gerard C. Rickhoff, Bexar County Clerk WHEREAS, at the Association’s April 21, 2016 annual meeting, the requisite percentage of Owners of the Association so voted to amend the governing documents, including the Bylaws, as detailed herein.
NOW, THEREFORE, the Association hereby amends the Bylaws as follows: l, Article III, Section 3.3 of the Bylaws is hereby deleted in its entirety and restated as follows: 3.3. [THIS SECTION INTENTIONALLY LEFT BLANK. ] 2. Article III, Section 3.4 of the Bylaws is hereby deleted in its entirety and restated as follows:
eby deleted in its entirety and restated as follows: 3.3. [THIS SECTION INTENTIONALLY LEFT BLANK. ] 2. Article III, Section 3.4 of the Bylaws is hereby deleted in its entirety and restated as follows: 3.4 Quorum. Except as otherwise provided in the Declaration or in these Bylaws, the presence in person or by proxy of Owners representing forty-five percent (45%) of the total eligible votes in the Association shall constitute a quorum at all meetings of the Association.
3s All capitalized terms undefined in this Amendment shall have the same meanings herein as are prescribed to them in the Bylaws.
4, In the event of any inconsistency, the terms and provisions of this Amendment shall control over and modify the terms and provisions of the Bylaws. Except as specifically amended by the provisions hereof, the terms and provisions stated in the Bylaws shall continue to govern the rights and obligations of the parties thereunder, and all provisions and covenants in the Bylaws, as amended hereby, shall remain in full force and effect and are hereby ratified and confirmed, and shall be construed along with this Amendment as one instrument.
[SIGNATURE PAGE(S) TO FOLLOW] cick Doc# 20180094877 05/18/2018 8:17AM Page 3 of 4 Gerard C. Rickhoff, Bexar County Clerk IN WITNESS WHEREOF, the Association has caused this Amendment to be executed as of the date set forth in the first paragraph hereof.
ASSOCIATION: EXETER HOUSE OWNERS ASSOCIATION, INC., a Texas psapport corporation LNA NL STATE OF-TEXAS § 8 COUNTY OF Bexow § personally appeared Cyyalyn fvalix Grotd , veSialrak of EXETER HOUSE OWNERS ASSOCIATION, INC., a Texas nonprofit corporation, known to me to be
personally appeared Cyyalyn fvalix Grotd , veSialrak of EXETER HOUSE OWNERS ASSOCIATION, INC., a Texas nonprofit corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed the same for the purposes.t C ) in the capacity therein stated.
. ie o atiti, ROBERT QUINTERO pet Ug % ok ge" ae Notary Public, State of Texas 24,1, PA 133 Comm. Expires 09-25-2019 | eae orKeS Notary ID 13038350-1 iW emnare ner "ty 88.
=, Ms \o Notary Public, State of Texas ATTEST: I, as Secretary of the Association, hereby certify this Amendment was properly voted on as specified herein. a Siew sas ennai aie pon SS >”, Secretary STATE OF TEXAS § § On this ]H_ day of [tou , 2018, before me, the undersigned notary public, personally appeared Vito (2 viz , Secretary of EXETER HOUSE OWNERS ASSOCIATION, INC., a Texas nonprofit corporation, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that she or he executed the same for the purposes.and consideration set forth the a OQ.
Notary Public, State of Texas Matty ROBERT QUINTERO Te he% Motary Public, Stote of Texas Bh 338 Comm. Expires 09-25-2019 Ay 40 tS | aeons — Notary 19 13038350-1 4 aay File Information Document Number: Recorded Date: Recorded Time: Total Pages: Total Fees: 20180094877 May 18, 2018 8:17 AM 4 $34.00 Any provision herein which restricts the sale or use of the described real property because of race is invalid and unenforceable under Federal law STATE OF TEXAS, COUNTY OF BEXAR
* Any provision herein which restricts the sale or use of the described real property because of race is invalid and unenforceable under Federal law STATE OF TEXAS, COUNTY OF BEXAR | hereby Certify that this instrument was eFiLED in File Number Sequence on this date and at the time stamped hereon by me and was duly eERECORDED in the Official Public Record of Bexar County, Texas on: 5/18/2018 8:17 AM Gerard C. Rickhoff Bexar County Clerk