IMI) °° 2oeBooaséesn AFTER RECORDING, PLEASE RETURN TO: Judd A. Austin, Jr.
Henry Oddo Austin & Fletcher, P.C.
1700 Pacific Avenue Suite 2700 Dallas, Texas 75201 CERTIFICATE AND MEMORANDUM OF RECORDIN OF ASSOCIATION DOCUMENTS FOR FALCON’S [4 HOMEOWNERS ASSOCIATION, INC.
STATE OF TEXAS § § COUNTY OF DALLAS 8 The undersigned, as attorney for the Falcon’s Lair Homgowgers/Agsociation, Inc., for the purpose of complying with Section 202.006 of the TexasRroperty Code and to provide public notice of the following dedicatory instruments affe one of property described on Exhibit B attached hereto, hereby states that the aN nts attached hereto are true and correct copies of the following: (a) Bylaws o on Homeowners Association, Inc. (Exhibit Exhibit Battached hereto are subject to the foregoing dedicatory instruments.
IN WITNESS WHEREOF, the Falcon’s Lair Homeowners Association, Inc. has caused this Certificate and Memorandum of Recording of Association Documents to be filed with the office of the Dallas County Clerk.
FALCON’S LAIR HOMEOWNERS ASSOCIATION, INC.
By: Its: AttoXney STATE OF TEXAS § § COUNTY OF DALLAS — § BEFORE ME, the undersigned Notary Publie this Onally appeared Judd A.
sociation, Inc., known to me to be the person whose name is subscribed on the foregoing and acknowledged to me that he executed the same for the purposes therein gaprest A 9 a thé capacity therein stated.
2006.
tate of Texas BEVERLY P. BATES = Notary Public, State of Texas My Commission Expires 2 tah US CORA April 28, 2009 ’ Me BYLAWS OF FALCON'S LAIR HOMEOWNERS ASSOCIATION, INC.
(A Texas Non-Profit Corporation) ARTICLE I NAME Ll NAME. The name of the organization shall be Falcon's.D% eowners Association, Inc., hereinafter called the "Association."
ARTICLE]. NAME ORGANIZATION AND PURPO
n-Profit Corporation) ARTICLE I NAME Ll NAME. The name of the organization shall be Falcon's.D% eowners Association, Inc., hereinafter called the "Association."
ARTICLE]. NAME ORGANIZATION AND PURPO Sanized and Shall be operated exclusively §28 of the Internal Revenue Code of of any subsequent United States 3 connection with the development of esquite, (the "City") Dallas County, ") usps for which the Association is formed are (a) to | e‘siohtsainder the Declaration of Covenants, Conditions and slatation") filed December 17, 1999 in Volume 99245, Page E Daifas County, Texas; and (b) enforce the provisions of and 2.1 ORGANIZATION. The Association is%9 as a homeowners association within the meaning of Sect 1986, as amended, or the corresponding provisio Intemal Revenue law or laws. The Associéton 16 { and sale of residences constructed on the re 24° / MEMBER/USER -OBLIGATIONS. All present or future Members of the Association and all tenants of any such Members, shall be subject to the regulations set forth in these Bylaws and in the Declaration and to the policies and regulations established by the Board of Directors.
012223.00010:109185.04 ARTICLE DEFINITIONS AND TERMS 3.1 DEFINITIONS. Capitalized terms used in these Bylaws and not defined elsewhere herein shall have the meaning assigned to them below: (a) "Articles" shall mean the Articles of Incorporation of the Association as the*game may from time to time be duly amended. ; (b) “Association Budget" shail have the meaning assigned to it in Sectio (d) . "Conversion Date" shall mean the date upon which all Class Association are converted to Class A membership, as required i Declaration.
(e) "Declarant" means Falcon's Lair, L.P., a Delaware artnership, and any other
te" shall mean the date upon which all Class Association are converted to Class A membership, as required i Declaration.
(e) "Declarant" means Falcon's Lair, L.P., a Delaware artnership, and any other person or entity who is designated in wnting as a ssor Dé in accordance with the procedures set forth in the Declaration. © (f "Member" shall mean each rerson is a member of the Association as .
- provided for in the Declaration.
of Members or of proxies or voting .
the votes of each class of membership. If.the ng may be called subject to the same notice subsequent meeting shall be two-thirds of the quorum requirement for s (hereinafter referred to as a "Regular Quorum"). The Association may call as még eqitgnt meetings as may be required to achieve a.quorum (the ‘being reduted Yor each such meeting in accordance with the terms and (g) "Quorum" shali mean representatives entitled to cast ty thi g required quorum is not pres¢ e ized terms used but not otherwise defined herein shall have the meanings the Declaration.
ARTICLE IV MEMBERSHIP, VOTING AND ASSESSMENTS 4.1 MEMBERSHIP. The Association shall have Members as provided in the Declaration. The classes of the Members and the voting rights and procedures are as set forth in the Declaration. , 012223,00010:109185.04 4.2 ASSESSMENTS. The Board of Directors shall have the obligation and power to set, collect and disburse Assessments as provided in the Declaration.
ARTICLE V ADMINISTRATION 5.1 ASSOCIATION RESPONSIBILITIES. The Members will Association. The Association shal] be governed by a Board of Directors.
5.2 PLACE OF MEETINGS. All annual and special meetings of the Asse held at the principal office of the Association or at such other suitable and conveni¢ such meetings.
5.3. ANNUAL MEETINGS. Annual meetings sha
OF MEETINGS. All annual and special meetings of the Asse held at the principal office of the Association or at such other suitable and conveni¢ such meetings.
5.3. ANNUAL MEETINGS. Annual meetings sha February of each year or on any other day not more than 30 4 resolution of the Board of Directors.
than one-tenth of the votes entitled to be ye g notice of any special meeting shall state the ti tary shall send notices of annual and special pr personally, by facsimile transmission or by mail otices may also be delivered by electronic means, such as in website, to Members who have elected such method in writing, if permitted by appli uch notice shall be delivered not less than 10 days nor more than 60 days before the date-ef bf. if delivered personally, such notice may be left at the Member's b J If requested, any mortgagee of record or its designee may be entitled to DELIVERY OF NOTICES TO MEMBERS. Any notice required to be delivered to a Member under these Bylaws shall be deemed delivered at the time of personal delivery or, if delivered by facsimile transmission, at the time the communication is successfully transmitted or, if delivered by mail, at the time the notice is deposited in the United States mail addressed to the Member at his or her address as it appears on the records of the Association, with postage thereon paid. Notices delivered by electronic means as provided in Section 5.5 hereof shall be deemed delivered when transmitted, posted 3 012223.00010:109185.04 on a website or electronic bulletin board or otherwise made accessible to the Members who have elected such method in writing.
5.8 ORDER OF BUSINESS. The order of business at all meetings of the Members shall be as follows: , Roll call.
Proof of notice of meeting or waiver of notice.
s who have elected such method in writing.
5.8 ORDER OF BUSINESS. The order of business at all meetings of the Members shall be as follows: , Roll call.
Proof of notice of meeting or waiver of notice.
Reading of minutes of preceding meeting.
Reports of officers.
Reports of committees.
Election of Directors and officers, if applicable.
Unfinished business.
New business. , ARTICLE VI BOARD OF DIRECTORS; ELECTION OF QFFIC ra mooaogp il the fi meeting of the Members under these Bylaws, the Board of Directors shall be compostd of the following three persons: Spencer Alpert (Ox, Court, Suite 840 DaWas, Texas 75201 Richard D. Albé Engle Homes/Texas, Inc.
11498 Luna Road, Suite 101 Dallas, Texas 75234 2309 Avenue K, Suite 100 _ Plano, Texas 75074 ¢ following acts, regardless of whether these Bylaws contemplate that such eformed by the Board of Directors or an officer of the Association: (b) Procure and maintain all necessary books and records of the Association.
{c) Pay all fees, expenses and costs incident to or necessary for the incorporation and organization of the Association.
012223.00010:109185.05 (d) Approve and adopt the fiscal year of the Association.
(ec) Establish and maintain such bank accounts with such banks and authonzed signatories and in such citics and states as the three-member Board of Directors shall deem necessary or desirable.
(h) Provide for all Owners of Lots required to be Members.u the Declaration to become Members.
(i) Collect and enforce all Assessments owing unde (j) | Schedule and conduct the first annua these Bylaws.
(k) Take or cause to be taken gare acknowledged, certified, delivered, accepte name and on behalf of the Association asin the Miled all such further instruments in the of the three-member Board of Directors
ke or cause to be taken gare acknowledged, certified, delivered, accepte name and on behalf of the Association asin the Miled all such further instruments in the of the three-member Board of Directors rectors shall not otherwise conduct business of the e first annual meeting of the Members, the Board of persons. The members of the Board of Directors must be Such three-mem Association. From and § property of the Association and the administration of the other responsibilities ssociation. Decisions of the Board of Directors shall be made by the vote of a 6.3 ELECTION AND TERM OF OFFICE. At each annual meeting of the Members at which a Regular Quorum is present, the Directors shall be elected. At each election for Directors, every Member entitled to vote at such election (both Class A Members and Class B Members counted together) shall have the right to cast as many votes as such Member is entitled to exercise under the terms of the Declaration, in person or by legitimate proxy, for as many persons as there 5 012223.00010:109185.04 are Directors to be elected, and Members are expressly prohibited from cumulating their votes in any.election for Directors of the Association. The persons receiving the most votes shal] become Directors (e.g., the five persons receiving the most votes). Officers shall be elected as provided in Section 7.2 below. Each Director elected shall hold office as a Director and, if applicable, as the President, Vice President or Secretary of the Association for the term for which he is elected and until his successor shall have been elected and qualified or until his earlier death, resignation, 6.4 VACANCIES. Vacancies on the Board off Directors vacancy, if applicable, in the officer position held by the vacatin'y
shall have been elected and qualified or until his earlier death, resignation, 6.4 VACANCIES. Vacancies on the Board off Directors vacancy, if applicable, in the officer position held by the vacatin'y other than the removal of a Director by a vote of the Associa é constiftiré Director so elected shall serve out the remaining dizé ip term of his predecessor and, if c yon held by his predecessor. Upon filling any vacancy on the Board of Direct dfary, ésponding officer position, the Secretary of the Association shall deliver notice of th et Director and, if applicable, officer, to each Member of the Association, either pe electronic mail (to Members who have } 10n or by mail (postage prepaid), directed to 1 address or facsimile number of the Member, as otice may also be delivered by other electronic means, é, to Members who have elected such method in wniting.
VAL -of the Members dulyfc id any “Pirector may be removed Bam his dhesrahig position and any corresponding officer pasitioyy held by him with or without cause by a Majority Vote of the ‘Members, and fa sessar-ifiay then and there be elected to fill the vacancy in the directorship positiop’andé esponding officer position thus created. Any Director whose removal has been Direct be held within ten days of election at such place as shall be fixed by the Directors at the meeting’ at which such Directors were elected, and no notice shall be necessary to the newly elected Directors in order legally to constitute such meeting, providing a majority of the whole Board shall be present.
6.7 REGULAR MEETINGS. Regular meetings of the Board of Directors may be held at such time and place as shall be determined, from time to time, by a majority of the Directors, but 6 012223.00010:109185.04
REGULAR MEETINGS. Regular meetings of the Board of Directors may be held at such time and place as shall be determined, from time to time, by a majority of the Directors, but 6 012223.00010:109185.04 at least one such meeting shall be held during each fiscal year. Notice of regular meetings of the Board of Directors shall be given to each Director, either personally, by telephone, by electronic mail, by facsimile transmission or by mail (postage prepaid), at least ten days pnor to the day named for such meeting. Notice may also be delivered by other electronic means, such as posting on the Association's website, to Directors who have elected such method in wniting.
6.8 SPECIAL MEETINGS. Special meetings of the Board of Directors may ba by the President or Secretary, or upon.the wntten request of at least three Directors. g or Secretary will give ten days notice to each Director either personally, by telephone,b method in wniting.
6.9 TELEPHONIC MEETING. The Board of Dirg meeting by means of conference telephone or similar co persons participating in the meeting can hear each other.
the express purpose of objecting to the transaction of an not lawfully called or convened.
Director under these Bylaws shall be deems delivered by telephone, by electronic communication is successfully acsimile transmission, at the time the ivered by mail, at the time the notice. is e Director at his or her address as it appears on efeon paid. Notices may also be delivered by other ociation's website, to Directors who have elected such © waiver shall be deemed equivalent to the giving of such any meeting of the Board shall be a waiver of notice by him of e Directors are present at any meeting of the Board, no notice
ave elected such © waiver shall be deemed equivalent to the giving of such any meeting of the Board shall be a waiver of notice by him of e Directors are present at any meeting of the Board, no notice 6.12 Dissolution. The Association may be dissolved upon the vote of at least 70% of each class of the voting membership. Upon such dissolution, the assets of the Association shall be donated to a nonprofit organization with purposes similar to the Association and selected by a majority of the Board. So long as the Class B membership provided for in Section 5.2(b) exists, dissolution of the Association shall require the prior written approval of HUD or VA.
7 012223.00010:109185.03 ARTICLE VII OFFICERS 71 DESIGNATION. The officers of the Association shall be a President, Vice President, Secretary and Treasurer, each of whom must be a Member, or an officer, employee or agent of a Member. Not more than one Owner of a Lot may serve as an officer of the Associ any one time.
organizational meeting of each new Board of Directors and sha Board of Directors.
members of the Board of Directors, the Treasurer ma\ b&removedseither with or without cause, and his or her successor may be elected at any regular msetthg of the Board of Directors or at any 74 PRESIDENT. The President The President shall preside at all meetings 9 shall have all the general powers and dutié association, including, but not KMPited Members to assist in the adminjStpaty f designated alternate, shall re outside business meetings.
ociation and the Board of Directors, and usually vested in the office of President of an 7.5 VICE PRESIDE he Vice President shall perform all of the duties of the President in his or herfaSéhce'g uch other duties as may be required of the Vice President from
the office of President of an 7.5 VICE PRESIDE he Vice President shall perform all of the duties of the President in his or herfaSéhce'g uch other duties as may be required of the Vice President from sident brthe Board of Directors.
time to time by the Pré a The Secretary shall keep the minutes of all meetings of the Board of le minutes of all meetings of the Association. The Secretary shall have charge of and papers as the Board of Directors may direct and shall, in general, perform all the duties inerdent to the office of the Secretary.
(b) The Secretary shall compile and keep up to date at the principal office of the Association a complete list of Members and their last known addresses as shown on the records of the Association. Such list shall be open to inspection by Members and other persons lawfully entitled to inspect the same at reasonable times dunng regular business hours.
8 012223.00010:109183.04 7.7. TREASURER. The Treasurer shall receive and deposit in appropnate bank accounts all money of the Association and shall disburse such money as directed by resolution of the Board of Directors. The Treasurer shal] also have the authority to: keep proper books of account; cause an annual statement of the Association's books to be made at the completion of each fiscal year; prepare an annual budget and a statement of income expenditures to be presented fo the Members at their regular annual meeting, and deliver a copy of each to the Members; and rm all other duties assigned to the Treasurer by the Board of Directors.
ARTICLE VUI AMENDMENTS TO BYLAWS 8.1 AMENDMENTS GENERALLY. Except as provided 1 in Bylaws may be amended or repealed, or new bylaws may be adepted, ¥ meeting of the Members (both Class A Members and Class B
E VUI AMENDMENTS TO BYLAWS 8.1 AMENDMENTS GENERALLY. Except as provided 1 in Bylaws may be amended or repealed, or new bylaws may be adepted, ¥ meeting of the Members (both Class A Members and Class B present at the meeting, provided notice of the proposed amend in the notice of such meeting; and provided further, thahe forege prohibit the Members from adopting the proposed a ent, effecting the proposed repeal or adopting the proposes new bylaws, as the case may be,-l ified form which is not identical to Members may not amend or repeal these 3 new bylaws, unless Declarant consents in writing.
Any action required or permitted to be taken at any 9.1 meeting of Members, Dire ‘er ommittee members may be taken without a meeting, without prior notice, and with if a consent or consents in wmiting, setting forth the action so taken dry to take that action at a meeting at which all persons entitled to vote it and voted. Every written consent signed by Jess than all the Members, ar the date of signature of each person who signs the consent. No wmitten consent an all the Members, Directors or committee members entitled to vote with respect days after the date of the earliest dated the consent was delivered to the Association in the manner required by law, a consent or consents signed by not less than the minumum number of Members, Directors or committee members that would be necessary to take the action that is the subject of the consent are delivered to the Association by delivery to its registered office, registered agent, or principal place of business, or by delivery to an officer or agent of the Association having custody of the books in which proceedings of meetings of Members are recorded. Delivery of written 9
nt, or principal place of business, or by delivery to an officer or agent of the Association having custody of the books in which proceedings of meetings of Members are recorded. Delivery of written 9 consents shall be by hand or certified or registered mail, retum receipt requested or by tclex, cablegram, facsimile or electronic mail to the telex or facsimile number or the electronic mail address of the Association. Delivery to the Association's principal place of business shall be addressed to the President or principal executive officer of the Association. A telegram, telex, cablegram, electronic mail message or similar transmission by a Member, Director or committee member, or a photographic, photostatic, facsimile or similar reproduction of a writing signed by a Member, Director or committee member, shall be regarded as signed by the Member, dir¢Ctor or committee member for purposes of this Section 9.1.
9.2 NOTICE OF ACTION. Prompt notice of the taking of any actig Directors or committee members without a meeting by less than unanimous writté given to those Members, Directors or committee members who did not co action.
ARTICLE X MORTGAGES 10.1 NOTICE TO ASSOCIATION. An Q ner req be a Member under the Declaration above who mortgages his or her Lot shally the Association through the President ¢ The Association is. not organized for profit. No Lot person from whom the Association may receive any property or funds shall receive or’shaH bo layfully entitled to receive any pecuniary profit frorn the operation as compensatio ar Wistribited to or inure to the benefit of any Director or officer; provided,
or funds shall receive or’shaH bo layfully entitled to receive any pecuniary profit frorn the operation as compensatio ar Wistribited to or inure to the benefit of any Director or officer; provided, however, (a) rf etiipensation may be paid to any Member while acting as an agent or stion for services rendered in effecting one or more of the purposes of the : FILING OF PAPERS. The Board of Directors shall cause to be filed with all applicable government agencies such certificates, reports and other paperwork as necessary to assure that the Association, to the maximum extent possible, retains its tax-exempt status as a Texas non-profit corporation operating exclusively as a homeowners association within the meaning of Section 528 of the Intemal Revenue Code of 1986, as amended, or the corresponding pevsan or provisions of any subsequent United States Intemal Revenue law or laws.
10 012225.00010:109185.04 FIRST AMENDMENT TO THE BYLAWS OF FALCON’S LAIR HOMEOWNERS ASSOCIATION, INC, STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § This First Amendment to the Bylaws of the Falcon’s Lak Association, Inc. is made to be effective as of the Fu. dé 2006 by the Members of the Falcon’s Lair Home “Association” ): WITNESS H: WHEREAS, Article VIII, Section 8. laws of the Association, (the “Bylaws”) provides that the Bylawé ma nded by the Members of the Association at any annual or specia hich a Regular Quorum is present by the affirmative vote of hirds of| the total votes of the Members present at such meeting, provide proposed amendment be contained in the notice of such meeting; wntenza{ pone to the Bylaws, as set forth hereinafter with
ng, provide proposed amendment be contained in the notice of such meeting; wntenza{ pone to the Bylaws, as set forth hereinafter with February , 2006, at which a quorum was present, by the affirmative vote of two-th f the total votes of the Members present at such meeting.
NOW, THEREFORE, the Bylaws of the Association are hereby amended as follows: EXHIBIT 1 fh A-2 Paragraph (g) of Section 3.1 of Article III of the Bylaws is deleted and shall hereinafter read, in its entirety, as follows: (g) “Quorum” shall mean the presence of Members or of proxies or voting representatives entitled to cast ten percent (10%) of all the votes of the membership (hereinafter referred to as a “Regular Quorum”).
required quorum is not present or represented at any meeti Members, the Members entitled to vote thereat, present i represented by proxy, shall have the power to adjourn the meeff time, without notice other than announcement at the meet is present or represented. Any business may be transac¢é a hecanvened meeting which might have been transacted at me notified.
Amendment to the Bylaws of the Falcon’s Lair Homeowners Inc. was approved by the affirmative vote of two-thirds of the total e Members present at a duly convened annual meeting of the Members Association held on Fe -bruar , 2006, after notice of such meeting sént to all Members, and that the same does now constitute a portion of the Bylaws of the Falcon’s Lair Homeowners Association, Inc.
Mughud w Pv EXHIBIT B Those lots, blocks, tracts and parcels of real property located in the City of Mesquit«, Dallas County, Texas more particularly described as follows: (i) (il) (iii) (iv)
on, Inc.
Mughud w Pv EXHIBIT B Those lots, blocks, tracts and parcels of real property located in the City of Mesquit«, Dallas County, Texas more particularly described as follows: (i) (il) (iii) (iv) All property subject to the Declaration of Covenants, Conditions and Restrictions for Falcon’s Lair Phase I, filed on December 17, 1999 in Volume 99245, Page 4537, et seq. of the Deed Records of Dallas County, Texas, including any supplemenjg and amendments thereto; Falcon’s Lair, Parcel 1A, an Addition to the City of Mesquite, Texas, according to the Plat thereof recorded in Volume 2002 the Map Records of Dallas County, Texas, together with Correction recorded in Volume 2002127, Page 3833 of t made a part of Stewart Title Guaranty Compa Insurance; and Falcon’s Lair, Phase 1B, an Addition to the Texas, according to the Plat thereof recerded i Map Records of Dallas County, Texa Falcon’s Lair-Phase 2A, an Texas, according to the Ma 272 of the Map Records of Dz SN FILED AND RECORDED OFFICIAL PUBLIC RECORDS Guashia Fusion hour Cynthia Figueroa Calhoun, County Clerk Dallas County TEXAS S March 09, 2006 12:14:21 FEE: $72.00 200600086097