Document

2024 - 2024016941 05/17/2024 11:37 AM Page 1 of 58 AFTER RECORDING RETURN TO: Gregory A. Richards, PC 280 Thompson Drive Kerrville, Texas 78028 Email: [email protected] FIREFLY CORPUS CHRISTI RV AND-TINY HOME CONDOMINIUM COMMUNITY, INC COMMUNITY MANUAL Consisting of: Certificate of Formation Bylaws Initial Rules & Regulations Assessment Collection Policy Fine Policy Certification and Acknowledgement PROPERTY Firefly Corpus Christi RV and Tiny Home Condominium Community is located at 101 Caribbean Drive, Corpus Christi, Texas 78418, and are subject to the Declaration of Condominium Regime for Firefly Corpus Christi RV and Tiny Home Condominium Community, dated May 13, 2024, recorded under Document No.

2024016266, Official Public Records of Nueces County, Texas 2024 - 2024016941 05/17/2024 11:37 AM Page 2 of 58 FIREFLY CORPUS CHRISTI RV AND TINY HOME, CONDOMINIUM COMMUNITY MANUAL TABLE OF CONTENTS CERTIFICATE OF FORMATION BYLAWS INITIAL RULES AND REGULATIONS ASSESSMENT COLLECTION POLICY FINE POLICY RECORDS PRODUGTION AND COPYING POLICY CERTIFICATION.& ACKNOWLEDGEMENT ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 4 ATTACHMENTS ATTACHMENT 6 ATTACHMENT 7 Unofficial Copy 2024-2024016941 05/17/2024 11:37 AM Page 3 of 58 Unofficial Copy ATTACHMENT 1 CERTIFICATE OF FORMATION Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 3 Unofficial Copy Unofficial Copy Unofficial Copy 2024 - 2024016941 05/17/2024 11:37 AM Page 4 of 58 Form 202 _ c mee es — Secretary of State f. Filed in the Office of the P.O. Box 13697 Secretary of State of Texas Austin, 1X.78711-3697 | Filing #: 805491137 04/02/2024 FAX: 512/463-5709 ' Document #: 1350485850003

ee es — Secretary of State f. Filed in the Office of the P.O. Box 13697 Secretary of State of Texas Austin, 1X.78711-3697 | Filing #: 805491137 04/02/2024 FAX: 512/463-5709 ' Document #: 1350485850003 . Certificate of Formation ‘Image Generated Electronically Filing Fee: $25 Nonprofit Corporation | forWeb Filing — “Article 4- - Corporate Name The filing entity formed is a nonprofi it corporation. The name of the entity is : Firefly Corpus Christi RV am Tiny Home Condominium Community In Inc Premier Land West LLC OR TB. The initial registered agent is an individual. resident of the state whose name is set forth below: © C. The.business address of the reg registered a agent and the ‘registered off ice address is: Street Address: _ 12 Upper Balcones Rd Ste 100 Boerne TX 78006 IA. A copy of the consent of registered agent is attached.

OR MB. The consent of the registered agent is maintained by the entity.

Tl A. Management of the affairs of the corporation is to be vested solely in the members of the corporation.

OR which must/be a minimum of three, that constitutes the initial board of directors and the names and addresses.of the persons)who are to serve as directors until'the first annual meeting or untiltheir successors are elected and-qualified are set forth below.

Diéctor1: James Deal Title: Director Address: 200 North Harbor Place SteG Davidson NC; USA 28036 Director 2: Logan Shortridge Title: Director Address: 200 North Harbor Place Ste G Davidson NC, USA 28036 Director 3: Nathan Saunders Title: Director Address: 200 North Harbor Place SteG Davidson NC, USA 28036

2: Logan Shortridge Title: Director Address: 200 North Harbor Place Ste G Davidson NC, USA 28036 Director 3: Nathan Saunders Title: Director Address: 200 North Harbor Place SteG Davidson NC, USA 28036 Article 4 - Organization Structure I A. The cofporation will have members.

or I~ B.-The corporation will not have members.

Article 5 - Purpose The. corporation is organized for the-following purpose or purposes: HOA Supplemental Provisions / Information 2024 - 2024016941 05/17/2024 11:37 AM Page 5 of 58 [The attached addendum, if any, is incorporated herein by reference.] Effectiveness of Filing i MA. This.document becomes effective when the document is filed by the secretary of state.

7 OR I”B. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its isigning. The delayed effective daté-is: The initial mailing address of the filing entity is: 200 North Harbor Place Ste G Davidson, NC 28036 USA Organizer The name.and address of the organizer are set forth below.

James Deal 200 N Harbor Place Ste G Davidson, NC.28036 a oe oie The ‘undersigned affirms that the person designated as registered agent has consented to the appointment. The undersigned signs this documentsubject to the penalties imposedsby law for the submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized underthe provisions of law governing the entity to execute the filing instrument.

James Deal ‘Signature of organizer.

FILING OFFICE COPY 2024 - 2024016941 05/17/2024 11:37 AM Page 6 of 58 .

authorized underthe provisions of law governing the entity to execute the filing instrument.

James Deal ‘Signature of organizer.

FILING OFFICE COPY 2024 - 2024016941 05/17/2024 11:37 AM Page 6 of 58 .

Filing#:805491137 Document#:13598510300UZ Filed Un 4/30/2024 received by Upload This space reserved for office use.

Form 424 (Revised 05/11) Submit in duplicate to: Secretary of State P.O? Box 13697 Austin, TX 78711-3697 512 463-5555 FAX: 512/463-5709 Filing Fee: See instructions Certificate of Amendment Entity Information The name of the filing entity is: Firefly Corpus Christi RV and Tiny Home Condominium Community Inc State the name of the entity as currently shown-in the records of the secretary of state. If the amendment changes the name of the entity, state the old name and not the fiew name.

The filing entity is a: (Scicct the appropriate entity type below.)

[) For-profit Corporation (1 Professional Corporation [v] Nonprofit Corporation (J Professional Limited Liability Company (_] Cooperative Association J Professional Association C1 Limited Liability Company [1 Limited Partnership The file number issued to the filing entity by the secretary of state is: 805491137 The date of formation of the entity is: April 2, 2024 Amendments 1. Amended Name (If the purpose of the certificate of amendincnt is to change the name‘of the entity. use the following statement) The amendment changes the certificate of formation to change the article or provision that names the filing entity. The article or provision is amended to read as follows: The name of the filing entity is: (state the new name of the entity below) The name of the entity must contain an organizational designation or accepted abbreviation of such term. as applicable.

2, Amended Registered Agent/Registered Office

the new name of the entity below) The name of the entity must contain an organizational designation or accepted abbreviation of such term. as applicable.

2, Amended Registered Agent/Registered Office The amendment changes the certificate of formation to change the-article or provision stating.the name>of the registered agent and the registered office address of the filing entity. The article or provision is amended to read as follows: Form 424 6 2024 - 2024016941 05/17/2024 11:37 AM Page 7 of 58 Registered Agent (Complete either A or B, but not both. Also complete C,) (_] A. The registered agent is an organization (cannot be entity named aboyey- by the name of: OR First Name ALL Last Nante Suffix The person executing this instrument affirms that the person designated as the new registered agent has consented to serve as registered agent.

C. The business address of the registered agent and the registered office address is: ‘TX Street Address (No P.O. Box} City State — Zip Cade 3. Other Added, Altered, or Deleted Provisions Other changes or additions to the certificate of formation may be made in the.space provided below. IF the space provided ig-insufficient, incorporate the additional text by providing an attachment to this form. Please read the instructions to this form for further information on format.

Text Area (The attached addendum, if any. is incorporated herein by refercnee.)

Add each of the following provisions to the certificate of formation. The identification or reference of the added provision and the full text are as follows: Please see attached addendum incorporated herein by reference.

wing provisions to the certificate of formation. The identification or reference of the added provision and the full text are as follows: Please see attached addendum incorporated herein by reference.

Alter each of the following provisions of the certificate of formation. The identification or reference of the altered provisiomand the full text of the provision as amended are as follows: Article 5 - Purpose The corporation is organized for the following purpose or purposes: Please see attached addendum incorporated herein by reference.

Statement of Approyal The amendments to the certificate of formation have been approved in the manner required by the Texas Business Organizations Code and by the governing documents of the entity.

Fonn 424 7 2024 - 2024016941 05/17/2024 11:37 AM Page 8 of 58 Effectiveness of Filing (setect either A, B, or C.)

B. [E} This document becomes effective at a later date, which is not more than ninety (90) days from the date of signing. The delayed effective date is: C. (J This document takes effect upon the occurrence of afuture event or fact, other than the passage of time. The 90" day after the date of signing is: The following event or fact will cause the document to take effect in the manner described below: Execution The undersigned signs this document subject to the penalties imposed by law for the submission.of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions ‘of law governing the entity to execute the filing instrument.

Date: By: Signature of authorized person James Deal

fies under penalty of perjury that the undersigned is authorized under the provisions ‘of law governing the entity to execute the filing instrument.

Date: By: Signature of authorized person James Deal Printed or typed name of authorized person (see instructions) Form 424 8 2024 - 2024016941 05/17/2024 11:37 AM Page 9 of 58 ADDENDUM TOCERTIFICATE OF AMENDMENT OF FIREFLY:CORPUS CHRISTI AND TINY HOME CONDOMINIUM COMMUNITY-INC Amendments The amendment alters the certificate of formation Article 5 - Purpose: The Association is organized in accordance with, and shall operate for nonprofit purposes pursuant to the Texas Business Organizations Code and does not contemplate pecuniary gain or profit to its members. In furtherance of its purposes, the Association shall have the following powers which, unless indicated otherwise by this Certificate of Formation, that certain “Declaration of Condominium Regime for FIREFLY CORPUS CHRISTI RV AND TINY HOME CONDOMINIUM", of recordSor will be of record in the Official Public Records of Nuecés County, Texas, as the same may be amended from time to time (the "Declaration").

(a) _ all rightscand powers conferred upon nonprofit corporations by TexasJaw in effect from time to time; (b) all rights and powers conferred upon condominium associations by Texas law, including the Texas Uniform Condominium Act (the “Act”), in effect from time to time, provided, however, that the Association shall not have the power to institute, defend, intervene in, settle or compromise proceedings in the name of any Owner as provided in Section 82.102(a)(4) of the Act; and (c) all powers necessary, appropriate, or advisable to perform any purpose or duty of the Association as set out in this Certificate of Formation, the Bylaws, the Declaration, or Texas law.

e Act; and (c) all powers necessary, appropriate, or advisable to perform any purpose or duty of the Association as set out in this Certificate of Formation, the Bylaws, the Declaration, or Texas law.

Notwithstanding any provision in Article XIV to the contrary, any proposed amendment to the provisions of this Articlé-IV shall be adopted only upon an affirmative vote by the holders of one-hundred percent (100%) of the total number of votes-of the Association and the Declarant during the Development Period, as determined and defined under the Declaration.

The amendment adds the following articles to the certificate of formation: ARTICLE 6 LIMITATION OF DIRECTOR LIABILITY Acdirector of the Association-shall not be personally liable to the Association for monetaty damages for any act or oniission in his capacity as a director, except to the extent otherwise expressly provided by a:statute of the State of Texas,sAny repeal or modification of this Article shall be prospective.only, and shall not adversely affect any limitation of the personal hiability of a director of the Association existing at the time of the repeal or modification.

2024 - 2024016941 05/17/2024 11:37 AM Page 10 of 58 ARTICLE 7 INDEMNIFICATION Each person who acts)as a director or officer of the,Association shall be indemnified by the Association against any costs, expenses and liabilities which may be imposed)upon or reasonably incurred by him in connection with any civil or criminal action, suit or proceeding in which he may be named as a party defendant or in which he may be a witness by reason of his being or having been such director or officer or by reason of any action alleged to have been taken or omitted by him in either such capacity. Such indemnification shall be provided in the

ason of his being or having been such director or officer or by reason of any action alleged to have been taken or omitted by him in either such capacity. Such indemnification shall be provided in the manner and under the terms, conditions and limitations set forth in the Bylaws of the Association.

ARTICLE 8 DISSOLUTION Upon dissolution of the Association, other than incidentto a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes substantially similar to those for which this Association was created. In the event that such dedication is refused-acceptance, such asscts shall-be granted, conveyed, and assigned to any nonprofit corporation, association, trust, or other organization to be devoted to such substantially similar purposes.

ARTICLE 9 ACTION WITHOUT MEETING Any action required by law to be taken at any annual or special meeting of the members of the Association, or any action that-may be taken at any annual-or special meeting of the members of the Association, may be taken without a meeting, without prior notice, and without a vote, if a consent or consents in writing, setting forth the action’so taken, shall be signed by the number of members having thecotal number of votes of the Association necessary to enact the action taken, as determined under the Declaration or this Certificate of Formation.

ARTICLE 10 AMENDMENT This Certificate of Formation may be amended by proposal submitted to the membership of the Association. Except as otherwise provided by the terms and provisions of Article IV of this Certificate of Formation, any such proposed amendment shall be adopted only upon an affirmative vote by the holders of a two-thirds (2/3) majority of the total number of votes of the

rticle IV of this Certificate of Formation, any such proposed amendment shall be adopted only upon an affirmative vote by the holders of a two-thirds (2/3) majority of the total number of votes of the Association as determined under the Declaration. In the case of any conflict between the Declaration and this Certificate of Formation, the Declaration shallccontrol; and in the case of any conflict between this Certificate of Formation and the Bylaws of the Association, this Certificate of Formation shall control.

-2Unofficial Copy 2024-2024016941 05/17/2024 11:37 AM Page 11 of 58 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy ATTACHMENT 2 BYLAWS Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 4 Unofficial Copy Unofficial Copy Unofficial Copy 2024 - 2024016941 05/17/2024 11:37 AM Page 12 of 58 FIREFLY CORPUS CHRISTI RV AND TINY HOME CONDOMINIUM COMMUNITY, INC.

BYLAWS (a Texas condominium association) ARTICLE 1 INTRODUCTION 1.1. Property. These Bylaws of Firefly Corpus Christi RV and Tiny Home Condominium Community, Inc., provide for the governance of the condominium regime known as Firefly Corpus Christi RV and Tiny Home Condominium, subject to the terms and provisions of the Declaration of Condominium Regime for Firefly Corpus Christi RV and Tiny Home Condominium filed for record in the Official Public Records of Nueces County, Texas (the “Declaration”).

1.2. Parties to Bylaws. All present or future Owners of Units and all other persons who use or occupy the Property in any manner are subject‘to these Bylaws, the Declaration, and the other Documents as‘defined in the Declaration. The.mere acquisition or occupancy.of a Unit

er persons who use or occupy the Property in any manner are subject‘to these Bylaws, the Declaration, and the other Documents as‘defined in the Declaration. The.mere acquisition or occupancy.of a Unit will signify that these Bylaws are accepted, ratified, and will be strictly followed.

1.3. Definitions. Words and phrases defined in the Declaration have the same meanings when used in these Bylaws. Article ] of the Declaration is incorporated herein by reference.

1.4. Nonprofit Purpose. The Association is organized to be a nonprofit corporation.

1.5. Declarant Control. Notwithstanding anything to the.contrary in these Bylaws, a number of provisions are modified by the Declarant’s reservations;in the Declaration during the Declarant Control Period and.thé Development Period, as defined in the Declaration, including the number, qualification, appointment, removal, and replacement of directors.

1.6. General.Powers and Duties. The Assocfation, 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 Regime as may be required or permitted by the 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 the limitations upon the exercise of such powers as are expressly set forth in the Documents.

ARTICLE 2 BOARD OF DIRECTORS During the Declarant Control Period, Section 13.5 of the Declaration governs the number, qualification, and appointment.of directors. The initial directors will be appointed by Declarant and need not be Owners. Directors appointed by Declarant‘may not be removed by the Owners

the number, qualification, and appointment.of directors. The initial directors will be appointed by Declarant and need not be Owners. Directors appointed by Declarant‘may not be removed by the Owners 2024 - 2024016941 05/17/2024 11:37 AM Page 13 of 58 and-may be removed by Declarant only. Declarant has the .right to fill vacancies in any directorship vacated by a Declarant appointee.

2.1. Number anderm of Office. Upon expiration or termination of the Declarant Control Period, unless the Bylaws or Certificate provide otherwise, the Board will consist of at least three (3) Persons elected at the annual meeting of the Association, or at a special meeting called for that purpose. Each director shall be elected at a meeting duly called for such purpose and shall serve for a two-year term. A director takes office upon the adjournment of the meeting or balloting at which he is elected or appointed and, absent death, ineligibility, resignation, ore removal, will hold office until his successor is elected or appointed.

2.2. Qualification. The following qualifications apply to the election or appointment of Persons to the Board.

2.2.1. Owners. Upon expiration or termination of the Declarant Control Period, at least aMajority of the directors must bé-Members of the Association, of spouses of Members.

2.2.2. Entity Member. If a Unit is owned by a legal entity, such as a partnership or corporation, 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.

2.2.3. Delinquency. No Person may be elected or appointed as a director if any

ationship between the entity Member and the director representing it terminates, that directorship will be deemed vacant.

2.2.3. Delinquency. No Person may be elected or appointed as a director if any assessment against the Person or his Unit is delinquent at the time of election or appointment, provided he has been given notice of the delinquency and a reasonable opportunity to cure the delinquency.

2.2.4. Litigation. No Persof) may be elected or appointed-a$a director if the Person is a party adverse to the AssociationSer the Board in pending litigation to which the Association of the Board is a party.

2.3. Election. .Wpon expiration or termination of the Declarant Control Period, directors will be elected‘by the Members of’the Association. The election of Directors will be conducted at the annual meeting of the Association, at any special meeting called for that purpose, or by mail, facsimile transmission, electronic mail, or a combination of any of these.

2.4. Vacancies. Vacancies on the Board caused by any reason, except the removal of a director by a vote of the Association, are filled by a vote of the Majority of the remaining directors, even though less than a quorum, at any meeting of the Board. Each director so elected serves until the next meeting of the Association, at which time a successor will be elected to fill the remainder of the term.

2.5. Remoyal of Directors.

Association, any one orcmore of the directors may bestemoved with or without cause by -22024 - 2024016941 05/17/2024 11:37 AM Page 14 of 58 Members representing at least two-thirds of the votes present in person or by proxy at the

the directors may bestemoved with or without cause by -22024 - 2024016941 05/17/2024 11:37 AM Page 14 of 58 Members representing at least two-thirds of the votes present in person or by proxy at the meeting, and a successor may then and there be elected to fillthe vacancy thus created. Any director whose removal has been proposed by the Members must be given an opportunity tobe heard at the meeting.

2.5.2. Removal by Directors. A director may not be removed by the officers or by the remaining directors, except for the following limited reasons for which a director may be removed by at least a Majority of the other directors at a meeting of the Board called for that purpose: i. The Director is a party adverse to the Association or the Board in pending litigation to which the Association or the Board is a party; provided the Association did not file suit to effect removal of the Director.

ii. The director's account with the Association has\been delinquent for at least ninety (90) days or has been delinquent at least three (3) times during the preceding twelve (12) months; provided he was given notice of the default and a reasonable opportunity to cure.

iii. | TheDirector has refused or failed tovattend three (3) or more meetings of the Board during the preceding twelve (12) months; provided he was given proper notice of the meetings.

iv. The Director has refused or failed to cure a violation of the Documents for which he has been given notice, a reasonable opportunity to cure, and an opportunity to request a hearing before the Board.

2.6. Meetings of the Board.

2.6.1. Organizational Meeting of the Board. Within ten-{t0) days after the annual meéting, the directors will convene an organizational meeting for the purpose of electing

2.6. Meetings of the Board.

2.6.1. Organizational Meeting of the Board. Within ten-{t0) days after the annual meéting, the directors will convene an organizational meeting for the purpose of electing officers. The time and place ofthe meeting will be fixed bythe Board and announced to the directors, 2.6.2. Regular Meetings of the Board. Regularmeetings of the Board may be*held at a time and place that the Board determines, from time to time, but at least one (1) such meeting must be held annually. Notice of regular meetings of the Board will be given to each director personally or by telephone, written, or electronic communication, at least five (5) days prior to the date of the meeting.

2.6.3. Special Meetings of the Board, Special meetings of the Board may be called by the president or, if he is absent or refuses to act, by the secretary, or by any three (3) directors.

At least five (5) days’ notice will be given to each director, personally, or by telephone, written, or eléétronic communication, whichonotice must state the place,<time, and purpose of the meeting.

2.6.4. Emergency Meetings. In case of emergencysthe Board may convene a meeting after making a diligent attempt to notify each director by any practical method.

-32024 - 2024016941 05/17/2024 11:37 AM Page 15 of 58 2.6.5. Conduct of Meetinigs. The president presides over'meetings of the Board and thé 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 conflict with law_or the Documents, the then current edition of Robert's Rulessof Order governs the conduct) of the meetings of the Board.

2.6.6. Quorum, At meetings of the Board, a Majority of directors constitutes a quorum

Documents, the then current edition of Robert's Rulessof Order governs the conduct) of the meetings of the Board.

2.6.6. Quorum, At meetings of the Board, a Majority of directors constitutes a quorum for the transaction of business, and the acts of the Majority of the directors present at a meeting at which a quorum is present are the acts of the Board. If less than a quorum is present at a meeting of the Board, Majority of those present may adjourn the meeting from time to time. At any reconvened meeting at which a quorum is present, any business that may have been transacted at the meeting as originally called may be transacted without further notice. Directors may not'participate by proxy at meetings of the Board.

2.6.7. Open Meetings.. Regular and special meetings ofthe Board are open to members of the Association, subject tothe following provisions to theextent permitted or required bythe Act: No audio or video recording of the meeting may be made, except by the Board or with the Board's prior express consent.

Members who are not directors may not participate in Board deliberations, under any circumstances, and may not participate in Board discussions unless the Board expressly so authorizes at the meeting.

The Board may adjourn any meeting and reconvene in executive session to discuss and vote on personnel matters, litigation in which the Association is or may become involved} and orders of business of a similar or sensitive nature. The nature of business to be considered in executive session will first be announced in open session.

The Board\may prohibit attendance by non-Members, including representatives, proxies, agents, and attorneys of Members.

The Board may prchibit attendance by any Member who disrupts meetings or

ession.

The Board\may prohibit attendance by non-Members, including representatives, proxies, agents, and attorneys of Members.

The Board may prchibit attendance by any Member who disrupts meetings or interferes with the conduct of Board business.

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.

2.6.8. Telephone Meetings OMembers of the Board or any committee of the Association may participate in and hold meétings of the Board or committee by means of conference telephone or similar communications equipment by means of: which all Persons participating In the meeting can hear each other. Participation in such meeting constitutes presence in person at 2024 - 2024016941 05/17/2024 11:37 AM Page 16 of 58 the-meeting, except where a Person participates in the meeting’ for the express purpose of objecting to the transaction of any business on the ground thatthe meeting is not lawfully called or convened.

2.6.9. Action without a Meeting. Any action réquired or permitted to be taken by the Board at a meeting may be taken without a meeting, if all directors individually or collectively consent in writing to such action. The written consent must be filed with the minutes of Board meetings. Action by written consent has the same force and effect as a unanimous vote. This Section does not apply to actions that require meetings under the Act.

2.7. Liabilities and Standard of Care. In performing their duties, the directors are required to exercise certain standards of care and are subject to certain liabilities, including but not limited to the following provisions.of Applicable Law: Section 82.103(a) and (f) of the Act,

re required to exercise certain standards of care and are subject to certain liabilities, including but not limited to the following provisions.of Applicable Law: Section 82.103(a) and (f) of the Act, and Sections 3.102, 3.105, 22.221, 22:223, 22.224, 22.225, 22.226)22.227 and 22.230 of the Texas Business Organizations Code: 2.8. Powers and Duties. The Board has all the powers and duties necessary forthe administration of the Association and for the operation and’ maintenance of the Property> The Board may do all acts afd things except those, which by,Applicable Law or the Docuntents, are reserved to the Members and may not be delegated to the Board. Without prejudice to the general and specific powers and duties set forth in Applicable Law or the Documents, or powers and duties as may hereafter be imposed on the Board by resolution of the Association, the powers and duties of the Board include, but are not limited to, the following: 2.8.1. Appointment of Committees. The Board, by resolution, may from time to time designate standing or ad hoc committees to advise or assist the Board with its responsibilities.

The resolution may establish the purposes and powers of the committee created, provide for the appointment of a chair and committee\Members, and may provide for reports, termination, and othér administrative matters deemed appropriate by the Board. Members of committees will be appointed from among the Owners and residents.

2.8.2. Manager. -The Board may employ a manager or managing agent for the Association, at a compensation established by the Board, to perform duties and.services authorized by the Board.

2.9. Fidelity Bonds. Any Person handling or responsible for Association funds,

for the Association, at a compensation established by the Board, to perform duties and.services authorized by the Board.

2.9. Fidelity Bonds. Any Person handling or responsible for Association funds, including officers, agent, 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 OFFICERS 3.1. Designation. The. principal officers of the Association are the president, the secretary, and the treasurer. The Board may appoint one (1) or more vice presidents and other officers and assistant officersas it deems necessary. Thepresident and secretary must~be directors. Other officers may, but need not, be Members ordirectors. Any two (2) offices*may be held by the same Person, except the offices of president and secretary. If an officer isabsent -52024 - 2024016941 05/17/2024 11:37 AM Page 17 of 58 or unable to act, the Board may appoint a director to perform the duties of that officer and to act in’ place of that officer, on an interim basis.

3.2. Election of-Officers. The officers are elected no less than annually by the directors at the organizational meeting of the Board andsfiold office at the pleasure of the)Board.

Except for resignation or removal, officers hold office until their respective successors have been designated by the Board.

3.3. Removal and Resignation of Officers. A Majority of directors may remove any officer, with or without cause, at any regular meeting of the Board or at any special meeting of the Board called for that purpose. A successor may be elected at any regular or special meeting of the Board called for that purpose. An officer may resign at any time by giving written notice

ting of the Board called for that purpose. A successor may be elected at any regular or special meeting of the Board called for that purpose. An officer may resign at any time by giving written notice to the Board. Unless the notice of resignation states otherwise, it is effective when received by the Board and does not require accéptance by the Board. The resignation or removal of an officer who is also a director does fot constitute resignation or removal from the Board.

3.4. Standard of Care. In performing their duties,the officers are required to exercise the standards of care provided by Section 82.103(a) and (f) of the Act and by Section 3.105 of the Texas Business Organizations Code.

3.5. Description of Principal Offices.

3.5.1. President. As the chief executive officer of the Association, the president: (i) presides at all meetings of the Association and of the Board; (ii) has all the general powers and duties which are usually vested in the office of president of a corporation organized under the Applicable Law; (iii) has general supervision, direction, and control of the business of the Association, subject to the control of the Board; and (iv) sees that all orders and resolutions of the Board are carried into effect.

3.5.2 Secretary. The. segretary: (i) keeps the minutes of all meetings of the Board and of the Association, (ii) has charge of such books, papers, and records as the board may direct; (iii) maintains a record of the names and addresses of the-Members for the mailing of notices; and (iv) in general, performs all duties incident to the office of secretary.

3.5.3 Treasurer. The treasurer: (i) is responsible for Association funds; (ii) keeps full and accurate financial records and books of account showing all receipts and disbursements; (iii)

f secretary.

3.5.3 Treasurer. The treasurer: (i) is responsible for Association funds; (ii) keeps full and accurate financial records and books of account showing all receipts and disbursements; (iii) prepares all required financial data and tax returns; (iv) deposits all monies or other valuable effects in the name of the Association in depositories as may from time to time be designated by the Board; (v) prepares the annual and supplemental budgets of the Association; (vi) 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 (vii) performs all the duties incident to the office-of treasurer.

3.6. Authorized Agents: Except when the Documents require execution of certain instruments by certain individuals, the Board may authorize any Person to execute instruments 2024 - 2024016941 05/17/2024 11:37 AM Page 18 of 58 on™behalf of the Association. Jn’ the absence of Board designation, the president and the secretary are the only Persons authorized to execute instruments.on behalf of the Association.

ARTICLE 4 MEETINGS OF THE ASSGCIATION 4.1. Annual Meeting. An annual meeting of the Association will be held once during each 12 month period on a date and at a time determined by the Board. At each annual meeting the Members will elect directors in accordance with these Bylaws. The Members may also transact such other business of the Association as may properly come before them.

4.2. Special Meetings. It is the duty of the president to call a special meeting of the Association if directed to do so by a Majority of the Board or by a petition signed by the Owners holding\at least a Majority of the votes in the Association. The meeting must be held within

ng of the Association if directed to do so by a Majority of the Board or by a petition signed by the Owners holding\at least a Majority of the votes in the Association. The meeting must be held within thirty (30) days after the Board resolution or receipt of petition.~ The notice of any special meeting must state the time, place; and purpose of the meeting, -No business, except the purpose Stated in the notice of the meeting, may be transacted at a special meeting.

4.3. 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.

4.4. Notice of Meetings. At the direction of the Board, written notice of meetings of the Association will be given to an Owner of each Unit at least ten (10) days but not more than sixty (60) days prior to the meeting. Notice 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.

4.5. Ineligibility. The Board may determine that no Member may vote at meetings of the Association if the Member'ssfinancial account with the AssoCiation is in arrears forty-five (45) days before the date of a meeting of the Association at which Members will vote, provided each ineligible Member is given notice of the arrearage and‘an opportunity to become eligible.

The Board may specifythe manner, place, and time for payment for purposes of réstoring eligibility. A determination of Members entitled to vote at a meeting of the Association is effective for any adjournment of the meeting, provided the date of the adjourned meeting is not

of réstoring eligibility. A determination of Members entitled to vote at a meeting of the Association is effective for any adjournment of the meeting, provided the date of the adjourned meeting is not more than forty-five (45) days after the original meeting.

4.6. Voting Members List. The Board will prepare and make available a list of the Association's voting Members in accordance with Section 22.158(b) of the Texas Business Organizations Code.

4.7. Quorum. At any meeting of the Association, the presence in person or by proxy of Members representing at least twenty-five percent (25%) of the total votes in the Association constitutes a quorum. Members.présent at a meeting at which a.quorum is present may continue tO transact business until adjournment, notwithstanding the withdrawal, during the course of the meeting, of Members constituting a quorum.

2024 - 2024016941 05/17/2024 11:37 AM Page 19 of 58 4.8 Lack of Quorum. Jf-a quorum is not present at any meeting of the Association for which proper notice was given, Members representing at least:a‘Majority of the votes present:at the meeting, although not constituting a quorum, may vote'to recess the meeting for not more than twenty-four (24) hours in order to attain a quorum,provided the place of the meeting remains as stated in thenotice. If the meeting is adjourned without attainment of a\quorum, notice of a new meeting for the same purposes within fifteen (15) to thirty (30) days may be given to an Owner of each Unit.

4.9. Votes. The vote of Members representing at least a Majority of the votes cast at any meeting at which a quorum is present binds all Members for all purposes, except when a higher percentage is required by these Bylaws, the Declaration, or by Applicable Law.

Cumulative voting is prohibited.

ng at which a quorum is present binds all Members for all purposes, except when a higher percentage is required by these Bylaws, the Declaration, or by Applicable Law.

Cumulative voting is prohibited.

4.9.1. Co-Owned Units. Ifa Unit is owned by more than one Member, the vote appurtenant to that Unit is cast Gn accordance with Section 82.110(a) of the Act, which is summarized as follows. If only2one of the multiple Owners of@ Unit is present at a meeting.of, the Association, that Person:may cast the vote allocated to:that Unit. If more than one ofsthe multiple Owners is present; the vote allocated to that Unitcmay be cast only in accordance) with the Owners' unanimous.agreement. Multiple Owners are*in unanimous agreement if one of the multiple Owners casts the vote allocated to a Unit and none of the other Owners makes prompt protest to the Person presiding over the meeting.

4.9.2. Legal Entity-Owned Units. If a Unit is owned by a legal entity, such as a partnership or corporation, the vote appurtenant to that Unit may be cast by any officer of the entity in the absence of the entity's written appointment of a specific Person to exercise its vote.

The vote of a partnership may be cast by any general partner in the absence of the partners’ written appointment of a specific Person. The Person presiding over a meeting or vote may require reasonable evidence that a Person voting on behalf of an entity‘or partnership is qualified tocvote.

4.9.3. Association-Owned Units. Votes allocated toca Unit owned by the Association may be counted towards a quorum and for all ballots and yotes except the election or removal of directors. The vote appurtenant to a Unit owned by the Association is exercised by the Board.

ssociation may be counted towards a quorum and for all ballots and yotes except the election or removal of directors. The vote appurtenant to a Unit owned by the Association is exercised by the Board.

4.10. Proxies. Votes may be cast in person or by written proxy. To be valid, each proxy must: (i) be signed and dated by a Member or his attorney-in-fact; (ii) identify the Unit to which the vote is appurtenant; (iii) name the Person or title (such as "presiding officer") in favor of whom the proxy is granted, such Person having agreed to exercise the proxy; (iv) identify the meeting for which the proxy is given; (v) not purport to be revocable without notice; and (vi) be delivered to the secretary, to the Person presiding over the Association meeting for which the proxy is designated, or to a Person or company designated by the Board. Unless the proxy specifies a shorter or longer time, it terminates eleven (11) months after the date of its execution.

proxy, the granting Member must give actual notice of revocation to the Person presiding over the Association meeting forSwhich the proxy is designated. Unless revoked, any proxy designated for a meeting which is adjourned, recessed, or teschedule is valid when the meeting 2024 - 2024016941 05/17/2024 11:37 AM Page 20 of 58 reconvenes, A proxy may be delivered by fax. However, a proxy received by fax may not be counted to make or break a tie-Vote unless: (a) the proxy has been acknowledged or sworn to by the Member, before and certified by an officer authorized to‘take acknowledgments and oaths} or (b) the Association also receives the original proxy within.five (5) days after the vote.

or sworn to by the Member, before and certified by an officer authorized to‘take acknowledgments and oaths} or (b) the Association also receives the original proxy within.five (5) days after the vote.

4.11. Conduct of Meetings. The president, or any Person designated by the Board, presides over meetings of the Association. The secretary keeps, or causes to be kept, the minutes of the meeting which should record all resolutions adopted and ail transactions occurring at the meeting, as well as a record of any votes taken at the meeting. The Person presiding over the meeting may appoint a parliamentarian. The then current edition of Robert's Rules of Order governs the conduct of meetings of the Association when not in conflict with the Documents.

Votes should be tallied by Members appointed by the Person presiding over the meeting.

4.12. Order of Business. Unless the notice of meeting statessotherwise, or the assembly adopts a different agenda at the meeting, the order of business at(meetings of the Association is as follows: Determine votes présent by roll call or check-in procedure Announcement of quorum Proof of notice of meeting Approval of minutes of preceding meeting Reports of Officers (if any) Unfinished or old business New business 4.13. 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.

4.14. Action without. Meeting. 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 any method allowed by

ction 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 any method allowed by Section 22.160(b)(c) and(d) of the Texas Business Organizations Code, which may include hand delivery, mail, fax, email, or any combination of these. Written consents by Members representing at least a Majority of votes in the Association, or such higher percentage as may be required by the Documents, constitutes approval by written consent. This Section may not be used to avoid the requirement of an annual meeting and does not apply to the election of directors.

4.15. Telephone Meetings. Members of the Association may participate in and hold meetings of the Association by means of conference telephone or similar communications equipment by means of which all Persons participating in the meeting can hear each other.

Participation in the meeting constitutes presence in person at the meeting, except where a Person participates in the meeting for. the express purpose of objectingto the transaction of any business on the ground that the meeting-is not lawfully called or convened.

2024 - 2024016941 05/17/2024 11:37 AM Page 21 of 58 ARTICLE 5 RULES 5.1. Rules. TheWeclaration has adopted initialAssociation Rules governing: (3) the administration of the Association and the Documents; (ii) the maintenance, management, operation, use, conservation, and beautification of the Property; and (iii) the health, comfort, and general welfare of the Occupant; provided, however, that such Association Rules may not be in conflict with Applicable Law or the Documents, The Board will, at all times, maintain the then

omfort, and general welfare of the Occupant; provided, however, that such Association Rules may not be in conflict with Applicable Law or the Documents, The Board will, at all times, maintain the then current and complete Association Rules in a written form which can be copied and distributed to the Members. The Board has the right to amend, from time to time, the Association Rules; provided, however, that until the expiration or termination of the Development Period, all amendments to the Association Rules must be approved in advance and in writing by Declarant and Recorded.

5.2. Adoption and Amendment. Any Association Rule-may be adopted, amended, or terminated by the Board, provided that the Association Rulesand the requisite Board (and Declarant, if applicable) approval are properly recorded as,a/resolution in the minutes of the meeting of the Board.

5.3. Distribution. On request from any Member, the Board will provide a current and complete copy of the Association Rules. Additionally, the Board will, from time to time, distribute copies of the current and complete Association Rules to Owners and, if the Board so chooses, to non-Member Occupants.

ARTICLE 6 ENFORCEMENT 6.1. Remedies. The violation of any provision of the Documents gives the Board the following rights, in addition to any other rights set forth in the Documents.

6.1.1. Fines. The Association, acting by and through. the Board, may levy reasonable charges, as an Individual Assessment, against an Owner andthe Owner’s Unit if the Owner or Occupant, or their family,-guests, employees, agents, or-contractors violate a provision-of the Documents. Fines may~be levied for each act of violation or for each day a violation‘continues

Owner or Occupant, or their family,-guests, employees, agents, or-contractors violate a provision-of the Documents. Fines may~be levied for each act of violation or for each day a violation‘continues and does not constitute a waiver or discharge of the Owner's obligations under the Documents.

6.1.2. Self-Help. After notice and an opportunity to be heard are given, except in case of an emergency, to enter the Unit or Common Element in which, or as to which the violation or breach exits and to summarily abate and remove, at the expense of the defaulting Owner, any structure, thing, or condition (except for additions or alterations of a permanent nature that may exist in that Unit) that is contrary to the intent and meaning of the provisions of the Documents.

The Board may not be deemed liable for any manner of trespass by this action.

6.1.3. Courts. Failure to.comply with the Documents will be grounds for an action to recover damages or for injunctive relief to cause any such violation to be remedied, or both.

Prior to commencing any legal proceeding, the Association,;acting by and through the Board, will give the defaulting party reasonable notice and an opportunity to cure the violation.

-102024 - 2024016941 05/17/2024 11:37 AM Page 22 of 58 6.2. Notice and Hearing. Before imposing a fine oreexercising self-help abatement; the Board must give the Owner’a written violation notice and‘ah opportunity to be heard.

6.2.1. Notice of) Violation. The Board's written violation notice will contain the following: (i) the date the violation notice is prepared or mailed; (ii) a description of the violation; (iii) a reference to the rule or provision of the Documents that is being violated; (iv) a

the following: (i) the date the violation notice is prepared or mailed; (ii) a description of the violation; (iii) a reference to the rule or provision of the Documents that is being violated; (iv) a description of the action required to cure the violation; (v) the amount of the fine to be levied and/or the abatement action to be taken; (vi) the date the fine begins accruing or abatement action becomes possible; and (vi) a statement that not later than the 30" day after the date of the violation notice, the Owner may request a hearing before the Board to contest the fine or the abatement action.

6.2.2. Notice to Resident. din addition to giving the written violation notice to the Owner, the Board may also give @ topy of the notice to the noncOwner Resident, if the Board deems it appropriate.

6.2.3. Request forsHearing. To request a hearing before the Board, an Ownerjmust submit a written request'to the Board within thirty (30) days after the date of the violation‘notice.

Within fifteen (15) days after receiving the Owner's request for a hearing, the Board will give the Owner notice of the date, time, and place of the hearing. The hearing will be scheduled for date within forty-five (45) days from the date the Board receives the Owner's request, and should be scheduled to provide a reasonable opportunity or both the Board and the Owner to attend.

6.2.4. Pending Hearing. Pending the hearing, the Board may continue to exercise the Association's other rights and remedies for the violation, as if the declared violation were valid.

The Owner's request for a hearing suspends only the levy of the fine or the abatement action described in the notice.

6.2.5. Hearing. The hearing will be held in a closed orsexecutive session of the Board:

wner's request for a hearing suspends only the levy of the fine or the abatement action described in the notice.

6.2.5. Hearing. The hearing will be held in a closed orsexecutive session of the Board: At the hearing, the Board will consider the facts and circumstances surrounding the violation.

The Owner may attend the-hearing in Person, or may be represented by another Person or written communication. No audio’or video recording of the hearing may be made.

6.2.6. Minutes of Hearing. The minutes of the hearing must contain a statement of the results of the hearing and the amount of fine, if any, imposed, or abatement action, if any, authorized. A copy of the violation notice and request for hearing should be placed in the minutes of the hearing. If the Owner appears at the hearing, the notice requirement will be deemed satisfied.

6.3. Imposition of Fine. Within thirty (30) days after levying the fine or authorizing the abatement, the Board must give the Owner notice of the levied fine or abatement action. If the fine or action is announced at. the hearing at which the Owner ds<actually present, the notice requirement will be satisfied. Otherwise, the notice must be in writing.

2024 - 2024016941 05/17/2024 11:37 AM Page 23 of 58 6.3.1. Amount. The Board may set fine amounts on a.case by case basis, provided the fine is reasonable in light of the’nature, frequency, and effects.of the violation. The Board may establish a schedule of finesfor certain types of violations. ‘The amount and cumulative totahof a fine must be reasonable in-comparison to the violation. Ifthe Board allows fines to accumulate, it may establish a maximum amount for a particular fine, at which point the total fine will be capped.

a fine must be reasonable in-comparison to the violation. Ifthe Board allows fines to accumulate, it may establish a maximum amount for a particular fine, at which point the total fine will be capped.

6.3.2. Type of Fine. If the violation is ongoing or continuous, the fine may be levied on a periodic basis (such as daily, weekly, or monthly). If the violation is not ongoing but is instead sporadic or periodic, the fines may be levied on a per occurrence basis.

6.3.3. Other Fine-Related. The Association is not entitled to collect a fine from an Owner to whom it has not given notice and an opportunity to be heard, The Association may not charge interest on unpaid fines. TheAssociation may not foreclosecits assessment lien on a debt conSisting solely of fines. TheBoard may adopt a collection policy that applies Owners’ payments to unpaid fine before‘fetiring other types of assessmenits.

6.4. Additional Enforcement Rights. Notwithstanding the notice and -hearing requirement, the Board-may take immediate and appropriate action, without giving the notices required in this Article, against violations of the Documents which, in the Board's opinion, are: (i) self-evident, such as vehicles parked illegally or in violation of posted signs; (ii) threatening to life or property; or (iii) repeat violations of the same provision by the same Owner to whom prior notices and demands have been given for the same violation. Further, the provisions of this Article do not apply to specific remedies provided in the Documents for certain violations, such as nonpayment of assessments.

ARTICLE 7 OBLIGATION OF THE OWNERS 7.1. Notice of Sale. Any Owner intending to sell ofsconvey his Unit or any interest

vided in the Documents for certain violations, such as nonpayment of assessments.

ARTICLE 7 OBLIGATION OF THE OWNERS 7.1. Notice of Sale. Any Owner intending to sell ofsconvey his Unit or any interest therein must give written notice to the Board of his intention; together with: (i) the address/or legal description of the Unit being conveyed; (ii) the-name and address of the intended purchaser; (iii) the name;.address, and phone number ofthe title company or attorney designated to close the transaction; (iv) name and phone numbers of real estate agents, if any, representing seller and purchaser; and (v) scheduled date of closing. An Owner will furnish this information to the Board at least ten (10) business days before the scheduled date of closing or conveyance.

The requirements 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.

7.2. Proof of Ownership. On request by the Association from time to time, any Person who purports to be an Owner or thecagent of an Owner must furnish to the Board evidence of ownership of the Unit. A copy) of the recorded deed is theycustomary evidence. This requirement may be satisfiedsby receipt of a Board-approved form that is completed and acknowledged by a title company or attorney at time of conveyance of the Unit or any interest therein. The Association may refuse to recognize a Person or a Member unless the requested documentation is provided: 2024 - 2024016941 05/17/2024 11:37 AM Page 24 of 58 7.3. Qwners' Information. Within thirty (30) days’ after acquiring an ownership interest in a Unit, the Ownermust provide the Associationwith the Owner's mailing address,

7/2024 11:37 AM Page 24 of 58 7.3. Qwners' Information. Within thirty (30) days’ after acquiring an ownership interest in a Unit, the Ownermust provide the Associationwith the Owner's mailing address, telephone number, and driver's license number, if any; the-’name and telephone number,of any resident other than thesOQwner; and the name, address,’ and telephone number of any) Person managing the Unit as agent of the Unit Owner. An Owner must notify the Association within thirty (30) days after he has notice of a change in any information required by this Section, and must provide the information on request by the Association from time to time.

7.4. Mailing Address. The Owner or the several co-Owners of a Unit must register and maintain one mailing address to be used by the Association for mailing of notices, demands, and all other communications. If an Owner fails to maintain a current mailing address with the Association, the address of the Owner's Unit is deemed to be his mailing address.

7.5. Registration of Mortgagees. Within thirty (30) days after granting a lien against his Unit, the Owner must provide the Association with the nam@and address of the holder of the lien and the loan number. The*Owner must notify the Association within thirty (30) days afterhe has notice of a change in the information required by this‘Section. Also the Owner will provide the information on request by the Association from time.to time.

7.6. Assessments. All Owners are obligated to pay assessments imposed by the Association to meet the Common Expenses as defined in the Declaration. A Member is deemed to be in good standing and entitled to vote at any meeting of the Association if he is current in the assessments made or levied against him and his Unit.

efined in the Declaration. A Member is deemed to be in good standing and entitled to vote at any meeting of the Association if he is current in the assessments made or levied against him and his Unit.

7.7. Compliance with Documents. Each Owner will comply with the provisions and terms of the Documents, and any amendments thereto. Further, each Owner will always endeavor to observe and promoteythe cooperative purposes for which the Regime was established.

ARTICLE 8 ASSOCIATION RECORDS 8.1. | Records. The Association will use its best efforts to keep the records required by Section 8.2114(a) of the Act, including the following: i. Minutes or similar record of the proceedings of meetings of the Association.

Minutes or a similar record of the proceedings of the meetings of the Board.

ili. Names and mailing addresses of the Members; the currency and accuracy of the information being the responsibility of the Members.

iv. Names and mailing addresses of‘the mortgagees, the currency and accuracy of the information being the responsibility of the Members and their mortgagees: 2024 - 2024016941 05/17/2024 11:37 AM Page 25 of 58 v. Financial récords and books of accountefor the Association kept in.a manner consistent with generally accepted accounting principles.

vi. Copies of income tax returns prepared for the Internal Revenue Service.

vii. Copies of the Documents and all amendments to any of these.

viii. A record of all votes or written consents by which amendments to the Documents were approved, for at least four (4) years after the approval.

8.2. Inspection of Books and Records. Books and records of the Association will be made available for inspection and copying pursuant to Section 82.114(b) of the Act and Sections

s after the approval.

8.2. Inspection of Books and Records. Books and records of the Association will be made available for inspection and copying pursuant to Section 82.114(b) of the Act and Sections 3.151¢3153 and 22.351 of the Texas Business Organizations Code.

8.2.1. Proper Purpose. The Board may require a Member to submit a written demand for inspection, stating the purpése for which the Member will-inspect the books and records. The Board has the following rights: (i) to determine whether the: Member's purpose for inspection is proper; (ii) to deny the request if the Board determines that the Member's purpose is not:proper; (iii) if granting the request, to identify which books and records are relevant to the Member's stated purpose for inspection.

8.2.2. Copies. A Member, at Member's expense, may obtain photocopies of books and records for which the Board grants the right of inspection. The Board has the right to retain possession of the original books and records, to make copies requested by the Member, and to charge the Member a reasonable fee for copying.

8.2.3. Member's Agent. A Member's inspection of the books and records may be assisted or performed by the Member's agent, accountant, or attorney, 8.2.4. Records of Attorneys and Accountants. The. files and records of an attorney,or accountant who performs sérvices for the Association are not records of the Association, are-not subject to inspection by Members, and are not subject to.production in a legal proceeding.

8.3. Resale Certificates. Any officer may prepare or cause to be prepared, certify, and execute resale certificates in accordance with Section 82.157 of the Act. The Association may charge a reasonable fee for preparing resale certificates. The Association may refuse to furnish

tify, and execute resale certificates in accordance with Section 82.157 of the Act. The Association may charge a reasonable fee for preparing resale certificates. The Association may refuse to furnish resale certificates until the fee is paid. Any unpaid fees may be assessed against the Unit for which the certificate is furnished.

ARTICLE 9 NOTICES 9.1. Co-Owners. If a Unit is owned by more than one Person, notice to one co-Owner is deemed notice to all co-Ownets.

2024 - 2024016941 05/17/2024 11:37 AM Page 26 of 58 9.2. Delivery of Notices. Any written notice required orpermitted by these Bylaws may be given personally, by mail; by fax, or by another method permitted by the Texas Business Organizations Code. If mailéd;the notice is deemed delivered-when deposited in the U.S. mail addressed to the Member atthe address shown on the Association's records. If transmitted by fax, the notice is deemed delivered on successful transmission of the facsimile.

9.3. Waiver of Notice. Whenever a notice is required to be given to an Owner, Member, or director, a written waiver of the notice, signed by the Person entitled to the notice, whether before or after the time stated in the notice, is equivalent to giving the notice.

Attendance by a Member or director at any meeting of the Association or Board, respectively, constitutes waiver of notice by the Member or director of the time, place, and purpose of the meeting. If all Members or directors are present at any meeting of the Association or Board, respectively, no notice is required and any business may be transacted at the meeting.

ARTICLE 10 DECLARANT PROVISIONS 10.1. Conflict. The provisions of this Article control over any provision to the contrary elsewhere in these Bylaws.

and any business may be transacted at the meeting.

ARTICLE 10 DECLARANT PROVISIONS 10.1. Conflict. The provisions of this Article control over any provision to the contrary elsewhere in these Bylaws.

10.2. Board of Directors. During the Declarant Control Period, the initial directors will be appointed by Declarant and need not be Owners or Occupants. Directors appointed by Declarant may not be removed by the Owners and may be removed by Declarant only. Declarant has the right to fill vacancies in any directorship vacated by a Declarant appointee.

10.3. Transition Meeting. On or before termination of the Declarant Control Period, or sooner at Declarant's option, Declarant will call a meeting of the Members for the purpose of electing directors, by ballot of Members. Notice of the organizational meeting will be given as if it were notice of an annual meeting.

ARTICLE [1 AMENDMENTS TO BYLAWS 11.1. Authority) These Bylaws may be amended by a Majority vote of the Board.

11.2. Proposals. The Association will provide an Owner of each Unit with a detailed description, if not exact wording, of any proposed amendment. The description will be included in the notice of any annual or special meeting of the Association if the proposed amendment is to be considered at the meeting.

11.3. Mortgagee Protection. In addition to the notices and consents required by these Bylaws, certain actions and amendments require notice to or approval by Eligible Mortgagees pursuant to the Mortgagee Protection article of the Declaration. If-applicable, the Association mist give the required notices to and obtain the required approvals from eligible Mortgagees.

2024 - 2024016941 05/17/2024 11:37 AM Page 27 of 58 11.4 Effective. To be ‘effective, each amendment must be in writing and, if these

ces to and obtain the required approvals from eligible Mortgagees.

2024 - 2024016941 05/17/2024 11:37 AM Page 27 of 58 11.4 Effective. To be ‘effective, each amendment must be in writing and, if these Bylaws are publicly recorded, the amendment must recite the recording data for the Bylaws, and be recorded.

11.5. Declarant)Protection. During the Development Period, no amendment of these Bylaws may affect the Declarant's rights herein without the Declarant's written and acknowledged consent. Specifically, this Section and the article titled "Declarant Provisions" may not be amended without the prior written approval of the Declarant. The Declarant's written consent must be part of the amendment instrument.

ARTICLE 12 GENERAL PROVISIONS 12.1. Compensation. Ar-director, officer, Member, or O€cupant may not receive any pecuniary profit from the operation of the Association, and no funds or assets of the Association may be paid as a salary or as‘compensation to, or be distributed to, or inure to the benefit. of-a director, officer, Member, or Occupant. Nevertheless, i. Réasonable compensation may bé paid to a director, officer, Member, or Occupant for services rendered to the Association in other capacities.

il. A director, officer, member, or Occupant may, from time to time, be reimbursed for his actual and reasonable expenses incurred on behalf of the Association in connection with the administration of the affairs of the Association, provided the expense has been approved by the Board.

iii, | The Board may budget and use Association funds to purchase awards, certificates, a celebratoryQmeal, or other customary toKens or demonstrations of appreciation for volunteeractivities.

Iv. This.provision does not apply to distributions to Owners permittéd’or

awards, certificates, a celebratoryQmeal, or other customary toKens or demonstrations of appreciation for volunteeractivities.

Iv. This.provision does not apply to distributions to Owners permittéd’or required by the Declaration or the Act.

12.2. Conflicting Provisions. If any provision of these Bylaws conflicts with any provision of Applicable Law, the conflicting Bylaws provision is null and void, but all other provisions of these Bylaws remain in full force and effect. In the case of any conflict between the Certificate of Formation of the Association and these Bylaws, the Certificate of Formation controls. In the case of any conflict between the Declaration and these Bylaws, the Declaration controls.

12.3. Severability. Whenever possible, each provision of these Bylaws will be interpreted in a manner as to be effective and valid. Invalidation‘of any provision of these Bylaws, by judgment or court ordér, does not affect any other provision which remains in full force and effect.

2024 - 2024016941 05/17/2024 11:37 AM Page 28 of 58 12.4. 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 may not be construed as defining or modifying the text to which they fefer.

The singular is construed.to include the plural, when applicable, and the use of masculine or neuter pronouns includes the feminine.

12.5. 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 determines. In the absence of a resolution by the Board, the fiscal year is the calendar year.

12.6. Waiver. No restriction, condition, obligation, or covenant contained in these

to time as the Board determines. In the absence of a resolution by the Board, the fiscal year is the calendar year.

12.6. Waiver. No restriction, condition, obligation, or covenant contained in these Bylaws may be deemed to have been abrogated or waived by reason of failure to enforce the same, irrespective of the number of violations or breaches thereof which may occur.

12.7. Indemnification. ‘To the fullest extent permitted by Applicable Law, the Association will indemnify any‘Person who was or is a party, orzis threatened to be made a party, to any threatened, pendingsor completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative, by reason of the fact that such Person is or was a director, officer, committee memiber, employee, servant, or agent of the Association against-expenses (including attorney's fees, judgments, fines, and amounts paid in settlement) actually and reasonably incurred by such Person in connection with such action, suit or proceeding if it is found and determined by the Board or a court that such Person: (i) acted in good faith and in a manner which such Person reasonably believed to be in, or not opposed to, the best interests of the Association; or (ii) with respect to any criminal action or proceeding, had no reasonable cause to believe such conduct was unlawful. The termination of any action, suit, or proceeding by settlement, or upon a plea of Nolo Contendere or its equivalent, will not of itself create a presumption that the person did not act in good faith or in a manner reasonably believed to be in, or not opposed to, the best interests of the Association, or, with respect to any criminal action or proceeding, had reasonable causeto-believe that such conduct was unlawful.

nably believed to be in, or not opposed to, the best interests of the Association, or, with respect to any criminal action or proceeding, had reasonable causeto-believe that such conduct was unlawful.

Adopted by the Board of Directors as of April 4, 2024.

2024 - 2024016941 05/17/2024 11:37 AM Page 29 of 58 ATTACHMENT 3 INITIAL RULES & REGULATIONS These Initial Rules.& Regulations are established. by EVOLUTION CORPUS CHRISTI, LLC, a Texas limited liability company, for the benefit of Firefly Corpus Christi RV and Tiny Home Condominium Community, Inc., a Texas non-profit corporation (the "Association").

These Community Rules are the "Rules" defined in Article 1 of the Declaration of Condominium Regime for Firefly Corpus Christi RV and Tiny Home Condominium, recorded under Clerk File No. 2024016266 in the Official Public Records of Nueces County, Texas, and any amendments thereto (the "Declaration").

These Rules are in addition to the provisions of the Declaration and Bylaws. By owning or occupying a Unit, each Owner and Occupant agrees to abide by these Rules and to comply with the obligations of Owners and Occupants under the Declaration and’Bylaws of the Association.

Words and phrases defined in the Declaration have the-same meaning when used in.these Rules. In the event of a conflict between Documents, the hierarchy of authority is as follows: Declaration (highest), Bylaws, and these Rules (lowest))*The Association's board of directors is empowered to interpret, enforce, amend, and repeal these Rules.

A. COMPLIANCE A-1. Compliance. Each Owner will comply with the provisions of these Rules, the other Documents, signs posted on the Property, and policies adopted by the Board to supplement

hese Rules.

A. COMPLIANCE A-1. Compliance. Each Owner will comply with the provisions of these Rules, the other Documents, signs posted on the Property, and policies adopted by the Board to supplement these Rules, as any of these may be revised from time to time. Each Owner, additionally, is responsible for compliance with the Documents by the Occupants of his Unit, and his or their respective relatives, invitees, tenants, agents, employéés or contractors. If a Rule requires or prohibits conductby an "Owner" or "Occupant,"-each of those terms are deemed to include the other and applies to all persons for:whom an Owner or Occupant? is responsible. Again, the Owner is ultimately responsible for compliance by all persons using or related to his Unit. An Owner should contact the Association if he has a-question about these Rules»’The Association has the rightto enforce these Rules against‘any person on the Property.

A-2. Additional Rules. Each Occupant must comply with any rules and signs posted from time to time on the Property by the Association. Posted rules are incorporated in these Rules by reference. Each Occupant must comply with notices communicated by the Association, from time to time, in the nature of seasonal or temporary rules, or notice of a change affecting use of the Property. Temporary rules are incorporated in these Rules by reference.

A-3, QO Waiver. Circumstances may “warrant waiver or variancecof these Rules. To obtain_a waiver, an Owner must make written application to the Board. The Board's approval of a variance must be in writing, and may be conditioned.

A-4.

A-5.

B-1.

B-3.

2024 - 2024016941 05/17/2024 11:37 AM Page 30 of 58 Limits. These Rules represent standards of conduct and maintenance in a high density

must be in writing, and may be conditioned.

A-4.

A-5.

B-1.

B-3.

2024 - 2024016941 05/17/2024 11:37 AM Page 30 of 58 Limits. These Rules represent standards of conduct and maintenance in a high density community. It is understood that individuals may have different interpretations of and tolerances for these Rules. On lifestyle-related rules,such as the "Community Etiquette" rules below, the Association may refrain from acting on a perceived violation unléss the Board determines<the violation to be significant’ or a community-wide problem. The Association may not be compelled by one Occupant to enforce these Rules against another Occupant. Occupants are expected to deal directly and peaceably with each other about their differences.

Filing Complaints. Because the Association is not staffed to monitor the Property for Rules violations at all times, the Association relies on Occupants to identify and report violations of these Rules and the Documents, and monitor compliance with these Rules by violators.

The Association also relies on Occupants to help keep each other informed about the Rules.

Recognizing that an Occupant ‘may be reluctant to confront’another Occupant about a violation, the Association Will work with Occupants to enforce the Rules. Generally{a complaint must be in writing and must be signed by an Occupant or Owner who is willing to be identified as thecomplainant. The Associationanay refuse to enforce a violation (1) that cannot be easil~oand independently verified, (2) for which it did not receive signed written complaint) (3) for which the complainant will not cooperate with monitoring the violation and compliance, and (4) which the Board does not consider to be significant or community-wide.

B. OBLIGATIONS OF OWNERS AND RESIDENTS

h the complainant will not cooperate with monitoring the violation and compliance, and (4) which the Board does not consider to be significant or community-wide.

B. OBLIGATIONS OF OWNERS AND RESIDENTS Damage. An Owner is responsible for any loss or damage he causes to his Unit, other Units, the personal property of other Occupants or their guests, or to the Common Elements.

Association Does Not Insure. A person assumes full risk.and sole responsibility for placing his/her personal property-in or on the Property. EachOccupant is solely responsiblefor insuring his/her personal property in the Unit and-on the Property, including<his/her furnishings and velicles. THE ASSOCIATION REQUIRES THAT ALL OWNERS AND RESIDENTS PURCHASE AND MAINTAIN*CASUALTY LOSS INSURANCE ON THEIR RECREATIONAL VEHICLE / TINY HOME INCLUDING PERSONAL LIABILITY IN AN AMOUNT NOT LESS THAN $1,000,000.00 WITH THE “FULL TIMER” ENDORSEMENT.

Risk Management. An Owner may not permit anything to be done or kept in his Unit or the Common Elements that is illegal or that may result in the cancellation of insurance on the Property.

Reimbursement for Enforcement. An Owner must promptly reimburse the Association for any expense incurred by the Association to enforce the Documents against the Owner, his Unit, or persons for whom the Owner is responsible, -2B-6.

B-7.

Cel.

C-2.

D-2.

D-3.

2024 - 2024016941 05/17/2024 11:37 AM Page 31 of 58 Reimbursement for Damage® An Owner must promptly reimburse the Association for the cost of damage to the Property caused by the negligent or willful conduct of the Owneror persons for whom the.Qwner is responsible.

No Estate Sales. Without the Board's prior written permission, no person may-conduct at

he Property caused by the negligent or willful conduct of the Owneror persons for whom the.Qwner is responsible.

No Estate Sales. Without the Board's prior written permission, no person may-conduct at the Property a sale or activity that is advertised or attractive to the public, such as garage sales, car sales, or estate sales. This section does not apply to marketing the sale or rental of a Unit unless combined with a prohibited activity.

Supervision of Minors. For their own well-being and protection, persons who are legally incompetent or younger than 18 years must be under the general contro] and supervision of their parents or guardians at all times while on the Property.

C. OCCUPANCY STANDARDS Numbers. The maximunrnumber of persons who may-occupy a Dwelling Unit is one more than the number of bedrooms in the Unit. Two persons*per bedroom, however, mayoccupy a Unit if the occupants qualify for familial status protection under the Fair Housing Act.

Units shall be used for placement of Recreational Vehicles and use of Tiny.Homes for temporary occupancy only unless otherwise designated as a permanent occupancy Unit or Commercial Unit. Continuous occupancy by an individual or family in a Unit used for placement of Recreational Vehicles and use of Timy Homes is limited to no more than 120 consecutive days or 120 days within a 145 day period.

Leases. Each lease must be in writing. Leases shall be administered exclusively by the Managing Agent. A Unit may not be leased for hotel or transient purposes. Boat Slip Units may only be leased to a Unit owner. The general publicyis prohibited from leasing a Boat Slip Unit. Less than the-entire Unit may not be leased.-Any violation of the minimum

purposes. Boat Slip Units may only be leased to a Unit owner. The general publicyis prohibited from leasing a Boat Slip Unit. Less than the-entire Unit may not be leased.-Any violation of the minimum lease term set forth in the.Declaration will result in a $25 daily fine against the Owner: Danger. As permitted‘by the federal Fair Housing Act Rules, no Unit may be occupied by a person who constitutes a direct threat to the health or safety of other persons;cor whose occupancy would'tesult in substantial physical damage to the property of others.

D. FIRE AND SAFETY Safety. Each Occupant is solely responsible for his own safety and for the safety, wellbeing, and supervision of his guests and any person on the Property to whom the Occupant has a duty of care, control, or custody.

Fires. Except for barbecue fires and outdoor fire pits as permitted by these Rules and the Declaration, there may not,bé any exterior fires on the Property.

Barbecue. Occupants,may keep and use barbeque grills that comply with all applicable regulatory requirements, subject to the limitations-contained in this Section. The Board reserves the rightto prohibit or restrict the existence and/or use of all or certain outdoor -3D-4, D-5.

D-6.

2024 - 2024016941 05/17/2024 11:37 AM Page 32 of 58 cooking grills if, in the Board'sdiscretion, a grill constitutes-afire hazard or is unattractive or oversized for the area in-which it is kept. On permitted grills, (a) open fires must.be supervised at all times; (b) gas tanks must be properly used and maintained; (c) no flames may be higher than the-cooking surface; and (d) a grill may not be used near combustible materials.

Intrusion Monitoring. Although the Unit may be wired for intrusion monitoring service,

(c) no flames may be higher than the-cooking surface; and (d) a grill may not be used near combustible materials.

Intrusion Monitoring. Although the Unit may be wired for intrusion monitoring service, the Association is not the service provider to the Unit, and has no responsibility or liability for the availability for quality of the service, or for the maintenance, repair, or replacement of the wires, conduits, equipment, or other fittings relating to the contract service. As stated in the Declaration, the Association may serve as a conduit for the service fees and payments from the Owner to the provider.

Safety Equipment. No person, may use, tamper with, or<modify the fire and safety equipment, if any, in the Common Elements of the Property, such a alarms, extinguishers, monitors, and self-closing-gates or doors. This Section may not be construed to require the installation or use of su¢h equipment.

Security. The Association may, but is not obligated to, maintain or support certain activities within the Property designed to make the Property less attractive to intruders than it otherwise might be. The Association, its directors, committees, Members, agents, and employees will not in any way be considered an insurer or guarantor of security within the Property, and may not be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. Each Owner, Occupant, guest, and invitee on the Property assumes all risk for loss or damage to his person, to his Unit, to the contents of his Unit, and to any other of his property. The Association expressly disclaims and disavows any and all representations or warranties,

or loss or damage to his person, to his Unit, to the contents of his Unit, and to any other of his property. The Association expressly disclaims and disavows any and all representations or warranties, express or implied, including any warranty of merchantability or fitness for any particular purpose, relative to any security systems, equipment, or measures recommended, installed, or undertaken within the.Property.

E. GENERAL USE AND MAINTENANCE OF UNIT Use. Dwelling Units designated for placement of Recreational Vehicles and Tiny Homes must be used solely for recreational use. Dwelling Units designated for placement of Recreational Vehicles and Tiny Homes may not be used for permanent residential purposes or for commercial or business purposes, except as permitted in the Declaration. This restriction does not prohibit an Occupant from using a Dwelling Unit designated for placement of Recreational Vehicles and Tiny Homes for personal, business, or professional pursuits, provided that: (a) the non-recreational use is incidental to the Unit's recreational use; (b) the use conforms to the applicable laws and ordinances; (c) there is no external evidence of the non-recreational use; (d) the non-recreational use does not entail visits to the Unit by the pubic, employees, suppliers, or clients;and (e) the non-recreational use does not interfere with the use and enjoyment of neighboring Units.

-4E-2.

E-3.

E-4.

E-5.

E-7.

E-8.

E-9.

E-10.

2024 - 2024016941 05/17/2024 11:37 AM Page 33 of 58 Boat Slip Units and the boat ramp may only be used by Unit Owners and Permittees. The general public is not permitted to use or lease Boat Slip Units and the boat ramp.

Annoyance. An Occupant may not use his/her Unit in-a way that: (a) annoys Occupants of

nit Owners and Permittees. The general public is not permitted to use or lease Boat Slip Units and the boat ramp.

Annoyance. An Occupant may not use his/her Unit in-a way that: (a) annoys Occupants of neighboring Units;.(b) reduces the desirability of the Property as a recreational community; (c) endangers the health or safety of other OcCupants; or (d) violates any law or any provision of the Documents.

Maintenance. An Owner, at his expense, will maintain his Unit and keep it in good repair.

Porch, Balcony & Deck Maintenance. An Occupant will maintain the porch, balcony, and deck portions of his Unit (if any) in a clean manner. An Occupant will take care that the cleaning of his porch, balcony, and deck does not annoy or inconvenience other Occupants.

A*porch, balcony, or deck maynot be enclosed or used for storage purposes. If the Board determines that a porch, balcony, or deck is unsightly, the Board may give the Owner notice of the problem and a reasonable time period in which .to,;correct it, after which the Board may take corrective action at the Owner's expense.

Glass. Each Owner, at his expense, must promptly repair and replace any broken or cracked glass in his Unit's windows and doors, regardless of the source of the damage.

Replacement glass must conform to the standard for the Property.

Utility Equipment. Each Owner, at his expense, will maintain, repair, and replace the water, heating and air heating and cooling equipment/system serving his Unit.

Combustibles. An Occupant may not store or maintain, anywhere on the Property — including within a Unit — explosives or materials capable of spontaneous combustion.

Report Malfunctions. An. Occupant will immediately report to the Board his/her discovery

anywhere on the Property — including within a Unit — explosives or materials capable of spontaneous combustion.

Report Malfunctions. An. Occupant will immediately report to the Board his/her discovery of any leak, break, or malfunction in any portion of the:Property which the Association Has a duty to maintain. An‘Occupant who fails to promptly report a problem may be deemed negligent, in whichcase the Owner may be liable for any additional damage caused by the delay.

Emergencies. In case of continuous water overflow, an Occupant should immediately turn off water and TURN OFF THE SHUT-OFF VALVES BEHIND THE TOILET OR UNDER THE SINK.

Cable. An Occupant who subscribes directly to cable service is solely responsible for maintaining that subscription and the appurtenant equipment. No additional exterior cable lines may be connected to the Unit except in the cable.conduit maintained by the Association. No holes or protrusions may be made in any,exterior surface of the Property: Wires may not be drapedhung, or strung on the buildingor grounds. The Owner of the Unit to which cable service is provided is responsible tothe Association for any damage to the Property caused bythe cable installer or servicer: 5E-11.

F-1, F-2, G-1.

G-2.

G3.

G5, 2024 - 2024016941 05/17/2024 11:37 AM Page 34 of 58 Utilities. An Occupant willtry to conserve the use of utilities furnished through the Association, including water consumption within his Unit.

F. GENERAL USE AND MAINTENANCE OF COMMON ELEMENTS Grounds. Unless the Board designates otherwise, Occupants may not use or abuse the landscaped areas, lawns, beds, and plant materials on the Common Elements.

Abandoned Items. No item or object of any type may be stored, placed, or maintained

rwise, Occupants may not use or abuse the landscaped areas, lawns, beds, and plant materials on the Common Elements.

Abandoned Items. No item or object of any type may be stored, placed, or maintained anywhere on the General Common Elements, except by the Board or with the Board's prior written consent. Items of personal property found on the General Common Elements are deemed abandoned and may be-disposed of by the Board.

G. COMMUNITY ETIQUETTE Courtesy. Each Occupant will endeavor to use his/her Unit and the Common Elements in a manner calculated to respect the rights and privileges of other Occupants. The Association, its employees and agents have a zero-tolerance policy for threatening behavior, use of profanity, bullying, and harassment toward any person to include the Association Board, its employees, and agents. All Occupants who are in violation of this policy may be subject to fines, or restricted use of Common Elements.

Annoyance. An Occupant will avoid doing or permitting anything to be done that will annoy, harass, embarrass, or inconvenience other Occupants or their guests, or the Association's employees and_agents.

Noise and Odors. Each°Occupant must exercise reasonable care to avoid making?or permitting to be madeJoud, disturbing, or objectionable noises or noxious odors ¢hat are likely to disturb Occupants of other Unis, to include but not limited to loud vocalizations and boisterous conduct on Common Elements.

Parties. In planning private social functions at the Property, an Occupant should be aware of the potential consequences on the Property's parking resources and on the sensibilities of other Occupants. An Occupant intending to use his Unit for a party or other activity that

should be aware of the potential consequences on the Property's parking resources and on the sensibilities of other Occupants. An Occupant intending to use his Unit for a party or other activity that may be expected to produce a higher-than-customary level or duration of noise or other disturbance will make a diligent effort to give Occupants of adjoining Units timely prior notice of the event, as a courtesy. If the event is expected to attract 20 or more guests to the Property, the Occupant willalso give the Board timely prior written notice of the event.

Reception Interference. Each Occupant will avoid doing:or permitting anything to be done that may unreasonably>interfere with the television; radio, telephonic, or electronic reception on the Property.

-6H-2.

H-3: H-4.

H-5.

2024 - 2024016941 05/17/2024 11:37 AM Page 35 of 58 H. ARCHITECTURAL CONTROL; WORK UPON UNITS AND COMMON ELEMENTS Exteriors. Without the written approval of the Architectural Reviewer, an Owner or Occupant may NOT change, remodel, decorate,.déstroy, or improve any exterior surface or component of the Property, nor do anything to change the outside appearance of the Property, including without limitation the front porch, and driveway appurtenant to the Unit.

Protrusions. An Owner or Occupant may not cause anything to protrude or project through the boundaries of the Unit, such as the foundation, roof, party wall between units, or an exterior wall of a Unit. Examples of installations that may entail protruding wires or conduits include, without limitation, exterior horns, lights, speakers, or aerials.

Balconies, Decks, & Porches. Because balconies, decks; and porches are distinctive architectural features ofthe Property, an Owner or-Occupant may not change -the

horns, lights, speakers, or aerials.

Balconies, Decks, & Porches. Because balconies, decks; and porches are distinctive architectural features ofthe Property, an Owner or-Occupant may not change -the appearance or condition-of the balcony, deck, or poreh-portion of his Unit in any manner, without the prior authorization of the Architectural Reviewer. Prohibited activitiesinclude the following: a. Painting or staining any part of the balcony, deck, or porch.

b. Installing a cover of any kind over the open slat top of the balcony.

c. Enclosing or covering of the balcony, deck, or porch in any manner.

d, Hanging items from the, trellis, arbor, walls, roof, or railing, or failing to remove hanging items that the2Architectural Reviewer has determined to be unattractive, such as wind chimes; windsocks, bird feeders, rope-lights, and hanging baskets.

Gi. Maintaining anything on the balcony, deck, or porch that the Architectural Reviewer determines to be unattractive,such as umbrellas, items of~storage, bicycles, and oversize or inappropriate furniture.

f. Barbeque grills may not be kept — even temporarily — on balconies or porches.

Hot Tubs and plumbed fixtures. A hot tub, spa, jacuzzi, sprinkler system, or fountain may not be installed in a Unit, or any Common Element. This prohibition does not apply to replacements of customary kitchen and bathroom appliances and fixtures, or the installation of outdoor kitchens approved by the Architectural Reviewer.

Satellite Dishes. An Occupant-who desires satellite televisionservice must strictly comply, with the applicable requirements set forth in the Declaration. No holes or protrusions may be made in any exterior‘surface of the Property. Wiresumay not be draped, hung, or strung

st strictly comply, with the applicable requirements set forth in the Declaration. No holes or protrusions may be made in any exterior‘surface of the Property. Wiresumay not be draped, hung, or strung on the building or the’grounds. The Owner of the’ Unit to which satellite services is provided is responsible to the Architectural Reviewer for any damage to thesProperty caused by the satellite dish installer or servicer. Contract the Association before shopping -7H-6.

H-8.

2024 - 2024016941 05/17/2024 11:37 AM Page 36 of 58 for an exterior satellite dish or-antenna to determine if suchyequipment is permitted for a particular Unit and, if so, ‘where it may be located. Owners should get Architectural Reviewer's written authorization before any installation; In the event that the-Association elects to permit Owners and Occupants to installsatellite dishes upon the building roofs, installation shall be conducted at the Owner's or Occupant's sole cost and expense by an installer or servicer approved by the Architectural Reviewer.

Work Upon Common Elements and Units. Notwithstanding any provision in the Declaration or these Rules to the contrary, no Owner or Occupant shall perform or permit to be performed any work to any portion of: (i) the Owner's Unit, which work may require access to, over or through the Common Elements or other Units, or (ii) the Common Elements, without the prior consent of the Board of Directors except in case of an emergency. All such work may, only be performed by a person who shall deliver to the Board of Directors prior to commencement of such work, inform satisfactory to the Board of Directors: a. releases of the*Board of Directors and theAssociation for all claims that such Person may@ssert in connection with suchwork;

ommencement of such work, inform satisfactory to the Board of Directors: a. releases of the*Board of Directors and theAssociation for all claims that such Person may@ssert in connection with suchwork; b. indemnities of the Board of Directors and the Association, holding each and all of them harmless from and against any claims asserted for loss or damage to persons or property, including, but not limited to, Common Elements or other Units; c. certificates of insurance, including liability and workmen's compensation coverage; in amounts and with companies reasonably acceptable to the Board of Director; and d: all other information and\protections which the Board-of Directors may reasonably require.

Window Treatments. An Owner MAY install window.treatments inside his Unit, provided: a. The window treatment, including drapes}yblinds, shades, or shutters, must appear to be (1) clear, (2) white, (3) near white light neutral, or (4) light wood tone when viewed from the outside of the Unit.

b. The use of bed sheets, tablecloths, or other obviously non-drapery fabrics is expressly prohibited, even on a temporary basis.

c. Aluminum foil, reflective window treatments, window tinting, and window decals or stickers are expressly, prohibited.

d. Window treatments.must be maintained in good condition, and must be removed or replaced if they become stained, torn, damaged, or otherwise unsightly in‘the opinion of theSBoard.

Prohibited Acts. ‘In addition to the foregoing, a\person may not: -8H-9.

I-1.

I-23 2024 - 2024016941 05/17/2024 11:37 AM Page 37 of 58 a. Post signs, notices;or advertisements on the Commion Elements or in a Unit if the sign is visible from outside the Unit.

b. Place or hang an object in, on, from, orsabove any window, interior windowsill,

t signs, notices;or advertisements on the Commion Elements or in a Unit if the sign is visible from outside the Unit.

b. Place or hang an object in, on, from, orsabove any window, interior windowsill, deck, fence, balcony or patio that, in the sole opinion of the Board detracts from the appearance of the Property. Prohibited objects include planters and planter boxes, flowerpots, window boxes, bird feeders, windsocks, mobiles, wind chimes and other outside accessories.

c. Hang, shake, or otherwise display linens, clothing, towels, rugs, shoes, mops, bedding, or other similar items from windows, doors, balconies, patios, fences, or passageways.

d. Have bicycles or similar sporting equipment on balconies or patios.

e. Place decorations on exterior walls, doors, and:fences, or on the General Common Elements.

f. Enclose or cover a balcony, porch, or deck.

g. Install storm or screen doors and windows, including solar screens.

Approval. To obtain the Architectural Reviewer's written consent for an alteration or modification, an Owner must comply with the architectural control requirements of the Declaration. An Applicant may not rely on verbal assurances of an Association manager, director, or officer. If approval is obtained, the Owner must maintain the approved item in a good and attractive condition. For example, if the Architectural Reviewer approves a potted plant, the pot must.be‘removed if the plant dies or becomes unsightly.

I. VEHIGLE RESTRICTIONS AND TRAFFIC RULES Permitted Vehicles. To be permitted on the Property, a vehicle must be operable, and must display a current license tag and inspection sticker. For purposes of these Rules, vehicles include automobiles, motorcycles, motorized bikes, passenger trucks, small vans, golf

be operable, and must display a current license tag and inspection sticker. For purposes of these Rules, vehicles include automobiles, motorcycles, motorized bikes, passenger trucks, small vans, golf carts, low speed vehicles (“LSV”), and similar passenger vehicles. The following are not permitted on the Property without the Board's consent: buses, large commercial trucks, industrial vehicles. Motorcycles, motorbikes, or other motorized vehicles may not be operated on the Property except to provide transportation to and from a Unit. The use of All-terrain vehicles (ATVs) within the Property is prohibited. The storage of ATVs on a Unit is permitted.

Repairs. Washing, repairs.restoration, or maintenance (including oil changes) of vehicles is prohibited on driveways and parking areas, except-for emergency repairs, and thenonly to the extent necessary to enable movement of the vehicle to a repair facility.

-91-4.

1-5.

2024 - 2024016941 05/17/2024 11:37 AM Page 38 of 58 Proper Placement. No vehicle; including motorcycles, may) be driven, parked, or placed anywhere on the Propertysexcept in designated areas. Motorcycles may not be chainedto buildings, fences, or any other part of the Property, unless designated for that purpose: Nuisances. Each Vehicle must be muffled andSmust be maintained and operated to minimize noise, odor, and oil emissions. The use of car horns on the Property is discouraged. No vehicle may be kept on the Property if the Board deems it to be unsightly, inoperable, in appropriate, or otherwise violative of these Rules.

Obstructions. No vehicle may be parked in a manner that impedes or prevents ready access to the Property, driveways, or parking spaces. No vehicle may obstruct the flow of traffic,

ive of these Rules.

Obstructions. No vehicle may be parked in a manner that impedes or prevents ready access to the Property, driveways, or parking spaces. No vehicle may obstruct the flow of traffic, constitute a nuisance, or otherwise create a safety hazard. No vehicle may be parked, even temporarily, in spaces reserved for others, in fire lanes, or in any area designated as "No Parking." Vehicles parked in violation of the Documents (including this provision) will be towed at the Owner's expense: General Traffic Rules: a. All drivers must obey traffic signs and speed limits on the Property.

b. All vehicles must come to a complete stop at all stop signs.

c. All vehicles operated on the roads within the Property must meet, and be operated in compliance with, the Motor Vehicle Laws of the State of Texas applicable to the operation of motor vehicles on public roads.

d. Any vehicle operated after sunset and before daybreak,must be equipped with and operated with proper lights and reflectors. Proper lights are considered those which were installed by the-original manufacturer. Light bars are prohibited.

e. Reckless driving, driving without a valid driver’s license, and driving under the influence of-alcohol or drugs are prohibited>In addition to potential charges under state laws>violators of these offenses are‘subject to assessments in accordance with the Fine Schedule.

Pedestrian Rules. Pedestrians and joggers shall walk or run facing traffic and have the right-of-way over all vehicles.

Bicycle/Scooters/Golf Carts/LSVs/Motorcycles.

a. Ride single file with the-traffic. Wear a helmet while-operating a bicycle or scooter.

b. Make a complete stop at stop signs.

c. Obey applicable traffic rules.

-101-9.

J-1.

J.2.

J.3.

K-1.

cycles.

a. Ride single file with the-traffic. Wear a helmet while-operating a bicycle or scooter.

b. Make a complete stop at stop signs.

c. Obey applicable traffic rules.

-101-9.

J-1.

J.2.

J.3.

K-1.

2024 - 2024016941 05/17/2024 11:37 AM Page 39 of 58 d. Adults are responsible,for supervising their childrencat all times.

g, Golf carts and LSVs must be driven on paved:toads only. When not in use, golf carts and LSVsmust be parked on a concretepad or in designated parking areas.

f. A person operating a golf cart must havea current, valid driver’s licensé and be at least 18 years of age, and the golf cart must be insured. Golf carts must not be driven at night unless operated with proper lights. “Proper lights” are considered those which were installed by the original manufacturer. Light bars are prohibited.

Violations. A vehicle in violation of these Rules may be stickered, wheel-locked, towed, or otherwise removed from the Property by the Board, at the expense of the vehicles' Owner. Violators are also subject to assessments in accordance with the Fine Policy. The Association expressly disclaiins any liability for damagesto vehicles on which the Association exercises thesecremedies for Rules violations.

J. TRASH DISPOSAL General Duty. Occupant will endeavor to keep.the Property clean and will dispose of all refuse in receptacles designated specifically by the Association or by the applicable municipality for that purpose. Occupants may NOT litter Common Elements.

Hazards. Occupants may NOT store trash inside or outside his Unit in a manner that may permit the spread of fire, odors, or seepage, or encouragement of vermin. Before discarding coals, ashes, logs, or other materials used in barbeque grills or fireplaces, Occupant will

manner that may permit the spread of fire, odors, or seepage, or encouragement of vermin. Before discarding coals, ashes, logs, or other materials used in barbeque grills or fireplaces, Occupant will ensure that the debris is thoroughly cold.

Excess Trash. Occupants will place trash entirely within the designated receptacle, and may not place trash outside; next to, or on top of the receptacle. If a receptacle is full Occupants should locate ‘another receptacle to hold his’ trash. Boxes and large objects closed at all timesewhen not in use. Occupantssmust arrange privately for removal of discarded furnishings or any unusually large volume of debris.

K. PETS Permitted Pets. An Occupant may not keep or permit on the Property a pet or animal of any kind, except as permitted by these Rules and the Documents. Subject to these Rules, an Occupant may keep in his Unit customary domesticated house pets, such as domesticated dogs, cats, caged birds, and aquarium fish, provided there are not more than two cats or two dogs, or one cat-and one dog. All dogs and casts\must be spayed or neutered.

All pets must be vaccinated against rabies.

Prohibited Animals. No)Occupant may keep a dangerous or exotic animal, pit bull. terrier trained attack dog, orany other animal deemed by the Board to be a potential threatto the well-being of people or other animals. In the event-that any regulatory authority (fe. animal -11K-3.

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2024 - 2024016941 05/17/2024 11:37 AM Page 40 of 58 control) determines that an animal within the Property is dangerous or hazardous, then the owner of such animal shall be required to immediately remove the animal from “the

2024 11:37 AM Page 40 of 58 control) determines that an animal within the Property is dangerous or hazardous, then the owner of such animal shall be required to immediately remove the animal from “the Property. No animal .orshouse pet may be kept, bred;Sor maintained for any commercial purpose or for food.

Indoors/Outdoors: A permitted pet must be maintained inside the Unit, and may not be kept on a porch, balcony, or deck. No pet is allowed on General Common Elements unless carried or leashed. No pet may be leashed to a stationary object on the Common Elements.

Disturbance. Pets must be kept in a manner that does not disturb another Occupant's rest or peaceful enjoyment of his Unit or the Common Elements. No pet may be permitted to bark, howl, whine, screech, or make other loud noises for extended or repeated periods of time.

Damage. Each Occupant is responsible for any property damage, injury, or disturbance his pet may cause or inflicteAn Occupant who keeps a-pet on the Property is deemed>to indemnify and agreesto’ hold harmless the Board, the-Association, and other Owners and Occupants, from any loss, claim, or liability of any kind or character whatever tesulting from any action of ‘his pet or arising by reason.of keeping or maintaining the‘pet on the Property.

Pooper Scooper. Each Occupant is responsible for the removal of his pet's wastes from the Common Elements. The Board may levy a fine against a Unit and its Owner each time feces are discovered on the Common Elements and attributed to an animal in the custody of that Unit's Occupant.

Removal. If an Occupant or his pet violates these Rules, or if a pet creates a noise, odor, or other disturbance or nuisance, the Occupant or person having control of the animal may.

Unit's Occupant.

Removal. If an Occupant or his pet violates these Rules, or if a pet creates a noise, odor, or other disturbance or nuisance, the Occupant or person having control of the animal may.

be given a written notice ‘by the Board to correct the problem. If the problem isnot corrected within the time specified in the notice (not less than 10 days), the Occupant, upon written notice from the Board, may be required to*remove the animal. Each Occupant agrees to permanently remove his violating animalfrom the Property within 10.days after receipt of a removal notice from the Board.

L. MISCELLANEOUS Right to Hearing. An Owner may request in writing a hearing by the Board regarding an alleged breach of these Rules by the Owner or any person for whom the Owner is responsible. The Board will schedule a hearing within 30 dayS,after receiving the Owner's written request. At the hearing, the Board will considen the facts and circumstances surrounding the alleged violation. The Owner may attend the hearing in person, or maybe represented by another person, or written communication.

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2024 - 2024016941 05/17/2024 11:37 AM Page 41 of 58 Mailing Address. An Owner*must maintain with the Association his current mailing address. Notifications of ‘change of name or change of address should be clearly marked as such. All notices required to be sent to Owners bythe Document may be sent to an Owner's most recent address as shown on the records-of the Association. If an owner fails to provide a forwarding address, the address of that Owner's Unit is deemed effective for purposes of delivery.

Revision. These Rules are subject to being revised, replaced, or supplemented, and Owners

o provide a forwarding address, the address of that Owner's Unit is deemed effective for purposes of delivery.

Revision. These Rules are subject to being revised, replaced, or supplemented, and Owners and Occupants are urged to contact the Association to verify the Rules currently in effect on any matter of interest. These Rules will remain effective until 10 days after an Owner of each Unit has been given a notice of the amendment or revocation of these Rules.

Other Rights. These Rules are in addition to and in no way whatsoever detract from the rights of the Association under'the other Documents and the Jaws of the State of Texas.

“13= 2024 - 2024016941 05/17/2024 11:37 AM Page 42 of 58 ATTACHMENT 4 ASSESSMENT COLLECTION. POLICY Firefly Corpus Christi RV.and Tiny Home is a condominium regime created by and subject to the Declaration of Condominium Regime for Firefly Corpus Christi RV and Tiny Home Condominium, recorded in the Official Public Records of Nueces County, Texas, as it may be amended (the "Declaration"). As a condominium regime, Firefly Corpus Christi RV and Tiny Home Condominium is also subject to State laws, including Chapter 82 of the Texas Property Code — The Texas Uniform Condominium Act ("TUCA"). The operation of Firefly Corpus Christi RV and Tiny Home Condominium is vested in Firefly Corpus Christi RV and Tiny Home Condominium Community, Inc. (the "Association"), acting through its board of directors (the "Board"). The Association is empowered to enforce the covenants of the Declaration, including the obligation of owners to pay assessments. In addition to rights and;remedies of the Association under the Declaration, TUCA gives the Association, acting throughthe Board: Ls Authority’to adopt and amend rules regulating the collection of delinquent

tion to rights and;remedies of the Association under the Declaration, TUCA gives the Association, acting throughthe Board: Ls Authority’to adopt and amend rules regulating the collection of delinquent assessments and the application of payments. §82.102(a)(13); 2. Authority to impose interest and late charges for late payments of assessments, and returned check charges. §82.102(a)(12); 3. Authority to adopt and amend rules regulating the termination of utility service to a Unit, the Owner of which is delinquent in the payment of an assessment that is used, in whole or in part, to pay the cost of that utility. §82.102(a)(14); 4. Authority to suspend the voting privileges of or the use of certain general common elements by an Owner delinquent for more than thirty (30) days in the payment of assessments. §82.102(a)(18); and 5. A private power of sale to foreclose*the assessment lien nonjudicially, subject to a limitedaight of redemption by the UnitOwner. §82.113 To establish equitable policies and procedures for the collection of delinquent assessments, the Declarant hereby adopts this policy for the benefit of the Association, as part of the initial project documentation.

SECTION 1. DELINQUENCIES, LATE CHARGES & INTEREST 1-A. Due Date. An Owner will timely and fully pay Regular Assessments, and Special, Individual, and Deficiency Asséssments. Regular Assessments are due and payable on the first calendar day of each month. Special, Individual, and Deficiency Assessments are due on the date stated in the notice of Assessment or, if no date is stated, within ten (10) days after notice of the Special, Individual, or Deficiency, Assessment is given.

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notice of Assessment or, if no date is stated, within ten (10) days after notice of the Special, Individual, or Deficiency, Assessment is given.

-12024 - 2024016941 05/17/2024 11:37 AM Page 43 of 58 1-B.. |Delinquent. Any assessment, that is not fully paid when due is delinquent. When the account of a Unit becomes delinquent, it remains delinquent until paid in full — including collection costs and late-fees.

1-C. Late Fees & Interést. If the Association doesnot receive full payment of .a’Regular Assessment by 5:00 p.m. on the fifth (5") calendar day of the month, the Association may levy a late fee of $25.00 per month and/or interest of ten percent (10%) per annum from the first day of delinquency until the delinquency is paid in full. After the initial month of delinquency, a late fee of $25 may be on the first day of each month the account is delinquent until the account is current.

1-D. Liability for Collection Costs. The defaulting Owner is liable to the Association for the cost of title reports, credit reports, certified mail, long distance calls, court costs, filing fees, and other reasonable costs and-attorney's fees incurred by the-Association in collecting the delinquency.

1-E. Insufficient Funds. TheAssociation may levy a charge of $25 for any check returned to the Association marked "no sufficient funds" or theequivalent.

1-F. Waiver. Properly levied collection costs, late fees, and interest may not be waived by the Board, unless a majority of the directors determines that extraordinary circumstances warrant an adjustment to the account, in which case the adjustment must be described in detail in the minutes of the Board's meeting. Because of the potential for inadvertently

aordinary circumstances warrant an adjustment to the account, in which case the adjustment must be described in detail in the minutes of the Board's meeting. Because of the potential for inadvertently effecting a waiver of the policies contained in this policy, the Board will exercise caution in granting adjustments to an Owner's account.

SECTION 2. INSTALLMENTS & ACCELERATION If a Special or Deficiency. Assessment is payable in installments, and if an Owner defaults inthe payment of any installment, the Association may declare the entire assessment in default and accelerate the due date*on all remaining installmentssof that assessment. A Spécial or Deficiency Assessment payable in installments may be aceelerated only after the Association gives the Owner at least fifteen (15) days prior notice of the default and the Association's intent to accelerate the unpaid balance if the default is not timely cured. Following acceleration of the indebtedness, the Association has no duty to reinstate the installment program upon partial payment by the Owner.

SECTION 3. PAYMENTS 3-A. Application of Payments. After the Association notifies the Owner of a delinquency and the Owner's liability for late fees or interest, and collection costs, any payment received by the Association will be applied in the-following order, starting with the oldest charge in each category, until that category is\fully paid, regardless of the amount of payment, notationsson checks, and the date the obligations arose: (1) Collection.¢osts and attorney's fees -23-B.

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3-E: 2024 - 2024016941 05/17/2024 11:37 AM Page 44 of 58 (2) Fines (3) Reimbursable expenses (4) Late charges‘and interest (5) Delinquent Individual Assessments (6) Delinquent Deficiency Assessments (7) Delinquent Special Assessments

11:37 AM Page 44 of 58 (2) Fines (3) Reimbursable expenses (4) Late charges‘and interest (5) Delinquent Individual Assessments (6) Delinquent Deficiency Assessments (7) Delinquent Special Assessments (8) Delinquent Regular Assessments (9) Current Individual Assessments (10) Current Deficiency Assessments (11) Current Special Assessments (12) Current Regular Assessments Form of Payment. The Association may require that payment of delinquent assessments be made only in the form of cash, cashier's check or certified funds.

Partial and Conditioned Payment. The Association may refuse to accept partial payment (i.e., less than the full amount due and payable) and payments to which the payer attaches conditions or directions contrary to the Board's policy for ‘applying payments. The Association's endorsement and deposit of payment does not constitute acceptance. Instead, acceptance by the Association occurs when the Association posts the payment to the Unit's account. If the Association does not accept the payment/at that time, it will promptlysrefund the payment to the payer. A payment that is not refunded to the payer within thirty (30) days after being deposited by the Association may be deemed accepted as to payment, but not as to words of limitation or instruction accompanying the payment. The acceptance by the Association of partial payment of delinquent assessments does not waive the Association's right to pursue or to continue pursuing its remedies for payment in full of all outstanding obligations.

Notice of Payment. If the Association receives full payment of the delinquency after recording a notice of lien, the Association will cause a release of notice of lien to be publicly recorded, a copy of which will be sent to the Owner. The Association may require

the delinquency after recording a notice of lien, the Association will cause a release of notice of lien to be publicly recorded, a copy of which will be sent to the Owner. The Association may require the Owner to prepay the cost.of preparing and recording thefelease.

Correction of Credit Report. If the Association receives full payment of the delinquency after reporting the defaulting Owner to a credit reporting service, the Association’will report receipt of payment to the credit reporting service.

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2024 - 2024016941 05/17/2024 11:37 AM Page 45 of 58 SECTION 4. LIABILITY FOR COLLECTION COSTS The defaulting Owner is liable to the Association for the.cost of title reports, credit reports, certified mail, long distance calls, filing fees, and other reasonable costs and attorney's fees incurred in the collection of the delinquency, which amounts are secured by a lien-against the Unit.

SECTION 5. COLLECTION PROCEDURES Delegation of Collection Procedures. From time to time, the Association may delegate some or all of the collection procedures, as the Board in its sole discretion deems appropriate, to the Association's managing agent, an attorney, or a debt collector.

Delinquency Notices. If the Association has not received full payment of an assessment by the due date, the Association may send one or more written notices of nonpayment to the defaulting Owner, by-hand delivery, first class mail, and/or by certified mail, stating the amount delinquent. “The Association's delinquency-related correspondence may ;state that if full payment isnot timely received, the Association may pursue any or allof the Association's remedies, at the sole cost and expense of the defaulting Owner.

-related correspondence may ;state that if full payment isnot timely received, the Association may pursue any or allof the Association's remedies, at the sole cost and expense of the defaulting Owner.

Collection by Attorney. After giving the Owner notice of the delinquency, the Association may refer the delinquent account to an attorney for collection. In that event, the defaulting Owner will be liable to the Association for its legal fees and expenses.

Verification of Owner Information. The Association may obtain a title report to determine the names of the Owners and the identity of other lienholders, including the mortgage company.

Notification of Mortgage Lender. The Association may notify the mortgage lender of the default obligations.

Notification of Credit)Bureau. The Association may feport the defaulting Owner toone or more credit reporting’services.

Notice of Lien. The Association may cause a notice of the Association's assessment lien against the Unit to be publicly recorded. In that event, a copy of the notice will be sent to the defaulting Owner, and may be sent to his mortgage holder.

Foreclosure of Lien — Nonjudicially. The Board may instruct an attorney, officer or agent of the Association to notify the defaulting Owner of the Association's intent to foreclose its assessment lien, to post the property for public auction, and to conduct a public auction of the Unit on the steps of the,county courthouse in accordance with State law and the Association's documents. ThéBoard may not foreclose a lien consisting solely of fines or securing money for which the Association has obtained a personal money judgment.

Foreclosure of Lien Judicially. The Associationstmay file suit against the Owner for

lien consisting solely of fines or securing money for which the Association has obtained a personal money judgment.

Foreclosure of Lien Judicially. The Associationstmay file suit against the Owner for judicial foreclosure.of the Association's assessment lien. This action may be combined with a claim against the Owner's personal liability, or recovery of a money judgment.

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2024 - 2024016941 05/17/2024 11:37 AM Page 46 of 58 Lawsuit for Owner's PersonalLiability. Whether or not. the Association forecloses the Association's assessment lien, the Board may file a lawsuit for a personal judgment against the defaulting Owner, and may execute on the judgment.

Possession Following Foreclosure. If the Association purchases the Unit at public-auction, the Board may immediately institute actions to recover possession.

Limited Right of Redemption. Ifthe Association buys a Unit at the nonjudicial foreclosure sale of its assessment lien, the Association's ownership is subject to a ninety (90) day right of redemption by the Owner. TUCA's statutory right of redemption does not apply to judicial foreclosures or foreclosures of judgment liens.

Collection Agency. The Board may employ or assign the debt to one or more collection agencies.

Cancellation of Debt. If the’ Board deems the debt uncoltectible, the Board may elect.to cancel the debt on the books of the Association, in which case the Association may report the full amount of theforgiven indebtedness to the Internal Revenue Service as income to the defaulting Owner: Suspension of Voting Rights. The Association may suspend the voting rights of an Owner whose account with the Association is delinquent for at least thirty (30) days.

s income to the defaulting Owner: Suspension of Voting Rights. The Association may suspend the voting rights of an Owner whose account with the Association is delinquent for at least thirty (30) days.

Suspension of Use of Certain Facilities or Services. The Association may suspend the use of any Common Element amenities by an Owner, or his tenant, whose account with the Association is delinquent for at least thirty (30) days.

Utility Shut-Off. The Association may terminate utility service to the Unit for which assessments used to pay the cost of that utility are delinquent-according to the Association's utility shut-off policy.

SECTION 6. GENERAL PROVISIONS.

Independent Judgment. Notwithstanding the contents of this detailed policy, the officers, directors, manager, and attorney of the Association will exercise their independent, collective, and respective judgment in applying this policy.

Other Rights. This policy is in addition to and does not detract from the rights of the Association to collect assessments under the Association's Documents and the laws of the State of Texas.

Limitations of Interest. The .Association, and its officers, directors, managers, and attorneys indent to conform strictly to the applicable usuryclaws of the State of Texas.

Notwithstanding anything ‘to the contrary in the Documents or any other document, or agreement executed or made in connection with this policy, the Association will not ina@ny event be entitled to receive or collect, as interest, a sum greater than the maximum amount permitted by applicable law. If, from any circumstances whatsoever, the Association ever receives, collects)or applies as interest a sum invexcess of the maximum rate permitted by -56-D.

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cumstances whatsoever, the Association ever receives, collects)or applies as interest a sum invexcess of the maximum rate permitted by -56-D.

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2024 - 2024016941 05/17/2024 11:37 AM Page 47 of 58 law, the excess amount willsbe applied to the reduction of unpaid special and regular assessments, or reimbursed to the Owner if those assessments are paid in full.

Notices. Unless the Documents, Texas law, or this policy provide otherwise, any notice or other written communication given to an Owner<pursuant to this policy will be-deemed delivered to the Owner upon depositing same with the U.S. Postal Service, addressed to the Owner at the most recent address shown on the Association's records, or on personal delivery to the Owner. If the Association's records show that two (2) or more persons own a Unit, notice to one co-Owner is deemed notice to all co-Owners. Similarly, notice to one Occupant is deemed notice to all Occupants. Written communications to the Association, pursuant to this policy, will be deemed given on actual receipt by the Association's president, secretary, managing agent, or attorney.

Definitions. Words and phrases\used in this policy have the same meanings given to them by the Declaration.

Amendment of Policy.This policy will remain effective until ten (10) days after»the Association delivers to’an Owner of each Unit notice of amendment or revocation of this policy. The noticesmay be published and distributed in an Association newsletteror other community-wide publication.

-62024 - 2024016941 05/17/2024 11:37 AM Page 48 of 58 ATTACHMENT 5 FINE POLICY Background. This-fine policy is based on the requirements of Sec. 82.102(d).and (e) of TUCA. To establish policies and procedures for fining under TUCA, the Declarant adopts

8 ATTACHMENT 5 FINE POLICY Background. This-fine policy is based on the requirements of Sec. 82.102(d).and (e) of TUCA. To establish policies and procedures for fining under TUCA, the Declarant adopts this policy for the benefit of Firefly Corpus Christi RV and Tiny Home Condominium Community, Inc. (the "Association"), as part of the initial project documentation.

Policy. The Association uses fines to discourage violations of the Documents, and to encourage compliance when a violation occurs — not to punish violators or generate revenue for the Association. Although a fine may be an effective and efficient remedy for certain types of violations or violators, it is only one of several methods available to the Association for enforcing the Documents. The Association's use of fines does not interfere with its exercise of othercrights and remedies for the same violation, nor may the Association use fines to.the exclusion of other remedies: Owner's Liability. An‘Owner is liable for fines levied by the Association for violations of the Documents bythe Owner, the Residents of the Unit, and the relatives, guests, employees, and agents of the Owner and Residents. Regardless of who performs the violation, the Association will direct its communications to the Owner, although the Association may send copies of its notices to the resident.

Violation Notice. Before levying a fine, the Association will give the Owner a written violation notice and an opportunity to be heard. This requirement may not be waived. The Association's written violation notice will contain the following items: (1) the date the violation notice is prepared or mailed; (2) a description of the violation; (3) a reference to

be waived. The Association's written violation notice will contain the following items: (1) the date the violation notice is prepared or mailed; (2) a description of the violation; (3) a reference to the rule or provision that is being violated; (4) a descriptioncef the action required to cure the violation; (5) the amount-of the fine; (6) a statement thatnot later than the 30" day after the date of the violation notice, the Owner may request a hearing before the Board?to contest the fine; and (7) the date the fine attaches orbegins accruing (the "Start Date") subject to the following: a. New Violation. If the Owner was not given notice and a reasonable opportunity to cure a similar violation within the preceding twelve (12) months, the notice will state a specific date by which the violation must be cured to avoid the fine, if the violation is ongoing or continuous. If the violation is not ongoing, but is instead sporadic or periodic, the notice must state that any future violation of the same rule may result in the levy of a fine.

by Repeat Violation. In the\case of a repeat violation, the notice will state that, because the Owner was given notice and a reasonable opportunity to cure a similar violation within the preceding twelve (12) months, the finé attaches from the date of thé violation notice.

-12024 - 2024016941 05/17/2024 11:37 AM Page 49 of 58 Violation Hearing. An Owner'may request in writing a heafing by the Board to contest thé fine. To request a hearing-before the Board, an Owner miust submit a written request to‘the Association's manager, within thirty (30) days after the date of the violation notice. Within fifteen (15) days after-teceiving the Owner's request-for a hearing, the Board will give the

equest to‘the Association's manager, within thirty (30) days after the date of the violation notice. Within fifteen (15) days after-teceiving the Owner's request-for a hearing, the Board will give the Owner notice of the date, time, and place of the hearing. The hearing will be scheduled for date within forty-five (45) days from the date the Board receives the Owner's request, and should be scheduled to provide a reasonable opportunity or both the Board and the Owner to attend. Pending the hearing, the Association may continue to exercise its other rights and remedies for the violation, as if the declared violation were valid. The Owner's request for a hearing suspends only the levy of a fine. The hearing will be held in a closed or executive session of the Board. At the hearing, the Board will consider the facts and circumstances surrounding the violation. The Owner may attend the hearing in person, or may be represented by another person or written communication. No audio or video recording of the hearing may be made. The minutes of the hearing must contain a statement of the results of the hearing and the fine, if any, imposed_A copy of the violation notice and request for hearing should be placed in the minutes of the hearing. If the Owner appears at the meeting»the notice requirements willsbe’ deemed satisfied.

Levy of Fine. Within thirty (30) days after levying the fine, the Board must give the Owner notice of the levied fine. If the fine is levied at the hearing at which the Owner is actually present, the notice requirement will be satisfied if the Board announces its decision to the Owner at the hearing. Otherwise, the notice must be in writing. In addition to the initial

wner is actually present, the notice requirement will be satisfied if the Board announces its decision to the Owner at the hearing. Otherwise, the notice must be in writing. In addition to the initial levy notice, the Association will give the owner periodic written notices of an accruing fine or the application of an Owner's payments to reduce the fine. The periodic notices may be in the form of monthly statements or delinquency notices.

Amount. The Association may\set fine amounts on a case by.case basis, provided the fine is reasonable in light of the nature, frequency, and effects ofthe violation. The Association may establish a schedule of-fines for certain types of violations. If circumstances warrant a variance from the schedule, the Board will document-the reasons for the variance inthe minutes of its meeting: The amount and cumulativestotal of a fine must be reasonable in comparison to thecviolation and should be uniform for similar violations ofthe same provision of the Documents. If the Association allows fines to accumulate, it will establish a maximum amount or a particular fine at which point, the total fine will be capped.

Type of Levy. If the violation is ongoing or continuous, the fine may be levied on a periodic basis (such as daily, monthly, or quarterly), beginning on the Start Date. If the violation is not ongoing, but is instead sporadic or periodic, the fine may be levied on a per occurrence basis.

Collection of Fines. The Association is not entitled to collect a fine from an Owner to whom it has not given notice and an opportunity to be heard. The Association may not foreclose its assessment lien on a debt consisting solely of fines. The Association may-not charge interest or late.féés for unpaid fines.

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to be heard. The Association may not foreclose its assessment lien on a debt consisting solely of fines. The Association may-not charge interest or late.féés for unpaid fines.

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2024-2024016941 05/17/2024 11:37 AM Page 50 of 58 Amendment of Policy. This policy may be revoked or amended from time to time by they Board. This policy will remain effective until ten (10) days after the Association delivers to an Owner of each Unit notice of amendment or revocation of this policy. The notice may be published and distributed in an Association newsletter or other community-wide publication.

Und Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 2024 - 2024016941 05/17/2024 11:37 AM Page 51 of 58 ATTACHMENT 6 RECORDS-PRODUCTION AND COPYING POLICY [Tex. Prop. Code § 82.1141] Name of Condominium: Firefly Corpus Christi RV and Tiny Home Condominium Property Owners Association: Firefly Corpus Christi RV and Tiny Home Condominium Community, Inc.

Charges: Charges for examining and copying Property Owners Association information are set out in "Exhibit A" Except for information deemed confidential by law,or court order, the Property Owners Association will make its books and records open to and‘reasonably available for examination by an owner of property in the Subdivision or a person designated in a writing signed by the owner as the owner's agent, attorney, or certified public accountant, in accordance with Texas Property Code section 209.005. Owners are also entitled to obtain copies of information in the Property Owners Association's books and records on payment of the Charges for the copies. To the extent

s Property Code section 209.005. Owners are also entitled to obtain copies of information in the Property Owners Association's books and records on payment of the Charges for the copies. To the extent the Charges in this policy exceed the charges in section 70.3 of title 1 of the Texas Administrative Code, the amounts in section 70.3 of title 1 of the Texas Administrative Code govern.

Information not subject to inspection by owners includes buts not limited to1. any document :that constitutes the work product of the Property Owners Association's attorney or that’s privileged as an attorney-client communication; 2. files and ‘records of the Property Owners Association's attorney relating to the Property Owners Association, excluding invoices requested by an owner under Texas Property Code section 209.008(d); and 3. except to the extent the information is provided in the meeting minutes or as authorized by Texas Property Code section 209.005(1), (a) information that identifies the dedicatory instrument violation history of an individual owner; (b) an owner's personal financial information, including records of payment or nonpayment of amounts due the Property Owners information related to an employeeyof the Property Owners Association, including personnel files.

If a document in the Property Owners Association's attorney's files and records relating to the Property Owners Association would be subject to a‘tequest by an owner to inspect-or copy 1 2024 - 2024016941 05/17/2024 11:37 AM Page 52 of 58 Property Owners Association documents, the document will be produced by using the copy from thesattorney's files and records if the Property Owners Association has not maintained a separate

Property Owners Association documents, the document will be produced by using the copy from thesattorney's files and records if the Property Owners Association has not maintained a separate copy of the document.

Procedures for Inspecting Information or Obtaining Copies 1. An owner or the owner's agent must submit a written request for access or information by certified mail, with sufficient detail describing the Property Owners Association's books and records requested, to the mailing address of the Property Owners Association or authorized representative as reflected on the most current management certificate filed with the county clerk of Nueces County, Texas.

2. The request must include enough description and detail about the information requested’ to enable the Property Owners Association to accurately identify and locate the information requested. Owners¢ must cooperate with the Property Owners Association's reasonable efforts to clarify the type or amount of information. requested.

Bi The request must contain an election either to inspect the books and«records before obtaining copies.or to have the Property Owners Association forward copies of the requested books and records anda. if an inspection is requested, the Property Owners Association, on or before the tenth business day after the date the Property Owners Association receives the request, will send written notice of dates during normal business hours that the owner may inspect the requested books and records to the extent those books and records are in the possession, custody, or control of the Property Owners Association; or b if copies ofidentified books and records’ are requested, the Property.

Owners Association will, to the extent those books and records are in‘the

dy, or control of the Property Owners Association; or b if copies ofidentified books and records’ are requested, the Property.

Owners Association will, to the extent those books and records are in‘the possession, custody, or control of*the Property Owners Association, produce the requested books and aecords for the requesting party on or before the tenth business day~after the date the Property Owners Association receives the request.

4. If the Property Owners Association is unable to produce the books or records requested that are in its possession or custody on or before the tenth business day after the date the Property Owners Association receives the request, the Property Owners Association must provide to the requestor written notice thata. informs the owner that the Property Owners, Association is unable to produce the information on or before the tenth business day after the date the Property, Owners Association received.the request; and b. states _a‘date by which the information will be sent or made available for inspection to the requesting party that is not later than the fifteenth 2 2024 - 2024016941 05/17/2024 11:37 AM Page 53 of 58 business day.after the date notice under this subsection is given.

5. If an inspection sis requested or required, the inspection will take place;at a mutually agreeable time during normal business hours, and‘the owner will identify the books and records for the Property Owners Association to copy and.forward to the owner.

6. The Property Owners Association may produce copies of the requested information in paper copy, electronic, or other format reasonably available to the Property Owners Association.

7. Before starting work on an owner's request, the Property Owners Association

requested information in paper copy, electronic, or other format reasonably available to the Property Owners Association.

7. Before starting work on an owner's request, the Property Owners Association must provide the owner with a written, itemized statement of estimated Charges for examining and copying records related to the owner's request, using amounts prescribed in this policy when the estimated Charges exceed $40. Qwners may modify the request;in response to the itemized statement.

8. Within ten business days of the date the Property Owners Association sent the estimate of Charges, the owner must respond in writing tosthe written estimate, or the request is considered automatically withdrawn. The response must'state whether the owner (a).accepts the estimate per the request, (b) modifies the request, or (c) withdraws the request.

9. Owners are responsible for Charges related to the compilation, production, and reproduction of the requested information in the amounts stated in this policy. The Property Owners Association may require advance payment of the estimated Charges of compilation, production, and reproduction of the requested information.

10. — If the estimated Charges are less or more than the actual Charges, the Property OwnersAssociation must submit a final invoice to the owner on or-before the thirtieth business day ‘after the date the information ‘is delivered. If the final invoice includes additional amounts due from the owner, the additional amounts, if not reimbursed to the Property Owners Association before the thirtieth business day after the date:the invoice is sent to the owner; may be added to the owner's account as an assessment. If the-estimated Charges exceeded-the final

Owners Association before the thirtieth business day after the date:the invoice is sent to the owner; may be added to the owner's account as an assessment. If the-estimated Charges exceeded-the final invoice amount, the owner is entitled to a refund, and the refund will be issued to the-owner not later than the thirtieth business day after the date the invoice is sent to the owner.

2024 - 2024016941 05/17/2024 11:37 AM Page 54 of 58 Exhibit "A" Charges for.Examining and Copying Property Owners Association Information A. Labor Charge for Computer Programming If a particular request requires the services of a computer programmer to execute an existing program or to create a new program so that requested information may be accessed and copied, the Property Owners Association will charge $28.50 an hour for the programmer's time spent on the request.

B. Labor Charge for Locating,Compiling, Manipulating, and Reproducing Data and Information 1. The charge fordabor costs incurred in processing an owner's request for Property Owners Association information is $15.00 an hour. The labor charge will be calculated based on the actual time to locate,,compile, manipulate, and reproduce the requested data and information.

2. A labor charge will not be billed in connection with complying with requests that are for fifty or fewer pages of paper records, unless the documents to be copied are located in (a) two or more separate buildings that are not physically connected with each other or (b) a remote storage facility.

3. A labor charge will not be billed for any time spent by an attorney, legal assistant, or any other person who reviews the requested information to, determine whether it is confidential or privileged under Texas-law.

will not be billed for any time spent by an attorney, legal assistant, or any other person who reviews the requested information to, determine whether it is confidential or privileged under Texas-law.

4. When confidential or privileged information issmixed with public information in the same page, a labor chargemay be recovered for time spent to redact, black out, or otherwise obscure the confidential or-privileged information in order to comply with the owner's-request.

The Property Owners Association will not charge for redacting confidential or™privileged information for requests of fifty or fewer pages unless the request also qualifies for a labor charge under section 552.261(a)(1) or 552.261(a)(2) of the Texas Government Code.

C. Overhead Charge 1. Whenever any labor charge is applicable to a request, the Property Owners Association may include in the Charges direct and indirect costs, in addition to the specific labor maintenance and repair, utilities,;cand administrative overhead)* If the Property Owners Association chooses to recover such costs, the overhead charge ‘will be computed at 20 percentof the charge made to cover any labor costs associated with a particular request.

2024 - 2024016941 05/17/2024 11:37 AM Page 55 of 58 For example, if one hour oflabor is used for a particular request, the formula would be as follows: a. Labor-charge for locating, compiling; and reproducing—$15.00 x-.20 = $3.00: b. Labor charge for computer programming-$28.50 x .20 = $5.70.

If a request requires a charge for one hour of labor for locating, compiling, and reproducing information ($15.00 per hour) and one hour of programming ($28.50 per hour), the

ing-$28.50 x .20 = $5.70.

If a request requires a charge for one hour of labor for locating, compiling, and reproducing information ($15.00 per hour) and one hour of programming ($28.50 per hour), the 2. An overhead charge will not be made for requests for copies of fifty or fewer pages of standard paper records.

D. Microfiche and Microfilm Charge If the Property Owners Association already has theérequested information on microfiche or microfilm, the charge.for a copy must not exceed thé cost of reproducing the information on microfiche or microfilm or ten cents per page for standard size paper copies of the information on microfiche or microfilm, plus any applicable labor and overhead charge for more than fifty copies.

E. Remote Document Retrieval Charge To the extent that the retrieval of documents stored on the Property Owners Association's property, results in a charge to comply with a request, the Property Owners Association will charge‘the actual cost of the retrieval.

F. Copy Charges 1. The charge.for standard paper copies reproduced by means of an officesmachine copier or a computer printer is ten cents per page or part-of a page. Each side of a piece of paper on which information is recorded is counted as a single copy. A piece of paper that has information recorded on both sides is counted as two copies. Standard paper copy is a copy of Property Owners Association information that is a printed impression on one side of a piece of paper that measures up to eight and one-half by fourteen inches.

2. A "nonstandard" copy includes everything but a copy of a piece of paper measuring up to eight and one-half by fourteen inches. Microfiche, microfilm, diskettes,

ght and one-half by fourteen inches.

2. A "nonstandard" copy includes everything but a copy of a piece of paper measuring up to eight and one-half by fourteen inches. Microfiche, microfilm, diskettes, magnetic, tapes, and CD-ROM are examples of nonstandard copies. The charges in this subsection are to cover the materials‘onto which information is Copied and do not reflect any additional charges, including labor, that may be associated with‘a particular request. The charges for nonstandard copies are2024 - 2024016941 05/17/2024 11:37 AM Page 56 of 58 a. diskette—$1.00; b. magnetic tape—actual cost; c. data-cartridge—actual cost; d. tape cartridge—actual cost; e. rewritable CD (CD-RW)—$1.00; f. nonrewritable CD (CD-R)—$1.00; g. digital video disc (DVD)—$3.00; h. other electronic media—actual cost; i. audio,.cassette—$ 1.00; k. oversize paper copy (e.g., larger than eight and one-half by fourteen inches, greenbar, bluebar, not including maps and photographs using specialty paper)—$0.50; and L. specialty paper (e.g., Mylar, blueprint, blueline, map, photographic)— actual cost.

2024 - 2024016941 05/17/2024 11:37 AM Page 57 of 58 ATTACHMENT 6 CERTIFICATION & ACKNOWLEDGMENT As the Declarant of Firefly Corpus Christi RV and Tiny Home Condominium and the initial and sole member of Firefly Corpus Christi RV and Tiny Home Condominium Community, Inc.

(the "Association") I certify that the foregoing Firefly Corpus Christi RV and Tiny Home Community Manual was adopted for the benefit of the Association as part of the initial project documentation for Firefly Corpus Christi RV and Tiny Home Condominium, located in Nueces County, Texas. This Community Manual becomes effective when recorded.

SIGNED on the | l day of (ViQ LA , 2024 Firefly Corpus Christi RV and Tiny Home Condominium

ny Home Condominium, located in Nueces County, Texas. This Community Manual becomes effective when recorded.

SIGNED on the | l day of (ViQ LA , 2024 Firefly Corpus Christi RV and Tiny Home Condominium Community, Inc.

By: Cee Eemee Its: oA ign) § COUNTY OF Nu CCES § This instrument was acknowlédged before me on | ON i] , 2024, by as ta of Firefly Corpus Christi RV and Tiny Home Condominium Community, Inc.

VY pues he gues wee MONICA LEDESMA Notary Public, State of | LAS ‘az Notary Public, State of Texas Moe Notary ID 11538990 %, HAW NOK, ' ‘ 2: st DN = = = = = 2024 - 2024016941 05/17/2024 11:37 AM Page 58 of 58 Nueces County Kara Sands Nueces-County Clerk *VG-85-2024-2024016941" Instrument Number: 2024016941 Official Public Records NOTICE Recorded On: May 17, 2024 11:37 AM Number of Pages: 58 “(Examined and Charged as Follows: " Total Recording: $244.00 STATE OF TEXAS Nueces County I hereby certify that this Instrument was filed in the File Number sequence on the date/time printed hereon, and was duly recorded in the Official Records of Nueces County, Texas Kara Sands Nueces County Clerk Aone 5 A QV. ) Nueces County, TX Any provision herein which restricts the Sale, Rental or use of the described. REAL PROPERTY because of color or race is invalid and unenforceable under federal law.

File Information: Record and Return To: Document Number: 2024016941 PETER ELMER Receipt Number: 2024051700008 1 Recorded Date/Time: May 17, 2024 11:37 AM User: Veronica C Station: CLERK04.nuecescc.local