. 20130034244 ( ADDITIONAL DEDICATORY INSTRUMENTS -. 01/25/2013 ~ RPL $4000 \ THE STATE OF TEXAS § y COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on this day personally appeared Trisha Taylor Farine, who, being by me first duly sworn, states on oath the following: "My name is Trisha Taylor Farine, I am over twenty-one (21) years of age, of sound mind, capable of making this affidavit, authorized to make this affidavit, and personally acquainted with the facts herein stated: I am the attorney/agent for FRIENDSWOOD OAKS HOMEOWNERS ASSOCIATION, kee INC. Pursuant with Section 202.006 of the Texas Property Code, the following documents are copies of the original official documents from the Association's files: Amended and Restated Bylaws DATED this IGF aay of LAMA 2013.
ASSOCIATION, INC.
ov haa ofr risha Taylor Faring, Attorney/agent SUBSCRIBED AND SWORN TO BEFORE ME by the said Trisha Taylor Farine, on this WMgay ) ( ) my Uy, RU val, 2 "Zs the CHERILYNNE M. OWEN -, = Notary Public, State of Texas = MyCommission Expires August 23, 2013 tg, a fo, Chutes ne MN.OW 1 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS etter, SNS...
se After recording return to: DAUGHTRY & JORDAN, P.C. ' 17044 El Camino Real | Houston, Texas 77058 AMENDED AND RESTATED BY-LAWS OF FRIENDSWOOD OAKS HOMEOWNERS ASSOCIATION, INC.
A TEXAS NON-PROFIT CORPORATION The following By-Laws shall govern and control the operation of Friendswood Oaks Homeowners Association, Inc., a Texas Non-Profit Corporation.
Article |. DEFINITIONS Section1. “Subdivision” means the Friendswood Oaks subdivision, a subdivision comprised of approximately 125 acres of land, containing 250 lots, as shown on the plat
orporation.
Article |. DEFINITIONS Section1. “Subdivision” means the Friendswood Oaks subdivision, a subdivision comprised of approximately 125 acres of land, containing 250 lots, as shown on the plat thereof filed or to be filed by Friendswood Estates, Ltd. in the map or plat records of Harris County, Texas.
Section 2. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot within the Subdivision, including any seller under a contract for deed, but excluding those having such interest merely as security for the performance of an obligation. Each Owner shall be a member of the Association and, subject to the terms and provisions hereof, shall have the right to vote on all matters presented for vote to the members of the Association.
Section 3. “Association” shall mean Friendswood Oaks Homeowners Association, Inc., a Texas non-profit corporation.
Section4. “Declaration” means the Declaration of Covenants, Conditions and Restrictions for Friendswood Oaks subdivision filed at Harris County Clerk’s Instrument No. X622666, File No. 300410341, Film Code No. 586-20-0970 — 586-20-0996, as may have been or hereafter be amended.
Article ll. VOTING RIGHTS AT MEETINGS OF THE ASSOCIATION Section 1. | Owner’s Voting Rights.
Each Owner shall be entitled to cast one vote for each Lot owned by such Owner: if more than one person owns any Lot, then all such persons shall be treated as one Owner for purposes of voting on any matter before the Association. In such event, the vote of such Owner shall be exercised as the joint-owners themselves determine, but in no event shall more than one vote be cast with respect to any Lot.
Article Ill. MEETINGS OF THE ASSOCIATION Section 1. Annual Meetings.
ll be exercised as the joint-owners themselves determine, but in no event shall more than one vote be cast with respect to any Lot.
Article Ill. MEETINGS OF THE ASSOCIATION Section 1. Annual Meetings.
The Association shall hold an annual meeting of the Owners during a weekday evening or on a Saturday during the month of January (starting in 2014) at such time and place as provided in the notice of such meeting. Notice of the annual meeting must be sent not more than thirty (30) days nor less than ten (10) days prior to the date set for the By-Laws of Friendswood Oaks HOA, Inc. Page | of 6 —= =.
ad meeting. Notice shall be sent by the Secretary by first class mail to each Owner at the Owner's address as appearing on the books and records of the Association.
Section 2. Action at Annual Meetings.
At each annual meeting of the Association, the Board of Directors shall, as a minimum, present to the Owners an overview of the past year’s activities including finances, budget assessment, contract(s) status, issues, and a proposed budget for the following year; discuss any matters presented by any owner, and the Owners shall elect ' directors. The Owners shall vote on any matters presented by the Board of Directors, including, to the extent provided in the Declaration, any proposed increase in the Annual Assessments or imposition of Special Assessments. At the annual meeting, after elections, the newly elected directors along with existing directors will determine by vote of the Board of Directors who shall hold the following Officer positions: President, Secretary, Treasurer and, to the extent desired, one or more Vice-Presidents.
Section 3. Special Meetings.
The Association may hold special meetings for any purpose as properly requested in
President, Secretary, Treasurer and, to the extent desired, one or more Vice-Presidents.
Section 3. Special Meetings.
The Association may hold special meetings for any purpose as properly requested in accordance with this paragraph. Upon receipt of a written request to the Board of Directors for a special meeting, setting forth the purpose for which such special meeting is sought, and signed by twenty percent (20%) of all Owners, the secretary of the Association shall give notice of a special meeting to all Owners, which sets out the date, time, place, and purpose for such special meeting. The special meeting shall be set by the Board of Directors for a date not more than sixty (60) days nor less than (20) days from the written request for the special meeting. The matters to be voted on at any special meeting shall only be those as stated in the notice of such special meeting, unless this requirement is waived in writing by all Owners either prior to or at such special meeting.
Section 4. Quorum.
At each annual and special meeting for which notice has been properly given, the number of persons holding twenty percent (20%) of the votes of all Owners shall be needed for a quorum. If no quorum is present, then no business shall be transacted at the meeting. If a quorum is not present for a meeting, then a second meeting shall be called to be held within the following sixty (60) days and the minimum number of Owners required for quorum shall be ten percent (10%).
Section 5. Action at Meeting. ° If a quorum is present at an annual or special meeting for which notice has been properly given, then, except as otherwise provided in these By-laws, the affirmative vote of a majority of the Owners present in person or by proxy on those matters properly
for which notice has been properly given, then, except as otherwise provided in these By-laws, the affirmative vote of a majority of the Owners present in person or by proxy on those matters properly presented to the Owners for voting shall be considered an act of the Association.
Section 6. Proxies.
At each meeting of the Association, any Owner may vote on any matter by way of a proxy granted to another person.
By-Laws of Friendswood Oaks HOA, Inc. Page 2 of 6 5 -g— = Article lV. BOARD OF DIRECTORS Section 1. Authority.
All rights specifically reserved to the Association, as provided in the Declaration, shall be exclusive to the Board of Directors, and no Owner or other person shall have the right or power to take action in connection therewith unless allowed by the Declaration or these By-Laws or specifically authorized in writing by the Board of Directors.
Section 2. Number.
The Board of Directors shall consist of five persons. All directors elected from December 2012 forward shall consist of 2 year terms. Three (3) directors will be elected in even years and two (2) directors shall be elected in odd years. Directors with unexpired terms remaining as of 2014 shall be subject to the terms of office as described in this section.
Section 3. Loss of Director.
In the event any director shall resign, sell his Lot, die or be removed from office, then the remaining members of the Board of Directors shall, by majority vote, appoint a replacement to serve the remainder of the former director’s term of office.
Section 4. Removal of Director.
No director may be involuntarily removed from office except at a special meeting properly called for such purpose and then by majority vote of all Owners.
Section 5. Meetings of the Board of Directors.
o director may be involuntarily removed from office except at a special meeting properly called for such purpose and then by majority vote of all Owners.
Section 5. Meetings of the Board of Directors.
Annual Meeting: The Board of Directors shall hold an annual meeting of the Owners for the purpose of selecting officers, taking action as deemed necessary by the Board of Directors, and discussing any other business pertinent to the Association.
Monthly meetings: The Board of Directors shall further hold monthly meetings, ata time and place as selected by a majority of the directors, for the purpose of taking action as deemed necessary by the Board of Directors. All Board of Director meetings shall be open to the owners of the Association except that closed executive sessions may be held only to consider actions involving personnel, pending or threatened litigation, contract negotiations, enforcement actions, confidential communications with the Association's attorney, matters involving the invasion of privacy of individual owners, or matters that are to remain confidential by request of the affected parties and agreement of the Board. Following an executive session, any decision made in the executive session must be summarized orally and placed in the minutes, in general terms, without breaching the privacy of individual owners, violating any privilege, or disclosing information that was to remain confidential at the request of the affected parties. The oral summary must include a general explanation of expenditures approved in executive session.
Section 6. Quorum.
To establish a quorum for taking any action at any meeting of the board of directors, at ‘least three directors must be present, in person or by phone.
By-Laws of Friendswood Oaks HOA, Inc. | "Page 3 of 6
stablish a quorum for taking any action at any meeting of the board of directors, at ‘least three directors must be present, in person or by phone.
By-Laws of Friendswood Oaks HOA, Inc. | "Page 3 of 6 Section 7. Action at Meetings.
At any meeting of the Board of Directors, at least three directors, voting either in person or by proxy granted to another director, must cast an affirmative vote on any matter presented at such meeting before the same will be considered as the act of the Board of Directors.
Article V. OFFICERS Section 1. Officers must be Directors.
Officers must be members of the Board of Directors and shall be elected by majority vote of the Board of Directors.
Section 2. Loss of Officer.
In the event any officer shall resign, sell his Lot, die or be removed from office, the remaining members of the Board of Directors shall, by majority vote, appoint a replacement to serve the remainder of the former officer's term of office.
Section 3. Removal of Officer.
The Board of Directors, by majority vote, may remove an officer from his position, and place another director in such office. Notwithstanding this provision, such removed officer shall retain his position as a member of the board of directors through the end of his term of office as director, unless such director is removed from such office as otherwise provided in these By-laws.
Section 4. President.
The president of the Association shall have the right to represent the Association in any discussions with third parties regarding matters relevant to the Subdivision. The president shali preside over meetings of the Association and the Board of Directors.
The president shall not have the right to take any action or enter into any contract which
to the Subdivision. The president shali preside over meetings of the Association and the Board of Directors.
The president shall not have the right to take any action or enter into any contract which binds the Association without first obtaining approval of the Board of Directors.
Section 5. Vice-Presidents.
The Board of Directors may establish one or more positions of vice-president of the Association. Each vice-president will have the duties and responsibilities as designated by the Board of Directors.
Section 6. Secretary.
The secretary shall be responsible for keeping minutes of each meeting of the Owners and of the Board of Directors, for sending notices of annual and special meetings, and for keeping records of the names and addresses of Owners. The physical act of taking minutes and maintaining said records may be performed by a second party (such as an association management company), but the secretary shall oversee the integrity of the content.
Section 7. Treasurer.
The treasurer of the Association shall be responsible for keeping the financial books and records of the Association, for overseeing collection of annual and special assessments as provided in the Declaration, and for payment of the Association’s By-Laws of Friendswood Oaks HOA, Inc. Page 4 of 6 —— monetary obligations. The physical act of maintaining said records may be performed by a second party (such as an association management company), but the treasurer shall oversee the integrity of the content.
Article VI. BOOKS AND RECORDS OF ASSOCIATION Section 1. Bank Account.
The Board of Directors shall maintain one or more bank accounts in the name of the Association. All annual and special assessments and other charges imposed and
OF ASSOCIATION Section 1. Bank Account.
The Board of Directors shall maintain one or more bank accounts in the name of the Association. All annual and special assessments and other charges imposed and collected in accordance with the Declaration shall be deposited into the bank account(s). All monies to be paid to third parties in connection with the enforcement of the provisions of the Declaration will be paid from the bank account(s). All checks and/or electronic drafts issued on the bank account(s) must be jointly signed and/or concurred by any two or more officers, each of whom shall be a separate person. All checks or electronic drafts issued on the bank account(s) issued for small monthly recurring expenditures (such as utility bills, storage rental bills, etc.), may be performed by a managing agent of the Association, but the Treasurer shall oversee the integrity and accuracy of such payments. Note: As per Article 1V, Section 7 of these By-laws, an affirmative vote by the Board of Directors is required prior to payment of monies to third parties.
Section 2. Access to Books and Records.
Each Owner shall have the right to review and request copies of the books and records of the Association in accordance with applicable law and any document request policy adopted by the Board of Directors.
Article Vil. COMMITTEES Section 1. Establishment of Committees.
Subject to the provisions of Article VIIl hereof, the Board of Directors may establish committees as deemed necessary for the efficient operation of the Association and to ensure compliance by all Owners with the provisions of the Declaration. Provided, however, that no committee shall have the authority to take any action which requires
ration of the Association and to ensure compliance by all Owners with the provisions of the Declaration. Provided, however, that no committee shall have the authority to take any action which requires consent by the Board of Directors or which would result in a violation of the Declaration.
Article Vill. ENFORCEMENT OF DECLARATIONS Section 1. Enforcement of Declarations.
In addition to any other remedy, relief or authority included in the Declaration, the Board of Directors or any Committee designated by the Board of Directors, shall have the right and obligation to oversee and enforce the provisions of the Declaration, including (1) the granting or denying of any consents requested by any Owners as required by the Declaration, (2) the pursuit of legal action to recover unpaid assessments and other charges which become due and payable in accordance with the Declaration, (3). to halt or correct any Owner's violation of the Declaration, and (4) to take any action or enforce any rights granted by the Declaration to the Association.
By-Laws.of Friendswood Oaks HOA, Inc. Page 5 of 6 Article IX. General Provisions Section 1. Conflict with Declarations.
In the event that any provisions within the Declaration conflict with provisions of these Py laws, the provisions of the Declaration shall control.
Section 2. Amendments.
These By-laws may be amended only at an annual or special meeting called for such purpose and approved by the affirmative vote of sixty-seven percent (67%) of all Owners entitled to vote at a meeting.
: Adopted and approved by the affirmative vote of sixty-seven percent of all persons _- entitled: to vote at a-‘meeting of the membership of the Association duly called and held on the 1°! day of December 2012.
es R. Miller, President RECORDER'S MEMO
en percent of all persons _- entitled: to vote at a-‘meeting of the membership of the Association duly called and held on the 1°! day of December 2012.
es R. Miller, President RECORDER'S MEMO At tha timo of recordation, the UM was ; found to bo Inadequate for the best h ; A oo feproduction beonuso of legibly, ‘caverns we! y, i MH tone end seared paper ate. All blockouts, Richatd Carter, Secretary the Instrument waa ted and reaorded. atthe time — 24S K FILED FOR RECORD 8:00 AM | JAN 25 2013 ly County Clerk, Harris County, Texas x 4 1 PROVO ERE ic STIS SE EO : JAN 25 2013 COUNTY CLERK HARRIS COUNTY, TEXAS