Geoffrey S. Connor Secretary of State Corporations Section P.O.Box 13697 Austin, Texas 78711-3697 Office of the Secretary of State CERTIFICATE OF INCORPORATION OF Friendswood Oaks Homeowners Association, Inc.
Filing Number: 800327290 The undersigned, as Secretary of State of Texas, hereby certifies that Articles of Incorporation for the above named corporation have been received in this office and have been found to conform to law.
Accordingly, the undersigned, as Secretary of State, and by virtue of the authority vested in the Secretary by law, hereby issues this Certificate of Incorporation.
Issuance of this Certificate of Incorporation does not authorize the use of a name in this state in violation of the nights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or Professional Name Act, or the common law.
Dated: 04/07/2004 Effective: 04/07/2004 C Geoffrey S. Connor Secretary of State Come visit us on the internet at http://www.sos.state.tx.us/ PHONE(S 12) 463-5555 FAX(512) 463-5709 TTY7-1-1 Prepared by: Brent Bowen Apr O? 2004 2:07PM Pagel, Davis & Hill, P.C. 713-951-0662 = FILFD In the Office of the Secretary of State of Texas ARTICLES OF INCORPORATION or — APR 07 ZU FRIENDSWOOD OAKS HOMEOWNERS ASSOCIATION Wes Sesto A NON PROFIT CORPORATION ARTIGLE ONE The name of the corporation is Friendswood Oaks Homeowners Association, Inc.
ARTICLE TWO The corporation is a non-profit corporation.
ARTICLE THREE The period of its duration is perpetual.
ARTICLE FOUR The specific primary purposes for which the corporation is organized are to provide for the maintenance, preservation, and architectural control of the residential lots
tion is perpetual.
ARTICLE FOUR The specific primary purposes for which the corporation is organized are to provide for the maintenance, preservation, and architectural control of the residential lots > and common area within a certain subdivision containing approximately 124 acres of land located within Harris County, Texas, known as Friendswood Oaks subdivision, and to promote the health, safety, and welfare of the residents within the subdivision and such additions thereto as may hereafter be brought within the jurisdiction of the corporation for such purpose.
In furtherance of such purposes, the corporation shall have power to: a. Perfarm all of the duties and obligations of the corporation as set forth in the Declaration of Covenants, Conditions and Restrictions for Friendswood Oaks (“the Declaration”) to be recorded in the real property records of Harris County, Texas; b. Affix, levy, and collect all charges and assessments pursuant to the terms of the Declaration, and enforce payment thereof by any lawsufl means; and pay all expenses in connection therewith, and all office and other expenses incident to the conduct of the business of the corporation, including all licenses, taxes, or governmental charges levied or imposed on the property of the corporation; C. Acquire (by gift, purchase, or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate to public use, or otherwise dispose of real and personal property in connection with the affairs of the corporation; Apr O07 2004 2:07PM Pagel, Davis & Hill, P.C. 713-951-0662 Pp.
d. Borrow money and, subject to the consent by vote or written instrument of two-thirds of the voting members, mortgage, pledge, convey by deed of trust, or hypothecate any or all of its real or
2 Pp.
d. Borrow money and, subject to the consent by vote or written instrument of two-thirds of the voting members, mortgage, pledge, convey by deed of trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; e. Dedicate, sell or transfer all or any part of the common area to any municipality, public agency, authority, or utility for such purposes and subject to such conditions as may be agreed upon by the members.
No such dedication or transfer shall be effective unless an instrument has been signed by two-thirds of each class of members, as set out in the Declaration, agreeing to such dedication, sale or transfer; f. Participate in mergers and consolidations with other non-profit corporations organized for the same purposes, or annex additional property and common areas, provided that any merger, consolidation, or annexation shall have the consent by vote or written instrument of two-thirds of the members; g. Have and exercise any and all powers, rights, and privileges that a corporation organized under the Texas Non-Profit Corporation Act by law may now or hereafter have or exercise.
The corporation is organized and shall be operated exclusively for the aforementioned purposes. The activities of the corporation shall be financed by assessments on members as provided in the Declaration, and no part of any net earnings shall inure to the benefit of any member.
ARTICLE FIVE The address of its initial registered office is 8584 Katy Freeway, Suite 103, Houston, Texas 77024. The initial registered agent at such address is Charles Martin.
ARTICLE SIX Each person or entity who is a record owner of a fee or undivided fee interest in any Lot subject to assessment as provided in the Declaration, but excluding persons
ess is Charles Martin.
ARTICLE SIX Each person or entity who is a record owner of a fee or undivided fee interest in any Lot subject to assessment as provided in the Declaration, but excluding persons holding title merely as security for performance of an obligation, shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of a lot which is subject to assessment by the corporation in accordance with the Declaration.
ARTIGLE SEVEN The corporation shall have two classes of voting members. For purposes of the definitions of members, Owners, Declarant, Lot, and membership, the same shall be as provided in the Declaration. The classes and their members are as follows: Apr O7 2004 2:08PM Pagel, Davis & Hill, P.C. 713-951-0662 p.8 = P aia” Class A. Class A members shall be all Owners (as defined in the Declaration) with the exception of Declarant (as defined in the Declaration) and shall be entitled to one vote for each Lot (as defined in the Declaration) in which they hold the interest required for Membership. When more than one person holds such interest in any Lot, all such persons shall be members, but the vote for such Lot shall be exercised as they, among themselves unanimously agree, but in no event shall more than one vote be cast with respect to any Lot.
Class B. Declarant shall be the only Class B member, and shall be entitled to three (3) votes for each Lot in which Declarant holds the interest required for Membership. Class B Membership shall cease and be converted to Class A membership upon the happening of either of the following events: (i) when the total votes outstanding in Class A membership equals three (3) times the total votes outstanding in the Class B membership;
embership upon the happening of either of the following events: (i) when the total votes outstanding in Class A membership equals three (3) times the total votes outstanding in the Class B membership; or (ii) five years from the date hereof.
ARTICLE EIGHT The number of directors constituting the initial board of directors is three (3). The names and addresses of the persons who are to serve as initial directors are: an. Richard C, Duffy 8584 Katy Freeway, Suite 103 Houston, Texas 77024 Charnes Martin 8584 Katy Freeway, Suite 103 Houston, Texas 77024 Susan Andrews 8584 Katy Freeway, Suite 103 Houston, Texas 77024 ARTICLE NINE On dissolution, the assets of the corporation shall be distributed to an appropriate - public agency to be used for purposes similar to those for which the corporation was created. In the event such distribution is refused acceptance, such assets shall be granted, conveyed, and assigned to any non-profit corporation, association, trust or other organization organized and operated for such similar purposes.
Apr OF 2004 2:08PM Pagel, Davis & Hill, P.C. 713-951-0662 ae, Fe ARTICLE TEN The name and address of the incorporator are: Dennis McQueen 1415 Louisiana, 22™ Floor Houston, Texas 77002 Dennis A. McQue ARTICLE TEN The name and address of the incorporator are: Dennis McQueen 1415 Louisiana, 22" Floor Houston, Texas 77002 Dennis A. McQue a YR459731 SPECIAL WARRANTY DEED.
Date: November sth , 2004 Grantor: Friendswood Estates, Ltd.
8584 Katy Fwy, Suite 103 Houston, Texas 77024 y Grantee: Friendswood Oaks Homeowners Association, Inc. Lx c/o JOH Property Management, Inc.
P. O. Box 96046 Houston, Texas 772213
endswood Estates, Ltd.
8584 Katy Fwy, Suite 103 Houston, Texas 77024 y Grantee: Friendswood Oaks Homeowners Association, Inc. Lx c/o JOH Property Management, Inc.
P. O. Box 96046 Houston, Texas 772213 Consideration: Ten Dollars ($10.00) and other good and valuable consideration.
Pronerty: Reserve 4. (Landscape) Reserve C (Detention Pond) Reserve D (Landscape) Reserve E (Drainage/Recreation) Reserve F (Detention) of FRIENDSWOOD OAKS SECTION ONE, as shown on the Final Plat thereof filed on May 19, 2004 in the real property records of Harris County, Texas Reservations from and Exceptions to Conveyance and Warranty: (a) any restrictions, ordinances, easements and other encumbrances (other than liens) of record as of the date of this Deed; and (b) taxes for the year 2004, the payment of which Grantee shall assume.
Grantor, for the Consideration and subject to the Reservations from and Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's successors to warrant and forever defend all and singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from and Exceptions to Conveyance and Warranty, when the same arise through or under Grantor, but not otherwise.
Special Warranty Deed Grantor: Friendswood Estates, Ltd.
Grantee: Friendswood Oaks Homeowners Association, Inc. Page 1 ANY PROVISION HEREIN WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE DESCRIBED REAL :
ial Warranty Deed Grantor: Friendswood Estates, Ltd.
Grantee: Friendswood Oaks Homeowners Association, Inc. Page 1 ANY PROVISION HEREIN WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE DESCRIBED REAL : PROPERTY BECAUSE OF CCLOR OR RACE IS RVALID AND UNENFORCEABLE UNDER FEDERAL UW.
THE STATE OF TEXAS COUNTY GF HARRIS Thereby ceeiny thot this insirumert vas FILED in Fis Nurnber Sequence on bre date and at he fine stamped aren by sxe; and wras duty RECORDED. Is the Oficial Pubbc Records of Real Property of Harris, Courty, Texas on NOV 16 2004 Friendswood Estates, Ltd.
By: 7 C DoF Lharity B, Rgpreen/ RDCM Development, LLC COUNTY CLERK HARRIS COUNTY, TEXAS , General Partner STATE OF TEXAS \ ( v4 Acknowledged before me on November & ch , 2004 by : th Managing Member of RDCM Development, LLC, the general partner of Friendswood ne JAMIE S. CLARK Notary Public, State of Texas ire Sye.ee¢ Commission Expires 06-25-2008 ary Public - Staté of Texas After filing, return to: Lo x SE JDH Property Management, Inc. 23K = g, : @ ‘Special Warranty Deed Grantor: Friendswood Estates, Ltd.
Grantee: Friendswood Oaks Homeowners Association, Inc Page 2 , Managing Member 7