FTAA sco FRISCO HICKORY SPRINGS HOMEOWNERS ASSOCIATION, INC.
NOTICE OF FILING OF DEDICATORY INSTRUMENTS STATE OF TEXAS § § KNOW ALL MEN BY THES PRESENTS: COUNTY OF COLLIN § This NOTICE OF FILING OF DEDICATORY INSTRUMENTS (this “Notice Frisco Hickory Springs Homeowners Association, Inc. (the “Association”).
WITNESSETH: ro; WHEREAS, the Association is a “property owners’ associa’ 202.002(2) of the Texas Property Code; and WHEREAS, the Association is governe property described therein entitled Declaratiog the real property records of eac relates is located; and pint‘the scope of Section 202.006, acting by and through the es true and correct copies of the instruments more specifically O HICKORY SPRINGS HOMEOWNERS ASSOCIATION, INC.
GUIDELINES FOR DISPLAY OF FLAGS; 2. FRISCO HICKORY SPRINGS HOMEOWNERS ASSOCIATION, INC.
-~ PAYMENT PLAN POLICY; 3. FRISCO HICKORY SPRINGS HOMEOWNERS ASSOCIATION, INC.
- GUIDELINES FOR RAINWATER RECOVERY SYSTEMS; 4, FRISCO HICKORY SPRINGS HOMEOWNERS ASSOCIATION, INC.
- GUIDELINES FOR RELIGIOUS ITEM DISPLAY; Bs FRISCO HICKORY SPRINGS HOMEOWNERS ASSOCIATION, INC.
NOTICE OF FILING OF DEDICATORY INSTRUMENTS - Page 1 - GUIDELINES FOR ROOFING MATERIALS; 6. FRISCO HICKORY SPRINGS HOMEOWNERS ASSOCIATION, INC.
- GUIDELINES FOR SOLAR ENERGY DEVICES; 7 FRISCO HICKORY SPRINGS HOMEOWNERS ASSOCIATION, INC.
-DOCUMENT RETENTION POLICY; 8. FRISCO HICKORY SPRINGS HOMEOWNERS ASSOCIATION, INC.
- DOCUMENT INSPECTION AND COPYING POLICY; POLICY; 10. BYLAWS OF FRISCO HICKORY SPRINGS ASSOCIATION, INC.; and 11. ARTICLES OF INCORPORATION OF FRISCO HI HOMEOWNERS ASSOCIATION, INC.
of Filing of Dedicatory Instruments that the foregoing instru current instruments of the Association. > STATE OF TEXAS § § COUNTY OF DALLAS § a A “OR NotatPublic, cians of Texas
NERS ASSOCIATION, INC.
of Filing of Dedicatory Instruments that the foregoing instru current instruments of the Association. > STATE OF TEXAS § § COUNTY OF DALLAS § a A “OR NotatPublic, cians of Texas My / Commission Expires June 19, 2013 The Blend Law’¥ P 14131 Midway Road, Suite 1240 Addison, Texas 75001 NOTICE OF FILING OF DEDICATORY INSTRUMENTS - Page 2 FRISCO HICKORY SPRINGS HOMEOWNERS ASSOCIATION, INC.
GUIDELINES FOR DISPLAY OF FLAGS STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENTS: LE KI OR COUNTY OF COLLIN County, Texas (referred to as the “Declaration”); and WHEREAS Chapter 202 of the Texas Property Code was amepf thereto regarding the display of flags; and fermined that in WHEREAS, the Board of Directors (“Board”) of th ' afty, and to provide connection with maintaining the aesthetics and architgetyral harg clear and definitive guidance regarding the display therei) adopt guidelines regarding flag display within the Tt 4. the display of a flag or the location and construction of the supporting flagpole must comply with applicable zoning ordinances, easements and setbacks of record, “ATTACHMENT 1” Frisco Hickory Springs Homeowners Association, Inc.
Guidelines for Flag Display Page 2 of 2 5. a displayed flag and the flagpole on which it is flown must be maintained in good condition and any deteriorated flag or deteriorated or structurally unsafe flagpole must be repaired, replaced or removed; C. The Association hereby adopts the following additional restrictions on the display of flags on an owner’s lot: 1. | an owner may not install a flagpole which is greater than twenty fect height; 2. an owner may not install more than one flagpole on the owner’s propert} 3. any flag displayed must not be greater than 3’ x 5° in size;
install a flagpole which is greater than twenty fect height; 2. an owner may not install more than one flagpole on the owner’s propert} 3. any flag displayed must not be greater than 3’ x 5° in size; 4. Lights used to illuminate a displayed flag must comply with thgfoMowing; (a) Be ground mounted in the vicinity of the flag; m> (b) Utilize a fixture that screens the bulb and directs li with minimal spillover; and (c) Points towards the flag and faces the main center of the property if there is no . i (d) Provides illumination not to gxcept 5, an owner may not locate a dj (a) owned or maintained.b 6. Flagpoles must no the quiet enjoyiper gf the foregoing Policy was adopted by the Board at a mecting of the same held , and has not been modified, rescinded or revoked.
{21 Ve Paul Petkoff President Frisco Hickory Springs Homeowners Association, Inc.
FRISCO HICKORY SPRINGS HOMEOWNERS ASSOCIATION, INC.
PAYMENT PLAN POLICY STATE OF TEXAS § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF COLLIN § County, Texas (referred to as the “Declaration”); and ert _ WHE BEAS, pur suant to Seen ai. ed of the Tans hie NOW, THEREFORE, in order to comply Texas Residential Property Owners Protection Ag for the payment plan policy for the Association.
1. Purpose. The purpose of bits 2. Eligibility. To be eligfblg payment plan schedulef : a) he Owner’s initial payment to the address designated by the Mociation for correspondence.
3. Payment Plan Schedule/Guidelines. The Association hereby adopts the following alternate payment guidelines and makes the following payment plan schedule available to owners in order to make partial payments for delinquent amounts owed: “ATTACHMENT 2” Frisco Hickory Springs Homeowners Association, Inc.
Payment Plan Policy Page 2 of 4
ment plan schedule available to owners in order to make partial payments for delinquent amounts owed: “ATTACHMENT 2” Frisco Hickory Springs Homeowners Association, Inc.
Payment Plan Policy Page 2 of 4 a) Requirements of Payment Plan Request. Within 30 days of the date of the initial letter which informs the owner of the availability of a payment plan, an owner must submit a signed acceptance of the payment plan schedule described below to the Association’s management company.
b) Term. The term of the payment plan or schedule is six (6) months!
installment payment ander the fan a within the same submission of the Owner’s payment plan agreement which Owner. The initial payment must be in an amou ual (25%) of the delinquent amount owed. The O monthly installments under the payment plan in payments are received by the Association no late * coffespondence must be sent to the prrespondence. Such correspondence ent.
A Owners are responsible for remaining other charges coming due during the duration of ghd must, therefore, timely submit payment to the coming due during the duration of the Owner’s £ with a payment plan under the Association’s alternate payment Owners in a payment plan are responsible for reasonable costs ted with administering the plan, and for interest on the unpaid balance, total amount owed under the payment plan and will be included in the payment obligation. The costs of administering the payment plan may include a reasonable charge for preparation and creation of the plan, as well as a monthly monitoring fee of no less than $5.00 per month.
Frisco Hickory Springs Homeowners Association, Inc.
Payment Plan Policy Page 3 of 4 g) Other Payment Arrangements. At the discretion of the Board of Directors, and
fee of no less than $5.00 per month.
Frisco Hickory Springs Homeowners Association, Inc.
Payment Plan Policy Page 3 of 4 g) Other Payment Arrangements. At the discretion of the Board of Directors, and only for good cause demonstrated by an Owner, the Association may accept payment arrangements offered by Owners which are different from the abovecited guidelines, provided that the term of payments is no less than three (3) months nor larger than eighteen (18) months. The Association’s acceptance of payment arrangements that are different from the approved pe schedule/guidelines hereunder shall not be construed as a vw guidelines nor authorize an owner to be granted a payment plan ¥ from the one herein provided.
4, Default. If an Owner fails to timely submit payment in full of any Anse (which installment payment must include the principal owed, th i the plan and interest charges), or fails to timely pay any amount of the plan, the Owner will be in default. If an Owner defaults to provide a notice of default, the Owner will be responsible the drafting and sending of such notice. In additign, the Q will be responsible for any and all costs, inclagig orn action which the Association pursues.
« for a payment plan under the ten request to the Board for the such request must be directed to ty Owner’s debt (i.e. the Association’s . Me decision to grant or deny an alternate ch plan, will be at the sole discretion of the 5. Board Discretion. Any Owng Association’s alternate payment plan gc Association to grant the Owner an alte the person or entity currently handling @. In the event that any provision herein shall be © be invalid or unenforceable in any respect, such Section 209.0062 of the Texas Property Code. In the event that
person or entity currently handling @. In the event that any provision herein shall be © be invalid or unenforceable in any respect, such Section 209.0062 of the Texas Property Code. In the event that is deemed by a court with jurisdiction to be ambiguous or in 1is Policy and any such provision shall be interpreted in a manner Collin Cqunty, angAvill remain in effect until revoked, modified or amended.
Frisco Hickory Springs Homeowners Association, Inc.
Payment Plan Policy Page 4 of 4 This is ,to gertify that the foregoing Policy was adopted by the Board at a meeting of the same held / 2/ 26) / , and has not been modified, rescinded or revoked.
bal be Paul Petkoff President Frisco Hickory sonieee O FRISCO HICKORY SPRINGS HOMEOWNERS ASSOCIATION INC.
GUIDELINES FOR RAINWATER RECOVERY DEVICES STATE OF TEXAS § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF COLLIN § County. Texas (referred to as the “Declaration” and WHEREAS the Texas Legislature passed House Bill 3391 whick devices; and Amunity, and to provide is appropriate for the € community.
connection with maintaining the aesthetics and arch clear and definitive guidance regarding rainwa Association to adopt guidelines regarding rainwa WHEREAS, the Board of Directors epee of the recovery devices contained in any governi with the new law.
™m common by the members of the Association; or A Eelam the front of the owner’s home and an adjoining or ) is of a color other than a color consistent with the color scheme of the owner’s home; or (b) displays any language or other content that is not typically displayed by such a barrel or system as it is manufactured.
B. The Association may regulate the size, type, and shielding of, and the materials used in
language or other content that is not typically displayed by such a barrel or system as it is manufactured.
B. The Association may regulate the size, type, and shielding of, and the materials used in the construction of, a rain barrel, rainwater harvesting device, or other appurtenance that is located on the side of a house or at any other location that is visible from a street, another lot, or a common area if: “ATTACHMENT 3” Frisco Hickory Springs Homeowners Association Inc.
Guidelines for Rainwater Recovery Devices Page 2 of 2 1. the restriction does not prohibit the economic installation of the device or appurtenance on the owner’s property; and 2. there is a reasonably sufficient area on the owner’s property in which to install the device or appurtenance.
C. In order to enforce these regulations, an owner must receive written appreyal from the Board or the architectural control or review committee (if one exists) p any rain barrel or rainwater harvesting system. Accordingly, prior to im owner must submit plans and specifications to receive the written approval o device (and all parts thereof}. The plans should also ide part thereof will be visible from any street, other lot or cot FRISCO HICKORY SPRINGS HOMEOWNERS ASSOCIATION, INC.
GUIDELINES FOR RELIGIOUS ITEM DISPLAY STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF COLLIN Cn Le February 17, 1998 Document number 199800217000141210 of the Official Publ County, Texas (referred to as the “Declaration”); and WHEREAS the Texas Legislature passed House Bill 1278 whick Religious Items within the community, hé display contained in any governing docu new law.
lL.
items include anything related to any faith sincere religious belief or tradition.
lowed by the Texas state constitution and the United States
, hé display contained in any governing docu new law.
lL.
items include anything related to any faith sincere religious belief or tradition.
lowed by the Texas state constitution and the United States bn, any such displayed or affixed religious items may not: eaten public health or safety; or Violate any law; or c. contain language, graphics or any display that is patently offensive to a passerby.
5. Approval from the Association is not required for displaying religious items in compliance with these guidelines.
6. As provided by Section 202.018, the Association may remove any items displayed in violation of these guidelines, “ATTACHMENT 4” Frisco Hickory Springs Homeowners Association, Inc.
Guidelines for Religious Item Display Page 2 of 2 FURTHERMORE, these guidelines are effective upon recordation in the Public Records of Collin County, and will remain in effect until revoked, modified or amended.
This is, to certify that the foregoing Policy was adopted by the Board at a meeting of the same held / 2/ 20/ /)} , and has not been modified, rescinded or revoked.
les fe Paul Petkoff President Frisco Hickory Spri nap OS FRISCO HICKORY SPRINGS HOMEOWNERS ASSOCIATION, INC.
GUIDELINES FOR ROOFING MATERIALS STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENTS: Sy Lr > COUNTY OF COLLIN County, Texas (referred to as the “Declaration”); and WHEREAS the Texas Legislature passed House Bill 362 which amé ) resemble the shingles used or otherwise authorized for use on property in the subdivision; ) are more durable than and are of equal or superior quality to the shingles described by subsection (a) above; and (c) match the aesthetics of the property surrounding the owner’s property.
B. The definitions contained in the Association’s dedicatory instruments are hereby
es described by subsection (a) above; and (c) match the aesthetics of the property surrounding the owner’s property.
B. The definitions contained in the Association’s dedicatory instruments are hereby incorporated herein by reference.
“ATTACHMENT 5” Frisco Hickory Springs Homeowners Association, Inc.
Guidelines for Roofing Materials Page 2 of 2 C. In the event of any conflict between these provisions and any roofing material restrictions contained in any governing document of the Association, including design guidelines, policies and the Declaration, this Roofing Materials Policy controls.
FURTHERMORE, these guidelines are effective upon recordation in the Public Records of Collin County, and will remain in effect until revoked, modified or amended.
This is to gertify that the foregoing Policy was adopted by the Board at a meeting of th< g held Z 2/20 / /t , and has not been modified, rescinded or revoked.
(29 / Paul Petkoff President Frisco Hickory Springs Hon O FRISCO HICKORY SPRINGS HOMEOWNERS ASSOCIATION, INC.
GUIDELINES FOR SOLAR ENERGY DEVICES STATE OF TEXAS § 5 KNOW ALL PERSONS BY THESE PRESENTS: § COUNTY OF COLLIN § County, Texas (referred to as the Declaration’); and WHEREAS the Texas Legislature passed House Bill 362 which ar NOW, THEREFORE, the Board h Devices within the community,.
[i wergy device means a system or to provide heating or cooling or to ices may only be installed in the following locations: e roof of the main residential dwelling on an owner’s property; or on the roof of any other approved structure; or c. within a fenced yard or patio.
5. For Devices mounted on a roof, the Devices must: a. have no portion of the Devices higher than the roof section to which it is attached; and “ATTACHMENT 6” Frisco Hickory Springs Homeowners Association, Inc.
ices mounted on a roof, the Devices must: a. have no portion of the Devices higher than the roof section to which it is attached; and “ATTACHMENT 6” Frisco Hickory Springs Homeowners Association, Inc.
Guidelines for Solar Energy Devices Page 2 of 2 b. have no portion of the Devices extend beyond the perimeter boundary of the roof section to which it is attached; and c. conform to the slope of the roof; and line for the roof section to which it is attached; and e. have a frame, brackets, and visible piping or wiring that is a color t matches the roof shingles or a silver, bronze or black tone com available in the marketplace; and f. be located in a position on the roof which is least vigtale fromé common area which does not reduce estimated a energ more than ten percent (10%), as determined by modeling tool provided by the National Renewable & (www.nrel.gov) or equivalent entity over alternaty a 6. For Devices located in a fenced yard or patio, nofpo may extend above the fence. If the fence is Devices, the Association may requir or annoyance to any adjoining property owner or Ny sensibilities.
pse guidelines are effective upon recordation in the Public Records of Collin in effect until revoked, modified or amended.
nat the foregoing Policy was adopted by the Board at a mecting of the same held , and has not been modified, rescinded or revoked.
Paul Petkoff President Frisco Hickory Springs Homeowners Association, Inc.
FRISCO HICKORY SPRINGS HOMEOWNERS ASSOCIATION, INC, DOCUMENT RETENTION POLICY STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF COLLIN § on February 17, 1998 Document number 199800217000141210 of the Official Pujsl County, Texas (referred to as the “Declaration”); and
OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF COLLIN § on February 17, 1998 Document number 199800217000141210 of the Official Pujsl County, Texas (referred to as the “Declaration”); and property owners.
NOW, THEREFORE, the Board hag ensaation date of 08/15/2011 will be retained until 08/15/2016 ject to section (d) below); and ount records of former owners shall be retained as a courtesy to that ormer owner for one (1) year after they no longer have an ownership interest in the property; and 2.5. contracts with a term of one year or more shall be retained for four (4) ycars after the expiration of the contract term (for example, a contract expiring on 06/30/2011 and not extended must be retained until 06/30/2015); and “ATTACHMENT 7 ” Frisco Hickory Springs Homeowners Association, Inc.
Document Retention Policy Page 2 of 2 2.6. minutes of meetings of the owners and the Board shall be retained for seven (7) years after the date of the meeting (for example, minutes from a 07/20/2011 board meeting must be retained until 07/20/2018); and 2.7. tax returns and CPA audit records shall be retained for seven (7) years after the last date of the return or audit year (for example, a tax return for the calendar year 2011 shall be retained until 12/31/2018); and 2.8. decisions of the Architectural Control Committee (“ACC”) or regarding applications, variances, waivers or related matters associa with individual properties shall be retained for (7) years from the dggisi date (for example, an application for a swimming pool appfoved Oy 10/31/11, must be retained until 10/31/18.)
3. Any documents not described above may be retained De f be useful to the purpose of the Association.
4, longer be considered Association records and mé deleted, purged or otherwise eliminated
1/18.)
3. Any documents not described above may be retained De f be useful to the purpose of the Association.
4, longer be considered Association records and mé deleted, purged or otherwise eliminated 5S. In the event the Association is ser ith a request for documents or the Associatiop’ ¥ povernmental relating or pertaining to ati bor litigation shall be retained indefinitely, ant suspended and shall not bé or lawsuit, or until such This is /2 not béen modified, rescinded or revoked.
KZ.) be Paul Petkoff President Frisco Hickory Springs Homeowners Association, Inc.
FRISCO HICKORY SPRINGS HOMEOWNERS, INC.
DOCUMENT INSPECTION AND COPYING POLICY STATE OF TEXAS § KNOW ALL PERSONS BY THESE PRESENTS: § COUNTY OF COLLIN § WHEREAS the Frisco Hickory Springs Homeowners, Inc. (‘‘Association”) is\charBed with administering and enforcing those certain covenants, conditions and restrictions contained in Collin County, Texas (referred to as the “Declaration”); and WHEREAS Chapter 209 of the Texas Property Code was amengé owners.
records production consistent with Section 209.005 “oe NOW, THEREFORE, the Board has dulyge Policy.
inspection and copying by owners 09.005 of the Texas Property Code.
Pursuant to Section 209.005 as Property Code, an attorney’s files l. The Association’s books are those records desig oices, are not records of the Association, are 6r production in a legal proceeding. Further, the Association is not required to release or allow ords relating to an i a of the Association, or g .
not subject to ingpegtion™s ¢ on 209.005%k), i i Oks apd re owner and/or the owner’s designated representative are referred to herein as the “Requesting Party.”
Ges The Requesting Party seeking to inspect or copy the Association’s books and records
Oks apd re owner and/or the owner’s designated representative are referred to herein as the “Requesting Party.”
Ges The Requesting Party seeking to inspect or copy the Association’s books and records must submit a written request via certified mail to the Association at the mailing address of the Association or its managing agent as reflected on the Association’s current management certificate. The request must contain sufficient detail describing the requested Association’s books and records, including pertinent dates, time periods “ATTACHMENT 8 ” Frisco Hickory Springs Homeowners, Inc.
Document Inspection and Copying Policy Page 2 of 5 or subjects sought to be inspected. The request must also specify whether the Requesting Party seeks to inspect the books and records before obtaining copies or to have the Association forward copies of the requested books and records to the Requesting Party.
4, If the Requesting Party elects to inspect the Association’s books and records, the Association shall notify the Requesting Party within ten (10) busigegs days after receiving the Requesting Party’s request of the dates during norma laess hours that the Requesting Party may inspect the requested books an “Inspection Notice’).
Association shall produce the requested books and.
after the date the Association receives the request.
provide written notice to the Requesti fT eléy Letter”) that (1) the Association is unable to produc ati ; business day after the 5. Any inspection shall tate plaeé a mistually“agreed upon time during normal business hours. All insp€cty ake place at the office of the Association’s management compan : fie Requesting Party may identify such books and records for the opy and forward to the Requesting Party. The Association may
insp€cty ake place at the office of the Association’s management compan : fie Requesting Party may identify such books and records for the opy and forward to the Requesting Party. The Association may ciated with compiling, producing and reproducing the Association’s books and records in response to a request to inspect or copy documents shall be as follows: a. Copy charges.
i. Standard paper copy. The charge for standard paper copies reproduced by means of an office machine copier or a computer printer is $0.10 per page or part of a page. Each side that contains recorded information is considered a page.
Frisco Hickory Springs Homeowners, Inc.
Document Inspection and Copying Policy Page 3 of 5 il.
ii.
Nonstandard copy. The charges in this subsection are to cover the materials onto which information is copied and do not reflect any additional charges, including labor, that may be associated with a particular request. The charges for nonstandard copies are: 1. Diskette--$ 1.00; 2. Magnetic tape--actual cost 3. Data cartridge--actual cost; 4. Tape cartridge--actual cost, 5. Rewritable CD (CD-RW)--$ ar?
6. Non-rewritable CD (CD-R)--$ 1.00; 7 8 9 Digital video disc (DVD)--§ 3 po JAZ drive--actual gast; Other electronig 10.
11.
IZ. 1 inches by 17 inches, uding maps and photographs : Mylar, blueprint, blueline, map, fkne toMocate, compile, manipulate data, and reproduce the reqhested information.
Wien confidential information is mixed with non-confidential information in the same page, a labor charge may be recovered for time spent to redact, blackout, or otherwise obscure confidential information in order to release the information. A labor charge shall not be made for redacting confidential information for requests of fifty (50) or fewer pages.
t, or otherwise obscure confidential information in order to release the information. A labor charge shall not be made for redacting confidential information for requests of fifty (50) or fewer pages.
If the charge for providing a copy of information includes costs of labor, the Requesting Party may require that the Association provide a written statement as to the amount of time that was required to produce and provide the copy, signed by an officer of Frisco Hickory Springs Homeowners, Inc.
Document Inspection and Copying Policy Page 4 of 5 the Association. A charge may not be imposed for providing the written statement to the requestor.
c. Overhead charge.
i. Whenever any labor charge is applicable to a req@ Association may include in the charges direct and indirect 8 addition to the specific labor charge. This overhead suarge cover such costs as depreciation of _ capital : the Association chooses to recover such sts, made in accordance with the methodold i (3) of this subsection. Although an exact ca h request to inspect and/or copy documents, the equesting Party to pay the estimated costs associated If the estimated cost of compilation, 2 Ce to the owner on or before the 30th business day after the an has produced and/or delivered the requested information. If the actual afint, the Association shall issue a refund to the owner within thirty (30) business days after the date the invoice is sent to the owner.
FURTHERMORE, this Policy is effective upon recordation in the Public Records of Collin County, and supersedes any policy regarding records production which may have previously been in effect. Except as affected by Section 209.005 and/or by this Policy, all other provisions contained in the Declaration or any
any policy regarding records production which may have previously been in effect. Except as affected by Section 209.005 and/or by this Policy, all other provisions contained in the Declaration or any other dedicatory instrument of the Association shall remain in full force and effect.
Frisco Hickory Springs Homeowners, Inc.
Document Inspection and Copying Policy Page 5 of 5 This js to,certify that the foregoing Policy was adopted by the Board at a meeting ofyhe same held /Zf20/1 , and has not been modified, rescinded or revoked.
Wt Vl Paul Petkoff President Frisco Hickory Springs Crowne .
ew HICKORY SPRINGS SUMMARY OF ASSESSMENT COLLECTION POLICY 1. Due Date — Assessments are payable semi-annually, due January 1, and July 1, of each year.
2. Delinquency Date — Assessments are delinquent thirty (30) days past due date.
3. Suspended Privileges — Pursuant to the Declaration, members in good standing ar&gntitled to use the common properties as defined in the Declaration. Any member family) not in good standing as of the delinquency date will have their privileges until such time as their good standing is restored.
4, Late Invoice — No sooner than thirty (30) days beyond the aos a Late Invoice to the Owner, stating that the assessments, lop outstanding balance that are outstanding. This notice will in 5. Late Fee — Any assessment not received and processed a from the due date will accrue an automatic by certified mail, the notice will state that the owner is at the assessments, along with late and any handling or and Better — No sooner than ninety (90) days beyond the due date, the account to an Attorney for collection, and legal fees and expenses incurred will be al Aetion — No sooner than one hundred twenty (120) days beyond the due date, the
(90) days beyond the due date, the account to an Attorney for collection, and legal fees and expenses incurred will be al Aetion — No sooner than one hundred twenty (120) days beyond the due date, the Association’s legal counsel may file a Notice of Lien. The attorney’s fees and expenses for this service will be added to the amount due. The Notice of Lien may be updated as necessary to secure payment of any assessment.
10. Foreclosures — Continued delinquencies will be reviewed by the Board of Directors to determine when foreclosure should be considered as an option.
“ATTACHMENT 9 ” BYLAWS OF FRISCO HICKORY SPRINGS HOMEOWNERS ASSOCIATION, INC.
ARTICLE I.
GENERAL Frisco Hickory Springs Homeowners Association, Inc. is the “AssociatiOy within the “Declaration of Covenants, Conditions and Restrictions” instrument the Hickory Springs development in the City of Frisco, Collin County, Texa being recorded in the Public Real Estate Records of Collin County, Texg herein by reference for all purposes. As used herein, the term “} atio tion of Covenants, Conditions and Restrictions recorded on the d and as the Declaration may be subsequently amended.
ARTICLE II.
DEFINITIONS A Section 1. Declaration. Unless othe ized terms used herein have the same meaning as set forth in _ Section 2. Membership. The AS have voting rights. with respect to matte ration.
GS, QUORUM, PROXIES Ss. Meetings of the Association shall be at the principal office ger Suitable place convenient to the Members as may be desigMther within the Hickory Springs development or as. convenings. The first meeting of the Members, whether a regular or all be held within one year from the date of incorporation of the Association ‘n tei months after the closing of the first sale of a Lot to a Class A Member.
eting of the Members, whether a regular or all be held within one year from the date of incorporation of the Association ‘n tei months after the closing of the first sale of a Lot to a Class A Member.
wauialefeeting shall be set by the Board so as to occur within forty-five days after the close of the Association’s fiscal year. Subsequent regular annual meetings of the Members shall be held within forty-five days of the same day of the same month of each year thereafter, at a specific date and hour set by the Board.
“ATTACHMENT 10” Section 3. Special Meeting. The President may call special meetings of the Members. The President shall call.a special meeting of the Members if so directed by resolution of a majority of a quorum of the Board of Directors or upon a petition signed by Members holding at least twenty percent of the total votes of the Members. The notice of any special meeting shall state the date, time, and place of such meeting and the purpose thereof. No business shall be transacted at a special meeting except as stated in the notice.
Section 4. Notice of Meetings. The Secretary shall cause notices to be prepared concerning each annual and special meeting of the Members, stating the purpose of any special meet- © ing and the time and place where it is to be held.
Section 5. Waiver of Notice. Waiver of notice of any meeting of the Memb deemed the equivalent.of proper notice. Any Member may, in writing, wafVe™gotiee olNgny Member, whether in person or by proxy, shall be deemed waiv, the time, date, and place thereof, unless such Member specific vote.
Section 6. Adjournment of Meetings.
cause a quorum is not present, the. Memb who are present at such meeting may agfo than thirty days from the time the orif which a quorum is present, any busik
vote.
Section 6. Adjournment of Meetings.
cause a quorum is not present, the. Memb who are present at such meeting may agfo than thirty days from the time the orif which a quorum is present, any busik At such adjourned meeting at been transacted at the meeting .
by those in attendance at the origin hs any reason a new date is fixed for the i § time and place of the adjourned meeting ing] originally called. The Members present at a duly cable, depending on the type $f whi is present may continue to do business until adcalled or held meeting af-whid journment, notwithst d _ provided that any aqigh tak be approved by the Members holding a majority of the all meetings of Members, each Member may vote in person or by all D&ixf writing and filed with the Secretary before the appointed time of Broxy shall be revocable and shall automatically cease upon loss of good ember or upon receipt of notice by the Secretary of the death or judipetence of a Member or upon the expiration of eleven months from the A form of proxy or written ballot may provide an opportunity to specify approval or disapproval with respect to any proposal.
Section 8. Majority. With respect to any action that is prescribed by these Bylaws to be taken by a single class of Members, when a quorum is present or represented at a meeting of at Anaaa.st ays weet oe the class of the Members the vote of such Members having a majority of the votes of such class of Members, present in person or represented by proxy, shall be the act of such class of Members unless a different vote is required by law, the Articles or these Bylaws. With respect to any action that is not limited by these Bylaws or the Declaration to action by a single class of Mem-
embers unless a different vote is required by law, the Articles or these Bylaws. With respect to any action that is not limited by these Bylaws or the Declaration to action by a single class of Members, when a quorum is present or represented at a meeting of the Members the vote of Members having a majority of the votes of Members, present in person or represented by proxy, shall be the act of the Members unless.a different vote is required by law, the Articles or these Bylaws.
Section 9. Quorum. Except as otherwise provided in these Bylaws or in fhe Weclaration, the presence in person or by proxy of any class of Members entitled to vote at leaS{50 of all of all tecelutions adopted at the meeting, as well as a record of meeting.
the voting Members at a regular or special meeting may b the extent permitted by applicable Texas law. > Section 12. Rules and Regulations.
murers and inspectors of votes; the .
istration of Members for voting purAssociat® a. Howser, 7D aphtaiing with the third annual meeting of Members and continuing thereafter, Board shall be expanded to consist of five Directors, three of whom shall be elected by the Class B Members and two of whom shall be elected by the Class A Members.
Beginning with the seventh annual meeting of Members and continuing thereafter, the Board shall still consist of five Directors, all of whom shall be elected by the Class A Members.
S247 JOINING. 27542 Prove j XO.
(b) Except for Class B Directors, each Director must be a Member. Directors shall be elected for two year terms of office and shall serve.until their respective successors are elected and qualified. Any vacancy which occurs in the Board by reason of death or resignation of a
shall be elected for two year terms of office and shall serve.until their respective successors are elected and qualified. Any vacancy which occurs in the Board by reason of death or resignation of a Director may be filled at any meeting of the Board by the affirmative vote of a majority of the remaining Directors representing the same class of Members who elected the Director whose position has become vacant. Any Director elected to fill a vacancy shall serve as such until the expiration of the term of the Director whose position he or she was elected to fill.
(c) . The term “Class A Director” means each Director elected by bers or the other Class A Directors. The term “Class B Director” means each Diré the Class B Members or the other Class B Directors.
Section 3. Nomination of Directors. Prior to each annual meeting.
respect to those Directors for which Class A Members alone elect, scribe: (a) (b) (c) (d) girs. This Section applies with respect to those Direcregular or special meeting of Members duly called, A Members,and @ q shen and there be elected to fill the vacancy thus created. A Class A Directo e akas been proposed by the Class A Members shall be given at least five da i a calling of the meeting and the purpose thereof and shall be given ap/OpportunitAto ba head At the meeting. Additionally, any Class A Director who has three cS i susell absences from Board meetings or who is delinquent in the payment of an a re than sixty days may be removed by a majority vote of the remaining Class i and his or her successor shall be elected by the remaining Class A Directors.
Section 5. Removal of Class B Directors. This Section applies with respect to the initial
ty vote of the remaining Class i and his or her successor shall be elected by the remaining Class A Directors.
Section 5. Removal of Class B Directors. This Section applies with respect to the initial Directors named in the Articles and those Directors elected or appointed by the Class B Members. The Class B Members may, at any time and from time to time, remove any initial Director and Director theretofore elected or appointed by the Class B Members. Additionally, any Class eae B Director who has three consecutive unexcused absences from Board meetings may be removed by a majority vote of the remaining Class B Directors. In the event of the removal of a Class B Director, his or her successor shall be elected by the remaining Class B Directors and shall serve for the unexpired term of the predecessor.
Section 6. Organization Meetings. The first meeting of the members of the Board of Directors following each annual meeting of the Members shall be held within ninety days after the annual meeting of Members at such time and place as shall be fixed by the Board.
Section 7. Regular Meetings. Regular meetings of the Board of Directorsgha be held at such time and place as shall be determined from time to time by a majority of i Notice of the time and place of the meeting shall be communicated to Directors met four days prior to the meeting; provided, however, notice of a meeting need ng#bexgi Director who has signed a waiver of notice or a written consent to holding gf the vance notice of the meeting(s) at which the annual budget and/ e lev ments are likely to be discussed shall be reasonably publicized.
and shall specify the time and place of the meeting and the fiat ayy sypeciZ considered. The notice shall be given to each Di y dne bf the follqwing methods: (a) by
sed shall be reasonably publicized.
and shall specify the time and place of the meeting and the fiat ayy sypeciZ considered. The notice shall be given to each Di y dne bf the follqwing methods: (a) by personal delivery; (b) written notice by first clj gid; munication, either directly to the Director orto @ would reasonably be expected to commypticate s tices sent by first class mail shall be depésitedy before the time set for the meeting. Notités give shall be delivered, telephoned, o : meeting.
Section 9. Waiver of Not LY ot present signs a written waiver of notice, a consent to ax approydél of the minutes. The waiver of notice or consent need not she meeting. Notice of a meeting shall also be deemed given to any Digetifig without protesting before or at its commencement about the by payéonal delivery, telephone, or facsimile enty-two hours before the time set for the majority OK the Dizettors shall constitute a quorum for the transaction of business, and the votes of a majority OF the Directors present at a meeting at which a quorum is present shall constitute the decision of the Board of Directors. A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of Directors, if any action taken is approved by at least a majority of the required quorum for that meeting. At such adjourned meeting at which a quorum is. present, any business which might have been transacted at the meeting originally called aay be transacted without further notice.
Section 11. Compensation. ‘Unless aiharwies approved in advance by a majority vote of those Class A Members present (or represented by proxy) and by a majority vote of those Class B Members present (or represented by proxy), ata regular or special meeting of the Association,
ty vote of those Class A Members present (or represented by proxy) and by a majority vote of those Class B Members present (or represented by proxy), ata regular or special meeting of the Association, no Director shall receive any compensation from the Association for acting as such.
Section 12. Open Meetings. All meetings of the Board (excluding wor.
and meetings to discuss personnel, litigation and other similar confidential maq extent possible be open to all Members, but Members other than Directors may shop meetings — Directors from time to time:.
(a) the Directors shall publish a meeting agenda ang opportunity to express their opinions concerning taking any formal action; and (b) the Directors shall allow an “open” or,”new # which any Member can express ously non-discussed matter. The sonably limit the number of speaker, and to adoptother have the right to reaeach presentation and reconvene in executive session to dis the Association is or may become invo fese Bylaws directed to be done and exercised exclusively by the Members.
The Board‘w&DirtCtors may delegate to one or more of its members the authority to act on behalf of the Board of Directors on all matters relating to the duties of, and/or matters directly or indirectly pertaining to the Managing Agent, if any, which might arise between meetings of the Board of Directors. In addition to the duties imposed by these Bylaws or by any resolution of the Association that may be’ hereafter adopted, the Board of Directors shall have‘the power to and be responsible for the following, in way of explanation, but not limitation: (a) preparation and adoption of an annual budget in which there shall be established the regular maintenance Assessment rate charge;
ble for the following, in way of explanation, but not limitation: (a) preparation and adoption of an annual budget in which there shall be established the regular maintenance Assessment rate charge; (b) making assessments to defray the common expenses and establishing the means and methods of collecting such assessments; (c) . providing for the operation, care, upkeep, and maintenance of Properties; (d) designating, hiring, and dismissing the personnel necessary fg such personnel and for the purchase of equipmenyfWNie% a used by such personnel in the performance of their du’s (e) collecting the assessments, depositing the progé it shall approve, and using the me to ad g insurance against casualties and liabilities, as provided in and paying the premium cost thereof; “ping” books with reasonably detailed accounts of the receipts and expendipe"affecting the Association and its administration, specifying the maintenance and repair expenses and any other expenses incurred. The books and vouchers accrediting the entries thereupon shall be available for examination by the Members.and bona-fide mortgagees, their respective duly authorized agents, accountants, or attorneys, during general business hours on working days at the PPS: MONG Aas ot MUTI FITS CESS time and ina manner that shall be set and announced by the Board of Directors for the general knowledge of the Members; and ties; and (n) permit utility suppliers.to use portions of the Common Properties reasonably (m) filing all requisite forms, documents and information with any taxing authorinecessary to the ongoing development or operation of the Common Properties.
a&Association Mabe some-
rties reasonably (m) filing all requisite forms, documents and information with any taxing authorinecessary to the ongoing development or operation of the Common Properties.
a&Association Mabe someSection 16. Management Agent. The Board of Directors may employ fog a professional management agent(s) or executive manager (each and all of who times referred to herein as the (“Managing Agent”) at a compensation established b (a) operations, capital improvements, repair, replacement'y Properties where such proposed borrowing annual budget of the Association; a d any Such borrowing proposal shall ourths of the individuals comof a hearing and other similar “due procfnodified, revised, clarified or repealed and replaced by the Board, the foll@ a fine, suspend voting, initiate’, legal ppédce¢ding (unless extraordinary circumstances exist) or infringe upon any o f or Resident for violations of rules unless and until _ the following demand to cease and desist from an alleged violations be aileged violator specifying: the action required to abate the violation; and (iii) a time period, not less than five (5) days, during which the violation must be abated without incurring further sanctions, if such violation is a continuing one, or a statement that any further violation of the same rule EoD gD oem g we eN, oe Dor CES GL e may result in the imposition of a sanction if the violation is not a continuing one.
(b) Notice. At any time within twelve (12) months of such demand, if the violation continues past the period allowed in the demand for abatement without penalty or if the same rule is subsequently violated, the Board or its delegate shall furnish the violator with written notice of a hearing to be held by the Board (in ex-
mand for abatement without penalty or if the same rule is subsequently violated, the Board or its delegate shall furnish the violator with written notice of a hearing to be held by the Board (in executive session) or its delegate. The notice shall contain: (ii) the time and place of the hearing, which time shall not be le (5) days from the giving of the notice; (iii) an invitation to attend the hearing and proda¢e any, or witness on behalf of the alleged violato: (iv) _ the proposed sanction to be imposed.
(c) Hearing. The hearing shall be held in execug afford the Member or Resident a re i be heard. Prior to the effectiveness of any sanction h Mwotic¢g agd the invitation to be heard shall be placed in the mj adequate if a copy of the natice ner of delivery, is entere notice. The notice requi appears at the meeting.
statement of the results of atément of the date and man% or agent who delivered such d/satisfied if the alleged violator .
e meeting shall contain a written ARTICLE V OFFICERS officers to have*the authority and to perform the duties prescribed from time to time by the Board of Directors. Any two or more offices may be held by the same person, excepting the offices of President and Secretary.
5341, 001/969-31025,0 Section 2. Election, Term of Office, and Vacancies. The officers of the Association shall be elected annually: by the Board of Directors at the first meeting of the Board of Directors following each annual meeting of the Members. A vacancy in any office arising because of death, resignation, removal, or otherwise may be. filled by the Board of Directors for the unexpired portion of the officer’s term of office.
Section 3. Removal. Any officer may be removed by the Board of Directors whenever in
l, or otherwise may be. filled by the Board of Directors for the unexpired portion of the officer’s term of office.
Section 3. Removal. Any officer may be removed by the Board of Directors whenever in their judgment the best interests of the Association will be served thereby.
Section 4. Duties.
(a) President. The President shall be the chief executive officer of the the President shall preside at all meetings of the Members and orders and resolutions of the Board are carried into effect perform such other duties and have such othe Board of Directors may, from time to time, prescrilag* (b) Secretary. The Secretary shall attend all meeting ceedings in a book to be kept for th for committees when required.
(c) équit ted bythe Board of Directors, the Treasurer shall give the Associasuch}form and amount as shall be Ssalisiactory to the board) for “ae fO2 ‘ (d) Additional Officers.. Additional officers of the Association shall each have such powers and duties as may from time to time be specifically conferred or imposed by the Board of Directors.
Section 5. Resignation. Any officer may resign at any time by giving written notice to the Board of Directors, the President, or the Secretary. Such resignation shall take effect on the date of the receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
contracts, east one Section 6. Agreements, Contracts, Deeds, Leases, Checks. All agreengént® deeds, leases, checks, and other instruments of the Association shall be executed’ (1) officer or by such other person or persons as may be designated by resolution 6 oard of Directors.
ARTICLE VI O COMMITTEES
ases, checks, and other instruments of the Association shall be executed’ (1) officer or by such other person or persons as may be designated by resolution 6 oard of Directors.
ARTICLE VI O COMMITTEES 5 Rules of Order (current edition) shall govern the conduct not in conflict with Texas law, the Articles of Incorporathe Declaration, and these Bylaws, then the provisions of Texas law, the es and the Bylaws (in that order) shall prevail.
Section 4. Books and Records.
(a) Inspection by Members. The membership register, books of account, and minutes of meetings of the Members, the Board, and committees shall be made LF (b) ) Section 5. Amendments. The Boagd4ng adopt new Bylaws. .
available for inspection and copying by any Member of the Association or by his or her. duly. appointed representative at any reasonable time during normal business hours and for a proper purpose reasonably related to his or her interest as a Member at the office of the Association or at such other place as the Board shall prescribe.
Rules for Insp ection. The Board may establish reasonable rules with respect to: (i) (it) (iti) (iv) 1.003/009:31042.4 notice to be given to the custodian of the records by the to make the inspection; apiber desiring » hours and days of the week when such an inspection may bey payment (or prepayment) of the cost of reproducin 1 maintenance of confidentiality with respect té er, atkendor repeal the Bylaws and may 01/05/98 MON 16.33 FAA 214 969 5902 GOINS , UNDERKOFLER Qoos FILED in the Offi Secretary of Stats of faxas JAN 0S 1998 ARTICLES OF INCORPORATION OF Corporations Section FRISCO HICKORY SPRINGS HOMEOWNERS ASSOCIATION, INC.
ARTICLE | The name of the corporation is Frisco Hickory Springs Homeowners A Inc.
ARTICLE II
1998 ARTICLES OF INCORPORATION OF Corporations Section FRISCO HICKORY SPRINGS HOMEOWNERS ASSOCIATION, INC.
ARTICLE | The name of the corporation is Frisco Hickory Springs Homeowners A Inc.
ARTICLE II The corporation is a non-profit corporation o The period of duration of the corpor cS) (a) To act as the “Declaration of Covenants, to the Hickory Springs resige Restrictions (the “Declaration”) pertaining Aloprhent project within the City of Frisco, Collin All be recorded in the Official Public Records of dando exercise all powers, rights, and privileges that a Texas Non-Profit Corporation Act by law may now or ARTICLE V bordtion shall have one or more classes of members. The designation of such*elass Of claéses, the manner of election or appointment and the qualifications and rights o “embers of each class shall be as set forth in the Declaration and the bylaws of the corporation.
“ATTACHMENT 11” 491 001/005.43850 -1. ' 01/05/98 MON 16 34 FAX 214 969 5902 GOINS , UNDERKOFLER ARTICLE VI The corporation shall indemnify and advance expenses to all directors, officers, employees and agents of the corporation to the extent that the corporation 1s permitted to indemnify such persons under applicable law.
ARTICLE VII The street address of the corporation’s initial registered office is 922 Suite 100, Plano, Texas 75074, and the name of its initial registered agen} is Charles L. Hicks.
ARTICLE VIII The number of directors constituting the initial be L. B. Showalter Charles L. Hicks David Howard 922 22nd Street Suite 100 Plano, Texas 75074 ARTICLE IX duress of the incorporator is: D. Langdon Elm Street, Suite 3300 as, Texas 75201 Filed and Recorded Official Public Records Stacey Kempe. County Clerk Celliin County, TEXAS 12/30/2011 16.46:02 AM $164.00 DFOSTER
he incorporator is: D. Langdon Elm Street, Suite 3300 as, Texas 75201 Filed and Recorded Official Public Records Stacey Kempe. County Clerk Celliin County, TEXAS 12/30/2011 16.46:02 AM $164.00 DFOSTER 49€1.001/005°43850 a 20111230001413106 (005