THIS DOCUMENT IS BEING RE-RECORDED FOR THE PURPOSE OF ATTACHING EXHIBIT "A" AMENDMENT NO. 1 TO THE BYLAWS OF OAKWOOD GLEN SWIM AND RACQUET CLUB ASSOCIATION, INC.
Pursuant to a resolution passed on March 1992 by the Board of Directors of Oakwood Glen Swim and Racquet Club Association, Inc. (the "Association") and approved by Owners of the Association representing an aggregate ownership interest of at least fifty-one percent (51%) of the voting interest in the Association, the byLaws (the "By-Laws") of the Association are modified as follows: ARTICLE II 1. Delete in its entirety Article II., Paragraph 2, entitled Classes of Membership., and in its place, substitute the following: 112.
two officia Classes of Membership.
classes of Members: The Association shall have 1. Class A. Class A Members shall be all Members with the exception of the Non-Occupant Owners. A Class A Member shall be entitled to one vote for each Lot in which he holds the interest required for membership.
2.
Class B. Class B Members shall be all NonOccupant Owners Class B Members shall not have any voting rights.
the Board Class B Members shall be obligated to pay monthly Assessments as directed by of Directors, provided such monthly per lot are no greater than fifty Assessments percent (50%) of the monthly Assessment per lot of a Class A Member.
ARTICLE W.
1.
Delete Article IV, Paragraph 1 on page 4 of the Bylaws, entitled Number and Qualification, in its entirety and insert in place thereof the following: 1 94-0016645 94-0016645 0016645 92-0057072 2.
3.
4.
5.
6.
7.
8.
9.
10.
"1. Number and Qualification. The Board of Directors shall consist of five (5) Owners, who shall govern the affairs of the Association until their successors have been duly elected and qualified."
10.
"1. Number and Qualification. The Board of Directors shall consist of five (5) Owners, who shall govern the affairs of the Association until their successors have been duly elected and qualified."
In the third (3rd) line of Article IV, Paragraph 3 on page 4 of the Bylaws, entitled Other Powers and Duties, add the phrase "and Non-Occupant Owners" between the words "Owners" and "of".
In the third (3rd) line of Article IV, Paragraph 3 (e) on page 5 of the Bylaws, insert the words "and Non-Occupant Owner" between the words "Owners" and "to".
In the fourth (4th) line of Article IV, Paragraph 3 (e) on page 5 of the Bylaws, insert the words and NonOccupant Owners" between the words Owners" and "according".
In the second (2nd) line of Article IV Paragraph 3 (f) on page 5 of the Bylaws, insert the words "or NonOccupant Owner" between the words "Owner" and "who".
In the fifth (5th) line of Article IV, Paragraph 3 (j) on page 6 of the Bylaws add the words "and Non-Occupant Owners" between the words "Owners" and "and".
In the fourth (4th) 1line of Article IV, Paragraph 3 (k) on page 6 of the Bylaws, insert the words "and NonOccupant Owners" after the word "Owners".
In the first (1st) line of Article IV, Paragraph 3 (1) on page 6 of the Bylaws, insert the words "and Non-Occupant Owner" between the words "Owner" and "a".
In the effourth (4th) line of Article IV, Paragraph 3 (q) (i) on page 7 of the Bylaws, insert the words "and NonOccupant Owners after the word "Owners".
On page 7 of the Bylaws, add the following paragraph at the end of Article IV., Paragraph 3: "(r) To represent the Members in the maintenance and enforcement of the Restrictive Covenants applicable to Oakwood Glen, an Addition to the City of Plano, Collin
the end of Article IV., Paragraph 3: "(r) To represent the Members in the maintenance and enforcement of the Restrictive Covenants applicable to Oakwood Glen, an Addition to the City of Plano, Collin County, Texas, Recorded in Volume 1892, Page 167 of the Deed Records of Collin County, Texas, as heretofore or hereafter amended."
2 11.
Delete Article IV, Paragraph 5 on page 7 of the Bylaws, entitled Election and Term of Office, in its entirety and insert in place thereof the following: "5.
Election and Term of Office. At the 1992 Annual Meeting of the Association, there shall be elected five (5) directors, three (3) of whom shall be elected to serve for two (2) year terms and two (2) of whom shall be elected to serve for one (1) year terms. Upon the expiration of those terms, successor directors shall each be elected to serve a term of two (2) years. The directors shall hold office until their successors have been elected and hold their first meeting, except as may be otherwise provided in these Bylaws."
ARTICLE V.
1.
2.
18 In the second (2nd) line of Article V on page 9 of the Bylaws, entitled Fiscal Management, insert the words "and Non-Occupant Owners" between the words "Owners" and "as".
In the first (1st) line of the second (2nd) paragraph of Article V on page 9 of the Bylaws, entitled Accounts, add the words "and Non-occupant owners" between the words "Owners" and "by" ARTICLE VIII.
1. In the third (3rd) line of Article VIII, Paragraph 1 on page 13 of the Bylaws, entitled Amendments to Bylaws, delete the phrase "in any regular" and substitute in lieu thereof the phrase "at any annual".
ARTICLE n 1.
2.
Change the title of Article X on page 14 of the Bylaws from Obligations of the Owners to Obligations of the Owners and Non-Occupant Owners.
in lieu thereof the phrase "at any annual".
ARTICLE n 1.
2.
Change the title of Article X on page 14 of the Bylaws from Obligations of the Owners to Obligations of the Owners and Non-Occupant Owners.
Delete in its entirety the second sentence in Article X, Paragraph 1 (a) on page 14 of the Bylaws, entitled Monthly Assessments, and in its place, substitute the following: 3.
4.
5.
6.
7.
8.
"After monthly Assessments have been set by the Board of Directors, the Board of Directors shall prepare and deliver or mail to each Owner and Non-Occupant Owner an individual statement of the Owner's or Non-Occupant Owner's monthly Assessment; thereafter, monthly statements shall be prepared and delivered or mailed only in the event of a change in the monthly Assessment, the levying of a special Assessment or in the event an Owner or Non-Occupant Owner becomes delinquent in payment of the monthly Assessments."
In the fourth (4th) line of the second (2nd) paragraph of Article X, Paragraph 1 (a) on page 14 of the Bylaws insert the words "and Non-Occupant Owners between the words "Owners" and "to".
In the eighth (8th) line in Article X Paragraph 1 (a) on page 15 of the Bylaws, insert the words "and Non-Occupant Owners" after the word "Owners", official In the sixth (6th) line in Article X, Paragraph 1 (b) on page 15 of the Bylaws, entitled Special Assessments, insert the words "and Non-Occupant owners" after the word "Owner".
In the third (3rd) line of Article X, Paragraph 1 (e) on page 16 of entitled Owner's Personal Obligation for Payment of Assessments, insert the words "or Non-Occupant owner" between the words "Owner" and "thereof".
Delete in its entirety the first (1st) sentence of the second (2nd) paragraph of Article X, Paragraph 1 (e) on page 16 of the Bylaws!
s "or Non-Occupant owner" between the words "Owner" and "thereof".
Delete in its entirety the first (1st) sentence of the second (2nd) paragraph of Article X, Paragraph 1 (e) on page 16 of the Bylaws!
Delete the word "such" from the second (2nd) sentence of the second (2nd) paragraph of Article X, Paragraph 1 (e) on page 16 of the Bylaws.
Delete Article X, Paragraph 2 from page 16 of the Bylaws, entitled vendor's Lien, and in its place substitute the following: "2 Vendors Lien, The obligations of each Owner and NonOccupant Owner to pay Assessments shall be secured, to the extent such Owner's and Non-Occupant Owner's Lot was acquired from Declarant or a prior Owner or Non-Occupant Owner, by a vendor's lien retained in said Owner's or Non-Occupant Owner's deed to his Lot."
10.
11.
In the first (1st) line of Article X, Paragraph 3 (a) on page 16 of the Bylaws, insert the words "and Non-Occupant Owner" between the words "Owner" and "shall".
In the first (1st) line of Article X, Paragraph 3 (b) on page 16 of the Bylaws, insert the words "and Non-Occupant Owner" between the words "Owner" and "shall".
Except as amended hereby, the Bylaws shall remain in full force and effect.
CERTIFICATE OF SECRETARY The undersigned, being the duly elected and acting Secretary of the Association, hereby certifies that the foregoing Amendment was approved by Owners representing an aggregate ownership interest of at least fifty-one percent (51%) of the voting interest in the Association, on March 17, 1992.
Rump Unoffi 5 AMENDMENT NO. 1 TO THE DECLARATION OF DEED RESTRICTIONS AND MASTER DEED OAKWOOD GLEN SWIM AND RACQUET CLUB ASSOCIATION, INC.
THIS AMENDMENT NO. 1 TO THE DECLARATION OF DEED RESTRICTIONS AND MASTER DEED (the "Amendment"), made and entered
EED RESTRICTIONS AND MASTER DEED OAKWOOD GLEN SWIM AND RACQUET CLUB ASSOCIATION, INC.
THIS AMENDMENT NO. 1 TO THE DECLARATION OF DEED RESTRICTIONS AND MASTER DEED (the "Amendment"), made and entered into on the date hereafter set forth, by the undersigned: BACKGROUND FACTS A. David R. Williams (the "Declarant") established the Declaration of Deed Restrictions and Master Deed (the "Master Deed") regarding the Oakwood Glen Swim and Racquet Club Association, Inc. as recorded in Volume 2455, Page 513, Deed Records, Collin County, Texas.
B.
ن D.
The undersigned constitute the owners of an aggregate of at least fifty-one percent (51%) of the voting interest in the Association.
Pursuant to the provisions of Section 7.6 of the Master Deed, the undersigned may amend the Master Deed.
The undersigned desire to modify the rights and obligations of the Owners and the Non-Occupant Owners under the Master Deed, as more particularly described below.
TERMS AND CONDITIONS NOW, THEREFORE, the Master Deed is hereby amended to read as follows: ARTICLE I 12 Section 1.2 is hereby deleted in its entirety and in its place, substitute the following: "Assessment" shall mean the assessment made and levied against each Owner and his Lot and against each NonOccupant Owner and his Lot for that portion of the cost of maintaining, improving, repairing, operating, and managing the Common Elements, including reserves for replacements, which is to be paid by each Owner and Non-Occupant Owner as determined by the Association in accordance with this Declaration and the Bylaws.
6 L ARTICLE IV 4.1 In the sixth (6th) line of Section 4.1 on page 4 of the Master Deed, insert the words "and Non-Occupant Owners" in between the words "Owners" and "of".
s Declaration and the Bylaws.
6 L ARTICLE IV 4.1 In the sixth (6th) line of Section 4.1 on page 4 of the Master Deed, insert the words "and Non-Occupant Owners" in between the words "Owners" and "of".
In the seventh (7th) line of Section 4.1 on page 4 of the Master Deed, insert the words "Non-Occupant Owner" between the words "Owners" and "of".
4.5 Delete in its entirety the first (1st) sentence of paragraph 4.5 on page 5 of the Master Deed, and insert in place thereof the following: "The Association shall have a Board of Directors (the "Board") composed of not less than three (3) nor more than nine (9) directors, which number shall be specified in the Bylaws of the Association. Each director must be an Owner."
ARTICLE V 5.1.
G In the first three (3) ines of Section 5.1 on page 5 of the Master Deed, delete the phrase "Declarant, for each Lot owned within the Project, hereby covenants, and each Owner of any Lot, other than Declarant" and substitute in lieu thereof the following phrase: "Each Owner and Non-Occupant Owner of any Lot.
On the tenth (10th) line of Section 5.1 on page 5 of the Master Deed, insert the words "and Non-Occupant Owner" between the words Owner" and "of".
5.3.
Delete in its entirety the first (1st) sentence of Section 5.3 on page of the Master Deed, and substitute in its place the following "All Owners and Non-Occupant Owners shall be obligated to pay the Assessments imposed by the Board of Directors of the Association".
In the second (2nd) sentence of Section 5.3 on page 6 of the Master Deed, delete the phrase, "other than those owned by the Declarant, equally."
The third (3rd) sentence of Section 5.3 on page 6 of the Master Deed is hereby deleted in its entirety.
On the twelfth (12th) line of Section 5.3 on page 6 of the
ose owned by the Declarant, equally."
The third (3rd) sentence of Section 5.3 on page 6 of the Master Deed is hereby deleted in its entirety.
On the twelfth (12th) line of Section 5.3 on page 6 of the Master Deed, insert the words 21 or Non-Occupant Owner" between the words "Owner" and "in".
-27 5. .4. In the second (2nd) sentence of Section 5.4 on page 6 of the Master Deed, delete the phrase "other than those owned by Declarant, equally".
Delete the third (3rd) sentence in its entirety from Section 5.4 on page 6 of the Master Deed.
In 5.6. Delete in their entirety the first (1st) two (2) sentences of Section 5.6 on page 7 of the Master Deed.
the third (3rd) sentence of Section 5.6 on page 7 of the Master Deed, delete the phrase "such a Person and substitute in lieu thereof, the phrase "an Owner or a NonOccupant Owner."
5.9 Delete Section 5.9 on page 7 of the Master Deed in its entirety and in its place, substitute the following: In no "5.9. Assessments and Obligation of Owners and NonOccupant Owners. The Board shall have discretion to create different monthly Assessments and/or charges between the Non-Occupant Owners and the owners.
event shall the monthly Assessment and/or charge per Lot for a Non-Occupant Owner exceed fifty percent (50%) of the monthly Assessment and/or charge per Lot for the Owner.
ARTICLE VI Add the following paragraph at the end of Section 6.1 on page 8 of the Master Deed: "6.1.8. Represent the Members in the maintenance and enforcement of the Restrictive Covenants Applicable to Oakwood Glen, an Addition to the city of Plano, Collin County, Texas, recorded in Volume 1892, Page 67 of the Deed Records of collin County, Texas, as heretofore or hereafter amended.".
ARTICLE VIA On page 12 of the Master Deed, delete Section 7.13 in its entirety.
xas, recorded in Volume 1892, Page 67 of the Deed Records of collin County, Texas, as heretofore or hereafter amended.".
ARTICLE VIA On page 12 of the Master Deed, delete Section 7.13 in its entirety.
In the event a conflict arises between the provisions of the Master Deed and this Amendment, this Amendment shall supersede such other part of the Master Deed to the extent necessary to eliminate any such conflict but no further. All terms which are defined in the Master Deed shall have the same meaning when used herein.
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