Henry Oddo Austin & Fletcher, P.C.
Ne 3850 Bank One Center 1717 Main Street Dallas, Texas 75201 CERTIFICATE AND MEMORANDUM OF RECORDING OF ASSOCIATION DOCUMENTS FOR HEATHERW ESTATES HOMEOWNERS ASSOCIATION, PHAS on STATE OF TEXAS § . 8 COUNTY OF TARRANT § The undersigned, as attorney for Heatherwood Estate meo s Association, Phase 3, Inc., for the purpose of complying with Section 202.086 Wthe Tex operty Code and to provide public notice of the following instruments affectin ry y of property described on Exhibit B attached hereto, hereby states that the instru A ereto are true and correct copies of the following: (a) ed hereto are subject to the foregoing documents.
TNESS WHEREOF, Heatherwood idles Homeowners Association, Phase 3, Inc.
has caused this Certificate and Memorandum of recording of Association documents to be effective as of the 1* day of January, 2000.
-1Unofficial Copy or i ithe a 2 : ay ae HEATHERWOOD ESTATES HOMEOWNERS ASSOCIATION, PHASE 3, INC.
STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned Notary Public, on this day persg Austin, Jr., attorney for Heatherwood Estates Homeowners Association, Phf to be the person whose name is subscribed on the foregoing inst ndacka he executed the same for the purposes therein expressed and if the cap Erein stated.
GIVEN UNDER MY HAND AND AFFIRMED SE ICE on this 23" day of February, 2000.
KELLEY TIDWELL Notary Public, Srare of Texas My Commission Expires Septemher 15, 2003 3.
: Unofficial Copy : 1 the Office ot the ~ucretary ot State of Texas ' FILED ARTICLES OF INCORPORATION wap yo 1995 OF HEATHERWOOD ESTATES HOMEOWNERS ASSOCIATION, PHASE 3, INC. Jarcorations Section
: Unofficial Copy : 1 the Office ot the ~ucretary ot State of Texas ' FILED ARTICLES OF INCORPORATION wap yo 1995 OF HEATHERWOOD ESTATES HOMEOWNERS ASSOCIATION, PHASE 3, INC. Jarcorations Section I, the undersigned natural person of the age of eighteen (18) years or more, acting as incorporator of a corporation under the Texas Non-Profit Corporation Act, hereby adopt the following Articles of Incorporation for a non-stock, non-profit corporation: ARTICLE I Definitions The fallowing words when used in these Articles of Incorf following meanings: (a) "Corporation" or “Association” means the co} (b) “Owner” means and refers to every gis a fee estate or undivided fee estate in any Lot. ' persons or entities who hold an interest merely obligation. © (c) “Member" means each Own upon any recorded subdivision map of the Area.
erties" that certain real property described in tereof, and any addition brought within the jurisdiction Declaration" means and refers to that certain Declaration of: Covenants, Conditiois“and Restrictions for Heatherwood Estates,. Phase 3, applicable to-the Property - executed by Centennial Homes, Inc. and recorded in the office of the County Clerk of Tarrant County, Texas, as the'same may be amended or supplemented from time to time as therein provided.
1 + EXHIBIT A-1 -l-.
: : Unofficial Copy «Ton ray ath Nia f with to Ba LE B.3 | ARTICLE I The name of the Corporation is Heatherwood Estates Homeowners Association, Phase 3, Inc. ' , ARTICLE [il This Corporation is a non-profit corporation. The general purposes for which it is formed are to promote the health, safety and welfare of the Members and to provi maintenance of the Common Properties. The specific purposes for which thi is formed include (but shall not be limited to) the following: t
te the health, safety and welfare of the Members and to provi maintenance of the Common Properties. The specific purposes for which thi is formed include (but shall not be limited to) the following: t (a) To borrow money and to acquire (by gift, purchase or 9 improve, build upon, operate, maintain, canvey, sell, lease, transfey of otherwise dispose of real or personal property in conpe Corporation.
(b) To maintain the Common Properties for 4 (c) To exercise all'of the powers and p Neges and to perform all of the duties and obligations of the Corporation as set fort eclaration, reference to which is hereby made for all purposes.
Cr by any lawful means of, all charges a Declaration and to pay all expenses in expenses incident to the conduct. of the enses, taxes or governmental charges which may (d) ‘To fix, levy, collect and a or assessments provided for, by the séTiips be levied or imposed a Corporation.
(ec) Insofar,as-Qenmitted by law, to do any other thing that in the opinion of the Board of Directors # iOsé the common benefit and enjoyment of the residents of the Property; provided : utaWle to any member, director or officer of the Corporation, or any exsept that reasonable compensation may be cpa for services rendered ities of the Corporation shall be carrying on propaganda or otherwise influence legislation or participating in or intervening in (including the of distribution of Statements), any political campaign on behalf of any candidate woo . - os ARTICLE IV The address of the initial registered office of the Corporation is 200 Crescent Court, Suite 1500, Dallas, Texas 75201, and the n name of its initial registered agent at such address is Charles C. Jordan. ' U “2Unofficial Copy wi SST TT eh wat ote I | { | ARTICLE V f
0 Crescent Court, Suite 1500, Dallas, Texas 75201, and the n name of its initial registered agent at such address is Charles C. Jordan. ' U “2Unofficial Copy wi SST TT eh wat ote I | { | ARTICLE V f The period of duration ‘of the Corporation is perpetual.
ARTICLE VI The business and affairs of the Corporation shall be managed by a Board of three (3) Directors, who need not be Members of the Corporation. The number of Directgts may than three (3) nor more than nine (9). The names and addresses of the persok to act initially in the capacity of Directors until the selection of their success Don Allen Nick Serris Texas 75240 John Kackley ennial Homes, Inc.
The name-and (2) address of the incorporator is Charles C. Jordan, 200 Crescent Court, Suite 15 2 é ARTICLE VHI ry pergon or entity who is now or hereafter becomes an Owner shall automatically ea the Corporation, and membership shall be appurtenant to and may not be separate fr6m ownership of any Lot which is subject to assessment by the Corporation.
ARTICLE IX The Corporation shall fev two classes of voting membership: Class. A and Class B, and each respective class shall have the voting rights provided in the Declaration.
Unofficial Copy 1 t | | | ARTICLE X - Any action required by the Texas Non-Profit Corporation Act to be taken at a meeting of the members or directors of the Corporation may be taken without a meeting if a consent in writing, setting forth the action to be taken, is signed by a sufficient number of members or directors as would be necessary to take that action at a meeting at which all the members .or directors were present and voted.
ARTICLE XI The Corporation shall have no stock or shares.
ARTICLE XI me "Sth ue Hi Tigh, & Pm, pee al eae een Pah lidation, j assets both real and
all the members .or directors were present and voted.
ARTICLE XI The Corporation shall have no stock or shares.
ARTICLE XI me "Sth ue Hi Tigh, & Pm, pee al eae een Pah lidation, j assets both real and personal of the Corporation shall be dedicated (or contribt case of reserve funds or Other cash sums) to an appropriate public agengywo be déxg O purposes as nearly as practicable the same as those in which they were re be devoted by the Corporation.
In the event that such dedication is refused age such assets shail be granted, conveyed and assigned to any non-profit corpof9ti ociation, trust or organization engaged in activities substantially similar (rporation and which are qualified as exempt organizations under the Intern Cade of 1986 or the corresponding provisions of any United States Inte 4.
Unofficial Copy wee i. fell.
Tityctette 9 a?"
ft [Pte lod, ae tos ard nu hei tas 3 re om i | BY-LAWS OF HEATHERWOOD ESTATES HOMEOWNERS ASSOCIATION, PHASE 3, INC.
A TEXAS NON-PROFIT CORPORATION ARTICLE I , NAME AND LOCATION The name of the corporation is Heatherwood Estates Homeowners - Phase 3, Inc., hereinafter referred to as the "Association." The principé corporation shall be located at 5757 Alpha Road, Suite 700, Dallas, ‘ meetings of Members and Directors may be held at such places withifi thes County of Dallas, Tarrant or Collin, as may be designated by the B eay ARTICLE II DEFINITIONS The following words when used in these By-la clearly appears from the context, shall have th iy nless a different meaning or intent Section 1. "Assoriation® shaly ‘aes i refer to Heatherwood Estates Homeowners Association, Phase 3, In se@ssefs and assigns. , Section 2 “ shall mean and refer to that certain real
t meaning or intent Section 1. "Assoriation® shaly ‘aes i refer to Heatherwood Estates Homeowners Association, Phase 3, In se@ssefs and assigns. , Section 2 “ shall mean and refer to that certain real property described in the De€kixati cam additions thereto as may hereafter be brought within the jurisdy e Association.
Section 3.
Association for the A shall mean all real property owned by the and enjoyment of the Owners.
i Section 6. "Declarant" shall mean and refer to Centennial Homes, Inc., its successors and assigns if Centennial Homes, Inc. no longer owns one or more Lots if such EXHIBIT A-2 : 1 Unofficial Copy | successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development.
Section 7. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions for Heatherwood Estates Phase 3, executed by Centennial Homes, Inc. dated as of — March _L, 1995 applicable to the Properties recorded in the Office of the County Clerk of Tarrant “County, Texas.
Section 8. "Member" (or "member") shall mean and refer to those fYleksons entitled to membership as provided in the Declaration.
ARTICLE. I ‘MEETING OF MEMBERS Section 1. Annual Meetings. Annual meetings as determined by the Board of Directors. The meetings s designated by the Board of Directors.
§ shall be held € place and hour Section 2. Special Meeting. Speci etings Ofthé members may be called at any time by the president or by the Board of D rs, OF upon written request of the members who are entitled to vote one-fourt G of the votes of the Class A membership. & Section 3. 1p enfiotice of each meeting of the members shall be given by, or at the c digetin ae retary or person authorized to call the
d to vote one-fourt G of the votes of the Class A membership. & Section 3. 1p enfiotice of each meeting of the members shall be given by, or at the c digetin ae retary or person authorized to call the meeting, by mailing a copy of , postage prepaid, at least fifteen (15) days before such meeting to each memb ote thereat, addressed to the member’s address last appearing on the b6oKs e “Association, or supplied by such member to the Such notice shall specify the place, ae and hour of one-tenth (1/10) of the votes of each class of membership shall any action except as otherwise provided in the Articles of ¢laration, or these By-laws. If, however, such quorum shail not be opted at any meeting, the members entitled to vote thereat shall have yg ‘until:< a 1 quorum as aforesaid shall: ‘be: present or be EGPRORCMEGDs mn Section 5. Proxies. At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his Lot.
a Unofficial Copy ARTICLE IV BOARD OF DIRECTORS: Section 1. Number. The affairs of this Association shall be managed by a Board of three (3) directors, who need not be members of the Association.
Section 2. Term of Office. At the first annual meeting the members shaj] elect from among the nominees designated as provided in Article V one director for a term of one year, one director for a term of two years and one director for a term of fftee years; and at each annual meeting thereafter the iiembers shall elect one directoz-fe three years.
Section 3. Removal. Any director may be removed fromi_tia Roaed, with or without cause, by a majority vote of the members of the oo uty pve
eafter the iiembers shall elect one directoz-fe three years.
Section 3. Removal. Any director may be removed fromi_tia Roaed, with or without cause, by a majority vote of the members of the oo uty pve resignation or removal of a director, his successor shal/be ste members of the Board and shall serve for the unexpired ompensation for any fay be reimbursed for his Section 4. Compensation. No directgr shall service he may render to the Association. Howev directo actual expenses incurred in the performance of his - Section_5. Action Taken Wighout f. g e directors shall have the right to take any action in the absence of a Yi A they could take at a meeting by obtaining the written approval of all t y action so approved shall have the same effect as though taken at am 9 Section 1.
of Directors created Board of Directors.
t shall-in its discretion determine, but not less than ean number of e to be filled. Such nominations may be made from among members or Election. Election to the Board of Directors shall be by secret written ballot. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.
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Unofficial Copy ARTICLE VI MEETINGS OF DIRECTORS Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held periodically, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday.
Section 2. Special Meetings. Special meetings of the Board of Digé
aid meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday.
Section 2. Special Meetings. Special meetings of the Board of Digé be held when called by the president of the Association, or by any directope-agte than three (3) days notice to each director.
Section 3. Quorum. A majority of the number of direg quorum for the transaction of. ‘business, Every act or decision go : of the directors present at a duly held meeting at whi regarded as the act of the Board.
ARTICLE YII POWERS AND DUTIES OF THE D OF DIRECTORS - Section 1, Powers. The Bodsd of Di (a) Shall have power to: adopt and publish rules an éns governing the use of the Common 9 e members and their guests thereon, and gciation and not reserved to the membership by other provisions of icles of Incorporation, or the Declaration; ; jesitts the office of a member of: the. Board of Directors to be vataiit: in the event sucb-afember shall be absent from three (3) consecutive regular meeting of the Board of Directors; and f (e) employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties.
4 Unofficial Copy Banlle Cio ‘tip ik ko gee op | | Section 2. Duties.
| (a) cause to be kept'a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the Class A members who are entitled to vote; It shall be the duty of the Board of Directors to: (b) supervise all officers, agents and employees of this Association, and to seg that their duties are properly performed; (c) as more fully provided in the Declaration:
of the Board of Directors to: (b) supervise all officers, agents and employees of this Association, and to seg that their duties are properly performed; (c) as more fully provided in the Declaration: (1) fix and give notice of the amount of the annuala each Lot; and gssments are not (2) foreclose the lien against any prop action at law against paid within thirty (30) days after due date the owner personally obligated to pay the (d) issue, or to cause an appropriate o 0 issue, upon demand by any person, a ceftificate setting forth whether or may not a ent has been paid. A reasonable charge may be made by the Board for the issfanc& of these certificates. If a certificate states an assessment has been paid, sugi>ce tifies be conclusive evidence of such payment; (g) tathes sociation has available funds, cause the Common Facilities to be maintained.. . oe _ ARTICLE VIII OFFICERS AND THEIR DUTIES 1. Enumeration of Officers. The officers of this Association shall be a Presi nd Vice-President, who may at all times be members of the Board. of Directors, a Secretary, and a- “Treasurer, and such other-officers-as the Board may from-time“to.time by resolution create.
t 1 ८ Unofficial Copy Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members.
Section 3. Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve.
Section 4. Special Appointments. The Board may elect such other offigers as the affairs of the Association may require, each of whom shall hold office for such Rekiad,
otherwise disqualified to serve.
Section 4. Special Appointments. The Board may elect such other offigers as the affairs of the Association may require, each of whom shall hold office for such Rekiad, have such authority, and perform such duties as the Board may, from timé determine.
Section 5S. Resignation and Removal. Any officer may be rem with or without cause by the Board. Any officer ee resign at anyAime byygivt atio ly ee ane specified therein, the acceptance of such resignation s effective.
Section 6. Vacancies. A vacancy in a fice may be filled by appointment by; the Board. The officer appointed to such vacancy sh rve for the remainder of the term of the officer he replaces. | Section 7. secretary and treasurer may be held by the same person. No person shall sipetitahedusty fold more than one or any of the other offices except in the case of On g feated pursuant to Section 4 of this Article | Section 8. : f the officers are as follows | (a) The Présidentshal/preside at all meetings of the Board of Directors; shail see that orders and resqlu of. the Board are carried.out; shail sign all leases, mortgages, deeds, contracts“aitd et written instruments and shall co-sign all checks and promissory notes.
Vice-President | | fhe Vice-President shall act in the place and stead of the President in the event ofbis“Absence, inability or refusal to act, and shall exercise and discharge such-other duties as may be required of him by the Board.
Secretary 1 1 !
; Unofficial Copy died.
‘ 1 (| | i { (c) The Secretary shall record the vote and keep the minutes of all meetings and proceedings of the Board andiof the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of
of all meetings and proceedings of the Board andiof the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such other duties as required by the Board.
Treasurer (d) The Treasurer shall receive and deposit in appropriate bank accgynt, 4 monies of the Association and shall disburse such funds as directed by resoluti6n of Board of Directors; shall sign all checks and promissory notes of the Assogfati proper books of account; caused an annual audit of the Association books a public accountant at the completion of each fiscal year; and shall pre budget and a statement of income and expenditures to be pesca 6 its regular annual meeting, and deliver a copy of each to the be ARTICLE Ix COMMITTE The Board of Directors shall appoint committe deemed appropriate in carrying out the Association’s purposes.
Incorporation and the B member at the principaKg reasonable cost.
‘Ssociation shall be available for inspection by any e Association, where copies may be purchased at ARTICLE XI ~ ASSESSMENTS y. :provided in the Declaration, each member is obligated to pay.to the hual-and special assessments which-are secured by a continuing lien upon the afairist which the assessment is made. Any assessments which are not paid when due shallte delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of ten percent (10%) per annum, and the Association, may bring an action at law against the
ty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of ten percent (10%) per annum, and the Association, may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property, and 7 ' “ !
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interest, costs and reasonable attorney’s fees of any such action shall be added to the amount of such assessment. ' ARTICLE XII CORPORATE SEAL The Association shall not have a seal.
ARTICLE XIII AMENDMENTS Section 1. These By-laws may be amended by a unani of Directors.
Section 2. | In the case of any conflict betwee corporation and these By-laws, the Articles shall control; and in the case conflict between the ron the first day of January and end on the 31st day of December of every yéa at the first fiscal year shall begin on the date of incorporation. SS | IN WITNESS WHEREOF, we, being all of the directors of the Heatherwood Estates Homeowners Associagon Phase 3, Inc., have hereunto set our hands this ZO_ day of Mosca , 1993. — CERTIFICATION I, the undersigned, do hereby certify: of the Heatherwood Estates ation, and THAT I am the duly elected and actiy Homeowners Association, Phase 3, Inc.ga>Te g THAT the foregoing By-laws co sfiginals By-laws of said Association, as en at 199 IN WITNESS hereunto subscribed my name and affixed the seal ™ , . Secretary EXHIBIT B Those tracts and parcels of real property located in the City of Plano, Collin County, Texas and more particularly described as follows: (a) (b) Exhibit-B.wpd All real property subject to the Declaration of Covenants, Conditions and
property located in the City of Plano, Collin County, Texas and more particularly described as follows: (a) (b) Exhibit-B.wpd All real property subject to the Declaration of Covenants, Conditions and Restrictions for Heatherwood Estates, Phase 3, recorded on March 7, 1995 in Volume 11899, Page 0001, et seq. of the Real Property Records of Tarrant @punty, Texas; and All real property described in the plat for Heatherwood Estates, PhéSe Cabinet A, Slide 1834 of the Map or Plat Records of Tarrant € collectively comprising approximately 15.7 acres of land 2 Survey, Abstract No. 457, all in Tarrant County, Texas.
D200038317 HENRY ODDO AUSTIN & FLETCHER 3850 BANK ONE CENTER 1717 MAIN ST DALLAS TX 75201 -WARNING-THIS IS PART OF THE OFFICIAL RECORD--D O INDEXED TARRANT SUZANNE Copy COUNTY HENDERSON OFFICIAL HENRY ODDO AUSTIN & FLETCHER : TO: RECEIPT NO 200141573 REGISTER DR2A DATE TIME 02/24/2000 13:47 INSTRUMENT FEECD 1 D200038317 TOTAL: INDEXED TIME 20000224 13:47 CK 3647 UMENTS: 01 FEES: 39.00 ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS. INVALID AND UNENFORCEABLE-UNDER-FEDERAL LAW.
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