BYLAWS “OS OF olland Oaks OWNERS ASSOCIATION (A Texas Condominium Association) — PROPERTY Holland Oaks Condominiums is located at 4315 Holland Avenue, Dallas, Texas, on Lets 16A & 7A, Block 6/1580, Holland Oaks Addition, an addition to the City of Dallas, according to the piat thereof recorded on October 10, 2003, in Volume 2003201, Page 00121, Real Property Records, Dailas County, Texas. ft is subject to the Dedaration of Holland Oaks Condominiums, recorded or to be recorded in the Real Property Records of Dallas County, Texas. These Bylaws | are to be recorded in the Real Property Records of Dailas County, Texas. | 5 CT EERIE ITI EE TE ne en mmm cee meee me oo een aR ge ame ot t BYLAWS OF HOLLAND OAKS HOMEOWNERS ASSOCIATION (A Texas Condominium Association) TABLE OF CONTENTS ARTICLE 1 INTRODUCTION 1.1.
PROPERTY 1.2.
PARTIES TO BYLAWS 1.3.
DEFINITIONS 1.4.
NONPROFIT PURPOSE 1.5.
DECLARANT CONTROL 1.6.
GENERAL POWERS AND DUTIES ARTICLE 2 BOARD OF DIRECTORS 2.1.
NUMBER AND TERM OF OFFICE 2.2.
QUALIFICATION 2.3.
ELECTION 2.4.
VACANCIES 2.5.
REMOVAL OF DIRECTORS 2.6. MEETINGS OF THE BOARD 2.7.
LIABILITIES 2.8.
POWERS 2.9.
FIDELITY BONDS ARTICLE 3 OFFICERS 3.1.
3.2.
OF OFFICERS OF PRINCIPAL OFFICES AGENTS ARTICLE MEETINGS OF THE ASSOCIATION 4.1.
ANNUAL MEETING 4.2.
SPECIAL MEETINGS 4.3.
PLACE OF MEETINGS 4.4.
NOTICE OF MEETINGS 4.5.
INELIGIBILITY 4.6.
VOTING MEMBERS LIST 4.7.
QUORUM 4.8.
LACK OF QUORUM 4.9.
VOTES 4.10.
PROXIES 4.11.
CONDUCT OF MEETINGS 4.12.
ORDER OF BUSINESS 4.13.
ADJOURNMENT OF MEETING 4.14.
ACTION WITHOUT MEETING 4.15.
TELEPHONE MEETINGS Unonicial Copy Page 1 1 1 1 2 2 2 2 3 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 7 7 7 7 7 8 8 8 8 8 9 BYLAWS OF HOLLAND OAKS HOMEOWNERS ASSOCIATION Page i
INGS Unonicial Copy Page 1 1 1 1 2 2 2 2 3 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 7 7 7 7 7 8 8 8 8 8 9 BYLAWS OF HOLLAND OAKS HOMEOWNERS ASSOCIATION Page i 204018 00173 ARTICLE SRULES 5.1.
5.2.
5.3.
5.4.
RULES ADOPTION AND AMENDMENT NOTICE AND COMMENT DISTRIBUTION ARTICLE 6 ENFORCEMENT IMPOSITION OF FINE ARTICLE 7 OBLIGATIONS OF THE OWNERS 6.1.
REMEDIES 6.2.
NOTICE AND HEARING 6.3.
6.4.
ADDITIONAL ENFORCEMENT RIGHTS 7.1.
NOTICE OF SALE 7.2.
PROOF OF OWNERSHIP 7.3.
OWNERS INFORMATION 7.4.
MAILING ADDRESS 7.5.
REGISTRATION OF MORTGAGEES 7.6.
ASSESSMENTS 7.7.
COMPLIANCE WITH DOCUMENTS ARTICLE 8 ASSOCIATION RECORDS 8.1.
RECORDS 8.2.
8.3.
INSPECTION OF CONDOMINIUM 8.4.
RESALE ARTICLE 9 NOTICES 9.1.
CO-OWNERS.
9.2.
DELIVERY 9.3.
ARTICLE 10 10.
MEETING RESERVATIONS TO BYLAWS 11.3.
CONSENTS 11.4.
MORTGAGEE PROTECTION 11.5.
EFFECTIVE 11.6. DECLARANT PROTECTION Unofficial Copy.
99990 9 9 9 10 11 11 11 11 11 11 11 12 12 12 12 12 13 13 13 13 13 13 13 13 13 14 14 14 14 14 14 14 14 14 12.1.
12.2.
ARTICLE 12GENERAL PROVISIONS DRAFTER'S INTENT COMPENSATION 12.3. CONFLICTING PROVISIONS 15 15 15 15 12.4.
SEVERABILITY 12.5.
CONSTRUCTION 12.6.
FISCAL YEAR 12.7. WAIVER 12.8.
PREPARER 15 15 16 16 16 CERTIFICATION & ACKNOWLEDGMENT 16 BYLAWS OF HOLLAND OAKS HOMEOWNERS ASSOCIATION Page ii 2004018 00174 BYLAWS OF HOLLAND OAKS HOMEOWNERS ASSOCIATIO {A Texas Condominium Association) ARTICLE i INTRODUCTION 1.3. PROPERTY. These Bylaws provide for the gance of Holland Oaks Condominiums, located at 4315 Holland Avenue, Dallas, Texas, on Li & 7A, Block 6/1580, Holland Gaks P beat recorded on October 10, 2003, occupy the Praperty ia any ma es © these Bylaws, the Declaration, and the other
cated at 4315 Holland Avenue, Dallas, Texas, on Li & 7A, Block 6/1580, Holland Gaks P beat recorded on October 10, 2003, occupy the Praperty ia any ma es © these Bylaws, the Declaration, and the other Documents as defined in the O49 : g mere acquisition of occupancy of a Unit will sianify that N a Thee surictly followed.
1.3. DEFINITIONS phrases defined in the Declaratien have the same meanings when used in these Byla AdiNe Mol the Declaration is incorporated herein by reference.
1.4. NONPRE Q “a Ces NTROL. Notvathstanding anything to the contrary in these Bylaws, a Hor e@ modified by the Declarant’s reservations in Appendix B of the Declaration grant Control Period and the Development Period, as defined in the Declaration, er, Qualification, appointment, removal, and replacement of directors.
During the Development Period, Appendix @ of the Declarabon has griority over these Bylaws.
1.6. GENERAL POWERS AND DUTIES. The Association, acting through the Board, has the powers and duties necessary for the administration of the affairs of the Association and for the operation and maintenance of the Property as may be required or permitted by the Documents and State law. The Association may do any and ail things that are lawful and which are necessary, proper, or desirable in operating for the best interests of its Members, subject only to the limitations upon the exercise of such powers as are expressly set forth in the Documents.
ARTICLE 2 BOARD OF DIRECTORS 2.1. NUMBER AND TERM OF OFFICE. The Board will consist of three persons. Upon election, each director will serve a term of two years. One director will be elected in odd-numbered years. Two directors will be elected in even-numbered years. A director takes office upon the adjournment of the
h director will serve a term of two years. One director will be elected in odd-numbered years. Two directors will be elected in even-numbered years. A director takes office upon the adjournment of the meeting or balloting at which he is elected or appointed and, absent death, ineligibility, resignation, or BYLAWS OF HOLLAND OAKS HOMEOWNERS ASSOCIATION - Page 1 of 16 m018 00175 Gags an tated Seed RRND DEE ELE AAD TEENA RSS eC See ae ca eek cot Na removal, will hoid office until his successor is elected or appointed. The number of director changed by amendment of these Bylaws, Dut may mot be fess than three. To establish stagge successors will serve 2-year terms. if the Board is ever elected enma: used to re-establish staggered terms.
2.2. QUALIFICATION. The following qualifications appk ction of appointment of persons to the Board to the extent candidates are available and quahtted we faliawing qualifications may be waived or modified on an election Dy election nh; estifficient number of qualified candidates are available.
2.2.1. Qymers. Atleast a maa af spouses of Members, wt Sy a legal entity, such as a partnership or Motefee of that entity Member is eligible to serve as 2.2.2.
5 ; "ene a director and 3 deemed tg fog the purposes of this Section. If the relationship between the entity Membe representing it terminates, thal directorship will be 2.2.3. E f ONperson may be elected or appointed as a director if any or appointment, as been given notice of the dehnquency and a reasonable opportunity to yidigtans. No person may be elected or appointed as a director if the person or StimMof election or appointment - has not cured a violation of the Documents for Bion has given notice and a reasonable opportunity to cure.
may be elected or appointed as a director if the person or StimMof election or appointment - has not cured a violation of the Documents for Bion has given notice and a reasonable opportunity to cure.
Litigation. No person may be elected or appointed as 4 director if the person isa partadsefse to the Association or the Board in pending litigation to which the Association or the Board is a party.
| 2.3. ELECTION. Directors will be elected by the Members of the Association. The election of | directors will be conducted at the annual meeting of the Association, at any specia! meeting called for | that purpose, or by any method permitted by applicable law, such as Section 2.138 of the Texas | Nonprofit Corporation Act, which methods may include, vathout limitation, mail, facsimile transmission, | electronic mail, or a combination of any of these.
2.4. VACANCIES. Vacancies on the Board caused by any reason, except the removal of a director by a vote of the Association, are filled by a vote of the majority of the remaining directors, even though fess than a quorum, at any meeting of the Board. Each director so elected serves until the next meeting of the Association, at which time a successor vall be elected to fill the remainder of the term.
2.5. REMOVAL OF DIRECTORS.
2.5.1. Removal by Members. At any annual meeting or special meeting of the Association, any one or more of the directors may be removed with or without cause by Members representing | BYLAWS OF HOLLAND CAKS HOMEOWNERS ASSCICIATION Page 2 of 16 a a ae at least two-thirds of the votes present in person or by proxy at the meeting, and a successcy May then and there be elected to fill the vacancy thus created. Any director whose remova ‘
00176 a a ae at least two-thirds of the votes present in person or by proxy at the meeting, and a successcy May then and there be elected to fill the vacancy thus created. Any director whose remova ‘ proposed by the Members must be given an opportunity to be heard at the 1 2.5.2. Removal by Directors. A director may not be removed by ug P remaining directors, except for the following kmited reasons for vehich a dire gremoved by at least a majority of the other directors at a meeting of the Board to yvehich the Association or the Board is a party g ® Asscciation did not file su:t to effect removal of the director.
3 rdcinguent for at least 90 days or has been delinquent at least threa&\ umes during the preceding 2 months, c. The director has refused & jes during the preceding i2 m 3d. 3 aureSsonabie opportunity to cure, ang an opportunity to he Board.
2.6. MEETIN 2.6.1. Orga fardnal sting of the Board. Within 10 days after the annual meeting, the directors wall anevan/oWanizational meeting for the purpose of electing officers. The time and piace of nail be fixed by the Board and announced to the directors.
e the Board determines, from time to time, but at least one such meeting must calendar quarter. Notice of regular meetings of the Board will be given to each x nally or by telephone, written, or electronic communication, at feast three days priomethé date of the meeting.
2.6.3. Special Meetings of the Board. Special meetings of the Board may be called by the president or, if he is absent or refuses to act, by the secretary, or by any byo directors. At least three days notice will be given to each director, personaily or by telephone, written, or electronic
resident or, if he is absent or refuses to act, by the secretary, or by any byo directors. At least three days notice will be given to each director, personaily or by telephone, written, or electronic communication, which notice must state the piace, time, and purpose of the meeting.
2.6.4. Emergency Meetings. In case of emergency, the Board may convene a meeting after making a diligent attempt te notify each director by any practical method.
2.6.5, Conduct of Meetings. The president presides aver meetings of the Board and the secretary keeps, or causes to be kept, a record of resolutions adopted by the Board and a record of transactions and proceedings occurring at meetings. When not in conflict with law or the Documents, the then current edition of Robert's Rules of Order governs the conduct of the meetings of the Board.
2.6.6. Quorum. At meetings of the Board, a majority of directors constitutes a quorum for the transaction of business, and the acts of the majority of the directors present at a meeting BYLAWS OF HOLLAND OAKS HOMEOWNERS ASSOCIATION ; Page 3 of 16 SEU ARR ey nhac eto yanmar saindin rinse tb chit 88 een Ee RARER at which a quorum is present are the acts of the Board. If less than a querum ts pr meeting of the Board, the majority of those present may adjourn the meeting from gfe At any reconvened meeting at which a quorum is present, any business that pe transacted at the meeting as originally called may be transacted without furthe may not participate by proxy at meetings of the Board.
distribute minutes of its meetings to the Members.
2.6.8. Qpen Meetings. Regular and special of the Association, subject to the following provisi Act: a. No audio of video records ay! ‘
of the Board.
distribute minutes of its meetings to the Members.
2.6.8. Qpen Meetings. Regular and special of the Association, subject to the following provisi Act: a. No audio of video records ay! ‘ with the Board's prior expr Yicipate in Board discussions unless the Board eung.
mites, litigation in which the Association is or may become af business of a similar or sensitive nature. The nature of d-fhay prohibit attendance by non-members, including representatives, agents, and attorneys of Members.
ne Board may prohibit attendance by any person who disrupts meetings or interferes yath the conduct of Board business.
The Board may but is not required to publish to Members the ume, date, and place of Board meetings, but will provide the information if requested in writing by 2 Mamber an a meeting by meeting basis.
2.6.9. Telephone Meetings. Members of the Board or any committee of the Asseciation may participate in and hold meetings of the Board or committee by means of conference telephone or similar communications equipment by means of which al! persons participating in the meeting can hear each other. Participation in such meeting constitutes presence in person at the meeting, except where a person participates in the meeting for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened.
2.6.10. Action Without a Meeting. Any action required or permitted to be taken by the Board at a meeting may be taken without a meeting, if all directors individually or collectively consent in veriting to such action. The written consent must be filed with the minutes of Board meetings. Action by written consent has the same force and effect as a unanimous vote. This
collectively consent in veriting to such action. The written consent must be filed with the minutes of Board meetings. Action by written consent has the same force and effect as a unanimous vote. This Section does not apply to actions that require meetings under applicable law.
BYLAWS OF HOLLAND OAKS HOMEOWNERS ASSOCIATION page 4 of 16 ei Metheronearantos AeeN ETN Mba ANB Ik inewiie eel we Bee ened a fet natnaeeeen Sentreiaistiean hat limited to the following provisions of State law: Section a2. ices and (f) of the ‘Act, j 2.20,0., -2.25, -2.26, -2.28, -2.29, and -2.30 of the Texas Non-Profit Corporatio: 2.8. POWERS AND DUTIES. The Board has all the powers and g administration of the Association and for the operation ang maintenance gi may do all acts and things except those which, by low or the Docum and may not be delegated te the Board. Without prejudice to sng duties set forth in laws or the Documents, or powers and dutie Board by resolution of the Association, the powers and duties of to, the following: shecific gawers and sites be imposed on the tude, but are not limited The resolution may establish the purpo: appointment of a charr and committee gray provide for reports, termination, and other administrative matters deemed appro) ihe Board. Members of committees will be 2.8.2. Manager.
Association, al a compe authorized by the Board mploy a manager or managing agent for the fed by the Board, to perform duties and services 2.9. FIDELITY BON A handling or responsible for Association funds, includitg ssociation, must furnish adequate fidelity bonds. The premiums ARTICLE 3 x OFFICERS : AON. The orincipal officers of the Association are the president, the secretary,
for Association funds, includitg ssociation, must furnish adequate fidelity bonds. The premiums ARTICLE 3 x OFFICERS : AON. The orincipal officers of the Association are the president, the secretary, and tite é Board may appoint one or more vice-presidents and other officers and assistant officers 3 se necessary. The president and secretary must be directors. Other officers may, but need not, Beeembers or directors. Any tivo offices may be held by the same person, except the offices of president and secretary. If an officer is absent or unable to act, the Board may appoint a director to perform the duties of that officer and to act in place of that officer, on an interim basis.
3.2. ELECTION GF OFFICERS. The officers are elected no less than annually by the directors at the organizational meeting of the Board and hold office at the pleasure of the Board. Except for resignation or removal, officers hold office until their respective successors have been designated by the Board.
3.3. REMOVAL AND RESIGNATION OF OFFICERS. A majority cf directors may remove any officer, with or without cause, at any regular meeting of the Board or at any special meeting of the Board called for that purpose. A successor may be elected at any regular or special meeting of the Board called for that purpose. An officer may resign at any time by giving written notice to the Board.
Unless the notice of resignation states othenvise, it is effective when received by the Board and does not require acceptance by the Board. The resignation or removal of an officer who is also a director does not constitute resignation or removal from the Board.
BYLAWS OF HOLLAND OAKS HOMEOWNERS ASSOCIATION Page 5 of 16 Pa rare eT Rr rn St li mete ae, .
ute resignation or removal from the Board.
BYLAWS OF HOLLAND OAKS HOMEOWNERS ASSOCIATION Page 5 of 16 Pa rare eT Rr rn St li mete ae, .
Ss BEB Rid APRS Ahh MEERUT a eo nt pn DSU Ter Cai wth tansowe tintin 3.4. STANDARD OF CARE. In performing their duties, the officers are required to exer the standards of care provided by apphcable Jaw, such a5 Section 82.103(a) and (f) of the AcLan icle 1396-2.20.D. of the Texas Non-Profit Corporation Act.
3.5. DESCRIPTION OF PRINCIPAL OFFICES.
3.5.1. President. As the chief executive officer of the Associp presides at all meetings of the Associaton and of the Board; (2) has aft duties which are usually vested in the office of president of a“corge laves of the State of Texas; (3) bas general supervision, diregtig the Association, subject to the controt of the Board; and (4 of the Board are carried into effect.
eit.
iinet RO i 3.5.2. Secretary. The secretary: (1) keeps t inutes of all meetings of the Board and of the Association; (2) has charge of such books, par records as the Board may direct; mbers for the mailing of notices; and (4) in general, performs ali duties in ; wpe of secretary.
3.5.3. Treagurer. The treas ible for Association funds; (2) keeps full and accurate financial records Ong? showing all receipts and disbursements; (3} prepares all required financi effects in the name of the A the Board; (5) prepares the accounts of the mail yy responsible for collecting and dispiysing Association funds; and (7) performs all the duties incident to the office pln Q Except when the Documents require execution cf certain | instruments by cert iduais/the Board may authonze any person to execute instruments on behalf
forms all the duties incident to the office pln Q Except when the Documents require execution cf certain | instruments by cert iduais/the Board may authonze any person to execute instruments on behalf of the Assagauog e sosence of Board designation, the president and the secretary are the only ! persons aul 3 e® instruments on behalf of the Association.
ARTICLE 4 MEETINGS OF THE ASSOCIATION 4.1. ANNUAL MEETING. An annual meeting of the Association will be held during the month of March of each year. At annual meetings the Members will elect directors in accordance with these Bylaws. The Members may also transact such other business of the Association as may properly come before them.
4.2. SPECIAL MEETINGS. It is the duty of the president to cail a special meeting of the : Association if directed to do so by a majority of the Board or by a petition signed by Owners of at least ; one-third of the Units. The meeting must be held within 30 days after the Board resolution or receipt 4 | of petition. The notice of any special meeting must state the time, place, and purpose of the meeting.
No business, except the purpose stated in the notice of the meeting, may be transacted at a special meeting.
4.3. PLACE OF MEETINGS. Meetings of the Association may be held at the Property or at a suitable place convenient to the Members, as determined by the Board.
4.4. NOTICE OF MEETINGS. At the direction of the Board, written notice of meetings of the Association vill be given to an Owner of each Unit at least 10 days but not more than 60 days prior to BVLAWS OF HOLLAND OAKS HOMEOWNERS ASSOCIATION Page 6 of 16 Aah en een ET ontalicnugesipae Ashe 2p SECO TREO ROC
e than 60 days prior to BVLAWS OF HOLLAND OAKS HOMEOWNERS ASSOCIATION Page 6 of 16 Aah en een ET ontalicnugesipae Ashe 2p SECO TREO ROC will identify the type of meeting as annual or special, and will state the particular pur meeting. Notices may also set forth any other items of information deemed appropriat 4.5. [NELIGIBILITY. The Board may determine that no Member may vo Association if the Member's financial account with the Association is in arrears 4 of a meeting of Une Association at which Members will vote, provided each notice of the arrearage and an opportunity to become eligibie. The Board place, and ume for payment for purposes of restoring eligibility. £ PTR to vote at a meeting of the Association is effective for any adjo date of the adjourned meeting is not more than 45 days after t ; j i 4.6. VQTING MEMBERS LIST. The Board wif fxepare a make available a list of the Association's voling Members in accordance with Ant. 13 1B of the Texas Non-Profit Corporation Act.
4.7. QUORUM. At any meeung of U@ Members representing at least one-third af the present at a meeting at which a quorum is prex nolwithstanding the withdrawal, wes the 4.8. LACK OF QUORUM. If AS proper notice yas given, Memyz BEN i ST YRaRe ice nears ean oN GRIRHUR pr adiHerRot edd mE: eto recess the meeting for nat more than 24 hours in order ofthe meeting remains a$ stated in the notice. If the meeting per of each Unit, at which meeting the Members present in person less than one-third of the Units} will be sufficient to constitute a ore of Members representing at feast a majority of the votes cast at any bcrum is present binds all embers for all purposes, except when a higher
third of the Units} will be sufficient to constitute a ore of Members representing at feast a majority of the votes cast at any bcrum is present binds all embers for all purposes, except when a higher by these Bylaws, the Declaration, or by law. Cumulative voting is prohibited.
‘ Co-Owned Units. if a Unit is cvened by more than one Member, the vote appurténant to that Unit is cast in accordance with Section 82.110(a) of Act, which is summarized as follows. If only one of the multiple Owners of a Unit is present at a meeting of the Association, that person may cast the vote allocated to that Unit. If more than one of the multiple Owners is present, the vote allocated to that Unit may be cast only in accordance with the Owners’ unanimous agreement. Multiple Owners are in unanimous agreement if one of the multiple Owners casts the vote aliocated to a Unit and none of the other Owners makes prompt protest to the person presiding over the meeting.
4.9.2. Corporation-Owned Units. If a Unit is owned by a corporation, the vote appurtenant to that Unit may be cast by any officer of the corporation in the absence of the corporation's written appointment of a specific person to exercise its vote. The vote of a partnership may be cast by any general partner in the absence of the partners’ written appointment of a specific person. The person presiding over a meeting or vote may require reasonable evidence that a person voting on behalf of a corporation or partnership is qualified to vote.
BYLAWS OF HOLLAND OAKS HOMEOWNERS ASSOCIATION 70 3 0018] Page 7 of 16 fe sae $a AA EES YATES IEER EE 4.9.3. Association-Qwned Units. Yotes allocated to a Unit owned by the Associ4
ASSOCIATION 70 3 0018] Page 7 of 16 fe sae $a AA EES YATES IEER EE 4.9.3. Association-Qwned Units. Yotes allocated to a Unit owned by the Associ4 be counted towards a quorum and for ail bailots and votes except the election o 4.10. PROXEES. Votes may be cast in person or by written proxy. To be valid (1) be signed and dated by a Mamber ar his attorney-in-fact; (2) identify th is appurtenant; (3) designate the person or position (such as “presiding offig proxy is granted, such person having agreed to exercise the proxy; the proxy 18 given: (5) not purport to be revocable without proxy designated for & meeting rhich is acl ned, recessed melas is valid when the meeting reconvenes. A proxy may be delivered by fax. eceived by fax may not be counted fo make or break a be-vote untess (1) Une pr k§oviedged or sworn to by the Member, before and certified by an officer authorized to ta x égments and oaths, or (2) the Association also receives the original proxy within $ day 2 4 4.11. CONDUCT OF ME i over meetings of the Assaciatiog meeting yhich should record 3 well as a record of any votes takefiw & parliamentarian. The then c4 of the Association when nope , OF any person designated by the Board, presides keeps, or causes to be kept, the minutes of the adopted and all transactions occurring at the meeting, as £ ng. The person presiding over the meeuung may appoint bof Robert's Rules of Order governs the conduct of meetings #th the Documents. Yotes should be tallied by tellers appomted Determine votes present by roll call or check-in procedure Announcement of quorum Proof of nouce of meeting Approval of minutes of preceding meeting ne Reports = Election of directors (when required) - Unfinished or ofd business - New business
ck-in procedure Announcement of quorum Proof of nouce of meeting Approval of minutes of preceding meeting ne Reports = Election of directors (when required) - Unfinished or ofd business - New business 4.13. ADJOURNMENT OF MEETING. At any meeting of the Association, a majority of the Members present at that meeting, either in person or by proxy, may adjourn the meeting to another time and place.
by a vote of the Members at a meeting eeting of the Association may also ‘be taken without a meeting by written consents. The Board may permit Members to vote by any method allowed by Section 2.138 of the Texas Non-Profit Corporation Act, which may include hand delivery, mail, fax, email, or any combination of these. Written consents by Members representing at least a majority of votes in the Association, cr such higher percentage as may be required by the Documents, constitutes approval by written consent. This Section may not be used to avoid the requirement of an annual meeting.
BYLAWS OF HOLLAND OAKS HOMEOWNERS ASSOCIATION : Page 8 of 16 Lip RES NE RAEI the express purpose of objecting to the transaction of any business on the ground not lawfully called or convened.
ARTICLE 5 RULES 5.1. RULES. The Board has the right to establish and am 2 to time, reasonable management, operation, use, conservation, and beautifi n of theProperty; and (3) the health, comfort, and general welfare of the Residents. The Rub not be in conflict with law or the Documents. The Board will, at all times, maintain the the nd complete Rules in a written form which can be capied and distributed to the On
of the Residents. The Rub not be in conflict with law or the Documents. The Board will, at all times, maintain the the nd complete Rules in a written form which can be capied and distributed to the On 5.2. ADOPTION AND AMENDMENT. Any Nah gdopted, amended, or terminated by the gakd approval are properly recorded as a resolution Board, provided that the Rule and the requisite in the minutes of the meeting of the & 5.3. NOTICE AND COMME!
veritten notice to an Owner of eats publish same in a newsletter o!
but is not be required, to give Resident so notified has thes enuest from any Member or Resident, the Board wall provide a current Additionally, the Board will, from time to time, distribute copies of the ARTICLE 6 ENFORCEMENT al. ES. The violation of any provision of the Documents gives the Board the following rights, in addition to any other rights set forth in the Documents: a. Fines. To impose reasonable fines, if notice and an opportunity to be heard are given.
b. Self-Help. After notice and an opportunity to be heard are given, except in case of an : emergency, to enter the Unit or Common Element in which, or as to which, the violation 5 or breach exists and to summarily abate and remove, at the expense of the defauiting : Owner, any structure, thing, or condition (except for additions or alterations of a permanent nature that may exist in that Unit) that is contrary to the intent and meaning of the provisions of the Documents. The Board may not be deemed liable for any manner of trespass by this action.
a Courts. To enjoin, abate, or remedy, by appropriate legat proceedings, the continuance of any breach.
6.2. NOTICE AND HEARING. Before imposing a fine or exercising self-help abatement, tre Board
on.
a Courts. To enjoin, abate, or remedy, by appropriate legat proceedings, the continuance of any breach.
6.2. NOTICE AND HEARING. Before imposing a fine or exercising self-help abatement, tre Board must give the Owner a written violation notice and an opportunity to be heard.
BYLAWS OF HOLLAND OAKS HOMEOWNERS ASSOCIATION Page 9 of 16 BYLAWS OF HOLLAND OAKS HOMEOWNERS ASSOCIATION ~ SSA Es ADAIR ir ICA Be AAR LNA Ne EE AeA ak eH tt tn 6.2.1. Notice of Violation. The Board’s written violation notice will cantain the {o pwing: (1) the date the violation notice is prepared of mailed: (2) a description of the vidtation; \(3) a reference to the Rule or provision of the Documents that is being violated; (4 an of the action required to cure the violation; (5) the amount of the fine to be/Ig abatement action to be taken; (6) the date the fine begins accruing or abatet possible; and (7) a statement that not later than the 30th day after pha.ds notice, the Owner may request a hearing before the Board to contes action.
6.2.2. Nosice to Resident. In addition to giving th the Board may also give a copy of the notice to the non-d appropriate, 6.2.3. Request for Hearing. To request a iG days after receiving the Owner's requ; of the date, time, and piace of the hea days from the date the Board receives theOn & reasonable opportunity for both the Boay earning Pending ty * Oi’ x Soe only the fevy of the fine and/or the abatement action 6.2.4. Pending sider the facts and circumstances surrounding the violation. The agng in persan, or may be represented by another person er written of Hearing. The minutes of the hearing must contain a statement of the
der the facts and circumstances surrounding the violation. The agng in persan, or may be represented by another person er written of Hearing. The minutes of the hearing must contain a statement of the ring and the amount of fine, if any, imposed, or abatement action, if any, ¥ of the violation notice and request for hearing should be placed in the minutes If the Owner appears at the hearing, the notice requirement will be deemed 6.3. IMPOSITION OF FINE. Within 30 days after levying the fine or authorizing the abatement, the Board must give the Owner notice of the levied fine or abatement action. If the fine or action is announced at the hearing at which the Gvener is actuaily present, the notice requirement will be satisfied. Otherwise, the notice must be in writing.
6.3.1. Amount. The Board may set fine amounts on a case by case basis, provided the fine is reasonable in Jight of the nature, frequency, and effects of the violation. The Board may establish a schedule of fines for certain types of violations. The amount and cumulative total of a fine must be reasonable in comparison to the violation. If the Board allows fines to accumulate, it may establish a2 maximum amount for a particular fine, at which point the total fine will be capped.
6.3.2. Type of Fine. If the violation is ongoing or continuous, the fine may be levied on a periodic basis (such as daily, weekly, or monthly). If the violation is not ongaing, but is instead sporadic or periodic, the fine may be ievied on a per occurrence basis.
Page 10 of 16 20g BUS vtun RRC ded nas ots nti ese egg 6.3.3. Gther Fine-Related. The Association is not envued to collect a ine from an to whom it has not given notice and an opportunity to be heard. The Association may pot
un RRC ded nas ots nti ese egg 6.3.3. Gther Fine-Related. The Association is not envued to collect a ine from an to whom it has not given notice and an opportunity to be heard. The Association may pot interest on unpaid fines. The Association may not foreclose ts Assessment he consisting solely of fines. The Board may adopt a collection policy that applies Oy to unpaid fines before retiring other types of Assessments.
6.4. ADDITIONAL ENFORCEMENT RIGHTS. Notwithstanding the nouce Suirement, the Board may take immediate and approprate action, without giving the notice NID Article, against violations of the Documents which, in the Board's opinion, ai aif.
parked illegally or in violation of posted signs, (2) threatening to hfe; * of the same provision by the same Owner to whom prior nolices aryl same violation. Further, the provisions of this Article do sot apply %& Documents for certain violations, such as nonpayment of As repeat violations ave teen given for the Amedies provided in the QBLIGATION 7.1. NOTICE OF SALE. Any Owner intend must give written notice to the Board of his intents of the Unit being conveyed, (2) the game, address, and phone number of the names and phone numbers of rea pe vith (1) the address or legal descrption 9 of the intended purchaser, (3) the name, httorney designated to close the transaction, (4) any, representing seller and purchaser, and (5} Pp. Gn request by the Association from time to time, any person who e agent of an Owner must furnish to the Board evidence of ownership af the Unit. edsrded deed is the customary evidence. This requirement may be satisfied 3 -d form that 1s completed and acknowledged by a title company or attorney 2 of the Unit or any interest therein. The Association may refuse to recognize a
evidence. This requirement may be satisfied 3 -d form that 1s completed and acknowledged by a title company or attorney 2 of the Unit or any interest therein. The Association may refuse to recognize a unless the requested documentation is provided.
7.3. WERS' INFORMATION. Within 30 days after acquiring an ownership interest in a Unit, the Owner must provide the Association with the Owner's mailing address, telephone number, and driver's license number, if ary; the name and telephone number of any Resident other than the Owner; and the name, address, and telephone number of any person managing the Unit as agent of the Owner.
An Owner must notify the Association within 30 days after he has notice of a change in any information required by this Section, and must provide the information on request by the Association from time to ume.
7.4. MAILING ADDRESS. The Owner or the several co-owners of a Unit must register and maintain one mailing address to be used by the Association for mailing of notices, demands, and all other communications. If an Owner fails to maintain a current mailing address with the Association, the address of the Owner's Unit is deemed to be his mailing address.
7.5. REGISTRATION OF MORTGAGEES. within 30 days after granting a lien against his Unit, the Owner must provide the Association with the name and address of the holder of the lien and the loan number. The Owner must notify the Association within 30 days after he has notice of a change in the information required by this Section. Also, the Owner will provide the information on request by the Association from time to time.
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request by the Association from time to time.
g 5 z = i « ‘ i é ¥ : i to meet the common expenses as defined in the Declaration. A Member is deemed ¢ standing and entitled to vote at any meeting of the Association if he is current in the Ass or levied against him and his Unit.
7.7. COMPLIANCE WITH OCCUMENTS. Each Ovener will comply with : of the Documents, and any amendments thereto. Further, each Owner will a e | and promote the cooperative purposes for which the Property was | ARTICLE 8 : ASSOCIATION REC( 8.1. RECORDS. The Association will use its best to kee thé records required by the Act, including the following: 2. Minutes or a similar record of the @efings of the Association. A recitation in the minutes that notice of the m rly given is sufficient evidence that the NoUce Was given.
b. Minutes or a similar recon of H Ags of meetings of the Board.
. Names and mailing addpas e@ bembers, the currency and accuracy of the : oniplty of the Members.
sss of the Mortgagees, the currency and accuracy of the esponsibility of the Members and their Mortgagees.
h. Copies of the Documents and ali amendments to any of these. Alsa, for at least four years, a record of ail votes or written consents by which amendments to the Documents were approved.
8.2. INSPECTION OF BOOKS AND RECORDS. Books and records of the Association will be made available for inspection and copying pursuant to applicable law, such as Section 82.114(b) of the Act and Article 1396-2.23 of the Texas Non-Profit Corporation Act.
8.2.1. Proper Purpose. The Board may require a Member to submit a written demand for
applicable law, such as Section 82.114(b) of the Act and Article 1396-2.23 of the Texas Non-Profit Corporation Act.
8.2.1. Proper Purpose. The Board may require a Member to submit a written demand for inspection, stating the purpose for which the Member will inspect the books and records. The Board has the following rights: (1) to determine whether the Member’s purpose for inspection is proper; (2) to deny the request if the Board determines that the Member's purpose is not proper; and (3) if granting the request, to identify which books and records are relevant to the Member's stated purpose for inspection.
8.2.2. Copies. A Member, at Member's expense, may obtain photocopies of books and records for which the Board grants the right of inspection. The Board has the right to retain BYLAWS OF HOLLAND OAKS HOMEOWNERS ASSOCIATION Page 12 of 16 Settee Pedrosa nny annette possession of the original books and records, to make copies requested by the Membe id to charge the Member a reasonable fee for copying.
8.2.3. Member's Agent. A Member's inspection of the books and recorg or performed by Ure Member's agent, accountant, or attorney.
8.2.4. Records of Attorneys and Accountants. The files and accountant who performs services for the Association are not not subject to inspection by Members.
8.3. CONDOMINIUM MANAGEMENT CERTIFICATE. As Section 82.116 of the Act, Ube Association wail maintain a for 8.4. RESALE CERTIFICATES. Any off cause to be prepared, certify, and execute resale certificates in accordance with aes such as Section 82.157 of the Act. The Association may charge a reasonadie fee for pre; ‘ certificates. The Association may refuse
ared, certify, and execute resale certificates in accordance with aes such as Section 82.157 of the Act. The Association may charge a reasonadie fee for pre; ‘ certificates. The Association may refuse to furnish resale certificates until the fee is paid Anjuagaid fees may be assessed against the Unit for which the certificate is furnished.
Qe 9.1. CO-OWNERS. If ss Sefned by more than ane person, nctice to one co-owner is deemed notice to all co-o 5. Any written notice required or permitted by these Bylaws may be at, of by any other method permitted by applicabie law. If mailed, the hen deposited in the U.S. mail addressed to the Member at the address ef waiver of the notice, signed ina the person entitled to the notice, whether aire or after the time stated in the notice, is equivalent to giving the notice. Attendance by a Member or director at any meeting of the Association or Board, respectively, constitutes a waiver of notice by the Member or director of the time, place, and purpose of the meeting. If ail Members or directors are present at any meeting of the Association or Board, respectively, no notice is required and any business may be transacted at the meeting.
ARTICLE 10 DECLARANT PROVISIONS 10.1. CONFLICT. The provisions of this Article control over any provision to the contrary elsewhere in these Bylaws.
10.2. BOARD OF DIRECTORS. Curing the Declarant Control Period, Appendix B of the Declaration governs the number, qualification, and appointment of directors. The initial directors wiil be appointed by Declarant and need not be Owners or Residents. Directors appointed by Declarant may not be removed by the Owners and may be removed by Declarant only. Declarant has the right to fill vacancies in any directorship vacated by a Declarant appointee.
Directors appointed by Declarant may not be removed by the Owners and may be removed by Declarant only. Declarant has the right to fill vacancies in any directorship vacated by a Declarant appointee.
BYLAWS OF HOLLAND OAKS HOMEOWNERS ASSOCIATION Page 13 of 16 m0 18 00187 sensei tan Phe BA nA eng Ae REE MOREE Su PE dase ie npn aentnene das + 10.3. GRGANIZATIONAL MEETING. Within 60 days after the end of the Declarant Centro!
ofr sooner at Declarant’s option, Deciarant will cali an organizational meeting of the Mempe 10.4. DECLARANT RESERVATIONS. Nothing in these Bylaws may be congte ay any Mortgagee, other Owner, or the Association, prevent or interfere with the ng a Appendix B of the Declaration which Declarant reserves exclusively unto itself it In case of conflict bebveen these Bylaves and Appendix B of the 0 Qé assigns.
8 controls.
ARTICLE 11 AMENOMENTS TO BYLAWS 1i.l. AUTHORITY. These Bylaws may not be amen: Members. These Bylaws may be amended by the Mempersy 11.2. PROPOSALS. The Association will proty oS each Unit with a description, if not ri the Board without approval by the ing to the terms of this Articte.
exact wording, of any proposed amendment. T dn will be included in the notice of any d amendment is to be considered at the itation, an amendment of these Bylaws must be ajority of the votes present (in person or by Proxy) at wonMor which a querum is obtained. In other words, if a ay?) at a meeting, the Owners of a majonty of the Units represented at the meetin AR O} by proxy) - even if less than a majority of the total Units - may approve an amendment & “5. However, this Section may not be amended without the approval of Members represe g/at least a majonty of the total Units in the Property.
a majority of the total Units - may approve an amendment & “5. However, this Section may not be amended without the approval of Members represe g/at least a majonty of the total Units in the Property.
and ¥mendments require notice to or approval by Eligible Martgagees, pursuant to the ion article of the Declaration. If applicable, the Association must give the 11.5, SEEECTIVE. To be effective, an amendment must be in the form of a written instrument (1) referencing the name of the Property, the name of the Association, and the recording data of these Bylaws and any amendments hereto; (2) signed and acknowledged by at feast one officer of the Association, certifying the requisite approval of Members and, if required, Eligible Mortgaqees; and (3) recorded in the Real Property Records of Dallas County, Texas. The Association svill deliver a copy of each amendment to an Owner of each Unit at least 10 days before the amendment's effective date.
An amendment may be effective immediately if adopted at a meeting at which Owners of two-thirds of the Units are represented.
11.6. DECLARANT PROTECTION. During the Development Period, no amendment of these Bylaws may affect the Declarant’s rights herein without the Declarant's written and acknowledged consent.
Specifically, this Section and the article titled “Declarant Provisions’ may not be amended without prior written approval of the Declarant. The Deciarant's written consent must be part of the amendment instrument.
BYLAWS OF HOLLAND OAKS HOMEOWNERS ASSOCIATION Page 14 of 16 seer reed! aes 5 i Seve hte SRS hen it debe antes pad Nm tas mie te tele oat aNd Hoos r : ARTICLE 12 GENERAL PROVISIONS
seer reed! aes 5 i Seve hte SRS hen it debe antes pad Nm tas mie te tele oat aNd Hoos r : ARTICLE 12 GENERAL PROVISIONS 12.1. ORAFTER'S INTENT. Because the Declarant intends these Bylaws to serve for many years beyond the initial development, construction, and marketing o Declarant purposefully did not draft these Bylaes from its awn perspective. inste future users of these Bylaws, the Declarant compiled most of the Declarg Appendix 8 of the Declaration. Although the Declarant is initially an Owe Association, the Declarant is intentionally exempt from a number SS cp owecourtesy to QvISIONS in apply to other Oaners, and has a number of rights that other Ouners do not hav WS dre to be construed liberally to give effect to the drafter’s intent of favorable and pre teatment of the Declarant.
12.2. COMPENSATION. A director, officer, Membe Reside’ not receive any pecuniary profit from the operation of the Association, and no funds ts af the Association may be paid as a salary of a5 compensation to, or be distnbuled to, 2 the benefit of a director, officer, Member, or Resident. Nevertheless, © a. Reasonable compensation may be services rendered to the Assccia CTING PROVISIONS. If any provision of these Bylaws conflicts with any provision ‘ e/State of Texas, the conflicting Bylaws provision is null and void, but all other provisions & Ze Bylaws remain in full force and effect. In the case of any conflict between the Articles of Incorporation of the Association and these Bytaws, the Articles control. In the case of any conflict between the Declaration and these Bylaws, the Declaration controls.
ORAFTER'S DICTUA Users of this document should periodically review statutes and court rulings
s control. In the case of any conflict between the Declaration and these Bylaws, the Declaration controls.
ORAFTER'S DICTUA Users of this document should periodically review statutes and court rulings that may modify or nutify provisions of this document Cr its enforcement, or may create rights or duves not antiopated by this document.
12.4, SEVERABILITY. Whenever possible, each provision of these Bylaws will be interpreted in a manner as to be effective and valid. Invalidation of any provision of these Bylaws, by judgment or court order, does not affect any other provision which remains in full force and effect.
12.5. CONSTRUCTION. The effect of a general statement is not limited by the enurnerations of specific matters similar to the general. The captions of articles and sections are inserted only for convenience and may not be construed as defining or modifying the text to which they refer. The singular is construed to mean the plural, when applicable, and the use of masculine or neuter pronouns includes the feminine.
BYLAWS OF HOLLAND OAKS HOMEOWNERS ASSOCIATION 018 00189 Page 15 of 16 eos cee Ne Re te SRE OIE ELON Nl I TRO FR RP LIE nt SALEM ES BET we .
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LPI EET arene mt sales ENE SS MASAMI OT 12.6. FISCAL YEAR. The fiscal year of the Association will be set by resolution of th ra. and is subject to change from time to time as the Board determines. in the absence of a rege @ Board, the fiscal year is the calendar year.
12.7. WAIVER. No restriction, condition, obigation, or covenant containgda WS May be deemed to have been abrogated or waived by reason of failure to enforce tive of the number of violations or breaches thereof which may occur.
on, condition, obigation, or covenant containgda WS May be deemed to have been abrogated or waived by reason of failure to enforce tive of the number of violations or breaches thereof which may occur.
12.8. PREPARER. These Bylaws were prepared in the law of euler of SETTLEPOU, 4131 N. Central Expressway, Suite 1000, Dallas, Texas 75264.
CERTIFICATION & ACKN As the Declarant of Holland Oaks Condominiums 3 ‘al and sole Member of the Halland Oaks Homeowners Association, | certify that ae fi “5 of Holland Oaks Homeowners Association were adopted by the Board of Dir 3 aks Homeowners Association for the benefit of the Association. iN cad SIGNED this 7) _ day ep ignu ‘an assumed business name of OMES, a Nevada general pastnership Bi Centex Real Estate Corporation, a Nevada Corporation, its Managing general partner THE STA 5S § § COUNTY OF DALLAS § Ahi This instrument was acknowledged before me on the ast day of January 2004 by Thomas E.
Lynch, Senior Division President of Centex Homes - Dalias/Fort Worth Metro of Centex Real Estate Corporation, a Nevada corporation, on behaif of said corporation in its role as managing genera! partner of Centex Homes, a Nevada general partnership, on behaif of said partnership, doing business as CityHomes.
LaS BYLAWS OF HOLLAND OAKS HOMEOWNERS ASSOCIATION + Page 16 of 16 ( SESE ROE TEEN TE OT EN EA RL AOL I EAE PAIR I IP IE geese RY A RE TET a gaarcaa iO RUA 9lagneuanrbenenme ta ee ee FILED AND RECORDED OFFICING PHYLIC RECORDS 2004 JAN 29 PX 12:20 16100810DZ COUNTY CLEAK DALLASCO. TEXAS AFTER RECORDING, PLEASE RETURN TO: Ms. Sharon Reuler SETTLEPOU 4131 N. Central Expwy., Suite 1000 Dallas, Texas 75204 Adonisioun