Notice U345135 NOTICE OF DEDICATORY INSTRUMENTS FOR LAKESIDE GREEN OWNERS ASSOCIATION, INC.
STATE OF TEXAS COUNTY OF HARRIS cos cos cos 531-86-1798 for 04/20/00 300392543 0345135 $81.00 81 Д The undersigned, being the President of Lakeside Green Owners Association, Inc., a property owners' association as defined in Section 202.001 of the Texas Property Code ("the Association"), hereby certifies as follows: 1.
2.
3.
4.
Development: The Development to which the Notice applies is described as follows: All of Lakeside Green, a condominium regime in Harris County, Texas according to the Condominium Declaration recorded in Volume 125, Page 131 et seq, of the Condominium Records of Harris County, Texas.
Restrictive Covenants. The description of the document(s) imposing restrictive covenants on the Development, the amendment(s) to such document(s), and the recording information for such document(s) are as follows: a.
b.
Document: Condominiums.
Condominium Declaration for Lakeside Green Recording Information: Harris County Clerk's File No. A532202.
Other Recorded Dedicatory Instruments: In addition to the Restrictive Covenants identified in paragraph 2 above, the following are Dedicatory Instruments governing the association which were previously recorded in the Real Property Records of Harris County, Texas.
a.
Document: Appointment of Trustee b. Recording Information: Harris County Clerk's File No. T476083.
Dedicatory Instruments: In addition to the Restrictive Covenants identified in Paragraph 2, above, the following documents are Dedicatory Instruments governing the Association: a. Articles of Incorporation 62000-1 b.
ByLaws C.
Certificate of Corporate Resolution --d.
Rules and Regulations 531-86-1799
following documents are Dedicatory Instruments governing the Association: a. Articles of Incorporation 62000-1 b.
ByLaws C.
Certificate of Corporate Resolution --d.
Rules and Regulations 531-86-1799 True and correct copies of such Dedicatory Instruments are attached to this Notice.
This Notice is being recorded in the Official Records of Real Property of Harris County, Texas for the purpose of complying with Section 202.006 of the Texas Property Code. I hereby certify that the information set forth in this Notice is true and correct and that the copies of the ⠀ Dedicatory Instruments attached to this Notice are true and correct copies of the originals.
Donald Plambeek Donald Plambeck, President of Lakeside Green Owners Association, Inc.
THE STATE OF TEXAS COUNTY OF HARRIS ess essess BEFORE ME, the undersigned notary public, on this day personally appeared Donald Plambeck, President of Lakeside Green Owners Association, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and in the capacity therein expressed.
SUBSCRIBED AND SWORN TO BEFORE ME on this the 3 day of@pul 2000, to certify which witness my hand and official seal.
Teenn Notary Public in and for the State of Texas ARY PUBLIC STATE OF TEXA ELLEN M. GLASS NOTARY PUBLIC State of Texas Comm Exp 09-30-2000 Return to: Butler & Hailey, P.C.
1616 South Voss Road, Suite 500 Houston, Texas 77057 62000-1 ARTICLES OF INCORPORATION OF weer 'VV.
LAKESIDE GREEN OWNERS ASSOCIATION, INC.
(A Texas Non-Profit Corporation) exemption 7/8/82 531-86-1800 FILED In the Office of the Secretary of State of Tex JUL 08 1982 We, the undersigned natural persons of the age of eighteen (18) years or
(A Texas Non-Profit Corporation) exemption 7/8/82 531-86-1800 FILED In the Office of the Secretary of State of Tex JUL 08 1982 We, the undersigned natural persons of the age of eighteen (18) years or more, at least two (2) of whom are citizens of the State of Texas, acting as incorporators of a corporation (hereinafter called the "Corporation") under the Texas Non-Profit Corporation Act (hereinafter called the "Act") do hereby adopt the following Articles of Incorporation for such Corporation.
; ARTICLE I NAME The name of the Corporation is LAKESIDE GREEN OWNERS ASSOCIATION, INC.
ARTICLE II NON-PROFIT CORPORATION The Corporation is a non-profit corporation.
ARTICLE ILL DURATION The period of the duration of the Corporation is perpetual.
1.
ARTICLE IV PURPOSES AND POWERS The Corporation does not contemplate pecuniary gain or profit to the Members thereof, and its specific and primary purpose is to provide for the preservation and maintenance of a Condominium Project, as provided in the Condominium Declaration of LAKESIDE GREEN CONDOMINIUMS (hereinafter referred to as the "Declaration"), located in Harris County, Texas.
.
2.
The general purposes and powers are: a. To promote the common good, health, safety and general welfare of the residents within the Property; b. To exercise all of the powers and privileges and to perform all of the duties and obligations of the Corporation arising from the Declaration applicable to the Property, as amended from time to time, and recorded or to be recorded in the Office of Public Records of Real Property in the Office of the County Clerk of Harris County, Texas, the Declaration being incorporated herein by reference for all purposes; C.
To enforce applicable provisions of the Declaration,
eal Property in the Office of the County Clerk of Harris County, Texas, the Declaration being incorporated herein by reference for all purposes; C.
To enforce applicable provisions of the Declaration, By-Laws, any rules and regulations of the Corporation and any other instrument for the management and control of the Property; d. To fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the $ 531-86-1801 services relating to the Common defined in the Declaration; to contract for and pay all expenses in connection with the maintenance, gardening, utilities, materials, supplies and (as Elements Declaration) and facilities; to employ personnel reasonably necessary for administration and control of the Common Elements, including lawyers and accountants where appropriate%3B and to pay all office and other expenses incident to the conduct of the business of including Corporation, all licenses, taxes and special the assessments which are or would become a lien on any portion of the Property; as e. To have and to exercise any and all powers, rights and privileges, including delegation of powers permitted by law, which the Corporation under the Act may now or hereafter have or exercise; f. To acquire (by purchase, grant or otherwise), annex and merge, own, hold, improve, build upon, operate, maintain, convey, or otherwise dispose sell, lease, transfer, dedicate for public use of real or personal property in connection with the affairs of the Corporation; g. To borrow money, mortgage, pledge or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred in accordance with the Declaration limitations; and h. To act in the joint capacity of principal, agent,
te any or all of its real or personal property as security for money borrowed or debts incurred in accordance with the Declaration limitations; and h. To act in the joint capacity of principal, agent, venturer, partner or otherwise.
a statement The foregoing statement of purposes shall be construed as both of purposes and of powers, and the purposes and powers in each clause shall not be limited or restricted by reference to or interference from the terms or provisions of any other clause, but shall be broadly construed as Notwithstanding any of the above statements independent purposes and powers.
531-86-1802 of purposes and powers, the Corporation shall not, except to an insubstantiał that are not or exercise any powers degree, engage in any activities furtherance of the primary purposes of the Corporation.
ARTICLE V REGISTERED OFFICE AND REGISTERED AGENT The street address of the initial registered office of the Corporation is 9000 S. W. Freeway, Houston, registered agent at such address is Michael S. Marix.
Texas 77074, and the name of its initial ARTICLE VI INITIAL BOARD OF DIRECTORS The number of Directors constituting the initial Board of Directors of the Corporation is three (3), and the names and addresses of the persons are: NAME Richard A. Little Jimmy D. Wyatt Michael S. Marix ADDRESS 9000 S. W. Freeway, Suite 100 Houston, Texas 77074 9000 S. W. Freeway, Suite 100 Houston, Texas 77074 9000 S. W. Freeway, Suite 100 Houston Texas 77074 At the first (1st) annual meeting of the Members of the Association, or any annual meeting thereafter, or 'special meeting of the Association called for that purpose, the number of Directors may be increased to five (5).
ARTICLE VII INCORPORATORS The name and street address of each incorporator is: NAME Richard A. Little
of the Association called for that purpose, the number of Directors may be increased to five (5).
ARTICLE VII INCORPORATORS The name and street address of each incorporator is: NAME Richard A. Little Jimmy D. Wyati Michael S. Marix ADDRESS 9000 S. W. Freeway, Suite 100 Houston, Texas 77074 9000 S. W. Freeway, Suite 100 Houston, Texas 77074.
9000 S. W. Freeway, Suite 100 Houston, Texas 77074 ARTICLE VIII MEMBERSHIP 531-86-1803 öf and qualifications for membership in the The authorized number Corporation along with the appurtenant voting rights and other privileges due shall be Unit Owners in the Condominium Project a shall be sellers, as set out in the a fee or a record Owner of The Declaration. Every person or entity who is undivided fee interest in any Unit which is subject to the Declaration, Member of the Corporation.
including contract foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Unit which is subject to assessment by the Corporation.
' ARTICLE IX DISSOLUTION The Corporation may be dissolved in accordance with the limitations set The Corporation is one which does not contemplate out in the Declaration.
as pecuniary gain or profit to the Members thereof, and it is organized solely for non-profit purposes. In the event of liquidation, dissolution or winding up of the Corporation, whether voluntarily or involuntarily, the Directors shall dispose of the Property and assets of the Corporation in such manner they, in the exercise of their discretion (as set out in the Declaration), shall be that such disposition deem appropriate; provided, for which the
roperty and assets of the Corporation in such manner they, in the exercise of their discretion (as set out in the Declaration), shall be that such disposition deem appropriate; provided, for which the exclusively in the furtherance of the object and purposes Corporation is formed, and shall not accrue to the benefit of any Director of the Corporation or any individual having a personal or private interest in the affairs of the Corporation or any organization which engages in any activity in which the Corporation is precluded from engaging.
however, IN WITNESS WHEREOF, set have hereunto we of JULY 1982, A.D.
our Rudar a hands this 2 NQ day Richard A. Little Jimmy D. Hyatt Wyatt -4THE STATE OF TEXAS § COUNTY OF HARRIS $ Michael S. Marix 531-86-1804 I, the undersigned authority, a Notary Public in and for said County and State, do hereby certify that on this 2nd day of July 1982, A.D., personally appeared before me Richard A. Little, Jimmy, D. Wyatt and Michael S. Marix, who each being by me first duly sworn, severally declared that they are the persons who signed the foregoing document as Incorporators, and that the statements therein contained are true.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the date and year above written.
Jennifer LH-UNIFER L. HOKE Notary Public in and for State County, Texas of my commission experis 3-18-86 2 2 ہیں 5.3 Lee BY-LAWS OF LAKESIDE GREEK OWNERS ASSOCIATION, INC.
(A Texas Non-Profit Corporation) Harris County, Texas LAKESIDE GI DECLARATION A CONDOMINIU 531-86-1805 : TABLE OF CONTENTS FOR BY-LAWS OF LAKESIDE GREEN OWNERS ASSOCIATION, INC.
(A Texas Non-Profit Corporation) ARTICLE I MAME Paragraph 1.1 - NAME ARTICLE II - PURPOSE AND OWNER OBLIGATION Paragraph 2.1 - PURPOSE Paragraph 2.2 - OWNER OBLIGATION } Pase Page
ASSOCIATION, INC.
(A Texas Non-Profit Corporation) ARTICLE I MAME Paragraph 1.1 - NAME ARTICLE II - PURPOSE AND OWNER OBLIGATION Paragraph 2.1 - PURPOSE Paragraph 2.2 - OWNER OBLIGATION } Pase Page 531-86-1806 ARTICLE III DEFINITIONS AND TERMS Paragraph 3.1 MEMBERSHIP Paragraph 3.2 VOTING 2 Paragraph 3.3 MAJORITY OF UNIT OWNERS Paragraph 3.4 QUORUM Paragraph 3.5 PROXIES ARTICLE IV - ADMINISTRATION Paragraph 4.1 - DECLARANT CONTROL 2 Paragraph 4.2 - ASSOCIATION RESPONSIBILITIES 3 Paragraph 4.3 - PLACE OF MEETINGS Paragraph 4.4 ANNUAL MEETINGS Paragraph 4.5 SPECIAL MEETINGS Faragraph 4.6 - NOTICE OF MEETINGS Paragraph 4.7 - ADJOURNED MEETING Paragraph 4.8 - ORDER OF BUSINESS ARTICLE V - BOARD OF DIRECTORS Paragraph 5.1 Paragraph 5.2 Paragraph 5.3 Paragraph 5.4 NUMBER AND QUALIFICATION - POWERS AND DUTIES - OTHER POWERS-AND. DUTIES - ELECTION AND TERM OF OFFICE Paragraph 5.5 Paragraph 5.6 - VACANCIES REMOVAL OF DIRECTORS • : GREEN FION [NIUM PROJ Paragraph 5.8 - REGULAR MEETINGS Paragraph 5.7 " ORGANIZATION MEETING 7 7 Paragraph 5.9 SPECIAL MEETINGS Paragraph 5.10 - WAIVER OF NOTICE Paragraph 5.11 - BOARD OF DIRECTOR'S QUORUM Paragraph 5.12 - FIDELITY BONDS ARTICLE VI - OFFICERS Paragraph 6.1 - DESIGNATION Paragraph 6.2 - ELECTION OF OFFICERS Paragraph 6.3 - REHOVAL OF OFFICERS Paragraph 6.4 - PRESIDENT Paragraph 6.5 - VICE PRESIDENT Paragraph 6.6 - SECRETARY Paragraph 6.7 TREASURER ARTICLE VII - MANAGEMENT CONTRACT Paragraph 7.1 - MANAGEMENT COMPANY !
ARTICLE VIII - IDENTIFICATION OF OFFICERS AND MANAGERS Paragraph 8.1 INDEMNIFICATION ARTICLE IX - OBLICATIONS OF THE OWNERS Paragraph 9.1 ASSESSMENTS Paragraph 9.2 - GENERAL Paragraph 9.3 - USE OF GENERAL COMMON ELEMENTS AND LIMITED COMMON ELEMENTS Paragraph 9.4 - DESTRUCTION OR OBSOLESCENCE
X - OBLICATIONS OF THE OWNERS Paragraph 9.1 ASSESSMENTS Paragraph 9.2 - GENERAL Paragraph 9.3 - USE OF GENERAL COMMON ELEMENTS AND LIMITED COMMON ELEMENTS Paragraph 9.4 - DESTRUCTION OR OBSOLESCENCE ARTICLE X - AMENDMENTS TO PLAN OF CONDOMINIUM OWNERSHIP Paragraph 10.1 - BY-LAWS ARTICLE XI HORTGA D Paragraph 11.1 NOTICE TO ASSOCIATION Paragraph 11.2 - NOTICE OF UNPAID ASSESSMENTS ARTICLE XII COMPLIANCE : Paragraph 12.1 – LEGAL REQUIREMENTS ARTICLE XIII NON-PROFIT ASSOCIATION Paragraph 13.1 - NON-PROFIT PURPOSE ARTICLE XIV - PRINCIPAL OFFICE Paragraph 14.1 – ADDRESS.; 9 12 13 13 13 13 14 14 14 15 CONDOMINIUM REI 1 MARRIS COUNTY, . 125 PAGE -531-86-1807 1 ARTICLE XV EXECUTION OF INSTRUMENTS Paragraph 15.1 - AUTHORIZED ACENTS ARTICLE XVI - CORPORATE SEAL Paragraph 16.1 - CORPORATE SEAL • ARTICLE XVII - DEFINITIONS OF TERMS Page 15 15 Paragraph 17.1 - DEFINITIONS OF TERMS 15 CERTIFICATE ..
16 531-86-1808 BY-LAWS or LAKESIDE GREEN OWNERS ASSOCIATION, INC.
(A Texas Non-Profit Corporation) 531-86-1809 1.1 NAME.
ARTICLE I NAME The name of the organization shall be LAKESIDE GREEN OWNERS ASSOCIATION, INC., hereinafter called "Association".
2.1 ARTICLE II PURPOSE AND OWNER OBLIGATION PURPOSE. The purpose for which this non-profit Association is formed is to govern the Condominium Property situated in the County of Harris, State of Texas, which Property is described on the attached Exhibit "A", which by this reference is made a part hereof, and which Property has been submitted to a Regime according to the provisions of the Condominium Act of the State of Texas.
2.2 OWNER OBLIGATION.
All present or future owners, tenants, future tenants or any other person who might use the facilities of the Project in any
visions of the Condominium Act of the State of Texas.
2.2 OWNER OBLIGATION.
All present or future owners, tenants, future tenants or any other person who might use the facilities of the Project in any manner, are subject to the regulations set forth in these By-Laws. The were acquisition or rental of any of the Condominium Units (hereinafter referred to as "Unita") of the Project or the mere act of occupancy of any of said Units will signify that these By-Laws are accepted, ratified and will be strictly followed.
3.1 ARTICLE III DEFINITIONS AND TERMS MEMBERSHIP. Any person on becoming an Owner of a Condominium Unit shall automatically become a Member of this Association and be subject to.
these By-Laws . Such membership shall terminate without any formal Association action whenever such person ceases to OWA . Condominium Unit. Such termination shall not relieve or release any such former Owner from any liability or obligation incurred under or in any way connected with LAKESIDE GREEN CONDOMINIUMS during the period of such ownership and membership in this Association, or impair any rights or remedies which the Board of Directors of 531-86-1810 : the Association or others may have against such former Owner and Hember arising out of or in any way connected with such ownership and membership and the covenants and obligations incident thereto. No certificates of stock shall be issued by the Association, but the Board of Directors, if it so elects, may issue one (1) Membership Card per Unit to the Owner(s) of a Condominium Unit. Such Membership Card shall be surrendered to the Secretary whenever ownership of the Condominium Unit designated thereon is terminated.
3.2 VOTING. Unit ownership shall entitle the Owner(s) to cast one (1)
Membership Card shall be surrendered to the Secretary whenever ownership of the Condominium Unit designated thereon is terminated.
3.2 VOTING. Unit ownership shall entitle the Owner(s) to cast one (1) vote per Unit in the affairs of the Association, which vote will be weighted to equal the proportionate share of ownership of the Unit Owner in the Common Elements. Voting shall not be split among more than one (1) Unit Owner. The present number of votes that can be cast by the Unit Owners is seventy-six (76). The combined weighted votes calculated in accordance with Exhibit "C" shall equal one hundred percent (100%).
J 3.3 MAJORITY OF UNIT OWNERS. As used in these By-Laws the term "majority of Unit Owners" shall mean those Owners with fifty-one percent (51%) of the votes entitled to be cast.
3.4 QUORUM. Except as otherwise provided in these By-Laws, the presence.
in person or by proxy of a "majority of Unit Owners" as defined in Paragraph 3.3 of this Article shall constitute a quorum.
3.5 PROXIES. Votes may be cast in person or by proxy. Proxies must be filed with the Secretary before the appointed time of each meeting.
4.1 DECLARANT CONTROL.
ARTICLE IV ADMINISTRATION Notwithstanding any provision herein to the contrary, and in accordance with Paragraphs 4.2 and 4.3 of the Condominium Declaration for LAKESIDE GREEN CONDOMINIUMS, the Declarant, MARIX HOUSING CORPORATION, a Texas corporation, shall retain control over management of the affairs of the Association. This retention of control shall be for the benefit of the Unit Owners and any First Mortgagees of record and for the purpose of insuring both a complete and orderly buildout and a timely sellout of the Project Units. This control shall last no longer than January 1, 1985,
d any First Mortgagees of record and for the purpose of insuring both a complete and orderly buildout and a timely sellout of the Project Units. This control shall last no longer than January 1, 1985, or upon sale of seventy-five percent (75%) of the Units, or when in the sole opinion of the Declarant the Project is viable, and operational.
self-supporting GREE ION 111 4.2 ASSOCIATION RESPONSIBILITIES. The Owners of the Unite 531-86-1811 !
constitute the Association of Unit Owners, hereinafter referred to 38 = "Association", who will have the responsibility of administering the Condominium Project through a Board of Directors.
at 4.3 PLACE OF MEETINGS. All annual and special meetings of the Association shall be held at the principal office of the Association or such other suitable and convenient place as may be permitted by law and from time to time fixed by the Directors and designated in the notices of auch meetings.
4.4 ANNUAL MEETINGS. Annual meetings shall be held the fourth (4th) Tuesday of January each year. The first (1st) annual meeting shall be called by Declarant after the end of the Declarant Control Period.
1 4.5 SPECIAL MEETINGS. It shall be the duty of the President to call a special meeting of the Owners as directed by resolution of the Board of Directors or upon a petition signed by at least one-tenth (1/10) of the Owners and presented to the Secretary. The notice of any special meeting shall state the 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 unless by consent of four-fifths (4/5) of the Owners present, either in person or by proxy.
4.6 NOTICE OF MEETINGS. The Secretary shall mail notices of annual and
eeting except as stated in the notice unless by consent of four-fifths (4/5) of the Owners present, either in person or by proxy.
4.6 NOTICE OF MEETINGS. The Secretary shall mail notices of annual and special meetings to each Hember of the Association, directed to his last known post office address, as shown oa the recorda of the Association, by uncertified mail, postage prepaid.
Such notice shall be mailed not less than ten (10) days nor more than twenty (20) days before the date of such meeting and shall state the date, time and place of the meeting and the purpose or purposes thereof.
In lieu of mailing notice as herein provided, such notice may be delivered by hand requested, any Mortga similar notice.
or left at his residence in his absence. If .cord or its designee may be entitled to receive 4.7 ADJOURNED MEETING.
If any meeting of Owners cannot be organized because a quorum has not attended, the Owners who are present, either in person or by proxy, may adjourn the meeting from time to time until a quorum is attained.
2.
1 PAGE 4.8 ORDER OF BUSINESS. The order of business at all meetings of the Owners of Units shall be as follows: a.
Roll call.
b.
Proof of notice of meeting or waiver of notice.
C.
Reading of minutes of preceding meeting.
d.
Reports of officers.
t..
Reports of committees.
f.
Election of Directors.
8.
Unfinished business.
h.
New business.
ARTICLE V 531-86-1812 5.1 BOARD OF DIRECTORS The affairs of this Association shall be The governed by a Board of Directors composed initially of three (3) persons.
following persons shall act in such capacity and shall manage the affairs of the Association until their successors are elected, to wit: MAME Richard A. Little Jimmy D. Wyatt Michael S. Marix ADDRESS
following persons shall act in such capacity and shall manage the affairs of the Association until their successors are elected, to wit: MAME Richard A. Little Jimmy D. Wyatt Michael S. Marix ADDRESS 9000 S. W. Freeway, Suite 100 Houston, Texas 77074 9000 3. W. Freeway, Suite 100 Houston, Texas 77074 9000 S. W. Freeway, Suite 100 Houston, Texas 77074 At the first (1st) annual meeting of the Mensers of the Association, or any annual meeting thereafter, or special meeting of the Association called for that purpose, the number of Directors may be increased to five (5).
1 5.2 POWERS AND DUTIES. The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association and for the operation and maintenance of a residential Condominium Project. The Board of Directors may do all such acts and things that are not by these By-Laws or by the Condominium Declaration for LAKESIDE GREEN CONDOMINIUMS directed to be exercised and done by the Owners.
5.3 OTHER POWERS AND DUTIES. The Board of Directors shall have the following duties:.
To administer and enforce the covenants, restrictions, conditions, uses, limitations, obligations and all' other provisions set forth in the Condominium Declaration.
531-86-1813 : b.
To establish, make and enforce compliance with rules necessary for the orderly operation, use and occupancy of this Condominium Project. (A copy of such rules and regulation shall be delivered or mailed to each Member promptly upon thereof.)
the adoption Ch To keep in good order, condition and repair all of the General and Limited Common Elements and all items of personal property used in the enjoyment of the entire Premisen.
d. To insure and keep insured all of the insurable Common
ion and repair all of the General and Limited Common Elements and all items of personal property used in the enjoyment of the entire Premisen.
d. To insure and keep insured all of the insurable Common Elements of the Property in an amount equal to their maxisum replacement value, as provided in the Declaration. Further to obtain and maintain comprehensive liability insurance covering the entire Premises in amounts not less than One Hundred Thousand Dollars ($100,000.00) per person, Three Hundred Thousand Dollars ($300,000.00) per accident and Fifty Thousand Dollars ($50,000.00) property damages, plus a One Million Dollar ($1,000,000.00) umbrella policy. To insure and keep all the fixtures, equipment and personal property acquired by the Association for the benefit of the Association, the Owners of the Condominium Units and their First Mortgagees, , e. To fix, determine, levy and collect the monthly prorated assessments to be paid by each of the Owners; and by majority vote of the Board to adjust, decrease or increase the amount of the monthly assessments subject to provisions of the Declaration; to levy and collect special assessments in order to meet increased operating or maintenance expenses or costs, and additional capital expenses. All monthly or other assessments shall be in itemized statement form and shall set forth in detail the various expenses for which the assessments are being made.
f. To collect delinquent assessments by suit or otherwise and to enjoin or seek damages from an Owner, as provided in the Declaration and these By-Laws, To protect and defend the entire Premises from loss and damage by suit or otherwise, " h. Το borrow funds in order to pay for any required expenditure or outlay; to execute all such instruments evidencing WALKES BIRDECLA
d the entire Premises from loss and damage by suit or otherwise, " h. Το borrow funds in order to pay for any required expenditure or outlay; to execute all such instruments evidencing WALKES BIRDECLA 531-86-1814 such indebtedness which shall be the several obligations of all of the Owners in the same proportion as their interest in the Common Elements.
i. To enter into contracts within the scope of their duties and power.
j. To establish a bank account for the common treasury for all separate funds which are required or may be deemed advisable by the Board of Directors.
1 or k. To keep and maintain full and accurate books and records 1 showing all of the receipts, expenses or disbursements and to permit examination thereof at any reasonable time by each of the Owners and any First Mortgagee of a Unit, the Veterans Administration Federal Housing Administration, and to cause a complete breakdown of the books and accounts by a competent accountant, once each year.
The Association shall cause to be prepared and delivered annually to each Owner . statement showing all receipts, expenses or disbursements since the last such statement. Such audited financial statements shall be available to any First Mortgages of a Unit, on request, within ninety (90) days following the fiscal year end of the Project.
1. To meet at least once each quarter.
篇。 To designate the personnel necessary for the maintenance and operation of the General and Limited Common Elements.
П.
In general, to carry on the administration of this Association and to do all of those things, necessary and reasonable, in order to carry out the communal aspect of Condominium ownership.
5.4 ELECTION AND TERM OF OFFICE. At the first (1st) annual meeting of
ation and to do all of those things, necessary and reasonable, in order to carry out the communal aspect of Condominium ownership.
5.4 ELECTION AND TERM OF OFFICE. At the first (1st) annual meeting of the Association the term of office of two (2) of the Directors shall be fixed for one (1) year, the term of office of two (2) of the Directors shall be fixed at two (2) years, and the term of office of the remaining one (1) of the Directors shall be fixed at three (3) years. At the expiration of the initial term of office of each respective Director, his successor shall be elected to serve a term of three (3) years. The persons acting as Directors shall hold office until their successors have been elected and hold their first (lat) DE GREEN meeting.
' l.
... 175 5.5 VACANCIES.
Vacancies on the Board of Directors caused by any restri other than the removal of a Director by a vote of the Association shall filled by vote of the majority of the remaining Directors, even though Each Director so elected shall serve : t may constitute less than a quorum.
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:..
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the remaining term of his predecessor.
5.6 REMOVAL OF DIRECTORS. At any regular or special meeting called, any one (1) or more of the Directors may be removed with or wit at cause by a majority of the Owners, and a successor may then and there be Any Director whose removal has been elected to fill the vacancy thus created.
proposed by the Owners shall be given an opportunity to be heard at the meeting.
531-86-1815 5.7 ORGANIZATION MEETING. The first (lat) meeting of a newly elected Board of Directors shall be held within ten (10) days of election at such place as shall be fixed by the Directors at the meeting at which such Directors were elected, and no notice shall be necessary to the newly elected
all be held within ten (10) days of election at such place as shall be fixed by the Directors at the meeting at which such Directors were elected, and no notice shall be necessary to the newly elected Directors in order legally to constitute such meeting, providing a majority of the whole Board shall be present.
5.8 REGULAR MEETINGS. Regular mestings of the Board of Directors may be held at such time and place as shall be determined, from time to time, by a majority of the Directors, but at least four (4) such meetings shall be held during each fiscal year. Notice of regular meetings of the Board of Directors shall be given to each Director, personally, by mail, telephone or telegraph, at least three (3) days prior to the day named for such meeting.
5.9 SPECIAL MEETINGS. Special meetings of the Board of Directors may be called by the President or Secretary, or upon the written request of at least two (2) Directors. The President or Sacratary will give three (3) days' personal notice to each Director by mail, telephone or telegraph, which notice shall state the time, place (as hereinabove provided) and purpose of the meating.
5.10 WAIVE.
NOTICE. Before or at any meeting of the Board of Directors, any Director may in writing, waive notice of such meeting and such Attendance by waiver shall be deemed equivalent to the giving of such notice.
a Director at any meeting of the Board shall be a waiver of notice by him of If all the Directors are present at any meeting the time and place thereof.
of the Board, no notice shall be required and any business may be transacted at such meeting.
* PAGE 3.11 BOARD OF DIRECTOR'S QUORUM.
At all meetings of the Board of quorum for tne Directors, a majority of Directors shall constitute
required and any business may be transacted at such meeting.
* PAGE 3.11 BOARD OF DIRECTOR'S QUORUM.
At all meetings of the Board of quorum for tne Directors, a majority of Directors shall constitute transaction of business, and the acts of the majority of the Directors present at a meeting at which a quorum is present shall be the acts of the Board of Directors. If, at any meeting of the Board of Directors, there is less than a quorum present, the majority of those present may adjourn the meeting from time to time. At any such adjourned meeting, any business which might have been transacted at the meeting, as originally called, may be transacted without additional notice..
5.12 FIDELITY BONDS.
The Board of Directors shall require that all officers and employees of the Association handling or responsible for The premium on such Association funds shall furnish adequate videlity bonds.
; bonds shall be paid by the Association.
ARTICLE VI 531-86-1816 6.1 OFFICERS DESIGNATION. The officers of the Association shall be a President, Vice President, Secretary and Treasurer, all of whom shall be elected by the Board of Directors.
6.2 ELECTION OF OFFICERS. The officers of the Association shall be elected annually by the Board of Directors at the organization meeting of each new Board and shall hold office at the pleasure of the Board.
6.3 REMOVAL OF OFFICERS. Upon an affirmative vote of a majority of the members of the Board of Directors, any officer may be removed, either with or without cause, and his successor may be elected at any regular meeting of the Board of Directors or at any special meeting of the Board called for such purpose.
: 6.4 PRESIDENT. The President shall be the chief executive officer of
r may be elected at any regular meeting of the Board of Directors or at any special meeting of the Board called for such purpose.
: 6.4 PRESIDENT. The President shall be the chief executive officer of the Association. He shall preside at all meetings of both the Association and the Board of Directors. He shall have all the general powers and duties which are usually vested in the office of president of an association, including, but not limited to, the power to appoint committees from among the Owners to assist in the administration the Association.
of the affairs of President, or his designated alternate, shall represent the Association at all meetings of the LAKESIDE GREEN OWNERS ASSOCIATION, INC.
The 531-86-1817 6.5 VICE PRESIDENT. The Vice President shall perform all of the dutie of the President in his absence and such other duties as may be required c.
him from time to time by the Board of Directors.
6.6 SECRETARY.
.. The Secretary shall keep the minutes of all meetings of the Board of Directors and the minutes of all meetings of the Association. He shall have charge of such books and papers as the Board of Directors may direct; and he shall, in general, perform all : the duties incident to the office of the Secretary, Association.
b. The Secretary shall compile and keep up to date at the principal office of the Association a complete list of Members and their last known addresses as shown on the records of the Such list shall show opposite each Member's nama, 'the number of Members living in the Unit and the parking space or garage and storage space assigned for use in connection with such Unit.
Such list shall be open to inspection by Hembers and other persons lawfully entitled to inspect the same at reasonable times during regular business hours.
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gned for use in connection with such Unit.
Such list shall be open to inspection by Hembers and other persons lawfully entitled to inspect the same at reasonable times during regular business hours.
; 6.7 TREASURER. The Treasurer shall receive and deposit in appropriate bank accounts all money of the Association and shall disburse such as directed by resolution of the Board of Directors; provided, however, that a resolution of the Board of Directors shall not be necessary for disbursements made in the ordinary course of business conducted within the limits of a budget adopted by the Board of Directors, including authority to: .sign all chucks and promissory notes of the Association; keep proper books of account; csuse an annual statement of the Association's books to be made at the completion of each fiscal yea prer an annual budget and . statement of income expenditures to be presented to the Membership at its regular annual meeting, and deliver a copy of each to the Members; and perform all other duties assigned to him by the Board of Directors.
ARTICLE VII MANAGEMENT CONTRACT 7.1 MANAGEMENT COMPANY. The Board of Directors shall enter into a management agreement with a management company at a rate of compensation agreed upon by the Board of Directors. In accordance with the Declaration and = 4.
KESIDE GRI PECLARATION : these By-Laws, the management company shall have, but shall not be limited to, the following functions, duties and responsibilities: i ..
Fiscal Management.
(1) Prepare annual operating budget detailed to reflect expected operation for each month. This budget is established to show expected recurring receipts and operating It is further used for disbursements.
comparison with actual monthly income and expenditures.
ted operation for each month. This budget is established to show expected recurring receipts and operating It is further used for disbursements.
comparison with actual monthly income and expenditures.
(2) Prepare five (5)-year sinking fund reserve budget projection for capital expenditures on items recurring only periodically, i.e., painting, etc., for KESIDE GREEN' CLARATION Common Elements.
(3) Prepare monthly operating $ und cash position 531-86-1818 statements and statements concerning sinking fund reserve accounts.
(4) Analyze and compare operating receipts and disbursements against the Board-approved budget. Where a significant variation is shown (10% above or below the budgeted amount), prepare explanations of variations from budgeted figures. Suggest corrective recommendations, if applicable.
(5) Collect maintenance fees and special assessments; deposit them in checking, savings or other income producing accounts on behalf of the Board and maintain comprehensive records thereof.
individual checking and sinking fund reserve accounts, as directed by the Board, Establish (6) Hail notices of delinquency to any Owner in arrears, and exert reasonable effort to collect delinquent accounts.
' (7) Examine all expense invoices for accuracy and pay all bills in accordance with the terms of the property management agreement.
(8) Owners.
Prepare year-end statement of operations for .10.
531-86-1819 9 b.
Physical Management.
(1) Assume full responsibility for maintenance and control of Common Area improvements and equipment.
Maintain the Property in constant repair to reflect Owner pride and to insure high property values in accordance with the provisions of the operating budget, as approved by the Board of Directors.
(2) Enter into contracts and supervise services for
ect Owner pride and to insure high property values in accordance with the provisions of the operating budget, as approved by the Board of Directors.
(2) Enter into contracts and supervise services for lavn care, refuse hauling, pump maintenance, etc., as approved operating budgets.
(3) Select, train and supervise competent personnel, as directed by the Board.
% (4) Compile, assemble and analyze data; and prepare specifications and call for bids for major improvement projects. Analyze and compare bids, issue contracts and coordinate the work; maintain close and constant inspection to insure that work is performed according to specifications.
(5) Perform any other projects with diligence and economy in the Board's best interests.
125 P C.
Administrative Management.
(1) Inspect contractural services for satisfactory performance. Prepare any necessary compliance letters to Vendors.
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(2) Obtain and analyze bids for insurance coverage specified in By-Laws, recommend modifications or additional coveragen.. Prepare claims when required and ´ follow up' on payment; act 'as Board's' representata.
in (3) Exercise close liaison and supervision over all personnel to insure proper operational maintenance and to promote good Management-Resident-Owner relationships.
(4) Act liaison for the Association in any lations or disputes with local, federal or state taxing agencies or regulatory bodies.
"YADE (5) working Exercise close supervision over hours and conditions of employed personnel to insure compliance with Wage and Hour and Workman's Compensation Lavs.
(6) Assist in resolving individual Owner's problems as they pertain to the Association, Common Elements and governing rules and regulations.
(7) Represent an absentee Owner when requested.
to
on Lavs.
(6) Assist in resolving individual Owner's problems as they pertain to the Association, Common Elements and governing rules and regulations.
(7) Represent an absentee Owner when requested.
to (8) Administer the Condominium Project in such a way promote 1 pleasant and harmonious relationship within the complex for all Owners, Residents and Tenants alike.
531-86-1820 8.1 ARTICLE VIII INDEMNIFICATION OF OFFICERS AND DIRECTORS INDEMNIFICATION. The Association shall indemnify every Director or officer, his heirs, executors and administrators, against all loss, cost and expense, including counsel fees, reasonably incurred by him in connection with any action, suit or proceeding to which he may be made a party by reason of his being or having been a Director or officer of the Association, except in matters of gross negligence or willful misconduct. In the event of a settlement, indemnification shall be provided only in connection with such matters in which the Association is advised by counsel that the person to be indemnified has not been guilty of gross negligence or willful misconduct in the performance of his duty as such Director or officer in relation to the matter involved. The foregoing rights shall not be exclusive of other rights to which such Director or officer may be entitled. All liability, loss, damage, cost and expense incurred or suffered by the Association in connection with the foregoing indemnification provision shall be treated and handled by the Association as Common Expenses; provided, however, nothing contained in this Article VIII shall be deemed to obligate the Association to indemnify any Member or Owner of a Condominium Unit, who is or has been a Director or officer of the Association, with respect to any duties or obligations assumed
eemed to obligate the Association to indemnify any Member or Owner of a Condominium Unit, who is or has been a Director or officer of the Association, with respect to any duties or obligations assumed liabilities incurred by him under and by virtue of the Condominium 1 . Hember or Owner of or .
Declaration for LAKESILE GREEN CONDOMINIUMS Condominium Unit covered thereby, - 12 9.1 ASSESSMENTS.
ARTICLE IX : 531-86-1821 OBLIGATIONS OF THE OWNERS All Owners shall be obligated to pay the worth y assessments imposed by the Association to meet the Common Expenses as .efined in the Declaration. The assessments shall be made pro rata according to the proportionate share of the Unit Owner in and to the Common Elements and shall be due monthly in advance. A Member shall be deemed to be in good standing and entitled to vote at any annual or special meeting of Members, within the meaning of these By-Laws, only if he is current in the assessments made or levied against him and the Condominium Unit owned by him.
9.2 GENERAL.
Each Owner shall comply strictly with the provisions of the Condominium Declaration for LAKESIDE GREEN CONDOMINIUMS.
b. Each Owner shall always endeavor to observe and promote the cooperative purposes for which the Project was built.
Each 9.3 USE OF GENERAL COMMON ELEMENTS AND LIMITED COMMON ELEMENTS.
Owner may use the General Common Elements and the Limited Common Elements in accordance with the purposes for which they were intended.
9.4 DESTRUCTION OR OBSOLESCENCE. Each Owner aball, if necessary, execute a power of attorney in favor of the Association, irrevocably appointing the Association his Attorney In Fact to deal with the Owner's Condominium Unit upon its destruction, obsolescence or condemnation, as is
of attorney in favor of the Association, irrevocably appointing the Association his Attorney In Fact to deal with the Owner's Condominium Unit upon its destruction, obsolescence or condemnation, as is provided in Paragraph 6.1 of the Condominium Declaration.
ARTICLE X AMENTMENTS TO PLAN OF CONDOMINIUM OWNERSHIP 10.1 BY-LAWS ..
After ..
relinquishment of Declarant control of the Association, as set forth in Article IV, these By-Laws may be amended by the Association at a duly constituted meeting for such purpose, and no amandment shall take effect waless approved by Owners representing at least sixty-six and two-thirds percent (66-2/3%) of the aggregate interest of the undivided Ownership of the Common Elements except for those amendments provided for in Article VIII of the Declaration, which shall require the approval of 13.
LAKESID GREE ION 531-86-1822 Owners and. Mortga as provided therein, In no event shall the By-Laws be amended to conflict with the Declaration. In the event of a conflict between the two (2) documents, the Declaration shall control.
of b. Until relinquishment Declarant control of the Association, these By-Laws may be unilaterally amended by the Declarant to correct any clerical or typographical error or omission, or to change any provision to meet the requirements of Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, Administration or Federal Housing Veterans Administration.
ARTICLE XI MORTGAGES 11.1 NOTICE TO ASSOCIATION. An Owner who mortgages his Unit shall notify the Association through the President of the Association giving the nama and address of his Mortgagee. The Association shall maintain such information in a book entitled "Mortgagees of Condominium Units".
Association through the President of the Association giving the nama and address of his Mortgagee. The Association shall maintain such information in a book entitled "Mortgagees of Condominium Units".
11.2 NOTICE OF UNPAID ASSESSMENTS. The Association shall, at the request of a Mortgagee of a Unit, report any unpaid assessments due from the Owner of such Unit.
12.1 LEGAL REQUIREMENTS.
ARTICLE XII COMPLIANCE These By-Laws are set forth to comply with the requirements of the State of Texas Condominium Act. If any of these By-Laws conflict with the provisions of said statute, it is hereby agreed and accepted that the provisions of the statute will apply.
ARTICLE XIII 13.1 NON-PROFIT PURPOSE.
NON-PROFIT ASSOCIATION This Association is not organized for profit.
No Unit Owner, Member of the Board of Directors or person from whom the Association may receive any property or funds shall receive or shall be lawfully entitled to receive any pecuniary profit from the operation thereof, and in no event shall any part of the funds or assets of the Association be 14.
paid aa a salary or as compensation to, or distributed to or inuro benefit of any Member of the Board of Directors; provided, however, alwayı that reasonable compensation may be paid to any Member while acting agent or employee of the Associaton for services rendered in effecting on or more of the purposes of the Association and (2) that any Member of Board of Directors may, from time to time, be reimbursed for his actual reasonable expenses incurred in connection with the administration of affairs of the Association.
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"' ני 11 531-86-1823 ARTICLE XIV PRINCIPAL OFFICE 14.1 ADDRESS. The principal office of the Association shall be located at 9000 S. W. Freeway, Houston, Texas 77074, but may be located at such other
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"' ני 11 531-86-1823 ARTICLE XIV PRINCIPAL OFFICE 14.1 ADDRESS. The principal office of the Association shall be located at 9000 S. W. Freeway, Houston, Texas 77074, but may be located at such other suitable and convenient place as shall be permitted by law and designated by the Directors.
ARTICLE XV EXECUTION OF INSTRUMENTS 15.1 AUTHORIZED AGENTS. The persons who shall be authorized to execute any and all instruments of conveyance or encumbrances, including promissory notes, shall be the President and the Secretary of the Association.
ARTICLE XVI CORPORATE SEAL 16.1 CORPORATE SEAL. The Directors shall provide a corporate seal which shall be circular in form and shall have inscribed thereon the name of the Association.
ARTICLE XVII 17.1 DEFINITIONS OF TERMS DEFINITIONS OF TERMS.
The terms used in these By-Laws, to the set forth in the Declaration for LAKESIDE GREEN CONDOMINIUMS, as the same my be amended from time to time, recorded in the office of the County Clerk of Harris County, Texas.
Ma kako da 531-86-1824 CERTIFICATE I HEREBY CERTIFY that the foregoing is a true, complete and correct copy of the By-Laws of LAKESIDE GREEN OWNERS ASSOCIATION, INC., a Texas non-profit corporation, as adopted by the initial Board of Directors at its organization meeting on the A. D.. 1982.
day of IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the Corporation, this the A.D., 1982.
day of H De Jemory a leathe 16 531-86-1825 ¦ CERTIFICATE OF CORPORATE RESOLUTION OF BOARD OF DIRECTORS OF LAKESIDE GREEN OWNERS ASSOCIATION, INC.
(Guidelines Regarding Satellite Dishes and Antennas) I, Lanny McLellan Secretary of Lakeside Green Owners
ICATE OF CORPORATE RESOLUTION OF BOARD OF DIRECTORS OF LAKESIDE GREEN OWNERS ASSOCIATION, INC.
(Guidelines Regarding Satellite Dishes and Antennas) I, Lanny McLellan Secretary of Lakeside Green Owners Association, Inc., a Texas non-profit corporation (the "Association"), do hereby certify at the regular meeting of the Board of Directors of the Association held February 11, 2000, with at least a majority of the Board of Directors being present, the following resolution was duly made and approved by the Board of Directors: on WHEREAS, pursuant to that Condominium Declaration for Lakeside Green recorded in Volume 125, Page 131 et. seq. of the Condominium Records of Harris County, Texas (the "Declaration”) as amended and supplemented, the Association is charged with the responsibility for administering the Lakeside Green condominium regime (the “Condominium”); and WHEREAS, as authorized by Congress in the Telecommunications Act of 1996, the Federal Communications Commission adopted certain rules (the "Rules") concerning restrictions on viewers' ability to receive video programming signals from direct broadcast satellites, multichannel multipoint distribution (wireless cable) providers, and television broadcast stations; WHEREAS, pursuant to the Rules, restrictive covenants which are inconsistent with the Rules will no longer be enforceable; WHEREAS, pursuant to the Declaration and Section 82.102 of the Texas Property Code, a condominium association, acting through its board of directors, may regulate the use, „maintenance, repair, replacement, modification, and appearance of the condominium and adopt and implement written rules regulating the use, occupancy, modification, and appearance units and common elements; and
e, repair, replacement, modification, and appearance of the condominium and adopt and implement written rules regulating the use, occupancy, modification, and appearance units and common elements; and WHEREAS, pursuant to the Declaration and Section 82.102 of the Texas Property Code, the Board of Directors desires to set forth written guidelines with respect to satellite dishes and to record such guidelines in the real property records of Harris County, Texas; NOW THEREFORE, be it resolved that the Board of Directors, on behalf of the members of the Association, duly adopts the following guidelines (the "Guidelines") regarding satellite dishes.
CATEGORY I SATELLITE DISH IN EXCESS OF ONE METER (39 INCHES). No satellite dish which exceeds one meter (39 inches) in diameter shall be permitted.
60638-1 Page-1531-86-1826 ANTENNA. No antenna of any kind shall be permitted or installed on the exterior of any unit or building or shall be permitted to protrude from a wall or out of any window or shall be installed on the roof of any building.
CATEGORY II SATELLITE DISH OF ONE METER (39 INCHES) OR LESS. A satellite dish with a diameter of one meter (39 inches) or less, shall be permitted to be placed wholly within a unit or on an "exclusive use" area appurtenant to such unit constituting a balcony or patio which is a limited common element, provided any such satellite dish must comply with all of the Minimum Conditions set forth below. Further, the Association must receive written notification at its then current address from the owner of the applicable unit on or before the installation of any satellite dish provided for in Category 2. Such notification must include the type and color of satellite
hen current address from the owner of the applicable unit on or before the installation of any satellite dish provided for in Category 2. Such notification must include the type and color of satellite dish to be installed, and the method, manner, and site of installation. As of the date hereof, the 'Association's address is: Lakeside Green Owners Association, Inc.
c/o KRJ Management, Inc.
1800 Augusta Drive, Suite 130 Houston, Texas 77057 If the owner of a unit proposes to install a satellite dish from Category 2 in any manner whatsoever which does not strictly comply with the Minimum Conditions set forth below, such owner must submit an application to the Board of Directors and obtain the written approval of the Board of Directors prior to commencing such installation. In connection with its decision, the Board of Directors shall consider such factors as it deems appropriate, in its reasonable discretion. The application submitted to the Board of Directors must be made on a form approved by the Board of Directors and contain such information as may be required by the Board of Directors, including a statement which specifically describes the manner in which it is proposed that such satellite dish will vary from the Minimum Conditions. The Board of Directors shall endeavor to make its decision regarding the proposed satellite dish on an expedited basis within ten (10) days after receipt by the Board of Directors of the completed application and all required information; provided that, the failure of the Board of Directors to make a decision within that period or to notify the owner of its decision shall not be deemed to be approval of the application. The granting of a variance from the Minimum Conditions shall in
tors to make a decision within that period or to notify the owner of its decision shall not be deemed to be approval of the application. The granting of a variance from the Minimum Conditions shall in no way affect the owner's obligation to comply with all governmental laws and regulations and other regulations affecting the unit and/or the satellite dish.
MINIMUM CONDITIONS In addition to the foregoing requirements, no satellite dish shall be erected, constructed, placed, or permitted to remain on any portion of a unit or building unless such installation strictly complies with the following Minimum Conditions: 60639-1 Page -260639-1 531-86-1827 a. Not more than one (1) satellite dish antenna may be installed within the development for each unit.
b. The satellite dish must be located wholly within a unit or within an "exclusive use” area appurtenant to such unit constituting a limited common element (such as a balcony or patio). The satellite dish antenna must be located at the lowest height possible (preferably below the top line of the patio wall or fence, if any).
c. The satellite dish must be securely mounted to a base, so as to be able to withstand the effects of high winds or other extraordinary weather conditions; however, no guy wires or similar mounting apparatus will be allowed.
d. No advertising slogans, logos, banners, signs or any other printing or illustration whatsoever are permitted and said satellite dish shall be for the sole purpose of receiving normal signals through the airwaves for television viewing purposes only.
e. No satellite dish shall be permitted to cause any distortion or interference whatsoever with respect to any other electronic device in the condominium.
irwaves for television viewing purposes only.
e. No satellite dish shall be permitted to cause any distortion or interference whatsoever with respect to any other electronic device in the condominium.
f. The satellite dish, shall be one (1) solid color only, either white or black or acceptable shades of either brown, gray or tan.
g. The satellite dish, including its base and anchoring structure, shall not be installed or encroach upon any common elements of the condominium or the air space of another unit or the common elements, regardless of the ability or inability of the owner to receive an acceptable quality signal from the owner's exclusive use area.
h. All installation shall be completed so as to not damage the common elements or void any warranties of the Association or other owners, or in any way impair the integrity of any building or common elements.
i. A satellite dish shall not be installed higher than is necessary to obtain an acceptable quality signal or at a location that is more visible or obtrusive than an alternative location affording the same reception.
j. A satellite dish must be installed in a manner that minimizes interference or inconvenience with the Association's maintenance obligations under the Declaration.
k. Owners are responsible for all costs associated with the satellite dish including, but not limited to, costs to: Page -360639-1 1.
531-86-1828 1. Place (or replace), repair, maintain and move or remove the satellite dish, including its base and anchoring structure; 2. Repair damages to the common elements and other property damaged by the satellite dish, including its base and anchoring structure; 3. Pay medical expenses incurred by persons injured by the satellite dish, including its base and anchoring structure; and
ty damaged by the satellite dish, including its base and anchoring structure; 3. Pay medical expenses incurred by persons injured by the satellite dish, including its base and anchoring structure; and 4. Reimburse residents or the Association for damages caused by the satellite dish, including its base and anchoring structure.
Prior to the installation of any permitted satellite dish, the owner or resident of the unit must have executed an agreement, in a form and content reasonably required by the Association, whereby such owner or resident shall expressly agree to: (i) be responsible for all damages or loss caused by the installation or use of the permitted satellite dish, (ii) indemnify and hold harmless the Association for all such damage or loss, and (iii) provide the Association with a certificate of insurance showing that the Owner or resident has the appropriate amount and type of liability insurance to cover any such damage or loss. A copy of the form of agreement in use as of the effective date of these Guidelines is attached hereto as Exhibit "A."
Owners shall be responsible for the satellite dish, including its base and anchoring structure, and shall not permit a satellite dish, including its base and anchoring structure, to fall into disrepair or to become a safety hazard.
Owners shall be responsible for repairing or replacing the satellite dish if the exterior surface of the satellite dish, including its base and anchoring structure, deteriorates, or is damaged in any way, including, but not limited to, vandalism or acts of God. If a satellite dish becomes detached, the owner or resident shall either re-install the satellite dish or remove it within three (3) days of the date of receipt of notice from the Association. If the detachment
lite dish becomes detached, the owner or resident shall either re-install the satellite dish or remove it within three (3) days of the date of receipt of notice from the Association. If the detachment of a satellite dish creates, in the reasonable, good faith judgment of the Board of Directors of the Association, a safety concern the Association may remove the satellite dish without liability to, and at the sole expense of, the owner of the unit. The Association shall not be liable for any damage to a satellite dish caused by its removal in accordance with this paragraph.
m. Upon the removal of a satellite dish, whether in accordance with subparagraph 1, above, or by the owner or resident, the owner of the unit shall be obligated to restore the area where the satellite dish was located to its original condition, at the owner's sole cost.
Page -4531-86-1829 n. The satellite dish, including its base and anchoring structure, shall be installed and secured in a manner that complies with all applicable laws and regulations and manufacturer's instructions.
o. The satellite dish, including its base and anchoring structure, must be installed by a licensed and insured contractor and be properly grounded.
p. The satellite dish, including its base and anchoring structure, may not be installed on a roof.
q. No masts, poles, or similar structures shall be permitted in the installation of such satellite dish.
r. A satellite dish shall not obstruct access to or exit from any doorway or window of a unit, obstruct any walkway, impair ingress or egress to any portion of the development, or obstruct access to any electrical service equipment, water shut-off valves, or any other areas necessary for the safe operation of the development.
ENFORCEMENT
ss to any portion of the development, or obstruct access to any electrical service equipment, water shut-off valves, or any other areas necessary for the safe operation of the development.
ENFORCEMENT Notwithstanding any provisions in the Declaration and the other documents governing the Association (the "Governing Documents"), as long as an owner complies with the Guidelines, as amended from time to time, the owner will be deemed to be in compliance with the Governing Documents. However, any violations of the Guidelines will be enforced in the same manner for enforcing violations of the Governing Documents. If any provision of these Guidelines is ruled invalid, the remainder of these Guidelines shall remain in full force and effect.
OTHER GUIDELINES AND REVISIONS In addition to these Guidelines regarding antennas and satellite dishes, the Association has other guidelines pertaining to other architectural control matters. Owners should contact the Association at the above address to obtain information concerning these additional architectural control guidelines. These Guidelines and all other architectural control guidelines are subject to the revision of the Board of Directors and any revisions may be applied retroactively.
60639-1 WITNESS MY HAND on this 11 day of бев LAKESIDE 00 GREEN OWNERS ASSOCIATION, INC., a Texas non-profit corporation By втам ZANNY McLellan, Secretary Page -5STATE OF TEXAS COUNTY OF HARRIS 2000 cos cos cos 531-86-1830 This instrument was acknowledged before me on this the 11 day of FERR by LANNY MCLELLAN, Secretary of Lakeside Green Owners Association, Inc., a Texas non-profit corporation, on behalf of said corporation.
HOTARY UBLIC TEXAS ATE OF NANETTE B. HARMS NOTARY PUBLIC State of Texas Comm. Exp.09-08-2000 When Recorded Return To:
Association, Inc., a Texas non-profit corporation, on behalf of said corporation.
HOTARY UBLIC TEXAS ATE OF NANETTE B. HARMS NOTARY PUBLIC State of Texas Comm. Exp.09-08-2000 When Recorded Return To: Butler & Hailey. P.C.
5718 Westheimer, Suite 1600 Houston, Texas 77057 Dams Notary Public State of Texas 60639-1 Page -6EXHIBIT "A" AGREEMENT 531-86-1831 Owner/Resident: Unit No./Address: Date: I, the undersigned owner/resident acknowledge the receipt of the "Guidelines Regarding Satellite Dishes and Antennas" established by the Board of Directors of Lakeside Green Owners Association, Inc., a Texas non-profit corporation (the "Association") for the installation of satellite dish antennas at Lakeside Green. With regard to such Guidelines, I agree as follows: 1.
2.
3.
That I will comply with and abide by such Guidelines.
That I understand and agree that I have or will install and operate the satellite dish at my own risk, and that I will be liable for any injury, damage, or loss to persons or property caused by or resulting from the installation, operation, and removal of my satellite dish, and that I will be responsible for, and agree to reimburse the Association or any other person for any personal injury or damage occurring to the Association, residents of Lakeside Green, personnel of the Association, common property, or other residents' property. In such regard, I hereby agree to INDEMNIFY AND HOLD HARMLESS the Association (and its directors, officers, managers, employees, agents, etc.) of and from any and all claims, demands, debts, liens, liabilities, costs expenses, attorneys fees, any causes of action (including claims for contribution and indemnity) suits, judgments and any other damages whatsoever and of any nature which may arise or result from the
expenses, attorneys fees, any causes of action (including claims for contribution and indemnity) suits, judgments and any other damages whatsoever and of any nature which may arise or result from the installation, operation, and removal of the satellite dish.
To additionally ensure that I am able to pay damages in the event that the installation, operation, and removal of my satellite dish causes any injury or damage to persons or property, I acknowledge and agree to purchase and maintain liability insurance for as long as I have my satellite dish at the property and provide proof to the Association of such liability insurance.
Owner/Resident: 60639-1 Witness: Page -7GENERAL COMMON AREA LAKESIDE GREEN RULES AND REGULATIONS 531-86-1832 (1) The walkways and green areas around the buildings and entrances to the units shall not be obstructed or used for any purpose other than ingress to and egress from the units.
(2) (3) (4) (5) No alterations to exterior of buildings not meeting architectural conformity, including awnings, is allowed without written permission from the board.
No sign of any kind shall be displayed to the public view without the prior written consent of the Board.
No clothing or other aritcles shall be hung in or from patios, balconies, fences or trees.
No alteration to the interior of any unit which might endanger the structural integrity of the building is allowed.
PARKING (1) (2) (3) (4) Parking is not allowed on the grass. Make sure to observe all "No parking" signs, park within striped markings occupying only one space.
Do not park at the ends of the buildings or along the drives, this could be very dangerous if emergency vehicles could not have access.
Do not block entrances or exits.
kings occupying only one space.
Do not park at the ends of the buildings or along the drives, this could be very dangerous if emergency vehicles could not have access.
Do not block entrances or exits.
The Board of Directors requests that each owner use his assigned parking space. The open parking area by the office building is for office business or for picking up mail. No overnight or weekend parking is permitted in this area.
No recreational vehicle, trailers, boats, large trucks, or campers are allowed to be parked on the property.
At no time are individuals to park in "Fire Zones" or "No Parking" areas.
(5) Only Operable vehicles with current licenses and inspection stickers are allowed to be parked on property. Storage of vehicles in visitor parking is not allowed.
(7) (6) Repairs to vehicles cannot be performed on the property. Washing of vehicles is only permitted at the back of the property near the dumpster.
Motorcycles, motor bikes, motor scooters or other similar vehicles shall not be operated within the property except for the purpose of transportation directly from a parking space to a point outside the property.
(8). Violators of the parking rules may have their vehicles towed away and are liable for the expense.
POOL (1) Residents must accompany their guests to the pool.
Page 2 Lakeside Green Rules and Regulations Cont'd.....
POOL CONT'D..
531-86-1833 (2) Absolutely NO BREAKABLE GLASS of any sort may be brought to the pool (3) (4)' (5) (6) PETS area.
Gates are to be completely closed when entering or leaving the pool area. Children under the age of 14 must be accompanied at all times by an adult.
All persons using the pool area shall be responsible for cleaning up after themselves and returning pool furniture to its proper area.
under the age of 14 must be accompanied at all times by an adult.
All persons using the pool area shall be responsible for cleaning up after themselves and returning pool furniture to its proper area.
All noisy pool activities shall cease after 10:00 p.m.
Pool furniture may not be taken out of pool area.
(1) No pet shall create a common nuisance.
(2) (3) Animals belonging to unit owners, tenants, or guests must be on a leash being held by a person capable of controlling the animal (this is also a city ordinance), and it shall be the absolute duty and responsibility of each animal owner to clean up after such animals which have used any portion of the common elements.
Pets are not allowed in the pool area. This is a violation of the : City Health Ordinances.
(4) 1 pet per unit 20 lb. limit.
GARBAGE (1) Garbage is picked up door to door Monday thru Friday (except Holidays).
Trash must be put out before 9:00 a.m. No trash or debris should be placed in the common areas, or outside your unit, except on the designated days in time for pick-up.
(2) Nothing other than household garbage is to be left for pick-up.
make special arrangements to dispose of lumber, metal debris, and hazardous chemicals.
(3) Please A dumpster is located to the rear of the property for the use of any resident should disposal of garbage be necessary on days when door to door pick-up is not provided.
NUISANCE (1) (2) Disturbingly loud music and other noise shall not be permitted at any time.
All residents are expected to respect other's rights.
Electric tools may interfere with TV reception.
י . Page 3 Lakeside Green Rules and Regulations Cont'd.....
531-86-1834 OUTDOOR COOKING FIRES The use of outside grills, including gas grills, are prohibited within
ls may interfere with TV reception.
י . Page 3 Lakeside Green Rules and Regulations Cont'd.....
531-86-1834 OUTDOOR COOKING FIRES The use of outside grills, including gas grills, are prohibited within 10 feet of any building or enclosure (section 17-27.6 (B) City of Houston Fire Code).
All costs and expenses, including legal fees, incurred by the Board to enforce these community rules and regulations upon or against any owner shall be the sole and exclusive obligation of such owner and the owner shall reimburse the Association for all such costs, expenses and fees upon demand.
RECORDERS MEMORANDUM AT THE TIME OF RECORDATION, THIS INSTRUMENT WAS FOUND TO BE INADEQUATE FOR THE BEST PHOTOGRAPHIC REPRODUCTION BECAUSE OF ILLEGIBILITY, CARBON OR PHOTO COPY, DISCOLORED PAPER, ETC.
ANY PROVISION HERERT WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW THE STATE OF TEXAS1 COUNTY OF HARRIS ✓ I hereby certify that this instrument was FILED in File Number Sequence on the data and at the tinta stamped herson by me, and was duly RECORDED, in the Official Public Records of Real Property of Harris County, Texas on 08 COUNTY COURT HARRIS APR 20 2000 Beverly B. Langman COUNTY CLEAK HARRIS COUNTY TEXAS COUNTY CLERK Bevaly 2 Jymen 2000 APR 20 PM 3:56 FILED HARA TEXAS