BYLAWS OF LITTLE ELM LAKEWOOD ESTATES HOMEOWNERS-ASSOCIATION, INC.
ARTICLE I GENERAL PROVISIONS: REFERENCES AND DEFINITIONS · Section 1.1. References. Reference is made for all purposes to the Declaration of Covenants, Conditions and Restrictions for Lakewood Estates, Section 1 recorded in the office of the County Clerk ofDentonCounty, Texas (said Declaration and any amendments or Supplemental Declarations thereto being herein collectively called the "Declaration").
Section 1.2. Association. This corporation is the identical corporation which is referred to as the "Association" in the Declaration. This corporation (hereinafter, the II Association") shall have all the rights, powers, privileges, and authority vested in it under the Declaration and shall carry out all the functions and responsibihties therein assigned and those which may hereafter be assigned to the Association under the Declaration or otherwise.
Section 1.3. Definitions. Except as otherwise defined in these Bylaws, all terms which are defined .in the Declaration shall, when used herein, have the same meaning as that set forth in the Declaration.
ARTICLE II FUNCTIONS OF THE ASSOCIATION Section 2.1. ·Pumoses. The purposes for which the Association is formed are to promote maintenance, administration and preservation of the Lots and other portions ofthe Properties; to exercise the duties and prerogatives provided for the Association in the Declaration; to have and to exercise any and all powers, rights, and privileges which a corporation organized under the Non Profit Corporation Act ofthe State of Texas may now or hereafter have or exercise; and, to the extent permitted by law, to do any and all other things necessary to implement or accomplish the purposes
Profit Corporation Act ofthe State of Texas may now or hereafter have or exercise; and, to the extent permitted by law, to do any and all other things necessary to implement or accomplish the purposes set forth in the Declaration and these Bylaws. To carry out said purposes properly, the Association.
shall, to the extent permitted or required by the Declarat10n, at the discretion of its Board of · Directors, perfonn the following functions, and the exercise of such functions shall be deemed to be within the scope of activities contemplated by the Articles of Incorporation and the Declaration: (a) Accept conveyances of, own, sell, and encumber Common Area, subject to the terms of the Declaration and these Bylaws.
(b) Exercise an of the powers and privileges and perform all of the duties and obligations of the Association as set forth in the Declaration and Articles of Incorporation and pay all expenses incidental-theretn- .,---~--------------------------.
( c) Enforce the decisions and ruling of the Association.
341311 CMM 122154 00004 11/1/2001 Page 1 of 13 (d) Enforce all restrictions, covenants, easements, and liens provided in the Declaration, and pay all of the expenses in connection therewith. .
( e) Reimburse the Declarant under the Declaration for all costs and expenses mcurred or paid by it in connection with the enforcement of any of the conditions, covenants, restrictions, charges, Assessments, or terms. set forth in the Declaration. · (f) Lease, provide, control, maintain, and operate the Common Area.
(g) Create, construct, and maintain private streets, alleys, road, rights-of-way, and easements.
(h) Do all things necessary for the upkeep, repair, and maintenance of all
and operate the Common Area.
(g) Create, construct, and maintain private streets, alleys, road, rights-of-way, and easements.
(h) Do all things necessary for the upkeep, repair, and maintenance of all CoJ11111on Area and the placement of improvements, fixtures, and equipment thereon, including the replacement of obsolete or damaged improvements, fixtures, and equipment.
. (i) Provide for the landscaping of the Common Area necessary to provide a uniform scheme of landscaping for the Properties as a whole.
G) Do all things necessary for the upkeep; repair, and maintenance of the Common Area, including obtaining the agreement of any appropriate governmental entity to assume the maint~nance obligation for the street within the Common Area; (k) Pay legal and other expenses incurred in connection with the enforcement of all recorded charges, covenants, restcrictions, and conditions affecting property to which the Assessments apply.
(1) Provide patr,pl services, including but not limited to, the employment of courtesy officers, supplemental mU11iicipal services; and/or to provide and operate a communications system.
(m) Do all thingsnecessaryto enforce the provisions of the Declaration, including but not limited to provide for the enforcement of exterior maintenance of all Dwelling Units, to the extent provided for by the Declaration, and send invoices or take other necessary action to collect the cost of such exterior maintenance from the Owner of the Lot. · · (n) Fix, levy, collect, and enforce payment by any lawful means, of all charges and assessments (including, but not.limited to, the Assessments) pursuant to the terms of the Declaration, including, but not limited to, the right to foreclose the lien against any Lot(s); pay all
es and assessments (including, but not.limited to, the Assessments) pursuant to the terms of the Declaration, including, but not limited to, the right to foreclose the lien against any Lot(s); pay all expenses in connection therewith and all administrative and other expenses incident to conducting the business of the Association, including all licenses, taxes, assessments, or other governmental charges levied or imposed against the Properties of the Association.
( o) Participate in, and enforce the results of the Architectural Control Committee, to the extent provided in the Declaration.
. (p) Do all other things necessary or desirable in the opinion of the Association to keep the Properties in neat and good order, or which it considers of general benefit to the Owners of said funds shall be final and.conclusive so long as such Judgment 1s exercised m good faith.
34l311 CMM 122154000041 L/1/2001 Page2 of 13 (q) Set and establish the amount of the Assessments or charges which may be imposed bythe Association pursuant to the Declaration, and hold and administer the funds generated by such Assessments and other charges in the manner and for the purposes contemplated by and in accordance with the terms and provisions of the Declaration and these Bylaws.
(r) · Acquire by gift; purchase, or otherwise own, hold, improve upon, build, enjoy, operate, maintain, convey, sell, lease, transfer, mortgage, dedicate for public use, or otherwise dispose of, real or personal prpperty in connection with the business of the Association, subject to the terms of the Declaration and these Bylaws. · ( s) Borrow money in the name of the Association for the purpose of carrying out
rpperty in connection with the business of the Association, subject to the terms of the Declaration and these Bylaws. · ( s) Borrow money in the name of the Association for the purpose of carrying out the corporate affairs, with the consent ( either by written instrument or by voting at a meeting duly called for such purpose) of a majority of the Board of Directors. However, in no event may the Association lend, contract for a loan, or issue evidences of indebtedness to any-member of the Board of Directors, officers, or Disqualified Persons (as that term is defined m Section 4946[a] of the futemal Revenue Code of 1986 [the 11Code11] or any amendment or successor thereto). Moreover, the Board of Directors of the Association who vote for or assent to the making ofa loan to a member of the Board or officer of the Association or to such Disqualified Person and any officer or officers participating in the making of such loan, shall be jointly and severally liable to the Association for the amount of such loan until the full repayment thereof.
· (t) Participate in mergers and consolidations with other non-profit Associations organized for the same purposes; provided, however, any such merger or consolidation shall require the approval of the United States Department of Housing and Urban Development or the Veterans Administration for so long as there is a Class "B" Membership. · (u) Exercise jurisdiction and control over any property made subject to the jurisdiction of the Association in accordance with the terms 9fthe Declaration.
Section 2.2. Area. The activities of the Association shall be limited to (i) the Properties, and (ii) such other areas as may hereafter voluntarily or through the operation of conditions, covenants,
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Section 2.2. Area. The activities of the Association shall be limited to (i) the Properties, and (ii) such other areas as may hereafter voluntarily or through the operation of conditions, covenants, restrictions, Supplemental Declaration, easements, reservations or charges pertaining to the same be placed under or .submitted to the jurisdiction of the Association.
ARTICLE ill MEMBERSHIP Section 3.1. Membership. Every Owner of a Lot in Lakewood Estates, Section 1, a subdivision set forth on a Map or Plat thereofrecorded in the office of the County Clerk of Denton County, Texas, and areas annexed thereto pursuant to the recorded Declaration, shall be a Member of the Association. Membership shall be appurtenant to and shall not be separated from ownership of any Lot. When ownership of any Lot is held by more than one person or by a legal entity which is not a natural person, all such Owners shall be Members of the Association, however, the voting rights of such Members shall be limited to one (1) vote for each Lot owned and shall be exercised as they among themselves shall determine.
Section 3.2. Suspension of Membership. A Member must be current in the payment of the Assessments and any duly adopted special assessment to validate the Membership and entitle the Member to all rights and privileges of same. During any period in which a Member shall be in default in the payment of any annual or special assessment levied by the Association, the voting 341311 CMM 122154 00004 11/1/200 l Page 3 of 13 tjglJJij an,d right to use of the recreatioiial faciHties of such Member may be suspended by the Board pf'Directbrs until such assessment ha.s been paid. Such other righttl of a Member may also be
13 tjglJJij an,d right to use of the recreatioiial faciHties of such Member may be suspended by the Board pf'Directbrs until such assessment ha.s been paid. Such other righttl of a Member may also be sµspended pursuant to the Deglaration, for a period not to exceed;sixty (60) days, for a single vitjJation, or for a longer period In the qase of any continuing viola.tion, of the Declaration, these Bylaws, or the, Rules and Regµtadans 6f the Association.
ARTICLE IV clas.ses of voting Meri.lbet"i!hip, Class A Membership ,w:gi'ch shall include .all Owners with the exception of Decla:ra11J in"id Class B Mem.Mt!:iihlp whic.t~shall be the Declarant, all as more fully set.
for such period~ o.f time as more specifict,.Uy set foitlfin the Declaration. .. ' '- ( . ~ ARTiql:1EV BOARD OF DIRECTORS(SELECTION: TERM OF OFFICE Ser.;tion S .1. Number. Th~ affairf:1 3 but no mdre than 5 directors, who nee,t":pot be Members of the Association. The initial Board of Directors shall consist of 3 persons. "r· Ass'ooiation until ninety (90) d~sJfter the termination of Class B Membership status ofDeclarant,
e Ass'ooiation until ninety (90) d~sJfter the termination of Class B Membership status ofDeclarant, . of t1k-. lA..ssociat10n s.haU be ./.iihll,>l(l;for the express purpose of electing a new Board of D1rectors. At .. Jei' 21:.term of two (i) ye(lµ:s;iMd one (1) d1rector for a term of three (3) years; and at each annual ;-nfe$~hg thereafter the Mezy.lt.ers shall elect a director for a tem1 of three (3) years to fill each expiring Secikm 5 .4. Com]i)tm1~.ation, No director shall receive compensation.for any service he may render to the Association. ~6W!3Vef., any director may be reimbursed for his actual expenses incurred in the performance of bis dR.tl'es,,.
ARTICLE VI ~ MEETINtsS OF DIRECTORS 341311 CMM 122154 0000411/1/2001 Page4 of 13 ,r / / (
Directors shall be held at such 341311 CMM 122154 0000411/1/2001 Page4 of 13 ,r / / ( _meeting fall upon a legal holiday, that meeting shall be held at the same time on the next day which is not a legal holiday. Any such meeting, whether regular or special, may be held by conference telephone or similar communications equipment by means of which all persons participating in the · meeting· can hear each other, and participation in the meeting in such manner shall constitute presence in person at such meeting.
Section 6.2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three (3) Section 6.3. Quorum. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.
Section 6 .4. Action Tak.en Without a Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors.
Section 6.5. Meeting Organization. At each meeting of the Board, the president, or ifhe or she is absent therefrom, the vice president, or if he or ·she is absent therefrom, a director chosen by a majority of the directors present, shall act as Chair and preside over such meeting. The secretary,
s absent therefrom, the vice president, or if he or ·she is absent therefrom, a director chosen by a majority of the directors present, shall act as Chair and preside over such meeting. The secretary, or if he or she is absent, the person whom the Chair of such meeting shall appoint, shall act as · secretary of such meeting and keep the minutes thereof.
ARTICLE VII NOMINATION AND ELECTION OF DIRECTORS; RESIGNATIONS OR VACANCJES Section 7. I. Nomination. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting: The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors., and two or more members of the Association. The Nominating Commii:tee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the close of such annual meeting until the close of the next annual meeting. After the termination of Class i3 Membership, the Nominating Committee shall make as many nominations for election to the Board of Directors as it shall 'in its discretio_n determine, but not less than the number of vacancies that are to be filled ..
Section 7 .2. Election. Election to the Board of Directors shall be by secret written ballot cast at the annual meeting. At such election the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.
Section 7 .3. Resignations. Any director may resign at any time by giving written notice of
ion. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.
Section 7 .3. Resignations. Any director may resign at any time by giving written notice of his or her resignation to the Association. Any such resignations shall take effe~t at the time specified therein, or, if the time when it shall become effective is not specified therein, it shall take effect immediately upon its receipt by the president or the secretary; and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it _effective.
341311 CMM 122154 00004 l 1/1/2001 Page5 of 13 Section 7.4. Vacancies on the Board.
(a) Any vacancy occurring in the Board of Directors may be filled by the affirmative vote of the majority of the remaining directors though less than a quorum or by a sole . remaining director, and any director so chosen shall hold office until the next election of directors when his or her successor is elected and qualified. Any newly created directorship shall be deemed a vacancy. When one (1) or more directors resigns from the Board, effective at .a future time, a majority of the directors then in office, including those who have so resigned, may.fill such vacancy, vote on the vacancy to take effect when such resignation becomes effective. If by reason of death, resignation, or otherwise, the Association has no directors in office, any officer or Member may call a special meeting of Members for the purpose of electing the.Board of Directors. · . (b) Should an elected director failto assume office by reason of death, disability, declination prior.to the beginning date of the term to which elected, then the unsuccessful candidate
Directors. · . (b) Should an elected director failto assume office by reason of death, disability, declination prior.to the beginning date of the term to which elected, then the unsuccessful candidate in such election receiving the next highest number of votes shall be deemed elected in his or her stead. · ARTICLE VIII POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 8.1. Powers. The Board of Directors shall have the power: (a) To take the appropriate action in furtherance of those powers of the · Association enumerated in Article II of these Bylaws; (b) To adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the Members and their guests thereon, and to establish penalties and fines for the infraction thereof; ( c) To exercise for the Association all power, duties, and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these Bylaws and the Articles ~fincorporation; (d) To declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of ~irectors without just cause having been furnished to and accepted by the Board; (e) To establish, disburse, and maintain such petty cash fund as necessary for efficiently carrying on the.business of the Association; and (f) To engage the services of a manager, an independent contractor, or such employees as it deems necessary, and to prescribe the conditions, compensation, and duties of their work. Such power shall include authority to enter into management agreements with other parties to manage, operate, or perform all or any part of the affairs and business of the Association.
of their work. Such power shall include authority to enter into management agreements with other parties to manage, operate, or perform all or any part of the affairs and business of the Association.
Section 8.2; Duties. It shall be th~ duty of the Board of Directors: ( a) To cause to be kept a complete record of all its acts and corporate affairs and 341311 CMM 1221540000411/1/2001 Page6 of 13 to present a statement thereofto the members at the annual meeting of the members or at any special meeting, when such statement is requested in writing by one-fourth (1/4) of the Class A members who are entitled to vote; · (b) To supervise all officers, agents, and employees of this Association, and to see that their duties are properly performed; · ( c) To establish annually a budget and membership fees or assessments; · ( d) To procure and maintain adequate liability and hazard insurance on property owned by the Association; .
(e) To cause all officers, employees, or agents, having fiscal responsibility to be bonded, as it may deem appropnate; · (f) To cause the Common Area to be maintained; and (g) Perform such other duties as may be established bythe Membership from time to time or set forth in these Bylaws, the Articles of Incorporation, or the Declaration.
ARTICLE IX COMMITTEES Section 9 .1. The Board of Directors may appoint committees as deemed appropriate in carrying out its purposes, which may include for example, but not by way of limitation, the following: .
(a) A Nominating Committee as provided for in Section 7.1 of these Bylaws; (b) A Recreation Committee to advise the Board of Directors on all matters pertaining to the recreational program and activities of the Association and to perform other such :functions as the Board in its discretion determines;
to advise the Board of Directors on all matters pertaining to the recreational program and activities of the Association and to perform other such :functions as the Board in its discretion determines; ( c) A Pubhcity Committee to inform the Members of all activities and :functions of the Assocj ation and after consulting with the Board of Directors, to make such public releases and ( d) An Audit Committee to supervise the annual audit of the Association's books and approve the annual budget and statement of income and expenditures to be presented to the membership at its regular annual meeting, as provided in Article XI, Section 11.8( d). The Treasurer Section 9.2. It shall be a function of each committee to receive complaints from members on any matter involving Association duties and activities within its field ofresponsibility. It shall make a recommendation and refer all information to the Board of Directors for action and/or disposition. · 341311 CMM 1221540000411/1/2001 Page 7 of 13 ARTICLEX MEETINGS OF MEMBERS Section 10 .1. Annual Meetings. The first annual meeting of the Members shall be held at a time to be designated by the Board of Directors, and each subsequent regular annual meeting of the Members shall be held in the same month of each year thereafter, the place and time to be provided by the Board of Directors by giving written notice to the Members in accordance with the Texas Non-Profit Corporation Act. If the day for the annual meeting of the Members is a legal · holiday, the meeting will be held at the same hour on the first day following which is not a legal
h the Texas Non-Profit Corporation Act. If the day for the annual meeting of the Members is a legal · holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday. Until such time as Declarant has relinqmshed control of the Association, the annual meeting of the Membership shall be of a purely informal and informational nature and not for purposes of electing directors. Upon transfer of control of the Board of Directors to Owners other than Declarant, the annual Membership meeting shall, among other things, be used for the purpose of electing directors and conducting other official business of the Association.
Section 10.2. Special Meetings. Special meetings of the Members may be called at any time . by the president or by a majority of the Board of Directors, or upon written request of the Members who are entitled to vote one-fourth (1/4) of all of the votes of the entire membership ..
Section 10.3. Notice of Meetings. Except as otherwise provided in the Articles of Incorporation, or these ByLaws, written notice of each meeting of the Members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least 10 days before such meeting to each Member entitled to vote thereat, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member designating an.alternate address to the Association for the purpose of notice. Such notice shall specify the place, day, and hour of the meeting and, in the case of a special meeting, the purpose of the meeting.
Section 10.4. Quorum. The presence at the meeting of Members entitled to cast, or of
specify the place, day, and hour of the meeting and, in the case of a special meeting, the purpose of the meeting.
Section 10.4. Quorum. The presence at the meeting of Members entitled to cast, or of proxies entitled to cast ten percent (10%) of the votes, shall constitute a quorum. If, however, such . quorum shall not be present or represented at any meeting, the Members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid, shall be present or be represented.
Section 10.5. Proxies. At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon cessation of membership or restriction of the Member's voting rights.
Section 10.6. Canvas in Lieu of Meeting. In the event that a quorum of Members is riot achieved at any scheduled meeting, the Board of Directors may authorize a door-to-door canvas of all Members whose votes shall be duly recorded, and any action so taken shall have the same force and effect as if taken at a meeting at which a quorum of Members was present. Any such canvas must be completed within 30 days of the Board's decree.
Section 10. 7. Majority Vote: Withdrawal of Quorum. When a quorum is ·present at any meeting of the Members, the vote of the holders of a majority of the votes, present in person or represented by proxy, shall be sufficient to take action and decide any question validly brought before such meeting unless the question is one upon which by express provision ofthe statutes, the Articles .of Incorporation, or these Bylaws, a different vote is requited, in which case such express
before such meeting unless the question is one upon which by express provision ofthe statutes, the Articles .of Incorporation, or these Bylaws, a different vote is requited, in which case such express 34131 I CMM 122154 00004 11/1/2001 Page 8 of 13 I :a.I provision shall govern and control the deciding of such question. The Members present at a duly organized meeting may continue to transact business until adjournment, notwithstanding the Section 10.8. Voting.
(a) Voice Vote. A voice or standing vote or show of hands of Members shall prevail on all matters of business, except the following items which require a ballot vote: (i) The election of all directors.
(ii) When a majority of the Board of Directors requests a ballot vote.
(iii) When a ballot is requested by a majority vote of the eligible Members of the Association attending the meeting. .
(b) Ballot Vote. When a ballot vote is required the following will apply: (i) Voting shall proceed under the supervision of the Board of Directors .
. (ii) At least two (2) of the Board of Directors and/or agents for the Association shall be in attendance at all times during voting and they shall determine eligibility of all voters, issue all official ballots, and witness the casting of the ballots.
(iii) Ballots shall be opened and tabulated in the presence of at least three (3) Members of the Board of Directors and/or agents for the Association. Upon completion of the tabulation of ballots, the results shall be certified by the Board of Directors and kept at the offices of the Association.
(iv) Any Member may be present as an observer at the tabulation of votes.
(c) Mail Vote.
(i) A majority of the Board of Directors may authorize use and
tors and kept at the offices of the Association.
(iv) Any Member may be present as an observer at the tabulation of votes.
(c) Mail Vote.
(i) A majority of the Board of Directors may authorize use and implementation of a mail-in ballot on any election or issue. it .deems appropriate, including the· election of directors.
(ii) When mail-in ballots are authorized by the Board, said ballots shall be prepared and mailed to the Members no later than twenty (20) days prior to the date of the election, the date set for the tabulation of the ballots shall be stated on the ballot. Ballots received on or after the date set for tabulation of the ballots shall not be counted.
(iii) The determination of eligibility and tabulation of votes shall proceed under the supervision of the Board of Directors and/or its agent, manager, etc. .
(iv) Following tabulation, all ballots will be sealed and stored for a period of thirty (30) days in the custody of the Board of Directors or in the office where the records of the Association are maintained.
a tie vote shall be decided by lot. fu the event of a tie vote in the election of directors, the director 341311 CMM 122154 00004 11/1/2001 Page9 of 13 AR TTC'.LE XI OFFICERS AND Tl;I/JUl:,J)UTIE~
AR TTC'.LE XI OFFICERS AND Tl;I/JUl:,J)UTIE~ Section 112. Election of Officers. The .election of officers shall 1, meeting of the Board of Directors following each annual meeting of the Memlf)lace at thi;, :fi..rnt Section 11.3. Term. The officers oftbis Association shall be elected annm, and shall hold office for one (1) year unless he shall soonerresign, or shall be rernove;v the· Board disqualifieQ to serve. otherwfae without cause by the Board. Any officer may resign at any time by giving notioo iC) tpe Board, th, president, or the secretary. Such resignation shall take effect on the date of reeoipt C)f such notice or at any later time specified therein; the acceptance of such resignation shall not he nacessary to make it e:ffective. The Board may declare an office vacant in the event three (3) meeting(ll in a row are missed.
r time specified therein; the acceptance of such resignation shall not he nacessary to make it e:ffective. The Board may declare an office vacant in the event three (3) meeting(ll in a row are missed.
Section 11.6. Vacancies. A vacancy in any office may be filled in the manner prescribed for regular election of officers .. The officer elected to such vacancy shall serve for the remainder of tho term of the officer he replaces. · S'ection 11. 7. Multiple Offices. Tb e offices of secretary and treasurer may be held by the same person. No person _shall simultaneously hold more than one of any of the other offices except Section 11.8. Duties. The duties of the officers are as follows: President (a) The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out, shall sign all easements, contracts, leases, . mortga.ges, deeds, and other written instn.rrrients; and shall co-sign all checks and promissory notes.
34131 I CMM 122154 0000411/1/2001 Page 10 of 13 """. { / \ . I Vice-President (b) The vice-president shall act in the place and stead of the president in the event of his absence, inability, or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board.
Secretary ( c) The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; keep the corporate seal of the Association and affix it on all papers requiring said seal; _serve notice of meetings of the Board and of the Members; keep appropriate current records showing the Members of the Association together with their addresses,
it on all papers requiring said seal; _serve notice of meetings of the Board and of the Members; keep appropriate current records showing the Members of the Association together with their addresses, and shall perform such other duties as required by the Board.
Treasurer ( d) The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep prop.er books of account; cause an annual audit of the Association books to be made by a public accountant and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting and deliver a copy 'of each to the Members.
ARTICLE XII ASSESSivIBNTS Section 12.1. Assessments in Accordance with the Declaration. The Declaration sets forth the obligation of each Member to pay to the.Association Assessments. The payment of such Assessments is secured by a lien upon each Member's Lot against which the Assessment is made, and the Association's rights pertaining to such lien may be enforced in the manner provided for in the Declaration. No Owner may exempt himself from payment of Assessments by waiver of the use or enjoyment of all or any portion of the Common Area or abandonment of his Lot.
ARTICLE XIlI BOOKS AND RECORDS The books, records, and papers of the Association shall, during normal business hours, be subject to inspection by any Member upon reasonable notice to the Association, hut in no event sooner than one (1) business days' notice to the Association. The Articles of Incorporation and the
s, be subject to inspection by any Member upon reasonable notice to the Association, hut in no event sooner than one (1) business days' notice to the Association. The Articles of Incorporation and the Bylaws of the Association shall be available for inspection by any Members at the principal office of the Association, during normal business hours, where copies may be purchased at reasonable cost.
ARTICLE XIV FISCAL YEAR The Fiscal Year of the Association shall begin on the :first day ofJanuary and end on the 31st day of December of every year, except that the first :fiscal year shall begin on the date of incorporation.
341311 CMM 122154 00004 l 1/1/2001 Page 11 of 13 ARTICLE.XV AMENDMENTS Section 15 .1. These Bylaws may be amended at a regular or special meeting of the Members, by a vote of a majority of a quorum the Board of Members pr~sent in person or by proxy.Directors ..
Section 15.2. fu case of any conflict between the Articles ofincorporation and these Bylaws, the Articles shall control. In case of any conflict between the Declaration and these Bylaws, the Declaration shall control.
ARTICLE XVI GENDER AND GRAMrvlAR The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provision hereof apply either to corporations or individuals, men or women, shall in all cases be assumed as though in each case fully expressed.
ARTICLE XVII INDEMNIFICATION OF OFFICERS AND DIRECTORS The Association shall indemnify its officers and directors to the maximum extent allowable pursuant to Texas Civil Statutes, Article 1396-2.22A (Section B), as the same now exists or may be hereafter amended.
ARTICLEXVIlI CERTIFICATE OF ADOPTION OF BYLAWS
ors to the maximum extent allowable pursuant to Texas Civil Statutes, Article 1396-2.22A (Section B), as the same now exists or may be hereafter amended.
ARTICLEXVIlI CERTIFICATE OF ADOPTION OF BYLAWS The undersigned Directors, being all of the Directors of Little Elm Lakewood Estates Homeowners Association, Inc., hereby certify that these Bylaws are the true and correct Bylaws of the Association voted upon and adopted at the Organizational Meeting of the Board ofDrrectors duly 341311 CMM 1221540000411/l/2001 Page 12 of 13 THE STATE OF TEXAS § § COUNTY OF DENTON § Before me, the undersigned authonty, on th1S day personally appeared Samuel L Wyse, ill, D1rector of Little Elm Lakewood Estates Homeowners Association, Inc., a Texas non-profit corporation, known to me to be the person whose. name 1s subscribed to the foregomg mstrument and aclmowledged to me that he executed the same for the purposes and cons1derat10n therem expressed, as the act and deed of such corpornqon, and in the capacity therein stated.
THE STATE OF TEXAS § COUNTY OF DENTON § Before me, the undersigned authonty, on this day personally appeared Adnan B. Amo1d, Director of Little Elm Lakewood Estates Homeowners Association, Inc., a Texas non-profit corporation, known to me to be the person whose name ts subscnbed to the foregomg mstrument and acknowledged to me that he executed the same for the purposes and consideration therem expressed, as the act and deed of such corporation, and m the capac1ty therem stated.
therem stated.
THE STATE OF TEXA § COUNTY OF DENTON § Before me, the undersigned authonty, on this day personally appeared Bryan H. Blagg, Director of Little Elm Lakewood Estates Homeowners Association, Inc., a Texas non-profit corporat10n; known to me to be the person whose name 1s subscnbed to the foregomg mstrument and aclmowledged to me that he executed the same for the purposes and considerat10n therem expressed, as the act and deed of such corporation, and m the capacity therem stated.
Given under my hand and seal of office this d-. day o.f0n/!.iJl:u. , 20~ 341311 CMM 122154 00004 11/1/2001 Page 13 of 13 · 11 I ilil!l!IIIHIHIII ! I 70 2005 00023471 Recorded On: March 01, 2005 Denton County Cynthia Mitchell County Clerk Denton, TX 76202 Instrument Number: 2005-23471 As Amendment.
Parties: LITTLE ELM LAKEWOOD ESTATE HOMEOWNERS To Comment: . f.
·., .64.0Q . Billable Pages: 21 Number of Pages: 21 Any prov1s1on herem which restricts the Sale, Rental or use of the descnbed REAL PROPERTY because of color or race 1s invalid and unenforceable under federal law, File Information: Document Number: 2005-23471 Receipt Number. 174076 "na11trd11EI Ql!lterrlma, M11rr;ih 01, 20015 12:4f3P User/ Station: J Morris -Cash Station 1 ' Recc;>rd and Return To: STEWART TITLE Wll..L CALL 01:!NTON TX 76202 ,_;,.
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