BYLAWS OF M.R. PLACE COMMUNITY ASSOCIATION, INC.
ARTICLE I NAME AND LOCATION The name of the corporation is M.R. PLACE COMMUNITY ASSOCIATION, INC., hereinafter referred to as the " Association". The principal office of the Association shall be located at 7170 Cherry Park Drive, Houston, Texas 77095, but meetings of members and directors may be held at such places within the State of Texas, as may be designated by the Association's Board of Directors.
55-5 ARTICLE II DEFINITIONS Section 1. "Member(s)" shall mean and refer to those persons or entities so designated in the Articles of Incorporation of the Association.
Section 2. "Properties" shall mean and refer to that certain real property described in the Declaration(s) of Covenants, Conditions and Restrictions filed of record covering sections of MAPLE RIDGE PLACE, a residential subdivision in Harris County, Texas, and such additional sections of MAPLE RIDGE PLACE as may hereinafter be brought within the jurisdiction of the Association.
Section 3. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the Owners.
Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision plat of the Properties with the exception of the Common Area and commercial reserves, if any, which may be excluded from the scope of the Declaration of Covenants, Conditions and Restrictions.
Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
ies, of the fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 6. "Developer" shall mean and refer to Woodmere Development Co., Ltd., its successors and assigns if such successors or assigns should acquire undeveloped real property from the Developer for the purpose of developing the property as a portion of the MAPLE RIDGE PLACE development.
Section 7. "Restrictions" shall mean and refer to the Declaration(s) of Covenants, Conditions and Restrictions applicable to MAPLE RIDGE PLACE, recorded or to be recorded in the Official Public Records of Real Property of Harris County, Texas, and any amendments thereafter or such other restrictions created by additional properties annexed to the Properties.
ARTICLE III 453-1641 MEETING OF MEMBERS Section 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 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 on the fist day following which is not a legal holiday. Until such time as the Declarant has relinquished 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 the Declarant, the annual Membership
e 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 the 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 2. Special Meetings. Special meetings of the Members may be called at any time by the President of the Association or by the Board of Directors of the Association, or upon written request of the Members who are entitled to vote (as defined in the Association's Articles of Incorporation).
Section 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 alternative 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 4. Quorum. The presence at any meeting of the Members entitled to cast, or of proxies entitled to cast, one-tenth (1/10 th ) of the votes of each class of membership shall constitute a quorum for any action, except as otherwise provided in the Articles of Incorporation, Restrictions or these Bylaws. If, however, a quorum shall not be present or represented at any meeting, the Members entitled to vote therein
ept as otherwise provided in the Articles of Incorporation, Restrictions or these Bylaws. If, however, a quorum shall not be present or represented at any meeting, the Members entitled to vote therein shall have power to adjourn the meeting from time to time without notice of other than an announcement at the meeting until a quorum shall be present or represented.
Section 5. Proxies. At all meetings, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary of the Association. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his Lot.
ARTICLE IV BOARD OF DIRECTORS: SELECTION AND TERM OF OFFICE Section 1. Number. The affairs of this Association shall be managed by a board of three (3) to five (5) directors, who need not be Members of the Association.
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Section 2. Term of Office. At the first annual meeting the Members shall elect two (2) directors for terms of two (2) years, and three (3) directors for terms of three (3) years; and at each annual meeting thereafter , the Members shall elect directors for terms of two (2) years as may be needed.
Section 3. Removal. Any director may be removed from the Board of Directors, with or without cause, by a majority vote of the Members of the Association. In the event of death, resignation or removal of a director , his successor shall be selected by the remaining Members of the Board of Directors and shall serve for the unexpired term of his predecessor.
Section 4. Compensation. No director shall receive compensation for any service he may render to the Association.
Section 5. Action Taken Without a Meeting. In the absence of a meeting, by obtaining the written approval and consent
ector shall receive compensation for any service he may render to the Association.
Section 5. Action Taken Without a Meeting. In the absence of a meeting, by obtaining the written approval and consent of all the directors, the directors shall have the right to take any action which they could take at a meeting. Any action so approved shall have the same effect as though taken at a meeting of the directors.
ARTICLE V NOMINATION AND ELECTION OF DIRECTORS Section 1. 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 (2) or more Members of the Association. The nominating committee 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 and such appointment shall be announced at such annual meeting. The nominating committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among Members or non-Members.
Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At such election the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Articles of Incorporation and Restrictions.
The persons receiving the largest number of votes shall be elected.
ARTICLE VI MEETING OF DIRECTORS
hey are entitled to exercise under the provisions of the Articles of Incorporation and Restrictions.
The persons receiving the largest number of votes shall be elected.
ARTICLE VI MEETING OF DIRECTORS Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held quarterly without notice, at such place and hour as may be fixed from time to time by the Board of Directors.
Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday.
ZESTES-I 豆漿 Section 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 (2) directors, after not less than three (3) days notice to each director.
Section 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 of Directors.
ARTICLE VII POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1. Powers. The Board of Directors shall have the power to (a) adopt and publish rules and regulations governing use of Common Area and facilities, if any, and the personal conduct of the Members and their guests thereon, and to establish penalties for infractions thereof; .
(b) suspend the voting rights and right to use of recreational facilities, if any, by Members during any period in which such Member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for a period not to exceed sixty (60) days for infractions of published rules and regulations.
of any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for a period not to exceed sixty (60) days for infractions of published rules and regulations.
(c) exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of these Bylaws or the Articles of Incorporation, or the Declaration (s) of Covenants, Conditions and Restrictions; (d) declare the office of a member of the Board of Directors to be vacant in the event each such Member shall be absent from three (3) consecutive regular meetings of the Board of Directors; and (e) employ manager(s), accountant(s), bookkeeper(s), attorney(s), and independent contractor(s), or such other employees as they deem necessary, and to prescribe their duties.
Section 2. Duties. It shall be the duty of the Board of Directors to: (a) cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members or at any special meeting when such statement is requested in writing by one-fourth (1/4th) of the Class A Members who are entitled to vote; (b) supervise all officers, agents and employees of the Association, and to see that their duties are properly performed; (c) as more fully provided in the Declaration(s) of Covenants, Conditions and Restrictions, to: (1) fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period; 955-195 01-53–16 The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any Member. The Articles of Incorporation, the Bylaws of the
01-53–16 The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any Member. The Articles of Incorporation, the Bylaws of the Association and the Restrictions shall be available for inspection by any Member at the principal office of the Association where copies may be purchased at a reasonable cost.
ARTICLE XI REMEDIES FOR NON-PAYMENT OF ASSESSMENT As more fully provided in the Restrictions, each Member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of ten percent (10%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs and reasonable attorneys I fees of any such action shall be added to the amount of such assessment. No Member may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
ARTICLE XII AMENDMENTS Section 1. These Bylaws may be amended, at a regular or special meeting of the Members, by a vote of a majority of a quorum of Members present in person or by proxy.
Section 2. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Restrictions and the Bylaws, the Restrictions shall control.
ARTICLE XIV FISCAL YEAR
Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Restrictions and the Bylaws, the Restrictions shall control.
ARTICLE XIV FISCAL YEAR The fiscal year of the Association shall begin on the 1st day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation.
591IN WITNESS WHEREOF, we, being all of the Directors of the M.R. PLACE COMMUNITY ASSOCIATION , INC., have hereunto set our hands the 28th day of January, 2005.
Richard Rue Damon Sachs Chad Medors Due ANY PROVISION HEREIN WHICH RESTRICTS THE SALE RENTAL, OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNFORCEABLE UNDER FEDERAL LAW THE STATE OF TEXAS COUNTY OF HARRIS Thoroby certify that this mstrument was FILED in file number Sequence on the dale and at the time stainped hereon by me, und was duly RECORDED. In the Official Public Racords of Real Properly of Harris County Texas on OF HARRIS COUNTY TEXAS FEB 14 2005 Beverly B. Kayman COUNTY CLERK HARRIS COUNTY, TEXAS RP-2016-530546 5 AMEND mm AMENDMENT OF THE BYLAWS OF RP-2016-530546 11/28/2016 MAPLE RIDGE PLACE COMMUNITY ASSOCIATION, INC.
RP2 $32.00 WHEREAS, the Board of Directors ("Board") of the Maple Ridge Place Community Association, Inc. ("Association") held a Board of Directors meeting on the November, 2016; and ✓ day of WHEREAS, the Board noted the increasing problem of apathy within the membership of the Maple Ridge Place community and the difficulty in acquiring the necessary votes to establish a quorum for the annual meeting of the members sufficient to allow the community's business, including the election of directors, to be conducted; and
lty in acquiring the necessary votes to establish a quorum for the annual meeting of the members sufficient to allow the community's business, including the election of directors, to be conducted; and WHEREAS, the Board also noted that, because of the size of the collective subdivision, a reduction in the quorum amount required to conduct the annual meeting(s) of the members would enhance the Association's ability to achieve quorum after the initial attempt to conduct and hold same. In addition, in an attempt to reduce the administrative costs associated with the notice required to be sent to the membership in order to hold subsequent annual meetings of the membership if quorum is not initially achieved, the Association noted that an additional reduction in the number of members required for quorum at these subsequent annual meetings might facilitate the achievement of the quorum requirement and enable the Association to conduct the business of the community including the election of new directors to the governing Board; and WHEREAS, the Board also noted that, pursuant to Texas Property Code section 209.00593, the law provides that "[n]otwithstanding any provision in a dedicatory instrument, any board member whose term has expired must be elected by owners who are members of the Amendment of By-Laws Modifying Quorum Requirements Maple Ridge Place Community Association, Inc.
RP-2016-530546 property owners' association ...
[t]he board of a property owners' association may amend the bylaws of the property owners' association to provide for elections to be held"; and WHEREAS, the Board understands that section 209.00593 allows a property owners' association to modify its bylaws for the purpose of electing directors in the event that there is an
ns to be held"; and WHEREAS, the Board understands that section 209.00593 allows a property owners' association to modify its bylaws for the purpose of electing directors in the event that there is an expired term, even when no quorum is at the annual meeting of the members, and even when the association's dedicatory instruments provide for no amendment by the Board otherwise; and WHEREAS, during the course of business, a vote of the Board was taken to amend the Bylaws of Maple Ridge Place Community Association, Inc. ("Bylaws"), pursuant to Texas Property Code section 209.00593, so that the above-referenced problem could be addressed by modifying the quorum requirement currently set forth therein, as follows: 1. By adding the following provision to Article III, Section 4 of the Bylaws: "ARTICLE III, Section 4.1: Reduction in Quorum for Election. If the required quorum is not present at any meeting of the members whereby an election of directors. is to be held, including the annual meeting, then the meeting shall be adjourned and another meeting may be called and held immediately after such adjournment, or at a future date, without notice other than announcement at the meeting, to act on the same matter(s), and the required quorum at any subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting, except that such reduction in the quorum requirement shall not be applicable if the subsequent meeting is held more than ninety (90) days following the initial meeting. In any case, if a quorum shall not be present or represented at any meeting of the members, the members entitled to vote thereof, whether present in person or represented by proxy, shall have the power to adjourn the meeting from time to time, without notice other than
eeting of the members, the members entitled to vote thereof, whether present in person or represented by proxy, shall have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present or represented at any reconvened meeting of the members. At any reconvened meeting of the members, any business may be transacted which might have been transacted at the meeting as originally notified."
Amendment of By-Laws Modifying Quorum Requirements Maple Ridge Place Community Association, Inc.
RP-2016-530546 WHEREAS, upon review of the votes cast for the above amendment(s) to the Bylaws, it was determined that the above-noted amendment(s) passed by a vote of the Board; NOW, THEREFORE, BE IT RESOLVED, that the Association, acting by and through its Board of Directors, hereby adopts its Amendment to the Bylaws of Maple Ridge Place Community Association, Inc.
as shown herein; and BE IT FURTHER RESOLVED, that a true and correct copy of this Amendment to the Bylaws of Maple Ridge Place Community Association, Inc. shall be filed in the real property records of Harris County, Texas, pursuant to the requirements of Texas Property Code sections 202.001 and 202.006.
IN WITNESS WHEREOF, the undersigned have executed this Amendment on the day of November 2016.
Marcell Glynn Marcell Glynn, President Maple Ridge Place Community Association, Inc.
STATE OF TEXAS COUNTY OF HARRIS တာတ This instrument was acknowledged before me on the 11th day of November, 2016, by Marcell Glynn, President of Maple Ridge Place Community Association, Inc., a Texas nonprofit corporation, on behalf of said corporation.
Amendment of By-Laws Modifying Quorum Requirements Maple Ridge Place Community Association, Inc.
TARY * HAYLEY MICHELLE HARKINS
n, Inc., a Texas nonprofit corporation, on behalf of said corporation.
Amendment of By-Laws Modifying Quorum Requirements Maple Ridge Place Community Association, Inc.
TARY * HAYLEY MICHELLE HARKINS MY COMMISSION EXPIRES July 31, 2017 105 JEESI RP-2016-530546 Notary Public, State of Texas CERTIFICATION I, the undersigned, do hereby certify: That I am the duly-elected and acting Secretary of the Maple Ridge Place Community Association, Inc. ("Association"), a Texas non-profit corporation; That the foregoing constitutes the Amendment of the Bylaws of Maple Ridge Place Community Association, Inc., as duly approved by the affirmative vote or written consent of at least a majority of a quorum of the Board of Directors as required by State law pursuant to the Amendment's express purpose. As custodian of the Association's records, I can attest that the signature page(s) evidencing the necessary affirmative vote by the directors approving said Amendment are retained by the Association according to the prevailing policy governing document retention and all applicable State law.
IN WITNESS WHEREOF, I have hereunto subscribed my name on the 11 November 2016.
' day of Maple Ridge Place Community Association, Inc.
ma Larry Guilliouma, Secretary STATE OF TEXAS COUNTY OF HARRIS cos cos cos BEFORE ME, the undersigned authority, on this day personally appeared Larry Guilliouma, Secretary of the Maple Ridge Place Community Association, Inc., known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that s/he executed the same for the purposes and consideration therein expressed and in the capacity therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this [th day of November 2016.
hashals Notary Public for the State of Texas
purposes and consideration therein expressed and in the capacity therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this [th day of November 2016.
hashals Notary Public for the State of Texas Amendment of By-Laws Modifying Quorum Requirements Maple Ridge Place Community Association, Inc.
TAY PUB HAYLEY MICHELLE HARKINS MY COMMISSION EXPIRES July 31, 2017 RP-2016-530546 Amendment of By-Laws Modifying Quorum Requirements Maple Ridge Place Community Association, Inc.
F AFTER RECORDING RETURN TO: NORTH LAW, P.C.
1010 Lamar, Suite 1500 Houston, TX 77002 RP-2016-530546 COURT COUNTY FILED FOR RECORD 8:00:00 AM Monday, November 28, 2016 Stan Stonert COUNTY CLERK, HARRIS COUNTY, TEXAS ANY PROVISION HEREIN 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 TEXAS COUNTY OF HARRIS I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped hereon by me; and was duly RECORDED; in the Official Public Records of Real Property of Harris County Texas Monday, November 28, 2016 * HARRIS COUN Stan Stamort COUNTY CLERK HARRIS COUNTY, TEXAS