Mark STATE OF TEXAS COUNTY OF COLLIN 5622 03545 THIRD SUPPLEMENT TO NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR BROOKSIDE cascos cas 2004-0033127 KNOW ALL MEN BY THESE PRESENTS: THIS THIRD SUPPLEMENT TO NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR BROOKSIDE (this "Third Supplement") is made this day of February, 2003, by Brookside Homeowners Association, Inc. (the "Association") officia WITNESSETH WHEREAS, Centex Homes, a Nevada general partnership (the "Declarant"), prepared and recorded an instrument entitled "Declaration of Covenants, Conditions and Restrictions for Brookside", filed of record on October 5, 1998 ander instrument No. 98-0110821, of the Deed Records of Collin County, Texas (the "Declaration' WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners' association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the planned development is located; and WHEREAS, on or about January 25, 2000, the Association filed a Notice of Filing of Dedicatory Instruments for Brookside (the "Notice") at Volume 04589, Page 01546 et. seq. the Deed Records of Collin County, Texas; and WHEREAS, on or about December 3, 2002, the Association filed a First Supplement to Notice of Filing of Dedicatory Instruments for Brookside (the "First Supplement" at Volume 5308, Page 002833 et seq., of the Deed Records of Collin County, Texas; and WHEREAS, on or about February 9, 2004, the Association filed a Second Supplement to Notice of Filing of Dedicatory Instruments for Brookside (the "Second Supplement") in the Deed Records of Collin County, Texas.
WHEREAS, the Association desires to supplement the Notice to include Pages 2, 3, 4 and
ng of Dedicatory Instruments for Brookside (the "Second Supplement") in the Deed Records of Collin County, Texas.
WHEREAS, the Association desires to supplement the Notice to include Pages 2, 3, 4 and 10 of the Bylaws attached hereto as Exhibit "A" and incorporated herein by reference which were inadvertently omitted from the Notice when it was originally filed of record.
NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit "A" is a true THIRD SUPPLEMENT TO NOTICE OF FILING OF DEDICATORY INSTRUMENTS - Page 1 5622 03546 and correct copy of the original and is hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code IN WITNESS WHEREOF, the Association has caused this Third Supplement to be executed by its duly authorized agent as of the date first above written.
BROOKSIDE HOMEOWNERS ASSOCIATION INC., a Texas non-profit corporation Officia RITA E. RASBERRY MY COMMISSION EXPIRES JULY 30, 2008 By: Its: BESIAENT ACKNOWLEDGMENT not STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, he undersigned authority, on this day personally appeared Clint Brington Association, ne, known to me to President of Brookside Homeowners 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 on behalf of said corporation.
SUBSCRIBED AND SWORN TO BEFORE ME on this 3rd day of February, 2003.
Lite E. Rosberg Rookery Notary Public State of Texas AFTER RECORDING, RETURN TO: Lance E. Williams, Esq.
Riddle & Williams, P.C.
3811 Turtle Creek Blvd, Suite 1050 Dallas, Texas 75219 My Commission Expires
c State of Texas AFTER RECORDING, RETURN TO: Lance E. Williams, Esq.
Riddle & Williams, P.C.
3811 Turtle Creek Blvd, Suite 1050 Dallas, Texas 75219 My Commission Expires THIRD SUPPLEMENT TO NOTICE OF FILING OF DEDICATORY INSTRUMENTS - Page 2 5622 03547 Bylaws, the purpose or purposes for which the meeting is called shall be stated in the notice. No business shall be transacted at a special meeting except as stated in the notice.
2.6 Voting. The voting rights of the Members shall be as set forth in the Declaration and In these Bylaws, and such voting rights provisions are specifically Incorporated by this reference.
2.7 Proxies. At all meetings of Members, each Member may vote in person (or if a corporation, partnership or trust, through any officer, director, partner or trustee duly authorized to act on behalf of the Member) or by proxy, subject to the limitations of Texas law. All prodes shall be in writing specifying the Lot(s) for which it is given, signed by the Member of its duly authorized attorney-In-fact, dated and filed with the Secretary of the Association prior to any meeting for which It is to be effective, Unless otherwise specifically provided in the proxy, a proxy shall be presumed to cover all votes which the Member giving such proxy is entitled to cast, and in the event of any conflict between two or more proxies purporting to cover the same voting rights, the later dated proxy shall prevall, or if dated as of the same date, both shall be deemed invalid. Every proxy shall be revocable and shall automatically cease upon conveyance of any Lot for which it is given, or Upon receipt of notice by the Secretary of the death or judicially declared Incompetence of a
roxy shall be revocable and shall automatically cease upon conveyance of any Lot for which it is given, or Upon receipt of notice by the Secretary of the death or judicially declared Incompetence of a Member who is a natural person, or of written revocation, or 11 months from the date of the proxy.
unless a shorter or longer period is specified in the proxy.
2.8 Quorum-Adjournment Except as provided in these Bylaws or In the Declaration, the presence, In person or by proxy, of Members representing 20% or greater of the total votes in the Association shall constitute a quarum at all meetings of the Association. If, however, such quorum shall not be present or represented at any meeting, the Members present at the meeting that are entitled to vote shall have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as stated above is present or represented.
2.9 Action Without a Meeting. Any action required or permitted by law to be taken at a meeting of the Members may be taken without a meeting, without notice and without a vote, If Whitten consent specifically authorizing the proposed action is signed by Members holding at least the minimum number of votes necessary to authorize such action at a meeting If all Members entitled vote thereon were present. Such consents shall be signed within 90 days of the earllest date that notice regarding such consent is delivered by the Association, which date shall be designated in the notices. Such consents shall be filed with the minutes of the Association, and shall have the same force and effect as a vote of the Members at a meeting. For votes taken by written consent as provided above, the date specified in the notice as the ownership date, which
ion, and shall have the same force and effect as a vote of the Members at a meeting. For votes taken by written consent as provided above, the date specified in the notice as the ownership date, which date shall not be more than 20 days prior to the date the notices are sent, shall be the date used for determining the ownership of the Lot for the written consent voting purposes. Within 10 days after receiving authorization for any action by written consent, the Secretary shall give written notice to all Members entitled to vote who did not give their written consent, fairly summarizing the material features of the authorized action.
ARTICLE III BOARD OF DIRECTORS 3.1 Governing Body; Composition. The affairs of the Association shall be governed by a Board of Directors, each I whom shall have one equal vote. Except with respect to directors appointed by Declarant, the directors shall be Members or Residents and no Owner and Resident representing the same Lot may serve on the Board of Directors at the same time. A "Resident" shall be any natural person 18 years of age or older whose principal place of residence is a Dwelling. In the case of a Member which is not a natural person, any officer, director, partner, 2 tabbler EXHIBIT A (Standard FHA Form - 10/5/98] 5622 03548 employee or trust officer of such Member shall be eligible to serve as a director unless otherwise specified by written notice to the Association signed by such Member; provided no Member may have more than one such representative on the Board of Directors at a time, except for the Declarant.
3.2 Number of Directors. The Board of Directors shall consist of 3, 5 or 7 directors, as provided herein and as determined by the Board of Directors. The Initial Board of Directors shall
he Declarant.
3.2 Number of Directors. The Board of Directors shall consist of 3, 5 or 7 directors, as provided herein and as determined by the Board of Directors. The Initial Board of Directors shall consist of 3 directors as identified in the Articles of Incorporation.
3.3 Directors - During Class B Control Period. During the Class B Control Period, all directors shall be selected and removed by Declarant acting in its sole discretion and shall serve at the pleasure of the Declarant.
3.4 Directors After Class B Control Period. Following expiration of the Class B Control Period, the directors shall be nominated and elected as follows.
a. Nomination Procedures. Prior to each election, the Board of Directors shall prescribe the opening date and the closing date of a reasonable filling period in which each and every aligible person who has a bona-fide interest in serving as a director may file as a candidate for any position. The Board of Directors shall also establish such other rules and regulations as it deems appropriate to conduct the nomination of directors in a fair, efficient and cost-effective manner. Nominations from the floor shall also be permitted.
b. Nominating Committee. Nominations for election to the Board of Directors may also be made by a nominating committee. The nominating committee, if any, shall consist of a Chairperson, who shall be a member of the Board of Directors, and three or more Members or representatives of Members. The Board of Directors shall appoint the members of the nominating committee not less than 30 days prior to each annual meeting to serve a term of one year and until their successors are appointed, and such appointment shall be announced at each annual meeting. The nominating committee may make as many
r to each annual meeting to serve a term of one year and until their successors are appointed, and such appointment shall be announced at each annual meeting. The nominating committee may make as many nominations for election to the Board of Directors as it shall in its discretion determine. In making the nominations, the nominating committee shall use reasonable efforts to nominate candidates representing the diversity which exists within the pool of potential candidates.
Sach candidate shall be given a reasonable, uniform opportunity to communicate his or her qualifications to the Members and to sollclt votes.
C.
Election and Term. At the first annual meeting after the expiration of the Class B Control Period, all directors shall be elected by the Members to a term of 1 year. The number of directors to be elected at such meeting shall be determined by the then current Board of Directors. Upon the expiration of the term of office of each director elected by the Members, a successor shall be elected to serve a term of 1 year, unless the Board of Directors decides to allow one or more of the directors to be elected to serve for a term of 2 years. Unless removed as provided herein, the directors shall hold office until their respective successors shall be elected.
d.
Election Procedures. Each Owner may cast the entire vote assigned to his or her Lot for each position to be filled. There shall be no cumulative voting. That number of candidates equal to the number of positions to be filled receiving the greatest number of votes shall be elected. Directors may be elected to serve any number of consecutive terms.
3 [Standard FHA Form - 10/5/98] 5622 03549 8. Removal. Any director elected by the Members may be removed, with or without
e elected. Directors may be elected to serve any number of consecutive terms.
3 [Standard FHA Form - 10/5/98] 5622 03549 8. Removal. Any director elected by the Members may be removed, with or without cause, by Members holding 40% or greater of the votes entitled to be cast. Any director whose removal is sought shall be given notice prior to any meeting called for that purpose.
Upon removal of a director, a successor shall be elected by the Members to fill the vacancy for the remainder of the term of such director. Any director elected by the Members who has] 3 or more consecutive unexcused absences from the Board of Directors meetings, or who Is more than 60 days delinquent (or is the representative of a Member who is delinquent more than 60 days) In the payment of any assessment or other charge due the Association, or who after notice and hearing is held to be in violation of the Declaration, may be removed by a majority of the directors present at a regular or special meeting at which quarum is present, and the Board of Directors may appoint a successor to fill the vacancy for the remainder of the term. In the event of death, disability or resignation of a director elected by the Members, the Board of Directors may declare a vacancy and appoint a successor to fill the vacancy until the next annual meeting, at which time the Members shall elect a successor for the remainder of the term.
3.5 Compensation. Directors shall not receive any compensation from the Association for acting as such unless approved by Members representing a 67% or greater Class Vote at a regular or special meeting of the Association Any director may be reimbursed for expenses incurred on behalf of the Association upon approval of a majority of the other directors. Nothing herein shall
regular or special meeting of the Association Any director may be reimbursed for expenses incurred on behalf of the Association upon approval of a majority of the other directors. Nothing herein shall prohibit the Association from compensating a director, or any entity with which a director is affillated, for services or supplies furnished to the Association In a capacity other than as a director pursuant to a contract or agreement with the Association, provided that such director's Interest was made known to the Board of the Directors prior to entering Into such contract and such contract was approved by a majority on the Board of Directors, excluding the Interested director.
3.6 Meetings of the Board of Directors.
Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place as majority of the directors shall determine, but at least 4 such meetings shall be held during each fiscal year with at least 1 per quarter. Notice of the time and place of a regular meeting shall be communicated to directors not less than 4 days prior the meeting, provided, however, notice of a meeting need not be given to any director who has signed a walver of notice or a written consent to holding of the meeting.
b.
Special Meetings. Special meetings of the Board of Directors shall be held when called by written notice signed by the President or Vice President or by any 2 directors. The netice shall specify the time and place of the meeting and the nature of any special business to be considered. The notice shall be given to each director by: (i) as provided in Section 8.4 herain; (II) telephone communication, elther directly to the director or to a person at the director's office or home who would reasonably be expected to communicate such notice
rovided in Section 8.4 herain; (II) telephone communication, elther directly to the director or to a person at the director's office or home who would reasonably be expected to communicate such notice promptly to the director; or (III) facsimile, computer or such other communication device. All such notices shall be given at the director's telephone number, fax number or sent to the director's address as shown on the records of the Association. Notices given by mall shall be deposited at least 7 business days prior to the time set for the meeting. Notices given by personal delivery, telephone, or other electronic device shall be delivered or transmitted at least 72 hours before the time set for the special meeting.
C.
Walver of Notice. The transactions of any meeting of the Board of Directors, however called and noticed or wherever held, shall be as valid as though taken at a meeting duly held after regular call and notice if (I) a quorum is present, and (II) elther before or after [Standard FHA Form - 10/5/98) Dikh b.
5622 03550 No Notice or Hearing Required. Notice and/or hearing is not required (1) the violation is the fallure to pay an annual or special assessment, (i) the alleged violator was held by the Board of Directors in violation of the same violation within 12 months of the new alleged violation, or (III) the Board of Directors or its designee determines that notice and/or a hearing is not appropriate, desirable or in the best interest of the Association due to the circumstances, Including, without limitation, the nature and type of the violation, the nature of the harm or damage attributable to the violation and the Association's ability to stop or limit the harm or damage. If notice and a hearing are not required in accordance with the
ation, the nature of the harm or damage attributable to the violation and the Association's ability to stop or limit the harm or damage. If notice and a hearing are not required in accordance with the foregoing, then the Association may exercise self-help remedies to correct the violation at any time.
C.
Optional Courtesy Letter. The Association may, at its option and in its sole and absolute discretion, voluntarily provide the Owner of the Lot related to or connected with the alleged violation with a courtesy letter informing the Owner of the violation. The foregoing courtesy letter is not required to be given by the Association and such notice shall not constitute the written notice described Section 5.6a above. The Board of Directors or its designee shall have the sole and exclusive right to determine under which facts and clrcumstances the Association may elect to send a courtesy letter.
d. No Walver. In the event the Board of Directors decides, in its discretion, not to take enforcement action, such a decision shall not be construed a waiver of the right of the Association to enforce such provision at a later time under other circumstances or estop the Association from enforcing any other covenant, restriction, or rule.
ARTICLE VI ASSESSMENTS As more fully provided in the Declaration each Member is obligated to pay to the Association annual and special assessment (and specific assessments if applicable) which are secured by a continuing lien upon the Lot against which the assessment is made. If an assessment is not paid as provided in the Declaration, then the Association shall be entitled to the remedles provided in the Declaration, these Bylaws and the Articles of Incorporation.
ARTICLE VII AMENDMENTS
t is not paid as provided in the Declaration, then the Association shall be entitled to the remedles provided in the Declaration, these Bylaws and the Articles of Incorporation.
ARTICLE VII AMENDMENTS 7.1 Amendment by Declarant. During the Class B Control Period and subject to any applicable provisions in the Declaration, the Declarant may amend these Bylaws without approval of the Board of Directors or any Class A Members. In addition, after the expiration of the Class B Control Perlod but while the Declarant owns a Lot, Declarant may amend these Bylaws if such amendment (i) is necessary to bring any provision into compliance with any applicable governmental statutes, rule, regulation, or judicial determination; (II) is necessary to comply with the requirements of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U. S. Department of Veterans Affairs, the U. S. Department of Housing and Urban Development, or any other applicable governmental agency or secondary mortgage market entity; or (II) is necessary to clarify or to correct technical, typographical or scrivener's etrors; provided, however, any such amendment must not have a material adverse effect upon any right of any Owner.
7.2 Amendment by Members. Except as provided above, these Bylaws may be amended only by the affirmative vote or written consent, or any combination thereof, of persons entitled to 10 [Standard FHA Form - 10/5/98) 5622 03551 Unofficial ANY PROVISION HEREIN WHICH RESTRICTS THE SALE, RENTAL. GR USE OF THE DESCRIBED PEAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNEN DAS LAIL UNDER FEDERAL LAW (THE STATE OF TEXAS (COUNTY OF COLLIN) I hateby cedily that this instrument was FLED in the File Number Sequence on the da
PERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNEN DAS LAIL UNDER FEDERAL LAW (THE STATE OF TEXAS (COUNTY OF COLLIN) I hateby cedily that this instrument was FLED in the File Number Sequence on the da and the time stamped horn by me, and was duly RECORDED . In the Official Public Records of Reel Property of Collin County MAR 09 2004 Brenda Taylor COUNTY Filed for Record in: Collin County, Mckinney TX Honorable Brenda Taylor Collin County Clerk' On Mar 09 2004 At 2:53pm Doc/Num : 2004- 0833127 Recording/Type:RS 26.00 Receipt Ĥ: 9162