Doc-19469 Midland County Alison Haley County Clerk Document Number: Recorded A ERX-RECORDING Midland County Clerk Unofficial Copy On: June 30, 2017 03:23:20 pm Recorded At: Number of Pages: 4 Recording Fee: $34.00 Parties: Receipt Number: Processed By: DirectIndirect- NOT REQUIRED 541213 Vangie Montemayor Clerk Unofficial Copy rein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
COUNTY and Cour S COUNTY OF TEXAS ate of Texas County of Midland I hereby certify that this instrument was FILED on the date and at the time stamped hereon by me and was duly RECORDED in the named RECORDS of Midland County, Texas as stamped hereon.
Auson Haley County Clerk Midland County, Texas Midlan Midlan Doc-19469 Midlan MISSION ESTATES PROPERTY OWNERS' ASSOCIATION THIRD AMENDMENT TO THE BY-LAWS THE STATE OF TEXAS COUNTY OF MIDLAND/ECTOR Midland County Clerk Unofficial Copys On June PROPERTY OWNERS pursuant to Chapte 201 majority of the Board of Directors of MISSION ESTATES SSOCIATION (the "Association"), a Texas Non-Profit Corporation the Texas Business Organizations Code, voted to adopt the following Third Amendment to the By-Laws of the Association: HEREAS, in 1983, the Association caused to be executed and adopted that certain ment titled By-Laws of MISSION ESTATES PROPERTY OWNERS' ASSOCIATION, a Texas Non-Profit Corporation; and WHEREAS, on two (2) prior occasions, the Association caused to be adopted two Amendments to the By-Laws of MISSION ESTATES PROPERTY OWNERS' ASSOCIATION; and WHEREAS, Section 209.00593(a) of the Texas Property Code ("Code") provides that
the Association caused to be adopted two Amendments to the By-Laws of MISSION ESTATES PROPERTY OWNERS' ASSOCIATION; and WHEREAS, Section 209.00593(a) of the Texas Property Code ("Code") provides that any board member whose term has expired must be elected by owners who are members of the property owners' association; a board member may be appointed by the board to fill a vacancy on the board; a board member appointed to fill a vacant position shall serve for the reminder of the unexpired term of the position; and WHEREAS, the Association's By-Laws, including the amendments, are unclear as to the terms of the Directors thereby potentially preventing the Association from having a proper election of Directors each year; and WHEREAS, the Association's has, from time to time, ty establishing quorum at the Annual Meeting thereby potentially preventing the ssociation from having a proper election; and WHEREAS, Section 209.00593(b) Code provides that a board of a property owners' association may amend the laws of the property owners' association to provide for elections to be held as required section 209.00593(a) of the Code; and Midland County Clerk Unofficial Copy WHEREAS, it that elections occur desire of the Board of Directors to amend the By-Laws to ensure Annual Meetings each year.
THEREFORE, BE IT RESOLVED THAT, in consideration of the above others, MISSION ESTATES PROPERTY OWNERS' ASSOCIATION, acting the Board of Directors, hereby adopts the following Third Amendment to the By-Laws MISSION ESTATES PROPERTY OWNERS' ASSOCIATION: SDG: MEPOA-1 Page 1 of 3 Midlan Doc-19469 ARTICLE II Meetings of Members, Section 6. Que and is hereby amended to read as follows: Section 6. Quorum. For a meeting Midland County Clerk Unofficial Copy members at which a Director or Directors will
CLE II Meetings of Members, Section 6. Que and is hereby amended to read as follows: Section 6. Quorum. For a meeting Midland County Clerk Unofficial Copy members at which a Director or Directors will be elected, the members present in nation or by proxy at the meeting shall constitute a quorum for the purpose of conducting s. Except as may otherwise be provided in the Declaration or these By-Laws, the presence person or by proxy of Members having a majority of the votes in the Association shall titute a quorum at any meeting of the Members.
Directors, Section 2. Number of Directors, is hereby amended to read as follows: Section 2. Number of Directors. The number of Directors shall be seven (7). The number of Directors may be increased or decreased from time to time by amendment to the By-laws of the Association, provided that no decrease shall have the effect of shortening the term of any incumbent director, and further provided that the number of Directors shall never be less than three (3). The terms of the Directors shall be for three (3) years each. Starting in 2017, the terms of the Directors shall be as follows to allow for staggered terms: three (3) Directors shall serve for a term of three (3) years; two (2) Directors shall serve for a term of two (2) years; and two (2) Directors shall serve for a term of one (1) year.
IN WITNESS WHEREOF, the undersigned, being the President of the Association, hereby executed this document acknowledging that the forgoing Third Amendment to the By-Laws was approved by a majority of a quorum of the Board of Directors present in person at a regular meeting of the Board of Directors held on June, 2017.
The undersigned has been duly authorized to execute and deliver this instrument.
Executed on this the 20 day of June, 2017.
Midlan
on at a regular meeting of the Board of Directors held on June, 2017.
The undersigned has been duly authorized to execute and deliver this instrument.
Executed on this the 20 day of June, 2017.
Midlan County Clerk Unofficial THE STATE OF COUNTY Wland cos eos cas ESTATES ASSOCIATION Jim Brown, President ACKNOWLEDGMENT PROPERTY BEFORE ME, the undersigned notary public, on this the 10th day of June, 2017, personally appeared Tim Brown President of MISSION ESTATES PROPERTY SDG: MEPOA-1 Page 2 of 3 Midlan Doc-19469 OWNERS' ASSOCIATION, 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.
E-RECORDED BY: BS SEARS, BENNETT & GERDES, LLP ARY PUB FRANCES L. SEELY Notary Public, State of Tr Comm. Expires 11-29-202 Notary ID 125116 ublic in and for the State of Texas Midland County Clerk Unofficial Copy 9700 Richmond Avenue Ste Houston, Texas 7704 Outcome of the 2017 Election: 3 Directors elected at the Annual Meeting to a 3-year term: 1.) Lee Emerson; 2.) Sylvester John; and 3.) Lisa Lossin.
2 Directors elected at the Annual Meeting to a 2-year term: 1.) Garion Brunson; and 2.) Tim Peden.
2 Directors (elected or already serving) with a 1-year term remain 1.) Randy Lewis; and 2.) Brad Ward.
Midland County Clerk Unofficial Copy SDG: MEPOA-1 Page 3 of 3 Midlan Midlan