D221009796 01/13/2021 08:35 AM Page: 1 of 10 Fee: $55.00 Submitter: Lacy Malone Steppick Ryder & Menefee, PLLC Electronically Recorded by Tarrant County Clerk in Official Public Records wah: MARY LOUISE NICHOLSON COUNTY CLERK THE STATE OF TEXAS § 8 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § The undersigned hereby certifies that he is the duly qualified and acting President of the Monticello Homeowners Association, Inc., a Texas non-profit corporation (the ““Association”), and that Attached hereto as Exhibit “A” and made a part hereof is a true and correct copy of the Amended Bylaws (amended as of January | 1,2021) applicable to the Monticello Additions in Colleyville, Texas and Southlake, Texas, which Amended Bylaws were approved by an affirmative vote of a majority of a quorum of members casting ballots and adopted by the Board of Directors as required.
IN WITNESS WHEREOF, the undersigned has executed this certificate on the 12 day of January, 2021.
MONTICELLO HOMEOWNERS ASSOCIATION, INC.
“Jim Staab, President THE STATE OF TEXAS $ COUNTY OF TARRANT § 2021, by Jim said non-profit corporation.
Upon recording return to: Jeffrey A. Lacy ; ; 2), CHRISTOPHER T GREEN Lacy Malone Steppick Ryder & Menefee, PLLC Notary ID #124474504 303 Main Street, Suite 200 OR Oe een eg ngneres Fort Worth, Texas 76102 D221009796 Page 2 of 10 AMENDED BYLAWS OF MONTICELLO HOMEOWNERS ASSOCIATION, INC (Amended as of January 11" 2021) ARTICLE I Name and Location The name of the Corporation is MONTICELLO HOMEOWNERS ASSOCIATION, INC. (hereinafter referred to as the "Association"). The principal office of the Association shall be located at P.O.
Box 254, Colleyville, Tarrant County, Texas 76034, but meetings of Members and Directors may be
fter referred to as the "Association"). The principal office of the Association shall be located at P.O.
Box 254, Colleyville, Tarrant County, Texas 76034, but meetings of Members and Directors may be held at such places within the State of Texas, County of Tarrant, as may be designated by the Board of Directors.
ARTICLE Il Definitions A.
"Architectural Control Committee” shall mean the committee appointed by the Board of Directors.
"Association" shall mean the Monticello Homeowners Association, Inc., a Texas non-profit corporation, its successors and assigns.
"Board of Directors” shall mean the Board of Directors of the Association.
"Bylaws" shall mean the Bylaws of the Association.
"Capital Improvements” shall mean those physical improvements or repairs on the Common Areas or the Green Areas or any structure or condition thereon which is designated by the Board of Directors or identified by the Board of Directors as necessary.
"Common Area(s)" shall mean and refer to any area, including easements and all associated systems, designated for recreational use for the common enjoyment of all the Members.
"Declaration" shall mean and refer to the Consolidated Declaration of Covenants and IV, Monticello Addition, City of Colleyville, Texas, recorded in volume 12186, page 0005 and applicable to the Properties described therein and recorded in volume 9150 , page 2090 for Phase |; volume 9923, page 1974 and volume 9841, page 2189 for Phase II; volume 10040, page 2055 for Phase Ill, volume 9876, page 1439 for Phase IV, Monticello Addition, Colleyville, Texas and volume 10429; page 0164 for Phase |; volume 11011, page 2195, Monticello Addition,
lume 10040, page 2055 for Phase Ill, volume 9876, page 1439 for Phase IV, Monticello Addition, Colleyville, Texas and volume 10429; page 0164 for Phase |; volume 11011, page 2195, Monticello Addition, Southlake; of the Deed Records for Tarrant County, Texas, and all anendments and supplements thereto.
"Green Area(s)" shall refer to all sidewalks, landscape improvements within the public right of way and landscape easements, as designated by the Board of Directors.
"Lot" or "Lots" shall mean any numbered plot of land shown upon any recorded subdivision plat of the Properties which is not designated as part of the Common Area or Green Area.
"Member" shall mean every person or entity who holds membership in the Association.
"Owner" shall mean the record owner, whether one or more persons or entities, of fee simple title to any Lot.
"Properties" shall mean all the property described as Phases | and II, Monticello Addition to the City of Southlake, Tarrant County, Texas, and Phases I, Il, Ill and IV, Monticello Addition to the City of Colleyville, Tarrant County, Texas, as reflected in the Plats recorded in Cabinet A, Slide 862; Cabinet A, Slide 1280; Volume 388-209, page 12; Cabinet A, Slide 95; Cabinet A, Slide 401; and Cabinet A, Slide 340, Plat Records, Tarrant County, Texas, and any Exhibit A D221009796 Page 3 of 10 additions thereto which are subject to the Declaration or any amendment tothe Declaration.
ARTICLE Ill Meeting of Members A. Annual Meetings. The annual meeting of the Members shall be held onany day in February prior to the 15th of the month which is not a legal holiday.
B. Special Meetings. Special meetings of the Members may be called at any time by the President of the Board of Directors, or upon written request of the Members who are
which is not a legal holiday.
B. Special Meetings. Special meetings of the Members may be called at any time by the President of the Board of Directors, or upon written request of the Members who are entitled to vote one-fourth (1/4) of allthe votes.
C. Notice of Meetings. 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 emailing, hand delivering, or mailing a copy of such notice, postage prepaid, not less than fifteen (15) days nor more than sixty (60) 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 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.
D. Quorum. The presence at the meeting of Members entitled to cast, or of proxies entitled to cast, or of other form of ballot received, ten percent (10%) of the votes shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these Bylaws. If, however, such quorum shall not be present, or represented at the 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 represented.
E. Proxies. At all meetings of Members, each member may vote in person, by proxy, or by other form of ballot where provided for a particular meeting by the Board or Directors. All proxies shall be in writing and filed, along with any other form of ballot received, with the Secretary.
by other form of ballot where provided for a particular meeting by the Board or Directors. All proxies shall be in writing and filed, along with any other form of ballot received, with the Secretary.
Every proxy or other form of ballot shall be revocable and shall automatically cease upon conveyance by the Member of his interest in his Lot.
ARTICLE IV Board of Directors A. Number. The affairs of the Association shall be managed by a Board of not less than three (3) nor more than eleven (11) Directors, who must be Members of the Association.
B. Term of Office. Directors shall serve for a term of one (1) or two (2) years. At each annual meeting, the Members shall elect Directors to fill the positions of those Directors whose terms have expired. Determination of term duration for each position in an election shall be made by the board in advance of the meeting and included in any notices regarding the election and on the Proxy or other form of ballot provided to members. No more than one person residing at or holding interest in any lot may hold a director’s office at a given time. Consecutive terms are permissible.
C. Removal. Any Director may be removed from the board, with or without cause, by a majority vote of the Members of the Association or by a two thirds (66%) majority vote of the other members of the board. In the event of a Director vacancy on the board, regardless of cause, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor.
D221009796 Page 4 of 10 D. Compensation. No director shall receive compensation for any service he may render to the Association. However, any Director may be reimbursed for his actual reasonable expenses incurred in the performance of his duties.
ector shall receive compensation for any service he may render to the Association. However, any Director may be reimbursed for his actual reasonable expenses incurred in the performance of his duties.
E. Enumeration of Officers. The officers of the Association shall consist of a President and Vice President, who shall at all times be members of the Board of Directors, a Secretary, and a Treasurer, and such other officers as the Board may from time to time by resolution create.
F. Election of Officers. The election of officers whose terms have expired, or whose offices have become vacant, shall take place at the first meeting of the Board of Directors following each annual meeting of the Members.
G. Term. Officers elected by the Board shall hold office for a term of one (1) year unless they shall sooner resign, or shall be removed, or shall otherwise be disqualified to serve.
H. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.
|. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the President, or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of suchresignation shall not be necessary to make it effective.
J. Macancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces.
effective.
J. Macancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces.
K. Multiple Offices. The 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 in the case of special offices created pursuant to Section D of Article VII.
L. Duties. The duties of the officers are as follows: 1. President The President shall see that orders and resolutions of the Board are carried out; shall sign all Board approved contracts, agreements, leases, mortgages, deeds, and other written instruments on behalf of the Association, and shall co-sign all promissory notes.
2. Mice President. 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.
3. Secretary. The Secretary shallrecord 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; and shall perform such other duties as required by the Board.
4. Treasurer. 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 co-sign all promissory notes of the
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 co-sign all promissory notes of the Association; keep proper books of account; cause an annual statement of the Association books which may be audited or unaudited as the Board or Members may determine to be made by a certified public accountant at the completion of each fiscal year; 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 D221009796 Page 5 of 10 deliver a copy of each to the Members present at the regular annual meeting and to those Members who request in writing a copy of such documents.
ARTICLE V Nomination and Election of Directors A. 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 Committee shall be appointed by the Board of Directors at least ninety (90) days prior to each annual meeting to serve until the close of the next 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.
All nominees must be Members of the Association.
B. Election. Election to the Board of Directors shall be by ballot or by acclamation. At such election, the Members or their proxies may cast, in respect to each vacancy, as many votes as
Association.
B. Election. Election to the Board of Directors shall be by ballot or by acclamation. 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 will not be permitted.
ARTICLE VI Meetings of the Board of Directors A. Regular Meetings. Regular meetings of the .Board shall not be held less than annually and, as determined by the Board, at such place and hour as may be fixed by the Board.
B. Special Meetings. Special meetings of the Board shall be held when calledby the President orby any two Directors uponnotless than three (3) days notice to eachDirector.
C. 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 ata duly held meeting at whicha quorum is present, shall be regarded asthe act of the Board.
D. Action Taken Without a Meeting. The Directors shall have the right to take any actionin 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 ata meeting ofthe Directors.
E. Telephone and Similar Meetings. Directors may participate in and hold a meeting by means of conference telephone, or similar communications equipment, including electronics, computer and e-mail systems by means of which all persons participating in the meeting can communicate witheachother. Except where a person participates in the meeting for the express purpose of objecting to the transaction of any business on the grounds that the
cipating in the meeting can communicate witheachother. Except where a person participates in the meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened, participation in such a meeting will constitute presence in person at the meeting.
ARTICLE VII Powers and Duties of the Board of Directors A. Powers. The Board of Directors shall have power to: 1. Adopt and publish rules and regulations governing the use of the Common Areas and Green Areas, and the personal conduct of the Members and their guests thereon, and to establish penalties for the violation thereof; D221009796 B. Duties.
1.
Page 6 of 10 Adopt and publish an enforcement policy, setting forth procedures and penalties, including but not limited to reasonable monetary fines, for the enforcement of violations of the restrictions set forth in the Declaration, and any published rules and regulations of the Association; 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, the Articles of Incorporation, or the Declaration; 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 Directors; Employ a manager, independent contractors, or such other employees as they deem necessary, and to prescribe their duties; and Appoint committees tocarry out special projects designated by the Board; Regarding gas, oil, and/or mineral recovery operations associated with the Barnett Shale formation, and as limited to only Common Areas, the Board shall
y out special projects designated by the Board; Regarding gas, oil, and/or mineral recovery operations associated with the Barnett Shale formation, and as limited to only Common Areas, the Board shall have the authority to negotiate, coordinate, manage, and through the President, execute all contracts, agreements, leases, division orders and other written instruments appropriate and/or necessary to effectuate the spirit and intent of this provision to recover minerals and/or effectuate payment of mineral proceeds, as that term is defined by Texas Property Code § 75.001(a)(2), from Common Area subsurface mineral operations, to the greatest extent permitted by law and as not otherwise prohibited by the Declaration, Articles of Incorporation or Bylaws. The powers granted herein expressly include the right and power to collect, manage, expend, invest or distribute mineral proceeds associated with the Common Areas for the benefit of the Association and its Members and in accordance with the Declaration, Articles of Incorporation, Bylaws, and federal and state law.
It shall be the duty of the Board of Directors to: 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 (1/4) of the Members who are entitled to vote; Supervise all officers, agents, and employees of the Association, andto see that their duties are properly performed; As more fully provided in the Declaration and these Bylaws to: a) fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of the due date of such assessment, and
As more fully provided in the Declaration and these Bylaws to: a) fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of the due date of such assessment, and determine whether it shall be paid in installments and when due and payable; b) send written notice of each assessment to every Owner subject thereto -at least thirty (30) days in advance of the due date of such assessment; c) determine whether to foreclose the lien against any property for which assessments are not paid after the due date or to bring an action at law against the Owner personally obligated to pay the same; and d) issue, or to cause an appropriate office to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance D221009796 Page 7 of 10 of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; 4. Procure and maintain adequate casualty, property, andliability insurance on Property owned by the Association; 5. Maintain adequate fidelity and liability insurance coverage on all officers or employees having fiscal responsibilities as it may deem appropriate; 6. Cause to be maintained the Common Areas andthe Green Area; 7. Administer and enforce the restrictions set forth in the Declaration and published rules andregulations of the Association; and 8. Perform such acts as may be reasonably necessary to carry out the Declaration.
ARTICLE VIII Architectural Control Committee A. After the annual meeting, the Board of Directors shall appoint the Architectural Control Committee. One member of the Architectural Control Committee shall be a member of the Board of Directors.
ee A. After the annual meeting, the Board of Directors shall appoint the Architectural Control Committee. One member of the Architectural Control Committee shall be a member of the Board of Directors.
B. Decisions of the Architectural Control Committee may be appealed to the Board of Directors, at a regular scheduled meeting or a special meeting called for that purpose. The decision of the Board of Directors shall be final and will be communicated in writing.
ARTICLE IX Books and Records The Association shall keep detailed and accurate records in chronological order of the receipts and expenditures affecting the Common Areas and Green Areas, specifying and itemizing the maintenance and repair expenses of the Common Areas and Green Areas and any other expenses incurred, and specifying and itemizing any funds or mineral proceeds collected, deposited, distributed or otherwise transferred by the Association relating to the Common Areas. Such records and the vouchers authorizing the payments shall be available on request for examination by the Owners and others with an interest such as encumbrances or prospective lenders. The books, records, and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any Member. The Declaration, the Articles of Incorporation, and the Bylaws of the Association shall be available for inspection by any Member at the principal office of the Association, where copies may be purchased at reasonable cost.
ARTICLE X Assessments A. Creation of Lien and Personal Obligation of Assessment. Declarant, for each Lot owned by it within the Property, hereby covenants, and each Owner of any Lot by acceptance of the deed therefore, whether or notit shall be so expressed in acceptance ofthe deed therefore,
or each Lot owned by it within the Property, hereby covenants, and each Owner of any Lot by acceptance of the deed therefore, whether or notit shall be so expressed in acceptance ofthe deed therefore, shall be deemed to covenant and agree to pay to the Association annual and special assessments for capital improvements. Such assessments shall be fixed, established, and collected from time to time as provided in these Bylaws and the Declaration. The annual and special assessments, together with such interest thereon and costs of collection thereof, including reasonable attorney's fees, shall be charged upon the land anda continuing lien upon each Lot, against which each such assessment is made from the date hereinafter set forth. Each such assessment, together with such interest, reasonable attorney's fees, and costs of collection thereof, shall also be a personal obligation of the Owner of a Lotat the time when the assessments felldue. Such personal obligation shall not pass to his successors D221009796 Page 8 of 10 in title unless expressly assumed bythem. Any assessment whichis not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, a delinquency charge of $50.00 shall be charged to the Owner and the assessment shall bear interest from the date of delinquency at the rate of eighteen (18%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the Lot, and interest, costs, and reasonable attorney's fees of any action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas, Green Area, or
s of any action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas, Green Area, or abandonment of his Lot. Should any provision be in conflict with the Texas Property Code, the Texas Property Code shall control. Any other provisions shall remain in full force and effect.
Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health. safety, enjoyment, and welfare of the residence in the Properties and in particular for the improvements and maintenance of the Properties, services, and facilities devoted to the purpose and related to the use and enjoyment of homes situated upon the Properties, and any other purpose reasonable, necessary, or incidental to such purposes as determined by the Board of Directors.
Basis of Annual Assessment. Annual assessments shall be set by the Board of Directors and will not exceed the prior year's assessment by more than ten percent (10%). Increasesin the annual-assessment greater than ten percent (10%} must be approved by fifty- one percent (51%) of the Members voting at a meeting called for that purpose. The annual assessments may include, but may not be limited to, any special assessments on the Common Areas or Green Area, insurance premiums for vandalism and malicious mischief, with endorsements attached, issued in the amount of the maximum replacement value of all of the Common Areas improvements; casualty and public liability and other insurance premiums; landscaping and care of grounds; streets, lighting, repairs, and renovations of Common Areas and Green Area; wages,
mmon Areas improvements; casualty and public liability and other insurance premiums; landscaping and care of grounds; streets, lighting, repairs, and renovations of Common Areas and Green Area; wages, charges for water used by the Association, grounds maintenance, any expenses for providing security and protection for the Owners; legal and accounting fees. management fees, expenses and liabilities incurred by the Board of Directors under or by reason of these Bylaws, the payment of any deficit remaining for a previous period; the creation of a reasonable contingency or other reserve or surplus funds as well as any and all other costs and expenses necessary to carry out the intent of these Bylaws. The Association shall maintain an adequate reserve fund out of the annual assessments rather than by period assessment for the maintenance, repair, and replacement of those elements of the Common Areas and Green Area that must be replaced on a periodic basis. The Board of Directors of the Association may after consideration of the current maintenance costs and the financial requirements of the Association fix the annual actual assessment at any amount less than the maximum. Such reserve fund shall not be used to construct or establish new capital improvements without an affirmative vote of fifty-one percent (51%) of the Members. Any agreement for management of the Association's business or any other contract for services must provide for termination by either party without cause or payment of a termination fee of thirty (30) days or less, prior written notice, and amaximum contract term of three (3) years.
Special Assessments for Capital Improvements. The Association may levy a special
of a termination fee of thirty (30) days or less, prior written notice, and amaximum contract term of three (3) years.
Special Assessments for Capital Improvements. The Association may levy a special assessment in any calendar year applicable to projects designated by the board during that year, for the purpose of defraying in whole or in part the costs of construction or reconstruction or unexpected repair or replacement of a described capital improvement upon the Common Areas or Green Area, including necessary fixtures and personal property related thereof, provided that, any such assessment shall have the assent of sixty percent (60%) of the votes of the Members who are voting in person, by proxy, or by other form of ballot, at a meeting duly called D221009796 E.
F.
H.
for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the Page 9 of 10 meeting. The assessment ratio for any Lot, as determined by these Bylaws, shall be applicable to special assessments.
Voting and Notices for Special Assessments and Change of Maximum Assessment.
Written notice of any meeting of Members called to change a maximum annual assessment or to levy a special assessment shall be sent to all Members not less than thirty days nor more than sixty (60) days in advance of the date of such meeting, setting forththe purpose of the meeting.
Quorum for Action Authorized Under Paragraph D of this Article X. The quorum required for any action authorized in Paragraph D of this Article X shall be, at the first meeting called, the presence of those Members, of proxies, or of other form of ballot,
Article X. The quorum required for any action authorized in Paragraph D of this Article X shall be, at the first meeting called, the presence of those Members, of proxies, or of other form of ballot, entitled to cast one third (1/3) of all votes of the Members. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements set forth in Paragraph D herein above, and the required quorum at any such subsequent meeting shall be fifty-one percent (51%) of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Date of Commencement of Annual Assessment. Annual assessments covering the calendar year shall become due and payable on or before March 15 of such year, and at the Board's discretion may be collected ona monthly basis. The amount of the initial annual assessment for any Property which becomes subject to assessments for the first time shall be prorated on a calendar year basis according to the date on which Property first became subjectto assessment. The due date of any special assessment shall be fixed in the resolution authorizing such assessment.
Duty of the Board of Directors. The Board of Directors shall fix the amount of the annual assessment against each Lot and give the Owner subject thereto written notice of such assessment at least thirty (30) days in advance of the due date of such assessment. The Board shall cause to be prepared a roster of the Properties subject to assessments with assessments applicable to each such Property and shall keep the roster in the Association's office subject to inspection by anyOwner. The Association shall upon demand at any time furnish
ssments with assessments applicable to each such Property and shall keep the roster in the Association's office subject to inspection by anyOwner. The Association shall upon demand at any time furnish to any Owner liable for an assessment a certificate in writing setting forth whether the assessment on the Property owned by such Owner have been paid.
ARTICLE XI Corporate Seal The Association shall have a seal in circular form having within its circumference the words "Monticello Homeowners Association, Inc."
ARTICLE XII Amendments A. These Bylaws may be amended at a regular or special meeting of the Members by the vote of a majority of a quorum of Members present in person, by proxy, or by other D221009796 Page 10 of 10 form of ballot.
B. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Declaration shall control.
ARTICLE XiIll Miscellaneous A. Eiscal Year. The fiscal year of the Association shall be adopted by resolution of the Board of Directors.
B. Registration by Owner of Mailing Address and Notices. Each Owner shall register his mailing address with the Association, and except for monthly statements and other routine notices, all other notices or demands intended to be served upon an Owner will be served at such registered mailing address. All notices, demands, or other notices intended to be served upon the Board of Directors of the Association or the Association shall be sent by certified mail, return receipt requested, postage prepaid, to P.O. Box 254, Colleyville, Texas 76034, until such address is changed by a notice of address change mailed to each Owner by the Association.
IN WITNESS WHEREOF, the Directors of the Monticello Homeowners Association, Inc.,
lle, Texas 76034, until such address is changed by a notice of address change mailed to each Owner by the Association.
IN WITNESS WHEREOF, the Directors of the Monticello Homeowners Association, Inc., following an affirmative vote of the majority of a quorum of members casting ballots, either electronically or by mail, and approving the amendments contained herein, do hereby adopt these Bylaws as of the 11° day of January, 2021.