TE HANNO PI2-20160108 758-20 SCANNED CERTIFICATE OF SECRETARY . OF SAN ANTONIO CHANDLER CROSSING HOMEOWNERS ASSOCIATION, INC.
The undersigned, Eugene Patillo, hereby certifies that he is the secretary of San Antonio Chandler Crossing Homeowners Association, Inc., a Texas non-profit corporation (“Association”) and that, as such, he is the keeper of the records and minutes of the proceedings of the Association, which is duly organized and existing under the laws of the State of Texas. The undersigned hereby further certifies as follows: Attached hereto as Exhibit “A” is a true and complete copy of the Bylaws, Exhibit “B” is a true and complete copy of the Certificate of Formation and Exhibit “C” is a true and complete copy of the Residential Design Guidelines of the Association, in accordance with the provisions of applicable laws. The Bylaws, Certificate of Formation and the Residential Design Guidelines have not been amended, modified or rescinded, except as attached hereto, and are in full force and effect on the date hereof.
In Witness Whereof, I have hereunto set my hand this 24" day of May, 2016.
iat By: Eugene Patillo Its: Secretary ACKNOWLEDGMENT STATE OF TEXAS Book 17903 Page 119 2@pgs § § COUNTY OF BEXAR = § yy ute This instrument was acknowledged before me on the “~ day of May; 2016, by EUGENE PATILLO, secretary of San Antonio Chandler Crossing Homeowners Association, Inc., a Texas non-profit corporation, on its behalf, who stated before me that the After Recording Return To: Mr. Ronald W. Hagauer Attorney at Law 1602 N. Loop 1604 W., Suite LL-102 San Antonio TX 78248 BYLAWS OF SAN ANTONIO CHANDLER CROSSING HOMEOWNERS ASSOCIATION, INC.
Article I.
Name And Location The name of the corporation is San Antonio Chandler Crossing Homeowners
te LL-102 San Antonio TX 78248 BYLAWS OF SAN ANTONIO CHANDLER CROSSING HOMEOWNERS ASSOCIATION, INC.
Article I.
Name And Location The name of the corporation is San Antonio Chandler Crossing Homeowners Association, Inc. The principal office of the corporation shall be located at 1202 W. Bitters, Bldg. 1, Suite 1200, San Antonio, Texas 78216, but meetings of members and directors may be held at such places within the State of Texas, County of Bexar, as may be designated by the Board of Directors.
Article I.
Definitions “Association” shall mean and refer to San Antonio Chandler Crossing Homeowners Association, Inc., its successors and assigns as provided herein.
“Board of Directors” or “Board” shall mean and refer to the board of directors of the Association as provided herein.
“Certificate of Formation” shall mean and refer to the Certificate of Formation of the Association.
“Common Area” shall mean and refer to any real property acquired by or leased to the Association if such property is designated as “Common Area” in the instrument transferring such property.
“Declarant” shall mean and refer to Velma Development, LLC, a Texas limited liability company, and its successors and assigns.
“Declaration” shall mean and refer to the Declaration of Covenants, Conditions and Restrictions of Graytown Subdivision and include the same as it may, from time to time, be amended, supplemented and additional properties added, subject to and in accordance with the terms thereof.
“Development Period” shall mean and refer to the time period commencing on the BYLAWS Page } " Page" | “ Exhibit * AK filing of the Declaration and ending on the tenth anniversary of the filing of the Declaration during which Declarant has certain rights and powers as set forth in the Declaration.
e" | “ Exhibit * AK filing of the Declaration and ending on the tenth anniversary of the filing of the Declaration during which Declarant has certain rights and powers as set forth in the Declaration.
“Lot” shall mean and refer to a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon.
“Member” or “Members” shall mean and refer to all those Owners who are members of the Association.
“Owner” or “Owners” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot or portion of a Lot but excluding those having an interest merely as security for the performance of an obligation.
Article III.
Membership And Voting Rights Section 1, | Membership. Each Owner shall be a Member of San Antonio Chandler Crossing Homeowners Association, Inc.
Section2. Allocation of Voting Rights. The Association shall have two classes of voting membership: a. The Class A Member shall be all those Owners as defined in Section 1 above, with the exception of the Declarant. Class A Members shall be entitled to one vote for each Lot he owns.
b. The Class B Member shall be the Declarant. The Class B Member shall be entitled to three votes for each Lot it owns, provided that the Class B membership shall cease and become converted to Class A membership on the happening of the following events, whichever occurs earlier: (1) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or (2) on December 31, 2019.
From and after the happening of these events, whichever occurs earlier, the Class B Member shall be deemed to be a Class A Member entitled to one
n the Class B membership; or (2) on December 31, 2019.
From and after the happening of these events, whichever occurs earlier, the Class B Member shall be deemed to be a Class A Member entitled to one vote for each Lot it owns, subject to the following rights of Declarant.
BYLAWS Mi Page 2 Exhibit * Y, " Page" Pursuant to Section 1.2.2 of the Declaration, additional land may be annexed into the subdivision and upon every annexation of such additional land, the Association shall, even if Class B membership has theretofore ceased pursuant to this Section, automatically have two classes of voting membership: A. Class A Members shall be all the Owners as defined in Section 1 above, | with the exception of Declarant. Class A Members shall be entitled to one vote for each Lot the Member owns.
B. Class B Members shall be the Declarant. The Class B Member shall be entitled to six votes for each Lot it owns (including each Lot owned prior to the annexation of additional land), provided that the Class B membership shall cease and become converted to Class A membership on the happening of the following events, whichever occurs earlier: (1) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or (2) on December 31, 2026.
From and after the happening of these events, whichever occurs earlier, the Class B Member shall be deemed to be a Class A Member entitled to one vote for each Lot it owns.
Section 3. | Member Rights in Association. No Member shall have any direct interest in the funds and assets of the Association, but shall have only a membership interest therein which shall not be assigned, hypothecated or transferred in any manner except as an
ve any direct interest in the funds and assets of the Association, but shall have only a membership interest therein which shall not be assigned, hypothecated or transferred in any manner except as an appurtenance to the Owner’s interest in his Lot. Membership in the Association shall be mandatory.
Article IV.
Meeting Of Members Section 1. Annual Meetings. The first annual meeting of the Members shall be held within one (1) year from the date of incorporation of the Association, and each subsequent regular annual meeting of the Members shall be held on a date and time determined by the Board of Directors.
BYLAWS Page 3 dD.
xhibit AL " Page" Section 2. Special Meetings. Special meetings of the Members may be called at any time by the president or by 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 Class A membership.
Section 3. 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 mailing a copy of such notice, postage prepaid, at least fifteen (15) days before and not more than fifty (50) days in advance of 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.
Section 4. | Quorum. The presence at the meeting of Members entitled to cast, or of proxies entitled to cast, one-tenth (1/10") of the votes of each class of membership shall
e purpose of the meeting.
Section 4. | Quorum. The presence at the meeting of Members entitled to cast, or of proxies entitled to cast, one-tenth (1/10") of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Certificate of Formation, the Declaration, or these Bylaws. If, however, such quorum shall not be present or represented at any meeting, the Members entitled to vote thereat shall have the 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 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 conveyance by the Member of his Lot.
Section 6. Actions. When a quorum is present at a meeting, the vote of a majority, present in person or represented by proxy, shall decide any question brought before the meeting except as otherwise provided in the Certificate of Formation, the Declaration or these Bylaws.
Article V.
Board Of Directors Section 1. | Number. The affairs of the Association shall be managed by a board of directors consisting of three (3) directors, who need not be Members of the Association.
Section2. Term of Office. Each director will be appointed or elected to a term ending at the next annual meeting or until their successor has been elected and assumed their BYLAWS Page 4 Exhibit AL " eager office.
Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the Members of the Association. In the event of death,
WS Page 4 Exhibit AL " eager office.
Section 3. Removal. Any director may be removed from the Board, 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 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. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties.
Article VI.
Nomination And Election Of Directors Section 1. | Nomination. Nomination for election to the Board of Directors shall be made by the Board of Directors and from the floor at the annual meeting. 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 Declaration. The " persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.
Article VII.
Meetings Of Directors Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held not less than quarterly without notice, at such place and hour as may be fixed from time to time by resolution of the Board. 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.
Section2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the president or by any two directors, after not less than three (3) days’
h is not a legal holiday.
Section2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the president or by any two directors, after not less than three (3) days’ notice to each director.
Section3. Quorum. A majority of the number of directors shall constitute a quorum for the transaction of business.
BYLAWS 6 Page 5 " Exhibit AL " Page" Section4. Action Taken 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. 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 fewer than all directors provided that in the event of action taken without a meeting on written consent of fewer than all of the directors, (a) written notice of such action shall be promptly given to any director who has not joined in such written consent, and (b) a copy of such written consent shall be delivered to the Association at its principal office or registered office within thirty (30) days of the earliest dated consent to such action in a manner authorized in section 22.220 of the Texas Business Organizations Code. Any written consent of fewer than all of the directors taken pursuant to the terms of this provision shall require that each director provide the date of his consent to such action and that the consent be signed by the number of directors necessary to approve such action had the action been taken at a meeting or directors duly called and noticed and attended by all directors. Any action so approved shall have the same effect as though taken at a meeting of the directors.
the action been taken at a meeting or directors duly called and noticed and attended by all directors. Any action so approved shall have the same effect as though taken at a meeting of the directors.
Section 5. Actions. When a quorum is present at a meeting, the vote of a majority, present in person or represented by proxy, shall decide any question brought before the meeting except as otherwise provided in the Certificate of Formation, the Declaration or these Bylaws, Article VIII.
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 the use of the Common Area and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof; b. suspend the voting rights and right to use the recreational facilities of a Member 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 infraction of published rules and regulations; c. exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these Bylaws, the Certificate of Formation, or the Declaration; BYLAWS Exhibit Dh. pager V Page 6 BYLAWS d. 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; and €. employ a manager, an independent contractor, or such other employee as the Board deems necessary, and to prescribe their duties including check writing duties.
etings of the Board of Directors; and €. employ a manager, an independent contractor, or such other employee as the Board deems necessary, and to prescribe their duties including check writing 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 this Association, and to see that their duties are properly performed; c. as more fully provided in the Declaration, fix the amount of the annual assessments to every Owner, send written notice of each assessment to every Owner, and foreclose the lien against any Lot for which assessments are not paid or take other appropriate action; d. issue, or to cause an appropriate officer 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 of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; €. procure and maintain adequate liability and hazard insurance on the Common Area and other property owned by the Association; f. cause all officers or employees having fiscal responsibilities to be bonded, as the Board may deem appropriate; and g. cause the Common Area and any other property owned by the Association to be maintained.
Page 7 Exhibit BK. Page" 1 " Article IX.
Officers And Their Duties
ed, as the Board may deem appropriate; and g. cause the Common Area and any other property owned by the Association to be maintained.
Page 7 Exhibit BK. Page" 1 " Article IX.
Officers And Their Duties Section 1. Enumeration of Offices. The officers of this Association shall be 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.
Section2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the Members.
Section 3. Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve.
Section 4. 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.
Section 5, Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time 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 such resignation shall not be necessary to make it effective.
Section 6. Vacancies. 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.
ve.
Section 6. Vacancies. 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.
Section 7. 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 4 of this Article.
Section 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 BYLAWS “&xhibit A ." Page" f " Page 8 that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments.
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 6. 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, 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 keep proper books of account.
' Article X.
Committees
n appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall keep proper books of account.
' Article X.
Committees Section 1. Committees. The Association shall appoint an Architectural Control Committee as provided in the Declaration. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose.
Article XI.
Assessments Section 1. | Assessments. As more fully provided in the Declaration, each Member ' is obligated to pay the Association annual, special and individual assessments which are more particularly set out in the Declaration and secured by a continuing lien upon the Lot against which the assessment is made. No Owner may waiver or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his Lot.
BYLAWS YY Page 9 axhibit " " Page" " ee Article XII.
Amendments Section1. Amendment. 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.
Section2. Conflict. In the case of any conflict between the Certificate of Formation and these Bylaws, the Certificate of Formation shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control. All of the provisions of the Declaration are hereby incorporated by reference for all purposes into these Bylaws. The provisions in the Declaration that have been incorporated by reference shall not be amended except as provided in the Declaration.
Article XIII.
Miscellaneous Section 1. Inspection. The books, records, financial records and papers of the
ve been incorporated by reference shall not be amended except as provided in the Declaration.
Article XIII.
Miscellaneous Section 1. Inspection. The books, records, financial records and papers of the Association shall at all times, during reasonable business hours, be subject to examination and inspection by any Member or designated person of the Member as more particularly set forth in Texas Property Code Section 209.005. The Declaration, the Certificate of Formation 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. The Association shall adhere to the requirements of Texas Property Code Section 209.005 regarding the books, records and financial records of the Association Section 2. Fiscal Year. The fiscal year of the Association shall begin on the first 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.
Section 3. Declarant’s Rights. The rights of the Declarant to appoint and remove a director during the Development Period as allowed in the Declaration supersedes the provisions in these Bylaws.
BYLAWS Page 10 Exhibit * h " Pager LD IN WITNESS WHEREOPF, we, being all of the directors of San Antonio Chandler Crossing Homeowners Association, Inc. have executed these Bylaws effective the 24" day of May, 2016.
David Ritténhouse Dan Kossl Eugene mt BYLAWS Page 11 Carlos H. Cascos Secretary of State Corporations Section P.O.Box 13697 Austin, Texas 78711-3697 Office of the Secretary of State May 20, 2016 Attn: Ronald W, Hagauer Law Office of Ronald W. Hagauer 1602 N Loop 1604 W Suite LL-102 San Antonio, TX 78248 USA
n P.O.Box 13697 Austin, Texas 78711-3697 Office of the Secretary of State May 20, 2016 Attn: Ronald W, Hagauer Law Office of Ronald W. Hagauer 1602 N Loop 1604 W Suite LL-102 San Antonio, TX 78248 USA RE: San Antonio Chandler Crossing Homeowners Association, Inc.
File Number: 802462174 It has been our pleasure to file the certificate of formation and issue the enclosed certificate of filing evidencing the existence of the newly created nonprofit corporation.
Nonprofit corporations do not automatically qualify for an exemption from federal and state taxes.
Shortly, the Comptroller of Public Accounts will be contacting the corporation at its registered office for information that will assist the Comptroller in setting up the franchise tax account for the corporation. Information about franchise tax, and contact information for the Comptroller’s office, is available on their web site at http://window.state.tx.us/taxinfo/franchise/index. html. For information on state tax exemption, including applications and publications, visit the Comptroller’s Exempt Organizations web site at http://window.state.tx.us/taxinfo/exempt/index.html. Information on exemption from federal taxes is available from the Internal Revenue Service web site at www.irs.gov.
Nonprofit corporations do not file annual reports with the Secretary of State, but do file a report not more often than once every four years as requested by the Secretary. It is important for the corporation to continuously maintain a registered agent and office in Texas as this is the address to which the Secretary of State will send a request to file a periodic report. Failure to maintain a registered agent or office in Texas, failure to file a change to the agent or office information, or failure to file a report
State will send a request to file a periodic report. Failure to maintain a registered agent or office in Texas, failure to file a change to the agent or office information, or failure to file a report when requested may result in the involuntary termination of the corporation. Additionally, a nonprofit corporation will file documents with the Secretary of State if the corporation needs to amend one of the provisions in its certificate of formation. Hy we can be of further service at any time, please let us know.
Sincerely, Corporations Section Business & Public Filings Division (512) 463-5555 Enclosure Exhibit p. Page" Come visit us on the internet at http://www.sos.state. tx.us/ Phone: (512) 463-5555 Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services Prepared by: Elizabeth "Annie" Denton TID: 10286 Document: 671742380002 Carlos H. Cascos Corporations Section Secretary of State P.O.Box 13697 Austin, Texas 78711-3697 Office of the Secretary of State CERTIFICATE OF FILING OF San Antonio Chandler Crossing Homeowners Association, Inc.
File Number: 802462174 The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the above named Domestic Nonprofit Corporation has been received in this office and has been found to conform to the applicable provisions of law.
ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law, hereby issues this certificate evidencing filing effective on the date shown below.
The issuance of this certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or Professional Name Act, or the common law.
Dated: 05/19/2016
n this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or Professional Name Act, or the common law.
Dated: 05/19/2016 Effective: 05/19/2016 Oune — Carlos H. Cascos Secretary of State Exhibit "4 D " pager Come visit us on the internet at hitp://www.sos.state.tx.us/ Phone: (512) 463-5555 Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services Prepared by: Elizabeth "Annie" Denton TID: 10306 Document: 671742380002 COPY CERTIFICATE OF FORMATION OF SAN ANTONIO CHANDLER CROSSING FILED HOMEOWNERS ASSOCIATION, INC. Sect at co Anticle 1 MAY 1.9 2016 Entity Name and Type Corporations Section The filing entity being formed is a non-profit corporation. The name of the entity is San Antonio Chandler Crossing Homeowners Association, Inc., a Texas nonprofit corporation.
Article 2 Registered Agent and Registered Office The initial registered agent is an individual resident of the state whose name is Association Management Services. The business address of the registered agent and the registered office address is 1600 NE Loop 410, Suite 202, San Antonio, Texas 78209.
Article 3 Management The management of the affairs of the corporation is vested in the board of directors, the number of which shall be as determined by the Bylaws of the Association. Initially, the Association will have three directors who will serve until their successors have been elected and assumed their offices. The names and address of the initial directors of the Association are as follows: Name Address David Rittenhouse | 11 Lynn Batts Lane, Suite 100 San Antonio, TX 78218 Dan Kossl 11 Lynn Batts Lane, Suite 100 San Antonio, TX 78218 Eugene Patillo 11 Lynn Batts Lane, Suite 100 San Antonio, TX 78218 fixhibit ° b " page)" Page |
atts Lane, Suite 100 San Antonio, TX 78218 Dan Kossl 11 Lynn Batts Lane, Suite 100 San Antonio, TX 78218 Eugene Patillo 11 Lynn Batts Lane, Suite 100 San Antonio, TX 78218 fixhibit ° b " page)" Page | CERTIFICATE OF FORMATION Article 4 Members The nonprofit corporation shall have members.
Article 5 Purpose The nonprofit corporation is formed for any lawful purpose or purposes not expressly prohibited under Chapters 2 or 22 of the Texas Business Organizations Code (“Code”), including any purpose described by section 2.002 of the Code. Without limitation, this Association is formed: to administer and enforce the covenants and restrictions of the Declaration of Covenants, Conditions and Restrictions recorded in Volume 17859, Page 2449, Official Public Records of Real Property, Bexar County, Texas (“Declaration”); to maintain and administer any and all Common Area (as defined in the Declaration”); and to collect and disburse the assessments and charges due the Association from owners of Lots (as defined in the Declaration”). The Association shall be operated exclusively for such purposes, and no part of its net earnings shall inure to the benefit of any member, no substantial part of its activities shall be carrying on propaganda, or otherwise attempting to influence legislation, and it shall not participate in, or intervene in (including the publishing or distributing of statements) any political campaign on behalf of any candidate for public office.
Article 6 Manner of Distribution The corporation is authorized on its winding up to distribute the nonprofit corporation’s assets in a manner other than as provided by section 22.304 of the Code.
Specifically in the event of dissolution the assets of the Association shall be dedicated to a
bute the nonprofit corporation’s assets in a manner other than as provided by section 22.304 of the Code.
Specifically in the event of dissolution the assets of the Association shall be dedicated to a public body or conveyed to a non-profit organization with a similar purpose to that of the Association. , Article 7 Voting Any action which may be taken by the directors of the Association at a meeting duly called and noticed may be taken by unanimous consent of the directors in writing without the necessity of a meeting or may be taken by the written consent of fewer than all directors CERTIFICATE OF FORMATION ixhibit bh 8 pager f > Page 2 provided that in the event of action taken without a meeting on written consent of fewer than all of the directors, (a) written notice of such action shall be promptly given to any director who has not joined in such written consent, and (b) a copy of such written consent shall be delivered to the Association at its principal office or registered office within 30 days of the earliest dated consent to such action in a manner authorized in section 22.220 of the Code.
Any written consent of fewer than all of the directors taken pursuant to the terms of this provision shall require that each director provide the date of his consent to such action and that the consent be signed by the number of directors necessary to approve such action had the action been taken at a meeting or directors duly called and noticed and attended by all directors.
Article 8 Indemnification The Association shall indemnify its officers, directors, and members of the Architectural Control Committee appointed under the Declaration to the fullest extent allowed by the law.
Article 9 Organizer The name and address of the organizer is: Mr. Ronald W. Hagauer
ers of the Architectural Control Committee appointed under the Declaration to the fullest extent allowed by the law.
Article 9 Organizer The name and address of the organizer is: Mr. Ronald W. Hagauer Attorney at Law 1602 N. Loop 1604 W., Suite LL-102 San Antonio, Texas 78248 Article 10 Effectiveness of Filing This document becomes effective when the document is filed-by the Secretary of State.
The undersigned signs this document on the 18" day of May, 2016, subject to the penalties imposed by law for the submission of a materially false or fyaudulent instrument.
aomndlid Ronald W. Hagauer CERTIFICATE OF FORMATION Page 3 dxhibit bh " pages) RESIDENTIAL DESIGN GUIDELINES FOR GRAYTOWN SUBDIVISION The Architectural Control Committee (“ACC”) has been established to meet the objectives of the Declaration of Covenants, Conditions and Restrictions of Graytown Subdivision (“Declaration”). It is the intent of the ACC to encourage the construction of homes of good architectural design, quality and size which will enhance the livability for all residents of Graytown Subdivision.
In determining whether an improvement to a lot should be approved, the ACC may take into consideration factors deemed to be appropriate by the ACC. Such factors may include, without limitation, the following: 1.
De The Declaration; The quality of the building materials or improvements; The harmony of external design of such building or improvement with existing or proposed buildings or improvements and with a design or otherwise character or aesthetics of the subdivision; and The compliance with laws, ordinances, rules and regulations of any county, state, municipal or other governmental authority.
The ACC shall approve or disapprove the plans in accordance with the following procedures: 1,
h laws, ordinances, rules and regulations of any county, state, municipal or other governmental authority.
The ACC shall approve or disapprove the plans in accordance with the following procedures: 1, One complete set of the following plans shall be delivered to the chairman of the ACC at the address set forth below: a. Floor plan; and b. Exterior building elevations.
If the plans and original contractor are approved by the ACC, a letter of approval, including a description of qualifications or required modifications, if any, will be prepared for the counter signature of the owners. Such approval shall be dated and shall not be effective for construction commenced more than six months after such approval (except with respect to approvals of plans for initial construction on a lot by a homebuilder). If construction (other than RESIDENTIAL DESIGN GUIDELINES ‘ Page | | " xhibit 1 C " Page" initial construction on a lot by a homebuilder) does not commence within six months from such approval, owner shall not begin construction of any building or improvement of any kind unless the corresponding plans and original contractor have been resubmitted and reapproved by the ACC. ACC approval of plans submitted by a homebuilder for initial construction on any lot or lots shall not expire, regardless of when construction commences.
3. If any of the plans are disapproved by the ACC, the applicable plans shall be returned marked “Disapproved”. Disapproved plans shall be accompanied by reasons of disapproval and corrections required for approval.
4, If the ACC fails to indicate its approval of all submitted plans within the applicable time period required in the Declaration, it will be deemed that the ACC has approved such plans and/or original contractor.
fails to indicate its approval of all submitted plans within the applicable time period required in the Declaration, it will be deemed that the ACC has approved such plans and/or original contractor.
5. At a minimum all new home construction must comply with the following design requirements: Sidewalks:. The sidewalks shall be constructed in accordance with the requirements prescribed by the City of San Antonio.
House Numbering: House numbers identifying the address of each house must be easily read from the street at night. Size, color and material of the numbers must be compatible with the design and color of the house.
Solar Collectors: Solar collectors are allowed on a lot. The location and installation of solar collectors shall be approved by the ACC with such approval being in compliance with Section 202.010 (d) of the Texas Property Code.
Waivers: The ACC shall have the right to waive any requirements which in their sole opinion will enhance the nature and character in the subdivision.
RESIDENTIAL DESIGN GUIDELINES Page 2 Pm) Shee &xhibit " 1 Page" pe ; eee Effective the 24" day of May, 2016, RESIDENTIAL DESIGN GUIDELINES Oo.
Ch fan of the A 1202 W. Bitters, Bldg. 1, Suite 1200 San Antonio TX 78216 Doc# 20160108758 Fees: $102.00 06/10/2016 9:59AM # Pages 20 Filed & Recorded in the Official Public Records of BEXAR COUNTY GERARD C. RICKHOFF COUNTY CLERK Any provision herein which restricts the sale, or use of the described real property because of race is invalid and unenforceable under Federal law STATE OF TEXAS, COUNTY OF BEXAR | hereby Certify that this instrument was FILED In File Number Sequence on this date and af the time stamped hereon by me and was duly RECORDED inthe Officlal Public Record of Real Property of Berar County, Texas on: JUN 10 2016
nstrument was FILED In File Number Sequence on this date and af the time stamped hereon by me and was duly RECORDED inthe Officlal Public Record of Real Property of Berar County, Texas on: JUN 10 2016 COUNTY CLERK BEXAR COUNTY, TEXAS Page 3 exhibit 1b " Page" j m enemas