ELECTRONICALLY RECORDED 2016161956 TRV 4 PGS State of Texas County of Travis AMENDMENT TO THE BYLAWS OF SPRINGBROOK GLEN HOMEOWNER’S ASSOCIATION, INC.
Whereas the Springbrook Glen Declaration of Covenants, Conditions and Restrictions (the “Declaration”) was recorded in Volume 12875, Page 243 of the Real Property Records of Travis County, Texas; and Whereas the original Bylaws of the Association are filed of record in document no. 2011172353 (“Original Bylaws”). An amendment thereto was filed of record in document no. 2004101151 (“Quorum Amendment”) which has since been superseded by the amendment filed in document no.
2013138793 (“Second Quorum Amendment”), both of the Official Public Records of Travis County, Texas (together, the “Bylaws”’); Whereas the Springbrook Glen Homeowner’s Association, Inc., (the “Association’”) as further referenced in the Declaration, is a Texas non-profit corporation charged with administering the affairs of the Association as further described in the Declaration; and Whereas Section 5.04(A) of the Declaration gives the Board of Directors of the Association the power to amend and appeal Association rules and Association bylaws, and a majority of the Board of Directors had approved this amendment, the Bylaws are hereby amended as follows.
This Bylaw amendment replaces and supersedes the language of the Second Quorum Amendment. As a result of this amendment, the Bylaws of the association consist of the Original Bylaws, and this amendment. The Second Quorum Amendment is of no further effect.
Section 3.4 of the Bylaws (“Quorum”) is deleted in its entirety and replaced with the following language: “Section 3.4. Quorum. The quorum for the transaction of business at any regular or special
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Section 3.4 of the Bylaws (“Quorum”) is deleted in its entirety and replaced with the following language: “Section 3.4. Quorum. The quorum for the transaction of business at any regular or special Association meeting shall be Members present in person, by proxy, or by other permitted form of voting, representing at least 5% of the voting interest in the Association that is then entitled to vote. If a quorum is not achieved at the regular or special Association meeting, then the Board may, by announcement at such meeting and with notice of any rescheduled meeting being provided as required by law, reconvene such meeting at a later date. At the reconvened meeting, a quorum shall be deeemd to be present.”
Section 3.5 of the Bylaws (“Proxies”) is replaced in its entirety with the following language: “Section 3.5. Voting methods; forms and ballots. At all meetings of Members held in a physical location (in-person meetings), each Member may vote in person and by (at the board’s election) either absentee ballot or proxy. The board in its discretion may allow any other voting method allowed by law.
If an in-person meeting is not held, each Member may vote either by proxy or absentee ballot (at the board’s election), and by any other voting method allowed by law that the board elects to utilize. All proxies shall be in writing and filed with the secretary or other designated association agent. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his Lot. The board shall promulgate the form of all proxies and ballots, and no other form shall be valid.
Section 3.7 is hereby added to the Bylaws to read as follows: “Section 3.7_ Method of Meetings. Meetings of the Members may be held in person or by telephonic
allots, and no other form shall be valid.
Section 3.7 is hereby added to the Bylaws to read as follows: “Section 3.7_ Method of Meetings. Meetings of the Members may be held in person or by telephonic or other electronic means. If held by telephonic or other electronic means, the notice of the meeting of the Members shall include instructions for the Members to access the communication method.”
Section 4.3 of the Bylaws (‘“‘Removal’’) is hereby amended to add a new sentence between the existing first and second sentences, to read as follows: “Should any Director miss two consecutive Board meetings (regular or special), the Board may by majority vote of the remaining directors remove the Director from the Board.”
Section 4.5 of the Bylaws (“Action without a Meeting”) is replaced in its entirety to read as follows: “Section 4.5 Action Taken Without a Meeting. To the fullest extent allowed by law’, the directors shall have the right to take any action in the absence of a meeting which they could take at a meeting.
Any action so approved shall have the same effect as though taken at a meeting of the directors. Any action taken without a meeting must be orally summarized, including any expenditures approved, and documented in the minutes of the next Board meeting.”
Section 6.4 is added to the Bylaws to read as follows: 6.4 _In person or by telephone or unanimous consent. Meetings of the Board may be in person or by telephone or by other electronic means where Board members can all hear and be heard by other board members. If a Board meeting is to be held by telephone or other electronic means, the notice of meeting to the Members must include instructions for the Members as to how to access the meeting.
board members. If a Board meeting is to be held by telephone or other electronic means, the notice of meeting to the Members must include instructions for the Members as to how to access the meeting.
Members need not be allowed to participate in Board meetings but must be able to listen to such meeting with the exception of any portion of such meeting held in executive session.
Section 7.1(d) of the Bylaws (related to directors having three consecutive absences from meetings) is hereby REPEALED and the remaining subsections of Section 7.1 renumbered accordingly.
' See Texas Property Code §209.0051 for a list of topics which are required to be discussed or voted on at a meeting.
Section 13.1 of the Bylaws is hereby restated in its entirety to remedy a conflict between the Declaration and Bylaws (the Declaration being the controlling language). The restated Section 13.1 shall read in its entirety as follows: “Section 13.1 The Board shall have the power and authority to amend these Bylaws. Additionally, these Bylaws may be amended by a vote of Members entitled to cast at least 60% of the total number of votes of the Association.”
Effective upon filing of record in the Travis County Official Public Records.
STATE OF TEXAS COUNTY OF TRAVIS This instrument was Springbrook Glen Homeowner’s Association, Inc.
By: Ce Title: HOA President Printed name: ; Iso day of ( Q eptembbe se , 2016, in the capacity stated above.
After recording, return to: Niemann & Heyer, LLP 1122 Colorado Street, Suite 313 Austin, Texas 78701 So KIMBERLY RALPH “A . & Notary Public, State of Texa My Commission Expires July 01, 2017 ee ERCRRRTSCAA Re Wim A A tt, te $ = F 3 hapa he 6, Ory Se, ite ores “afb GE KS Hat 3 “ ‘4
Austin, Texas 78701 So KIMBERLY RALPH “A . & Notary Public, State of Texa My Commission Expires July 01, 2017 ee ERCRRRTSCAA Re Wim A A tt, te $ = F 3 hapa he 6, Ory Se, ite ores “afb GE KS Hat 3 “ ‘4 File Server:CLIENTS:SpringbrookGlen:BylawAmendment4-16.doc FILED AND RECORDED OFFICIAL PUBLIC RECORDS *) DANA DEBEAUVO! R, COUNTY CLERK TRAVIS COUNTY, TEXAS September 28 2016 02:17 PM FEE-€& agnn INARAGAGEE