EXHIBIT D "Any provision herein which restricts the sale, rental, or use of the described real property because of familial status is invalid and unenforceable under federal law."
BY-LAWS FOR SUMMERSET VILLAGE CONDOMINIUMS (A Condominium Project) DALLAS, DALLAS COUNTY, TEXAS A HOLLOWAY DEVELOPMENT CORPORATION PROJECT 73191 1557 DUBANT, MANKOPP, DAVIS, WOLENS & PRANCIS ATTORNEYS AT LAW 300 FIRST NATIONAL BANK BUILDING DALLAR, TEXAS 75303 TABLE OF CONTENTS BY-LAWS of SUMMERSET VILLAGE CONDOMINIUM ASSOCIATION A NON-PROFIT ASSOCIATION Article I, Purpose and Parties 1. Purpose.
• .
2. Parties.
• Article II, Membership, Voting, Majority of CoOwners ("Owners"), Quorum, Proxies • 1.
2345 2.
Membership Voting 3.
Majority of Owners 4.
Quorum 5.
Proxies.
Article III, Administration.
1.
2.
3.
4.
Association Responsibilities Place of Meeting Annual Meetings and Quarterly Meetings Special Meetings 5. Notice of Meetings 4567 6.
Adjourned Meetings 7. Order of Business.
Article IV, Board of Directors 1.
2.
3.
4.
5.
6.
7.
8.
Number and Qualification Powers and Duties.
Other Powers and Duties.
No Waiver of Rights.
Election and Term of office.
Vacancies. .
Removal of Managers.
Organization Meeting 9. Regular Meetings Special Meetings Waiver of Notice 10.
11.
12.
13.
Board of Directors' Quorum Fidelity Bonds 14.
Page 1 1 1 1 1 1 1 2 2 222 2 22333.
333366225778918 Compensation Article V, Fiscal Management and Accounts.
Article VI, Officers 1.
2.
Designation.
Election of Officers 3. Removal of Officers.
8 4.
President.
56780 5.
Vice President 6.
Secretary.
7.
8.
Assistant Secretary.
Treasurer.
66688aaaa 9 9 9 9 9 9 VOI Aut (i) 79181 1859 Article VII, Indemnification of Officers, Directors and Managing Agent 1.
2.
Civil or Criminal Proceedings.
other .
Article VIII, Amendments to By-Laws.
r.
66688aaaa 9 9 9 9 9 9 VOI Aut (i) 79181 1859 Article VII, Indemnification of Officers, Directors and Managing Agent 1.
2.
Civil or Criminal Proceedings.
other .
Article VIII, Amendments to By-Laws.
Article IX, Mortgages.
1. Notice to Association.
Notice of Unpaid Common Assessments.
Notice of Default.
10 10 11 11 11 11 2.
11 3.
4.
Examination of Books 12 5.
Notice to Federal Home Loan Mortgage Association .
12 12 Article X, Evidence of Ownership, Registration of Mailing Address and Designation of Voting Representative 1.
2.
3.
• Proof of Ownership Registration of Mailing Address.
Designation of Voting Representative · Proxy.
Article XI, Obligations of the Owners.
1.
2.
3.
4.
5.
6.
7.
345670 Assessments.
Vendor's Lien.
Notice of Lien of Suit Owner's Maintenance and Repair Mechanic's Lien.
General.
Use of Units - Internal Changes.
8. Use of General Common Elements and Limited Common Elements.
9.
Right of Entry • • 10.
11.
Rules and Regulations.
Destruction or Obsolescence.
12 12 12 12 13 13 15 15 15 16 17 17 17 17 18 18 188 Article XII, Abatement and Enjoinment of Violations by Owners. . . .
Article XIII, Committees 1.
2.
3.
4.
Designation.
Executive Committee.
Nominating Committee Vacancies.
18 18 18 19 19 19 Article XIV, Waiver of Subrogation 19 Article XV, Compensation 19 Article XVI, Execution of Documents.
20 Article XVII, Proxy to Trust 20 Article XVIII, Conflicting or Invalid Provisions 20 Maintenance Responsibility Chart 22 Rules and Regulations.
24 (ii) ...
11..
79181 1059 BY-LAWS OF SUMMERSET VILLAGE CONDOMINIUM ASSOCIATION The name A NON-PROFIT CORPORATION of this non-profit corporation shall be the SUMMERSET VILLAGE CONDOMINIUM ASSOCIATION (the "Association").
govern ARTICLE I PURPOSE AND PARTIES
ONDOMINIUM ASSOCIATION The name A NON-PROFIT CORPORATION of this non-profit corporation shall be the SUMMERSET VILLAGE CONDOMINIUM ASSOCIATION (the "Association").
govern ARTICLE I PURPOSE AND PARTIES 1. The purpose for which the Association is formed is to the Condominium Project known as SUMMERSET VILLAGE CONDOMINIUMS, situated in the County of Dallas, State of Texas, which property is described in the "Condominium Declaration" of Holloway Development Corporation, a Texas corporation, and which property has been submitted to the regime created by the Condominium Act of the State of Texas by the recording of the Declaration and the Exhibits thereto, including a true and correct copy hereof. All definitions contained in said Declaration shall apply hereto and are incorporated herein by reference.
2. All present or future Owners, tenants, future tenants of any Condominium or any other person who might use in any manner the facilities of the Condominium Project are subject to the provisions and any regulations set forth in these By-Laws.
The mere acquisition, lease or rental of any Condominium or the mere act of occupancy of a Condominium will signify that these By-Laws are accepted, approved, ratified, and will be complied with.
1.
ARTICLE II MEMBERSHIP, VOTING, MAJORITY OF CO-OWNERS ("OWNERS"), QUORUM, PROXIES Membership. Except as is otherwise provided in these By-Laws, ownership of a Condominium is required in order to qualify for membership in this Association. Any person on becoming an Owner of a Condominium shall automatically become a member of this Association and be subject to these By-Laws.
Such membership shall terminate without any formal Association action whenever such person ceases to own a Condominium, but
tically become a member of this Association and be subject to these By-Laws.
Such membership shall terminate without any formal Association action whenever such person ceases to own a Condominium, but such termination shall not relieve or release any such former Owner from any liability or obligation incurred under or in any way connected with this Association during the period of such ownership and membership in this Association, or impair any rights or remedies which the Owners have, either through the Board of Directors of the Association or directly, against such former Owner and member arising out of or in any way connected with ownership and membership and the covenants and obligations incident thereto.
2. Voting. Voting shall be on a share basis, and the number of votes to which any Owner is entitled shall be in proportion to each Owner's percentage interest in the Common Elements, as such percentage interest is set forth in Exhibit "C" to the Declaration.
3. Majority of Owners. As used in these By-Laws, the term "Majority of Owners" shall mean those voting Owners holding fifty-one percent (51%) of the votes as determined in Paragraph 2 hereinabove.
such votes are 79181 1960 quorum 4. Quorum. Except as otherwise provided in these ByLaws, the presence in person or by proxy of fifty-one percent (51%) in interests of the Owners shall constitute a (provided however that the presence in person or by proxy of thirty-three percent (33%) in interests of the Owners shall constitute a quorum at the first meeting of the Association) .
In the event a quorum is not present, then the meeting called shall be adjourned, and notice of a new meeting for the same purposes within two (2) to four (4) weeks shall be sent by mail, at which meeting the number of
rum is not present, then the meeting called shall be adjourned, and notice of a new meeting for the same purposes within two (2) to four (4) weeks shall be sent by mail, at which meeting the number of Owners represented in person or by proxy shall be sufficient to constitute a quorum.
An affirmative vote of a majority of the Owners present , either in person or by proxy, shall be required to transact the business of the meeting.
5. Proxies. Votes may be cast in person or by written proxy. No proxy shall be valid after eleven (11) months from the date of its execution unless specifically provided in the proxy. All proxies must be filed with the Secretary or Assistant Secretary of the Association before the appointed time of each meeting.
1.
ARTICLE III ADMINISTRATION The Owners of the Association Responsibilities.
Condominiums will constitute the Association which will have the responsibility of administering the Condominium Project through a Board of Directors.
2.
Place of Meeting. Meetings of the Association shall be held at such suitable place as the Board of Directors may determine.
3. Annual Meetings. The first meeting of the Association shall be held within thirty (30) days after the expiration of ninety (90) days from the date upon which there has occurred the conveyance by the Declarant of one hundred percent (100%) in numbers of the Condominiums if such event occurs within two (2) years of the effective date hereof, or if such event does not occur within two (2) years of the effective date hereof the date upon which there has occurred the conveyance by Declarant of seventy-five percent (75%) of the Condominiums . At the sole option of Declarant the first meeting of the Association may be Thereafter, held sooner than set forth above but not later.
by Declarant of seventy-five percent (75%) of the Condominiums . At the sole option of Declarant the first meeting of the Association may be Thereafter, held sooner than set forth above but not later.
the annual meetings of the Association shall be held during the same month of each succeeding year with the second annual meeting occurring not sooner than twelve (12) months after the first annual meeting. At such meetings there shall be elected by ballot of the owners a Board of Directors in accordance with the requirements of Paragraph 5 of Article IV of these By -Laws.
The Owners may also transact such other business of the Association as may properly come before them.
4. Special Meetings. It shall be the duty of the President to call a special meeting of the Owners as directed by resolution of the Board of Directors or upon a petition signed by a majority in voting interest of the Owners and having been presented to the Secretary or Assistant Secretary of the Association. The notice of any special meeting shall state the time and place of such meeting and the purpose thereof.
business except as stated in the notice shall be transacted at a special meeting unless by consent of twothirds (2/3), in interest, of the Owners present, either in person or by proxy.
1 t....
No H 79181 1961 Any such meetings shall be held after the first annual meeting and shall be held within thirty (30) days after receipt by the Secretary or Assistant Secretary of such resolution or petition.
5. Notice of Meetings. It shall be the duty of the Secretary or Assistant Secretary of the Association to mail or deliver to each Condominium a notice of each annual or special meeting, stating the purpose thereof as well as the time and
e duty of the Secretary or Assistant Secretary of the Association to mail or deliver to each Condominium a notice of each annual or special meeting, stating the purpose thereof as well as the time and place it is to be held, to each Owner of record, at least ten (10) days, but not more than thirty (30) days prior to such meeting. The mailing of a notice in the manner provided in this paragraph shall be considered notice served.
6. Adjourned Meetings. If any meeting of Owners cannot be organized because a quorum has not attended, the Owners who are present, either in person or by proxy, may adjourn the meeting, from time to time, until a quorum is obtained, however, the place of the meetings must remain as stated in the notice.
7. Order of Business. The order of business at all meetings of the Owners shall be as follows: (a) Roll call and certifying proxies; (b) Proof of notice of meeting or waiver of notice; (c) Reading and disposal of unapproved minutes; (d) Reports of officers; (e) (f) (g) (h) (i) Reports of committees; Election of directors; Unfinished business; New business; and Adjournment.
ARTICLE IV BOARD OF DIRECTORS 1. Number and Qualification. Until the first meeting of the Association, the affairs of this Association shall be governed by a Board of Directors consisting of the three (3) persons delineated in the Articles of Incorporation of the Association and up to six (6) additional persons appointed by Declarant. At the first annual meeting, there shall be elected any nine (9) members of the Association to the Board of Directors who shall thereafter govern the affairs of this Association until their successors have been duly elected and qualified.
2. Powers and Duties. The Board of Directors shall have
oard of Directors who shall thereafter govern the affairs of this Association until their successors have been duly elected and qualified.
2. Powers and Duties. The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association and for the operation and maintenance of a first class residential condominium project. The Board of Directors may do all such acts and things except as by law or by these By-Laws or by the Condominium Declaration may not be delegated to the Board of Directors.
3. Other Powers and Duties. Such powers and duties of the Board of Directors shall include, but shall not be limited to, the following, all of which shall be done for and in behalf of the Owners of the Condominiums: (a) To administer and enforce the covenants, conditions, restrictions, easements, uses, limitations, obligations and all other provisions set forth in the Condominium Declaration subYO! 1 ..
79181 1962 3 mitting the property to the provisions of the State of Texas, the Condominium Act of the By-Laws of the Association and supplements and amendments thereto.
(b) To establish, make and enforce compliance with such reasonable house rules as may be necessary for the operation, use and occupancy of the Condominium Project with the right to amend same from time to time. A copy of such rules and regulations shall be delivered or mailed to each owner promptly upon the adoption thereof.
(c) (d) To keep in good order, condition and repair all of the General and Limited Common Elements and all items of common personal property used by the owners in the enjoyment of the entire premises; except as such duty may be specifically designated herein to each owner.
To obtain and maintain at all times, insurance
personal property used by the owners in the enjoyment of the entire premises; except as such duty may be specifically designated herein to each owner.
To obtain and maintain at all times, insurance covering at least all of the Common Elements of the Condominium Project, other than the land, of as is or shall hereafter the type and kind customarily be carried with respect to other Condominium Projects similar in construction, use to this Condominium Project, design and issued by responsible insurance companies authoThe rized to do business in the State of Texas.
insurance shall be carried in blanket policy form naming the Association as the insured and as attorney-in-fact or trustee for all of the Condominium Owners and their first mortgagees.
The policy or policies shall provide that they cannot be cancelled or substantially modified until after ten (10) days prior written notice is first given to the Association and each first mortgagee, and which insurance shall be in an amount equal to the maximum replacement value of Each Owner shall obtain his own such property.
insurance upon his Unit including all fixtures, installations, or additions thereto contained within the unfinished interior surfaces of the perimeter walls, floors, and ceilings of such Unit, or replacements as initially installed thereof, except for such Common Elements as may The Board of be contained within the Unit.
Directors shall also obtain and maintain, to the extent obtainable, public liability insurance covering the entire Condominium Project in such limits as may from time to time be determined, for the benefit of the Association , each member and the Managing of the Board of Directors Agent. The Association shall not be responsible for procurement or maintenance of any insurance
determined, for the benefit of the Association , each member and the Managing of the Board of Directors Agent. The Association shall not be responsible for procurement or maintenance of any insurance covering the liability of any Owner not caused by or connected with the Association's operation Any or maintenance of the Condominium Project.
insurance obtained by the Association or Owner shall contain appropriate provisions whereby the insurer waives its right of subrogation as to any claims against the Owners Association or their respective agents, or guests.
an servants, VI 12.
79181 1063 (e) (f) 60 Each Owner may obtain additional insurance at his own expense for his own benefit. Insurance coverage on the furnishings and other items of personal property belonging to an Owner and casualty and public liability insurance coverage within each Unit are specifically made the responsibility of each Owner and each Owner must deposit a copy of his insurance policy with the Association.
To prepare a Common Expense budget for the Condominium Project, at least annually, determine the amount of Common Charges payable by the Owners to meet the Common Expenses and allocate and assess such amounts among the Owners according to the Condominium Declaration and these By-Laws, and by a majority vote of the Board of Directors to decrease or increase the amount of the monthly assessments, to levy and collect special assessments whenever, in the opinion of the Board of Directors, it is necessary to do so in order to meet increased operating or maintenance expenses or costs, or additional capital expenses, or because of emergencies.
To collect delinquent assessments by suit or otherwise and to enjoin or seek damages from an Owner who may be in default as is provided in the
r additional capital expenses, or because of emergencies.
To collect delinquent assessments by suit or otherwise and to enjoin or seek damages from an Owner who may be in default as is provided in the Declaration and these By-Laws. To enforce a late charge of FIVE and 00/100 DOLLARS ($5.00) per day or such other amount as the Board of Directors may from time to time determine and publish to the owners and to collect interest at the rate of ten percent (10%) per annum in connection with assessments remaining unpaid more then ten (10) days from due date for payment thereof, together with all expenses, including attorney's fees incurred in the collection thereof.
(g) To protect and defend the entire premises from loss and damage by suit or otherwise.
(h) (i) (j) (k) To borrow funds in order to pay for any expenditure or outlay required pursuant to authority granted by the provisions of the recorded Declaration and these By-Laws, and to execute all such instruments evidencing such indebtedness as the Board of Directors may deem necessary. Such indebtedness shall be the several obligation of.
all of the Owners in the same proportion as: their interest in the Common Elements as set forth in Exhibit "C" to the Declaration.
То enter into contracts within the scope of their duties and powers.
To establish a bank account or accounts for the common treasury and for all separate funds which are required or may be deemed advisable by the Board of Directors.
То make repairs, additions, alterations and improvements to the Common Elements consistent with managing the Condominium Project in a first 79181 1964 5 (1) class manner and in the best interests of the Owners and the Declaration and these By-Laws.
To keep and maintain full and accurate books and
anaging the Condominium Project in a first 79181 1964 5 (1) class manner and in the best interests of the Owners and the Declaration and these By-Laws.
To keep and maintain full and accurate books and records showing all of the receipts, expenses or disbursements and to permit examination therof at any reasonable time by each of the Owners, and to cause a complete audit of the books and accounts by a certified or public accountant, once each year.
(m) To prepare and deliver annually to each Owner a statement showing receipts, expenses and disbursements since the last such statement..
(n) (0) (p) Το meet at least once each quarter; provided that any Board of Directors meeting may be attended and conducted by telephone or other device which permits all of the Directors in attendance to participate in such meeting, and provided further that any action required to be taken at any meeting of the Board of Directors, or any action which may be taken at such meeting, may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the members of the Board of Directors.
To designate the personnel necessary for the maintenance and operation of the General and Limited Common Elements.
In general, to carry on the administration of this Association and to do all of those things necessary and reasonable in order to carry out the governing and the operation of this Condominium Project. .
.'
(q) The Board of Directors may employ for the Association a management agent ("Managing Agent") who may be delegated and shall exercise some or all of the powers granted to the Board of Directors by the Declaration and By-Laws as determined by the Board of Directors, except for the powers of attorney-in-fact set forth in Para-
ise some or all of the powers granted to the Board of Directors by the Declaration and By-Laws as determined by the Board of Directors, except for the powers of attorney-in-fact set forth in Paragraph 22 and Paragraph 23 of the Declaration.
Any agreement for professional management of the Condominium Project, or any other contract providing for services by the Declarant, must provide for termination by either party without cause or payment of a termination fee on ninety (90) days or less written notice and a maximum contract term of three years.
(r) At the discretion of the Board of Directors, but do not as a requirement, to make provision, at common expense, for regular checks and preventive maintenance of the heating and air conditioning equipment forming a part of each Unit.
4. No Waiver of Rights. The omission or failure of the Association or any Owner to enforce the covenants, conditions, restrictions, easements, uses, limitations, obligations or other provision of the Declaration, By-Laws or the regulations and house rules adopted pursuant thereto, shall not constitute or be deemed a waiver, modification or release thereof, and the 79181 1365 Board of Directors or the Managing Agent shall have the right to enforce the same thereafter.
5. Election and Term of Office. At the first meeting of the Association the term of office of five (5) Directors shall be fixed at two (2) years; and the term of office of four (4) Directors shall be fixed at one (1) year. At the expiration of the initial term of office of each respective Director, his successor shall be elected to serve a term of two (2) years.
The Directors shall hold office until their successors have been elected and hold their first meeting, except as is otherwise provided.
s successor shall be elected to serve a term of two (2) years.
The Directors shall hold office until their successors have been elected and hold their first meeting, except as is otherwise provided.
6. Vacancies. Vacancies in the Board of Directors caused by any reason other than the removal of a Director by a vote of the Association shall be filled by vote of the majority of the remaining Directors, even though they may constitute less than a quorum; and each person so elected shall be a Director until a successor is elected at the next annual meeting of the Association.
7. Removal of Directors. At any regular or special meeting duly called, any one or more of the Directors may be removed with or without cause by a majority of the Owners, and a successor may then and there be elected to fill the vacancy thus created. Any Director whose removal has been proposed by the Owners shall be given an opportunity to be heard at the meeting.
8.
Organization Meeting. The first meeting of a newly elected Board of Directors following the annual meeting of the Owners shall be held within ten (10) days thereafter at such place as shall be fixed by the Directors at the meeting at which such Directors were elected, and no notice shall be necessary to the newly elected Directors in order legally to constitute such meeting, providing a majority of the whole Board of Directors shall be present.
9. Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place as shall be determined, from time to time, by a majority of the Directors but at least one such meeting shall be held during each calendar quarter. Notice of regular meetings of the Board of Directors shall be given to each Director, personally or by mail, tele-
e Directors but at least one such meeting shall be held during each calendar quarter. Notice of regular meetings of the Board of Directors shall be given to each Director, personally or by mail, telephone or telegraph, at least five (5) days prior to the day named for such meeting.
10. Special Meetings. Special meetings of the Board of Directors may be called by the President on five (5) days notice to each Director, given personally or by mail, telephone or telegraph, which notice shall state the time, place (as hereinabove provided) and purpose of the meeting. Special meetings of the Board of Directors shall be called by the President or Secretary or Assistant Secretary of the Association in like manner and on like notice on the written request of one or more Director.
11. Waiver of Notice. Before or at any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting.
7 11.
79181 1966 12.
Board of Directors' Quorum. At all meetings of the Board of Directors, a majority of the Directors shall constitute a quorum for the transaction of business, and the acts of the majority of the Directors present at a meeting at which a quorum is present shall be the acts of the Board of Directors.
If, at any meeting of the Board of Directors, there be less than a quorum present, the majority of those present may adjourn the meeting from time to time. At any such adjourned
Board of Directors.
If, at any meeting of the Board of Directors, there be less than a quorum present, the majority of those present may adjourn the meeting from time to time. At any such adjourned meeting, any business which might have been transacted at the meeting as originally called may be transacted without further notice.
13. Fidelity Bonds. The Board of Directors may require that all officers and employees of the Association or of the Managing Agent, if any, handling or responsible for Association funds shall furnish adequate fidelity bonds.
such bonds shall be a Common Expense.
The premiums on 14. Compensation. No member of the Board of Directors shall receive any compensation for acting as such.
ARTICLE V FISCAL MANAGEMENT The provision for fiscal management of the Condominium Project for and in behalf of all of the Owners as set forth in the Condominium Declaration shall be supplemented by the following provisions: 1. Accounts. The funds and expenditures of the Owners by and through the Association shall be credited and charged to accounts under the following classifications as shall be appropriate, all of which expenditures shall be Common Expenses: (a) (b) (၁) Current expense, which shall include all funds and expenditures within the year for which the funds are budgeted, including a reasonable allowance for contingencies and working funds, except expenditures chargeable to reserves and to additional improvements.
Reserve for deferred maintenance, which shall include funds for maintenance items which occur less frequently than annually.
Reserve for replacement (sinking fund), which shall include funds for repair or replacement required because of damage, wear or obsolescence.
1.
ARTICLE VI OFFICERS Designation. The officers of the Association shall
cement (sinking fund), which shall include funds for repair or replacement required because of damage, wear or obsolescence.
1.
ARTICLE VI OFFICERS Designation. The officers of the Association shall be a President, a Vice President, a Secretary, an Assistant Secretary, and a Treasurer, all of whom shall be elected by the Board of Directors, and such assistant officers as the Board of Directors shall, from time to time, elect. Such officers shall be members of the Board of Directors. The office of President and Treasurer may be held by the same person, and the office of Vice President and Secretary or Assistant Secretary may be held by the same person.
8 79181 1967 2. Election of Officers. The officers of the Association shall be elected annually by the Board of Directors at the organizational meeting of each new Board and shall hold office subject to the continuing approval of the Board.
3. Removal of Officers. Upon an affirmative vote of a majority of the members of the Board of Directors, any officer may be removed, either with or without cause, and his successor elected at any regular meeting of the Board of Directors, or at any special meeting of the Board called for such purpose.
4.
President. The President shall be the chief executive officer of the Association. He shall preside at all meetings of the Association and of the Board of Directors. He shall have all of the general powers and duties which are usually vested in the office of president of an association, including but not limited to the power to appoint committees from among the Owners from time to time as he may in his discretion decide is appropriate to assist in the conduct of the affairs of the Association or as may be established by the
ppoint committees from among the Owners from time to time as he may in his discretion decide is appropriate to assist in the conduct of the affairs of the Association or as may be established by the Board or by the members of the Association at any regular or special meetings.
5. Vice President. The Vice President shall have all the powers and authority and perform all the functions and duties of the President, in the absence of the President, or his inability for any reason to exercise such powers and functions or perform such duties, and also perform any duties he is directed to perform by the President.
6. Secretary. The Secretary shall keep all the minutes of the meeting of the Board of Directors and the minutes of all meetings of the Association; he shall have charge of such books and papers as the Board of Directors may direct; and he shall, in general, perform all the duties incident to the office of Secretary and as is provided in the Declaration and the ByLaws.
The Secretary shall compile and keep up to date at the principal office of the Association a complete list of members and their last known addresses as shown on the records of the Association. Such list shall also show opposite each member's name the number or other appropriate designation of the Unit owned by such member, the undivided interest in the common elements and a description of the Limited Common Elements assigned for exclusive use in connection with such Condominium.
Such list shall be open to inspection by members and other persons lawfully entitled to inspect the same at reasonable times during regular business hours.
7. Assistant Secretary. The Assistant Secretary shall have all the powers and authority and perform all the functions
ly entitled to inspect the same at reasonable times during regular business hours.
7. Assistant Secretary. The Assistant Secretary shall have all the powers and authority and perform all the functions and duties of the Secretary, in the absence of the Secretary, or his inability for any reason to exercise such powers and functions or perform such duties, and also perform any duties he is directed to perform by the Secretary.
8. Treasurer. The Treasurer shall have responsibility for Association funds and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Association. He shall be responsible for the deposit of all monies and other valuable effects in the name, and to the credit, of the Association in such depositaries as may from time to time be designated by the Board of Directors. In the event a Managing Agent has the responsibility of collecting and disbursing funds, the Treasurer shall 9 79181 1968 review the accounts of the Managing Agent within fifteen (15) days after the first day of each month.
ARTICLE VII INDEMNIFICATION OF OFFICERS, DIRECTORS AND MANAGING AGENT a1. Civil or Criminal Proceedings. The Association shall have the power to indemnify any Officer, Director, or Managing Agent thereof, who was, or is a party, or is threatened to be made a party, to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative (whether or not by or in the right of the Association) by reason of the fact that such person is or was an Officer, Director, or Managing Agent of the Association, gainst expenses (including but not limited to attorneys' fees and cost of the proceeding), judgments, fines and amounts paid
erson is or was an Officer, Director, or Managing Agent of the Association, gainst expenses (including but not limited to attorneys' fees and cost of the proceeding), judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with or in defense of such action, suit or proceeding if such person acted in good faith and in a manner which such person reasonably believed to be in or not opposed to the best interests of the Association. Provided, that with respect to: (1) any criminal action or proceeding, such person had no reasonable cause to believe that his conduct was unlawful; or (2) any civil claim, issue or matter, such person shall not be guilty of gross negligence or willful misconduct in the performance of his duties to the Association. Termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that such person had reasonable cause to believe that his conduct was unlawful, or that such person did not act in good faith or in a manner which he reasonably believed to be in or not opposed to the best interests of the Association, all such matters being determined solely and exclusively for the purpose of indemnification as herein provided.
Indemnification under the preceding paragraph shall be made by the Association only as authorized in each specific case upon the determination that indemnification of such person is proper in the circumstances because he has met the applicable standards of conduct as set forth herein. Such determination shall be made (1) by the Board of Directors by a majority vote of a quorum consisting of Directors who were not parties
the applicable standards of conduct as set forth herein. Such determination shall be made (1) by the Board of Directors by a majority vote of a quorum consisting of Directors who were not parties to such action, suit or proceeding; or (2) if such a quorum is not obtainable by (a) independent legal counsel in a written opinion, or (b) the members of the Association and no member shall be disqualified from voting because he is or was party to any such action, suit or proceeding. Indemnification so determined may be paid, in part, before the termination of such action, suit or proceeding upon the receipt by the Association of an undertaking by or on behalf of the person claiming such indemnification to repay all sums so advanced if it is subsequently determined that he is not entitled thereto as provided in this Article.
To the extent that an Officer, Director or Managing Agent of the Association has been successful on the merits or otherwise in the defense of any action, suit or proceeding, whether civil or criminal, such person shall be indemnified against such expenses (including costs and attorneys' fees) actually and reasonably incurred by him in connection therewith.
Indemnification provided herein shall be exclusive of any and all other rights and claims to which those indemnified may V 10 79191 1969 be entitled as against the Association, and every Director or Officer thereof under any By-Law, resolution, agreement or law and any request for payment hereunder shall be deemed a waiver of all such other rights, claims or demands as against the Association and each Director, Officer and employee thereof.
The indemnification provided herein shall inure to the benefit of the heirs, executors, administrators and successors of any
as against the Association and each Director, Officer and employee thereof.
The indemnification provided herein shall inure to the benefit of the heirs, executors, administrators and successors of any person entitled thereto under the provision of this Article.
The Association shall have the power to purchase and maintain insurance on behalf of any person who is or was a Director, Officer, employee or agent of the Association against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the Association would have the power to indemnify him against such liability under the provision of this Article.
All liability, loss, damage, cost and expense incurred or suffered by the Association by reason or arising out of or in connection with the foregoing indemnification provisions shall be treated and handled by the Association as common expenses; provided, however, that nothing in this Article VII contained shall be deemed to obligate the Association to indemnify any member or owner of a Condominium who is or has been a manager or officer of the Association with respect to any duties or obligations assumed or liability incurred by him under and by virtue of the Declaration and these By-Laws that were assumed or incurred outside of his conduct specifically related to the fulfillment of his duties as an Officer or Director of the Association.
2. other. Contracts or other commitments, made by the Board of Directors, Officers or the Managing Agent shall be made as agent for the Association, and they shall have no personal responsibility on any such contract or commitment (except such liability as may be ascribed to them in their capacity as Owners), and the liability of any Owner on such
and they shall have no personal responsibility on any such contract or commitment (except such liability as may be ascribed to them in their capacity as Owners), and the liability of any Owner on such contract or commitment shall be limited to such proportionate share of the total liability thereof as the common interest of each Owner bears to the aggregate common interest of all of the Owners as set forth on Exhibit "C" of the Declaration.
ARTICLE VIII AMENDMENTS TO BY-LAWS 1. Amendments to By-Laws. These By-Laws may be amended in writing by the Association at a duly constituted meeting called for such purpose or in any regular meeting so long as the notice of such meeting sets forth the complete text of the proposed amendment. No amendment shall be effective unless approved by Owners of at least fifty-one percent (51%) of the common elements as set forth on Exhibit "C" of the Declaration.
ARTICLE IX MORTGAGES 1. Notice to Association. An Owner who mortgages his Condominium shall notify the Association through the Managing Agent, if any, or the Secretary or Assistant Secretary of the Association, giving the name and address of his mortgagee. The Association shall maintain such information in a book entitled "Mortgagees of Condominiums."
VIN 79181 1070 11 2. Notice of Unpaid Common Assessments. The Board of Directors, whenever so requested in writing by a mortgagee of a Condominium , shall promptly report any then unpaid common assessments due from, or any other default by, the owner thereof.
3. Notice of Default. The Board of Directors, when giving notice to an Owner of a default in paying common assessments or other default, shall send a copy of such notice to each holder of a mortgage covering such Condominium whose name
rectors, when giving notice to an Owner of a default in paying common assessments or other default, shall send a copy of such notice to each holder of a mortgage covering such Condominium whose name and address has theretofore been furnished to the Board of Directors.
4. Examination of Books. Each Owner, each mortgagee, and each insurer of a condominium shall be permitted to examine the books of account of the Condominium at reasonable times, on business days, after notice, but not more often than once each month.
5. Notice to Federal Home Loan Mortgage Corporation. If requested by a mortgagee, the Board of Directors shall give Federal Home Loan Mortgage Corporation notice (c/o mortgagee at mortgagee's address) in writing of any loss to, or taking of, the Common Elements of the Condominium Project if such loss or taking exceeds $10,000 or damage to a Condominium covered by a mortgage purchased in whole or in part by Federal Home Loan Mortgage Corporation exceeds $1,000.
ARTICLE X EVIDENCE OF OWNERSHIP, REGISTRATION OF MAILING ADDRESS AND DESIGNATION OF VOTING REPRESENTATIVE 1. Proof of Ownership. Except for those Owners who initially purchase a Condominium from Declarant, any person, on becoming an Owner of a condominium, shall furnish to the Managing Agent or Board of Directors a true and correct copy of the original or a certified copy of the recorded instrument vesting that person with an interest or ownership in the Condominium, which copy shall remain in the files of the Association. A member shall not be deemed to be in good standing nor shall he be entitled to vote at any annual or special meeting of members unless this requirement is first met.
2. Registration of Mailing Address. The Owner or several
eemed to be in good standing nor shall he be entitled to vote at any annual or special meeting of members unless this requirement is first met.
2. Registration of Mailing Address. The Owner or several Owners of an individual Condominium shall have one and the same registered mailing address to be used by the Association for mailing of statements, notices, demands and all other communications, and such registered address shall be the only mailing address of a person or persons, firm, corporation, partnership, association or other legal entity or any combination thereof to be used by the Association. Such registered address of a Condominium Owner or Owners shall be furnished by such Owner(s) to the Managing Agent or Board of Directors within fifteen (15) days after transfer of title, or after a change of address, and such registration shall be in written form and signed by all of the Owners of the Condominium or by such persons as are authorized by law to represent the interest of (all of) the Owner(s) thereof.
All notices or demands intended to be served upon the Association or the Board of Directors thereof shall be sent certified mail, postage prepaid, to SUMMERSET VILLAGE CONDOMINIUM ASSOCIATION Unit 104, 5930 Birchbrook, Dallas, Texas, or such other address as the Board of Directors may establish by notice to all Owners.
12 V !i..
79181 1971 3. Designation of Voting Representative Proxy. If a Condominium is owned by one person, his right to vote shall be established by the record title thereto. If title to a Condominium is held by more than one person or by a firm, corporation, partnership, association, or other legal entity, or any combination thereof, such Owners shall execute a proxy appointing
a Condominium is held by more than one person or by a firm, corporation, partnership, association, or other legal entity, or any combination thereof, such Owners shall execute a proxy appointing and authorizing one person or alternate persons to attend all annual and special meetings of members and thereat to cast whatever vote the Owners themselves might collectively cast if they were personally present. Such proxy shall be effective and remain in force unless voluntarily revoked, amended ΟΙ sooner terminated by operation of law; provided, however, that no proxy shall be valid after eleven (11) months from the date of execution unless specifically provided therein. Also, within thirty (30) days after such revocation, amendment ΟΙ termination, the Owners. shall reappoint and authorize one person or alternate persons to attend all annual and special meetings as provided by this Paragraph 3.
The requirements herein contained in this Article X shall be first met before an Owner of a Condominium shall be deemed in good standing and entitled to vote at an annual or special meeting of members.
1.
ARTICLE XI OBLIGATIONS OF THE OWNERS Assessments: (a) Monthly Assessments. Assessments shall be due monthly in advance on the first day of each month. After monthly assessments have been set by the Board of Directors, the Board of Directors shall prepare and deliver or mail to each Owner an individual statement of the Owner's monthly assessment; thereafter, monthly statements shall be prepared and delivered or mailed only in the event of a change in the monthly assessment, the levying of a special assessment or in the event an Owner becomes delinquent in payment of the monthly assessments.
addiThe assessments made for Common Expenses
change in the monthly assessment, the levying of a special assessment or in the event an Owner becomes delinquent in payment of the monthly assessments.
addiThe assessments made for Common Expenses shall be based upon the cash requirements deemed to be such aggregate sum as the Board of Directors of the Association determines is to be paid by all of the Owners, including the Declarant as limited in paragraph 1(d) of this Article, to provide for the payment at Dallas, Texas, of all estimated expenses growing out of or connected with the maintenance, repair, operation, tions, alterations and improvements of and to the Common Elements and such Limited Common Elements as delineated in this Article, which sum may include, but shall not be limited to: Expenses of management; taxes and special assessments until separately assessed; premiums for fire, casualty and public liability and other insurance; landscaping and care of the grounds, swimming pool, whirlpool, sauna, fountain, walks, stairways, walkways and all other Common Areas; common lighting; repairs and renovations; removals of pollutants and trash collections; wages; common utility charges; 13 79181 1972 beautification and decoration; professional, including legal and accounting fees (except that no Association funds may be used for the purpose of bringing suit against the Declarant, its representatives, successors or assigns), management fees, expenses and liabilities incurred by the Managing Agent or Board of Directors on behalf of the owners under or by reason of the Declaration and those By-Laws; for any deficit arising or any deficit remaining from a previous period; the creation of a reasonable contingency fund, reserves, working capital, and sinking funds as well as other costs and expenses relat-
deficit arising or any deficit remaining from a previous period; the creation of a reasonable contingency fund, reserves, working capital, and sinking funds as well as other costs and expenses relating to the Common Elements. In the event the cash requirements for Common Expenses exceed the aggregate this assessments made pursuant to Article the Board of Directors for the Association may from time to time and at any time make pro rata increases or decreases in the monthly assessments. The omission or failure to fix the assessment for any period shall not be deemed a waiver, modification or a release of the Owners from their obligation to pay the same.
(b) Special Assessments. In addition to those monthly assessments described in Paragraph (a) above, special assessments may be made from time to time by the Board of Directors of the Association to meet other needs or to construct or establish facilities deemed of benefit to the Association and the Owners by the Board of Directors or to overcome deficits in the monthly operating budgets. However, there shall be no special assessments for additions, alterations or improvements of or to the General and Limited Common Elements, requiring an expenditure by the Association in excess of $25,000.00 in any one calendar year without the prior approval of fifty-one percent (51%) of the Owners.
limitations shall not be applicable however to special assessments for the replacement, repair, maintenance or restoration of any Common Elements, or to meet any deficit in the operating.
budget.
Such (c) Voting. A member shall be deemed in good standing and entitled to vote at any annual or special meeting of the members, within the meaning of these By-Laws, if, and only if, he shall have
Such (c) Voting. A member shall be deemed in good standing and entitled to vote at any annual or special meeting of the members, within the meaning of these By-Laws, if, and only if, he shall have fully paid all assessments made or levied against him and the Condominium owned by him.
(d) No Owner's Personal Obligation for Payment of Assessments. The amount of total assessments against each Condominium shall be the personal and individual debt of the Owner thereof.
Owner may exempt himself from liability for his contribution toward the common expenses by waiver of the use or enjoyment of any of the Common Elements or by abandonment of his Unit.
The Board of Directors shall have the responsibility to take prompt action to collect any unpaid assessment which remains unpaid more than due date for payment ten (10) days from the thereof. In the event of a default by an Owner such Owner in the payment of the assessment, 14 Wini i 9.
2.
same.
shall be obligated to pay interest, expenses and late charges. Suit to recover a money judgment had in for unpaid Common Expenses shall be Dallas, County, Texas, and may be maintainable without foreclosing or waiving the lien securing in Additionally, the event that the mortgage on a Condominium should so provide, a default in the payment of an assessment shall be a default in such mortgage and if required by the mortgagee, the Board of Directors shall give prompt notice of any default in payment of an assessment to the mortgagee.
During the development and sale period (which shall be defined as the period up to the time of the first annual meeting of the Association) the Declarant shall be responsible for payment of the monthly Association assessment for the unsold units at the time the expense is incurred. In shall the event,
annual meeting of the Association) the Declarant shall be responsible for payment of the monthly Association assessment for the unsold units at the time the expense is incurred. In shall the event, no however, Declarant be responsible for the payment of any assessments for deferred maintenance, reserves or for replacements, capital improvements, special assessments on Units owned by it (except special assessments for a deficit in the operating budget for Common Expenses where applicable) until after the first annual meeting of the Association.
the So long as Declarant owns one or more of Condominiums it shall be subject to provisions of the Declaration and these By-Laws.
the Vendor's Lien. The obligations of each Owner to pay assessments shall be secured by a Vendor's Lien retained in his Deed to his Condominium.
and 3. Notice of Lien or Suit. An Owner shall give notice to the Association of every lien or encumbrance upon his Condominium, other than for taxes and special assessments, notice of every suit or other proceeding which may affect the title to his Condominium, and such notice shall be given within five (5) days after the Owner has knowledge thereof.
4.
Owner's Maintenance and Repair.
(a) .
For purposes of maintenance, repair, alteration and remodeling, an Owner shall be deemed to own the interior non-supporting walls, the materials (such as, but not limited to, plaster, gypsum dry wall, paneling, wallpaper, paint, wall and floor tile and flooring, but not including the sub-flooring) making up the finished surfaces of the perimeter walls, ceilings and floors within the unit, including the Unit doors and windows and the exterior unfinished surfaces of patios and balconies, if any, forming part of the Unit.
The Owner shall not be deemed to own lines,
floors within the unit, including the Unit doors and windows and the exterior unfinished surfaces of patios and balconies, if any, forming part of the Unit.
The Owner shall not be deemed to own lines, pipes, wires, conduits or systems (which for brevity are herein and hereafter referred to as utilities) running through his Unit which serve one or more other Units except in common with the other Owners. Such utilities shall not be disturbed or relocated by an Owner without the 'written consent and approval of the Board of Directors. Such right to repair, alter and remodel is coupled with the obligation to do 15 75151 48 Y (b) SO promptly and to replace any finishing or other materials removed with similar or other types or kinds of materials of equal quality.
An Owner shall be deemed to own the air confurnace equipment and ditioning and related piping, ducts and the electrical wiring and connections from his meter to such equipment and shall be responsible for the maintenance and repair thereof. An Owner shall also maintain and keep in repair the interior of his own unit, including all fixtures and equipment installed within the Unit commencing at a point where the utilities enter the Unit. An Owner shall not be responsible for the maintenance or repair of any water heating equipment located in his Unit or components thereof, the expense of maintenance If an Owner of which shall be a Common Expense.
fails to so maintain his Unit or make repairs thereto in such a manner as may be determined by the Association to preserve and protect the appearance and value of the Project, the Association shall give written notice to such Owner stating with particularity the work to be done and requesting that it be completed within a If the Owner reasonable time after such notice.
t, the Association shall give written notice to such Owner stating with particularity the work to be done and requesting that it be completed within a If the Owner reasonable time after such notice.
fails to undertake and complete the required maintenance or repair within the specified time the Association may cause the work to be done and shall assess the cost thereof to such Owner which assessment shall be due immediately and shall be enforceable in the same manner as is of the herein provided for other assessments Association.
not modify or change any of the components of the water heating equipment within his Unit without the prior written consent of the Board of Directors nor make any changes that will impair the structural soundness or integrity of the building or impair (nor shall he, easement or hereditament without the prior written consent of the Association, make any changes to the patio or balcony forming a part of his Unit, if any).
any An Owner shall An Owner shall keep the patios or balconies forming a part of his Unit in a clean, neat and sanitary condition and perform the normal day to of such areas.
day cleaning and maintenance However, all substantial repairs or maintenance of such areas shall be the duty of the Association. In the event of any question or ambiguity herein with respect to maintenance responsibility, such responsibility shall be determined pursuant to the Chart of Maintenance ResponsiFurther, each bility attached to these By-Laws.
Owner is prohibited from displaying any signs on or about his Unit in such a manner that it can be viewed from the exterior of his Unit, except that Declarant may display signs on the Condominium Project for purposes of selling or renting unsold units at any time prior to all of the
t it can be viewed from the exterior of his Unit, except that Declarant may display signs on the Condominium Project for purposes of selling or renting unsold units at any time prior to all of the Units being sold.
An Owner shall be obligated to reimburse the Association promptly upon receipt of its statement for any expenditures incurred by it in or Limited repairing or replacing any General 16 5.
Common Element damaged by his negligence or by the negligence of his tenants or agents or guests, including without limitation the removal of any refuse or debris from patios, balconies, and parking spaces and cleaning out of any common sewer laterals of refuse originating from inside of a particular Unit.
Mechanic's Lien. Each Owner agrees to indemnify and to hold each of the other Owners harmless from any and all claims of mechanic's lien filed against other Units and the appurtenant Common Elements for labor, materials, services or other products incorporated in the Owner's Unit. In the event such a lien is filed and/or a suit for foreclosure of mechanic's lien is commenced, then within ten (10) days thereafter such Owner shall be required to deposit with the Association cash or negotiable securities equal to one and one-half (1-1/2) of the amount of such claim plus interest for one (1) year together with the sum equal to ten percent (10%) of the amount of such claim, but not less than TWO HUNDRED FIFTY and 00/100 DOLLARS ($250.00), which latter sum may be used by the Association for any costs and expenses incurred, including attorney's fees incurred for legal advice and counsel. Except as is otherwise provided, such sum or securities shall be held by the Association pending final adjudication or settlement of the
ncluding attorney's fees incurred for legal advice and counsel. Except as is otherwise provided, such sum or securities shall be held by the Association pending final adjudication or settlement of the claim or litigation. Disbursement of such funds or proceeds shall be made by the Association to insure payment of or on account of such final judgment or settlement. Any deficiency, including attorney's fees incurred by the Association, shall be paid forthwith by the subject Owner, and his failure to so pay shall entitle the Association to make such payment, and the amount thereof shall be a debt of the Owner and constitute a lien against his Condominium that may be foreclosed as is provided in the Declaration for non-payment of debts to the Association. All advancements, payments, costs and expenses, including attorney's fees, incurred by the Association shall be forthwith reimbursed to it by such Owner(s), and the Owner(s) shall be liable to the Association for the payment of interest at the rate of ten percent (10%) per annum on all such sums paid or incurred by the Association..
6.
7.
General.
(a) (b) Each Owner shall comply strictly with the provisions of the Declaration and these By-Laws and any amendments thereto.
Each Owner shall always endeavor to observe and promote the cooperative purposes for the accomplishment of which this Condominium Project was established.
Use of Units Internal Changes.
(a) All Units shall be utilized only for residential utilized No Unit may be purposes.
for the permanent residence of any person under the age of sixteen (16) years except that persons under the age of sixteen (16) who were residents of the Project at the time the Declaration is filed and children born of Owners who at the time of
er the age of sixteen (16) years except that persons under the age of sixteen (16) who were residents of the Project at the time the Declaration is filed and children born of Owners who at the time of such birth had been Owners or residents of the Project in excess of seven (7) months may continue to reside in the Project. The term permanent resident shall mean any person who re17 78181 1.6 8.
(b) sides in the Project more than one hundred (100) days out of any year. The Board of Directors may make special exception to this restriction for exceptional circumstances upon written application of an Owner. Any such exception in order to be effective must be set forth in writing with reason given for the granting thereof.
An Owner shall not make structural modifications or alterations to his Unit or installations located therein, nor shall he make any modification whatsoever to the patio or balcony thereof, if any, without the prior written approval of the Association. The Association shall be notified in writing of the intended modification through the Managing Agent, or if no Managing Agent is employed, then through the President or a Vice President of the Association. The Association shall have the obligation to answer an Owner's request within thirty (30) days after such notice, and failure to do so within such time shall mean that there is no objections to the proposed modifications or alterations.
Use of General Common Elements and Limited Common Elements. Each Owner may use the General Common Elements, the Limited Common Elements appurtenant to his Unit and sidewalks, walkways, open parking areas, and drives located within the entire Condominium Project in accordance with the purpose for which they were intended without hindering or encroaching upon
and sidewalks, walkways, open parking areas, and drives located within the entire Condominium Project in accordance with the purpose for which they were intended without hindering or encroaching upon the lawful rights of the other Owners.
9. Right of Entry.
10.
(a) Each Owner shall and does grant the right of entry to the Managing Agent or to any other person authorized by the Association in case of an emergency originating in or threatening his Unit, whether the Owner is present at the time or not.
(b) An Owner shall permit other Owners, or their representatives, to enter his Unit for the purpose of performing installations, alterations or repairs to the mechanical, electrical or utility services which, if not performed, would affect the use of other Unit(s); provided that requests for entry are made in advance and that such entry is at a time convenient to the Owner.
In case of an emergency, such right of entry shall be immediate.
Rules and Regulations.
(a) The initial rules and regulations, which shall be effective until amended or supplemented by the Association, are annexed hereto and made a part hereof.
(b) The Board of Directors, pursuant to Paragraph 3(b) of Article IV of these By-Laws, reserves the power to establish, make and enforce compliance with such additional house rules as may be necessary or desirable for the efficient and enjoyable operation, use and occupancy of this 18 781ki 11.
Condominium Project with the right to amend same from time to time. Copies of such rules and regulations shall be furnished to each Owner prior to the date when the same shall become effective.
Destruction or Obsolescence. Each Owner, ing an Owner upon becomof a Condominium, hereby grants his power of attorney in favor of the Association, irrevocably appointing
same shall become effective.
Destruction or Obsolescence. Each Owner, ing an Owner upon becomof a Condominium, hereby grants his power of attorney in favor of the Association, irrevocably appointing the Association his attorney-in-fact to deal with the Owner's Condominium upon its damage, destruction or obsolescence.
ARTICLE XII ABATEMENT AND ENJOINMENT OF VIOLATIONS BY OWNERS 1. Abatement and Enjoinment. The violation of any rule or regulation accepted by the Board of Directors, or the breach of any By-Law, or the breach of any provision of the Declaration, shall give the Board of Directors or the Managing Agent the right, in addition to any other rights set forth therein, (i) to enter the Unit in which, or as to which, such violation or breach exists and to summarily abate and remove, at the expense of the defaulting Owner, any person, structure, thing or condition that may exist therein contrary to the intent and meaning of the provisions thereof, and the Board of Directors or Managing Agent shall not be deemed guilty in any manner of trespass, and to expel, remove and put out, any person, animal, or thing whatsoever using such force as may be necessary in so doing, without being liable to prosecution or therefor; and (ii) to enjoin, abate, or remedy by appropriate any damages legal proceedings, either at law or in equity, the continuance of any breach. The Board of Directors, or Managing Agent, may assess a fine of up to $100.00 for each occurrence against any Owner violating the rules and regulations, these By-Laws, or the Declaration in addition to any other remedies herein or in the Declaration provided.
ARTICLE XIII COMMITTEES 1. Designation. The Board of Directors may, but shall not be required to, appoint an executive committee, and it may
o any other remedies herein or in the Declaration provided.
ARTICLE XIII COMMITTEES 1. Designation. The Board of Directors may, but shall not be required to, appoint an executive committee, and it may designate and appoint members to the standing committees.
2. Executive Committee. The executive committee shall consist of at least three (3) persons who are members and who shall be appointed by the Board of Directors from the members of the Board. One member shall be the President. The executive committee shall supervise the affairs of the Association and shall regulate its internal economy, approve expenditures and commitments, act and carry out the established policies of the Association and report to the Directors at each meeting of the Board . The executive committee may hold regular meetings, monthly or as it may in its discretion determine. Special meetings may be called at any time by the chairman of the committee or by any of its members, either personally or by mail, telephone or telegraph, and a special meeting may be held by telephone.
3. Nominating Committee. Before each annual meeting, the Board of Directors may appoint a committee of three members who shall nominate candidates for the Board. The names of the candidates shall be submitted on or before thirty (30) days 19 before the election. Members may submit names of candidates other than those submitted by the nominating committee at least sixty (60) days prior to the election. Unless such names are submitted, either by the nominating committee or by the members, no person shall be elected whose name is not so submitted unless no nominations are made, in which event the names of candidates shall be submitted at the election by the members.
4. Vacancies. A vacancy in any committee shall be
ose name is not so submitted unless no nominations are made, in which event the names of candidates shall be submitted at the election by the members.
4. Vacancies. A vacancy in any committee shall be filled by the President until the next meeting of the Board of Directors.
ARTICLE XIV WAIVER OF SUBROGATION Each and every Owner and/or occupant subject to these By-Laws agrees, by acceptance hereof, to grant and hereby does grant a waiver of subrogation in favor of each and every other Owner and/or occupant, regarding any claims or rights each may have under any insurance policies of physical damage regarding his unit or contents therein held by him individually. To the extent any Unit or contents therein is uninsured (beyond any coverage required to be maintained as herein prescribed), each Owner and/or occupant shall and hereby does waive his right of recovery against all other owners and/or occupants, and shall hold harmless all other Owners and/or occupants to the same extent that he would have had he made recovery for such damaged Unit or contents therein under a standard "replacement value" insurance policy insuring same. All Association insurance policy "deductibles" shall be paid by an Owner if the casualty predicating the claim was caused by an act or failure to act of the Owner or emanated from personalty or fixtures for which the Owner has maintenance or repair responsibilities hereunder, whether or not such act or failure to act constitutes megligence. The Association shall pay all other such deductibles.
ARTICLE XV COMPENSATION This Association is not organized for profit. No Owner, member of the Board of Directors, officer or person from whom the Association may receive any property or funds shall receive
LE XV COMPENSATION This Association is not organized for profit. No Owner, member of the Board of Directors, officer or person from whom the Association may receive any property or funds shall receive or shall be lawfully entitled to receive any pecuniary profit from the operation thereof, and in no event shall any part of the funds or assets of the Association be paid as salary or compensation to, or distributed to, or inure to the benefit of any Owner, member of the Board of Directors, or officer, provided, however, always (1) that reasonable compensation may be paid to any member, manager or officer while acting as an agent or employee of the Association for services rendered in effecting one or more of the purposes of the Association, and (2) that any member, manager or officer may, from time to time, be reimbursed for his actual and reasonable expenses incurred in connection with the administration of the affairs of the Association.
ARTICLE XVI EXECUTION OF DOCUMENTS The persons who shall be authorized to execute any and all contracts, documents, instruments, conveyances or encumbrances including promissory notes, shall be two, one of each of the President or Vice President and the Secretary or Assistant Secretary of the Association.
20 A ARTICLE XVII PROXY TO TRUST Condominium Owners shall have the right to irrevocably constitute and appoint the beneficiary of a deed of trust their true and lawful attorney to vote their membership in this Association at any and all meetings of the Association and to vest in such beneficiary or his nominees any and all rights, privileges, and powers that they have as Owners under the By-Laws of this Association or by virtue of the recorded Condominium Declaration. Such proxy shall become effective upon the
and all rights, privileges, and powers that they have as Owners under the By-Laws of this Association or by virtue of the recorded Condominium Declaration. Such proxy shall become effective upon the filing of a notice by the beneficiary with the Secretary or Assistant Secretary of the Association at such time or times as Such the beneficiary shall deem its security in jeopardy.
proxy shall be valid until withdrawn by said Beneficiary or until such time as a release of the beneficiary's deed of trust is executed and a copy thereof delivered to the Secretary or Nothing herein conAssistant Secretary of the Association.
tained shall be construed to relieve Owners, or to impose upon the beneficiary of the deed of trust, of the duties and obligations of an Owner.
ARTICLE XVIII CONFLICTING OR INVALID PROVISIONS Notwithstanding anything contained herein to the contrary, should all or part of any Article of these By-Laws be in conflict with the provisions of the laws of the State of Texas , including specifically the Texas Non-Profit Corporation Act or the Condominium Act of the State of Texas, as amended, such laws shall control; and should any part of these By-Laws be invalid or inoperative for any reason, the remaining parts , so far as is possible and is reasonable, shall be valid and operative.
By our signatures hereto the undersigned, being all of the initial Directors of the Association, hereby adopt the foreAssociation as of going By-Laws for the the 10 day of SEPTEMBER 199.
Brian Holloway Steven Fowlkes Z lloway Jong Ben Brown 21 79181 1960 MAINTENANCE RESPONSIBILITY CHART FOR SUMMERSET VILLAGE CONDOMINIUMS 2.
3.
Items Grounds, including all landscaped and paved areas and improvements thereon lying outside the main walls of the buildings with the
CE RESPONSIBILITY CHART FOR SUMMERSET VILLAGE CONDOMINIUMS 2.
3.
Items Grounds, including all landscaped and paved areas and improvements thereon lying outside the main walls of the buildings with the exceptions noted herein.
Building roof, vertical walls and foundations.
Unit doors (front and rear).
4 Windows.
5.
6.
Limited Common Area parking parking spaces.
Plumbing and sewer lines.
Association Responsibility All except as noted.
All in all regards.
Painting and repair of exterior of door and portions of door frame which are not exposed to interior of Unit.
Exterior painting, caulking glazing, and replacement of broken panes caused other than by acts or negligence of an Owner or an Owner's invitees.
All except for routine cleaning of parking spaces.
Repairs to portions of plumbing and sewer lines outside of the boundaries of a Unit (including plumbing and sewers serving only one Unit) except when caused by the occupants of a Unit.
Unit Owner Responsibility Cleaning of patios, balconies, and .Limited Common areas appurtenant to the Unit; replacement and maintenance of plantings and improvements on the patios and balconies made by the Unit Owner.
Damage to a Unit occasioned by causes initially occurring outside of the unit (but not consequential damages such as to furniture, clothing or other personal items).
Unit side of door, all door hardware, weather stripping and doorsill.
Replacement or repair of all sliding screen doors.
Routine cleaning and repair of windows and window mechanisms and replacement of broken panes caused by Owner or an Owner's invitees.
Replacement of repair of all screens.
Routine cleaning of parking spaces.
All portions within a Unit serving only that Unit including fixtures and appliances attached thereto, except as part
invitees.
Replacement of repair of all screens.
Routine cleaning of parking spaces.
All portions within a Unit serving only that Unit including fixtures and appliances attached thereto, except as part of heating and cooling system. Damage to a Unit originating from causes initially occuring within the Unit that are the responsibility of the Unit owner.
22 79181 1601 7.
Items Electrical and related systems.
Association Responsibility All except electrical and related systems serving only one Unit within the interior of the Unit.
Damage to a Unit occasioned from sources outside of the unit originating from electrical systems and components, the maintenance responsibility of which is the Association's.
Unit Owner Responsibility All portions within a unit serving only that unit including fixtures thereto. Damage to a Unit occasioned by causes initiating within the Unit from electrical and related systems, the maintenance of which is the responsibility of the Unit Owner.
8.
Air conditioning, furnaces and water Water heating system Air conditioning and furnace equipment ducts.
blowers and electric ci cuits between such equi] ment and the owner's meter in all regards except for the optional preventative maintenanc that may be provided by the association in its discretion.
9.
Swimming pool, whirlpool, All in all regards.
sauna, fountain, utility rooms and storage rooms.
General Common Areas.
All in all regards.
11.
12.
Open parking areas.
Patios and balconies forming a part of a Unit.
All in all regards.
All except for routine · cleaning and maintenance.
23 Routine cleaning and maintenance.
79181 1362 RULES AND REGULATIONS FOR SUMMERSET VILLAGE CONDOMINIUM ASSOCIATION 1. Any common sidewalks, driveways, hallways and entrances shall not
nd maintenance.
23 Routine cleaning and maintenance.
79181 1362 RULES AND REGULATIONS FOR SUMMERSET VILLAGE CONDOMINIUM ASSOCIATION 1. Any common sidewalks, driveways, hallways and entrances shall not be obstructed or used by any Owner for any other purpose than ingress to and egress from the Units.
2. No article shall be placed on or in any of the General Common Elements (other than driveways) except for those articles of personal property which are the common property of all of the unit owners.
3. Owners, members of their families, their guests, residents , tenants or lessees shall not use hallways, sidewalks, driveways, and entrances as a play area(s).
4. No vehicle belonging to or under the control of any Owner or a member of the family or a guest, tenant, lessee, or employee of a Unit Owner shall be parked in another Owner's limited area parking space nor parked in such manner as to impede or prevent ready access to any entrance to or exit from designated parking areas only. Open parking areas (those not designated as Limited Common or otherwise assigned to one or more Units or specifically reserved for delivery purposes) shall be used only by guests of Unit Owners and shall not be used for regular parking by a Unit Owner.
5. No decoration or article shall be placed upon and no work of any kind shall be done upon the exterior building walls or upon the general common elements by any Unit Owner. Such decoration and work is the responsibility of the Association.
No changes can be made in the Limited Common Elements except with prior written approval of the Board of Directors.
6. No Owner, resident or lessee shall install wiring for electrical or telephone installation or for any other purpose, nor shall any television or radio antennae, machines or air
Board of Directors.
6. No Owner, resident or lessee shall install wiring for electrical or telephone installation or for any other purpose, nor shall any television or radio antennae, machines or air conditioner be installed on the exterior of the project or be installed in such a manner that they protrude through the walls or the roof of the condominium improvements or are otherwise visible from the ground, except as may be expressly authorized in writing by the Association.
7. Use of any facilities of the Condominium Project will be made in such manner as to respect the rights and privileges of other owners. The Board of Directors shall have the right to abate all nuisances.
8. Owners and occupants shall exercise reasonable care to avoid making or permitting to be made loud, disturbing, or objectionable noises, and in using or playing or permitting to be used or played musical instruments, radios, phonographs, television sets, amplifiers and any other instruments or devices in such manner as may disturb or tend to disturb Owners, or occupants of other Units.
9.
Garbage and trash shall be disposed of only in approval trash receptacles provided by the Association. All trash must be placed in sealed bags or sealed containers prior to being put in the trash receptacles. No trash shall be stacked or left outside of Units or patios, nor shall trash be stacked outside of the trash receptacles or in stairways.
79181 JPG 24 10. Cats, dogs, or other animals or birds or reptiles (hereinafter for brevity termed animals) shall be kept in such a manner SO as not to disturb the other Owners. If an animal becomes obnoxious to other Owners, the Owner or person having control of the animal shall be given a written notice by the
be kept in such a manner SO as not to disturb the other Owners. If an animal becomes obnoxious to other Owners, the Owner or person having control of the animal shall be given a written notice by the Board of Directors to correct the problem, or if not corrected, the owner, upon written notice, will be required to remove the animal. The written notices provided for herein shall be issued by the Managing Agent, or, if there is no Managing Agent, then the Board of Directors. An Owner must receive permission in writing from the Board of Directors or Managing Agent in order to keep any animal the adult weight of which will exceed thirty (30) pounds or in order to keep more than two animals on the premises. No animal is permitted outside of a Unit unless on a leash and accompanied by an Owner or his lessee or guest.
11. Any damage to the Common Elements or common personal property caused by the children of an Owner or their guests or by the guests of a Unit Owner shall be repaired at the expense of that Owner.
12.
The Managing Agent, or if there is no Managing Agent, then the Board of Directors, shall retain a passkey to each Unit.
If an Owner shall alter any lock or install a new lock on any door leading into the Unit, the Owner shall provide a key for the Managing Agent's or the Board of Directors' use.
13.
All draperies or drapery linings visible from the exterior of any Unit shall be of a neutral, white or off-white color.
14. No garments, rugs, or any other items may be hung from the exterior of the windows, balconies or walkways or from any of the facades of the buildings.
15.
The term "single-family" as used in the By-Laws shall be defined to include a family or other persons sharing a condominium wherein the total number of persons does not exceed the
the buildings.
15.
The term "single-family" as used in the By-Laws shall be defined to include a family or other persons sharing a condominium wherein the total number of persons does not exceed the following: no more than six (6) persons may occupy a three bedroom unit, no more than four (4) persons may occupy any two (2) bedroom unit, and no more than two (2) persons may cccupy a For the one (1) bedroom unit on a permanent occupancy basis.
purposes of this paragraph "permanent occupancy" shall be defined as any occupancy in excess of thirty (30) days not separated by intervals of at least six (6) months.
16.
No Owner shall modify or alter in any way the structure or appearance of any patio, walkway or balcony area. All patios, walkways and balconies shall be kept in clean and neat condition, free of debris and refuse. Patios, walkways and balconies shall not be used for storage purposes nor shall any Owner fence in, wire in or in any other way enclose any such area. If an Owner allows the patio, walkway or balcony appurtenant to his Unit to become cluttered or unsightly in any manner, he shall be given notice of such fact by the Boar I of Directors or Managing Agent, and shall be required to correct such condition within five (5) days of the date of notice and if he fails to do so, then the Board of Directors or Mana ing of Agent may correct such discrepancy (including the remova.
any unsightly items) and/or repair or refurbish the patio or balcony at the owner's expense.
17. All Owners, tenants, their family and guests shall at .de.
by the Rules and Regulations posted at the swimming pc 1.
Owners, tenants, their families and guests may use the swimm ng pool only at their own risk and the Association assumes
d guests shall at .de.
by the Rules and Regulations posted at the swimming pc 1.
Owners, tenants, their families and guests may use the swimm ng pool only at their own risk and the Association assumes liability or responsibility for any injury or death occurr.ng as a result of such use.
no 25 79181 1 18. All moves of furniture, appliances or other heavy objects in or out of the project must be made between the hours of 8:30 a.m. and 4:00 p.m. or at such other time as may be scheduled with the management office.
19. No construction may be done in any unit except between the hours of 8:30 a.m. and 4:00 p.m. Monday through Saturday except with respect to construction performed by or at the request of the Declarant.
20. All owners, residents and guests must wear neat and clean attire when utilizing the General common areas. Shoes and shirts must always be worn in the common areas except the swinning pool.
21. Alcoholic beverages may not be consumed to excess in any of the general common areas nor shall any swearing or loud or boisterous conduct be permitted.
22. An Owner may not physically change the front door to his Unit nor place signs or decorations on the exterior side of such door without the prior written approval of the managing agent.
The foregoing Regulations are subject to amendment and to the promulgation of further regulations.
26 79181 138S AMENDMENT TO THE BY-LAWS OF THE SUMMERSET VILLAGE, A CONDOMINIUM AMENDMENT NO. 1 Article IV, Section 1, Page 3 is amended as follows: The Board of Directors shall consist of seven (7) members of the Association who shall govern the affairs of this Association until their successors have been duly elected and qualified.
APPROVED BY THE COUNCIL OF CO-OWNERS August 14, 1985.
Thomas Edom.
Thomas Edson, President
who shall govern the affairs of this Association until their successors have been duly elected and qualified.
APPROVED BY THE COUNCIL OF CO-OWNERS August 14, 1985.
Thomas Edom.
Thomas Edson, President THE STATE OF TEXAS X BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this day personally appeared Thomas Edson, President, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Summerset Village Homeowners Association, and that he executed the same as the act of such regime for the purposes and consideration therein expressed, and in the capacity therein stated .
1 GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the of August, 1985 22 day My Commission Expires: 4-18-88 Dalley Notary Public in and for Dallas County, Texas AFF 20080276066 3 PGS THE STATE OF TEXAS COUNTY OF DALLAS concoscos AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared Jerry Clements, who, after being by me first duly sworn, upon his oath stated: I am the attorney for Summerset Village Condominium Association, a Texas non-profit corporation (the "Association") Attached hereto are certain amendments to the Bylaws and rules and regulations of the Association, each of which was duly approved and adopted by the Association in accordance with its governing documents.
FURTHER Affiant sayeth not."
EXECUTED this 21st day of August, 2008.
Jerry Clements ешк Jerry Clements SUBSCRIBED and ACKNOWLEDGED before me by Jerry Clements, this 21 ST day of August 2008, to certify which witness my hand and seal of office.
After recording return to: Clements Notary Public, State of Texas Jerry Clements 5832 Charlestown Drive Dallas, Texas 75230 WATE OF TELE
gust 2008, to certify which witness my hand and seal of office.
After recording return to: Clements Notary Public, State of Texas Jerry Clements 5832 Charlestown Drive Dallas, Texas 75230 WATE OF TELE HOPE CLEMENTS Notary Public STATE OF TEXAS My Comm. Exp. Jun 01, 2011 SUMMERSET VILLAGE CONDOMINIUM ASSOCIATION, AMENDMENTS TO BYLAWS AND ATTACHED RULES AND REGULATIONS 1.
The present Article III, Paragraph 5, entitled Notice of Meetings, is deleted, and in its place and stead is the following: 5. Notice of Meeting. It shall be the duty of the Secretary or Assistant Secretary of the Association to mail or deliver to each Condominium a notice of each annual or special meeting, stating the purpose thereof as well as the time and place it is to be held, to each Owner of record, at least ten (10) days, but not more that sixty (60) days, prior to such meeting. The mailing of a notice in the manner provided in this paragraph shall be considered notice served.
2. The present Article IV, Subparagraph 3 (f), beginning with the words "To collect delinquent assessments", is deleted, and in its place and stead is the following: 3.
(f) To collect delinquent assessments by suit or otherwise and to enjoin or seek damages from an Owner who may be in default as is provided in the Declaration and these By-laws. To enforce a late charge of TWENTY-FIVE and 00/100 DOLLARS ($25) per month, or such other amount as the Board of Directors may from time to time determine in connection with assessments remaining unpaid more than ten (10) days from due date for payment thereof, together with all expenses, including legal fees incurred in the collection thereof.
The present Article IV, Subparagraph 3 (n), beginning with the words "To
0) days from due date for payment thereof, together with all expenses, including legal fees incurred in the collection thereof.
The present Article IV, Subparagraph 3 (n), beginning with the words "To meet at least once", is deleted, and in its place and stead is the following: 4.
(n) To meet at least once each quarter; provided that any Board of Directors meeting may be attended and conducted by telephone or other device which permits all of the Directors in attendance to participate in such meeting, and taken at any meeting of the Board of Directors, or any action which may be taken at such meeting, may be taken without a meeting.
The present Article IV, Paragraph 9, entitled Regular Meetings, is deleted, and in its place and stead is the following: 9. Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place as shall be determined, from time to time, by a majority of the Directors but at least one such meeting shall be held during each calendar quarter. Notice of regular meetings of the Board of Directors shall be given to each Director, personally or by mail, telephone, or other electronic means, at least five (5) days prior to the day named for such meeting.
5.
The present Article XI, Subparagraph 7 (a), beginning with the words "All units shall be", is deleted, and in its place and stead is the following: (a) All units shall be utilized only for residential purposes.
This subparagraph is moved and redesignated as subparagraph 6 (a) of Article XI.
6. The present Article XI, Subparagraph 7 (b), beginning with the words "An Owner shall not make", is moved and redesigned as Subparagraph 4 (c) of Article XI.
7. The present paragraph 4 of the Rules and Regulations, which are
Subparagraph 7 (b), beginning with the words "An Owner shall not make", is moved and redesigned as Subparagraph 4 (c) of Article XI.
7. The present paragraph 4 of the Rules and Regulations, which are attached to the By-laws, is deleted, and in its place and stead is the following: 4.
No vehicle belonging to or under the control of any Owner or a member of the family or a guest, tenant, or employee of a unit Owner, shall be parked in another Owner's limited area parking space nor parked in such manner as to impede or prevent ready access to any entrance to or exit from designated parking areas only or other areas as designated by the Board of Directors.
COUNTY OF FILED AND RECORDED DALLAS OFFICIAL PUBLIC RECORDS STATE OP SYX3 John F. Warren, County Clerk Dallas County TEXAS August 25, 2008 08:16:13 AM FEE: $24.00 20080276066