367087 1/17, ERS ASSOCIATION S) S (A Texas Property Owners Association) ARTO TET EN, PROPERTY Summit Parc is an addition to the City of Dallas, Texas, the plats of the initial phases having been recorded (Phase 1) on March 19, 2002, in Volume 2002054, Page 33, and (Phase 2) on July 26, 2002, in Volume 2002145, Page 74, Real Property Records, Dallas County, Texas. These Bylaws are to be recorded in the Rea! Property Records of Dallas County, Texas.
w0Ui2 UO209 ARTICLE 1 INTRODUCTION 1.1.
PROPERTY 1.2.
PARTIES TO BYLAWS 1.3.
DEFINITIONS 1.4.
NONPROFIT PURPOSE 1.5.
DECLARANT CONTROL 1.6.
GENERAL POWERS AND DUTIES ARTICLE 2 BOARD OF DIRECTORS QUALIFICATION 2.1. NUMBER AND TERM OF OFFICE 2.2.
2.3. ELECTION 2.4.
VACANCIES 2.5. REMOVAL OF DIRECTORS 2.6. MEETINGS OF THE BOARD 2.7.
2.8. POWERS AND DUTIES 2.9.
FIDELITY BONDS.
ARTICLE 3 OFFICERS 3.1.
DESIGNATION.
3.2.
ELECTION OF OFFICERS 3.3.
REMOVAL AND RESIGNATION OF OFFICERS STANDARD OF CARE 35.
DESCRIPTION OF PRINCIPAL OFFICES 3.6.
AUTHORIZED AGENTS ARTICLE 4-MEETINGS OF THE ASSOCIATION 4.1.
ANNUAL MEETING 4.2.
SPECIAL MEETINGS 4.3.
PLACE OF MEETINGS 4.4.
NOTICE OF MEETINGS 4.5.
INELIGIBILITY 4.6.
VOTING MEMBERS LIST 4.7.
QUORUM 4.8.
LACK OF QUORUM 4.9.
VOTES 4.10.
PROXIES 4.11.
CONDUCT OF MEETINGS 4.12.
ORDER OF BUSINESS 4.13.
ADJOURNMENT OF MEETING 4.14.
ACTION WITHOUT MEETING 4.15.
TELEPHONE MEETINGS Unofficial Copy BYLAWS OF SUMMIT PARC OWNERS ASSOCIATION (A Texas Property Owners Association) TABLE OF CONTENTS Page 1 1 1 1 1 1 1 1 1 2 2 2 2 3 4 4 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 6 7 7 7 7 8 8 8 BYLAWS OF SUMMIT PARC OWNERS ASSOCIATION Page i 2003012 00206 ARTICLE 5 RULES 5.1.
5.2.
5.3.
5.4.
RULES ADOPTION AND AMENDMENT NOTICE AND COMMENT DISTRIBUTION ARTICLE 6 ENFORCEMENT
SOCIATION Page i 2003012 00206 ARTICLE 5 RULES 5.1.
5.2.
5.3.
5.4.
RULES ADOPTION AND AMENDMENT NOTICE AND COMMENT DISTRIBUTION ARTICLE 6 ENFORCEMENT 6.1.
6.2.
6.3.
6.4.
6.5.
6.6.
6.7.
REMEDIES REIMBURSEMENT OF EXPENSES AND LEGAL FEES ACTIONS REQUIRING NOTICE AND HEARING NOTICE HEARING ACTIONS EXEMPT FROM NOTICE AND HEARING REQUIREMENTS IMPOSITION OF FINE 6.8. ADDITIONAL ENFORCEMENT RIGHTS ARTICLE 7 OBLIGATIONS OF THE OWNERS 7.1.
NOTICE OF SALE 7.2.
PROOF OF OWNERSHIP 7.3.
OWNERS' INFORMATION 7.4.
MAILING ADDRESS 7.5.
REGISTRATION 7.6.
ASSESSMENTS 7.7.
ARTICLE 8 8.1.
RECORDS 8.2.
8.3.
ARTICLE 9-NOTICES 9.1.
9.2 9.3.
NOTICES NOTICE TO BYLAWS AUTHORITY PROPOSALS 10.3. CONSENTS 10.4.
MORTGAGEE PROTECTION 10.5.
EFFECTIVE Unofficial Copy 8 8 8 9 9 9 9 10 10 11 11 12 12 12 12 12 12 12 12 13 13 13 13 13 13 13 13 14 14 14 14 14 14 14 10.6.
DECLARANT PROTECTION 14 ARTICLE 11 GENERAL PROVISIONS 14 11.1.
DRAFTER'S INTENT 14 11.2.
COMPENSATION 15 11.3.
CONFLICTING PROVISIONS 15 11.4.
SEVERABILITY 15 11.5.
CONSTRUCTION 15 11.6.
FISCAL YEAR 15 11.7.
WAIVER 15 11.8.
PREPARER 16 CERTIFICATION & ACKNOWLEDGMENT 16 BYLAWS OF SUMMIT PARC OWNERS ASSOCIATION Page ii 2003012 00207 (A Texas Property Owners Association a, 4 BYLAWS Q = ARTICLE 1 INTRODUCTION 1.1. PROPERTY. These bylaws provide for the govéy Summit Parc, located in the City of Dallas, Dallas County, Te: Property"), and which is subject to the Property Records of Dallas County, Texas (the " : on the Final Plat of Summit Parc, Phase 1, recdtd F2002, in Volume 2002054, Page 33, Real i mit Parc, Phase 2, recorded on July 26, 2002, in Volume 2002145, Page 74, Real Property RécordS, Dallas County, Texas.
al Plat of Summit Parc, Phase 1, recdtd F2002, in Volume 2002054, Page 33, Real i mit Parc, Phase 2, recorded on July 26, 2002, in Volume 2002145, Page 74, Real Property RécordS, Dallas County, Texas.
1.2. PARTIES TO BYLAWS futire lot owners and all other persons who use or occupy the Property in any manner are subjectyta thes bylaws, the declaration, and the other Documents as defined 1.3. DEFINITIO y arte, phrases defined in the declaration have the same meanings when used in these bylaws.
CONTROL. Notwithstanding anything to the contrary in these bylaws, a number of eq by the declarant’s reservations in Appendix C of the declaration during the Declarant € Development Period, as defined in the declaration, including the number, qualification, oval, and replacement of directors, as well as the weight of votes allocated to lots owned by | During the Development Period, Appendix C of the Declaration has priority over these Bylaws.
1.6. GENERAL POWERS AND DUTIES. The Association, acting through the board, has the powers and duties necessary for the administration of the affairs of the Association and for the operation and maintenance of the Property as may be required or permitted by the Documents and State law, The Association may do any and all things that are lawful and which are necessary, proper, or desirable in operating for the best interests of its members, subject only to the limitations upon the exercise of such powers as are expressly set forth in the Documents.
ARTICLE 2 BOARD OF DIRECTORS 2.1. NUMBER AND TERM OF OFFICE. The board will consist of five persons. Upon election, each director will serve a teri of 2 years. To maintain staggered terms, two directors will be elected in even-
S 2.1. NUMBER AND TERM OF OFFICE. The board will consist of five persons. Upon election, each director will serve a teri of 2 years. To maintain staggered terms, two directors will be elected in evennumbered years, and three directors will be elected in odd-numbered years. A director takes office upon the BYLAWS OF SUMMIT PARC OWNERS ASSOCIATION Page 1 of 16 202612 U0208 adjournment of the meeting or balloting at which he is elected or appointed and, absent death resignation, or removal, will hold office until his successor is elected or appointed. The number of tice be changed by amendment of these bylaws, but may not be less than three. To establish g the first election, the candidates receiving most votes will serve initial terms of 2 years, thg the next-highest votes will serve initial terms of one year. Thereafter, their successors wi 2.2. QUALIFICATION. The following qualifications apply to the election hr Appoint the board.
2.2.1. Owners. At least a majority of the directors|mlst be rherkbers of the Association or spouses of members.
2.2.2. Entity Member. If a lot is owned by &Jedal entity, sUctas a partnership or corporation, any officer, partner, agent, or employee of that entity r is eligible to serve as a director and is deemed to be a member for the purposes of this See 2.2.3. Delinquency. No person against the person or his lot is more provided he has been given "es. of or appointed as a director if any assessment quent at the time of election or appointment, and a reasonable opportunity to cure it.
2.2.4. Violations at the time of elections n -- has not cured a violation of the Documents for which the Association has given g 2.2.5.
adverse to the Asst Party.
a reasonable opportunity to cure it.
2.2.4. Violations at the time of elections n -- has not cured a violation of the Documents for which the Association has given g 2.2.5.
adverse to the Asst Party.
86n may be elected or appointed as a directa; if the person is a party g board in pending litigation to which the Association or the board is a eetOrs will be elected by the members of the Association. The election of directors will be conducéd Gt the ual meeting of the Association, at any special meeting called for that purpose, or by any itted by applicable law, such as Section 2.13B of the Texas Nonprofit Corporation Act, which may include ut Imitation, mail, facsimile transmission, electronic mail, or a combination of any of these.
. FANCIES. Vacancies on the board caused by any reason, except the removal of a director by a votes Association, are filled by a vote of the majority of the remaining directors, even though less than 3 quorum,~at any meeting of the board. Each director so elected serves until the next meeting of the Association, at which time a successor will be elected to fill the remainder of the term.
2.5. REMOVAL OF DIRECTORS.
2.5.1. Removal by Members. At any annual meeting or special meeting of the Association, any one or more of the directors may be removed with or without cause by members representing at least two-thirds of the votes present in person or by proxy at the meeting, and a successor may then and there be elected to fill the vacancy thus created. Any director whose removal has been proposed by the members must be given an opportunity to be heard at the meeting.
2.5.2. Removal by Directors. A director may not be removed by the officers or by the remaining
r whose removal has been proposed by the members must be given an opportunity to be heard at the meeting.
2.5.2. Removal by Directors. A director may not be removed by the officers or by the remaining directors, except for the following limited reasons for which a director may be removed by at ieast a majority of the other directors at 4 meeting of the board called for that purpose: BYLAWS OF SUMMIT PARC OWNERS ASSOCIATION Page 2 of 16 203012 00209 fe OSA Ser ee a. The director is a party adverse to the Association or the board in pendingitidetion to which the Association or the board is a Party, provided the Association Gte.port to effect rernoval of the director.
b. The director's account with the Association has been delinquent fe has been delinquent at least 3 times during the preceding given notice of the default and a reasonable opportunity d. The director has refused or failed to cyre a viola been given notice, a reasonable op} ity to cUre-etid an opportunity to request a hearing before the board.
2.6. MEETINGS OF THE BOARD.
2.6.1.
directors will convene an organizational Purpose of electing officers. The time and place of the meeting will be fixed by the bog iced to the directors.
2.6.2. Regular meetings of the board may be held at a time and place that the board dd je to time, but at least one such meeting must be held each calendar quarter. Noti ee}ings of the board will be given to each director, personally or by telephone, written, communication, at least 3 days prior to the date of the meeting.
2.6.3.
ads of the Board. Special meetings of the board may be called by the president or, if or tefuses to act, by the secretary, or by any 2 directors. At least 3 days
ior to the date of the meeting.
2.6.3.
ads of the Board. Special meetings of the board may be called by the president or, if or tefuses to act, by the secretary, or by any 2 directors. At least 3 days notice will be gi director, personally or by telephone, written, or electronic communication, which notig fe place, time, and purpose of the meeting.
Meetings. In case of emergency, the board may convene a meeting after ent attempt to notify each director by any practical method.
Conduct of Meetings. The president presides over meetings of the board and the €eps, or causes to be kept, a record of resolutions adopted by the board and a record cf actions and proceedings occurring at meetings. When not in conflict with faw or the Documents, the then current edition of Robert's Rules of Order governs the conduct of the meetings of the board.
2.6.6. Quorum. At meetings of the board, a majority of directors constitutes 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 are the acts of the board. If less than a quorum is present at a meeting of the board, the majority of those present may adjourn the meeting from time to time. At any reconvened meeting at which a quorum is present, any business that may have been transacted at the meeting as originally called may be transacted without further notice. Directors may not participate by proxy at meetings of the board.
2.6.7. Minutes. The written report of a board meeting is not the minutes of the meeting until approved by the directors at a future meeting. The minutes must report actions taken by the board, but need not report the substance of discussion. The board is not required to distribute minutes of its meetings to the members.
t a future meeting. The minutes must report actions taken by the board, but need not report the substance of discussion. The board is not required to distribute minutes of its meetings to the members.
BYLAWS OF SUMMIT PAKC OWNERS ASSOCIATION - Page 3 of 16 203012 UO210 bop at oop eee ee Ae 2.6.8. Open Meetings. Regular and special meetings of the board are open to m, Association, subject to the following provisions: a, No audio or video recording of the meeting may be made, excepts the board's prior express consent.
b. Members who are not directors may not partici circumstances, and may not Participate in board so authorizes at the meeting.
pate in bga d. The board may prohibit attendan agents, and attorneys often b e.
fi The board pfs i aqujted to publish to members the time, date, and place of board 5 ii'previde the information if requested in writing by a member on GD Reti is.
2.6.9. ex © Members of the board or any committee of the Association may etings of the board or committee by means of conference telephone or similar ent by Yheans of which all persons Participating in the meeting can hear each cH meeting constitutes presence in person at the meeting, except where a eMeeting for the express purpose of objecting to the transaction of any business the meeting is not lawfully called or convened.
participate in and communications ¢ . Any action required or permitted to be taken by the board at ) taken withcut a meeting, if all directors individually or collectively consent in writing bn. The written consent must be filed with the minutes of board Meetings. Action by written 2.7. LIABILITIES AND STANDARD OF CARE. In performing their duties, the directors are required to
in writing bn. The written consent must be filed with the minutes of board Meetings. Action by written 2.7. LIABILITIES AND STANDARD OF CARE. In performing their duties, the directors are required to exercise certain standards of care and are subject to certain liabilities, including but not limited to the following provisions of State law: Articles 1396-2.20.D., -2.25, -2.26, -2.28, -2.29, and -2.30 of the Corporation Act.
2.8. POWERS AND DUTIES. The board has all the powers and duties necessary for the administration of the Association and for the operation and maintenance of the Froperty. The board may do all acts and things except those which, by law or the Documents, are reserved to the members and may not be delegated to the board. Without prejudice to the general and specific powers and duties set forth in laws or the Documents, or powers and duties as may hereafter be imposed on the board by resolution of the Association, the powers and duties of the board include, but are not timited to, the following: 2.8.1. Appointment of Committees. The board, by resolution, may from time to time designate standing or ad hoc committees to advise or assist the board with its responsibilities. The resolution may establish the purposes and powers of the committee created, provide for the appointment of a chair and committee members, and may provide for reports, termination, and other administrative matters deemed SS SRS Sa Trae ee BYLAWS OF SUMMIT PARC OWNERS ASSOCIATION Page 4 of 16 20012 UOZ11 appropriate by the board. Members of committees will be appointed from among th residents.
2.9. FIDELITY BONDS. Any person handling or responsible for Associatjo
20012 UOZ11 appropriate by the board. Members of committees will be appointed from among th residents.
2.9. FIDELITY BONDS. Any person handling or responsible for Associatjo agents, and employees of the Association, must furnish adequate fideli q may be a common expense of the Association.
ARTICLE 3 OFFICERS 3.1. DESIGNATION. The principal officers of the Assd« than are the president, the secretary, and the treasurer. The board may appoint one or more vice-presjdé i deems necessary. The president and secretary must beGire Other officers may, but need not, be members or directors. Any 2 cffices may be naoy the g on, except the offices of president and secretary. If an officer is absent or unable to act, tha gppoint a director to perform the duties of that officer and to act in place of that officer, on ai 3.2. ELECTION OF OFFICERS.>The' ficersjare elected no less than annuaily by the directors at the organizational meeting of the boa ig Fe é at the pleasure of the board. Except for resignation or removal, officers hold office unti PESRECHi iccessors have been designated by the board.
3.3 OF OFFICERS. A majority of directors may remove any officer, with or without cause, at any re ff the board or at any special meeting of the board called for that purpose. A successor may be elactéd a any regular or special meeting of the board called for that purpose.
An officer may resign at e Dy giving written notice to the board. Unless the notice of resignation states otherwise, it is effectiye ived by the board and does not require acceptance by the board. The resignation or renfoyal Of er who is also a director does not constitute resignation or removal from the board.
In performing their duties, the officers are required to exercise the
by the board. The resignation or renfoyal Of er who is also a director does not constitute resignation or removal from the board.
In performing their duties, the officers are required to exercise the sté provided by applicable law, such as Article 1396-2.20.D. of the Texas Nonprofit Corporation Act.
3.5.1. President. As the chief executive officer of the Association, the president: (1) presides at all meetings of the Association and of the board; (2) has all the general powers and duties which are usually vested in the office of president of a corporation organized under the laws of the State of Texas; (3) has general supervision, direction, and control of the business of the Association, subject to the contro! of the board; and (4) sees that ali orders and resolutions of the board are carried into effect.
3.5.2. Secretary. The secretary: (1) keeps the minutes of ail meetings of the board and of the Association; (2) has charge of such books, papers, and records as the board may direct; (3) maintains a record of the names and addresses of the members for the mailing of notices; and (4) in general, performs all duties incident to the office of secretary.
3.5.3. Treasurer. The treasurer: (1) is responsible for Association funds; (2) keeps full and accurate financial records and books of account showing all receipts and disbursements; (3) prepares ail required financial data and tax returns; (4) deposits all monies or other valuable effects in the name BYLAWS OF SUMMIT PARC OWNERS ASSOCIATION Page 5 of 16 200012 0O2ZI12 Shay hon afd. oR blll aa ata oe ne ene of the Association in depositories as may from time to time be designated by the board;
of 16 200012 0O2ZI12 Shay hon afd. oR blll aa ata oe ne ene of the Association in depositories as may from time to time be designated by the board; the annual and supplemental budgets of the Association; (6) reviews the accounts of fhe agent on a monthly basis in the event a managing agent is responsible for collect) Association funds; and (7) performs all the duties incident to the office of treasure 3.6. AUTHORIZED AGENTS. Except when the Documents require executio certain individuals, the board may authorize any person to execute instruments 5 In the absence of board designation, the president and the secretary are & orized to execute instruments on behalf of the Association.
ARTICLE 4 4.1. | ANNUAL MEETING. An annual meeting of the Assb ign will be held during the month of October of each year. At annual meetings the members will ele ‘ accordance with these bylaws. The ay properly come before them.
4.2. SPECIAL MEETINGS. It is the duty off directed to do so by a majority of the board or in the Property. The meeting must be held wj ed by owners of at least 20 percent of the lots after the board resolution or receipt of petition. The |, and purpose of the meeting. No business, except the and will state the particular purpose of a special meeting. Notices may also set ation deemed appropriate by the board.
yancial account with the Association is in arrears 45 days before the date of a meeting of the h members will vote, proyided each ineligible member is given notice of the arrearage and Purposes of restoring eligibility. A determination of members entitled to vote at a meeting of the Association is effective for any adjournment of the meeting, provided the date of the adjourned meeting is not more than
ng eligibility. A determination of members entitled to vote at a meeting of the Association is effective for any adjournment of the meeting, provided the date of the adjourned meeting is not more than 45 days after the original meeting.
4.6. VOTING MEMBERS LIST. The board will prepare and make available a fist of the Association's voting members in accordance with Art. 1396-2.11B of the Texas Nonprofit Corporation Act.
4.7. QUORUM. At any meeting of the Association, the presence in person or by proxy of owners of at least 20 percent of the lots in the Property constitutes a quorum. Members present at a meeting at which a quorum is present may continue to transact business until adjournment, notwithstanding the withdrawal, during the course of the meeting, of members constituting a quorum.
4.8. LACK OF QUORUM. If a quorum is not present at any meeting of the Association for which proper notice was given, members representing at least a majority of the votes present at the meeting, although not constituting a quorum, may vote to recess the meeting for not more than 24 hours in order to attain a quorum, provided the place of the meeting remains as stated in the notice. If the meeting is adjourned without BYLAWS OF SUMMIT PARC OWNERS ASSOCIATION _ Page 6 of 16 1 Re EA EE PASTE TE A STAT 2 attainment of a quorum, notice of a new meeting for the same purposes within 15 to 30 days ma an owner of each lot, at which meeting owners of at least 10 percent of the lots in the Prope: quorum for that meeting.
4.9. VOTES. The vote of members representing at least a majority of the votes’ka meeting at which a quorum is present binds all members for all purposes, except when a high entage’is required
meeting.
4.9. VOTES. The vote of members representing at least a majority of the votes’ka meeting at which a quorum is present binds all members for all purposes, except when a high entage’is required 4.9.1. Co-Owned Lots. If a lot is owned by more thag x Ote appurtenant to that lot is cast as follows, If only one of the multiple ownerd e Association, that person may cast the vote allocated to that lot. J is present, the vote allocated to that lot may be cast gnly in acsords with the owners’ unanimous agreement. Multiple owners are in unanimous agree if one of the-fiultiple owners casts the vote allocated to a lot and none of the other owners makes Promtt protest to the person presiding over the meeting.
4.9.2. Corporation-Owned Lots. > lot may be cast by any officer of the corporati¢ of a specific person to exercise its vote. Fre in the absence of a written appointme fon (such as "presiding officer") in favor of whom the proxy is granted, such exercise the proxy; (4) identify the meeting for which the proxy is given; (5) not f avle witout notice; and (6) be delivered to the secretary, to the person presiding over the Associati e ig. which the proxy is designated, or to a person or company designated by the board.
petifies a shorter or longer time, it terminates one year after its date. Perpetual or selfpre permitted, provided they are revocable. To revoke a proxy, the granting member must Otigé of revocation to the person presiding over the Association meeting for which the proxy is designated--tiless revoked, any proxy designated for a meeting which is adjourned, recessed, or rescheduled is valid when the meeting reconvenes. A proxy may be delivered by fax. However, a proxy received by fax may
ess revoked, any proxy designated for a meeting which is adjourned, recessed, or rescheduled is valid when the meeting reconvenes. A proxy may be delivered by fax. However, a proxy received by fax may not be counted to make or break a tie-vote unless (1) the proxy has been acknowledged or sworn to by the member, before and certified by an officer authorized to take acknowledgments and oaths, or (2) the Association also receives the original proxy within 5 days after the vote.
4.11. CONDUCT OF MEETINGS. The president, or any person designated by the board, presides over meetings of the Association. The secretary keeps, or causes to be kept, the minutes of the meeting which should record all resolutions adopted and all transactions occurring at the meeting, as well as a record of any votes taken at the meeting. The person presiding over the meeting may appoint a parliamentarian. The then current edition of Robert's Rules of Order govems the conduct of meetings of the Association when not in conflict with the Documents. Votes should be tallied by tellers appointed by the person presiding over the meeting.
4.12. ORDER OF BUSINESS. Unless the notice of meeting states otherwise, or the assembly adopts a different agenda at the meeting, the order of business at meetings of the Association is as follows: BYLAWS OF SUMMIT PARC OWNERS ASSOCIATION ‘ . Page 7 of 16 Ree tame a i : -- Determine votes present by roll call or check-in procedure = Announcement of quorum nee Proof of notice of meeting - Approval of minutes of preceding meeting - Reports -- Election of directors (when required) = Unfinished or old business - New business ajority of the members 4.13. ADJOURNMENT OF MEETING, At any meeting of the Ass
nutes of preceding meeting - Reports -- Election of directors (when required) = Unfinished or old business - New business ajority of the members 4.13. ADJOURNMENT OF MEETING, At any meeting of the Ass another time and place.
present at that meeting, either in person or by proxy, may adjourn the 4.14. ACTION WITHOUT MEETING. Subject to board@ppxoval, any action which may be taken by a vote of the members at a meeting of the Association may also be taRen Without a meeting by written consents. The board may permit members to vote by ballots ag by kod allowed by applicable law, such as Section 2.138 of the Texas Nonprofit Corporation ¢ hand delivery, mail, fax, email, or any combination of these. Written consents by mem least a majority of votes in the Association, or such higher percentage as may be required by th 8, gonstitutes approval by written consent. This Section may not be used to avoid the requiremar aN agree j Association by means of conferer persons participating in the mi Other. Participation in the meeting constitutes presence in person at the meeting, except} E A participates in the meeting for the express purpose of objecting to the transaction of any busingss € y eg ound that the meeting is not lawfully called or convened.
ARTICLE 5 RULES baardNas the right to establish and amend, from time to time, reasonable rules and administration of the Association and the Documents; (2) the maintenance, , conservation, and beautification of the Property; and (3) the health, comfort, and esidents. The rules rnay not be in conflict with law or the Documents. The board will, 5.2. ADOPTION AND AMENDMENT. Any rule niay be adopted, amended, or terminated by the board,
health, comfort, and esidents. The rules rnay not be in conflict with law or the Documents. The board will, 5.2. ADOPTION AND AMENDMENT. Any rule niay be adopted, amended, or terminated by the board, provided that the rule and the requisite board approval are properly recorded as a resolution in the minutes of the meeting of the board.
5.3. NOTICE AND COMMENT. At least 10 days before the effective date, the board will give written notice to an owner of each lot of any amendment, termination, or adoption of a rule, or will publish same in a newsletter or similar pubiication that is circulated to the members. The board may, but is not be required, to give similar notice to residents who are not members. Any member or resident so notified has the right to comment orally or in writing to the board on the proposed action.
5.4. DISTRIBUTION. On request from any member or resident, the board will provide a current and complete copy of rules. Additionally, the board will, from time to time, distribute copies of the current and complete rules to owners and, if the board so chooses, to non-member residents.
BYLAWS OF SUMMIT PARC OWNERS ASSOCIATION Page 8 of 16 20012 00215 Pana aes ernmmane etna eem ANNE ARTICLE 6 ENFORCEMENT 6.1. REMEDIES. The violation of any provision of the Documents gives the board in addition to any other rights set forth in the Documents: a. Fines. To impose reasonable fines, if notice and an opportunity to fe b. Self-Help. After notice and an opportunity to be heard are’give é to enter the lot or common area in which, or as to whith,[the vioKtian or breach exists and to summarily abate and remove, at the expense of the dey condition (except for additions or alterations of
é to enter the lot or common area in which, or as to whith,[the vioKtian or breach exists and to summarily abate and remove, at the expense of the dey condition (except for additions or alterations of is contrary to the intent and meaning of the pr c Courts. To enjoin, abate, or remed' \ EES" In addition to any other rights set forth in the Documents for violation of a provision of the Décumé board may levy and collect individual assessments for reimbursement of reasonable f il imi Association to enforce the Decume ate that is stated in the notice. This notice requirement does not Be Association in connection with the Association's counterclaim in a ¥ legal fees are incurred by the Association for an action requiring notice and not liable for reimbursement of legal fees incurred (1) before the date by which (Mest a hearing, if the owner does not request a hearing, or (2) before conclusion of le owner does request a hearing.
42.8 Records. By written request, an owner may obtain from the Association copies of any oices for charges, including legal fees, for which the Association seeks reimbursement.
6.2.4. | Foreclosure. In connection with a nonjudicial foreclosure of the Association's assessment lien, applicable law, such as Chapter 209 of the Texas Property Code, may establish a limit for the amount of attorneys fees that the Association may include in its lien.
6.3. ACTIONS REQUIRING NOTICE AND HEARING. Before taking any of the below-described actions, the Association must give written notice and an opportunity for a tearing according to the requirements of this Article and the notice and hearing requirements of applicable law, such as Chapter 209 Texas Property Code.
t give written notice and an opportunity for a tearing according to the requirements of this Article and the notice and hearing requirements of applicable law, such as Chapter 209 Texas Property Code.
The following actions by or with the approval of the board, the Association, or the ACC, require notice and hearing as provided by this Article: a. Suspension of use of a common area.
b. Exercising self-help abatement of a violation.
BYLAWS OF SUMMIT PARC OWNERS ASSOCIATION Page 9 of 16 <iymonetra a iateynnet time nee eal sige or ear vanaoR NR RR TT TE EERE ETT NT TN IN EGS BET ee C Imposition of a fine for violation of any provision of the Documents, other than fine: el or collection fees charged for delinquent accounts.
d. Charging an owner or a lot for property damage.
e, Filing suit against an owner other than a suit related to the collectior t, Foreclosure of the Association's assessment lien.
olation notice is prepared r receives the notice, the sSue, pursuant to this Article Ent of how or where the request Rearing is before a committee or any body Re board by written notice to the board; 6.4. | NOTICE. The required written notice must contain (1) for hearing should be made or delivered; (4) a statement that i?
other than the board, the owner has the right to appeal the décisi (5) a statement that the owner may be liable for ceimbgirg 3 continues or the damage is not paid by a stated : ( ofowing contents applicable to violations or damage claims, as the case may be: 6.4.2. Notice of Violation. In lation of a provision of the Documents, the written notice must also contain the ‘oli gcription of the violation; (2) a reference to the rule or
ims, as the case may be: 6.4.2. Notice of Violation. In lation of a provision of the Documents, the written notice must also contain the ‘oli gcription of the violation; (2) a reference to the rule or provision of the Documents that ic baing vidtdted, if applicable; (3) a description of the action required to cure the violation; (4)Ahe athe é Tine or charge to be levied, the nature of the common area . ~ Notice to Resident. In addition to giving the written violation notice to the owner, the also give a copy of the notice to the non-owner resident, if the board deems it appropriate.
6.4.5, Receipt of Notice. Unless State law provides otherwise, any notice given to an owner pursuant to this Article will be deemed received by the owner (1) on personal delivery to the owner or to a person at the owner's address, or (2) on the third business day after the notice is deposited with the U.S. Postal Service, addressed to the owner at the most recent address shown on the Association's records, whether or not the owner actually receives the notice. If the Association's records show that 3 lot is owned by 2 or more persons, notice to one co-owner is deemed notice to all co-owners.
Similarly, notice to one resident is deemed notice to all residents.
6.5. HEARING.
6.5.1. Request for Hearing. To request a hearing, an owner must submit a written request within 30 days after receiving the Association's written notice. Within 10 days after receiving the owner's request for a hearing, and at least 10 days before the hearing date, the Association will give the owner notice of the date, time, and place of the hearing. If the Association or the owner requests a postponement of the hearing, the hearing will be postponed for up to 10 days. Additional postponements
er notice of the date, time, and place of the hearing. If the Association or the owner requests a postponement of the hearing, the hearing will be postponed for up to 10 days. Additional postponements may be granted by agreement of the parties.
BYLAWS OF SUMMIT PARC OWNERS ASSOCIATION 20030 [2 U0 217 Page 10 of i6 2 IRB SE INI ae Bah LL EEE, SPE OREN a TET TE RRR EER et sania tessttameniwaeeatenmeeesn nt Sail dehiauiswernetunsiorocnayenira nrg eCses: reno 6.5.3. Attendance. The hearing may be held with or without the presencé owner's representative.
6.5.4. Hearing. The hearing may be held in a closed or e Ement or suspension action, if any, authorized. A copy of the written notice and request fe hearing should be placed in the minutes equirement will be deemed satisfied of the hearing. If the owner appears at the hearing,the notice 3 6.6. ACTIONS EXEMPT FROM NOTICE AK ( Roxy EMENTS. Asa general rule, every action other than the above-described actions requiring noti€e & Aidg of this Article. As permitted by applicable law, actions are expressly exempt: a. it to use common areas if the temporary suspension is the result of a violatia a common area and involved a significant and immediate risk of harm to dthé P ision. The temporary suspension is effective until the board makes a final déterny gn the suspension action after following the notice and hearing Article, b. A lawsuit i Pxthe Association seeks a temporary restraining order or temporary injunctive relief.
MievisuiNiled by the Association that includes foreclosure as a cause of action.
SS; ion of delinquent assessments.
the hearing-af which the owner is actually present, the notice requirement will be satisfied. Otherwise, the notice must be in writing.
closure as a cause of action.
SS; ion of delinquent assessments.
the hearing-af which the owner is actually present, the notice requirement will be satisfied. Otherwise, the notice must be in writing.
6.7.1. Amount. The board may set fine amounts on a case by case basis, provided the fine is reasonable in light of the nature, frequency, and effects of the violation. The board may establish a schedule of fines for certain types of violations. The amount and cumulative total of a fine must be reasonable in comparison to the violation. If the board allows fines to accumulate, it may establish a maximum amount for a particular fine, at which point the total fine will be capped.
6.7.2. Type of Fine. If the violation is ongoing or continuous, the fine may be levied on a periodic basis (such as daily, weekly, or monthly). If the violation is not ongoing, but is instead sporadic or periodic, the fine may be jevied on a per occurrence basis.
6.7.3. Other Fine-Related. The Association is not entitled to collect a fine from an owner to whom it has not given notice and an opportunity to be heard. The Association may not charge interest on unpaid fines. The Association may not foreclose its assessment lien on a debt consisting solely of BYLAWS OF SUMMIT PARC OWNERS ASSOCIATION f Page 11 of 16 soe ramets neaeneaattiuawsmcermamnnnr mnie * | i i 2 tects fines. The board may adopt a collection policy that applies owners' payments to unpaid retiring other types of assessments.
6.8. ADDITIONAL ENFORCEMENT RIGHTS. Notwithstanding the notice and hearj board may take immediate and appropriate action, without giving the notices required i in
retiring other types of assessments.
6.8. ADDITIONAL ENFORCEMENT RIGHTS. Notwithstanding the notice and hearj board may take immediate and appropriate action, without giving the notices required i in violations of the Documents which, in the board's opinion, are (1) self-evident, such g or in violation of posted signs; (2) threatening to life or property; or (3) repeat ah i by the same owner to whom prior natices and demands have been givel 1 j as nonpayment of assessments. i 4 i # 7.1. NOTICE OF SALE. Any owner intending to se is lot or any interest therein must give g written notice to the board of his intention, together with S or legal description of the lot being A conveyed, (2) the name and address of the intend@a 3) ie name; address, and phone number of : the title company or attorney designated to close th 4) names and phone numbers of real estate B agents, if any, representing seller and purchaser,-ar edtiled date of closing. An owner will furnish this information to the board at least 10 business 4 scheduled date of closing or conveyance. The requirements of this Section may be sdBsfie e Association a copy of an accepted resale contract i in connection with the owner's req n for a resale certificate.
7.2. Sh p those owners who initially purchase a lot from declarant, any i person, on becoming an ownenpf a St furnish to the board evidence of ownership in the lot, which copy i will remain in the files of the ®6sochati A copy of the recorded deed is the customary evidence. The Association may refuse ognize a member unless this requirement is first met. This { requirement may be satiéfi eipt of a board-approved form that is completed and acknowledged by a i FORMATION. Within 30 days after acquiring an ownership interest in a lot, the owner
first met. This { requirement may be satiéfi eipt of a board-approved form that is completed and acknowledged by a i FORMATION. Within 30 days after acquiring an ownership interest in a lot, the owner must pee ide the ssaciatier with the owner's mailing address, telephone number, and driver's license number, if a a slephone number of any resident other than the owner; and the name, address, and telépho bey of’any person managing the lot as agent of the lot owner. An owner must notify the Assowati i 30 days after he has notice of a change in any information required by this Section, and must providethe ation on request by the Association from time to time.
7.4. | MAILING ADDRESS. The owner ar the several co-owners of a lot must register and maintain one mailing address to be used by the Association for mailing of notices, demands, and all other communications.
If an owner fails to maintain a current mailing address with the Association, the address of the owner's lot is deemed to be his mailing address.
7.5. REGISTRATION OF MORTGAGEES. Within 30 days after granting a lien against his lot, the owner must provide the Association with the name and address of the holder of the lien and the loan number. The owner must notify the Association within 30 days after he has notice of a change in the information required by this Section. Also, the owner will provide the information on request by the Association from time to time.
7.6. ASSESSMENTS. All owners are obligated to pay assessments imposed by the Association to meet the common expenses as defined in the declaration. A member is deemed to be in good standing and entitled to vote at any meeting of the Association if he is current in the assessments made or levied against him and his lot.
defined in the declaration. A member is deemed to be in good standing and entitled to vote at any meeting of the Association if he is current in the assessments made or levied against him and his lot.
BYLAWS OF SUMMIT PARC OWNERS ASSOCIATION 2 Page 12 of 16 MN EOE RT FEE SET OE NE + antig 7.7, COMPLIANCE WITH DOCUMENTS. Each owner will comply with the provisions and fecmsofthe Documents, and any amendments thereto. Further, each owner will always endeavor to observe‘Sn ate the cooperative purposes for which the Property was established.
ARTICLE 8 ASSOCIATION RECORDS 8.1. INSPECTION OF BOOKS AND RECORDS. Books and record available for inspection and copying pursuant to applicable law, such asA Corporation Act.
8.1.1. Proper Purpose. The board may require a mem Bmit a written demand for inspection, stating the purpose for which the member4yilNaspect thbooks are records. The board has the following rights: (1) to determine whether the me purpose for inspection is proper; (2) to deny the request if the board determines that the metmb pose is not proper; (3) if granting the request, to identify which books and reer se releva AD 8.1.2. Copies. Amember, at memb€r'Sexpe for which the board grants the right of inspectis original books and records, to make e reasonable fee for copying. O ay obtain photocopies of books and records Hoard has the right to retain possession of the 2d by the member, and to charge the member a 8.1.3. 'S inspection of the books and records may be assisted or $ "EN tant, or attorney.
Or Os and Accountants. The files and records of an attorney or 3 for the Association are not records of the Association, are not subject 3 & 7 ww ak g ua ng c 3 a s Se = i = >
$ "EN tant, or attorney.
Or Os and Accountants. The files and records of an attorney or 3 for the Association are not records of the Association, are not subject 3 & 7 ww ak g ua ng c 3 a s Se = i = > een nme RUA Ea IB So i cettbaremmmnrota S. Any officer may prepare, or cause to be prepared, assessment estoppel sgtes pursuant to applicable law, such as Chapter 207 of the Texas Property Code, agdinst the lot for which the certificate is furnished. The Association may delegate the d resale certificate to its managing agent, if any.
Property Code, the Association will maintain a current management certificate in the county's public records.
When the Association has notice of a change in any information in the recorded certificate, the Association will prepare a restated or amended certificate and deliver it to the county clerk for filing. Absent gross negligence, the Association is not liable for a delay or failure to record a certificate. The Association may delegate the responsibility for a management certificate to its managing agent, if any.
ARTICLE 9 NOTICES 9.1. CO-OWNERS. If a lot is owned by more than one person, notice to one co-owner is deemed notice to all co-owners.
9.2. DELIVERY OF NOTICES. Any written notice required or permitted by these bylaws may be given personally, by mail, by fax, or by any other method permitted by applicable law, such as the Texas Nonprofit Corporation Act. If mailed, the notice is deemed delivered when deposited in the U.S. mail addressed to the BYLAWS OF SUMMIT PARC OWNERS ASSOCIATION , Page 13 of 16 02012 00220
he notice is deemed delivered when deposited in the U.S. mail addressed to the BYLAWS OF SUMMIT PARC OWNERS ASSOCIATION , Page 13 of 16 02012 00220 TE ET SOE EET TEM, FI TO I Be ARES PTT EN gt EONS MDE PTE BS TUTE TE or SET MERET OF Termes EE ee a, MELT IRR ARR Ne AVEORONS ER he FEM MORALE eT pS ee ere member at the address shown on the Association's records. If transmitted by fax, the notices ed delivered on successful transmission of the facsimile.
9,3. WAIVER OF NOTICE. Whenever a notice is required to be given to an 9?
of the Association or board, respectively, constitutes a waiver of notice by the me place, and purpose of the meeting. If all members or directors are prese 2 or board, respectively, no notice is required and any business may be } ARTICLE 10 10.1. AUTHORITY. These bylaws may not be amended These bylaws may be amended by the members accordin board without approval by the members.
of this Article.
10.2. PROPOSALS. The Association will Kryide each lot with a description, if not exact wording, of any proposed amendment. The descripf ill uded in the notice of any annual or special BeRdME to be considered.
meeting of the Association at which the proposgera ion, an amendment of these bylaws must be approved ts present (in person or by proxy) at a properly called meeting of the Association for y is ODtained. In other words, if a quorum is present (in person or by proxy) at a meeting, the § ity of the lots represented at the meeting (in person or by proxy) -- even if less than a mappritfef the total lots -- may approve an amendment to these bylaws. However, 10.3. CONSENTS. Subject tower llow by members representing at least a raj quire notice to or approval by Eligible Mortgagees, pursuant to the Mortgagee
y approve an amendment to these bylaws. However, 10.3. CONSENTS. Subject tower llow by members representing at least a raj quire notice to or approval by Eligible Mortgagees, pursuant to the Mortgagee aration. If applicable, the Association must give the required notices to and obtain E. To be effective, an amendment must be in the form of a written instrument (1) e of the Property, the name of the Association, and tne recording data of these bylaws and requisite 2 approval of members and, if required, Eligible Mortgagees; re (3) recorded in the real property records of every county in which the Property is located. The Association will deliver a copy of each amendment to an owner of each lot at least 10 days before the amendment's effective date. An amendment may be effective immediately if adopted at a meeting at which owners of two-thirds of the lots are represented.
10.6. OECLARANT PROTECTION. During the Development Period, no amendment of these bylaws may affect the declarant's rights herein without the declarant's written and acknowledged consent. Specifically, this Section and the sections titled "Declarant Control" and "Drafter's Intent" may not be amended without prior written approval of the declarant. The decilarant’s written consent must be part of the amendment instrument.
ARTICLE 11 GENERAL PROVISIONS 11.1. DRAFTER'S INTENT. Because the declarant intends these bylaws to serve the Association for many years beyond the initial development, construction, and marketing of the Property, the declarant purposefully did not draft these bylaws from its own perspective. Instead, as a courtesy to future users of these BYLAWS OF SUMMIT PARC OWNERS ASSOCIATION Page 14 of 16 nes t { | i ' om pee
ive. Instead, as a courtesy to future users of these BYLAWS OF SUMMIT PARC OWNERS ASSOCIATION Page 14 of 16 nes t { | i ' om pee bylaws, the declarant compiled most of the declarant-retated provisions in Appendix C of the dec, Although the declarant is initially an owner and a member of the Association, the declaran i exempt from a number of obligations that apply to other owners, and has a number of rights do not have. These bylaws are to be construed liberally to give effect to the drafter's inte preferential treatment of the declarant.
profit from the operation of the Association, a no funds or assets of theA or as compensation to, or be distributed to, or inure to the benefit of a Nevertheless, a. Reasonable compensation may be paid to a dise rendered to the Association in other capacities.
b. A director, officer, member, or resident may, reasonable expenses incurred on bebalf of of the affairs of the Association, provide in connection with the administration as been approved by the board.
11.4. SEVERABILITY. Whenever possible, each provision of these bylaws will be interpreted in a manner as to be effective and valid. Invalidation of any provision of these bylaws, by judgment or court order, does not affect any other provision which remains in full force and effect.
11.5. CONSTRUCTION. The effect of a general statement is not limited by the enumerations of specific matters similar to the general. The captions of articles and sections are inserted only for convenience and are in no way to be construed as defining or modifying the text to which they refer. The singular is construed to mean the plural, when applicable, and the use of masculine or neuter pronouns includes the feminine.
to be construed as defining or modifying the text to which they refer. The singular is construed to mean the plural, when applicable, and the use of masculine or neuter pronouns includes the feminine.
11.6. FISCAL YEAR. The fiscal year of the Association will be set by resolution of the board, and is subject to change from time to time as the board determines, In the absence of a resolution by the board, the fiscat year is the calendar year.
11.7. WAIVER. No restriction, condition, obligatio;i, or covenant contained in these bylaws may be deemed to have been abrogated or waived by reason of failure to enforce the same, irrespective of the number of violations or breaches thereof which may occur.
on neem RR Eee Re 11.8. PREPARER. These bylaws were prepared in the law offices of Sharon Reuler of Settle 4131 N. Central Expressway, Suite 1000, Dallas, Texas 75204.
CERTIFICATION & ACKNOWLEDGMENT As the Declarant of Summit Parc and the initial and sole member of the Summit?
» I certify that the foregoing Bylaws of Summit Parc Owners Association were adoptes of Summit Parc Owners Association for the benefit of the Association.
SIGNED this_/ 7 day of January 2003.
CON AL HO F TEXAS, L.P., a Texas lirnited pa ip By: of Jexas, Inc., a Delaware corporation, KX neral partner THE STATE OF TEXAS COUNTY OF TARRANT efore me on the L/ day of January 2003 by John L. Moore, inc., a Delaware corporation, on behalf of the corporation in its capacity as Homes of Texas, L.P., a Texas limited partnership, on behalf of the limited 4 Lisle 4K Lp pee Notary Public, The State of Texas wo BYLAWS OF SUMMIT PARC OWNERS ASSOCIATION r -y 1) 2 Page 16 of 16
y as Homes of Texas, L.P., a Texas limited partnership, on behalf of the limited 4 Lisle 4K Lp pee Notary Public, The State of Texas wo BYLAWS OF SUMMIT PARC OWNERS ASSOCIATION r -y 1) 2 Page 16 of 16 EE AAS ART PR ET EE IEE sare 4 j j FILED 2010 2003 JAN 17 PM 3:49 COUNTY CLERK DALLAS COUNTY Any prevdelen harain which restricts the sele, rental, or use of the oseforcastle under federal law.
described real property because of color or race is invalid and STATE OF TEXAS COUNTY OF DALLAS thereby certify this instrument was filed on the date and time stainpal herion by me and was duly recorded in the volume and herees by mas page of the named records of Dallas County, Terus as stamped COUNTY of fille.
TATE OF TEX JAN 17 2003 Cynthia Calhoun COUNTY CLERK, Dallas County, Texas AFTER RECORDING, PLEASE RETURN TO: Ms. Sharon Reuler Settle & Pou, P.C.
4131 N. Central Expwy., Suite 1000 Dallas, Texas 75204 Adonisioun