a LT1-77-200822 -1 FIRST AMENDMENT TO BYLAWS OF THE MONTICELLO RANCH HOMEOWNERS ASSOCIATION, INC.
PERTAINING TO QUORUMS FOR ASSOCIATION MEETINGS STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BEXAR § WHEREAS, THE MONTICELLO RANCH HOMEOWNERS ASSOCIATION, INC. is a Texas non-profit corporation organized under the laws of the State of Texas and Bylaws adopted by the Board of Directors; and, WHEREAS, the Bylaws of THE MONTICELLO RANCH HOMEOWNERS ASSOCIATION, INC. provide, in Article II, Section 2.8, that the presence, in person or by proxy, of twenty percent (20%) or greater of the total votes in the Association shall constitute a quorum for all meetings of the Association, except as may be otherwise provided by the Articles of Incorporation, the Declaration, or Bylaws; and, WHEREAS, the history of THE MONTICELLO RANCH HOMEOWNERS ASSOCIATION, INC. has demonstrated that the quorum requirement as contained in the Bylaws is unrealistic, frequently not met and difficult to accomplish, and is therefore counter-productive to the ability of the members of THE MONTICELLO RANCH HOMEOWNERS ASSOCIATION, INC. to conduct business; and, WHEREAS, the Board of Directors of THE MONTICELLO RANCH HOMEOWNERS ASSOCIATION, INC. has determined that it would be in the best interest of the Association’s business and more helpful to an orderly administration of the affairs of the Association to lower the quorum requirement for membership items for a vote; and, WHEREAS, a decrease in the quorum requirement will be enable those members and proxies who attend membership meetings (as many as wish to attend) to direct the course of THE MONTICELLO RANCH HOMEOWNERS ASSOCIATION, INC., and participate in elections
l be enable those members and proxies who attend membership meetings (as many as wish to attend) to direct the course of THE MONTICELLO RANCH HOMEOWNERS ASSOCIATION, INC., and participate in elections to fill seats on the Board of Directors, and at the same time prevent member non-attendance or apathy from rendering THE MONTICELLO RANCH HOMEOWNERS ASSOCIATION, INC.
unable to carry out its business; and, WHEREAS, the Board of Directors of THE MONTICELLO RANCH HOMEOWNERS ASSOCIATION, INC., has the legal authority to amend the Bylaws of THE MONTICELLO RANCH HOMEOWNERS ASSOCIATION, INC. pursuant to the Texas Non-Profit Corporation Act, Article 1396-2.09(B), Texas Civil Statutes; NOW, THEREFORE, by their signatures below, the President and Secretary of THE MONTICELLO RANCH HOMEOWNERS ASSOCIATION, INC. certify that the Board of Directors of THE MONTICELLO RANCH HOMEOWNERS ASSOCIATION, INC. has voted HEN LT2~13433-1114-3 in favor of amending Article II, Section 2.8 of the Bylaws of THE MONTICELLO RANCH HOMEOWNERS ASSOCIATION, INC., and that the following provision has been adopted to replace Article II, Section 2.8, in the original Bylaws: Section 2.8 Quorum: Except as otherwise provided in these Bylaws or in the Declaration, the presence, in person or by proxy, of members representing ten percent (10%) or greater of the total votes of the Association shall constitute a quorum at all meetings of the Association. If however, such quorum shall not be present or represented at any meeting, the Members present at the meeting that are entitled to vote shall have the power to adjourn the meeting from time to time, without notice other than an announcement at the meeting, until a quorum as stated above is present or represented.
the meeting from time to time, without notice other than an announcement at the meeting, until a quorum as stated above is present or represented.
By their signatures below the President and Secretary of THE MONTICELLO RANCH HOMEOWNERS ASSOCIATION, INC. certify the foregoing First Amendment of the Bylaws of THE MONTICELLO RANCH HOMEOWNERS ASSOCIATION, INC. was validly adopted at a meeting of the Board of Directors at which a quorum was established, or by unanimous written consent in lieu of a meeting.
THE MONTICELLO RANCH HOMEOWNERS ASSOCIATION, INC.
< By: Barbarann Kanute, President Roar Octo STATE OF TEXAS § § COUNTY OF BEXAR § ACKNOWLEDGED before me on date set forth above, by Barbarann Kanute, President of THE MONTICELLO RANCH HOMEOWNERS ASSOCIATION, INC. and e YorckiWo , secretary of THE MONTICELLO RANCH HOMEOWNERS ASSOCIATION, INC.
tary Public, State of Texas URte,, eBiity, JEANETTE B. LOWRY ¢ Notery Fublic, State of Texas = My Commission Expin Ge pire oe aa aS October 28, 2071 AFTER RECORDING RETURN TO: Tom L. Newton, Jr.
Allen, Stein & Durbin, P.C.
P.O. Box 101507 San Antonio, Texas 78201 5503 001/ Ooc# 280800709 17 Fee 5 Records of BE “county #4 rene Clal Pup; GERARD RICKHOFF COUNTY "CLERK ° Any provision herein Which restricts the sar party because of #, OF U86 Of the BTA FaC0 Ia invatig and descrbed Taj HATE OF TEXAS, COUNTY of BEKAg tele under Feder in th i cet and a ete saint FLED nr R ‘ tem eae it On: APR 07 2008 OUNTY CLERK BEXAR COUNTY, TEXAS