eT ee STATE OF TEXAS § AMENDED AND RESTATED BYLAWS OF THE TERRACES CONDOMINIUMS HOMEOWNERS ASSOCIATION, INC.
Document reference. Reference is hereby made to that certain Declaration and Master Deed, The Terraces, A Condominium Project, filed at Vol. 09034, Pg. 0634, in the Real Property Records of Travis County, Texas (together with all amendments and supplements filed of record, the “Declaration”).
Reference is further made to those certain Bylaws of The Terraces Condominiums Homeowners ssociation, Inc., attached as Exhibit D to the Declaration (the “Original Bylaws”).
A WHEREAS the Declaration provides that owners of condominium units subject to the Declaration are automatically made members of the The Terraces Condominiums Homeowners Association, Inc. (the “Association”); WHEREAS the Association was initially governed in accordance with the Original Bylaws; WHEREAS the Original Bylaws were amended on or about June 19, 2002 and further amended on or about March 10, 2010, both by requisite vote of the Association’s members; and WHEREAS the Association desires to put the public on notice of such changes and to record a complete amended and restated version of the Bylaws including such changes; THEREFORE the Amended and Restated Bylaws attached hereto as Exhibit “A” have been approved and adopted, and same replace and supersede the Original Bylaws and all related amendments, including the prior, unrecorded amendments referenced above.
THE TERRACES CONDOMINIUMS HOMEOWNERS ASSOCIATION, INC.
—— ‘ ’ William M. Heyer Title: Attorney-in-fact Exhibit “A”: | Amended and Restated Bylaws Acknowledgement STATE OF TEXAS § COUNTY OF TRAVIS § oy Wie. was vie ed before me on the 1 day of (VA A , 20 4h Wl U Utam tN ‘in the capacity stated above.
ct Exhibit “A”: | Amended and Restated Bylaws Acknowledgement STATE OF TEXAS § COUNTY OF TRAVIS § oy Wie. was vie ed before me on the 1 day of (VA A , 20 4h Wl U Utam tN ‘in the capacity stated above.
Notary-Public, Staté of Texa!
JENNIFER L. RUIZ ; Notary Public, State of Texas My Commission Expires ae SEPTEMBER 7, 2014 Page 1 Exhibit "A" AMENDED AND RESTATED BYLAWS OF THE TERRACES CONDOMINIUMS HOMEOWNERS ASSOCIATION, INC A NON-PROFIT CORPORATION The name of this non-profit corporation shall be The Terraces Condominiums Homeowners Association Inc. (the “Association’).
ARTICLE | PURPOSE AND PARTIES 1. The purpose for which the Association is formed is to govern the condominium regime known as The Terraces, a Condominium Project, situated in the County of Travis, State of Texas, which property is described in that certain Declaration and Master Deed for The Terraces, a Condominium Project (“Declaration”), and which property shall be submitted to the regime created by the Texas Condominium Act by the recording of the Declaration and the Exhibits thereto, including a true and correct copy of these Bylaws. All definitions and terms contained in said Declaration shall apply hereto and are incorporated herein by reference.
2. All present or future Owners, tenants, future tenants of any Unit, or any other person who might use in any manner the facilities of the Project are subject to the provisions and any regulations set forth in these Bylaws. The mere acquisition, lease or rental of any Unit or the mere act of occupancy of a Unit will signify that these Bylaws are accepted, approved, ratified, and will be complied with.
ARTICLE II MEMBERSHIP, VOTING, MAJORITY OF OWNERS, QUORUM, PROXIES 1. Membership. Except as is otherwise provided in these Bylaws, ownership of a
cepted, approved, ratified, and will be complied with.
ARTICLE II MEMBERSHIP, VOTING, MAJORITY OF OWNERS, QUORUM, PROXIES 1. Membership. Except as is otherwise provided in these Bylaws, ownership of a Unit (including ownership under Contract for Deed) is required in order to qualify for membership in this Association. Any person on becoming an Owner of a Unit shail automatically become a Member of this Association and be subject to these Bylaws. Such membership shall terminate without any formal Association action whenever such person ceases to own a Unit, 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. The Owner or Owners of each Unit shall be entitled to one vote, the value of which shall equal the Common Interest assigned to said Owner’s or Owners’ Unit, as set forth in Exhibit “C” of the Declaration.
3. Majority of Owners. As used in these Bylaws, the term “Majority of Owners” shall mean owners, acting individually or through a proxy holder, who control more than 50 percent of the votes cast on a particular issue once a quorum of votes has been established for such vote.
Page 2 4. Quorum. Except as otherwise provided in the Declaration or these Bylaws, the presence in person or by proxy of fifty-one percent (51%) of the Common Interest of the
stablished for such vote.
Page 2 4. Quorum. Except as otherwise provided in the Declaration or these Bylaws, the presence in person or by proxy of fifty-one percent (51%) of the Common Interest of the Owners shall constitute a quorum. 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 five (5) days to four (4) weeks shall be sent by mail or hand delivered to each Unit 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.
ARTICLE III ADMINISTRATION 1. Association Responsibilities. The Owners will constitute the Association, which will have the responsibility of administering the Project through a Board of Directors. In the event of any dispute or disagreement between any Owners relating to the Project, or any questions of interpretation or application of the provisions of the Project Documents, each dispute or disagreement shall be submitted to the Board. The determination of such dispute or disagreement by the Board shall be binding on each and all such Owners, subject to the right of Owners to seek other remedies provided by law after such determination by the Board.
2. Place of Meeting. Meetings of the Association shall be held at such suitable
uch Owners, subject to the right of Owners to seek other remedies provided by law after such determination by the Board.
2. Place of Meeting. Meetings of the Association shall be held at such suitable place convenient to the Owners, as the Board of Directors may determine.
3. Annual Meetings. The first meeting of the Association shall be held upon the occurrence of the earlier of the following events: (a) One hundred twenty (120) days after seventy-five percent (75%) of the Units in the Project have been conveyed to Unit Owners; or (b) Three (3) years following conveyance of the first Unit in the Project.
Thereafter, the annual meetings of the Association shall be held on or before forty-five (45) days after the expiration of the prior fiscal year. 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 Bylaws. 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 at least twenty-five percent (25%) 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. No business except as stated in the notice shall be transacted at a special meeting. Any such meetings shall be held after the first annual meeting and shall be held within twenty (20) days after receipt by the President of such resolution or petition. The Board of Directors may not amend or repeal this bylaw.
Page 3
fter the first annual meeting and shall be held within twenty (20) days after receipt by the President of such resolution or petition. The Board of Directors may not amend or repeal this bylaw.
Page 3 5. Notice of Meetings. It shall be the duty of the Secretary or Assistant Secretary of the Association to mail 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 and to each Eligible Mortgagee (who may designate a representative to attend such meetings), at least (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. Order of Business. The order of business at all meetings of the Owners of the Project 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) Reports of committees; (f) Election of directors (g) Unfinished business; (h) New business; and (i) 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. At such first meeting, there shall be elected to the Board of Directors any five (5) persons who are either Members of the Association, or the designated, authorized representative of a Member if such Member is a firm, partnership, corporation, association or other legal entity who shall thereafter govern the affairs of this Association until their successors have been duly elected and qualified.
h Member is a firm, partnership, corporation, association or other legal entity 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 residential condominium project in keeping with the character and quality of the neighborhood in which it is located. The Board of Directors may do all such acts and things except as by law or by these Bylaws or by the 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: Page 4 (a) To administer and enforce the covenants, conditions, restrictions, easements, uses, limitations, obligations and all other provisions set forth in the Declaration, the bylaws of the Association and supplements and amendments thereto.
(b) To establish, make and enforce compliance with such reasonable rules and regulations as may be necessary for the operation, use and occupancy of the 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) To acquire, construct, manage, maintain and 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.
d 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.
(d) To insure and keep insured all of the insurable General Common Elements of the Project in an amount equal to their maximum replacement value as provided in the Declaration. Maximum replacement value shall be determined annually by one or more written appraisals. Further, to obtain and maintain comprehensive public liability insurance as provided in the Declaration. To insure and keep insured all of the fixtures, equipment and personal property acquired by the Association for the benefit of the Association and the Owners of the Units and their Mortgagees. The limits and coverage shall be reviewed at intervals of not less than one (1) year and adjusted, if necessary, to provide such coverage and protection as the Association may deem prudent. So long as the Federal Home Loan Mortgage Corporation (FHLMC) and/or the Federal National Mortgage Association (FNMA) is a Mortgagee of a Unit in the Project, or owns a unit therein, the Association shall maintain in effect at least such casualty, flood and liability insurance and a fidelity bond, meeting standards established by FHLMC and FNMA for condominiums as published in the FHLMC “Servicers Guide” and the FNMA Conventional Home Mortgage Selling Contract Supplement or otherwise, except to the extent such requirements shall have been waived in writing by FHLMC and/or FNMA. Worker's compensation insurance shall at all times be carried to the extent required to comply with any applicable law with respect to the employees, if any, of the Association.
by FHLMC and/or FNMA. Worker's compensation insurance shall at all times be carried to the extent required to comply with any applicable law with respect to the employees, if any, of the Association.
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.
(e) To prepare a Common Expense budget for the Project, at least annually; to determine the amount of common charges payable by the Owners to meet the Common Expenses and to allocate and assess such amounts among the Owners according to the Declaration and these Bylaws; by a majority vote of the Board to decrease or increase the amount of the monthly Assessments; to levy and collect special Assessments whenever, in the opinion of the Board, it is necessary to do so in order to meet increased operation and maintenance expenses or costs, or additional capital expenses, or because of emergencies.
(f) To collect delinquent assessments by suit or otherwise and to enjoin and seek damages from an Owner who may be in default as is provided in the Declaration and these Bylaws. To provide for and enforce a per diem late charge and to collect interest.
(g) To protect and defend the entire Project from loss and damage by suit or otherwise.
Page 5 (h) To borrow funds in order to pay for any expenditure or outlay required pursuant to authority granted by the provisions of the Declaration and these Bylaws, and to execute all such instruments evidencing such indebtedness as the Board of Directors may
e or outlay required pursuant to authority granted by the provisions of the Declaration and these Bylaws, and to execute all such instruments evidencing such indebtedness as the Board of Directors may deem necessary; provided, however, except for indebtedness incurred for the reconstruction or repair of project as set forth in Article 1X.8.(e) of the Declaration, the Board of Directors may not incur any indebtedness (other than trade payables incurred in the ordinary course of business) or approve or execute any instrument evidencing any indebtedness without the approval of Owners controlling at least seventy-five percent (75%) of the votes cast on the issue, whether in person or by proxy, once a quorum of votes has been established. Such indebtedness shall be the several obligation of all of the Owners in the same proportion as their Common Interests.
The Board of Directors may not amend or repeal this bylaw.
(i) To enter into contracts within the scope of their duties and powers.
(j) 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.
(k) To make repairs, additions, alterations, and improvements to the Common Elements consistent with managing the Project in a manner in keeping with the character and quality of the neighborhood in which it is located, the best interest of the Owners and the Declaration and these Bylaws.
(I) To keep and maintain full and accurate books and records showing all of the receipts, expenses or disbursements and to permit examination thereof 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.
isbursements and to permit examination thereof 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 of disbursements since the last such statement.
(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 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.
(0) To designate the personnel necessary for the maintenance and operation of the General and Limited Common Elements.
(p) In general, to carryon 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 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 Bylaws as determined by the Board, except for the powers of attorney-in-fact set forth in the Declaration.
Page 6 (r) To prepare and file annual tax returns with the federal government and to make such elections as may be necessary to reduce or eliminate the tax liability of the Association. Without limiting the generality of the foregoing, the Board may, on behalf of the
government and to make such elections as may be necessary to reduce or eliminate the tax liability of the Association. Without limiting the generality of the foregoing, the Board may, on behalf of the Association, elect to be taxed under Section SZ8 of the Internal Revenue Code or any successor statute conferring income tax benefits on homeowners’ associations. In connection therewith, the Board shall take such steps as are necessary to assure that the income and expenses of the Association for any taxable year shall meet the limitations and restrictions provided in said Section SZ8 of the Internal Revenue Code or any successor statute conferring benefits on homeowners’ associations as are in effect from time to time. Initially the Board shall comply with the following limitations and restrictions: (i) At least sixty percent (60%) of the gross income of the Association for any taxable year shall consist solely of amounts received as membership dues, fees, or assessments from Unit Owners; (ii) At least ninety percent (90%) of the expenditures of the Association for any taxable year shall be for the acquisition, construction, management, maintenance and care of Association property; (iii) No part of the net earnings of the Association shall inure (other than by acquiring, construction or providing management, maintenance, and care of Association property and other than by a rebate of excess membership dues, fees or assessments) to the benefit of any private Member or individual. In addition, the Board shall take such steps as are necessary to insure that substantially all of the Units will be used as residences.
4. No Waiver of Rights. The omission or failure of the Association or any Owner to
oard shall take such steps as are necessary to insure that substantially all of the Units will be used as residences.
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, the Bylaws or the rules and regulations adopted pursuant thereto shall not constitute or be deemed a waiver, modification or release thereof and the 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 three (3) Directors shall be fixed at two (2) years; and the term of office of two (2) 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.
6. Vacancies. Vacancies in the Board of Directors caused by death, resignation or disqualification, or 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 meeting or special meeting duly called, any one or more of the Directors may be removed with or without cause by a vote to remove by a majority of the Owners, and successor may then and there be elected by a majority of the
ing duly called, any one or more of the Directors may be removed with or without cause by a vote to remove by a majority of the Owners, and successor may then and there be elected by a majority of the Owners present or represented at such a meeting to fill the vacancy thus created. Any Director whose removal has been proposed by the Owners shall be given the opportunity to be heard at the meeting. The Board of Directors may not amend or repeal this bylaw.
Page 7 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 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 year. 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
l, 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 after 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.
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 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 fidelity bonds in accordance with the Declaration. The premiums on such bonds shail be a Common Expense.
14. Compensation. No member of the Board of Directors shall receive any
ion funds shall furnish fidelity bonds in accordance with the Declaration. The premiums on such bonds shail be a Common Expense.
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 Project for and in behalf of all of the Owners as set forth in the Declaration shall be supplemented by the following provisions: Page 8 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) 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.
(b) Under one consolidated reserve account, reserve for deferred maintenance, which shall include funds for maintenance items which occur less frequently than annually, and reserve for replacement (sinking fund), which shall include funds for repair or replacement required because of damage, wear or obsolescence.
The amounts of each account set forth in (a) and (b) shall not exceed 105% of the budget for each respective account for the prior year (not including any amounts to be raised by special assessment that may have been included in the budget for such account for the prior year) without the approval of a Majority of Owners. Such approval shall be given in person or by proxy at the annual meeting or at a special meeting called for such purpose as provided in Article Ill hereof. The Board of Directors may not amend or repeal this bylaw.
shall be given in person or by proxy at the annual meeting or at a special meeting called for such purpose as provided in Article Ill hereof. The Board of Directors may not amend or repeal this bylaw.
2. Fiscal Year: Periodic Reporting. The fiscal year for the Association shall be the calendar year. No later than 30 days after the end of each calendar quarter, there shall be delivered to each Owner by U.S. mail or personal delivery to such Owner’s address or by posting to a bulletin board, or other area used by the Board and the Owners for dissemination of notices and information to the Owners and residents of The Terraces, the financial results of the operations for The Terraces Homeowners Association, Inc. (the “HOA”) for the previous quarter including but not limited to the actual expenses incurred by the HOA for the previous quarter, the balances in each of the required expense and reserve accounts set forth in Article V.1. of the Bylaws and the actual performance of the HOA versus the budgeted performance of the HOA for the same period. The Board of Directors may not amend or repeal this bylaw.
3. Limits on Increases in the Common Expense Budget. The Common Expense budget as prepared and approved by the Board of Directors as provided for in Article IV.3(e) above shall not exceed 105% of the Common Expense budget prepared and approved by the Board of Directors for the prior year without the approval of a Majority of Owners. Such approval shall be given in person or by proxy at the annual meeting or at a special meeting called for such purpose as provided in Article III hereof. The Board of Directors may not amend or repeal this bylaw.
ARTICLE VI OFFICERS 1. Designation. The officers of the Association shall be a President, a Vice
h purpose as provided in Article III hereof. The Board of Directors may not amend or repeal this bylaw.
ARTICLE VI OFFICERS 1. Designation. The officers of the Association shall be a President, a Vice President, a 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 need not be members of the Board of Directors, but each shall be either an Owner of a Unit or, if the Unit is a firm, partnership, corporation, association or other legal entity, the authorized representative of such entity, or the Declarant or his representative(s). The office of President and Treasurer may be held by the same person, and the office of Vice President and Secretary may be held by the same person.
Page 9 2. Election of Officers. The officers of the Association shail 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. Resignation and 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. Any officer may resign at any time by giving written notice to the Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
4. Vacancies. A vacancy in any office because of the death, resignation, removal,
nd unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
4. Vacancies. A vacancy in any office because of the death, resignation, removal, disqualification or otherwise of the officer previously filling such office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces.
5. President. The President shall be the chief executive officer of the Association.
He, or she, shall preside at all meetings of the Association and of the Board of Directors. He, or she, 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, or she, may in his, or her, 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.
6. 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, or her, inability for any reason to exercise such powers and functions and perform such duties, and also perform any duties he, or she, is directed to perform by the President.
7. 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, or she, shall have charge of such books and papers as the Board of Directors may direct; and he, or she, shall, in general,
e Board of Directors and the minutes of all meetings of the Association; he, or she, shall have charge of such books and papers as the Board of Directors may direct; and he, or she, 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 percentage interest in the Common Elements of such Member and a description of the Limited Common Elements assigned for exclusive use in connection with such Unit. 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.
8. Assistant Secretary. The Assistant Secretary, if any, shall have all the powers and authority to perform all the functions and duties of the Secretary in the absence of the Secretary or in the event of the Secretary’s inability for any reason to exercise such powers and functions or to perform such duties, and also to perform any duties he, or she, is directed to perform by the Secretary.
Page 10 9. 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, or she, 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 depositories as
n books belonging to the Association. He, or she, 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 depositories 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 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 1. Indemnification. The Association shall have the power to indemnify any Officer or Director thereof and the Declarant, 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 a Director or Officer of the Association, against all loss, 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
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, 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, or that such person is guilty of gross negligence or willful misconduct in the performance of his duties to 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 to such action, suit or proceeding, or (2) if such a quorum is obtainable by (a) independent legal counsel in a written legal opinion, or (b) the Members of the Association and no Member shall be disqualified from voting because he is or was a 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 any undertaking by or on behalf of the person claiming such indemnification to
ed may be paid, in part, before the termination of such action, suit or proceeding upon the receipt by the Association of any 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 a Director or Officer 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.
Page 11 Indemnification provided herein shall be exclusive of any and all other rights and claims to which those indemnified may be entitled as against the Association, and every Director, Officer or employee thereof under any Bylaw, 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 person entitled hereto under the provision of this Article.
The Association may 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
e 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 Unit who is or has been a Director or Officer of the Association with respect to any duties or obligation assumed or liability incurred by him under and by virtue of the Declaration and these Bylaws 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. The Board of Directors, Officers or the Managing Agent shall enter contracts or other commitments as agents for the Association, and they shall have no personal liability for any such contract or commitment (except such liability as may be ascribed to them in their capacity as Owners), provided, however, that such exclusion of personal liability shall apply to the Managing Agent only so long as it is acting within its scope of authority, and the liability of any Owner on such contract or commitment shall be limited to such proportionate share of the total liability thereof that the Common Interest of each Owner bears to the aggregate Common Interest of all of the Owners as set forth in Exhibit “C” of the Declaration.
ARTICLE VIII AMENDMENTS TO BYLAWS Except for “material” amendments as set forth in Article IX, Section 6 of the Declaration,
terest of all of the Owners as set forth in Exhibit “C” of the Declaration.
ARTICLE VIII AMENDMENTS TO BYLAWS Except for “material” amendments as set forth in Article IX, Section 6 of the Declaration, these Bylaws may be amended in writing by the Majority of Owners; provided, however, that such authority may be delegated by the Majority of Owners to the Board as allowed by the Texas Non-Profit Corporation Act. Those amendments deemed “material” may only be accomplished by a vote of Owners and Eligible Mortgage Holders as specified in the Declaration. The Board of Directors may not amend or repeal this bylaw.
ARTICLE IX EVIDENCE OF OWNERSHIP, REGISTRATION OF MAILING ADDRESS AND DESIGNATION OF VOTING REPRESENTATIVE 1. Proof of Ownership. Except for those Owners who purchase a Unit from Declarant, any person, on becoming an Owner of a Unit, 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 Unit which copy shall remain in the files of the Association. A Member shall not be deemed to be in good standing nor shall Page 12 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 Unit shall have one and the same registered mailing address to be used by the Association for mailing of monthly statements, notices, demands and all other communications, and such registered address shall be the only mailing address of a person or persons to be used by the Association. Such registered address of an Owner or Owners shall be deemed to be the mailing
ons, and such registered address shall be the only mailing address of a person or persons to be used by the Association. Such registered address of an Owner or Owners shall be deemed to be the mailing address of the Unit owned by said Owner or Owners unless a different registered address is 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 Unit or such persons as are authorized by law to represent the interest of (all of) the Owner(s) thereof.
3. Designation of Voting Representative — Proxy. If a Unit is owned by one individual, his right to vote shall be established by the record title thereto. If title to a Unit is held by more than one individual or by firm, corporation, partnership, association, or other legal entity, or any combination thereof, such Owners shall execute a proxy appointing and authorizing one individual or alternate individuals 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 or 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 or termination, the Owners shall reappoint and authorize one individual or alternate individuals to attend all annual and special meetings as provided by this Paragraph 3.
r such revocation, amendment or termination, the Owners shall reappoint and authorize one individual or alternate individuals to attend all annual and special meetings as provided by this Paragraph 3.
The requirements herein contained in this Article IX shall be first met before an Owner of a Unit shall be deemed in good standing and entitled to vote at an annual or special meeting.
ARTICLE X OBLIGATIONS OF THE OWNERS 1. 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.
The 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 to provide for the payment of all estimated expenses growing out of or connected with the maintenance, repair, operation, additions, alterations and improvements of and to the Common Elements, which sum may include, but shall not be limited to: Expenses of management; taxes and special assessments until separately assessed; premiums for fire insurance with extended coverage and vandalism and malicious mischief with endorsements attached issued in the amount of the maximum Page 13 replacement value of all of the Units (including all fixtures, interior walls and partitions,
nd vandalism and malicious mischief with endorsements attached issued in the amount of the maximum Page 13 replacement value of all of the Units (including all fixtures, interior walls and partitions, decorated and finished surfaces of perimeter walls, floors and ceilings, doors, windows and other elements or materials comprising a part of the Units); casualty and public liability and other insurance premiums; care of grounds; common lighting; repairs and renovations; removals of pollutants and trash collections; wages; professional, including legal and accounting fees, management fees, expenses and liabilities incurred by the Managing Agent or Board of Directors on behalf of the Owners under or by reason of this Declaration and the Bylaws of the Association; for any deficit arising or any deficit remaining from a previous period; the creation of a reasonable contingency fund, working capital, and sinking funds as well as other costs and expenses relating to the Common Elements. Utility expenses may increase from the amount budgeted because of rate or usage increases or fuel cost adjustments, and other budgeted line items may increase from time to time. In the event the cash requirements for utility expenses or any other recurring expense exceeds the budget amount for that particular expense line item, or in the event the cash requirements for Common Expenses exceed the aggregate assessments made pursuant to this Article, the Board of Directors for the Association may from time to time and at any time make pro rata increases in the monthly Assessments to include amounts sufficient to recoup operating budget deficits for utility expense or other recurring budget line item expenses or Common Expenses in the aggregate, as well as including increased current
lude amounts sufficient to recoup operating budget deficits for utility expense or other recurring budget line item expenses or Common Expenses in the aggregate, as well as including increased current operating expenses. 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. Such limitations shall not be applicable, however, to special Assessments for the replacement, repair, maintenance or restoration of any Common Elements which are to be paid for by the Association according to the Declaration and these Bylaws and shall not be applicable to the purchase if any by the Association of a Unit for use as an office by the Association.
(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 Bylaws, if, and only if he shall have fully paid all Assessments made or levied against him and the Unit owned by him.
(d) Owner's Personal Obligation for Payment of Assessments. The amount of total Assessments against each Unit shall be the personal and individual debt of the Owner thereof. The Board of Directors shall have the responsibility to take prompt action to collect any unpaid Assessment in accordance with the terms of the Declaration.
l and individual debt of the Owner thereof. The Board of Directors shall have the responsibility to take prompt action to collect any unpaid Assessment in accordance with the terms of the Declaration.
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 all Association Assessments for the unsold Units as provided in the Declaration. So long as the Declarant owns one or more of the Units, he shall be subject to the provisions of the Declaration and these Bylaws.
2. Vendor's Lien. The obligation of each Owner to pay Assessments shall be secured by a Vendor's Lien retained in said Owner's Deed to his Unit, said Vendor's Lien being more particularly described in Section 4.3 of the Declaration.
Page 14 3. Notice of Lien or Suit. An Owner shall give notice to the Association of every lien or encumbrance upon his Unit, other than for taxes and special Assessments, and notice of every suit or other proceeding which may affect the title to his Unit and such notice shall be given within five (5) days after the Owner has knowledge thereof.
4. Owner’s Maintenance and Repair.
(a) Maintenance and repair shall be according to the Declaration. An Owner shall maintain and keep in repair the interior of his own Unit, including the fixtures thereof. All fixtures and equipment installed within the Unit commencing at a point where the utilities enter the Unit shall be maintained and kept in repair by the Owner thereof (unless the cost of said maintenance and repair is otherwise herein designated a Common Expense). An Owner shall do no act nor omit to do any act that will impair the structural soundness or integrity of any
the cost of said maintenance and repair is otherwise herein designated a Common Expense). An Owner shall do no act nor omit to do any act that will impair the structural soundness or integrity of any Building or impair any easement or hereditament (nor shall he make any changes to the individual patio or balcony appurtenant to his Unit, if any).
(b) An Owner shall be obligated to reimburse the Association promptly upon receipt of its statement for any expenditures incurred by it in repairing or replacing any General or Limited Common Element damaged by his negligence or by the negligence of his tenants or agents or guests.
5. 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 double the amount of such claim plus interest at eighteen percent (18%) per annum 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 Dollars ($250), 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 claim or litigation. Disbursement of such funds or proceeds shall be made by the
rwise 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 a lien against his Unit may be foreclosed as is provided in the Declaration for non-payment of Assessments. 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 eighteen percent (18%) per annum on all such sums paid or incurred by the Association.
6. General.
(a) Each Owner shall comply strictly with the provisions of the recorded Declaration and these Bylaws and amendments thereto.
Page 15 (b) Each Owner shall always endeavor to observe and promote the cooperative purposes for the accomplishment of which this Project was declared.
7. Use of General Common Elements and Limited Common Elements. Each Owner may use the General Common Elements and Limited Common Elements in accordance with the purpose for which they were intended without hindering or encroaching upon the lawful rights of the other Owners.
8. Right of Entry.
(a) An Owner shall 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.
ght 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.
9. Rules and Regulations. The Board of Directors, pursuant to Paragraph 3(b) of Article IV of these Bylaws, reserves the power to establish, make and enforce compliance with such rules as may be necessary or desirable for the efficient and enjoyable operation, use and occupancy of this Project.
ARTICLE XI ABATEMENT AND ENJOINMENT OF VIOLATIONS BY OWNERS The violation of any rule or regulation, or the breach of any Bylaw, 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 in the Declaration or herein, (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 Unit 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, using such force as may be necessary in so doing, without being liable to
e Board of Directors or Managing Agent shall not be deemed guilty in any manner of trespass; and to expel, remove and put out, using such force as may be necessary in so doing, without being liable to prosecution or any damages therefore; and (ii) to enjoin, abate, or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any breach.
ARTICLE XiIl 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 Page 16 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 sixty (60) days before the election.
Members may submit names of candidates other than those submitted by the nominating
ates for the Board. The names of the candidates shall be submitted on or before sixty (60) days before the election.
Members may submit names of candidates other than those submitted by the nominating committee at least thirty (30) 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. Architectural Control and Other Committees. Unless and until the Declarant has appointed an Architectural Control Committee in accordance with the Declaration, the Board shall either perform the functions of the Architectural Control Committee or shall appoint (together with Declarant as provided in the Declaration) a separate Architectural Control Committee consisting of three (3) Members who shall serve concurrent one (1) year terms. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose.
5. Vacancies. A vacancy in any committee shall be filled by the President until the next meeting of the Board of Directors.
ARTICLE XIll NON-PROFIT ASSOCIATION This Association is not organized for profit. No Member, 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 member of the Board of Directors, officer or Member; provided, however, always (1) that reasonable compensation may
paid as salary or compensation to, or distributed to or inure to the benefit of any member of the Board of Directors, officer or Member; provided, however, always (1) that reasonable compensation may be paid to any Member, director 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, director 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 XIV EXECUTION OF DOCUMENTS The persons who shall be authorized to execute any and all contracts, documents, instruments of conveyance, or encumbrances, including promissory notes, shall be two, one of each of the President or any Vice President, and the Secretary or any Assistant Secretary of the Association.
Page 17 ARTICLE XV PROXY TO TRUST Owners shall have the right to irrevocably constitute and appoint their Mortgagees their true and lawful attorney to vote their Unit 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 Bylaws of this Association or by virtue of the 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 the beneficiary shall deem its security in jeopardy by reason of the failure, neglect, or refusal of the Association, the Managing Agent, or the Owners to carry out their duties as set forth in the Declaration. Such proxy shall be valid until such time as a release of the beneficiary’s deed of
sal of the Association, the Managing Agent, or the Owners to carry out their duties as set forth in the Declaration. Such proxy shall be valid until such time as a release of the beneficiary’s deed of trust is executed and a copy thereof delivered to the Secretary or Assistant Secretary of the Association, which shall operate to revoke such proxy. Nothing herein contained shall be construed to relieve Owners or to impose upon the beneficiary of the Deed of Trust the duties and obligation of an Owner.
ARTICLE XVI CONFLICTING OR INVALID PROVISIONS Notwithstanding anything contained herein to the contrary, should all or part of any Article of these Bylaws be in conflict with the provisions of the Texas Non-Profit Corporation Act or the Texas Condominium Act, as amended, such Acts shall control; and should any part of these Bylaws be invalid or inoperative for any reason, the remaining parts, so far as is possible and is reasonable, shall be valid and operative.
ARTICLE XVII NOTICES All notices to Members of the Association shall be given by delivering the same to each Owner, in person or by depositing the notices in the U.S. Mail, postage prepaid, addressed to each Owner at the address last given by each Owner to the Secretary for mailing of such notices, all such notices shall be sent to the Unit of such Owner, and all Owner shall be deemed to have been given notice of the meetings upon the proper mailing of the notice to such addresses irrespective of the actual receipt of the notices by the Owners.
Fileserver:CLIENTS:TerracesCondoHOA: Bylaws A&R 2-11.doc After recording, please return to: Niemann & Heyer, L.L.P.
Attorneys At Law Westgate Building, Suite 313 1122 Colorado Street Austin, Texas 78701 Fileserver:CLIENTS:TerracesCondoHOA:BylawsFiling2-11.doc
ter recording, please return to: Niemann & Heyer, L.L.P.
Attorneys At Law Westgate Building, Suite 313 1122 Colorado Street Austin, Texas 78701 Fileserver:CLIENTS:TerracesCondoHOA:BylawsFiling2-11.doc FILED AND RECORDED OFFICIAL PUBLIC RECORDS ~ PEREZTA: $88. 08 Dana DeBeauvoir, County Clerk Travis County TEXAS