BY-LAWS OF TREETOPS II OWNERS ASSOCIATION, INC.
(A Texas Non-Profit Corporation) Dallas County, Texas VOL PAGE 83213 0972 ARTICLE I - NAME TABLE OF CONTENTS FOR BY-LAWS OF TREETOPS II OWNERS ASSOCIATION, INC.
(A Texas Non-Profit Corporation) Paragraph 1.1 NAME ARTICLE II - PURPOSE AND OWNER OBLIGATION Paragraph 2.1 PURPOSE Paragraph 2.2 OWNER OBLIGATION ARTICLE III - DEFINITIONS AND TERMS Paragraph 3.1 MEMBERSHIP Paragraph 3.2 VOTING Paragraph 3.3 MAJORITY OF UNIT OWNERS Paragraph 3.4 QUORUM Paragraph 3.5 - PROXIES ARTICLE IV - ADMINISTRATION Paragraph 4.1 - DECLARANT CONTROL Paragraph 4.2 - ASSOCIATION RESPONSIBILITIES Paragraph 4.3 - PLACE OF MEETINGS Paragraph 4.4 - ANNUAL MEETINGS SPECIAL MEETINGS Paragraph 4.5 Paragraph 4.6 NOTICE OF MEETINGS Paragraph 4.7 - ADJOURNED MEETING Paragraph 4.8 ORDER OF BUSINESS ARTICLE V - BOARD OF DIRECTORS Paragraph 5.1 - NUMBER AND QUALIFICATION - POWERS AND DUTIES Page 1 1 1 1 2 2 2 2 2 3 3 3 3 3 3 4 4 4 Paragraph 5.2 4 Paragraph 5.3 OTHER POWERS AND DUTIES Paragraph 5.4 - ELECTION AND TERM OF OFFICE 6 6 Paragraph 5.5 VACANCIES Paragraph 5.6 REMOVAL OF DIRECTORS 7 7 Paragraph 5.7 ORGANIZATION MEETING 7 Paragraph 5.8 REGULAR MEETINGS VOL PAGE 83213 C373 ARTICLE V CONTINUED Paragraph 5.9 SPECIAL MEETINGS Paragraph 5.10 - WAIVER OF NOTICE Paragraph 5.11 - BOARD OF DIRECTOR'S QUORUM Paragraph 5.12 - FIDELITY BONDS ARTICLE VI - OFFICERS Paragraph 6.1 - DESIGNATION Paragraph 6.2 - ELECTION OF OFFICERS Paragraph 6.3 REMOVAL OF OFFICERS Paragraph 6.4 PRESIDENT Paragraph 6.5 - VICE PRESIDENT Paragraph 6.6 SECRITARY Paragraph 6.7 TREASURER ARTICLE VII - MANAGEMENT CONTRACT Paragraph 7.1 MANAGEMENT COMPANY ARTICLE VIII - INDEMNIFICATION OF OFFICERS AND DIRECTORS Paragraph 8.1 INDEMNIFICATION
raph 6.6 SECRITARY Paragraph 6.7 TREASURER ARTICLE VII - MANAGEMENT CONTRACT Paragraph 7.1 MANAGEMENT COMPANY ARTICLE VIII - INDEMNIFICATION OF OFFICERS AND DIRECTORS Paragraph 8.1 INDEMNIFICATION ARTICLE IX - OBLIGATIONS OF THE OWNERS Page 7 7 7 8 8 8 8 8 8 8 9 9 12 Paragraph 9.1 Paragraph 9.2 ASSESSMENTS 12 GENERAL 13 Paragraph 9.3 USE OF GENERAL COMMON ELEMENTS AND LIMITED COMMON ELEMENTS 13 Paragraph 9.4 DESTRUCTION OR OBSOLESCENCE 13 ARTICLE X - AMENDMENTS TO PLAN OF CONDOMINIUM OWNERSHIP Paragraph 10.1 - BY-LAWS ARTICLE XI MORTGAGES Paragraph 11.1 NOTICE TO ASSOCIATION 13 14 Paragraph 11.2 NOTICE OF UNPAID ASSESSMENTS 14 ARTICLE XII - COMPLIANCE Paragraph 12.1 LECAL REQUIREMENTS ARTICLE XIII - NON-PROFIT ASSOCIATION Paragraph 13.1 - NON-PROFIT PURPOSE VOL PAGE 83213 0374 14 14 ARTICLE XIV PRINCIPAL OFFICE Paragraph 14.1 - ADDRESS ARTICLE XV - EXECUTION OF INSTRUMENTS Paragraph 15.1 - AUTHORIZED AGENTS ARTICLE XVI CORPORATE SEAL Paragraph 16.1 - CORPORATE SEAL ARTICLE XVII DEFINITIONS OF TERMS Paragraph 17.1 - DEFINITIONS OF TERMS CERTIFICATE VOL PAGE 83213 0375 Page 15 15 15 15 16 1.1 NAME. The BY-LAWS or TREETOPS II OWNERS ASSOCIATION, INC.
(A Texas Non-Profit Corporation) ARTICLE I NAME name of the organization shall be TREETOPS II OWNERS ASSOCIATION, INC., hereinafter called "Association".
ARTICLE II PURPOSE AND OWNER OBLIGATION 2.1 PURPOSE. The purpose for which this non-profit Association 23 formed is to govern the Condominium Property situated in the County of Dallas, State of Texas, which Property is described on the attached Exhibit "A", which by this reference is made a part hereof, and which Property has been submitted to a Regime according to the provisions of the Condominium Act of the State of Texas.
on the attached Exhibit "A", which by this reference is made a part hereof, and which Property has been submitted to a Regime according to the provisions of the Condominium Act of the State of Texas.
2.2 OWNER OBLIGATION. All present ΟΙ future olers, tenants, future tenants or any other person who might use the facilities of the Project in any manner, are subject to the regulations set forth in these By-Laws, The mere acquisition or rental of any of the Condominium Units (hereinafter referred to as "Units") of the Project or the mere act of occupancy of any of said Units will signify that these By-Laws are accepted, ratified and will be strictly followed.
ARTICLE III DEFINITIONS AND TERMS 3.1 MEMBERSHIP. Any person on becoming an Owner of a Condominium Unit shall automatically become * Member of this Association and be subject to these By-Laws. Such membership shall terminate without any formal Association action whenever such person ceases to own 2 Condominium Unit. Such termination shall not relieve or release any such former Owner from any liability or obligation incurred under or in any way connected with TREETOPS II CONDOMINIUMS during the period of such ownership and membership in this Association, or impair any rights or remedies which the Board of Directors of VOL PAGE 83213 0976 the Association or others may have against such former Owner and Member arising out of or in any way connected with such ownership and membership and the covenants and obligations incident thereto. No certificates of stock shall be issued by the Association, but the Board of Directors, if it 80 elects, may issue one (1) Membership Card per Unit to the Owner(s) of a Condominium Unit. Such Membership Card shall be surrendered to the Secretary
e Association, but the Board of Directors, if it 80 elects, may issue one (1) Membership Card per Unit to the Owner(s) of a Condominium Unit. Such Membership Card shall be surrendered to the Secretary whenever ownership of the Condominium Unit designated thereon is terminated.
3.2 VOTING. Unit ownership shall entitle the Owner(s) to cast one (1) vote per Unit in the affairs of the Association, which vote will be weighted to equal the proportionate share of ownership of the Unit Owner in the Common Elements. Voting shall not be split among more than one (1) Unit Owner. The present number of votes that can be cast by the Unit Owners in thirty-six (36). The combined weighted votes calculated in accordance with Exhibit "0" to the Condominium Declaration for TREETOPS II CONDOMINIUMS shall equal one hundred percent (100%).
3.3 MAJORITY OF UNIT OWNERS. As used in these By-Laws the term "majority of Unit Owners" shall mean those Owners with fifty-one percent (517) of the votes entitled to be cast.
3.4 QUORUM. Except as otherwise provided in these By-Laws, the presence in person or by proxy of a "majority of Unit Owners" as defined in Paragraph 3.3 of this Article shall constitute a quorum.
3.5 PROXIES. Votes may be cast in person or by proxy. Proxies must be filed with the Secretary before the appointed time of each meeting.
ARTICLE IV ADMINISTRATION 4.1 DECLARANT CONTROL. Notwithstanding any provision herein to the contrary, and in accordance with Paragraphs 4.2 and 4.3 of the Condominium Declaration for TREETOPS II CONDOMINIUMS, the Declarant, TREETOPS PARTNERS, LTD., a Texas limited partnership, shall retain control over management of the affairs of the Association. This retention of control shall be for the
II CONDOMINIUMS, the Declarant, TREETOPS PARTNERS, LTD., a Texas limited partnership, shall retain control over management of the affairs of the Association. This retention of control shall be for the benefit of the Unit Owners and any First Mortgagees of record and for the purpose of insuring both a complete and orderly buildout and a timely sellout of the Project Units, including any annexations. This control shall last no longer than June 1, 1986, or within one hundred twenty (120) days after the closing of sales of seventy-five percent (75%) of the Units, including VOL PAGE - 2 subsequent annexations, or when in the sole opinion of the Declarant the Project is viable, self-supporting and operational, whichever occurs first.
4.2 ASSOCIATION RESPONSIBILITIES.
The Owners of the Units will constitute the of Association Unit Owners, hereinafter referred to as who "Association", Condominium Project through a Board of Directors.
will have the responsibility of administering the 4.3 OF PLACE MEETINGS.
All annual and special meetings of the or at Association shall be held at the principal office of the Association such other suitable and convenient place as may be permitted by law and from time to time fixed by the Directors and designated in the notices of such meutings.
4.4 ANNUAL MEETINGS. Annual meetings shall be held the of each year.
The first annual meeting shall be called by Declarant within sixty (60) days after the end of the Declarant Control Period or earlier, at Declarant's option.
4.5 SPECIAL MEETINGS. It shall be the duty of the President to call a the Board of as directed by resolution of special meeting of the Owners Directors or upon a petition signed by at least one tenth (1/10) of the Owners
. It shall be the duty of the President to call a the Board of as directed by resolution of special meeting of the Owners Directors or upon a petition signed by at least one tenth (1/10) of the Owners and presented to the Secretary. The notice of any special meeting shall state No business shall the time and place of such meeting and the purpose thereof..
be transacted at a special meeting except as stated in the notice unless by either in person or by consent of four-fifths (4/5) of the Owners present, proxy.
4.6 NOTICE OF MEETINGS. The Secretary shall mail notices of annual and special meetings to each Member of the Association, directed to his last known post office address, shown as on the of records the Association, by uncertified mail, postage prepaid. Such notice shall be mailed not less than ten (10) days nor more than twenty (20) days before the date of such meeting and shall state the date, time and place of the meeting and the purpose or purposes thereof.
In lieu of mailing notice as herein provided, such notice his residence in his absence.
ΟΙ be delivered by hand requested, any Mortgagee of record or its designee may be entitled to receive similar notice.
may left at If 407 ADJOURNED MEETING. If any meeting of Owners cannot be organized because В not attended, quorum has the Owners who are present, either in person or by proxy, may adjourn the meeting from time to time until a quorum is attained.
VOL PAGE 86213 0378 - 3 4.8 ORDER OF BUSINESS.. The order of business at all meetings of the Ammers of Units shall be as follows: 2.
Roll call.
b.
Proof of notice of meeting or waiver of notice.
C.
Reading of minutes of preceding meeting.
d.
Reports of officers.
0.
Reports of committees.
f.
Election of Directors.
8.
Unfinished business.
h.
New business.
ARTICLE V
meeting or waiver of notice.
C.
Reading of minutes of preceding meeting.
d.
Reports of officers.
0.
Reports of committees.
f.
Election of Directors.
8.
Unfinished business.
h.
New business.
ARTICLE V BOARD OF DIRECTORS 5.1 The NUMBER AND QUALIFICATION. The affairs of this Association shall be governed by a Board of Directors composed initially of three (3) persons.
following persons shall act in such capacity and shall manage the affairs of the Association until their successors are elected, to-with NAME Paul Taylor ADDRESS 11020 Audelia, Suite B-104 Dallas, Texas 75243 Tevis Taylor Patricia Williams 11020 Audelia, Suite B-104 Dallas, Texas 75243 11020 Audelia, Suite B-104 Dallas, Texas 75243 5.2 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.
The Board of Directors may do all such By-Laws or by the Condominium acts and things that Declaration are not by these for TREETOPS II CONDOMINIUMS directed to be exercised and done by the Owners.
5.3 OTHER POWERS AND DUTIES. The Board of Directors shall have the following duties: ".
Io administer and enforce the covenants, conditions, limitations, uses, obligations and all other restrictions, provisions set forth in the Condominium Declaration.
b.
Io establish, make and enforce compliance with rules necessary for the orderly operation, use and occupancy of this - 4 VOL PAGE 83213 0979 Condominium Project. (A copy of such rules and regulation shall be the adoption delivered thereof.)
or mailed to each Member promptly upon C. To keep in good order, condition and repair all of the and all items of personal General and Limited Common Elements
shall be the adoption delivered thereof.)
or mailed to each Member promptly upon C. To keep in good order, condition and repair all of the and all items of personal General and Limited Common Elements property used in the enjoyment of the entire Fremises.
d. To insure and keep insured all of the insurable Common the Property in amount equal an replacement valun, as provided in Elements of to their maximum the Declaration.
Further to obtain and maintain comprehensive liability insurance covering the entire Premises in amounts not leas than One Hundred Thousand Dollars ($100,000.00) per person, Three Hundred Thousand Dollars ($300,000.00) per accident and Fifty Thousand Dollars ($50,000.00) property damages, plus a One Million Dollar ($1,000,000.00) umbrella policy. To insure and keep insured all the fixtures, equipment and personal property acquired by the Association for the benefit of the Association, the Owners of the Condominium Units and their First Mortgagees.
meet increased 8. To fix, determine, levy and collect the monthly prorated assessments to be paid by each of the Owners; and by majority vote of the Board to adjust, decrease or increase the amount of the monthly assessments subject to provisions of the Declaration; to levy and collect special assessments in order operating or maintenance expenses or costs, and additional capital expenses. All monthly or other assessments shall be in itemized statement form and shall set forth in detail the various expenses for which the assessments are being made.
to Owner, RS provided in the f. To collect delinquent assessments by suit or otherwise and to enjoin an seek damages from Declaration and these By-Laws.
or 8. To protect and defend the entire Premises from loss and damage by suit or otherwise.
delinquent assessments by suit or otherwise and to enjoin an seek damages from Declaration and these By-Laws.
or 8. To protect and defend the entire Premises from loss and damage by suit or otherwise.
h. Io borrow funds in order to pay for any required expenditure or outlay; to execute all such instruments evidencing such indebtedness which shall be the several obligations of all of the Owners in the same proportion as their interest in the Common Elements.
VOL PAGE 83213 0980 i.
and power.
To enter into contracts within the scope of their duties j. To establish a bank account for the common treasury for all separate funds which are required or may be deemed advisable by the Board of Directors.
or The k. 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 & Unit, the Veterans Administration any First Mortgagee of Federal Housing Administration, and to cause a complete audit of the books and accounts by a competent accountant, once each year.
Association shall cause to be prepared and delivered annually to each Owner an audited statement showing all receipts, expenses disbursements since the last such statement. Such audited financial statements shall be available to any First Mortgagee of a Unit, on request, within ninety (90) days following the fiscal year end of the Project.
1.
To meet at least once each quarter.
or To designate the personnel necessary for the maintenance and operation of the General and Limited Common Elements.
П. In on the administration of this to general, carry Association and to do all of those things, necessary and reasonable, in order to carry out the communal aspect of Condominium ownership.
Elements.
П. In on the administration of this to general, carry Association and to do all of those things, necessary and reasonable, in order to carry out the communal aspect of Condominium ownership.
5.4 ELECTION AND TERM OF OFFICE. At the first (1st) annual meeting of the Association the term of office of one (1) of the Directors shall be fixed for one (1) year, the term of office of one (1) of the Directors shall be (1) fixed at two (2) years, and the term of office of the remaining one Director shall be fixed at three (3) years. At the expiration of the initial term of office of each respective Director, his successor shall be elected to The persons acting as Directors shall hold term of three (3) years.
& office until their successors have been elected and hold their first (1st) serve meeting.
5.5 VACANCIES.
Vacancies on the Board of Directors caused by any reason other than the removal of a Director by a vote of the Association shall be filled by vote of the majority of the remaining Directors, even though they Each Director so elected shall serve out may constitute less than a quorum.
the remaining term of his predecessor.
VOL PAGE 83213 0981 - 6 -> 5.6 REMOVAL OF DIRECTORS.
1 At any regular or special meeting duly called, any one (1) or more of the Directors may be removed with or without cause by a majority of the Owners, and a successor may then and there be Any Director whose removal has been elected to fill the vacancy thus created.
proposed by the Owners shall be given an opportunity to be heard at the meeting.
5.7 ORGANIZATION MEETING.
The first (1st) meeting of a newly elected Board of Directors shall be held within ten (10) days of election at such at the meeting at which such place as shall be fixed by the Directors
TION MEETING.
The first (1st) meeting of a newly elected Board of Directors shall be held within ten (10) days of election at such at the meeting at which such place as shall be fixed by the Directors 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.
5.8 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 four (4) such meetings shall be held during each fiscal year. Notice of regular meetings of the Board of Directors shall be given to each Director, personally, by mail, telephone or telegraph, at least three (3) days prior to the day named for such meeting.
5.9 SPECIAL MEETINGS.
Special meetings of the Board of Directors may be called by the President or Secretary, or upon the written request of at least two (2) Directors. The President or Secretary will give three (3) days' personal notice to each Director by mail, telephone or telegraph, which notice ahall state the time, place (as hereinabove provided) and purpose of the meeting.
or the Board of 5.10 WAIVER NOTICE. Before any meeting of Directors, any Director may in writing, waive notice of such meeting and such Attendance by waiver shall be deemed equivalent to the giving of such notice.
at or 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.
5.11 BOARD OF * shall the Board of constitute a quorum for the DIRECTOR'S QUORUM. At all meetings of
eting of the Board, no notice shall be required and any business may be transacted at such meeting.
5.11 BOARD OF * shall the Board of constitute a quorum for the DIRECTOR'S QUORUM. At all meetings of Directors, majority of Directors 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 is less than a VDL PAGE 83213 0652 - 7 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 transacted at the meeting, as originally called, may be without additional notice.
been officers and of the transacted 5.12 FIDELITY BONDS. The Board of Directors shall require that all Association handling employees Association funds shall furnish adequate fidelity bonds.
bonds shall be paid by the Association.
or responsible for The premium on such ARTICLE VI OFFICERS 6.1 DESIGNATION. The officers of the Association shall be a President, Vice President, Secretary and Treasurer, all of whom shall be elected by the Board of Directors.
6.2 ELECTION OF OFFICERS. The officers of the Association shall be elected annually by the Board of Directors at the organisation meeting of each new Board and shall hold office at the pleasure of the Board.
6.3 REMOVAL OF OFFICERS. Upon an affirmative vote of a majority of the members of the Board of Directors, any officer may be removed, either with or without cause, and his successor may be elected at any regular meeting of the Board of Directors or at any special meeting of the Board called for such purpose.
6.4 PRESIDENT. The President shall be the chief executive officer of
sor may be elected at any regular meeting of the Board of Directors or at any special meeting of the Board called for such purpose.
6.4 PRESIDENT. The President shall be the chief executive officer of the Association. He shall preside at all meetings of both the Association and the Board of Directors. He shall have all 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 to He shall assist in the administration of the affairs of the Association.
co-sign all promissory notes with the Secretary and co-sign all checks with the Treasurer. The President, or his designated alternate, shall represent the Association at all meetings of TREETOPS II OWNERS ASSOCIATION, INC.
6.5 VICE PRESIDENT. The Vice President shall perform all of the duties of the President in his absence and such other duties as may be required of him from time to time by the Board of Directors.
6.6 SECRETARY.
a.
The Secretary shall keep the minutes of all meetings of -8VOL FAGE 83213 6383 the Board of Directors and the minutes of all meetings of the Association. He shall have charge of such books and papers as the Board of Directors may direct and shall co-sign all instruments of conveyance; and he shall, in general, perform all incident to the office of the Secretary.
the duties b. 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 AB shown on of the the recorda Association. Such list shall show opposite each Member's name, the number of Members living in the Unit, the garage space, and storage Such list space assigned for use in connection with such Unit.
da Association. Such list shall show opposite each Member's name, the number of Members living in the Unit, the garage space, and storage Such list space assigned for use in connection with such Unit.
shall be open to inspection by Members and other persons lawfully sama at reasonable times during regular entitled to inspect the business hours.
6.7 TREASURER. The Treasurer shall receive and deposit in appropriate bank accounts all money of the Association and shall disburse such as directed by resolution of the Board of Directors; provided, however, that a resolution of the Board of Directors shall not be necessary for disbursements made in the ordinary course of business conducted within the limits of a budget adopted by co-sign all checks; keep the Board of Directors, including authority to: proper books of account; cause an annual statement of the Association's books to be made at the completion of each fiscal year; prepare an annual budget and a statement of income expenditures to be presented to the Membership at its regular annual meeting, and deliver a copy of each to the Members; and perform all other duties assigned to him by the Board of Directors.
ARTICLE VII MANAGEMENT CONTRACT 7.1 COMPANY.
MANAGEMENT The of Directors Board may enter into management agreement with a management company at 2 rate of compensation agreed upon by the Board of Directors.
In accordance with the Declaration and these By-Laws, the management company shall have, but shall not be limited to, the following functions, duties and responsibilities: 2, Fiscal Management.
(1) Prepare annual operating budget reflect expected operation for each month.
-9detailed to This budget is VOL PAGE 63213 0954 established to show expected recurring receipts and operating disbursements.
is It
annual operating budget reflect expected operation for each month.
-9detailed to This budget is VOL PAGE 63213 0954 established to show expected recurring receipts and operating disbursements.
is It further used for comparison with actual monthly income and expenditures.
fund reserve (2) Prepare five (5)-year sinking budget projection for capital expenditures on items recurring only periodically, i.e., painting, etc., Common Elements.
for cash position (3) Prepare monthly operating and statements and statements concerning sinking fund reserve accounts.
and Where a (4) Analyze and compare operating receipts disbursements against the Board-approved budget.
significant variation is shown (10% above or below the budgeted amount), prepare explanations of variations from budgeted figures. Suggest corrective recommendations, if applicable.
maintenance fees and special (5) Collect assessments; deposit them in checking, savings or other on behalf of the Board and income producing accounts maintain comprehensive records thereof.
Establish individual checking and sinking fund reserve accounts, as directed by the Board.
(6) Mail notices of delinquency to any Owner in and exert reasonable effort to collect delinquent arrears, accounts.
(7) Examine all expense invoices for accuracy and pay all bills in accordance with the terms of the property management agreement.
(8) Prepare year-end statement of operations Owners.
b. Physical Management.
control of for (1) Assume full responsibility for maintenance and Common Area improvements and equipment.
Maintain the Property in constant repair to reflect Owner pride and to insure high property values in accordance with the provisions of the operating budget, as approved by the Board of Directors.
VOL PAGE 83213 0985 10
ty in constant repair to reflect Owner pride and to insure high property values in accordance with the provisions of the operating budget, as approved by the Board of Directors.
VOL PAGE 83213 0985 10 (2) Enter into contracts and supervise services for lavn care, refuse hauling, pump maintenance, etc., as approved operating budgets.
(3) Select, train and supervise competent personnel as directed by the Board.
(4) Compile, assemble and analyze data; and prepare specifications and call for bids for major improvement projects. Analyze and compare bids, issue contracts and coordinate the work; maintain close and constant inspection to insure that work is performed according to specifications.
(5) Perform any other projects with diligence and economy in the Board's best interests.
c.
Administrative Management.
(1) Inspect contractural services for satisfactory performance. Prepare any necessary compliance letters to Vendors.
in (2) Obtain and analyze bids for insurance coverage specified By-Laws, recommend modifications or additional coverages. Prepare claims when required and follow up on payment; act as Board's representative in negotiating settlement.
(3) Exercise close liaison and supervision over all personnel to insure proper operational maintenance and to promote good Management-Resident-Owner relationships.
(4) Act liaison อย for the Association in any negotiations or disputes with local, federal or state taxing agencies or regulatory bodies.
(5) Exercise close conditions of working supervision over hours and employed personnel to insure compliance with Wage and Hour and Workman's Compensation Lavs.
(6) Assist in resolving individual Owner's problems as they pertain to the Association, Common Elements and governing rules and regulations.
pliance with Wage and Hour and Workman's Compensation Lavs.
(6) Assist in resolving individual Owner's problems as they pertain to the Association, Common Elements and governing rules and regulations.
(7) Represent an absentee Owner when requested.
- 11 VOL PAGE 83213 0586 proportionate share of the Unit Owner in and to the Common Elements and shall be due monthly in advance. A Member shall be deemed to be in good standing - 12 VOL PAGE 83213 0967 (8) Administer the Condominium Project in such a way 氨器 to promote & pleasant and harmonious relationship within the complex for all Owners, Residents and Tenants alike.
8.1 ARTICLE VIII INDEMNIFICATION OF OFFICERS AND DIRECTORS INDEMNIFICATION. The Association shall indemnify every Director or officer, his heirs, executors and administrators, against all loss, cost and expense, including counsel fees, reasonably incurred by him in connection with any action, suit or proceeding to which he may be made a party by reason of his being or having been a Director or officer of the Association, except in matters of gross negligence or willful misconduct. In the event of & settlement, indemnification shall be provided only in connection with such matters in which the Association is advised by counsel that the person to be indemnified has not been guilty of gross negligence or willful misconduct in the performance of his duty as auch Director or officer in relation to the matter involved. The foregoing right shall not be exclusive of other rights to which such Director or officer may be entitled. All liability, loss, damage, cost and expense incurred or suffered by the Association in connection with the foregoing indemnification provision shall be treated and handled by
fficer may be entitled. All liability, loss, damage, cost and expense incurred or suffered by the Association in connection with the foregoing indemnification provision shall be treated and handled by the Association as Common Expenses; provided, however, nothing contained in this Article VIII shall be deemed to obligate the Association to indemnify any Member or Owner of a Condominium Unit, who is or has been a Director or officer of the Association, with respect to any duties or obligations assumed or liabilities incurred by him under and by virtue of the Condominium Declaration for TREETOPS II CONDOMINIUMS as a Member or Owner of * Condominium Unit covered thereby.
ARTICLE IX OBLIGATIONS OF THE OWNERS 9.1 ASSESSMENTS. All Owners ahall be obligated to pay the monthly assessments imposed by the Association to meet the Common Expenses as defined in the Declaration. The assessments shall be made pro rata according to the proportionate share of the Unit Owner in and to the Common Elements and shall be due monthly in advance. A Member shall be deemed to be in good standing 12 VOL PAGE 63213 0967 and entitled to vote at any annual or special meeting of Members, within the meaning of these By-Laws, only if he is current in the assessments made or levied against him and the Condominium Unit owned by him.
9.2 GENERAL.
a. Each Owner shall comply strictly with the provisions of the Condominium Declaration for TREETOPS II CONDOMINIUMS.
b. Each Owner shall always endeavor to observe and promote the cooperative purposes for which the Project was built.
9.3 USE OF GENERAL COMMON ELEMENTS AND LIMITED COMMON ELEMENTS. Each Owner may use the General Common Elements and the Limited Common Elements in accordance with the purposes for which they were intended.
9.4 DESTRUCTION
OMMON ELEMENTS AND LIMITED COMMON ELEMENTS. Each Owner may use the General Common Elements and the Limited Common Elements in accordance with the purposes for which they were intended.
9.4 DESTRUCTION OR OBSOLESCENCE. Each Owner shall, if necessary, execute a power of attorney in favor of the Association, irrevocably appointing the Association his Attorney In Fact to deal with the Owner's Condominium Unit upon its destruction, obsolescence or condemnation, as is provided in Paragraph 6.1 of the Condominium Declaration.
10.1 BY-LAWS.
Owners ARTICLE X AMENDMENTS TO PLAN OF CONDOMINIUM OWNERSHIP After relinquishment of Declarant control of the Association, as set forth in Article IV, these By-Laws may be amended by the Association at a duly constituted meeting for such purpose, and no amendment shall take effect unless approved by representing at least sixty-six and two-thirds percent (66-2/3%) of the aggregate interest of the undivided Ownership of the Common Elements except for those amendments provided for in Article VIII of the Declaration, which shall require the approval of Owners and Mortagees as provided therein. In no event shall the By-Laws be amended to conflict with the Declaration. In the event of a conflict between the two (2) documents, the Declaration shall control.
b. Until relinquishment of Declarant control of the Association, these By-Laws may be unilaterally amended by the Declarant to correct any clerical or typographical error or omission, or to change any provision to meet the requirements of - 13 VOL PAGE 83213 038S Federal Home Loan Mortgage Corporation, Federal National Mortgage Administration or Federal Bousing Association, Veterans Administration.
ARTICLE XI MORTGAGES 11.1 NOTICE TO ASSOCIATION. An Owner who mortgages his Unit shall notify
oration, Federal National Mortgage Administration or Federal Bousing Association, Veterans Administration.
ARTICLE XI MORTGAGES 11.1 NOTICE TO ASSOCIATION. An Owner who mortgages his Unit shall notify the Association through the President of the Association giving the name and address of his Mortgagee. The Association shall maintain such information in a book entitled "Mortgagees of Condominium Unita".
11.2 NOTICE OF UNPAID ASSESSMENTS. The Association shall, at the request of a Mortgagee of a Unit, report any unpaid assessments due from the Owner of such Unit.
12.1 LEGAL REQUIREMENTS.
ARTICLE XII COMPLIANCE These By-Laws are set forth to comply with the requirements of the State of Texas Condominium Act. If any of these By-Laws conflict with the provisions of said statute, it is hereby agreed and accepted that the provisions of the statute will apply.
13.1 NON-PROFIT PURPOSE.
ARTICLE XIII NON-PROFIT ASSOCIATION This Association is not organized for profit.
No Unit Owner, Member of the Board of Directors 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 a salary or as compensation to, or distributed to or inure to the benefit of any Member of the Board of Directors; provided, however, always (1) that reasonable compensation may be paid to any Member while acting as an agent or employee of the Association for services rendered in effecting one (1) or more of the purposes of the Association and (2) that any Member of the Board of Directors may, from time to time, be reimbursed for his actual and reasonable expenses incurred in connection with the administration of the
of the Association and (2) that any Member of the Board of Directors 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.
VOL PAGE 83213 0959 - 14 i ARTICLE XIV PRINCIPAL OFFICE 14.1 ADDRESS. The principal office of the Association shall be located at 11020 Audelia, Suite B-104, Dallas, Texas, 75243, but may be located at such other suitable and convenient place as shall be permitted by law and designated by the Directors.
ARTICLE XV EXECUTION OF INSTRUMENTS 15.1 AUTHORIZED ACENTS. The persons who shall be authorized to execute any and all instruments of conveyance or encumbrances, including promissory notes, shall be the President with the co-signature of the Secretary of the Association.
ARTICLE XVI CORPORATE SEAL 16.1 CORPORATE SEAL. The Directors shall provide a corporate seal which shall be circular in form and shall have inscribed thereon the name of the Association.
ARTICLE XVII DEFINITIONS OF TERMS 17.1 the DEFINITIONS OF TERMS. The terma used in these By-Laws, to extent they are defined in said Declaration, shall have the same definition as set forth in the Declaration for TREETOPS II CONDOMINIUMS, as the same may be amanded from time to time, recorded in the office of the County Clerk of Dallas County, Texas.
- 15 VOL PAGE 83213 0990 122 " CERTIFICATE I HEREBY CERTIFY that the foregoing is a true, complete and correct copy of the By-Laws of TREETOPS II OWNERS ASSOCIATION, INC., a Texas non-profit corporation, as adopted by the initial Board of Directors at its organization meeting on the < day of September. .A.D., 1983.
IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the Corporation, this the 14- day of 1983.
Crtaber.
A.D., Secretary
at its organization meeting on the < day of September. .A.D., 1983.
IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the Corporation, this the 14- day of 1983.
Crtaber.
A.D., Secretary VOL PAGE - 16 83213 0991 FILED Eur Durch Southwest Land Sitte co.
5444 Luther Lm. #180 Dallas, Telas 75225 Please Return 20: 83 OCT 28 AM 10:97 STATE OF TEXAS COUNTY OF DALLAS I hereby certify that this Instrument was filed on the date and time stamped h. reon by me and was duly recorded in the volume and poke of the named records of Delles County, Texas as stamped herown by me.
OCT 1983 : Earl Billorke COUNTY CLERK, Dallas County, Texas VOL PAGE 83213 0992 : ?
T 1 THE STATE OF TEXAS 1 COUNTY OF DALLAS) I hereby certify that the above and foregoing is a full true, and correct " the samb photographic copy of the original record now in my lawful custody and on the date stamper/thereon and as possession, flled cffice under the volume and recorded in the Recorder's Record: in page stamped thereon. I hereby certify on JUN 20 1988 COUNTY CLERK DALLAS COUNTY, BY Deputy 44 = VOL PAGE 63213 0968 IN WITNESS THEREOF.
the has Declarant caused this instrument to be signed, sealed and delivered by its proper corporate officers and its 14th day of Cintober.
corporate seal to be affixed, this 14/05/13 A.D., 1983.
ATTEST: Secretary THE STATE OF TEXAS 5 COUNTY OF DALLAS S TREETOPS PARTNERS, LTD.
By: Paul Taylor Corporation, General Partner By: FIND Paul Taylor, Président BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Paul Taylor, President of Paul Taylor Corporation, Ceneral Partner of Treetops Partners, Ltd., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
peared Paul Taylor, President of Paul Taylor Corporation, Ceneral Partner of Treetops Partners, Ltd., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of such corporation on behalf of said Limited Partnership for the purposes and consideration therein expressed, and in the capacity therein stated.
CIVEN UNDER MY.
HAND AND SEAL OF OFFICE this the 14th day of stat A.D., 1983.
Par bithan Notary Public in and for The State of Texas My Commission Expires: - 44 VOL PAGE 63213 0368 3/15/85