202500776 AMD Total Pages: AFTER RECORDING RETURN TO: Gregory S. Cagle, Esq.
CAGLE PUGH, LTD. LLP 4301 Westbank Drive, Suite A-150 Austin, Texas 78746 AMENDMENT TO THE BYLAWS OF WINDERMERE OAKS PROPERTY OWNER'S ASSOCIATION Cross reference to that certain Bylaws of Windermere Oaks Property Owner's Association, recorded at Volume 1330, Page 0160, of the Official Public Records of Burnet County, Texas, as amended from time to time.
AMENDMENT TO THE BYLAWS OF WINDERMERE OAKS PROPERTY OWNER'S ASSOCIATION RECITALS: A. WHEREAS, Windermere Oaks Property Owner's Association (the "Association") is a Texas nonprofit corporation that is governed by that certain Bylaws of Windermere Oaks Property Owner's Association, recorded at Volume 1330, Page 0160, of the Official Public Records of Burnet County, Texas, as amended from time to time (collectively, the "Bylaws").
B.
WHEREAS, the Association's Board of Directors (the "Board") desires to amend the Bylaws as further set forth herein.
C.
WHEREAS, Section 22.102 of the Texas Business Organizations Code provides that the board of directors of a nonprofit corporation may amend or repeal its bylaws, or adopt new bylaws, unless the nonprofit corporation's articles of incorporation wholly or partly reserves the power exclusively to the nonprofit corporation's members.
WHEREAS, the Association's Articles of Incorporation omits provisions that reserve the power to amend its Bylaws in whole or in part to the members of the Association.
D.
E. WHEREAS, in accordance with the authority vested in the Board by Section 22.102 of the Texas Business Organizations Code, the Secretary of the Association hereby certifies that this Amendment to the Bylaws of Windermere Oaks Property Owners
y vested in the Board by Section 22.102 of the Texas Business Organizations Code, the Secretary of the Association hereby certifies that this Amendment to the Bylaws of Windermere Oaks Property Owners Association was approved by a majority vote of the Board at a meeting conducted on January 2025.
1.
NOW THEREFORE, the Bylaws are hereby amended as follows: Required Consent of Members. Section 3 of Article VII of the Bylaws is hereby deleted in their entirety and replaced with the following: Section 3.
Required Consent of Members. Notwithstanding any provision in these Bylaws to the contrary, the Board of Directors shall not be permitted to take any of the following actions unless and until such actions have been approved by a majority of a quorum of members in person or by proxy at either the annual meeting or at a special meeting called for the purpose of approving such action(s): 1 AMENDMENT TO THE BYLAWS OF WINDERMERE OAKS PROPERTY OWNER'S ASSOCIATION (a) any increase in the amount of the annual assessment by more than twenty percent (20%) over the amount of the prior year's annual assessment; or (b) the levy of a special assessment or other assessment to defray expenses in excess of the Association's usual and customary expenses incurred in connection with discharging its responsibilities under the Restrictions.
2. Miscellaneous. Any capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Bylaws. Unless expressly amended by this instrument, all other terms and provisions of the Bylaws remain in full force and effect as written and are hereby ratified and confirmed.
3.
Effective Date. This Amendment to the Bylaws of Windermere Oaks Property Owner's Association shall be effective upon its recording in the Official Public Records
are hereby ratified and confirmed.
3.
Effective Date. This Amendment to the Bylaws of Windermere Oaks Property Owner's Association shall be effective upon its recording in the Official Public Records of Burnet County, Texas.
REMAINDER INTENTIONALLY LEFT BLANK 4934-0684-6733, v. 2 2 AMENDMENT TO THE BYLAWS OF WINDERMERE OAKS PROPERTY OWNER'S ASSOCIATION SECRETARY'S CERTIFICATE The undersigned Secretary of Windermere Oaks Property Owner's Association (the "Association"), a Texas non-profit corporation, hereby certifies that this Amendment to the Bylaws of Windermere Oaks Property Owner's Association was approved by a majority vote of the Board at a meeting of the Board conducted on January STATE OF TEXAS COUNTY OF BURNET § § 2025.
WINDERMERE OAKS PROPERTY OWNER'S ASSOCIATION Jay THIS INSTRUMENT was acknowlesulas January 2025 by Windermere Oaks Property Owner's Association.
е Secretary me this 16th day of Secretary of 4934-0684-6733, v. 2 NOTARY STATE OF PUBLIC TEXAS RITA RENEE JAMES Notary ID #5210684 My Commission Expires Notary Public of Texas February 15, 2026 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 202500776 AMD Fee: $37.00 01/27/2025 10:41 AM Licata Stubbel Vicinta Stafford, County Clerk Burnet County, Texas 3 AMENDMENT TO THE BYLAWS OF WINDERMERE OAKS PROPERTY OWNER'S ASSOCIATION