• AFFIDAVIT IN COMPLIANCE WITH SECTION 202.006OF TITLE 11 OF THE TEXAS PROPERTY CODE

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COUNTY OF Harris § J bMBEFORE ME, the undersigned authority, on this day personally appeared e:fJ\Ctl r\\;\ who, after

being duly sworn, stated under oath that he/she has read the above and foregoing Affidavit and that every factual statementcontained therein is within hislher personal knowledge and is true and correct

11111\ \ 1111 fll/'i

SUBSCRIBED AND SW~~9;gE ME, A Nota.:2:" ~~""~'1 Pu···· /' ~i "r~:J..:c~"\ NO Y PUBLIC IN AND- ~ " .% -<f/~I' ,x.+ f THE STATE OF TEXAS'/ ···.f PIR~~'" ~/ '. ..... b "

After recording, return to: SCS Mll'O!} ]'It'$ey¥-ttes, Inc. 7170 Cherry Park Drive, Houston, TX 77095I I II III

1/ I' \\1 W/Wpmaster/Company Forms/Affidavit for 202.006 Compliance-Assn Docs

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COUNTY OF Harris § Ot./0612014 RP2 !-24.00

~tie, BEFORE ME, the undersigned authority, on this day personally appeared Jessica Smith, being by me duly sworn toY'v law, stated the following under oath:

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THE STATE OF TEXAS

"My name is Jessica Smith. I am fully competent to make this Affidavit. I have personal knowledge of the facts statedherein, and they are all true and correct.

I am the Association Manager of Courtyard Glen Homeowners Association, a Texas Non-Profit Corporation (the \()"Association"). I am also a custodian for the records for the Association and I have been authorized by the Association's Board .of Directors to sign this Affidavit.

The Association is a "property owners' association" as that term is defined in Title 11 ofthe Texas Property Code. TheAssociation's jurisdiction includes, but may not be limited to Courtyard Glen, Section(s) One (1) and Two (2), per the maps or ;}plats thereof heretofore recorded in the Map Records of Harris County, Texas.

Attached hereto are the originals of, or true and correct copies of, the following dedicatory instruments, including knownamendments or supplements thereto, governing the Association, which instruments have not previously been recorded:

\'!i Association's Collection/Installment Plan PolicyI"Q Association's Installment Plan Policy~ Association's Records Retention PolicyitlX Amendment to the By-Laws

~ The documents attached hereto are subject to being supplemented, amended or changed by the Association. Any questions~ regarding the dedicatory instruments of the Association may be directed to the Association at 7170 Cherry Park Drive, Houston,I Texas 77095, telephone no. (281) 463-1777 ."

'1'"1 SIGNED on this the f\ day of-.l.-~~~IA- "~.L!...-=-~;

___ Association's Records Production Policy___ Association's Rules & Regulations___ Association's Architectural Control Guidelines

es ica Smithsociation Manager

VERIFICATIONTHE STATE OF TEXAS

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•••BY-LAW AMENDMENT

COURTYARD GLEN HOMEOWNERS ASSOCIATION

(RE: QUORUM REQUIRED WHEN ELECTING NEW BOARD MEMBERS WHOSE TERMS HAVE EXPIRED)-.This Amendment to the By-Laws ("Amendment") of Courtyard Glen Homeowners Association ("Association") is

made by the undersigned, being the Members of Courtyard Glen Homeowners Association, a Texas Non-ProfitCorporation on the date as set forth below.

WIT N E SSE T H:

WHEREAS, the Original By-Laws the Association were filed of record in the Real Property Records of HarrisCounty and recorded under Harris County Clerks File Number W9632I19. This governs the property described in theDeclaration of Covenants, Conditions and Restrictions for Courtyard Glen ("Declaration") and filed for record in Clerk'sFile Numbers G513729 for Section 1 and H797805 for Section 2 in map or plat records of Harris County, Texas; and

WHEREAS, the Courtyard Glen Homeowners Association is run by its Board of Directors ("Board") and theAssociation must be able to re-elect new Directors' whose terms have expired when quorum at a meeting of the membersis not reached. As of the date of this By-Law Amendment, one or more of the directors' term(s) has expired.

WHEREAS, the Association through the direction of the Board has attempted to have meetings in order to elect aboard member to fill the vacancy of the director(s) whose term has expired. A meeting was called on May 1, 2014wherein a meeting was duly called and noticed. Despite efforts to obtain quorum only 19 members of the Associationattended in person or by proxy. As the Association members who attended in person or by proxy did not represent i/ro"of the votes of the membership required to make quorum pursuant to the By Laws for the Association, board member(s)could not be elected.

WHEREAS, pursuant to Chapter 209.00593(a) of the Texas Property Code which states in pertinent part that"notwithstanding any provision in a dedicatory instrument, any board member whose term has expired must be elected byowners who are members of the property owners association".

WHEREAS, pursuant to the authority of Chapter 209.00593(b) of the Texas Property Code, "the board of aproperty owners' association may amend the bylaws of the property owners' association to provide for elections to beheld as required by Chapter 209.00593(a) ofthe Texas Property Code".

WHEREAS, when read together Chapter 209.00593(b) and (a) of the Texas Property Code authorizes the boardof a property owners' association to amend the bylaws to provide for elections of any board member whose term hasexpired so that they may be elected by owners who are members of the property owners association.

WHEREAS, in order to elect a new board member(s) by the owners pursuant to Chapter 209.00593(a) & (b) ofthe Texas Property Code, Article VI, Section 6.03 of the Original By-Laws for Courtyard Glen Homeowners Associationand recorded in the Deed Records of Harris County, Texas, will need to be amended for this limited purpose.

WHEREAS, the Association, wishes to amend Article VI, Section 6.03 of the Original By-Laws in order to allowfor a declining quorum at meetings of the Members for the sole purpose of electing new board member(s) whose term(s)have expired and regular quorum cannot be reached at a meeting" of the members pursuant to the authority grantedpursuant to Chapter 209.00593(a) & (b) of the Texas Property Code and for no other purpose.

NOW THEREFORE, the Article VI, Section 6.03 of the Original Bylaws is hereby amended to add Section6.03(A) only under the limited condition of electing a new board member(s) whose term(s) have expired and quorumcannot be reached at a meeting of the members, then Quorum may be determined as follows:

SECTION 6.03 CAl. QUORUM WHEN ELECTING NEW BOARD MEMBERS WHOSE TERMSHAVE EXPIRED. As to the election of any board member whose term is expired, the presence (inperson or by proxy) of the members entitled to cast one-tenth (lItOth) of the votes of each class ofmembership shall constitute a quorum. Should the required quorum not be present, in person orby proxy at a meeting where there is an election of any board member whose term is expired, the

Members who are present and entitled to vote thereat shall have power to adjourn that meetingand immediately reconvene another meeting on the same date and same location without notice,other than announcement at the meeting. Quorum requirement at any reconvened meeting willreduce by one half (112) for each adjourned and reconvened meeting thereafter until Quorum isreached. However, at any such reconvened meeting with quorum being present, the only businessthat may be transacted under this provision is for the election of a Board Member whose term hasexpired.

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Unless the context of this Amendment clearly indicates otherwise or as expressly amended herein, the definitionsand restrictions used shall have the same meaning as set forth in the Original Bylaws and that certain Declaration ofCovenants Conditions and Restrictions for Courtyard Glen Homeowners Association, recorded in the Harris County,Texas public records, as may have been or be amended, renewed, or extended from time to time; and

The Original By-Laws, except as expressly amended hereby, shall remain in full force and effect, and is herebyratified and confirmed.

If any provision of this Amendment is found to be in conflict with the Bylaws, as amended, this Amendment shallcontrol. '

IN WITNESS WHEREqf, this Amendment to the By-Laws of Courtyard Glen Homeowners Association isexecuted as ofthej"'i!ay of fll~ ,2014.

Courtyard Glen eowners Association

STATE OF TEXAS §§

COUNTY OF HARRIS §

BEFORE ME, on this day personally appeared jUneJJ..- Altro-- u(/K~~hePresident of the Courtyard GlenHomeowners Association known by me to be the person whose name is subscribed to the foregoing instrument, andacknowledged to me that s/he executed the same for the purposes and consideration therein expressed and in the capacitythereio and herein stared, and as the act and deed of said corporation. H.

Given under my hood and seal of office, th~ ~~ ,2014.

Notary Public - State of Texas

RECORDER'S MEMORANDUM:At th9 time of recordation, this illstrum:~t ~.~~foum.l to be Inadequate for the ~e~t.photo;" '. .reproduction because of illegibility, c~,~~_photo copy, discolored paper, etc. All b.o,,~,.:additions and changes were preg,,~," d," .,.the Instrument was filad and recorded.