the --=-;j~?. · ±l@vi i … · realmanage, managing agent kristi ann, director of community...

16
20140179336 04/30/2014 ER $72.00 NOTICE C SUPPLEMENTAL NOTICE OF DEDICATORY INSTRUMENTS for PARK LAKES PROPERTY OWNERS ASSOCIATION, INC. THE STATE OF TEXAS COUNTY OF I-IARRIS The undersigned, being the Managing Agent for Park LakeS Property Owners Association, Inc., a property. owners association as defined in Section 202.001 of the Texas Property Code {"the Association"), hereby supplements the "Notite of .Dedicatory Instruments for Park Lakes Property Owners Association, Inc.', "Supplemental Notice of Dedicatory Instrument for Park Lakes Property Owners AsSociation, Inc.", "Supplemental Notice of Dedicatory Instrument for Park Lakes Property Owners AssociatiOn, Ind.", "Supplemental Notice of Dedicatory Instrument for Park Lakes Property Owners Association, Inc.", "Supplemental Notice of Dedicatory Instrument for Park Lakes Property Owners Association, Inc.", 'Supplemental Notice of Dedicatory Instrument for Park Lakes Property Owners Association, Inc.", "Supplemental Notice of Dedicatory Instruments for Park Lakes Property Owners Association, Inc.", "Supplemental Notice of Dedicatory Instruments for Park Lakes r•-• Property Owners Association, Inc.' and .4Supplernental Notice of Dedicatory Instruments for Park. Lakes Property Owners Association, Inc." filed of record in the Official Public Records of Real Property of Harris County, Texas under Harris County File Clerk's Nos. Y189773, (NJ 2268435, 200743418.10, 20080061200, 20100252832, 20110392102, 201200741.3.3, 20120197779 ant 20.130055575 ("Notice"), which Notice was filed of record .for the purpoSe of CD complying with Section 202.006 of the Texas Property-Code. 0 Additional Dedicatory Instrument, In addition to the Dedicatory Instruments identified CC in the Notice, the following document is .a Dedicatory Instrument governing the W Association, Amended and Restated By-Laws of Park Lakes Property Owners Association, Inc. A true. and correct copy of such Dedicatory Instrument is .attached to this Supplemental Notice. This Supplemental Notice is being recorded in the Official Public Records of Real Property of Harris County, Texas for the purpose of complying with Section 202.006 of the Texas Property Code. I hereby certify that the information set forth in this Supplemental Notice is true and correct and that the copy of the Dedicatory Instrument attached to this Supplemental Notice is a true and correct copy of the original, Executed on this 0 2c: 7 day of )1 / 1 , 2014. PARK LAKES PROPERTY OWNERS ASSOCIATION, INC IOR By: RealManage, Managing Agent Kristi ann, Director of Community Association Manager Supplemental Notice of Dedicatory Instruments for Park Lakes Page 1 of 2 <D LO 0 a: w NOTICE c 20140179336 04/30/2014 ER $72.00 SUPPLEMENTAL. NOTICE OF DEDICATORY INSTRUMENTS f(Jr PARI( LAKES PROPERTY OWNERS ASSO. CIATI ON, INC. THE STATE OF TEXAS § COUNTY OF HARRI'S The undersigned, being the .Managing Agent for Park Lakes · Property Owners Assotiatlon, Inc., a property. -owner's .association as defined in Section 202.001 of the Texas ·Property Cooe ("the Assodatior.i''), hereby supplements the "NotiCe of -Dedlcatory Instruments for Park Lakes Property ·Owners Association, Inc."; "Supplement.al Notice of .Dedicatory Instn:i ment for Par-1< Lakes Pr:op. erty Owners Associatlol"l, Inc.", "Supptemental Notice : of ·Dedicatory Instrument for .:Park lakes Property owners Association, Int:", Notice 'of Instrument far Park Property · .Owners A:ssociation, Inc:", "Supplemental Notice of Instr;ument for Park. · takes :Property Owner.s Assodatic;>n, Inc.", ''Supplement!'il of Dedicatory Instrument for Park · 'Lakes .Property Owf!ers Association, Inc,n , ' "Supplemental Notice of Dedicatory Instr uments fur Park Lakes .Property O.wners Assocl<3tio11, Inc.", Notice · Of Ded ica. tory for Park Lakes Property Owners . inc." a11d "Supplemental Notice of Dedicat{)ry Instruments for Park Lakes Preperty · owners Assodati.on, Inc.H filed of record in the· Official ·Public of Beal Property of H('lrrJs ·County, under Harns · Co. unty File ·Clerk''$ Nos. Yl-8977.3. , Z26843.5., 20100252832, 20.110392102, and ('tNotice' "), which N. otlce was med of record :for the purpo5e of complying with Sed.)on 202.001? of · the Texas Property-Code. Additional Dedicatory tnstrument. In addition to the Dedicatory Instruments identified in the Notice, the following doc ument is .a Ded i catory Instrument -governir:ig the Association. Amended and Restated By-Laws of . Par.I< · Lakes P.roperty Owners AsS.ociation, Irie:. A . true and ·correct copy of such Dedi catory Instrument Is attached to this Supplernen·tal Notice. Thi·s Supplemental Notice is bei11g recorded .in .the Official Public Records of Real PropertY of Harris County, Texas for the pur:pose :of complying with_ Sectioti 202.006 of the Te)(as Property Code. I hereby .ce:rttfy · that the information set forth In this Supplemental Ndtlce is true a8d · correct .and that the -copy of the . Dedicatory lnstriJment attachea to tti 1s Supplementa·I Notice is a trae -ar:id rori'ect copy of the ortgir;ial. Executed on this day Of ±l@vi I I 2014, PARK LAKES PROPERTY OWNERS A SSGCIATIO · N, INC. By: Managing Agent I . 41 A"' / ·- · ---- -- ann, Director of Community Association Manager Supplementaf Notice of Ded;catory Instruments for Park Lakes Page 1of2 10R

Upload: others

Post on 22-Aug-2020

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: the --=-;J~?. · ±l@vi I … · RealManage, Managing Agent Kristi ann, Director of Community Association Manager Supplemental Notice of Dedicatory Instruments for Park Lakes Page

20140179336 04/30/2014 ER $72.00

NOTICE C

SUPPLEMENTAL NOTICE OF DEDICATORY INSTRUMENTS for

PARK LAKES PROPERTY OWNERS ASSOCIATION, INC.

THE STATE OF TEXAS

COUNTY OF I-IARRIS

The undersigned, being the Managing Agent for Park LakeS Property Owners Association, Inc., a property. owners association as defined in Section 202.001 of the Texas Property Code {"the Association"), hereby supplements the "Notite of .Dedicatory Instruments for Park Lakes Property Owners Association, Inc.', "Supplemental Notice of Dedicatory Instrument for Park Lakes Property Owners AsSociation, Inc.", "Supplemental Notice of Dedicatory Instrument for Park Lakes Property Owners AssociatiOn, Ind.", "Supplemental Notice of Dedicatory Instrument for Park Lakes Property Owners Association, Inc.", "Supplemental Notice of Dedicatory Instrument for Park Lakes Property Owners Association, Inc.", 'Supplemental Notice of Dedicatory Instrument for Park Lakes Property Owners Association, Inc.", "Supplemental Notice of Dedicatory Instruments for Park Lakes Property Owners Association, Inc.", "Supplemental Notice of Dedicatory Instruments for Park Lakes

r•-• Property Owners Association, Inc.' and .4Supplernental Notice of Dedicatory Instruments for Park. Lakes Property Owners Association, Inc." filed of record in the Official Public Records of Real Property of Harris County, Texas under Harris County File Clerk's Nos. Y189773,

(NJ 2268435, 200743418.10, 20080061200, 20100252832, 20110392102, 201200741.3.3, 20120197779 ant 20.130055575 ("Notice"), which Notice was filed of record .for the purpoSe of

CD complying with Section 202.006 of the Texas Property-Code.

0 Additional Dedicatory Instrument, In addition to the Dedicatory Instruments identified

CC in the Notice, the following document is .a Dedicatory Instrument governing the W Association,

Amended and Restated By-Laws of Park Lakes Property Owners Association, Inc.

A true. and correct copy of such Dedicatory Instrument is .attached to this Supplemental Notice.

This Supplemental Notice is being recorded in the Official Public Records of Real Property of Harris County, Texas for the purpose of complying with Section 202.006 of the Texas Property Code. I hereby certify that the information set forth in this Supplemental Notice is true and correct and that the copy of the Dedicatory Instrument attached to this Supplemental Notice is a true and correct copy of the original,

Executed on this 02c:7 day of )1/1

, 2014.

PARK LAKES PROPERTY OWNERS ASSOCIATION, INC IOR

By:

RealManage, Managing Agent

Kristi ann, Director of Community Association Manager

Supplemental Notice of Dedicatory Instruments for Park Lakes

Page 1 of 2

<D LO 0

a: w

NOTICE c

20140179336 04/30/2014 ER $72.00

SUPPLEMENTAL. NOTICE OF DEDICATORY INSTRUMENTS f(Jr

PARI( LAKES PROPERTY OWNERS ASSO.CIATION, INC.

THE STATE OF TEXAS :§ §

COUNTY OF HARRI'S .§

The undersigned, being the .Managing Agent for Park Lakes · Property Owners Assotiatlon, Inc., a property. -owner's .association as defined in Section 202.001 of the Texas ·Property Cooe ("the Assodatior.i''), hereby supplements the "NotiCe of -Dedlcatory Instruments for Park Lakes Property ·Owners Association, Inc."; "Supplement.al Notice of .Dedicatory Instn:iment for Par-1< Lakes Pr:op.erty Owners Associatlol"l, Inc.", "Supptemental Notice :of ·Dedicatory Instrument for . :Park lakes Property owners Association, Int:", ~·supl'lemehtal

Notice 'of t>~dlcatory Instrument far Park Lak~ Property · .Owners A:ssociation, Inc:", "Supplemental Notice of Oedica~or-Y Instr;ument for Park. ·takes :Property Owner.s Assodatic;>n, Inc.", ''Supplement!'il No~ice of Dedicatory Instrument for Park · 'Lakes .Property Owf!ers Association, Inc,n, '"Supplemental Notice of Dedicatory Instruments fur Park Lakes .Property O.wners Assocl<3tio11, Inc.", ~'Supplemental Notice ·Of Dedica.tory Instrument~ for Park Lakes Property Owners As~oclation, .inc." a11d "Supplemental Notice of Dedicat{)ry Instruments for Park Lakes Preperty ·owners Assodati.on, Inc.H filed of record in the· Official ·Public ~ecords of Beal Property of H('lrrJs ·County, T~as under Harns ·Co.unty File ·Clerk''$ Nos. Yl-8977.3., Z26843.5., 2.Q070~41Rl0, 200~0061200, 20100252832, 20.110392102, 20.1200~74l3.3, 20~20'197779 and 201~00.SS575 ('tNotice'"), which N.otlce was med of record :for the purpo5e of complying with Sed.)on 202.001? of·the Texas Property -Code.

Additional Dedicatory tnstrument. In addition to the Dedicatory Instruments identified in the Notice, the following document is .a Dedicatory Instrument -governir:ig the Association.

Amended and Restated By-Laws of . Par.I< · Lakes P.roperty Owners AsS.ociation, Irie:.

A .true and ·correct copy of such Dedicatory Instrument Is attached to this Supplernen·tal Notice.

Thi·s Supplemental Notice is bei11g recorded .in .the Official Public Records of Real PropertY of Harris County, Texas for the pur:pose :of complying with _ Sectioti 202.006 of the Te)(as Property Code. I hereby .ce:rttfy· that the information set forth In this Supplemental Ndtlce is true a8d ·correct .and that the -copy of the . Dedicatory lnstriJment attachea to tti1s Supplementa·I Notice is a trae-ar:id rori'ect copy of the ortgir;ial.

Executed on this --=-;J~?._·_ day Of ±l@vi I I 2014,

PARK LAKES PROPERTY OWNERS A SSGCIATIO·N, INC.

By: ~ea'IManpge, Managing Agent

I . ~tAJt& 41 A"' / ·- ·------

~ ann, Director of Community Association Manager

Supplementaf Notice of Ded;catory Instruments for Park Lakes Page 1of2

10R

Page 2: the --=-;J~?. · ±l@vi I … · RealManage, Managing Agent Kristi ann, Director of Community Association Manager Supplemental Notice of Dedicatory Instruments for Park Lakes Page

'ff47*. SHARLENE RAE RHEA MY OOMMISSiON EXPIREF.

.FehMaryg 2017

Public In and for the State of Texas

THE STATE OF TEXAS 6

COUNTY OF HARRIS

5-EFORE -ME, the undersigned notary public, on this rr:/ day of 2014 personally appeared Kristi .1-1arnann, DireCtor of Community .Associatiors• Manager for FtealM:anage, Managing .Agent for Park 'Lakes Property Owners Association, Inc., know.n to me to be the persOn whose name is subscribed to the foregoing Instrument, and ecknOWledged to me that she executed the same for the ;Purpose and in the capacity therein expressed,

• Supplemental Notice of Dedicatory Instruments for Perk Lakes Page 2 of 2

<.D LO 0

a: w

THE ST ATE OF TEXAS § §

COUNTY OF HARRIS §

BEFORE ME, the undersigned notary public, 011 this JCJ .day of li~(i (_, 2014 personally appear;-ed Kristi ,Hamann, Dir.ecitor of .Commun~ty As?oda~ager for RealManage, Manag>ng .Agent for Park ·Lakes P.r.operty Owners Association, inc., known .to me to be the person whose name I s· .Subscribed to ·the· foregoing Instrument , and :acknowledged to me that she executred the sam~ for the ,purpose .an·d in the ca,Paclty thereln .expressed, ·

j "'-!'";&,. \ A'·tr.'·· :#~ SHARU:NE RAE RHEA iii,•~-: .. •·•y COMM! . . . ~1\f.. .i/ IV'. ·.· SSJON EXPIRE$ '

. 1 '" ,?f: •• ~- · February.27, 2017

Supplemental Notice of Dedicatory Jnstrutne:nt.s for P<'rk l...dkes Page2 .of 2

Page 3: the --=-;J~?. · ±l@vi I … · RealManage, Managing Agent Kristi ann, Director of Community Association Manager Supplemental Notice of Dedicatory Instruments for Park Lakes Page

AMENDED AND RESTATED BY-LAWS of

PARK LAKES PROPERTY OWNERS ASSOCIATION, INC.

Park Lakes Property Owners Association, Inc. (the "Association"), is the association referred in the "Declaration of Covenants, Conditions and Restrictions for Canyon Gate at Park TEE Lakes and Canyon Village at Park Lakes" {the "Declaration"), filed of record In the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No. Y128704, as amended. Terms used In these By-Laws shall have the same meanings given to them in the Declaration, unless otherwise specifically provided herein. In the event of any conflict between the terms and provisions of these By-Laws and the Declaration, the Declaration shall control,

ARTICLE I OFFICES

Section Li Principal Ofnce. The principal office of the Association shall be located in (NI the State of Texas at such place as the Board of Directors may determine or as the affairs of

the Association may require from time to time. CD LC) ARTICLE II

MEMBERS. MEETINGS AND VOTING RIGHTS

Section 2.1. Members. Each Owner of a Lot in the Subdivision shall be a member in the Association and such membership shall terminate automatically when such ownership ceases. Upon the transfer of owner-ship of a lot, the new Owner thereof shall, concurrently with such transfer, become a member in the Association. There shall be two classes of voting membership, as follows:

Class A. Class A members shall be all Owners, with the exception of Developer, and shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds an interest in any Lot, al! such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one (I) vote be cast with respect to any Lot. Holders of future interests not entitled to present possession shall not be considered as Owners for the purposes of voting hereunder.

Class B. The Class B member(s) shall be Developer, or its successors or assigns so designated in writlric by Developer, and shall be entitled to seven (7) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership at the end of the Developer Control Period.

No member snail have any right or interest in the assets of the Association, including, without limitation, any right to distribution of assets in the event of the liquidation, dissolution or winding up of the Association, whether voluntary or Involuntary.

Section 2.2. Votlna Rights. No Owner shall be entitled to vote at any meeting of the Association until such Owner has presented evidence of ownership of a lot to the Association. In the event that ownership interests in a Lot are owned by more than one member of the Association, such members shall exercise their right to vote in such manner as they may

Amendcd and Restated Ely-Laws of Park Lakes Property Owners Associatior], Inc. Page 1 of 13

<D LO 0

a: w

AMENDED AND RESTATED BY-LAWS of

PARK LAKES PROPERTY OWNERS ASSOCIATION, INC.

Park Lakes Property Owners Association, Inc. (the "Associat ion"), is the association referred in the "Declaration of Covenants, Condltlons and Restrictions for Canyon Gate at Park 2EE Lakes and Canyon VIilage at Park Lakes" {the "Dedaratlon"), filed of record In the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No. Y128704, as amended. Terms used In these By-Laws shall have the same meanings given to them in the Declaration,- unless otherwise specffically provided herein. In the event of any conflict between the terms and provisions of these By-Laws and the Declaratlon, the Declaration shall control.

ARTICLE I OFFICES

Section 1.1 . Principal Office. The principal office of the Association shall be located in the State of Texas at such place as the Board of Directors may determine or as the affairs of the Association may require from time to time. ·

ARTICLE II

MEMBERS. MEETINGS AND VOTING RIGHTS

Section 2.1. Members. Each Owner of a Lot in the Subdivision shall be a member In the Association and such membership shall terminate automaticalty when such ownership ceases. Upon the transfer of ownership of a lot, the new Owner thereof shall, concurrently with such transfer, become a member In the Association. There shall be two classes of voting membership, as follows:

Class A. Class A members shall be all Owners, with the exception of Developer, and shall be entitled to one (1} vote for each Lot owned. When more than one (1) person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but In no event shall more than one (1) vote be cast with respect to any Lot. Holders of future Interests not entit led to present possession shall not be considered as Owners for the purposes of voting hereunder.

Class B. The Class B member(s) shall be Developer, or .its successors ·or assigns so designated In writing by Developer, and shall be entit led to seven (7) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership at the end of the Developer Control Period.

No member shall have any right or interest In the assets of the Association, Including, without limitation, any right to distribution of assets in the event of the liquidation, dissolution or winding up of the Association, whether voluntary or Involuntary.

Section 2.2. Voting Rlgh~. No Owner shall be entitled to vote at any meeting of the AssociatiOn until such Owner has presented evidence of ownersh ip of a lot to the Assoclatlon . In the event that ownership interests In a Lot are owned by more than one member of the Association, such members shall exercise their right to vote in such manner as they may

Amended and Restated By-Laws of Park Lakes Property Owners Association, Inc. Page 1of13

Page 4: the --=-;J~?. · ±l@vi I … · RealManage, Managing Agent Kristi ann, Director of Community Association Manager Supplemental Notice of Dedicatory Instruments for Park Lakes Page

05

6 -

27

- 1

71

5

among themselves determine, but in no event shall more than one vote be cast for each lot owned by a Class A Member or more than seven (7) votes for each lot owned by a Class B Member. The Board shall be entitled to rely on any vote cast by any co-owner of a Lot, unless prior written notice signed by a majority of the co-owners has been received by the Board designating one of the co-owners to exercise the vote for the vote to be taken. All members of the Association may attend meetings of the Association and they may exercise their vote at such meetings either In person or proxy. Fractional votes, split votes and cumulative voting will not be permitted.

Section 2.3. Developer Control Period. The phrase "Developer Control Period" shall mean the later of: (a) the last vacant Lot in the Property is sold to an Owner, other than the Developer or a Builder, or; (b) December 31, 2020. Developer may also end the Class B Membership in the corporation at any time (also referred to as the Developer Control Period in the Declaration) by written notice to the Board of Directors of the corporation of Developer's decision to end the Developer Control Period.

Section 2.4. Annual Meetings. An annual meeting of the members shall be held at the principal office of the Association or at such other place as may be designated in writing by the Board on the day and at the hour specified in the notice, for the purpose of electing Directors and for the transaction of such other business as may properly come before the meeting,

Section 2.5 Special Meetings. Special meetings of the members may be called at any time by the President, a majority of the Board of Directors, or members representing not less than ten percent (10%) of the votes entitled to be cast in the Association.

Section 2.6. Place of Meetino. The Board of Directors may designate any place within the State of Texas as the place of meeting for any annual meeting or for any special meeting called by the Board of Directors. If no designation is made or If a special meeting be otherwise called, the place of meeting shall be the principal office of the Association; but if all of the members shall meet at any time and place, within the State of Texas, and consent to the holding of a meeting, such meeting shall be valid without call or notice, and at such meeting any corporate action may be taken.

Sectjpn V Make oj Meetings. Written notice of each annual or special meeting of the Association shall be sent to each Member's address listed with the Association, stating the purpose of the meeting, as well as the time and place where It is to be held. Such notice may be delivered personally, by mail, by facsimile, and to the extent expressly authorized by statute, by electronic message. If a Member desires that notice be given at an address other than the Lot, the Member shall provide the alternative address for the purpose of receiving notice in writing to the Secretary. Notice by facsimile must be sent to the facsimile number provided to the Association In writing by that Member. Notice shall be served not less than ten (10) nor more than sixty (60) clays before a meeting. If mailed, the notice of a meeting shall be deemed to be delivered when deposited in the United States mail, first class postage pre-paid, addressed to the Member. If faxed, the notice shall be deemed to be delivered as of the date and erne shown on a written confirmation that the facsimile was successfully transmitted. If sent by electronic message, the notice shall be deemed to be delivered as provided by applicable statute. The Association may use any other means to deliver a notice of a meeting that may become available with advancements in technology, provided that notice by such means Is authorized by statute.

Section 2.8. Unanimous Consent. Any action required by law to be taken at a meeting of the members, or any action that may be taken at a meeting of members, may be

Amended and Restated 6y-Laws of Park Lakes Prooerty Owners Association, Inc, Page 2 of 13

<D LO 0

a: w

among themseives determine, but in no event shall more than one vote be cast for each lot owned by a Class A Member or moie than seven (7) votes for each lot owned by a Class B Member. The Board shall be entitled to rely on any vote cast by any co-owner of a Lot, unless prior written notice signed by a majority of the co-owners has been received by the Board designating one of the co-owners to exercise the vote for the vote to be taken. All members of the Association may attend meetings of the Association and they may exercise their vote at such meetings either In person or proxy. Fractional votes, split votes and cumulative voting will not be permitted.

Section 2.3. Developer Control Period. The phrase "Developer Control Period" shall mean the later of: (a) the last vacant Lot In the Property is sold to an Owner, other than the Developer or a Builder, orj {b) December 31, 2020. Developer may also end the Class B Membership In the corporation at any time (also referred to as the Developer Control Period in the Declaration) by written notice to the Board of Directors of the corporation of Developer's decision to end the Developer Control Period.

Section 2.4. Annual Meetings. An annual meeting of the members shall be held at the principal _office of the Association or at such other place as may be designa~ed in writing by the Board on the day and at the hour specified in the notice, for the purpose of electing Directors and for the transaction of such other business as may properly come before the meeting.

Section 2.5 Special Meetings. Special meetings of the members may be called at any time by the President, a majority of the Board of Directors, or members representing not less than ten percent (10%) of the votes entitled to be cast In the Association.

Section 2.6. Place of Meetino. The Board of Directors may designate any place within the State of Texas as the place of meeting for any annual meeting or for any special meeting called by the Board of Directors. If no designation is made or If a special meeting be otherwise called, the place of meeting shall be the principal office of the Association; but If all of the members shall meet at any time and place, within the State of Texas, and consent to the holding of a meeting, such meeting shall be valid without call or notice, and at such meeting any corporate action may be taken.

Section 2.7. Notice of Meetings. Written notice of each annual or special meeting of the Association shall be sent to each Member's address listed with the Association, stating the purpose of the meeting, as well as the time and place where It Is to be held. Such notice may be delivered personally, by mail, by facsimile, and to the extent expressly authorized by statute, by electronic message. If a Member desires that not ice be given at an address other than the Lot, the Member shall provide the alternative address for the purpose of receMng notice In writing to the Secretary. Notice by facsimile must be sent to the facslrnlle number provided to the Association In writing by that Member . . Notice shall be served not less than ten (10) nor more than sixty (60) days before a meeting. If mailed, the notice of a meeting shall be deemed to be delivered when deposited in the United States mail, first class postage pre­paid, addressed to the Member. If faxed, the notice shall be deemed to be delivered as of the date and time shown on a written confirmation that the facsimlle was successfully transmitted. If sent by electronic message, the notice shall be deemed to be delivered as provided by applicable statute. The Association may use any other means to deliver a notice of a meeting that may become avallable with advancements in technology, provided that notice by such means Is authorized by statute.

Section 2.8. Unanjmous Consent. Any action required by law to be taken at a meeting of the members, or any action that may be taken at a meeting of members, may be

Amended and Restated By-Laws of Park Lakes Property Owners Association, Inc. Page2of 13

Page 5: the --=-;J~?. · ±l@vi I … · RealManage, Managing Agent Kristi ann, Director of Community Association Manager Supplemental Notice of Dedicatory Instruments for Park Lakes Page

taken without a meeting if a consent In writing, setting forth the action to be taken, shall be signed by all of the members entitled to vote with respect to the subject matter thereof.

Section 2.9. Quorum. The members holding ten percent (ID%) of the total number of votes in the Association entitled to be cast (as defined in Sect•on 2.2) shall constitute a quorum at any meeting of members. If a quorum s not present at any meeting of members, a majority of the members present and entitled to cast votes may adjourn and reconvene the meeting from time to time without further notice, until a quorum shall be present or represented. At such reconvened meetings, at which a quorum shall be present or represented by proxy, any business may be transacted as was set out in the notification of the original meeting.

Section 2.10. Proxies, Absentee and _Electronic Ballots. Only the official proxy promulgated by the Board of Directors for the meeting in question will be honored at the meeting. All proxies shall be in writing and flied with the Association betre the appointed time of each meeting. Every proxy shall be revocable and shall automatically cease upon (i) conveyance by the Member of the Members interest in a Lot; (ii) receipt of notice by the Secretary of the death or judicially declared incompetence of a Member; (ill) receipt of written revocation; or, (iv) expiration of eleven (11) months from the day of the proxy. In the event a Member executes more than one (1) proxy, the proxy with the most current date shall be valid. Proxies not delivered prior to the start of any meeting shall not be valid. To the extent authorized by law, and in the format approved by the Board or Directors, voting rights of a member may also be exercised by absentee and electronic ballots.

Section 2.11, Ma-loritv Vote. Except as otherwise provided by law, In the Declaration, Articles of Incorporation or in these By-Laws, all action to be taken or authorized by the members shall be deemed validly taken or authorized upon the approval of a majority of the votes entitled to be cast by the members present, or represented by proxy, at a meeting at which a quorum is present.

Section 2.12. Cumulative Voting. At all meetings of the Association, cumulative voting shall not be permitted.

Section 2.13,. Record Date. The record date for determining the members entitled to vote at a members' meeting shall be the date determined by the Board of Directors or if not defined the close of business on the day preceding the date of the meeting.

ARTICLE III

BOARD OF DIRECTORS

Section 3.1. NLInber. Qualifications and VotLnc.

a. Number. Until the end of the Developer Control Period, the affairs of the Association shall be governed by a Board of Directors composed of five (5) Directors (plus Ex Officio Directors, in accordance with subsection c.) as follows:

three (3) Directors shall be appointed from time-to-trne by the Developer ("Developer Directors"); and

• two (2) Directors shall be elected by members of the Association (exciud:ng the Developer). Such Dlrectors

Amended and Restated 8y-Laws of Park Lakes Property Owners Association, Inc. Pape 3 of 13

c.o .,..... ,........ .,.....

c.o L{) 0

0:: w

taken without a meeting If a consent in writing, setting forth the action to be taken, shall be signed by all of the members entit led to vote with respect to the subject matter thereof.

Section 2.9. Quorum. The members holding ten percent (10%) of the total number of votes in the Association entitled to be cast (as defined in Section 2.2) shall constitute a quorum at any meeting of members. If a quorum is not present at any meeting of members, a majority of the members present and entitled to cast votes may adjourn and reconvene the meeting from time to t ime without further · notice, until a quorum shall be present or represented. At such reconvened meetings, at which a quorum shall be present or represented by proxy, any business may be t ransacted as was set out In the not ification of the original meeting. ·

Sectjon 2.10. Proxies, Absentee and Electronic §allots. Only the official proxy promulgated by the Board of Directors for the meeting in question wlll be honored at the meeting. All proxies shall be In writing and flied with the Association before the appointed time of each meeting. Every proxy shall be revocable and shall automatically cease upon (i) conveyance by the Member of the Member's interest in a Lot; (Ii) receipt of notice by the Secretary of the death or judicially declared incompetence of a Member; (Ill) receipt of written revocation; or, (iv) expiration of eleven (11) months from the day of the proxy. In the event a Member executes more than one (1) proxy, the proxy with the most current date shall be valid. Proxies not delivered prior to the start of any meeting shall not be valid. To the extent authorized by law, and In the format approved by the Board of Directors, voting rights of a member may also be exercised by absentee and electronic ballots ,

Section 2.11. Majority Vow. Except as otherwise provided by law, In the Declaration, Artides of Incorporatton or In these By-Laws, all action to be taken or authorized by the members shall be deemed validly taken or authorized upon the approval of a majority of the· votes entitled to be cast by the members present, or represented by proxy, at a meeting at wh lch a quorum is present.

Section 2.12. QJrou!atlve Voting. At all meetings of the Association, cumulative voting shall not be permitted. ·

Section 2 ,_:1,.3,. Record Date. The record date for determining the members entitled to vote at a members' meeting shall be the date determined by the Board of Directors or if not defined the close of business on the day preceding the date of the meeting.

ARTICLE III

BOARD OF o I RECTORS

Section 3. 1. Number. Qualificatlons and Voting.

a. Number. Until the end of the Developer Control Period, the affairs of the Association shall be governed by a Board of Directors composed of five (5) Directors (plus Ex Officio Directors, In accordance with subsection c.) as follows: ·

• three (3) Directors shall be appointed from t lrne-to­tlme by the Developer ("Developer Directors") ; and

• two (2) Directors shall be elected by members of the Association (excluding the Developer). Such Directors

Amended and Restated By-Laws of Park Lakes Property Own~rs Association, Inc. Page 3of13

Page 6: the --=-;J~?. · ±l@vi I … · RealManage, Managing Agent Kristi ann, Director of Community Association Manager Supplemental Notice of Dedicatory Instruments for Park Lakes Page

056 - 2

7 - 1

717

must be members of the Association ("Resident Directors").

b. pkeotor Qualifications. All Resident Directors must be members of the Association or a representative of a corporation or other business entity that is a member of the Association, Developer Directors need not be members of the Association.

No Director may serve if he or she has ever been convicted of a felony or crime involving moral turpitude by a court of competent jurisdiction. A candidate who has been convicted of a felony or crime Involving moral turpitude is not eligible to be nominated for, elected or appointed to the Board of Directors. It is understood and agreed by all Directors and those members seeking nomination, election or appointment to the Board of Directors as a Director, that background checks may be performed to ensure no Directors have ever been convicted_ of a felony by a cour of competent jurisdiction.

If after being elected or appointed to the Board, a Director is convicted of a felony or crime involving moral turpitude by a court of competent jurisdiction, the Director shall be immediately removed from the Board, without the need for further action by the members or the Board.

c. Ex Officio Directors. As determined by the Board each year and set forth In the notice of the annual meeting, the members may elect up to five (5) ex officio Directors (as that term is defined in Section 22.210 of the Texas Business Organizations Code) ("Ex Officio Directors"). As used in these Bylaws, the term "Director(s)" and "Board of Directors" shall not include Ex Officio Director(s), unless otherwise indicated. The term of office of Ex Officio Directors will be one (1) year, which term shall run from annual meeting to annual meeting. Should there not be a quorum at an annual meeting, Ex Officio Directors will be elected in the same format as Directors of the Association In accordance with Section 3,2. Ex Officio Directors will be elected at the same time and in the same manner as Directors under Section 3.2. The Director candidate(s) receiving the most votes each year will be elected to the Director positions, the remaining Director candidates receiving the next most votes will be elected to open Ex Officio positions. Ex Officio Directors may be removed from office at any time by a majority vote of the Board. Ex Officio Directors shall not count towards quorum for meetings of the Board nor be entitled to vote as a Director. Ex Officio Directors shall, however, be entitled to receive notice of and attend Board Meetings.

d. Voting. Directors shall each be entitled to one (1) vote on all matters brought before the Board. Provided, however, in accordance with Article IV, Section 4,8 of the Declaration and Article II, Section 2.3 of these By-Laws and Section 22.202(a) of the Texas Business Organizations Code, which provides in pertinent part:

... If the corporation has a board of directors, the corporation may limit the authority of the board of directors to the extent provided by the certificate of information or bylaws.

Amended and Restated 5y-Laws of Park Lakes Property Owners Association, Inc. Page 4 of 13

CD LO 0

a: w

must be members of the Association ("Resident Di rectors").

b. Qirector Qualifications. All Resident Directors must be members of the Association or a representative of a corporation or other business entity that is a member oMhe Association. Developer Directors need not be members of the Association.

No Director may serve if he or she has ever been convicted of a felony or crime involving moral turpitude by a court of competent jurisdiction. A candidate who has been convlcted of a felony or crime Involving moral t urpitude Is not ellglble to be nominated for, elected or appointed to the Board of Directors. It is understood and agreed by all Directors and those members seel<lng nomination, election or appointment to the Board of Directors. as a Director, that background checks may be performed to ensure no Directors have ever been convicted of a felony by a court of competent jurisdiction. -

If after being elected or appointed to the Board, a Director ls convicted of a felony or crime involving moral turpitude by a court of competent jurisdiction, the Director shall be immediately removed from the Board, without the need for further action by the members or the Board.

c. Ex Officio Directors. As determined by the Board each year and set forth In the notice of the annual meeting, the members may elect up to tlve (5) ex officio Directors (as that term Is defined in Section 22.210 of the Texas Business Organizations Code) (''Ex Officio Directors"). As used in these Bylaws, the term "Director(s)" and "Board of Directors" shall not include Ex Officio Director(s), unless otherwise lndlcate~L The term of office of Ex Officio Directors wlll be one (1) year, which term shall run from annual meeting to annual meeting. Should t here not be a quorum at an annual meeting, Ex Officio Directors will be elected in the same format as Directors of the Association In accordance with Section 3.2. Ex Officio Directors will be elected at the same time and in the same manner as Directors under Section 3.2. The Director candldate(s} receiving the most votes each year will be ·elected to the Director positions, the remaining Director candidates receiving the next most votes will be elected to open Ex Officio positions. Ex Officio Directors may be removed from omce at any time by a majority vote of the Board. Ex Officio Directors shall not count towards quorum for meetings of the Board nor be entitled to vote as a Director. Ex Officio Directors shall, however, be entltled to receive notice of and attend Board Meetings.

d. Voting. Directors shall each be entitled to one (1) vote on all matters brought before the Board. Provided, however, in accordance with Article IV, Section 4.8 of the Declaration and Article II, Section 2.3 of these By­~aws and Section 22.202(a) of the Texas Business Organizations Code, which provides in pertinent part:

.,. It the corporation has a board of directors, the corporation may limit the authority of the board of directors to the extent provided by the certificate of information or bylaws.

Amended and Restated By-Laws of Park Lakes Property Owners Association, Inc. Page 4of13

Page 7: the --=-;J~?. · ±l@vi I … · RealManage, Managing Agent Kristi ann, Director of Community Association Manager Supplemental Notice of Dedicatory Instruments for Park Lakes Page

05

6 -

27

- 1

71

8

It is expressly understood and agreed that by and through the appointment or election to the Board, each Director and Ex Officio Director understands and agrees that during the Developer Control Period, the Developer retains the right and power to veto or otherwise override decisions of the Board ("Developer Veto"), which decisions the Developer in its sole discretion deems not be in the best interests of the Association. For purposes of clarification and not limitation, a) decisions of the Board the Developer would deem not be in the bests Interests of the Association would include any decisions not in compliance with the Association's Declarations, Articles of Incorporation and by-Laws; and b) decisions of the Developer deems not to be in the best interests of the Association include:

(i) any amendment to the Declarations, Articles of Incorporation or By-Laws;

(ii) any material changes in the Board approved budget; and

(iii) any material changes in the Association's current contracts and service providers.

Provided, however, the Developer Veto Does not apply to contracts or agreements that financially benefit the Developer Or any of its affiliates.

The Developer Veto must be exercised by the Developer in writing within ten (10) calendar days of receiving a draft of the minutes from any meeting of the Board, which minutes must be forwarded to the Developer at the same time and in the same format they are forwarded to the Board for review. The draft of the minutes must be forwarded to the Board within five (5) business days after any meeting of the Board. No decisions of the Board will be valid until the time frame for the Developer's Veto has expired or Developer has otherwise approved the Board's oecision in writing.

Section 3.Z. Election. Commencing with the 2014 annual meeting of the Association and at every annual meeting until the end of the Developer Control Period, two (2) Resident Directors shall be elected, to serve a one (1) year term of office. At the first annual meeting of the members after the expiration of the Developer Control Period, the members shall elect five (5) Directors: one (1) position for a one (1) year term of office; two (2) positions for a two (2) year term of office; and three (3) positions for a three (3) year term of office. The candidate receiving the most votes will be awarded the positions with the longer terms of office.

The election of Directors shall be conducted at the annual meeting of the members as provided in this Section 3,2. Provided, however, if an election of Directors cannot be conducted at an annual meeting because a quorum is not established, any member who is present at the attempt to hold the annual meeting (at which quorum was not established) may notify the Board at that time of his/her desire to be a candidate for election to the Board. In addition, a member who is riot present at the time the annual meeting was called may notify the Association of his/her desire to be a candidate for election to the Board; provided that, the notice must be sent by email to the Secretary of the Association from an email address fcr which the identity of the Member submitting the self-nomination can be confirmed in writing and signed by the member and delivered to the Association at the address set forth in the

Amended and Restated 13y-Lows of Park Lakes Property Owners Association, Inc. Page 5 of 13

<D LO 0

a: w

It is expressly understood and agreed that by and through the appointment or election to the Board, each Director and Ex Officio Director understands and agrees that during the Developer Control Period, the Developer retains the right and power to veto or otherwise override decisions of the Board ("Developer Veto"), which decisions the Developer in its sole discretion deems not be in the best interests of the Association. For purposes of clarification and not limitation, a) decisions of the Board the Developer would deem not be in the bests Interests of the Association would include any decisions not In compliance with the Association's Declarations, Articles of Incorporation and by-Laws; and b) decisions of the Developer deems not to be in the best interests of the Association Include:

(i)

(ii)

any amendment to t.he Declarations, Artides of Incorporation or By-Laws;

any material changes in the Board approved budget; and

(iii) any material changes in the Association's current contracts and service providers.

Provlded, however, the Developer Veto does not apply to contracts or agreements that financially benefit the Devel_oper or any of Its affiliates.

The Developer Veto must be exercised by the Developer in writing within ten (10) calendar days of receiving a draft of the minutes from any meeting of the Board, which minutes must be forwarded to the Developer at the same t ime and in the same format they are forwarded to the Board for review. The dra~ of the minutes must be forwarded to the Board within five (5) business days after any meeting of the Board. No decisions of the Board will be valid untll the time frame for the Developer's Veto has expired or Developer has otherwise approved the Board's decision in writing. ·

Section 3.2. Election. Commencing with the 2014 annual mE;!eting of the Association and at every annual meeting until the end of the Developer Control Period, two (2) Resident Directors shall be elected, to serve a one (1) year term of office. At the first annual meeting of

· the members after the expiration of the Developer Control Period, the members shall elect five ·(5) Directors: one (1) position for a one (1) year term of office; two (2) positions for a two (2) year term of office; and three (3) positions for a three (3) year term of office. The candidate receiving the most votes wlll be awarded the positions with the longer terms of office.

The election of Directors shall be conducted at the annual meeting of the members as provided in this Section 3.2. Provided, however, if an election of Directors cannot be conducted at an annual meeting because a quorurr is not established, any member who is present at the attempt to hold the annual meeting (at which quorum was not established) may notify the Board at that time of his/her desire to be a candidate for election to the Board. In addition, a member who Is not present at the time the annual meeting was called may notify the Association of his/her desire to be a candidate for election to the Board; provided that, the. notice must be sent by email to the Secretary of the ASsoclatlon from an emall address for which the ldentlty of the Member submitting the self-nomination can be conflrmed in writing and signed by the member and delivered to the Association at the address set forth in the

Amended and Restated By-Laws of Park Lakes Property Owners Association, Inc. Page 5of13

Page 8: the --=-;J~?. · ±l@vi I … · RealManage, Managing Agent Kristi ann, Director of Community Association Manager Supplemental Notice of Dedicatory Instruments for Park Lakes Page

05

6 -

27

- 1

71

9

most recently recorded management certificate required by Section 209.004 of the Code not later than five (5) business days after the date on which the annual meeting was called.

Not later than ten (10) business days after the date on which the annual meeting was called, the Association shall either (i) mail to each member of the Association a list of the candidates for election to the Board, together with a written ballot and instructions for returning the ballot, and/or (ii) notify each member of the Association that the Board has opted to utilize Section 209.00592 of the Code for an electronic balloting process, which includes the notification required by Section 209.00592(e) of the Code ("Voting Notice"). The list of candidates for election to the Board shall include:

(i) each person who notified the Board at the time the annual meeting was called of his/her desire to be a candidate for election to the Board, and

(ii) each person who timely notified the Association in writing of his/her desire to be a candidate for election to the Board after the date on which the annual meeting was called,

In the event there are no more candidates for the Board than there are positions, the mail balloting process described in this Section will not be necessary; in this event those candidates wilt be placed into office without the need for further action.

Each candidate may, but shalt not be required to, provide biographical information to the Assaciation to be included with the other information forwarded to the members of the Association which biographical information can be: mailed to all members; posted on the Association's website (if any); or, made available by other means approved by the Board. The biographical information shall be limited to personal information, work history, service on other boards, and the like; the information shall not include political statements or agendas, Information submitted by a candidate which includes political statements or agendas is not required to be sent by the Association to all members.

Members will have a period of twenty (20) days from the date the Voting Notice was either mailed or members notified in accordance with Section 209.00592(e) of the Code to (I) return ballots to the Association at the address set forth In the instructions, or (ii) vote electronically as directed. Only the balloting process authorized by the Board may be used in the election of Directors under this Section.

Proxies may not be used for the election of Directors under this Section and shall not be counted. Once a men-leer's vote has been cast, the member's vote cannot be thawed, No ballots shall be reviewed by anyone other than the vote tabulator(s), unless a member demands a recount in accordance with Section 209.007 of the Code ("Recount"),

The results of the election shall be posted in one (1) of the methods allowed for posting of Notices of Board meetings in accordance with Section 209.0051(e)(2)(A) of the Code as soon as the votes have been tabulated. The candidates(s) receiving the highest number of votes shall be elected, regardless of the total number of votes cast by the members. In the event of a tie, the vote tabulators will place the names of the candidates that have the tie vote in a container and draw the name of the winning candidate. If a member demands a Recount, the date that the results of the election are posted shall be the date on which the statutory period to request a recount commences.

Amended and Restated By-Laws of Park Lakes Property Owners Association, Inc. Page 6 of 13

<D LO 0

a: w

most recently recorded management certificate required by Section 209.004 of the Code not later than five (5) business days after the date on which the annual meeting was called .

Not later than ten (10} business days after the date on which the annual meeting was ca lled, the Association shall either (i} mall to each member of the Association .a list of the candidates for election to the Board, together with a written ballot and instructions for returning the ballot, and/or (II) notify each member of the Association that the Board has opted to utillze Section 209.00592 of the Code for an electronic balloting process, which includes the notlflcatlon required by Section 209.00592(e) of the Code ("Voting Notice"). The lfst of candidates for election to the Board shall Include:

(I) each person who notified the Board at the time the annual meeting was called of his/her desire to be a candidate for election to the Board, and

(ii) each person who timely notified the Association in writing of his/her desire to be a candidate for election to the Boaid after the date ·on which the annual meeting was calied.

ln the event there are no more candidates for the Board than there are positions, the mail bafloting process described In this Section will . not be necessary; in this event those candidates will be placed into office without the need for further action.

Each candidate may, but shall not be required to, provide biographical information to the Association to be included with the other information forwarded to the members of the Association which biographical information can be: malled to all members; posted on the Association's website (If any)i or, made avallable by other means approved by the Board. The biographical Information shall be limited to personal information, work history, service on other boards, and the like; the information shall not include political statements or agendas, Information submitted by a candidate which includes polltlcal statements or agendas is not required to be sent by the Association to all members.

Members will have a period of twenty (20) days from the date the Voting Notice was either malled or members notified in accordance with Section 209.00592(e) of the Code to (I) return ballots to the Association at the address set forth In the instructions, or (if) vote electronically as directed. Only the balloting process authorized by the Board may be used In the election of Directors under this Section.

Proxies may not be used for the election of Directors under this Section and shall not be counted. Once a member's vote has been cast, the member's vote cannot be changed. No ballots shall be reviewed by anyone other than the vote tabulator(s), unless a member demands a recount in accordance with Section 209.007 of the Code ("Recount"),

The results of the election shall be posted In one (1) of the methods allowed for posting of Notices of Board meetings in accordance with ·Section 209.0051(e)(2)(A)" of the Code as soon as the votes have been tabulated. The candidates(s) receiving the highest number of votes shall be elected, regardless of the total number of votes cast by the members. In the event of a tie, the vote tabulators will place the names of the candidates that have the tie vote In a container and draw the name of the winning candidate. If a member demands a Recount, the date that the results of the election are posted shall be the date on which the statutory period to request a recount commences.

Amended and Restated By-Laws of Park Lakes Property Owners Assoc/aUon, Inc. Page6of13

Page 9: the --=-;J~?. · ±l@vi I … · RealManage, Managing Agent Kristi ann, Director of Community Association Manager Supplemental Notice of Dedicatory Instruments for Park Lakes Page

056

- 27

- 1

720

Notwithstanding the fact that a person elected as a Director under this Section Is elected after the date the annual meeting was called, that Director's term shall expire as of the annual meeting of the members held in the third year after the year in which the Director is elected or, if the annual meeting cannot be held in that year due to a lack of quorum, the date the Director's successor is elected per the provisions of this Section.

Section 3.3. RemovaL and Vacancies. After the Developer's Control Period, any Director may be removed from the Board with or without cause, by the affirmative vote of members representing a majority of the total number of votes in the Association, at a special meeting called for such purpose. In such event, a successor for such removed Director shall be elected by a majority vote of the members of the Association in attendance at said special meeting. Vacancies in the Board of Directors caused by reasons other than removal snail be filled by the remaining Directors. The Board shall appoint Ex Officio Directors to vacant positions. The Ex Officio Director receiving the next most votes at the last Director election (whether at the annual meeting or by the mail balloting process set forth in Section 3.2) shall be appointed to the vacancy. In the case of a tie vote, the Board shall choose the Ex Officio Director to be appointed. A Director elected or appointed to fill a vacancy created on the Board shall serve for the unexpired term of his predecessor.

section 3.4. laieednos. A regular or special meeting of the Board of Directors may be called by or at the request of the President or any two Directors. The person or persons authorized to call meetings of the Board may fix any place, within the State, as the place for holding any meeting of the Board.

Section 3.5. Notice. Regular meetings of the Board of Directors may be held at such date, time, and place as shall be determined from time-to-time by a majority of the Directors. If the date of a regular meeting has not been previously agreed to by the Board, notice of a regular meeting of the Board of Directors may be given in the same manner as special meetings, except notice of the purpose of the meeting will not be necessary. The notice of special meetings shall specify the date, time, and place of the meeting and the purpose. The notice shall be given to each Director by any one of the following methods; (a) by personal delivery; (b) written notice by first class mail, postage prepaid; (c) by facsimile, or (d) by email. All such notices shall be given or sent to the Director's address, erne, or facsimile number as shown on the records of the Association. Notices sent by first class mail shall be deposited Into a United States mailbox, at least three (3) days before the time set for the meeting. Notices given by personal delivery, email, or facsimile shall be delivered or given at least three (3) days before the time set for the meeting. Any Director may waive notice of any meeting before or after the meeting by signed, written waiver. The attendance of a Director at any meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. The business to be transacted at the meeting must be specified in the notice or waiver of notice of any special meeting. Ex Officio Directors must also be given notice of Board meetings in accordance with this Section 3.5.

After the end of the Developer's Control Period, the Board of Directors must also give members notice of Board meetings (regular and special), including the date, hour, place, and general subject of the Board meeting, including a general description of any matter to be brought up for deliberation in closed executive session. A notice of meeting shall ee:

a. mailed to all members at least ten (10) days before the date of the meeting; or;

b. provided at least 72 hours before meeting by:

Page 7 of 13 Amended end Restated Dy-Laws of Park Lakes Property Owners Association, Inc.

CD LO 0

a: w

Notwithstanding · the fact that a person elected as a Di rector under th1s Section Is elected after the date the annual meeting was called, that Director's term shall expire as of the annual meeting of the members held In the third year after the year in which the Director is elected or, If the annual meeting cannot be held In that year due to a lack of quorum, the date the Director's successor is elected per the provisions of this Section.

Section 3 .3. Removal and Vacancies. After the Developer's Control Period, any Director may be removed from the Board with or without cause, by the affirmative vote of members representing a majority of the total number of votes in the Association, at a special meeting_ called for such purpose. In such event, a successor for such removed Director shall be elected by a majority vote ofthe members of the Association In attendance at said special meeting, Vacancies in the Board of . Directors caused by reasons other than removal shall be filled by the remaining Directors. The Board shall appoint Ex Officio Directors to vacant positions. The Ex Officio Director receiving the next most votes at the last Director election (whether at the annual meeting or by the mail balloting process set forth in Section 3.2) shall be appointed to the vacancy. In the case of a tie vote, the Board shall choose the Ex Officio Director to be appointed. A Director elected or appointed to fill a vacancy created on the Board shall serve for the unexpired term of his predecessor.

Section 3.4. Meetjngs. A regular or special meeting of the Board of Directors may be called by or at the request of the President or any two Directors. The person or persons authorized to call meetings of the Board may fix any place, within the State, as the place for holding any meeting of the Board.

Section 3.5. ~. Regular meetings of the Board of Directors may be held at such date, t ime, and place as shall be determined from time-to-time by a majority of the Directors. If the date of a regular meeting has not been previously agreed to by the Board, notice of a regular meeting of the Board of Directors may be glven in the same manner as special meetings, except notice of the purpose of the meeting will not be necessary. The notice of special meetings shall specify the date, time, and place of the meeting and the purpose. TI)e notice shall be given to each Director by any one of the following methods: {a) by personal delivery; (b) written notice by first class mail, postage prepaid~ (c) by facsimile, or (d) by email. All such notices shall be given or sent to the Director's address, emall, or facsimile number as shown on the records of the Association . Notices sent by first class mall shall be deposited Into a United States mailbox, at least three (3) days before the time set for the meeting. Notices given by personal delivery, email, or facsimile shall be delivered or given at least three (3) days before the time set for the meeting. Any Director may waive notice of any meeting before or after the meeting by signed, written waiver. The attendance of a Director at any meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the t ransaction of any business because the meeting is not lawfully called or c.onvened. The business to be transacted at the meeting must be specified in the notice or waiver of notice of any special meeting. Ex Officio Directors must also be given notice of Board meetings in accordance with this Section 3.5.

After the end of the Developer's Control Period, the Board of Directors must also give members notice of Board meetings (regular and special), Including the date, hour, place, and general subject of the Board meeting, including a general description of any matter to be brought up for deliberation in closed executive session . A notice of meeting shall be:

a. mailed to all members at least ten (10) days before the date of the meeting; or;

b. provided at least 72 hours before meeting by:

Amended and Restated By-Laws of Park Lakes Property Owners Association, Inc. Page 7of13

Page 10: the --=-;J~?. · ±l@vi I … · RealManage, Managing Agent Kristi ann, Director of Community Association Manager Supplemental Notice of Dedicatory Instruments for Park Lakes Page

05

6 -

27

- 1

721

i. being posted in a conspicuous location, either in a Common Area, on the Association's website or (with the Owner's consent), on other conspicuously located privately owned property in the Subdivision; and

ii. being emailed to all members who have registered their email addresses with the Association,

It is a Member's duty to register and keep an updated email address with the Association for the purposes of this Section 3.5.

Section 3.6. Quorum;MannaLorActing. A majority of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board. The acts approved by a majority of the Directors present at a duly called meeting at which a quorum was present shall constitute the acts of the Board, unless the act of a greater number is required by law or by these By-Laws. The Directors may vote at any meeting of Directors by proxy executed in writing.

Section 3,7. Compensation. Directors (including Ex Officio Directors) shall not receive any compensation for their services as Directors, but shall be reimbursed for reasonable expenses Incurred while serving in such capacity.

Secti❑n 3.8. Xndenrinifiriation. The Association shall incerrinify a Director (including Ex Officio Directors) who was, is or is threatened to be named as a defendant or respondent in a proceeding to the greatest extent indemnification is allowed under Section 2.22A of the Texas Non-Profit Corporation Act.

Section 3.9. ilaanfrrious Consent by Directors. To the extent allowed by applicable law, the Directors shall have the right to take any action without a meeting which they could take at a meeting by obtaining the written approval of all of the Directors. Any actions so approved shall have the same effect as though taken at a meeting of the Director's.

Section 3.10. Executive Senior, The Board of Directors (including Ex Officio Directors) may adjourn a regular or special meeting and reconvene in a closed executive session to consider actions Involving personnel, pending or threatened litigation, contract negotiations, enforcement actions, confidential communications with the Association's attorney, matters involving the invasion of privacy of individual members, and matters that are to remain confidential by request of the affected parties and agreement of the Board. Following an executive session, any decision made in executive session shah! be summarized orally and placed in the minutes, in general terms, without breaching the privacy of individual members, violating any privilege, or disclosing any information that was t❑ remain confidential at the request of the affected parties. The oral summary must include a general explanation of expenditures approved in executive session.

Section 3.11. Powers and Duties. All of the powers, authority and duties of the Association existing under the Texas Business Organ;zations Code, the Declaration, Articles of Incorporation and these By-Laws shall be exercised exclusively by the Board, its agents, contractors or employees, subject only to approval by members when such is specifically required by law, the Declaration or these By-Laws. Provided, however, the Board of Directors must comply with all the applicable provisions of Chapter 209 of the Texas Property Code.

Section 3.12. Order of Business. At meetings of the Board of Directors, business shall be transacted In such order as from time to time the Board may determine. The Secretary of the Association shall act as Secretary of the meetings of the Board of Directors, but in the

Amended and Restated 8y-Laws of Park Lakes Property Owner; Association, Inc. Page 8 of .13

<D LO 0

a: w

i. being posted in a conspicuous location, either In a Common Area, on the Association's website or (with the Owner's consent), on other conspicuously located privately owned property in the Subdivision; and

ii. . being emailed to all members who have registered their email addresses. with the Association.

It is a Member's duty to register and keep an updated email address with the Association for the purposes of this Section 3.5.

Section 3.6 . . Q.!.!Qrum; Maooer of Acting, A majority of t he Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board. The acts approved by a majority of the Directors present at a duly called meeting at which a quorum was present shall constitute the acts of. the Bqard, unless the act of a greater number is required by law or by these By-Laws. The Directors may' vote at any meeting of Directors by proxy executed ii"! writing.

Section 3.Z. Compensation. Directors (Including Ex Officio Directors) shall not receive any compensation for their services as Dlrectors, but shall be reimbursed for reasonable expenses Incurred while serving In such capacity.

Section 3.8. Indemnification. The Association shall indemnify a Director (including Ex Officio Directors) who was, is or is threatened to be named as a defendant or respondent ln a proceeding to the greatest extent indemnification Is allowed under Section 2.22A of the Texas Non-Profit Corporat ion Act.

Section 3.9. .Unanimous Consent by Dir~. To the extent allowed by applicable law, the Directors shall have the right to take any action without a meeting which they could take at a meet i,ng by obtaining the written approval of all of the Directors. Any actions so approved shall have the same effect as though taken at a meeting of the Directors.

Section 3.10. Executive Se~ The Board of Directors (including Ex Officio DI.rectors) may adjourn a regular or special meeting and reconvene In a closed executive session to consider actions Involving personnel, pending or threatened lltlgation, contract negotiations, enforcement actions, confidential communications with the Association's attorney, matters involving the Invasion of privacy of individual members, and matters that are to remain confidential by request of the affected parties and agreement ·of the Board. Following an executive session, any decision made In executive session shall be summarized orally and placed in the minutes, in general terms, without breaching .the privacy of individual members, violating any privilege, or dlsdoslng any information that was to remain confidential at the request of the affected parties. The oral summary must include a general explanation of expenditures approved in executive session.

Section 3.11. Powers and Duties. All of the powers, authority and duties of the Association existing under the Texas Business Organizations Code, the Declaration, Articles of Incorporation and these By-Laws shall be exercised exciusively by the Board, its agents, contractors or employees, subject only to approval by members when such is specifically required by law, the Declaration or these By-Laws. Provided, however, the Board of Directors must comply with all the applicable provisions of Chapter 209 of the Texas Property Code.

Section 3.12. 'order of Business. At meetings of the Board of Directors, business shall be transacted In such order as from time to time the Board may determine. The Secretary of the Association shall act as Secretary of the meet ings of the Board of Directors, but in the

Amended and Restated By-laws of Park Lakes Property Owners Association, Inc. Page 8 of13

Page 11: the --=-;J~?. · ±l@vi I … · RealManage, Managing Agent Kristi ann, Director of Community Association Manager Supplemental Notice of Dedicatory Instruments for Park Lakes Page

05

6 -

27 - 1

72

2

absence of the Secretary, the presiding officer may appoint any person to act as Secretary of the meeting.

Section 3.13. presumption of Assent. A Director of the Association who is present at a meeting of the Board of Director's at which action on any matter is taken shall be presumed to have assented to the action unless his dissent shall be entered In the minutes of the meeting or unless he shall file his written dissent to such action with the person acting as Secretary of the meeting before the adjournment thereof or shall forward such dissent by registered mail to the Secretary of the Association immediately after the adjournment of the meeting. Such right to dissent shall not apply to a Director who voted in favor of such action.

ARTICLE IV OFFICERS

Section 4.1. Officers. The officers of the Association shall be a President, one or more Vice-Presidents (the number thereof to be determined by the Board of Directors), a Secretary, a Treasurer, and such other officers as may be elected Er. accordance with the provisions of this article. Officers must be Directors. The Board of Directors may elect or appoint such other officers, including one or more Assistant Secretaries, and one or more Assistant Treasurers, as It shall deem desirable, such officers to have the authority and perform the duties prescribed, from time to time, by the Board of Directors.

Section 4,2. Election and Term of ___Qffice. The officers of the Association shall be elected annually by the Board of Directors at the first meeting of the Board of Directors after the annual meeting of the members. If the election of officers shall not be held at such meeting, such election shall he held as soon thereafter as is convenient. .New offices may be created and filled at any meeting of the Board of Directors. Each officer shall hold the office until his successor shall have been duly elected and shall have been qualified.

Section 4.3. RaMoval. Any officer elected or appointed by the Board of Directors may be removed by the Board of Directors whenever in its judgment the best interests of the Association would be served thereby, but such removal shall be without prejudice to the contract rights, If any, of the officers so removed. (This Section does not apply to the removal or Directors, but only the office a Director may hold as an officer.)

Section 4.4. Vacarac[cs. A vacancy in any office, because of death, resignation, removal, disqualification, or otherwise, may ne filled by the Board of Directors for the unexpired portion of the term.

Section 4.5. President. The President shall be the principal executive officer of the Association and shall, in general, as directed by the Board of Directors, supervise and control all of the business and affairs of the Association. i-le shall preside at all meetings of the members and the Board. Re may sign, with the Secretary or any other proper officer of the Association authorized by the Board of Directors, any deeds, mortgages, bonds, contracts, or other Instruments toat the Board of Directors has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these By-Laws or by statute to some other officer or agent of the Association; and, in general, he shall perform all duties incident to the office of President and such other duties as may he prescribed by the Board of Directors from time to time.

aaction 4.6. Vice-President. In the absence of the President or in the event of his inability or refusal to act, the Vice-President(s) shall perform the duties of the President, and

AmendeO and Restated By-Laws of Park Lakes Property Owners Association, Mc. Page 9 of 13

N N ,.........

~

,.........

N

<D LO 0

a: w

absence of the Secretary, the presiding officer may appoint any person to act as Secretary of the meeting.

Section 3.13. presumption of Assent. A Director of the Association who is present at a meeting of the Board of Directors at which action on any matter is taken shall be presumed to have assented to the action unless his dissent shall be entered In the minutes of the meeting or unless he shall file his written dissent 'to such action with the 'person acting as Secretary of the meeting before the adjournment thereof or shall forward such dissent by registered mail to the Secretary of the Association.immediately after the adjournment of the meeting. Such right to dissent shall not apply to a Director who voted in favor of such action.

ARTICLE IV OFFICERS

Section 4.1. Officers. The officers of the Association shall be a President, one or more Vice-Presidents (the number thereof to be determined by the Board of Directors), a Secretary, a Treasurer, and such other officers as may be elected In accordance with the provisions of this article. Officers must be Directors. The Board of Directors may elect . or appoint such other officers, lncludlng one or more Assistant Secretaries, and one or more Assistant Treasurers, as It shall deem desirable, such officers to have the authority and perform the duties prescribed, from tlrne to time, by the Board of Directors.

. . Sectjon 4.2. Election and Term of Office. The officers of the Association shall be

elected annually by the Board of Directors at the first meeting of the Board of Directors after . the annual meeting of the members. If the election of officers shall not be held at such

meeting, such election shall be held as soon thereafter as is convenient .. New offlces may be created and filled at any meeting of the Board of Directors. Each officer shall hold the office until his successor shall have been duly elected and shall have been qualified.

Section 4.3. Removal. Any officer elected or appointed by the Board of Directors may be removed by the Board of Directors whenever in its judgment the best Interests of the Association would be served thereby, but such removal shall be without prejudice to the contract rights, If any, of the officers so removed. (This Section does not apply to the removal of Directors, but only the office a Director may hold as an officer.}

Section 4.4. Vacaodes. A vacancy in any office, because of death, ·resignation, removal) disqualification, or otherwise, may be filled by the Board of Directors for the unexpired portion of the term.

Section 4.5. P~sldent. The President shall be the principal executive officer of the Association and shall, in general, as directed by the Board of Directors, supervise and control all of the business and affairs of the Assoclatlon. He sha ll preside at all meetings of the . members and the Board. · He m?Y sign, with the Secretary or any other proper officer of the Association authorized by the Board of Directors, any deeds, mortgages, bonds, contracts, or other Instruments that the Board of Directors has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these By-Laws or by statute to some other officer or agent of the Association; and, In general, he shall perform all duties incident to the office of President and such other duties as may be prescribed by the Board of Directors from time to time.

Section 4.6. Vice-President. In the absence of the President or in the event of his inability or refusal to act, the Vice-President(s) shall perform the dut ies of the President, and

Amended and Restated By-Laws of Park Lakes Property Owners Association, Inc. Page 9of13

Page 12: the --=-;J~?. · ±l@vi I … · RealManage, Managing Agent Kristi ann, Director of Community Association Manager Supplemental Notice of Dedicatory Instruments for Park Lakes Page

056 -

27

- 1

72

3

when so acting, shall have ail the powers of and be subject to all the restrictions on the President. Any Vice-President shall perform such other duties as from time to time may be assigned to him by the President or by the Board of Directors. If more than one Vice-President is elected, the Board of Directors shall designate who is First Vice-President, who is the Second Vice-President, etc. The authority to act for the President shall vest to the Vice-Presidents in the order of their numerical designation by the Board of Directors, or, if none, by the chronological order of their election as Vice-Presidents.

Section 4.7. T easurer. If required by the Board of Directors, the Treasurer shall give a bond for the faithful discharge of his duties in such sum and with such surety or sureties, as the Board of Directors shall determine. He shall have charge and custody of and be responsible for all funds and securities of the Association; receive and give receipts for monies due and payable to the Association from any source whatsoever, and deposit all such monies in the name of the Association in such banks, trust companies, or other depositories as shall be selected by the Board of Directors; and, in general, perform all the duties from time to time as may be assigned to him by the President or by the Board of Directors.

Sectien 4.$, Secretary, The Secretary shall keep the minutes of the meetings of the members and of the Board of Directors in one or more books provided for that purpose; see that ail notices are duly given in accordance with the provisions of these By-Laws or as required by law; be custodian of the corporate records and of the seal of the Association and see that the seal of the Association is affixed to all documents, the execution of which on behalf of the Association under its seal is duly authorized in accordance with the provision of these By-Laws; keep a register of the address of each member; and in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him ley the President or by the Board of Directors.

Section 4.9. Assistant_Treeeurees and Assistant Secretaries. If required by the Board of Directors, the Assistant Treasurers shall give bonds for the faithful discharge of their duties In such sums and with such sureties as the Board of Directors shall determine. The Assistant Treasurers and Assistant Secretaries, in general, shall perform such duties as shall be assigned to them by the Treasurer or the Secretary or by the President or by the Board of Directors.

Section 4.10. Compensation, Officers of the Association shall not receive any compensation for their services as officers, but shall be reimbursed for reasonable expenses incurred while serving In such capacities. This provision shall not preclude the Board from employing a Director or officer as an employee of the Association nor preclude the Board from contracting with a Director or officer for the management of the Association.

Section 4.11. Reassignment of Off leer Duties. The Board may reassign duties of offices to other officers or to the Managing Agent of the Association, as directed by the Board,

ARTICLE V

pCIMMITTEES

The Board of Directors may designate one or more committees, each of which shall consist of two or more members, which committees, to the extent provided in said resolution, shall have and exercise the authority of the Board of Directors in the management of the Association; but the designation of such committee and the delegation thereto Of authority shall not operate to relieve the Board of Directors or any individual Director, of any responsibility imposed on it or him by law.

Amended and Restated By-Laws of Park Lakes Property Owners Association, Inc. Page 10 of 13

<.D LO 0

a: w

when ·so acting, shall have all the powers of and be subject to all the restrictions on the President. Any Vice-President shall perform such other duties as from time to time may be assigned to him by the President or by the Board of Directors. If more than one Vice-President is elected, the Board of Oirectors shall designate who is First Vice-President, who is the Second Vice-President, etc. The authority to act for the President shall vest to the Vice-Presidents in the order of their numerical designation by the Board of Directors, or, if none, by the chronological order of their election as Vice-Presidents.

Section 4. 7. Treasurer. If required by the Board of Directors, the Treasurer shall give a bond for the faithful discharge of his duties in such sum and wlth such surety or sureties, as the Board of Directors shall determine. He shall have charge . and custody of and be responsible for all funds and securities of the Association; receive and give receipts for monies due and payable to the Association from any source whatsoever, and deposit all such monies in the name of the Association in such banks, trust companies, or other depositories as shall be selected by the Board of Directors; and, in general, perform all the duties from time to time as may be assigned to him by the President or by the Board of Directors.

SeQ:ioo 4.&. S~retary. The Secretary shall keep the minutes of the meetings of tne members and of the Board of Directors in one or more books provided for that purpose; see that all notices are duly given in accordance with the provisions of these By-Laws or as required by law; be custodian of the corporate records and of the seal of the Association and see that the seal of the Association is affixed to all documents, the execution of which on behalf of the Association under its seal Is duly authorized In accordance with the provision of these By-Laws; keep a register of the address of each · member; and In general perform all duties Incident to the office of Secretary and such other duties as from time to time may be assigned to him by the President or by the Board of Directors.

Section 4.9. Assistant Trn~surers Sl~$1stant Secretaries. If required by the Board of Directors, the Assistant Treasurers shall give bonds for the faithful discharge of their duties Jn such sums and with such sureties as the Board of Directors shall determine. The Assistant Treasurers and Assistant Secretaries, In general, shall perform such duties as shall be assigned to them by the Treasurer or the Secretary or by the President or by the Board of Directors.

Section 4.10. Comoensation. Officers of the Association shall not receive any compensation for their services as officers, but shall be reimbursed for reasonable expenses Incurred while serving In such capacities. This provision shall not preclude the Board from employing a Director or officer as an employee of the Association nor preclude the Board from contracting with a Director or officer for the management of the Association.

Section 4.11. Reassj9nment of Officer Duties. The Board may reassign duties of offices to other officers or to the Managing Agent of the Association, as directed by the Board.

ARTICLE V

COMMITTEES

The Board of Directors may designate ·one or · more committees, each of which shall consist of two or more members, which committees, to the extent provided in ~aid resolutior\ shall have and exercise the authority of the Board of Directors in the management of the Associationi but the qeslgnation of such committee and the delegation thereto of authority shall not operate to relleve the Board of Directors or any individual Director, of any responsibtlity imposed on it or him by law.

--------·-· Amended and Restated By-Laws of Park Lakes P;operty Owners Association, Inc. Page 10of13

Page 13: the --=-;J~?. · ±l@vi I … · RealManage, Managing Agent Kristi ann, Director of Community Association Manager Supplemental Notice of Dedicatory Instruments for Park Lakes Page

ER

05

6 -

27 -

172

4

ARTICLE VI

CONTRACTS, CHECKS, DEPOSITS AND FUNDS

Section 6.1. Contracts. The Board of Directors may authorize any officer or officers, agent or agents of the Association, in addition to the officers so authorized by these By-Laws, to enter into any contract or execute and deliver any instrument in the name and on behalf of the Association, and such authority may be general or confined to specific instances.

5_c-ti on 6.7. Checks, Drafts, or Orders for Payment. All checks, drafts, or orders for the payment of money, notes, or other evidences of indebtedness Issued In the name of the Association shall be signed by such officer or officers, agent or agents of the Association and in such manner as shall from time to time be determined by resolution of the Board of Directors. In the absence of such determination by the Board of Directors, such Instruments shall be signed by the Treasurer or any Assistant Treasurer and countersigned by the President or a Vice-President of the Association.

ecttori 6.3. Deposits. All funds of the Association shall be deposited from time to time to the credit of the Association in such banks, trust companies, or other depositories as the Board of Directors may elect.

Section 6.4. Gifts. The Board of Directors may accept on behalf of the Association any contribution, gift, bequest, or devise for the general purposes, or for any special purpose, of the Association.

ARTICLE VII

MISCELLANEOUS

Section 7,1. Books and Records. Books and records of the Association shall be retained by the Association in accordance with the Association's Document Retention Policy and made available to the members in accordance with the Association's Open Records Policy.

Section 7.2. Fiscal Year. The fiscal year of the Association shall begin on the first day of January and end on the last day of December each year.

Segton 7.3. Waiver of Notice. Whenever any notice is required to be given under the provisions of the Articies of Incorporation or the By-Laws of the Association, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice.

Section 7.4 Business Judgment Rule. ANY ACT OR THING DONE BY ANY DIRECTOR, EX OFFICIO DIRECTOR, OFFICER, OR COMMITTEE MEMBER TAKE IN FURTHERANCE OF THE PURPOSES OF THE CORPORATION, AND ACCOMPLISHED IN CONFORMITY WITH THE PROCEDURES SET FORTH IN THE DECLARATION, ARTICLES OF INCORPORATION, THE LAWS OF THE STATE OF TEXAS, AND/OR THESE BY-LAWS SHALL BE REVIEWED UNDER THE STANDARD OF THE BUSINESS JUDGMENT RULE AS ESTABLISHED BY THE COMMON LAW OF TEXAS, AND SUCH ACT OR THING DONE SHALL NOT BE A BREACH OF DUTY ON THE PART OF THE DIRECTOR, EX OFFICIO DIRECTOR, OFFICER OR COMMITTEE MEMBER IF THEY HAVE BEEN DONE WITHIN THE EXERCISE OF THEIR DISCRETION AND JUDGMENT, THE BUSINESS JUDGMENT RULE MEANS THAT A COURT SHALL NOT SUBSTITUTE ITS JUDGMENT FOR THAT OF THE DIRECTOR, OFFICER, OR COMMITTEE MEMBER. A COURT SHALL NOT RE-EXAMINE THE QUALITY OF THE DECISIONS MADE BY THE DIRECTOR, EX OFFICIO DIRECTOR, OFFICER,

Amended and Restated ay-Laws of Park Lakes Property Owners Association, Inc. Page 11 of 13

<.D L{) 0

0:: w .

ARTICLE VI

CONTRACTS, CHECKS; DEPOSITS ANp FUNDS

Section 6.1. . Con~~. The Board of Directors may authorize any officer or officers, agent or agents of the Association, .in addition to the officers so authorized by these By-Laws, to enter into any contract or execute and deliver any instrument In the name and on behalf of the Association, and such authority may be general or confined to specific instances.

Section 6.2. Checks. Drafts. or Orders for Payment. 'All checks, drafts, or orders for the payment of money, notes, or other evidences of Indebtedness issued ln 't he name of the Associat ion shall be signed by such officer or officers, agent or agents of the Association and in such manner as shall from time to time be determined by resolution of the Board of Directors. In the absence of such determination by the Board of Directors, such Instruments shall be signed by the Treasurer or any Assistant Treasurer and countersigned by the President' or a . Vice-President of the Assodatton.

Section f2.3. Deposits. All funds of the Association shall be deposited from time to time to the credit of the Association in such banks, trust companies, or other depositories as the Board of Directors may elect.

Section 6.4. .G.lf:ts. The Board of Directors may accept on behalf of the Association any contribution, gift, bequest, or devise for the general purposes, or for any special purpose, of the Association.

ARTICLE VII

MISCELLANEOUS

Sectjon 7.1. Books and Records. Books and records of the Association shall be retained by the Association in accordance with the Association's Document Retention Policy and made available to the members in accordance with the Association's Open Records Policy.

Section 7.2. Fiscal Year. The fiscal year of the Association shall begin on the first day of January and end on the iast day of December each year.

Sect ion 7.3. Waiver of Notjce. Whenever any notice is required to be given under the provisions of the Articles of Incorporat ion or the By-Laws of the Asspclatlon, a waive~ thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice.

Sectjoo 7.4 Business Judgment Rule. ANY ACT OR THING DONE BY ANY DIRECTOR, EX OFFICIO DIRECTOR, OFFICER, OR COMMITIEE MEMBER TAKE IN FURTHERANCE ·of THE PURPOSES OF THE CORPORATION, AND ACCOMPLISHED CN CONFORMITY WITH THE PROCEDURES SET FORTH IN THE DECLARATION, ARTICLES OF INCORPORATION, THE LAWS OF THE STATE OF TEXAS, AND/OR THESE BY-LAWS SHALL BE REVIEWED UNDER THE STANDARD OF THE BUSINESS JUDGMENT RULE AS ESTABLISHED BY THE COMMON LAW OF TEXAS, AND SUCH ACT OR THING DONE SHALL NOT BE A BREACH OF DUTY ON THE PART OF THE DIRECTOR, EX OFFICIO DIRECTOR, OFFICER OR COMMITTEE MEMBER IF THEY HAVE BEEN DONE WITHIN THE EXERCISE OF THEIR DISCRETION.AND JUDGMENT. THE BUSINESS JUDGMENT RULE MEANS THAT A COURT SHALL NOT SU~STITUTE ITS JUDGMENT FOR THAT OF THE DIRECTOR, OFFICER, OR COMMITTEE MEMBER. A COURT SHALL NOT RE-EXAMINE THE QUALITY OF THE DECISIONS MADE BY THE DIRECTOR, EX OFFICIO DIRECTOR, OFFICER,

Amended and Restated By-Laws of Park Lakes Proj;erty Owners Association, Inc. Page 11of13

Page 14: the --=-;J~?. · ±l@vi I … · RealManage, Managing Agent Kristi ann, Director of Community Association Manager Supplemental Notice of Dedicatory Instruments for Park Lakes Page

056 -

27

- 1

725

OR COMMITTEE MEMBER BY DETERMINING THE REASONABLENESS OF THE DECISION AS LONG AS THE DECISION IS MADE IN GOOD. FAITH IN WHAT THE DIRECTOR, EX OFFICIO DIRECTOR, OFFICER, OR COMMITTEE MEMBER BELIEVES TO BE IN THE BEST INTEREST OF THE CORPORATION,

ARTICLE VIII

AMENDMENTS

Section 8,1,. power of Directors to Amend Dv-Laws. Prior to the end of the Developer's Control Period, these By-Laws may only be amended, repealed or added to, or new By-Laws adopted, by the vote or written consent of a majority of the members of the Board of Directors,

Section 8.2. Power of Merntiga to Amend By-Laws. After the end of the Developer's Control Period, these By-Laws of this Association may be amended, repealed or added to, or new By-Laws may be adopted by the Board of Directors or, by the vote of a majority of the members that are present, in person or by proxy, at a meeting duly called for that purpose at which a quorum is present.

[The remainder of this page was intentionally left biank.3

Amended and Restated By-Laws of Park Lakes Property Owners Association, Inc, Page 12 of 13

<.D LO 0

a: w

OR COMMITTEE MEMBER BY DETERMINING THE REASONABLENESS OF THE DECISION AS LONG AS THE DECISJON IS MADE IN GOOD FAITH IN WHAT THE DIRECTOR, EX OFFICIO DIRECTOR, OFFICER, OR COMMITTEE MEMBER BELIEVES TO BE "IN THE BEST I NTEREST OF THE CORPORATION.

ARTICLE VII!

AMENDMENTS

Section 8.1. Power of Directors to Amend By-Laws. Prior to the end of the Developer's Control Period, these By-Laws may only be amended, repealed or added to, or new By-Laws adopted, by the vote or written consent of a majority of the members of the Board of Directors. · ·

Section 8 .2. Power of Members to Amend By-Laws. After the end of the Developer's Control Period, these By-Laws of this Association may be amended, repealed or added to, or new By-Laws may be adopted by the Board of Directors or, by the vote of a majority of the members that are present, In person or by proxy, at a meeting duly called for that purpose at which a quorum is present.

[The remainder of tMs page was intentionally left blank.]

Amended and Restated By-Laws of Park Lakes Property Owners Association, Inc. Page 12of13

Page 15: the --=-;J~?. · ±l@vi I … · RealManage, Managing Agent Kristi ann, Director of Community Association Manager Supplemental Notice of Dedicatory Instruments for Park Lakes Page

ER

05

6 -

27

- 1

726

CERTIFICATE OF SECRETARY of

PARK LAKES PROPERTY OWNERS ASSOCIATION, INC. regarding

AMENDED AND RESTATED BY-LAWS OF PARK LAKES PROPERTY OWNERS ASSOCIATION, INC.

STATE OF TEXAS

COUNTY OF HARRIS

The undersigned, being the duly elected, qualified and acting Secretary of Park Lakes Property Owners Association, Inc., a Texas non-profit corporation ("Association"), does hereby certify that at a meeting of the Board of Directors of the Association ("Board") duly called and held on the 22nd day of April, 2014, with at least a quorum of the Board members being present and remaining throughout, and being duly authorized to transact business, the By-Laws of the Association were amended and restated as set forth above 'Am-ended and Restated By-Laws of Park Lakes Property Owners Association, Inc." ("By-Laws") and were approved by a majority vote of the members of the Board.

TO CERTIFY WHICH WITNESS my hand on this

PARK LAKES PROPERTY OWNERS ASSOCIATION, INC.

L__?" cl/ „/ (4.1.0 Rachel Gwin, Secretary

THE STATE OF TEXAS

COUNTY OF HARRIS

This instrument was acknowledged before me on the, day of jr) 2( ,2014, by Rachel Gwin, Secretary of Park Lakes Property Owners Assoc ati n, Inc,, for the consideration and in the capacities stated therein.

MELANIE MANGE MY dOMMISSON EXPIRES

. Ociab or 10,2017

Amended and Restated By-Laws of Park Lakes Property Owners Association; Inc. Page 13 of 13

ay of 2014.

<.D L{) 0

0:: w

CERTIFICATE OF SECRETARY · of

PARK LAKES PROPERTY OWNERS ASSOCIATION, INC. regarding

AMENDED AND RESTATED BY-LAWS OF PARJ<: LAKES PROPERTY OWNERS ASSOCIATION, .INC.

STATE OF TEXAS § §

COUNn' OF HARRIS §

. The undersigned, being the duly elected, qualified and acting Secretary of Park Lakes Property Owners Association, Inc., a Texas non-profit corporation ("Association''), does hereby . certify that at a meeting of the Board of Directors of the Association ("Board") duly called and held on the 22nd day of April, 2014, with at least a quorum of the Board members being present and remalnlng throughout, and being duly authorized to transact business, the By­laws of the Association were amended and restated as set forth . above "'Amended and Restated By-Laws of Park Lakes Property Owners Association, I nc." ("By-Laws") and were approved by a majority vote Qf the members of the Board.

TO CERTIFY WHIC~ WITNESS my hand on this~ay of ~J I 2014,

PARK LAKES PROPERTY OWNERS

ASSOCI4TION, IA QJJ w·M Rachel Gwin, Secretary

THE STATE OF TEXAS § §

COUNTY OF HARRIS §

. ·() [;..ll'.l. Thls lnstrument was acknowledged before me on the c,,L '/ '· day of,1-,-1-JL.o~r...:../....../.....;;... _

_ _ _,2014, by Rachel Gwin, Secretary of Park Lakes Property Owners Assoc atl the consideration and in the capacities stated therein .

.• ~\t.1~i MELANIE MANGEL (~ _tj MY COMMISS10N EXPIRES '.5j.f,,¥,i.ll l . October 10, 2017

Amended and Restated By-Laws of Park Lakes Property Owners Association, Inc. Page 13of13

Page 16: the --=-;J~?. · ±l@vi I … · RealManage, Managing Agent Kristi ann, Director of Community Association Manager Supplemental Notice of Dedicatory Instruments for Park Lakes Page

C4AMCLERK HAMCOWYAMks

cq 20140179336 # Pages 16 04/30/2014 13:05:50 PM

r- e-Filed & e-Recorded in the Official Public Records of

Li) HARRIS COUNTY CD STAN STANART CC COUNTY CLERK W Fees 72.00

RECORDERS MEMORANDUM This instrument was received and recorded electronically and any blackouts, additions or changes were present at the time the instrument was filed and recorded.

Any provision herein which restricts the sale, rental, or use of the described real property because of color or race is invalid and unenforceable under federal law. THE STATE OF TEXAS COUNTY OF HARRIS I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped hereon by me; and was duly RECORDED in the Official Public Records of Real Property of Harris County, Texas.

("'-... N ("'-... ,--

("'-... N

<.D LO 0

a: w

2014017 9336 # Pages 1 6 04 /3 0/2014 13: 05:50 PM e -Filed & e-Recorded i n the Off ici a l Public Record s of HARRI S COUNTY STAN STANART COUNTY CLERK Fees 72. 00

RECORDERS MEMORANDUM This instrument was received and recorded electronically and any blackouts , additions or changes were present at the time the instrument was filed and recorded.

Any provision herein which restricts the sale , rental , or use of the described real property because of color or race is invalid and unenforceable under federal law. THE STATE OF TEXAS COUNTY OF HARRIS I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped hereon by me ; and was duly RECORDED in the Official Public Records of Real Property of Harris County , Texas.

COtlNlY ClHK HARRIS COUNTY, tEXA..S