Reata Place Homeowners Association
ARTICLE III
REATA PLACE HOMEOWNERS ASSOCIATION
3.01 Purposes, Powers, and Duties of The Association. The Association shall be formed as a non-proiit corporation for the sole purpose of performing certain functions for the common good and general welfare of the residents of the Subdivision. The Association shall have no power or duty to do or perform any act or thing other than those acts and things which will promote in some way the common good and general welfare of the Members. To the extent, and only to the extent necessary to carry out such purpose, the Association (a) shall have all of the powers of a Texas non- profit corporation organized under the Texas Non-Profit Corporation Act, and (b) shall have the power and duty to exercise all of the rights, powers, and privileges and to perform all of the duties and obligations of the Association as set forth in this Declaration.
3.02 Bylaws. This Declaration is intended to be compatible with and construed with regard to the Bylaws of the Association. In case of a conflict between this Declaration and the Bylaws, the provision adopted last will control.
3.03 Membership in the Association. Every Owner shall automatically be a member of the Association and such membership shall terminate only as provided in this Declaration. For purposes of voting, there shall be two (2) classes of `Members as set forth in Section 3.04.
3.04 Voting Rights.
(a) Each Owner, with the exception of Declarant, shall be a Class A Member. Each Lot shall be entitled to one (1) Class A regardless of how many persons are owners of that Lot. Where an Owner is a group or entity other than one individual person, the vote on behalf of such Owner shall be exercised only by such individual person as shall be designated in a proxy instrument duly executed by or on behalf of the group or entity and delivered to the secretary of the Association
(b) The Declarant shall be the sole Class B Member and shall be entitled to nine (9) votes for each Lot owned; provided, however, in no event shall the Class B Member have less than the total number of Class A votes plus one (1). The Class B Membership shall cease and be converted to Class A Membership at such time as Declarant no longer retains the right to appoint and remove members of the Board and officers of the Association pursuant to Section 3.09 below.
(c) The Subdivision will be composed of Lots to be developed in phase containing unequal numbers of Lots. Each such phase will be platted of record in the Office of the Clerk of Tarrant County, Texas, in accordance with Article XII of this Declaration. The Declarant shall notify the Association in writing when the final phase ofthe Subdivision has been so platted of record. By acceptance of a deed conveying a Lot, each Owner acknowledges that, upon the filing by Declarant of the subdivision plats covering such phases, the total votes outstanding in the Association will automatically increase based upon the number of Lots in the phases added and in accordance with the formula set forth in subsection (b) of this Section 3.04 and in no event shall Class B Membership cease and be converted to Class A Membership (as provided in subsection (b) of this Section 3.04) until after the Association receives the written notice provided for in the preceding sentence; provided, however, nothing contained herein shall obligate the Declarant to develop any proposed phase of the Subdivision unless such phase is subjected to this Declaration.
3.05 Board of Directors. The affairs of the Association shall be managed by a Board of Directors. The number of Directors and the method of election of Directors shall be as set forth in the Bylaws of the Association.
3.06 Suspension of Membership Rights. The Board may suspend the voting rights of any Member and the right of enjoyment of the Common Property of any person who:
(a) shall be subject to the Right of Abatement, as defined in Section 10.02, by reason of having failed to take the reasonable steps to remedy a violation or breach of either the Restrictions or the Design Standards (as hereinaiter defined) of the ACC (as hereinafter defined) within thirty (30) days after having received notice of the same pursuant to the provisions of Section 7.11, 8.16 or 10.02 hereof;
(b) shall be delinquent in the payment of any assessment levied by the Association pursuant to the provisions of this Declaration; or
(c) shall be in violation of the rules and regulations ofthe Association relating to the use, operation, and maintenance of Common Property.
Such suspension shall be for the balance of the period in which said Member or person shall remain in violation, breach or default, as aforesaid, except that in the case of a violation described in subsection (c) of this Section 3.06, the suspension may be for a period not to exceed sixty (60) days alter the cure or termination of such violation. No such suspension shall prevent an Owner’s ingress to or egress from his Lot.
3.07 Termination of Membership. Membership shall cease only when a person ceases to be an Owner.
3.08 Voting Procedures. The procedures for the resolution of such issues as may be brought before the Membership of the Association shall be governed by this Declaration, the Texas Non-Profit Corporation Act, the Articles of Incorporation ofthe Association, and the Bylaws of the Association, as each shall from time to time be in force and effect.
3.09 Control by Declarant.
(a) Notwithstanding any other language or provision to the contrary in this Declaration, in the Articles of Incorporation, or in the Bylaws of the Association, Declarant hereby retains the right to appoint and remove any member of the Board of Directors of the Association and any officer or offices of the Association until fifteen (15) days after the first of the following events shall occur: (i) the expiration of twenty (20) years after the date of the recording of this Declaration; (ii) the date upon which all of the Lots intended by Declarant to be part of the Subdivision have been conveyed by Declarant to Owners other than a person or persons constituting Declarant; or (iii) the surrender by Declarant of the authority to appoint and remove directors and officers by an express amendment to this Declaration executed and recorded by Declarant.
(b) Upon the expiration of the period of Declarant's right to appoint and remove directors and officers of the Association pursuant to the provisions of this Section, such right shall automatically pass to the Board of Directors, including Declarant if Declarant is then a Director, and a special meeting of the Board of Directors shall be called at such time. At such special meeting the Directors will elect a new Board of Directors that will undertake the responsibilities of the Board, and Declarant will deliver the books, accounts, and records, if any, that Declarant has kept on behalf of the Association and any agreements or contracts executed by or on behalf of the Association during such period that Declarant has in its possession. Each Owner, by acceptance of a deed to or other conveyance of a Lot, vests in Declarant such authority to appoint and remove directors and officers of the Association as provided in this Section. The Association may exercise any other right or privilege given to it expressly by this Declaration or by law and any other right or privilege reasonably to be implied from the existance of any right or privilege given to it herein or reasonably necessary to effectuate any such right or privilege.