MantlebrookMeadowbrook HomeOwners Association

Bylaws, Articles of Incorporation, Dues, etc.
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Bylaws of the Mantlebrook Home Owners Association, of DeSoto

A Texas Nonprofit Corporation

ARTICLE I. NAME AND PURPOSE.

SECTION 1.01: NAME. The NAME of this organization shall be the Mantlebrook Home Owners Association of DeSoto, hereafter referred to as THE ASSOCIATION. It shall be a nonprofit organization incorporated under the laws of the State of Texas.

SECTION 1.02: PURPOSE: The Bylaws shall govern the Corporation and its members and facilitate the fulfillment of the purposes provided in the Articles of Incorporation.

ARTICLE II. MEMBERSHIP.

SECTION 2.01: ELIGIBILITY FOR MEMBERSHIP. Owner of property in the Mantlebrook Addition, bound by Wintergreen; Woodbrook; Hampton; and Thunderbrook, of DeSoto, Texas, is eligible for Membership in the Association upon full payment of the annual or bi-annual dues, and completion of an Application for Membership form.

SECTION 2.02: HONORARY MEMBERSHIP. Any person may acquire Honorary Membership in the Association, upon full payment of the Association dues, by a majority vote of the Membership at a regularly scheduled meeting. Honorary Membership entitles the person to a mailed copy of each newsletter and free participation in neighborhood events for one year from the date of membership. Honorary Membership does not, however, include voting rights.

SECTION 2.03: ANNUAL DUES. The amount required for annual dues shall be $50.00 each March, unless changed by a majority vote of the Members in attendance at an annual meeting of the full Membership. Dues for new members will be prorated for the first year so their renewal date will be the month of March.  Dues paid in full, annually or biannually, will entitle the Resident or Property Owner to full Membership privileges for six (6) months or one (1) year from the date of payment, based on the payment option chosen.

SECTION 2.04: VOTING RIGHTS. The full or biannual payment of the annual dues amount will entitle each paid Member one vote (excluding Honorary Members) in all Association elections.

SECTION 2.05: TERMINATION OF MEMBERSHIP. Membership in the Association is automatically terminated whenever the Member is in default of payment of the annual or biannual Association Dues or no longer owns property within the Association boundaries. A Member may also be removed by a majority vote of the Membership.

SECTION 2.06: RESIGNATION. Any Member may resign by filing a written resignation with the Secretary of the Association. Such resignation shall not relieve the resigning Member of the obligation to pay any dues, assessments, or other charges theretofore accrued and unpaid. The resigning Member also forfeits any refund of paid dues.

ARTICLE III. OFFICERS.

SECTION 3.01: OFFICERS. The Association shall have the following officers:
1) President
2) Vice-President   
3) Treasurer, and
4) Secretary.

SECTION 3.02: ELECTION OF OFFICERS. The Officers shall be elected by majority vote at the annual meeting of the full membership.

SECTION 3.03: TERM OF OFFICE. The Officers shall serve a one-year term, limited to three consecutive terms.

SECTION 3.04: DUTIES. The duties of the Officers are as follows:
1) The PRESIDENT shall be the principal executive officer of the Association and shall preside over all meetings, represent the Association on public occasions, and make such committee appointments from the membership as shall be deemed advisable for the effective conduct of the work of the Association.

2) The VICE-PRESIDENT shall assist the President as the President requests, and represent the Association on appropriate occasions. The Vice-President shall also, in the absence or disability of the President, perform the duties and exercise the powers of the President of the Association.

3) The TREASURER shall collect, safeguard, disburse and make periodic reports of all funds collected in the name of the Association.

4) The SECRETARY shall keep attendance records and record the proceedings of all meetings, maintain adequate records of the Association activities, and conduct such official correspondence as shall be required.

5) The duties of the officers shall not be limited as enumerated above, but they may discharge in addition such duties as are assigned by the Association Membership.

6) Unless so authorized, no officer shall have any power or authority to bind the Association by any contract or engagement, to pledge its credit, or to render it liable pecuniary for any purpose or in any amount.

SECTION 3.05: VACANCIES AND REMOVAL FROM OFFICE. Any Officer may be removed by a majority vote of the members of the Association (excluding the Officer to be removed). Upon the death, removal, resignation, or incapacity of an Officer of the Association, a majority of the Association shall elect a successor.

SECTION 3.06: MANAGEMENT. The Association shall be managed by the Officers so elected, with powers consistent with the Articles of Incorporation and these Bylaws of the Association.

ARTICLE IV. MEETINGS OF MEMBERS.

SECTION 4.01: PLACE OF MEETINGS. Meetings of the Members shall be held at the principal business office of the Association or at any other place the President or a majority of the Members may from time to time select.

SECTION 4.02: REGULAR MEETINGS. Regular meetings of the Association shall be held quarterly, at a time and place designated by the President. Meetings may be held more frequently based on the needs of the Association.

SECTION 4.03: ANNUAL MEETING. An Annual Meeting of the Members shall be held in the month of March of each year, if possible. At such meeting, the Members shall elect the Officers of the Association, receive reports on the affairs of the Association, and transact any other business which is within the power of the Members. If an annual meeting has not been called and held within six months after the time designated for it, any Member may call the Annual Meeting.

SECTION 4.04: SPECIAL MEETINGS. Special meetings of the Members may be called by the President, by a majority of the Officers of the Association, or by five percent (5%) or more of the Members entitled to vote.

SECTION 4.05: NOTICE OF MEETINGS. A written or printed notice of each meeting, stating the place, day and hour of the meeting, shall be given by the Secretary of the Association, or by the person authorized to call the meeting, to each Member of record entitled to vote at the meeting.  This notice shall be given at least seven (7) days before the date named for the meeting, with the exception of Regular Monthly Meetings for which, once a firm date, time and place have been publicized to all the Members, no further notice shall be required.

SECTION 4.06: QUORUM. The Members present at any properly announced meeting shall constitute a quorum at such meeting, provided it is at least ten percent (10% ) of the Members of record entitled to vote.

ARTICLE V. VOTING.

SECTION 5.01 VOTING. All issues shall be decided by a majority vote of Members present at the Meeting provided such meeting is attended by at least ten percent (10%) of the Members of record entitled to vote.

SECTION 5.02: VOTING BY MAIL. Where Officers are to be elected by Members, whereby a count of the votes of all members may be desired, such election may be conducted by mail or by distribution ballot in such a manner as the Officers of the Association shall determine advisable.

ARTICLE VI. COMMITTEES.

SECTION 6.01: AUTHORIZATION TO ESTABLISH COMMITTEES. The Association may establish committees as deemed necessary to pursue its stated objectives. Members of Committees shall be appointed by the President.

ARTICLE VII. FINANCES.

SECTION 7.01: EXPENDITURES. Expenditures of funds amounting to over Five Hundred Dollars ($500.00) in any month must be approved by majority vote of the Membership present at any properly-announced meeting of the Membership providing at least ten percent (10%) of the Members of record are in attendance.

SECTION 7.02: EXPENDITURES FOR PRINTED MATERIALS. The expenditure of funds for printing of Neighborhood Newsletter, Neighborhood Informational Notices and the Neighborhood Directory are exempted by the rule as stated in Section 7.01 and the amount to be used for the aforementioned expenditures will be determined based on the budgeted amount in accordance with other anticipated monthly expenditures.

SECTION 7.03: FINANCIAL REPORTS. Quarterly and Annual Financial Reports shall be prepared by the Treasurer and presented to the Members at the Monthly, Quarterly and Annual meetings. Every effort should be made to also provide the current Financial Status of the Association at every scheduled meeting.

ARTICLE VIII. AMENDMENTS.

SECTION 8.01: PROCEDURE. These Bylaws may be amended by a two-thirds (2/3) majority vote of the eligible Members of the Association, provided seven (7) days written notice of the Proposed Amendment and of the meeting is given.

ARTICLE IX. ACCEPTANCE OF BYLAWS.

SECTION 9.01: VOTING. Acceptance of these Bylaws shall be by a two-thirds (2/3) majority vote of the eligible Members of the Association, provided written copies of the Bylaws and written notice of the meeting is given to all Members at least seven (7) days prior to the meeting.

ARTICLE X. NON-COMPLIANCE WITH BYLAWS.

SECTION 10.01: NON-COMPLIANCE PENALTIES. Non-compliance with the Bylaws of the Association may result in Termination of Membership for the offender, upon a two-thirds (2/3) majority vote by the Membership of the Association. Under no circumstances will non-compliance with any section of these Bylaws constitute the forfeiture of the rights of the Association to exist or the rights of the Association to enforce the Bylaws of the Association.

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