The By-Laws are a document that determines how the Homeowners Association is operated. The official document was filed with the Harris County Clerk. What you see here is a searchable version. If there are any differences between the official document and this searchable version, the official document will take precedence.
The name of the corporation is Raleigh Creek Homeowners Association, Inc. (hereinafter referred to as the "Association"). The principal office of the Association shall be located at or such place as may be designated from time to time by the Board of Directors. Meetings of Members and directors may be held at such places within the State of Texas as may be designated by the Board of Directors.
"Association" shall mean and refer to Raleigh Creek Homeowners Association, Inc., a Texas non-profit corporation, its successors and assigns.
"Common Area" shall have the meaning ascribed to it in the Declaration.
"Declarant" shall have the meaning ascribed to it in the Declaration.
"Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions for Raleigh Creek dated November 12, 2013 and recorded under Harris County Clerk's File No. 20130584244 and as the same may be amended from time to time as therein provided.
"Lot" shall have the meaning ascribed in the Declaration.
"Member" shall mean and refer to every person or entity which holds a membership in the Association.
"Owner" shall have the meaning ascribed to it in the Declaration.
"Properties" shall mean and refer to the real property within the jurisdiction of the Association.
Annual Meetings. The first annual meeting of the Members shall be held on a date designated by the Association's Board of Directors, and each subsequent regular annual meeting of the Members shall be held in the same month of each year thereafter, on a date and at a time designated by the Board of Directors.
Special Meetings. Special meetings of the Members may be called at any time by the president or by the Board of Directors, or upon written request of the Members who are entitled to vote one fourth (1/4) of the aggregate votes of the Members.
Notice of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least 15 days before such meeting to each Member entitled to vote at such meeting, addressed to the Member's address last appearing on the books of the Association, or supplied by such. Member of the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting.
Quorum. The presence at the meeting of Members entitled to cast, or of proxies entitled to cast, one-tenth (I/10th) of the votes of each class of the Members shall constitute a quorum for any action except as otherwise provided in the Articles ofincorporation, the Declaration, or these By-Laws. It however, such quorum shall not be present or represented at any meeting, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No subsequent meeting shall be held more than 60 days following the preceding meeting.
Proxies. At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his Lot.
Compensation. No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties upon submission of an expense report and approval thereof by the Board.
Action Taken Without a Meeting. The directors shall have the right to take any action which they could take at a meeting by execution of a written consent instrument signed by all of the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors.
Regular Meetings. Regular meetings of the Board of Directors shall be held at such time and place and with such frequency as the Board from time to time deems necessary, but no less than quarterly.
Special Meetings. Special meetings of the Board of Directors shall be held when called by the President of the Association, or by any two directors, after no less than three (3) days notice to each director.
Quorum. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.
Powers. The Board of Directors shall have power to:
adopt and publish rules and regulations governing the use of the Common Area and facilities located thereupon, and the personal conduct of the Members or their guests thereon, and to establish penalties for the infraction thereof;
suspend the voting rights, the right to use the Association's facilities and the provision of services by the Association to a Member during any period in which such Member shall be delinquent in the payment of any assessment levied by the Association in excess of 30 days. Such rights may also be suspended after notice and hearing, for a period not to exceed 60 days for infraction of the Board's published rules and regulations;
exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the Membership by other provisions of these By-Laws, the Articles of Incorporation, or the Declaration;
declare the office of a Member of the Board of Directors to be vacant in the event such Member shall be absent from three (3) consecutive regular meetings of the Board of Directors; and
employ a manager, an independent contractor, third party management company or such other employees as the Board of Directors deems necessary, and to prescribe their duties, which may include the power to sign checks on behalf of the Association up to a predetermined amount as prescribed by the Board of Directors.
Duties. It shall be the duty of the Board of Directors to:
Enumeration of Offices. The officers of this Association shall be a president and vice-president, who shall at all times be Members of the Board of Directors, a secretary, a treasurer, and such other officers as the Board may from time to time by resolution create.
Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the Members.
Term. The officers of the Association shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise be disqualified to serve.
Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.
Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces.
Multiple Offices. The offices of secretary and treasurer or president and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article.
Duties. The duties of the officers are as follows:
The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and promissory notes.
The vice-president shall act in the place and stead of the president in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board.
Unless such duties have been assigned to another party by the Board of Directors, the secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the Members; keep appropriate current records showing the Members of the Association together with their addresses; and shall perform such other duties as may be required by the Board.
Unless such duties have been assigned to another party by the Board of Directors, the treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; if requested by the Board, shall cause an audit of the Association books to be made by a public accountant at the completion of every other fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the Membership at its regular annual meeting.
The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member. The Declaration, the Certificate of Formation and the By-Laws of the Association shall be available for inspection by any Member at the principal office of the Association, where copies may be purchased at reasonable cost.
The Association may (but not be required to) have a seal in circular form having within its circumference the name of the Association.
These By-Laws may be amended at any time by the majority vote of the Board of Directors.
In the case of any conflict between the Certificate of Formation and these By-Laws, the Certificate of Formation shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control.
The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation.
End of By-Laws