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CERTIFICATE OF PRESIDENT
of
THOUSAND OAKS PROPERTY OWNERS ASSOCIATION, INC.
regarding
AMENDMENT
to
AMENDED AND RESTATED BYLAWS OF
THOUSAND OAKS PROPERTY OWNERS ASSOCIATION, INC.
THE STATE OF TEXAS §
COUNTY OF MONTGOMERY §
L riot President of Thousand Oaks Property Owners Association, Inc. (the “Association”), do hereby certify that at a meeting of the Board of Directors of the Association (the “Board”) duly called and held on May of _Mavcny 2017, with at least a quorum of the Board members being
present and remaining throughout, and being duly authorized to transact business, the following resolution was duly made and approved by a majority vote of the members of the Board:
WHEREAS, Section 22.102(c) of the Texas Business Organizations Code provides:
The board of directors may amend or repeal the bylaws, or adopt new bylaws, unless:
(1) this chapter or the corporation's certificate of formation wholly or partly reserves the power exclusively to the corporation's members;
(2) the management of the corporation is vested in the corporation's members; or
(3) in amending, repealing, or adopting a bylaw, the members expressly provide that the board of directors may not amend or repeal the bylaw.
WHEREAS, there is no such restriction or reservation in the Association’s Articles of Incorporation or Bylaws nor are there any vested tights specifically provided to the Association’s Members;
WHEREAS, Section 209.00593(b) of the Texas Property Code provides that a board of a property owners’ association may amend the
Certificate of President regarding Amendment to Amended and Restated Bylaws for Thousand Oaks Property Owners Association, Inc. Page 1 of 2
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bylaws of the property owners’ association to provide for elections to be held as required by Subsection 209.00593(a).
WHEREAS, state law supersedes any language contained in the Association's Bylaws regarding the procedure to amend the Bylaws;
NOW THEREFORE, BE IT RESOLVED, the twelfth (12) sentence of
Article V, Section 2 entitled “Election Procedures” of the Bylaws is
amended and restated to read as follows:
The ballots must be returned by the member within thirty (30) days to a certified public accountant (“CPA”) designated by the Association in any method determined by the Board that is included on the ballot, which methods may include, but are not limited to, by regular mail, by electronic mail (i.e., e-mail), or by facsimile.
All other provisions of the Bylaws of the Association shall remain in full force and effect.
I hereby certify that I am the duly elected, qualified and acting President of the Association and that the foregoing resolution was approved by a majority vote of the Board of Directors as set forth above and now appears in the books and records of the Association.
TO CERTIFY which witness my hand this thet’ day of (March
THOUSAND an PROPERTY OWNERS
ASSOCIATI
a ane Printed: Steen Wayloti ant Its: President
STATE OF TEXAS §
COUNTY OF Montgomery §
This instrument was acknowledged before me on alth day of
March __, 2017 by Stephen Wan lav ht , as President of Thousand Oaks Property Owners Association, Inc. on Of said corporation.
‘
Notary Public in and for the State of Texas
Certificate of Pr President regal ding Amendment to Amended and Restated Bylaws for Thousand Oaks Property Owners Association, Inc. Page 2 of 2
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Doc #: 2017025558
E-FILED FOR RECORD
03/30/2017 09:13AM
Mab nde
COUNTY CLERK
MONTGOMERY COUNTY, TEXAS
STATE OF TEXAS,
COUNTY OF MONTGOMERY
| hereby certify that this instrument was e-filed in the file number sequence on the date and time stamped herein
by me and was duly e-RECORDED in the Official Public Records of Montgomery County, Texas.
Mab Jub’
County Clerk Montgomery County, Texas.
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