OAK CREST II HOMEOWNERS ASSOCIATION,INC.
BYLAWS
ARTICLE I: Name
The name of this organization shall be the Oak Crest II Homeowners Association, Inc.
ARTICLE II: Incorporation
This Association is incorporated as a non-profit organization under the authority of Article 1396-3.02 of the Texas Non-Profit Corporation Act.
ARTICLE III: Purpose
The purpose of this Association is to promote the general welfare and common interests of the homeowners of an area known as Oak Crest II, which comprises areas known as Oak Crest Estates Ranchettes Unit I; Oak Crest Estates Ranchettes Unit II; Oak Crest Estates Ranchettes Unit III; Oak Crest Estates Riverside Unit; Oak Crest Estates Spring Valley Unit; and Oak Crest Estates Highcrest Unit, Williamson County, State of Texas, and also to promote, through majority support:
- Keeping abreast of developments which may impact on the guality
of residential life in the neighborhood;
- Sharing information with residents who might be affected by
these developments;
- Maintaining compliance with existing Deed Restrictions;
- Providing a forum for discussion of neighborhood issues;
- Expressing positions of the Association before various bodies
or organizations which may impact the area;
- Maintaining Oak Crest II neighborhood entrance sign;
- Initiating social and recreational activities.
ARTICLE IV: Membership
Membership in this Association is composed of Regular and Auxiliary members, as defined:
- Regular - a property owner of record of a lot in the area. To be in good standing, each member must not be in default of dues. Each home constitutes one membership and shall have one vote.
- Auxiliary - Auxiliary memberships are available to persons not eligible for regular memberships. Auxiliary members are eligible for all benefits of the Association except voting.
ARTICLE V: Dues
- Annual dues of fifteen dollars ($15) per household are due and
payable January 1 of each year. Checks may be made payable to
the Oak Crest II Homeowners Association and forwarded to the
Treasurer.
- Changes in the amount of annual dues shall be approved by two-
thirds of the membership in good standing present at the annual
meeting or at a meeting called for such purpose.
ARTICLE VI: Meetings
- There shall be at least one annual meeting of the membership of
the Association which shall be for the purpose of electing
officers and directors for the ensuing year, reporting to the
membership of the financial status of the association,
reporting to the membership the significant accomplishments of
the Association, and conducting any other business that may
come before the membership.
- Other meetings of the membership may be called by the
President, or a majority of the Board of Directors.
- Association members will be notified of meetings in the
following manner:
- As each meeting date approaches, the Reporter shall provide
for publication to the local newspapers a notice, stating
the place, day, hour and purpose of the meeting.
- The Board may consider other techniques as needed.
- Meeting agenda preparation: Members in good standing must
request/submit, in writing, agenda items to the President.
Those items must be submitted to the President a minimum
of seven (7) days prior to the scheduled meeting.
ARTICLE VII: Voting
- Each member in good standing shall be entitled to one vote, on each of the matters submitted to the vote of the membership, regardless of the number of parcels of property owned by the member within the area represented by the Association.
- Absentee voting will be allowed to those members in good standing who have a valid reason to be absent from any particular meeting. Such voting shall be in writing.
ARTICLE VIII: Officers and Duties
The titles and duties of the officers are as follows:
- President: The president shall preside at all meetings of the
membership, and of the Board of Directors (Board); shall see
that orders and resolutions of the Association or the Board
are carried out; and shall sign written instruments on behalf
of the Association. The President shall serve on the Board for
one year immediately following his/her term of office as
President.
- Vice-President/President-Elect: The Vice-President shall act
in the place and perform duties of the President in the absence
of the President or in the event of the President's inability
or refusal to act as determined by the Board, and shall
discharge such other duties as may be reguired.
- Secretary: The Secretary shall record the votes and keep the
minutes of all meetings and proceedings of the Board and of the
Association, keep all correspondence and records for the Board
and the Association, and shall perform such other duties as
reguired.
- Treasurer: The Treasurer shall receive and deposit in
appropriate bank accounts all monies of the Association and
shall disburse such funds as directed by order of the Board or
by the Association; keep appropriate current records showing
the members of the Association together with their addresses;
shall prepare and sign all checks of the Association; keep
proper books of accounts; shall provide for an outside review
periodically; and shall prepare an annual budget and statement
of income and expenditures to be presented to the membership at
its regular annual meeting. Such expenditures shall relate to
the Association's purpose as stated in ARTICLE (III).
- Parliamentarian: The Parliamentarian shall be familiar with
Robert Rules of Order, Newly Revised, as well as the
provisions of this set of BYLAWS. The Parliamentarian
is expected to alert the President of any potential infractions of Robert Rules of Order, or of the Oak Crest II BYLAWS.
- Reporter: The Reporter shall prepare and after coordination
with the President, submit timely and factual reports of the
Association's plans and activities, past and future, for
publication in local media. The Reporter shall also be
responsible for meeting notification to the Association
membership as directed in ARTICLE (VI), Number 3.
Nomination and election of officers;
- Each officer must be a member in good standing for the duration
of his/her one-year term of office.
- Nomination for election as an officer shall be made by a
Nominating Committee appointed by the President and confirmed
by the Board of Directors. The nominating committee shall
consist of a chairperson and two or more members in good
standing. The Nominating Committee shall make as many
nominations for election of an officer as it shall in its
discretion determine, but not less than the number of vacancies
that are to be filled. Names and nominations shall be selected
from members in good standing.
- Election of an officer may be by secret written ballot. The
person receiving a majority of the votes shall be elected.
Cumulative voting is not permitted. If no person receives a
majority vote, a run-off election will be held between the two
persons who received the most votes.
ARTICLE IX: Board of Directors (Board)
- The business and affairs of the Association shall be managed by
the Board of Directors subject to the direction and control of
the membership.
- The Board shall consist of all officers, six (6)duly elected
directors at large, and the immediate past President of the
Association.
- Terms of office for the directors shall be staggered to
provide for over-lapping terms; initially three directors shall
serve for one year and three directors shall serve for two
years. Thereafter, each shall serve two year terms. The
immediate past President shall serve for one year.
- Meetings of the Board may be called at any time and shall be
open to any member in good standing. A majority of the
members of the Board of Directors shall constitute a quorum.
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 an act of the Board.
- Any action of the Board may be overturned by an
affirmative vote of at least a majority of the membership in
good standing, in person or by valid absentee vote, at the
annual meeting or a special meeting called for such purpose.
- Should an officer or director vacancy occur, a special election
may be called by the Board to fill such vacancy. The term of
office of such newly-elected officer or director shall coincide
with the term of office of that officer or director they are
replacing. The Board may make an interim appointment to fill the vacancy. The position of the immediate past President, if vacated, shall not be filled.
- To remain in good standing with the Association, all officers
and directors must have their annual dues paid by January 1.
The positions of those officers and directors who fail to pay
membership dues shall be declared vacant by the Board of
Directors. The positions of those officers and directors who
regularly do not attend meetings, without cause, may be
declared vacant by the Board of Directors.
- The members of the Board shall not be liable to any owner or
any other person for any act or omission in the performance of
his/her authorized duties, as directed by the Association.
However, the Association may purchase liability insurance for
its own protection.
ARTICLE X: Committees:
Committees shall be appointed annually by the Board with a specific charge. Documented plans and results will keep the Board informed of all activities.
- Community Affairs: The Community Affairs Committee shall
provide a focal point for civic, community, and political
awareness and participation by the Association. The Committee
shall initiate developmental activities in the neighborhood
and work with the City of Georgetown and Williamson County in
maintaining the integrity of the neighborhood.
- Architectural Control: The Architectural Control Committee
will serve as the first level of review of any proposed
construction, or any sub-division of lots that may be in
violation of existing deed restriction. Reports of this
committee will be in writing, and submitted to the Board
through the President in a timely fashion.
- Budget: The Budget Committee shall prepare the financial plan
of the Association and recommend all necessary funding for the
year. The Association's Treasurer is the automatic chairperson
of this committee.
- Membership: The Membership Committee shall provide a means for
introducing the Association to new members and establish projects and leadership to encourage membership growth.
- Social: The Social Committee shall create, organize, and
produce events Association members may attend or participate
in for the purpose of entertainment, fellowship, or fun.
- Roads: The Roads Committee shall maintain vigilance over the
construction/repair of roads in the Association area or those
areas impacting on the Association members.
- Community Service: The Community Service Committee shall
develop projects and stimulate Association action to beautify
and enhance the Oak Crest II environment.
- Ad-hoc Committees: To be appointed as needed for specific
purposes.
ARTICLE XI: Recorded With Williamson County
This set of BYLAWS, which by reference includes those areas identified in the action of 22 Oct 1992 by Georgetown Builders, Inc. (except Oak Crest Estates Unit I), is recorded in the Williamson County Clerk's Office as the official statement concerning the Oak Crest II Association's Deed Restrictions.
ARTICLE XII: Amendments
- The BYLAWS may be amended by an affirmative vote of two-
thirds of the membership in good standing, in person or by
valid absentee vote, at the Annual Meeting, or at a meeting
called for that purpose.
- Notice calling for a meeting to amend the BYLAWS is described
in ARTICLE (VI).
- The BYLAWS shall be approved by an affirmative vote of a
majority of the homeowners in each of the six units cited
in ARTICLE III.
ARTICLE XIII: Miscellaneous
- The fiscal year for the Association shall begin January 1 of
each year.
- Operational Procedures will be developed, and updated
annually, in those areas in which such planning can help
insure consistent direction and actions.
- All books and records may be inspected by any member in good
standing for proper and lawful purpose, and at any reasonable
time with advance notice given to the President.
- Unless otherwise provided in the BYLAWS, the proceedings at
all meetings of the membership and the Board of the Association
“Robert Rules of Orders, Newly Revised”.
Last Update: 4 Dec 1995
Appendix
Background for Adding the Architectural Control Function to the BYLAWS of the Oak Crest II Homeowners Association:
- As recorded in Williamson Country Clerk's office, Deed
Restrictions were registered by Georgetown Builders, Inc. for
all six (6) units as identified in ARTICLE III, which occurred
in 1971.
- As recorded in Vol. 2251, page 224, Williamson County Clerk's
office, Georgetown Builders, Inc. (22 Oct 1992) transferred its
architectural control committee function to three members from
the area who “shall operate at the will of the majority of the
residents of the Oak Crest Subdivisions.”
- As recorded and authorized in #2 above, the Association's
Architectural Control Committee shall serve as the first-
level of review in all matters pertaining to Deed Restrictions,
including lot divisions or subdivisions, as well as building
construction. Any and all actions of the Architectural
Control Committee will be documented for review by the Board,
with a notation in the minutes regarding the final decision for
the Association.
- The Architectural Control Committee shall be composed of
members of this Association whose primary residence is within
the Oak Crest II area. Membership on this committee shall be
reviewed and approved annually by the Board.