Article VI - Management and Operation of Subdivision


  • Section 6 1 - MANAGEMENT BY ASSOCIATION - The affairs of the Subdivision shall be administered by the Association. The Association shall have the right, power and obligation to provide for the management, acquisition, construction, maintenance, repair, replacement, administration, and operation of the Subdivision as provided for in this Declaration, the Articles of Incorporation and Bylaws. The business and affairs of the Association shall be managed by its Board of Directors, unless otherwise reserved to the Members of the Association by law, the terms of this Declaration, Articles of Incorporation, or the Bylaws.
  • Section 6.2 - MEMBERSHIP IN ASSOCIATION - Each Owner, whether one or more persons or entities, of a Lot shall, upon and by virtue of becoming such Owner, automatically become and shall remain a Member of the Association until ownership of the Lot ceases for any reason, at which time the membership in the Association shall also automatically cease. Membership in the Association shall be appurtenant to and shall automatically follow the ownership of each Lot and may not be separated from such ownership. All members must provide their current mailing address to the Association in writing, if different from that of the Residential Dwelling on the Lot owned by the Member.
  • Section 6.3 - VOTING OF MEMBERS. Members shall be entitled to one vote for each Lot in which they hold the interest required for membership pursuant to Section 6.2. When more than one person holds interest in any Lot, all such persons shall be Members. In the event that ownership interests in a Lot are owned by more than one Member of the Association, such Members shall exercise their right to vote in such manner as they may among themselves determine, but in no event shall more than one vote be cast for each Lot. Such Owners shall appoint one of them as the Member who shall be entitled to exercise the vote of that Lot at any meeting of the Association. Such designation shall be in writing to the Board and shall be revocable at any time by actual written notice to the Board. The Board shall be entitled to rely on any such designation until written notice revoking such designation is received by the Board. In the event that a Lot is owned by more than one Member of the Association and no single Member is designated to vote on behalf of the Members having an ownership interest in such Lot, the single Member exercising the vote for such Lot shall be deemed to have been designated as the Member entitled to exercise the vote for that Lot. All Members of the Association may attend meetings of the Association and all voting Members may exercise their vote at such meetings either in person or by proxy. The Association shall have the right to suspend an Owner's voting rights for non-payment of any assessments due on the Owner's Lot and/or for infractions of these Restrictions.
  • Section 6.4 - LEASES - All leases of any Lot must provide that the use and occupancy of the Lot by the lessee is subject to the provisions of this Declaration, the Articles of Incorporation, and the Bylaws of the Association. The Owner is responsible for the lessee's compliance and providing the lessee with a copy of this Declaration. Any failure of the lessee to comply with the terms of this Declaration shall constitute grounds for termination of the lease.
  • Section 6.5 - BOARD ACTIONS IN GOOD FAITH - No act or omission by the Board made or taken in good faith shall subject the Board or any individual member of the Board to any liability to the Association, any Member or any other party.
  • Section 6.6 - INDEMNIFICATION OF OFFICERS AND DIRECTORS - The Association shall indemnify each officer and Director of the Association to the fullest extent permitted by Article 1396-2.22A of the Revised Civil Statutes of the State of Texas, as the same may be amended from time to time.
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