Woodland Harbor By Laws | woodlandharborpoa

AMENDMENT AND RESTATEMENT TO THE BYLAWS OF THE WOODLAND HARBOR PROPERTY OWNERS ASSOCIATION

On June 1, 1983, the Woodland Harbor Property Owners Association was formed and was later amended September 28, 2003. After the approval of the majority of the members of the association, this document shall serve as an Amendment and Restatement to the Bylaws of Woodland Harbor Property Owners Association and is intended to replace the Amendment recorded March 23, 2007, in Volume 234, Page 846, of the Official Public Records of Camp County, Texas. This document does not amend any valid and legal restrictions which affect any unit of the Woodland Harbor Property. The Amendment and Restatement is as follows:

ARTICLE I

NAME

The name of the organization shall be “Woodland Harbor Property Owners Association”

ARTICLE II

OBJECTIVE/PURPOSE

Section 1: To collect annual dues from each Property Owner of the Woodland Harbor Property Owners Association, Pittsburg, Texas. Annual dues shall be used to pay for the expenses of the association. Those expenses may be, including but not limited to, maintaining the pool, bathhouse, park areas, roads, parking areas, and other minor improvements as may be in the best interest of the Property Owners, as determined by a majority of membership.

Section 2: To enforce the legal Restrictions of the Woodland Harbor Property Owners Association.

Section 3: To adopt rules and regulations in the best interest of the Association and its members.

ARTICLE III

MEMBERSHIP

All Woodland Harbor Property Owners are required to be a member in the Woodland Harbor Property Owners Association. Association members shall be eligible to vote at the annual meeting upon the payment of all past and present annual dues, late fees, and must be in compliance with restrictions and regulations. Each member will be entitled to one vote regardless of how many lots are owned except that a husband and wife shall be entitled to one vote each. A single annual due shall cover both joint owners. Membership dues are based on the number of lots owned and the amount decided by the members.

ARTICLE IV

ANNUAL DUES

Section 1: Currently, the annual dues as follows:

One and two lots owned- the membership dues total $100.00

Three and four lots owned- the membership dues total $150.00

Five and six lots owned- the membership dues total $200.00

Seven and more lots owned- the membership dues total $250.00

Section 2: Membership dues paid after February 1st will be subject to a one time late fee of $20.00 per lot.

Section 3: No initiation fee shall be required. Membership dues are due and payable on January 1st, and will be past due February 1st. Dues may be increased by a 51% majority vote of the members in person or by proxy. Members are not subject to special assessments unless voted on and approved by a 51% majority vote of the members in person or by proxy.

Section 4: No member, who has not paid their annual dues or who is in violation of the Rules and Restrictions, shall be eligible to vote at any meetings of the members or use any of the facilities at Woodland Harbor. Furthermore, members in arrears of assessments, or family members of the member, cannot be guests of other members of the association. This will be strictly enforced.

ARTICLE V

EVIDENCE OF MEMBERSHIP AND TRANSFER

Section 1: A card, certificate, or other writing approved by the Board of the Association shall serve as proof of membership as authorized by the Officers of the Property Owners Association. Membership records shall be maintained jointly by the Secretary and the Treasurer of the Association.

Section 2: Members shall provide evidence to use the facilities of Woodland Harbor Property Owners Association.

Section 3: When a member ceases to be a Property Owner, such person’s membership shall cease, but such person shall remain liable for all Association charges incurred prior to the giving of written notice to the Association that such person is no longer a property owner. It is the transferring of owner’s obligation to provide the transferee with a copy of the Woodland Harbor Property Owners Restrictions, Property Report and Bylaws of the Association.

ARTICLE VI

MEETING OF MEMBERS

Section 1: Place of Meeting. All annual and special meetings of the members of the Association shall be held at such time and place as the officers determine. Special meetings of the members may be called with the approval of a 51% majority vote of the members.

Section 2: Notice of Meetings. Not less than ten (10) days written notice of the meeting shall be given by mail to each member entitled to vote at such meetings. The notice shall be deemed to be delivered when deposited in the US mail, addressed to the member’s last known address as recorded by the Association. The notice shall set out in reasonable detail the business to be brought before the meeting and each meeting shall be limited to the items set out in the notice in order that those casting absentee ballots may be permitted to express their desires. Members present may make suggestions covering items which they feel should be brought before the membership. If any suggestions are approved by proper resolution of those members present, it shall be the duty of the Secretary to present such resolution to the members for consideration and action at the next regular or special meeting, such suggestions or request may be properly presented in writing, provided such requests are received at least sixty (60) days prior to the meeting date.

Section 3: Quorum. Majority of the members of the association being in attendance at the annual, or special meetings, shall constitute a quorum. Majority is defined as 51% majority vote of the members who are in attendance.

Section 4: All eligible voting members of the association, who are attending the annual meeting or special meeting, shall be required to sign in with the Association Secretary. The sign in sheet will be attached to and made part of the minutes of the meeting as recorded by the Secretary of the Association. Members ailing to sign in will not be permitted to vote on any motion made during the meeting. Once the meeting has started, Members will no longer be allowed to sign in.

Section 5: Members entitled to vote may do so by proxy executed in writing by the Member or by his duly authorized attorney. No proxy shall be valid after eleven (11) months from the date of its execution unless otherwise stated in the proxy.

Section 6: Matters of the Association business requiring motion for approval, as set out herein, shall be determined by a majority vote of 51% of the Association Members at the annual meeting, or special meeting, shall be binding on all Members of the Woodland Harbor Property Owners Association, both individually and as a whole.

ARTICLE VII

OFFICERS

Section 1: Officers of the Association shall include a President, Vice-President, Secretary, and Treasurer. They will also serve as Board of Directors. All officers shall have voting rights. Authority for performance of the duties and responsibilities as set forth herein are granted by the Membership at its annual meeting in accordance with the Bylaws in effect which have been approved, by a 51% majority vote of the members in person or proxy and attested to by the Association Secretary.

Section 2: The Role of the Various Office Holders:

The President shall be chief executive officer of the Association and shall preside over meetings of its membership. The President shall call all formal meetings of the association, including but not limited to, the annual meeting. The President will appoint all committees who will report findings or information to the other officers.
The Vice-President will perform the duties of the President in his or her absence and will assist the President in execution of that office. The Vice-President will serve on committees as appointed by the President.
The Secretary will record and read all minutes of the annual meeting and special meetings. The Secretary is custodian of all official records and paper of the Association; and the Secretary will maintain, along with the Treasurer, a current and accurate list of all Woodland Harbor Property Owners.
The Treasurer is the custodian of all Association funds. The Treasure is to receive all funds and deposit these funds into the Woodland Harbor Property Owners Association designated bank account; disburse funds as directed by the officers, and maintain, along with the Secretary, a current and accurate list of all Woodland Harbor Property Owners. Disbursement of funds shall be made by check requiring the signature of the Association Treasurer and one (1) officer of the Association.

Section 3: Officers shall receive no salary for efforts in the performance of their duties and responsibilities as set forth herein.

Section 4: The term of office for the President, Vice-President, Secretary and Treasurer shall be thirty-six (36) months from the date of their elections, or from three (3) annual meetings, whichever shall occur first.

Section 5: Officers shall use their best efforts and in good faith strive to protect the dignity of the Association and the Office of which they hold as fiduciaries of the Association. It shall be the responsibility of the Officers of the Association to enforce the Bylaws and Restrictions of the Association in order that the best interests of the Association are served.

Section 6: No officer shall incur any personal liability by virtue of carrying out their duties and responsibilities for the Association.

Section 7: If a vacancy occurs in any position of one or more of the officers, by reason of resignation or withdrawal from membership, a majority of the remaining officers shall appoint a member to serve as an officer until a successor is elected at the next annual meeting. If the resignation or withdrawal occurred during the first year of a three-year term, the members shall elect an officer to fill the unexpired portion of the original term at the next annual or special meeting.

Section 8: Removal of Officers. Officers may be removed at anytime for breach of their fiduciary duty towards the Association or by a 51% majority vote of the members in person or by proxy.

ARTICLE VIII

GENERAL PROVISIONS

Section 1: Roberts Rules of Order Newly Revised shall be followed in order to conduct orderly meetings.

Section 2: These Bylaws, or any part thereof, may be amended, modified or repealed only by a 51% majority vote of the members either in person or by proxy.

Section 3: Normal and reasonable operating expenses (road maintenance, pool repairs, etc.) incurred by the Association may be approved for payment by the Property Owners Association Officers. Any expenditure in excess of One Thousand Five Hundred Dollars ($1500.00) not considered to be normal operating expenses, nor of an emergency nature, must be approved by a 51% majority vote of the members in person or by proxy.

Section 4: No officer or Member of the Association shall enter into any contract or incur any indebtedness in the name of the Association or place any encumbrance upon the assets of the Association without first being approved by a 51% majority vote of the members in person or by proxy.

Section 5: Members shall be granted access to all books, records, and minutes of the meetings of the Association upon written request to the President of the Association. Such inspection of books and records shall be conducted at a time and place agreed upon between the President and the members requesting access.

Section 6: Renters cannot be considered guests of the Property Owner. Renters cannot use the facilities (swimming pool, boat ramp, or picnic areas) of Woodland Harbor Property Owners Association, unless they pay an additional One Hundred Dollars ($100.00) usage fee annually. Additionally, the Property Owner still bears the responsibility to pay their property owner dues.

ARTICLE IX

OTHER

The document filed in Volume 236, Page 728, Official Public Records of Camp County, Texas, attempting to establish annual dues of $12,000.00 per lot per year is declared rescinded, null and void, and of no legal effect, now and retroactively.

Adopted by the membership of June 27, 2011